1. (1) The Central Trust Unit will establish one trust account for each adult in custody which corresponds to the SID number issued. A trust account may include one or more sub-accounts as described in these rules. The trust account will accrue interest at a rate determined by law. All moneys received for an adult in custody that are authorized for receipt in accordance with the provisions of these rules shall be credited to the adult in custody’s trust account.

2. (2) The department may assess an adult in custody’s trust account for the following non-exclusive reasons:

   1. (a) Sanctions resulting from a disciplinary hearing;
   2. (b) Garnishment or collection actions in a court proceeding, or by a state or federal agency with statutory authority to issue a warrant or levy against adult in custody property to collect taxes or other debts owed;
   3. (c) Court–ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, or in other proceedings as authorized by law.
   4. (d) Damages or destruction caused by willful misconduct;
   5. (e) Costs associated with the facility, release, and programs;
   6. (f) Photocopy or postage costs;
   7. (g) Authorized medical, dental, or optical services or purchases;
   8. (h) Authorized self-elected activities or purchases;
   9. (i) To correct illegal or erroneous transactions; or
   10. (j) As otherwise authorized by law.
3. (3) Adults in custody who are indebted to the department shall have their trust account debited, and funds disbursed in accordance with applicable law.
4. (4) An adult in custody may request to transfer funds from their General Spending Trust Account to their General Release Savings Account by submitting a completed Transfer Request form (CD1832) to Central Trust. Funds in this account may be subject to the collection of any DOC debt as provided in these rules. Exceptions to use funds from the General Release Savings Account may be made with the approval of the Financial Services Administrator or designee by submitting a General Release Savings Exception Request form (CD1910).
5. (5) If an adult in custody has less than $500.00 in their Transitional Savings Account, an adult in custody may request to transfer funds from their General Spending Trust Account to their Transitional Savings Account by submitting a completed Transfer Request form (CD1832) to Central Trust, provided that the transfer may not cause the Transitional Savings Account balance to exceed $500.00.

6. (6) Each month, Financial Services will provide each adult in custody with a trust account statement that shows a list of transactions by type, dollar amount, and running balance. This statement may be provided by paper or electronic means.

   1. (a) Each adult in custody shall be responsible for monitoring their trust account balance by using the monthly account statements provided to them. Additional copies of the monthly account statement shall be available for purchase from Financial Services at a cost of $.50 per page.
   2. (b) Questions regarding the statement shall be submitted to the institution business office. If an institution business office is not available, questions may be submitted to Central Trust.
7. (7) Funds held in an adult in custody’s trust account shall be disbursed to the adult in custody upon physical release from a Department of Corrections facility, unless otherwise provided by law. Prior to release, the department will collect against available trust account funds to satisfy any outstanding DOC debts. Within 14 days of the adult in custody’s scheduled release date, funds held in an adult in custody trust account may be unavailable to spend due to Central Trust preparing the funds for the adult in custody’s release.
8. (8) Any monetary transaction made on behalf of one adult in custody for the benefit of another adult in custody is prohibited. Exceptions may be allowed on a case-by-case basis by the Chief Financial Officer, and Assistant Director of Operations, or their designee.
9. (9) A transfer of funds from one adult in custody’s trust account to another adult in custody’s trust account, including transfers that are made or facilitated by a person who is not under the supervision of the Department of Corrections, or by a financial institution, is prohibited. Exceptions may be allowed on a case-by-case basis by the Chief Financial Officer and Assistant Director of Operations, or their designee.
10. (10) Funds received by the department for an adult in custody who is the subject of an investigation by the department or a law enforcement agency may be held by the department in the adult in custody’s Miscellaneous Reserve Account pending the outcome of the investigation.
11. (11) Funds received by the department for an adult in custody may be placed into the adult in custody’s Miscellaneous Reserve Account pending verification of the completion of a deposit, or to confirm the legitimacy and authorization for a deposit.
12. (12) Funds in a trust account that remain unclaimed two years after the adult in custody’s release from custody of the Department of Corrections or death shall be disposed of as provided in the Uniform Disposition of Unclaimed Property Act, ORS 98.302, et seq.
13. (13) Disbursed checks from an adult in custody’s trust funds that remain uncashed after two years may be returned to the adult in custody’s trust account.

Statutory/Other Authority

ORS 30.643, 34.365, 34.370, 98.302 - 98.436, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105

Statutes/Other Implemented

ORS 30.643, 34.365, 34.370, 98.302 - 98.436, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105

History

DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Former sec. (7), (8), (9), (10), (11) & (12) Renumbered to 291-158-0025, 291-158-0035, 291-158-0045, 291-158-0055, 291-158-0065 & 291-158-0075
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & cert. ef. 8-16-85
CD 6-1985(Temp), f. & cert. ef. 6-17-85