Or. Admin. Code § 291-203-0020 - Definitions
(1) Assets: The
total value of an inmate's (subject to the provisions of ORS 179.640(5)) equity
in real and personal property of whatever kind or nature. Assets include, but
are not limited to, the inmate's stocks, bonds, cash, accounts receivable,
moneys due, or any other interests, whether they are self-managed, or held by
the individual's authorized representative, or by any other individual or
entity on behalf of the inmate. Assets held in trust are subject to laws
generally applicable to trusts.
(2)
Authorized Representative: An individual or entity appointed under authority of
ORS Chapter 125, as guardian or conservator of an inmate, who has the ability
to control the inmate's finances, and any other individual or entity holding
funds or receiving benefits or income on behalf of the inmate.
(3) Cash Assets/Liquid Reserves: Cash and
cash equivalents, accounts receivable, temporary investments such as CDs or
Treasury Bills, money market accounts, and bonds that can be cashed at any
time.
(4) Charges: The amount the
Department has determined that the inmate is required to pay toward the cost of
care.
(5) Cost of Care: All
services including medical care, room, board, administrative costs and other
costs not otherwise excluded by law.
(6) Custody of the Department: The court
ordered sentence of an inmate to the Department of Corrections to imprison in a
Department operated correctional facility or contracted housing through a
county, other state, or other jurisdiction.
(7) Dependents: The individuals for whom an
inmate has a legal duty to support.
(8) Distraint Warrant: A warrant or document
issued by the Department directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and personal property
which is subject to satisfaction of the recoupment lien.
(9) Fair Market Value: The cash price a
capable and diligent individual could obtain in a reasonable amount of time for
an asset.
(10) Income: All funds
received by an inmate, or for an inmate by an authorized representative from
any source, whether earned or unearned, after making applicable deductions for
state and federal income taxes. Income includes benefits from life insurance,
income protection insurance, or any other form of award to the inmate except as
prohibited by ORS 179.620(5)(a).
(11) Inmate: Any person under the supervision
of the Department of Corrections who is not on parole, probation, or
post-prison supervision status.
(12) Personal Estate: All assets including
cash, liquid reserves, stocks, bonds, accounts receivable, moneys due, or any
other interests, whether they are self-managed, or held by the individual's
authorized representative. Personal estate also includes benefits from income
protection insurance, governmental retirement or disability insurance, such as
Social Security, Veterans, state, federal, and railroad retirement benefits and
benefits from life insurance or any other form of award except as prohibited in
ORS 179.620(5)(a) and (5)(b).
(13)
Primary Automobile: The automobile, if the person has more than one, which the
person would choose to keep if required to sell all but one. If the person has
only one, it is the primary personal automobile.
(14) Primary Person Residence: The home the
inmate owns, or is purchasing, and in which the inmate lived prior to entering
the custody of the Department, or in which the inmate will live after leaving
the custody of the Department.
(15)
Recoupment Liens: A charge or security or encumbrance upon real or personal
property that can be used to satisfy the amount due for the inmate's cost of
care.
(16) Support for Dependents:
The cash necessary to meet the reasonable needs of the dependents, less the
amount the dependent receives from any other source. Support for dependents
excludes administratively or judicially ordered child and/or spousal
support.
Notes
Statutory/Other Authority: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
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