Or. Admin. R. 309-102-0130 - [Effective until 4/5/2024] Handling of Patients' Journalist Mail, Legal Mail, Official Mail, Mail And Packages
(1) When a patient
receives an authorized package, OSH may open and search it for contraband,
including but not limited to prohibited items, even if there is no reasonable
cause to believe that it may contain such an item. Authorized packages may be
opened outside of the patient's presence.
(2) Unauthorized packages will not be
accepted by OSH . OSH may return the package to sender, conduct a search of the
package for safety or security reasons, request that it be accepted by law
enforcement or dispose of it in the presence of two OSH staff members. OSH
shall document the action taken.
(3) OSH may open and search patient mail
other than legal, journalist, and official mail, outside the patient's
presence, even where there is no reasonable cause to believe that it may
contain contraband.
(4) OSH may
open and search legal, journalist and official mail, with reasonable cause to
believe that it may contain contraband, including but not limited to prohibited
items, where such search shall occur in the patient's presence.
(5) OSH may scan any incoming and outgoing
sealed mail, journalist, legal and official mail, or packages with non-invasive
technology (e.g., metal detector, x-ray).
(6) After searching a patient 's mail,
journalist, legal or official mail or package under this rule and no contraband
or prohibited item is found inside, OSH may give any unrestricted items to the
patient.
(7) After searching a
patient 's mail, journalist, legal or official mail, or package under this rule
and a prohibited item is found inside, then OSH may:
(a) Store the item as excess personal
property ;
(c) Dispose of any prohibited items that may
pose a safety or security risk. Disposal shall be documented and shall be
witnessed by two OSH staff members; and/or
(d) Give the patient any unrestricted
item.
(8) After searching
a patient 's mail, journalist, legal or official mail, or package under this
rule and controlled substances, drug paraphernalia, or weapons are found
inside, then OSH shall:
(a) Create a chain of
custody and hold the mail , journalist, legal or official mail , or package mail
from a protection and advocacy group under ORS
192.517 or package in a secure
area;
(b) Contact law enforcement
and turn over the controlled substances, drug paraphernalia, or weapons if law
enforcement is willing to accept the item(s), and document the action
taken;
(c) If law enforcement
declines to investigate further or accept the controlled substances, drug
paraphernalia, or weapons, then dispose of the controlled substances, drug
paraphernalia, or weapons in the presence of at least two OSH staff and
document the action taken.
(d) If
law enforcement declines to investigate further or accept the rest of the
contents of the mail , journalist, legal or official mail , or package mail give
the patient any unrestricted items, and dispose of any prohibited item as set
out in paragraph (7) of this rule.
(9) After searching a patient 's mail,
journalist, legal or official mail, or package under this rule and drugs not
prescribed to the patient , drugs not prescribed or authorized by OSH , or
unauthorized currency are found inside, OSH shall:
(a) Follow the process in section (7) of this
rule, if OSH does not have good faith belief that the drugs not prescribed to
the patient, drugs not prescribed or authorized by OSH , or the unauthorized
currency are evidence of a crime or attempted crime; or
(b) Follow the process in section (8) of this
rule if OSH has a good faith belief that the drugs not prescribed to the
patient, drugs not prescribed or authorized by OSH , or the unauthorized
currency are evidence of a crime or attempted crime.
(10) OSH shall inform the patient of any
incoming or outgoing mail, journalist, legal or official mail, or package found
to contain contraband (including prohibited items) was opened unless OSH has a
good faith belief that the notification may:
(a) Increase the risk to the safety or
security of OSH ; or
(b) Impact an
ongoing criminal investigation or proceeding.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 179.360 & 426.385
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