1. (1) The amount determined by the Department to be the adult in custody’s charges shall not exceed the full cost of care for the dates covered by the Ability to Pay Order, less payments and/or credits from any other sources the Department has received, or reasonably anticipates receiving.

2. (2) Charges will be assessed using the adult in custody’s equity in all assets whether the asset is controlled by the person, or by the person’s authorized representative.

   1. (a) Any asset may be liquidated in a lump sum to pay charges assessed the adult in custody in the Ability to Pay Order.
   2. (b) Equity in each asset will be determined from the fair market value of the asset less any bona fide encumbrance against the asset.
   3. (c) When assets are used as the basis for ongoing charges, the Department will estimate the length of time the assets are expected to last. During the final 60 days of that time period, the Department will review the adult in custody’s financial circumstances for modifying the adult in custody’s charges.
3. (3) Charges will be assessed using the total amount of all income received either by the adult in custody or for the adult in custody by the adult in custody’s authorized representative.

4. (4) Charges may be assessed using the adult in custody’s equity in a primary personal residence only if:

   1. (a) The adult in custody is sentenced to death or to life without possibility of parole; and

   2. (b) None of the following individuals reside in the residence:

      1. (A) The adult in custody’s spouse.
      2. (B) The adult in custody’s child or children under age 21, or blind or disabled children over 21.
      3. (C) The adult in custody’s sibling or siblings who own an interest in the residence, and who lived in the residence for at least one year immediately prior to the adult in custody becoming the custody of the Department.
      4. (D) The adult in custody’s parents or emancipated children who are unable to work to maintain themselves as declared in ORS 109.010.
5. (5) Charges may be assessed using the adult in custody’s equity in an automobile only if it is not the adult in custody’s primary personal automobile.

6. (6) Deductions: The Department may allow a deduction from the adult in custody’s assets and income for the following:

   1. (a) Legal Obligations: Legal obligations, other than administratively or judicially ordered child or spousal support, as determined by the Department.

      1. (A) Funds set aside as legal obligations may not be accumulated by, or on behalf of the adult in custody, or used for purposes other than that for which it was approved.
      2. (B) The adult in custody must have demonstrated an intent to pay the obligation. The Department may request verification of actual payments.
      3. (C) Any deduction allowed for the financial support of dependents must be used to provide current support. It may not be accumulated by, or on behalf of the adult in custody, and it may not be used for other purposes.
   2. (b) Personal Support Following Release: Based on a showing of need, the Department may allow a deduction for the adult in custody’s transitional support following his/her release from an ODOC institution for reasonable expenses to live in the community for six months, including rent, utilities, food, public transportation, supervision fees, and miscellaneous expenses.

   3. (c) Personal Support While in Custody of the Department:

      1. (A) Based on a showing of need, the Department may allow a deduction for an adult in custody’s miscellaneous personal expenses while in the custody of the Department that are not provided by the Department and are available for purchase from the institution commissary. These include, but are not limited to, expenses for personal grooming and hygiene items; books, newspapers, or other publications; or snacks or refreshments.
      2. (B) When a deduction is made by the Department for this purpose, the Department shall establish an allowance to reflect a reasonable monthly spending limit for the adult in custody for purchase from the institution commissary, consistent with the Department’s rule on Trust Accounts (AIC), OAR 291-158.

Statutory/Other Authority

ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075

History

DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 19-2009, f. 11-10-09 cert. ef. 11-11-09
DOC 5-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09
DOC 11-2003, f. & cert. ef. 8-6-03