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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 133

MARRIAGES (INMATE) 

291-133-0005

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.285, 179.040, 423.020, 423.030, and 423.075, and 2007 Or Laws, Chapter 99.

(2) Purpose: To establish Department of Corrections policies and procedures regarding inmate marriages or solemnization ceremonies for inmates that have established a domestic partnership, conducted in a Department of Corrections facility.

(3) Policy: Within the inherent limitations of resources, and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections to permit an inmate to marry a person of the opposite sex in an ODOC correctional facility, including another inmate, and to permit an inmate that has established a domestic partnership to participate in a solemnization ceremony in a Department of Corrections facility, provided that the marriage or domestic partnership is otherwise legal under Oregon law, and is not inconsistent with the safe, secure and orderly operation of a Department of Corrections facility, inmate rehabilitation, or other penological interest.

Stat. Auth.: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
Hist.: CD 31-1978, f. 10-24-78, ef. 10-25-78; CD 18-1981(Temp), f. & ef. 6-30-81; CD 50-1981, f. & ef. 10-30-81; CD 58-1985, f. & ef. 8-16-85; CD 48-1986, f. & ef. 11-20-86; CD 22-1991, f. & cert. ef. 9-20-91; CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93; CD 28-1993, f. 10-22-93, cert. ef. 10-23-93; DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08; DOC 25-2008, f. & cert. ef. 9-26-08

291-133-0010

Definitions

(1) Applicant: For the purposes of these rules, "applicant" refers to an inmate incarcerated in a Department of Corrections facility who submits a Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form.

(2) Death Row Status: An inmate who has received a sentence of death and is assigned to Death Row Housing.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Domestic Partner: An individual joined in a domestic partnership.

(5) Domestic Partnership: A civil contract entered into in person between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon, which has been filed with the County Clerk and entered in the domestic partnership registry.

(6) Immediate Family Member: As defined in the DOC rule for Visiting, OAR 291-127-0210.

(7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post prison supervision, or probation status.

(8) Solemnization Ceremony: A ceremony to celebrate the establishment of a domestic partnership.

Stat. Auth.: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 &  2007 OL Ch. 99
Hist.: CD 31-1978, f. 10-24-78, ef. 10-25-78; CD 18-1981(Temp), f. & ef. 6-30-81; CD 50-1981, f. & ef. 10-30-81; CD 58-1985, f. & ef. 8-16-85; CD 48-1986, f. & ef. 11-20-86; CD 22-1991, f. & cert. ef. 9-20-91; CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93; CD 28-1993, f. 10-22-93, cert. ef. 10-23-93; DOC 8-2002, f. & cert. ef. 6-12-02; DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08; DOC 25-2008, f. & cert. ef. 9-26-08

Procedures

291-133-0015

Marriage or Domestic Partnership Solemnization Ceremony Application, Approval, and Eligibility Requirements

(1) An inmate incarcerated in a Department of Corrections facility wishing to marry or have a domestic partnership solemnization ceremony may obtain necessary forms from designated staff.

(2) Marriages and domestic partnership solemnization ceremonies in a Department of Corrections facility will occur two times per year on the fourth Mondays of April and October.

(3) A Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form must be submitted for approval to designated staff at least six weeks prior to the scheduled marriage or ceremony date.

(a) An inmate requesting a solemnization ceremony must also submit a certified copy of the inmate’s Declaration of Domestic Partnership registered with the County Clerk’s Office.

(b) Designated staff shall approve or disapprove the request within 15 working days following receipt, except that approval or disapproval may be delayed for up to 30 working days if the accuracy of the information provided on the Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form is in doubt.

(4) An applicant and prospective spouse, and an applicant’s domestic partner, must meet the following eligibility requirements:

(a) The applicant is confined in a Department of Corrections facility at the time of the application and remains so until the marriage or domestic partnership solemnization ceremony.

(b) The applicant has no major disciplinary misconduct sanctions six weeks prior to the marriage or domestic partnership solemnization ceremony date and remains without any such sanctions until the marriage or domestic partnership solemnization ceremony.

(c) Neither the marriage applicant nor the applicant’s prospective spouse is currently married, mentally incapacitated, of blood relation of first cousins or closer, or of the same sex.

(d) Both the applicant and prospective spouse, or the applicant’s domestic partner, are approved for privileged visitation under the Department of Corrections' rule on Visiting (Inmate) (OAR 291-127) at the time of the application, or if not at the time of the application, at least six weeks prior to the scheduled marriage or domestic partnership solemnization ceremony date and remain so qualified until the marriage or domestic partnership solemnization ceremony date. This eligibility requirement for privileged visiting may be waived for an applicant who is assigned to administrative housing for reasons of protective custody, or for an applicant who is on death row status.

(e) The applicant, whether indigent or not, accepts responsibility for all fees incurred related to the marriage or domestic partnership solemnization ceremony process, such as the marriage license fee and ceremony expenses.

(f) The necessary procedures for the issuance of a marriage license and performance of the marriage ceremony, or for the performance of the solemnization ceremony, is not inconsistent with the safe, secure and orderly operation of the Department of Corrections facility, inmate rehabilitation, or other penological interest.

(g) Approval may be withdrawn by the functional unit manager, or by designated staff, if the applicant later becomes ineligible.

Stat. Auth.: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 &  2007 OL Ch. 99
Hist.: CD 31-1978, f. 10-24-78, ef. 10-25-78; CD 18-1981(Temp), f. & ef. 6-30-81; CD 50-1981, f. & ef. 10-30-81; CD 28-1983, f. & ef. 7-11-83; CD 58-1985, f. & ef. 8-16-85; CD 48-1986, f. & ef. 11-20-86; CD 22-1991, f. & cert. ef. 9-20-91; CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93; CD 28-1993, f. 10-22-93, cert. ef. 10-23-93; DOC 8-2002, f. & cert. ef. 6-12-02; DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08; DOC 25-2008, f. & cert. ef. 9-26-08

291-133-0025

Marriage or Domestic Partnership Solemnization Ceremony

(1) Staff will arrange for the marriage or domestic partnership solemnization ceremony to be scheduled in the area designated after all necessary forms are processed and confirmations have been made.

(2) All guests (including participants) attending the marriage or domestic partnership solemnization ceremony must be approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) on the day of the ceremony. In accordance with 291-133-0015(4)(d), this requirement may be waived for an applicant who is assigned to administrative housing for reasons of protective custody, or for an applicant who is on death row status.

(a) All guests will be processed into the institution in accordance with procedures for regular privileged visiting.

(b) A maximum of ten guests (not including the official performing the marriage or individual conducting the domestic partnership solemnization ceremony) will be permitted to attend the ceremony with the applicants.

(3) An inmate who is an immediate family member of the bride or groom or domestic partner may attend the marriage or domestic partnership solemnization ceremony only if he/she is housed at the facility where the wedding or ceremony is being held.

(4) Designated staff will notify the inmate and appropriate staff when arrangements for the marriage or domestic partnership solemnization ceremony have been finalized.

(5) No food, cameras, flowers, or special clothing may be brought into a Department of Corrections facility for inmate marriages or domestic partnership solemnization ceremonies.

(6) Inmates will be permitted to wear a plain wedding or domestic partner band, which shall be recorded on the inmate's personal property list.

(7) The applicant or prospective spouse or applicant’s domestic partner will have the responsibility of contacting the clergy or other licensed person(s) to perform the marriage or solemnization ceremony.

(8) The schedule of marriages or domestic partnership solemnization ceremonies will be arranged by designated staff.

(9) The designated staff member will assure that appropriate reports are submitted.

Stat. Auth.: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 &  2007 OL Ch. 99
Hist.: CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93; CD 28-1993, f. 10-22-93, cert. ef. 10-23-93; DOC 8-2002, f. & cert. ef. 6-12-02; DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08; DOC 25-2008, f. & cert. ef. 9-26-08

291-133-0035

Inmate-to-Inmate Marriages and Domestic Partnership Solemnization Ceremonies

(1) An applicant satisfying the eligibility requirements of OAR 291-133-0015, except subsection (4)(d), may be permitted to marry another applicant who satisfies these requirements.

(2) All inmate-to-inmate marriages shall be conducted at the Coffee Creek Correctional Facility, except male death row status inmates, whose marriages which shall take place at the Oregon State Penitentiary (Penitentiary).

(3) For marriages, staff at Department facilities other than Coffee Creek Correctional Facility shall coordinate with staff at the Coffee Creek Correctional Facility at least four weeks in advance of the marriage ceremony date.

(4) For inmate-to-inmate domestic partnership solemnization ceremonies, staff will coordinate at least four weeks in advance of the solemnization ceremony to make arrangements for the ceremony.

(5) Transportation of applicants for inmate-to-inmate marriage and domestic partnership solemnization ceremonies will be coordinated through the Transport Unit.

Stat. Auth.: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
Hist.: CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93; CD 28-1993, f. 10-22-93, cert. ef. 10-23-93; DOC 8-2002, f. & cert. ef. 6-12-02; DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08; DOC 25-2008, f. & cert. ef. 9-26-08

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