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The Oregon Administrative Rules contain OARs filed through August 15, 2015
 
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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 an offender (i.e., food, shelter, clothing, medical care, schooling, protection, supervision).

(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; OYA 2-2015, f. & cert. ef. 2-19-15

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; OYA 2-2015, f. & cert. ef. 2-19-15

416-260-0020

Establishing Offender Trust Accounts

OYA must establish a trust account for an offender when placed in OYA's legal or physical custody. This account must include both a maintenance and a special account in which all revenue received on an offender's behalf must be recorded.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01; OYA 2-2015, f. & cert. ef. 2-19-15

416-260-0030

Sources and Uses of Maintenance Account Money

(1) OYA must deposit all money received for the purpose of caring for an offender in OYA's legal or physical custody, and interest earned thereon, into the offender's maintenance account. The maintenance account must include subaccounts 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; and

(e) Other sources.

(2) OYA must apply money available in an offender's maintenance account against costs OYA expended for care of that offender.

(3) Offenders in OYA custody and placed in an unpaid placement may have monthly needs met from certain money available in their maintenance accounts. OYA must 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 must not exceed the month's benefit;

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

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

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

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01; OYA 2-2015, f. & cert. ef. 2-19-15

416-260-0040

Sources and Uses of Special Account Money

(1)(a) OYA must deposit money received for an offender for purposes other than paying for that offender's cost of care into the offender's special account. Sources of money include the offender's earnings, restricted money gifts, restricted inheritances, money brought with the offender when entering OYA's physical or legal custody, interest earned on special account money, etc.

(b) OYA must consider all money not specifically designated for a purpose other than the offender's cost of care available for care of that offender and must deposit it in the offender's maintenance account.

(2) OYA must use special accounts to pay obligations incurred by offenders.

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 2-2015, f. & cert. ef. 2-19-15

416-260-0050

Financial Accounting

OYA must complete financial accountings as required for legal proceedings, audits, and when a maintenance account balance exists and the offender's OYA custody has been terminated.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.030 & 420A.032
Hist.: OYA 5-2001, f. & cert. ef. 4-20-01; OYA 2-2015, f. & cert. ef. 2-19-15

416-260-0060

Clearing a Trust Account Upon Termination of Custody

(1)(a) When OYA's custody of an offender is terminated, funds available in the offender’s trust accounts must be disbursed and accounts closed.

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

(A) Court-ordered support;

(B) Social Security;

(C) Voluntary support;

(D) Veteran’s benefits;

(E) Workers' compensation insurance (SAIF);

(F) Civil service annuities;

(G) Military allotments;

(H) Railroad retirement;

(I) Other; and

(J) Supplemental Security Income (SSI).

(2)(a)OYA must release special account money to the offender or legal guardian no earlier than six weeks after the offender leaves close-custody, and at the juvenile parole/probation officer's discretion if the offender remains in OYA legal custody.

(b) OYA may not disburse accounts with balances less than $5.

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 2-2015, f. & cert. ef. 2-19-15

416-260-0070

Unclaimed Special Account Balances

(1) OYA must 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 must diligently attempt to locate offenders who have special account balances of at least $100.

(a) OYA must, at a minimum, send a letter to the offender's last known address stating there is a trust account balance with OYA and the offender has 30 days from the date of the notice to claim the account.

(b) If the notice is returned because the offender moved without a forwarding address, or the 30 days elapses without a response, OYA must forward the special account balance to the Division of State Lands in accordance with that agency's administrative rules.

(3) OYA must forward special accounts with balances less than $100 to the Division of State Lands in accordance with that agency's administrative rules.

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 2-2015, f. & cert. ef. 2-19-15

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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