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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 119

INVENTIONS, MANUSCRIPTS AND/OR COMPOSITIONS (INMATE) 

291-119-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 147.275, 179.040, 421.095, 423.020, 423.030 and 423.075.

(2) Purpose: To support and encourage inmate efforts to patent, copyright, publish, exhibit and sell products which are constructive and contribute positively to the quality of life. Other efforts by the inmate which involve profit from criminal activity will neither be supported nor encouraged.

(3) Policy: In accordance with ORS 421.095, the Department of Corrections shall facilitate, if requested to do so, and in no way inhibit, if assistance is not requested, an inmate's efforts to patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or composition(s) or any rights thereto. An inmate's activities toward the development of an invention, manuscript, and/or composition will be controlled by other Department of Corrections rules or procedures governing the security and control of a Department of Corrections facility. No employee of the Department of Corrections may profit or benefit in any way from the development and/or the patenting, copyrighting, publishing, exhibiting, sale, or other disposition of an inmate's invention(s), manuscript(s), and/or composition(s).

Stat. Auth.: ORS 147.275, ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 147.275, ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 38-1978, f. & ef. 12-12-78; CD 21-1981(Temp), f. & ef. 6-30-81; CD 59-1981, f. & ef. 12-21-81; CD 54-1985, f. & ef. 8-16-85; CD 15-1987, f. & ef. 2-6-87; CD 32-1993, f. 12-16-93, cert. ef. 1-3-94

291-119-0010

Definitions

"Inmate": Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

Stat. Auth.: ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 147.275, ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 38-1978, f. & ef. 12-12-78; CD 21-1981(Temp), f. & ef. 6-30-81; CD 59-1981, f. & ef. 12-21-81; CD 54-1985, f. & ef. 8-16-85; CD 15-1987, f. & ef. 2-6-87; CD 32-1993, f. 12-16-93, cert. ef. 1-3-94

Procedures

291-119-0015

Resources

(1) Any inmate may patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or documents, providing the material utilized in its production is the property of the inmate.

(2) Equipment, supplies, and other resources that are the property of the State of Oregon cannot be utilized in the production of items offered for sale or other disposition by the inmate, except as may be authorized by other Department of Corrections rule and/or procedure.

(3) Before attempting to patent, copyright, publish, exhibit, sell, or otherwise dispose of an invention, manuscript, or composition, an inmate shall obtain a written statement from the functional unit manager or designee, that the item(s) to be so used or disposed of is, to the best knowledge and belief of the manager, the property of the inmate, and not of another person within the facility.

Stat. Auth.: ORS 179, ORS 421, & ORS 423
Stats. Implemented: ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 38-1978, f. & ef. 12-12-78; CD 54-1985, f. & ef. 8-16-85; CD 15-1987, f. & ef. 2-6-87

291-119-0020

Staff Assistance

(1) Assistance from staff in a facility may be provided by the functional unit manager if the inmate requests.

(2) Such assistance may include, but is not limited to:

(a) The establishment of appropriate lines of communication with persons or agencies who may be of assistance to the inmate;

(b) Attempting, when requested, to direct the inmate to such resource persons as he/she may require for specialized information; and/or

(c) Arranging such meetings and workspace as may be required to facilitate these efforts, in accordance with such rules and procedures of the Department of Corrections as may apply.

(3) All direct costs incurred through these efforts will be paid by the inmate involved.

(4) Inmates are not required to seek assistance from the staff in patenting, copyrighting, publishing, exhibiting, selling, or otherwise disposing of inventions, manuscripts, and/or compositions; however, the inmate must have prior approval from the responsible functional unit manager for all such items to be developed within the facility.

(5) If staff assistance is not requested, no effort shall be made by any Department of Corrections employee to inhibit or hinder the inmate in legitimate efforts to patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or composition(s).

Stat. Auth.: ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 38-1978, f. & ef. 12-12-78; CD 54-1985, f. & ef. 8-16-85; CD 15-1987, f. & ef. 2-6-87; CD 32-1993, f. 12-16-93, cert. ef. 1-3-94

291-119-0025

Proceeds from Invention(s), Manuscript(s), and/or Composition(s)

All proceeds received by the facility in which the inmate is confined from the sale, exhibition, or other disposition of patents, copyrights, inventions, manuscripts, and/or compositions will be deposited in the inmate's trust account in accordance with the law and the Department of Corrections rule on Trust Accounts (Inmate).

Stat. Auth.: ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 38-1978, f. & ef. 12-12-78; CD 54-1985, f. & ef. 8-16-85; CD 32-1993, f. 12-16-93, cert. ef. 1-3-94

291-119-0027

Escrow Accounts

(1) Whenever any person or other legal entity contracts with a representative or assignee of an inmate for the payment of money in return for the right to reenact a crime or to describe the individual's thoughts, opinions or emotions regarding the crime in a motion picture, book, magazine, article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind, the person or legal entity shall promptly submit a copy of the contract to the Department of Justice and pay to the Department any monies which would otherwise, under the terms of the contract, be paid to the accused or convicted individual, the person found guilty except for insanity or the representative or assignee of the individual in accordance with provisions of ORS 147.275.

(2) The Department of Justice in accordance with ORS 147.275 shall deposit monies received in an escrow account established for the benefit of the victims or dependents of the victims of the crime for which the individual whose earnings are placed in escrow account is convicted or found guilty except for insanity. Monies in the escrow account shall be paid to satisfy judgments as provided in ORS 147.275 or restitution orders under ORS 137.103 to 137.109.

Stat. Auth.: ORS 147.275, ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 147.275, ORS 179.040, ORS 421.095, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 15-1987, f. & ef. 2-6-87; CD 32-1993, f. 12-16-93, cert. ef. 1-3-94

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