OAR 291-203-0040: Ability to Pay Order

(1) An adult in custody and the personal estate of an adult in custody, 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 adults in custody. (2) The Department may make a determination of the adult in custody’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 adult in custody’s ability to pay will be investigated and an Ability to Pay Order may be issued when the Department is aware of an adult in custody or the adult in custody’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 adult in custody’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 adult in custody’s ability to pay, in addition to other relevant factors, the Department will consider the adult in custody’s personal estate, the adult in custody’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.