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DEPARTMENT OF CORRECTIONS

 

DIVISION 158

TRUST ACCOUNTS (INMATE)

291-158-0005

Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policies and procedures for the establishment and administration of inmate trust accounts, and the safeguarding of inmate funds for use for authorized expenditures and assessments during incarceration and to assist in offsetting the costs of the release plan.

(3) Policy:

(a) It is the policy of the Department of Corrections to restrict the use of inmate funds for authorized purposes. The Department will control and safeguard inmate funds utilizing accepted accounting procedures. Monies received which are not in accordance with these rules will be considered contraband and will be placed in the Inmate Welfare Fund. Every person who is charged with processing inmate money or trust funds shall follow these rules.

(b) It is the policy of the Department of Corrections to assess an inmate’s account for court-ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, and in other proceedings as authorized or required by law. The Department intends that its rules authorizing assessments against an inmate’s account for these purposes apply retroactively to assessments made by the Department prior to, on, and after the effective date of these rules.

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93; DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08; DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0010

Definitions

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

(2) Designated Funds: Funds sent to any inmate for a specific service or item authorized by the functional unit manager.

(3) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.

(5) Garnishment: A statutory proceeding whereby an inmate’s property, money, or credits in possession or under control of or owned by another are applied to payments of former debt to a third party by proper statutory process against the debtor or garnishee.

(6) Incidental Monies: Financial assistance allocated to an inmate upon release, for the purpose of purchasing essential goods or services related to release needs, based upon trust account history, as determined by the functional unit manager.

(7) Inmate: Any person under the supervision of the Department of Corrections for whom the Department has created and maintained a trust account administered by the Department’s Central Trust Unit.

(8) Inmate Welfare Fund: An account established to provide monies to enhance programs and activities that benefit the general inmate population.

(9) Money: Cash, money orders, personal checks, warrants, certified checks, and other remittances.

(10) Photo Identification: Any government-issued photo identification that contains a current home address.

(11) Receipts: Official Department of Corrections money receipts which are used to record receipt of money on behalf or for the use of inmates.

(12) SID Number: A unique State Identification Number (SID) assigned to each inmate reported to the Oregon State Police Identification Services Section.

(13) Signature Authorization Form (CD 1465): The official form designated by Central Trust that contains the signatures of each staff member authorized by their specific functional unit manager or designee to approve completed withdrawal request forms (CD-28) for designated inmate expenditures.

(14) Trust Account Funds: Those monies deposited to an inmate’s trust account which may be used by the inmate to purchase authorized items or services during his/her incarceration, or be assessed by the functional unit to pay any indebtedness incurred while under the supervision of the Department of Corrections.

(15) Trust Funds: Inmate money in the care and custody of the Department of Corrections that is deposited with the State Treasurer and managed by the Department of Corrections.

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93; DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

Procedures

291-158-0015

Trust Accounts

(1) The Department of Corrections Central Trust Unit will establish one trust account for each inmate which corresponds to the SID number issued. The account will accrue interest at a rate determined by applicable statutes. All monies received for an inmate that are authorized for receipt in accordance with the provisions of these rules shall be credited to the inmate’s trust account.

(2) The Department of Corrections may assess an inmate’s trust account for sanctions resulting from the inmate’s disciplinary hearings; garnishment actions determined by the courts; 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 or requirement by law; damages or destruction caused by willful misconduct; costs associated with the facility, release, and programs; copies; postage; medically required services including prostheses or other devices; authorized self-elected activities; or to correct illegal and erroneous transactions. Inmates who are indebted to the Department shall have their trust account debited and funds disbursed in accordance with the provisions of OAR 291-158-0065.

(3) Records of all monies received in the trust account during incarceration will be tallied and the total figure may be the basis for approval or denial of incidental monies in accordance with ORS 421.125 and the Department of Corrections rule on Release Subsidies (Inmate) (OAR 291-057)

(4) Central Trust shall send each inmate with an active trust account a monthly trust statement that reflects the transactions for the monthly period.

(a) If an inmate has any questions regarding the statement, he/she must submit those questions in writing within 30 days of the statement issue date. Questions regarding account balances or whether transactions have been posted must be submitted to the institution business office. Questions regarding the accuracy of the transactions must be submitted to Central Trust.

(b) Each inmate shall be responsible for retaining his/her own trust statement. Additional copies of the monthly trust statement shall be available for purchase by inmates from Central Trust at a cost of $.50 per page.

(5) Funds held in an inmate’s trust account shall be disbursed to the inmate upon release from a Department of Corrections facility, unless the funds are subject to setoff by the Department in accordance with the provisions of OAR 291-158-0065. An inmate approaching release shall not be allowed to initiate a withdrawal request within seven days of the scheduled release.

(6) Any monetary transaction made on behalf of one inmate for the benefit of another is prohibited.

(a) Transfer of funds from one inmate’s trust account to another inmate’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.

(b) Funds received by the Department for an inmate that become the subject of an investigation by Central Trust or the Department’s Special Investigations Unit may be held by the Department in the inmate’s miscellaneous reserve account pending the outcome of the investigation.

(7) Any funds held in an inmate trust account that remain unclaimed two years after the inmate’s release from custody of the Department of Corrections or death shall be reported to the Division of State Lands for proper disposition.

(8) Any stale dated checks processed from trust funds that are two years old shall be reported to the Division of State Lands for proper disposition.

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Former sections (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; DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08; DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0025

Designated Funds

(1) An inmate may receive and expend funds designated for a specific purpose only as authorized by the functional unit manager or designee. No designated funds may be received or expended by an inmate unless the sender provides a verifiable name and address.

(2) The functional unit manager or designee may authorize an inmate’s receipt and expenditure of designated funds for optical, medical or dental services, or emergency trips, irrespective of whether the inmate’s trust account is indebted.

(3) The functional unit manager or designee may authorize an inmate’s receipt and expenditure of designated funds for other approved purposes only if the inmate’s trust account is not indebted.

(4) If an inmate has unused designated funds in excess of $10, the funds shall be returned to the sender. Unused designated funds in an amount of $10 or less shall be applied first to the inmate’s indebtedness, if any, and then credited to the inmate’s trust account.

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(7); DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0035

Interest Accruals

Interest on all inmate accounts which accrues from investments made by the State Treasurer will be credited monthly to each inmate’s trust account.

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(8); DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0045

Authorized Receipts

(1) The Department of Corrections will accept and process authorized money items received by Central Trust only in the form prescribed by and in accordance with the provisions of these rules, OAR 291-158-0005 to 291-158-0075.

(a) Authorized money items must be made payable to the Department of Corrections, and must include the name and SID number of the inmate, and the name and current address of the sender, on the face of the remittance.

(b) Only one inmate trust account may be credited per remittance. Authorized money items should be mailed directly to the Department of Corrections, Central Trust, PO Box 14400, Salem, OR 97309-5077. Any remittance mailed to the Department must contain the sender’s name and current residence address on the envelope.

(c) The Department’s Central Trust Office will provide an inmate with a receipt for authorized money items received and credited to the inmate’s trust account. Central Trust will retain a copy of the original remittance in accordance with the State Archivist retention schedule.

(d) The Department of Corrections may require that a photo ID be submitted along with any remittance. Photo ID maybe photocopied to be used for documentation purposes.

(2) Monies received in the form of a cashier’s check, money order, or other remittance received in accordance with these rules may be credited to the inmate’s account.

(3) Monies received in the form of federal or state government checks, insurance claim, or other checks or remittance in settlement of a legal action shall be processed in the same manner as a cashier check or money order.

(a) Checks requiring the inmate’s endorsement will be sent to the appropriate functional unit to obtain the inmate’s endorsement, and once obtained will be returned to Central Trust for processing.

(b) Checks made payable jointly to the inmate and a second party will be returned to the sender.

(4) No Cash or Personal Checks Permitted: Monies received in the form of cash and personal checks shall not be credited to an inmate’s trust account.

(a) Cash received in the mail shall be confiscated and deposited to the Inmate Welfare Fund. Notice of the confiscation shall be provided to the sender. A copy of the notice shall be provided to the intended inmate recipient. If the cash was concealed, the method of concealment will be documented. If, after an administrative review of the confiscation, it is determined that the sender did not conceal the cash, the money shall be returned to the sender. Only the sender may request an administrative review.

(b) Cash confiscated via the disciplinary process will be deposited in the Inmate Welfare Fund, unless otherwise directed by the hearings officer.

(c) Personal checks shall be returned to the sender with the envelope and its contents along with a Mail Violation Notice and explanation for the return of the items. A photocopy of all the items shall be retained by Central Trust for at least six months.

(5) Unidentifiable Funds:

(a) Any remittance that is intended to be credited to an inmate’s trust account that lacks sufficient information for the Department of Corrections to identify the inmate or to return the remittance to the sender will be placed and held by the Department in a special account for unidentifiable funds for up to two years.

(b) Any unclaimed funds which have been held by the Department for two years shall be turned over to the Division of State Lands for disposition.

(6) Restitution:

(a) An inmate may be required to pay restitution to the Department of Corrections or to an individual or other third party for damages incurred as a result of the inmate’s misconduct in accordance with the Department’s rule of Prohibited Inmate Conduct (OAR 291-105).

(b) Restitution payments may be ordered paid from the inmate's trust account, or from any other inmate's trust account over which the Department has exercised control pending a decision regarding disposition of confiscated funds.

(7) Central Trust Processing of Non-Money Items:

(a) Non-money items (e.g., correspondence, notes, photographs, etc.) intended for an inmate must be mailed directly to the inmate at the Department of Corrections facility where the inmate is incarcerated in accordance with the Department’s rule on Mail (Inmate) (OAR 291-131).

(b) Non-money items received by Central Trust, except those received from a government agency, will not be forwarded to the inmate, and will be discarded unless the item(s) has an obvious and apparent monetary (as opposed to sentimental) value, in which case the item(s) will be returned to the sender together with a Mail Violation Notice (CD 618a).

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(9); DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0055

Authorized Expenditures

(1) Authorized Purchases, Payments and Disbursements: An inmate may authorize the Department’s Central Trust to withdraw funds from his/her trust account for authorized purchases or payments.

(a) Inmates desiring to make authorized purchases or payments must submit a completed Request for Withdrawal of Funds form (CD28) for each transaction. The Request for Withdrawal must include the inmate’s signature and the signature of an authorized staff member as approved by the functional unit manager on the Signature Authorization form (CD 1465).

(b) The Department, in its sole discretion, may require that inmates first accumulate sufficient funds in their trust account to cover the entire cost of a requested purchase or payment before authorizing the transaction.

(2) Purchases:

(a) Inmates may use their trust account funds to purchase authorized personal necessities, commissary items, photocopies, postage, Board of Parole and Post Prison Supervision materials, and such other items as authorized for inmate purchase by the Department of Corrections.

(b) Requests to purchase materials from the Board of Parole and Post Prison Supervision must be sent directly to the Board prior to submitting a completed withdrawal request, to determine if the materials are available and may be disclosed.

(3) Payments:

(a) Support Payments, Court Orders, and Judgments: Inmates may use their trust account funds to make payments for child, spouse or family support (whether court ordered or self-elected), and to satisfy court orders and judgments (e.g., restitution orders, garnishment orders, judgments for filing fees and courts costs).

(b) Self-Elected Programs, Services and Assistance: Inmates may use their trust account funds to make payments for self-elected programs, services, assistance and Private Sector Prison Industries Program, as authorized by the Department (e.g., education programs, inmate hair salon services, etc.).

(c) Disbursement of Excess Funds: Inmates who are not indebted to the Department of Corrections, may request Central Trust to disburse a portion of their trust account funds in excess of their personal needs, and that of their dependents, to a third party (other than a Department of Corrections inmate or family member of another Department of Corrections inmate) for legitimate and verifiable purposes. Requests must be directed in writing to the facility functional unit manager or designee for approval.

(4) Processing of Withdrawal Requests: Each inmate expenditure from the individual trust account will require the inmate to submit a completed withdrawal request (CD 28). The inmate must sign the withdrawal request form in the presence of Department staff before sending the form to the functional unit manager or designee for approval.

(5) Only a withdrawal request with the authorized employee signature will be recorded on the inmate trust account. If funds are not available to cover the withdrawal request, the form will be returned to the inmate marked with an explanation.

(a) If the Department requires that an inmate first accumulate sufficient funds before authorizing a requested purchase or payment, and the inmate lacks sufficient funds, the withdrawal request form will be returned to the inmate, together with a brief statement on the form explaining the reason(s) for its return.

(b) Transactions will be recorded on the inmate’s monthly trust account statement by referencing only the withdrawal request, and transaction date.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(10); DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08; DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0065

Indebted Funds

(1) An inmate who is indebted to the Department of Corrections for whatever reason shall be permitted to spend on commissary during the calendar month one half of the first $60 (up to $30) of funds that have been received and posted for that inmate during the calendar month.

(a) The remainder of the funds received by the inmate during the calendar month shall be applied to the inmate’s debt until such indebtedness is satisfied, in accordance with the procedures provided in these rules.

(b) Any unused funds remaining in an inmate’s trust account at the end of the last business day of the calendar month shall be applied to the inmate’s indebtedness. Any changes to this scheduled date will be communicated by Central Trust.

(2) Each calendar month, Central Trust shall notify each affected inmate through the monthly statement that the Department has applied some or all of the funds received in the prior calendar month to the inmate’s indebtedness. The notice shall advise the inmate that he or she may obtain an administrative review of the proposed collection of debt as indicated in section (3) below.

(3) Administrative Review:

(a) An inmate who has received a notice of proposed collection of debt from the Central Trust Unit may obtain an administrative review by writing to the Central Trust Unit on an Inmate Communication form (CD 214). The request must state the specific reason(s) why the inmate believes an error(s) had occurred in the proposed collection of debt. Requests for administrative review must be received by the Central Trust Unit no later than 30 days after the date of the notice to be valid.

(b) If an inmate submits a timely request for administrative review of the Department’s proposed collection of debt, the Central Trust technician shall examine the relevant records maintained by the Department to determine whether the proposed collection of debt is proper. After review of the relevant records, the Central Trust Manager or designee will issue the final decision in writing to either allow or disallow, in whole or in part, the proposed collection of debt within 30 days after receipt of the request for administrative review. A copy of the final decision letter shall be provided to the requesting inmate.

(4) Annual Holiday Period: During one annual holiday period, the Assistant Director of Operations or Institution Administrator may allow a standard increase in the amount of funds an inmate may spend from their trust account designated for the purchase of gifts or other approved items. The standard increase and holiday period will be the same for all functional units and will be exempt from collection for an inmate’s Department of Corrections debt. Any unused funds remaining to an inmate’s trust account at the end of the designated period will be applied to the inmate’s indebtedness.

[ED. NOTE: Forms referenced are available from the agency]

Stat. Auth.: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(11); DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

291-158-0075

Receipting, Securing, and Transferring Funds

(1) All receipting, securing, and transferring of inmate funds will be processed in accordance with the provision of the Department of Corrections policy on Receipting, Securing, and Depositing Funds, #30.1.3.

(2) Uniform accounting procedures will be required for all Departments of Corrections employees handling funds.

(3) All money received will be receipted and photocopied, with the photocopy of the remittance retained according to the State Archivists retention schedule.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(12); DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08

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