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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

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