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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 260

OFFENDER WELFARE AND TRUST ACCOUNTS

416-260-0010

Purpose

(1) These rules describe how OYA establishes and maintains Offender Welfare Accounts and trust accounts for offenders in its custody.

(2) Definitions:

(a) “Offender Welfare Account” means a general account established by OYA dedicated to provide monies to benefit the close custody offender population and enhance offender activities and programs.

(b) "Care" means services provided to meet the needs of a youth offender, i.e. food, shelter, clothing, medical care, schooling, protection, supervision, etc.

(c) "Financial accounting" means a detailed accounting of money spent by OYA for care of an offender and the amount of trust money, by funding source, reimbursed to OYA for these items.

(d) "Maintenance account" means a sub-section of an offender’s trust account used to account for funds that may be used to pay for the offender’s cost of care.

(e) “Offender” means a person in the legal and physical custody of OYA either in an OYA close custody facility or placed in the community under supervision, or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close custody facility.

(f) "Special account" means a sub-section of an offender’s trust account used to account for funds received for an offender for purposes other than paying for the offender’s cost of care.

(g) "Termination of custody" means relinquishment of OYA custody as a result of a court order, the offender’s age, or transfer to a supervising authority other than OYA.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & 420A.032, & 420A.035
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01; OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11

416-260-0015

Offender Welfare Accounts

(1) OYA has established Offender Welfare Accounts for each OYA close custody facility to provide funds to benefit the close custody offender population and enhance offender activities and programs.

(2) Revenue from offender work programs, donations made to OYA for the benefit of all close custody facility offenders, and fundraisers benefiting close custody offender programs will be deposited into an Offender Welfare Account.

(3) OYA may use monies in Offender Welfare Accounts to fund a variety of programs, services and activities benefiting the close custody offender population and enhancing offender close custody facility activities and programs. Specific uses of the funds may include, but are not limited to, operations, support or enhancement of the following programs, services and activities:

(a) Recreational activities;

(b) Incentive awards;

(c) Holiday events, decorations, and gifts;

(d) Entertainment equipment and supplies;

(e) Repair of equipment purchased from an Offender Welfare Account; and

(f) Offender work or vocational program startup costs, equipment, attire, and safety supplies.

Stat. Auth.: ORS 420A.030, 420A.014 & 420A.100
Stats. Implemented: ORS 420A.030, 420A.014 & 420A.100
Hist.: OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11

416-260-0020

Establishing Youth Offender Trust Accounts

A trust account shall be established for a youth offender when placed in OYA's custody. This account shall include both a maintenance and a special account in which all revenue received on a youth offender's behalf shall be recorded.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & ORS 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01

416-260-0030

Sources and Uses of Maintenance Account Money

(1) All money received for the purpose of caring for a youth offender in OYA's custody, and interest earned thereon, shall be deposited into the youth offender's maintenance account. The maintenance account shall include sub accounts to separately track money and interest earned by source as follows:

(a) Social Security;

(b) Supplemental Security Income (SSI);

(c) Supplemental Security Income Dedicated (SSI Dedicated);

(d) Court-ordered support;

(e) Other sources.

(2) Money available in a youth offender's maintenance account shall be applied against costs OYA expended for care of that youth offender.

(3) Youth offenders in OYA custody and placed in an unpaid placement may have monthly needs met from certain money available in their maintenance account. OYA shall determine prior to forwarding money that a financial need exists. The maximum amount to be forwarded varies by source. For example:

(a) Benefits such as Social Security, Veteran's, and Railroad Retirement shall not exceed the month's benefit;

(b) SSI benefits shall be returned to the Social Security Administration (SSA);

(c) Voluntary support is limited only by financial need;

(d) Court-ordered support may not be used for this purpose.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & ORS 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01

416-260-0040

Sources and Uses of Special Account Money

(1)(a) Money received for a youth offender for purposes other than paying for that youth offender's cost of care shall be deposited into the youth's special account. Sources of money include the youth offender's earnings, restricted money gifts, restricted inheritances, money brought with the youth when entering OYA's custody, interest earned on special account money, etc.

(b) All money not specifically designated for a purpose other than the youth offender's cost of care will be considered available for care of the youth offender and shall be deposited in the youth offender's maintenance account.

(2) Special accounts are used to pay obligations incurred by youth offenders.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & ORS 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01

416-260-0050

Financial Accounting

Financial accountings shall be completed as required for legal proceedings, audits, etc. In addition, financial accountings shall be completed when a maintenance account balance exists and the youth offender's custody from OYA has been terminated.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & ORS 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01

416-260-0060

Clearing a Trust Account Upon Termination of Custody

(1)(a) When OYA's custody of a youth offender is terminated, funds available in the trust accounts shall be disbursed and accounts "zeroed out" based on a closing financial accounting.

(b) Maintenance account money shall be used to reimbursed OYA expenditures in the following priority:

(A) Court-ordered support;

(B) Social Security;

(C) Voluntary support;

(D) Veterans;

(E) SAIF;

(F) Civil service annuities;

(G) Military allotments;

(H) Railroad;

(I) Other;

(J) SSI.

(2)(a) Special account money shall be released to the youth offender or legal guardian no earlier than six weeks after leaving close custody, and at the parole officer's discretion if the youth remains in OYA custody.

(b) Accounts with balances less than $5 shall not be disbursed.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & ORS 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01

416-260-0070

Unclaimed Special Account Balances

(1) OYA shall identify special account balances which are unclaimed and abandoned two years from the date OYA's custody terminated, in accordance with the Uniform Disposition of Unclaimed Property Act.

(2) OYA shall diligently attempt to locate youth offenders who have special account balances of at least $100.

(a) At a minimum, a letter shall be sent to the youth offender's last known address stating there is a trust account balance with OYA and the youth offender has thirty (30) days from the date of the notice to claim the account.

(b) If the notice is returned because the youth offender moved leaving no forwarding address, or the 30 days elapses without a response, OYA shall forward the special account balance to the Division of State Lands in accordance with that agency's administrative rules.

(3) Special accounts with balances less than $100 shall be forwarded to the Division of State Lands in accordance with that agency's administrative rules.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & ORS 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01

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