Or. Admin. Code § 291-203-0040 - Ability to Pay Order
(1) An
inmate and the personal estate of an inmate, or a decedent's estate, is liable
for the full cost of care as established in ORS 179.701. The Department may
collect charges in advance for inmates with determinate sentences.
(2) The Department shall make a determination
of the inmate's ability to pay which is set forth in the Ability to Pay Order.
The two types of Ability to Pay Orders are: determination of charges and a
modification of charges. Each order shall be given one of these titles to
identify the type of determination it sets forth, based on the factors and
criteria described in the following sections.
(3) The inmate's ability to pay will be
investigated and an Ability to Pay Order may be issued when the Department is
aware of an inmate or the inmate's representative with cash assets or liquid
reserves in excess of the current biennial cost of care or $55,000 whichever is
greater. This Ability to Pay threshold is applicable only to the determination
of who will be reviewed for an Ability to Pay Order. (ORS
179.640(1)(b).
(4) The
determination of the ability to pay may be assessed at intake or any time
during the inmate's sentence, based on notification by sources the Department
considers reliable. These sources include, but are not limited to, the District
Attorney's Office, the Social Security and Veterans Administration, Oregon
Department of Revenue, State of Oregon agencies, or any other sources the
Department deems credible.
(5) When
determining an inmate's ability to pay, in addition to other relevant factors,
the Department will consider the inmate's personal estate, the inmate's need
for funds for personal support after release, and the availability of
third-party benefits such as, but not limited to, Medicare or private
insurance.
Notes
Stat. Auth.: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030, 423.075
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