Inmate Rights in Oregon

Oregon's prison rights landscape in 2026 is defined by two developments that make it distinctive in this series. First, Oregon officially changed its terminology from 'inmate' to 'adults in custody' (AIC) through rulemaking effective January 13, 2025. Second, a class action lawsuit was filed in June 2026 in Marion County Circuit Court challenging Oregon's solitary confinement practices as unconstitutional under Article 1, Section 13 of the Oregon Constitution, which says that 'No person arrested, or confined in jail, shall be treated with unnecessary rigor.' That lawsuit followed a $2.3 million wrongful death settlement in January 2026 after a 22 year old man died by suicide while in solitary confinement at Oregon State Correctional Institution.

The Oregon Department of Corrections oversees approximately 14 facilities. The department uses the term 'adults in custody' for people in its care following the terminology change under DOC 27 2024. Oregon has a Corrections Ombudsman, an independent oversight office; letters from the Corrections Ombudsman to any adult in custody must be immediately delivered, unopened, per rule effective January 13, 2025. Oregon does not permit people serving felony sentences in prison to vote.

This guide covers rights inside Oregon state prisons and county jails across ten domains, grounded in ODOC policy, Oregon Administrative Rules, and the current legal landscape.

Here is the short version, before we take each right apart.

Medical and mental health care are constitutionally required; Disability Rights Oregon serves as a key resource. Mail is governed by DOC 27 2024 (effective January 13, 2025); letters from the Corrections Ombudsman must be immediately delivered unopened; sexually explicit photos are prohibited. Phone calls use ICS Solutions; video visits use The Visitor system (ICS MOBILE app on Android and iOS) available offsite. Visitation under OAR 291 127 0400 is permitted as an integral component of facility management when it furthers correctional planning; it is neither a right nor a privilege; offsite video is fee based. Grievances must be exhausted before federal court; Oregon does not permit pursuing state and federal claims simultaneously. Disciplinary hearings carry due process protections. A class action lawsuit filed June 2026 challenges solitary confinement as unconstitutional under the Oregon Constitution; as of May 2026, 561 adults in custody were in Disciplinary Segregation Units. PREA protections apply. Religious practice is protected under the First Amendment and RLUIPA. ADA accommodations are required. Voting rights are not available to people incarcerated for felonies; rights are restored upon release.

Medical and mental health care

Every adult in custody in an Oregon state prison has a constitutional right to adequate medical and mental health care under the Eighth Amendment. Disability Rights Oregon (DRO) is a key resource for Oregon state prison disability and health care concerns; DRO provides specific guidance for adults in custody and can receive direct contact through the inmate phone system. If you have concerns about ODOC's behavioral health (mental health and addiction) treatment services, DRO recommends contacting the behavioral health unit directly.

Oregon's solitary confinement practices have been linked to mental health crises and in custody deaths. ODOC settled a $2.3 million wrongful death lawsuit in January 2026 after a 22 year old man, Grayson James Allen Painter, died by suicide while in solitary confinement at Oregon State Correctional Institution. If your loved one is not receiving needed medical or mental health care, submit every request in writing with a date, keep copies, and file a formal grievance through ODOC. Contact Disability Rights Oregon for systemic medical care concerns.

Mail: DOC 27 2024 and the Corrections Ombudsman

Mail in Oregon state prisons is governed by OAR Chapter 291 Division 113 and was most recently amended under DOC 27 2024, filed December 20, 2024, effective January 13, 2025. Under that rule, letters from the Corrections Ombudsman to any adult in custody shall be immediately delivered, unopened. This provides a protected mail channel for oversight communications.

Prohibited mail under DOC 27 2024 includes sexually explicit material that by its nature or content poses a threat or is detrimental to the security, good order, or discipline of the facility. This includes individual photographs in which the subject is nude or exposes genitalia, the pubic area, anus, or female areola. Legal mail, meaning correspondence with courts and licensed attorneys, retains constitutional protections and must be opened only in the adult in custody's presence to check for contraband and cannot be read. InmateAid can help families confirm current mail procedures for the specific ODOC facility.

Phone and video visits

Phone calls from Oregon state prisons use the ICS Solutions platform. Calls are monitored and recorded except for calls to attorneys. Phone rates are subject to the FCC's prison telephone rate caps, expanded in 2024 to cover all facilities regardless of size. To receive calls, family and friends must validate their phone number through ICS Solutions at icsolutions.com. Callers may also block their phone number from receiving calls from a specific facility by pressing the option provided during an incoming call, or by calling customer service at 888 506 8407 to remove a block.

Oregon DOC offers The Visitor video visitation system for offsite visits, operated by ICS Solutions. Family and friends can schedule and conduct video calls from a Windows computer, an Android device using The Visitor app (ICS MOBILE from Google Play), or an iOS device (ICS MOBILE from the Apple Store). Offsite video visits are fee based and cost varies by facility. A phone number must be validated at icscorrections.com before scheduling a Video Interactive Phone (VIP) call. Video Interactive Phone calls can also be scheduled through icsolutions.com by selecting 'Register for Visitation.'

Visitation under OAR 291 127 0400

Oregon's visitation rules are codified at OAR 291 127 0400. Under Oregon policy, visiting is an integral component of facility management, adult in custody habilitation, and community safety. ODOC's policy is to permit, promote, facilitate, and encourage approved visitation by adults in custody with their families, friends, and others in ODOC facilities. Visiting can improve public safety, encourage responsible familial relationships, and reduce the risk of future criminal behavior.

However, Oregon's rules make an important legal point: when authorized, visitation in a Department of Corrections facility is permitted neither as a matter of right nor as a privilege of the adult in custody or their visitor. Rather, visitation is permitted by the department when it furthers the adult in custody's correctional planning and the department's correctional goals and mission, and is consistent with the safe, secure, and orderly management and operation of the facility. If a visit is denied or a visitor is removed from an approved list, file a grievance through ODOC. County jails in Oregon operate under their own local authority with separate visiting rules.

The grievance process and the litigation election

ODOC maintains an internal grievance process for adults in custody. Grievances must be filed and exhausted through the internal ODOC process before filing a federal civil rights lawsuit under the Prison Litigation Reform Act. Oregon has a critical rule not found in most other states in this series: ODOC does not allow an adult in custody to pursue both state tort claims and federal claims at the same time. The decision about whether to pursue a state or federal claim is complex and requires advice from an attorney. The Oregon State Bar can provide names of attorneys who work on prisoner issues.

File every grievance in writing, keep copies of all written documents including kites and grievances, and document every response and every failure to respond within required timeframes. Disability Rights Oregon recommends requesting in writing that ODOC preserve all records and evidence related to any concern. Contact Disability Rights Oregon or the Oregon Justice Resource Center for systemic concerns.

Disciplinary hearings

When an adult in custody in Oregon state custody is accused of a disciplinary infraction, they are entitled to the minimum due process protections from Wolff v. McDonnell: advance written notice of the charge, a hearing, and a written statement of the evidence and reasons for any sanction. ODOC policy governs the disciplinary process.

A disciplinary conviction can affect classification, housing assignment, program eligibility, visiting access, and parole consideration. Body scanners were authorized for use in ODOC facilities under a Temporary Administrative Order effective January 23, 2026. Searches of adults in custody and visitors are governed by OAR Division 041 rules. Document what happened at any disciplinary hearing, who was present, and what evidence was considered. If the hearing result appears to violate procedural requirements, file a grievance through the ODOC process.

Solitary confinement: 2026 class action lawsuit

Solitary confinement in Oregon state prisons is the subject of a class action lawsuit filed in Marion County Circuit Court in June 2026 by the Oregon Justice Resource Center and Prison Law Office. The lawsuit alleges that ODOC's practices violate Article 1, Section 13 of the Oregon Constitution, which provides that 'No person arrested, or confined in jail, shall be treated with unnecessary rigor.' Oregon holds adults in custody in windowless cells smaller than a parking space for 23 to 24 hours per day. They are generally forbidden from going outside and rarely see sunlight, according to the complaint.

Oregon's solitary confinement system uses several forms: Disciplinary Segregation Units, Administrative Segregation (used for safety purposes including during misconduct investigations), and Intensive Management Units (which last at least five months). Data published by ODOC shows a recent upward trend: as of May 1, 2026, 561 adults in custody were held in Disciplinary Segregation Units, near the highest point over the prior two years. Oregon Senate Bill 1008 (2019) prohibited solitary confinement for people under 18. Coffee Creek Correctional Facility Superintendent Charlotte Thrasher testified before Governor Tina Kotek's Racial Justice Council in 2026 that 'the use of segregation isn't an effective tool to change behavior' and that she supported efforts to reduce its use. If your loved one is in solitary confinement, document conditions including access to natural light, time outside the cell, and mental health services. File a grievance through ODOC and contact the Oregon Justice Resource Center or Disability Rights Oregon.

PREA and protection from sexual abuse

The Prison Rape Elimination Act applies in all ODOC facilities and in Oregon county jails. Every adult in custody has the right to be free from sexual abuse and sexual harassment by staff and by other incarcerated people. ODOC must maintain PREA policies, train staff, provide a reporting mechanism, and protect people who report from retaliation.

Reports of sexual abuse or harassment can be made to facility staff, the PREA coordinator, or through external reporting options. Retaliation against someone who reports is a PREA violation and the basis of a separate complaint. Document every incident, every report made, and any change in housing or treatment that follows a report. Contact Disability Rights Oregon for systemic PREA compliance concerns.

Religious practice

Adults in custody in Oregon state prisons have the right to religious practice under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act. ODOC must accommodate sincere religious beliefs and practices unless it can demonstrate a compelling security interest that cannot be addressed through less restrictive means. Religious programming and chaplaincy services are available in ODOC facilities.

Requests for specific religious accommodations, including dietary adjustments and access to religious items, go through a formal request process at the facility. A denial must rest on a genuine documented security concern. Denials can be challenged through the ODOC grievance process and, if unresolved, in federal court under RLUIPA. Document the specific accommodation requested, the reason given for any denial, and every step taken.

ADA and disability accommodations

Adults in custody in Oregon state prisons are protected by the Americans with Disabilities Act. ODOC cannot exclude a person from programs, services, or benefits due to their disability. ODOC must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and other disabilities. Disability Rights Oregon (DRO) is the state's designated protection and advocacy organization for people with disabilities and provides specific guidance for adults in ODOC custody. DRO can be reached directly from the inmate phone system.

Requests for disability accommodations should be submitted in writing to the facility. A denial or failure to respond can be challenged through the ODOC grievance process and, if unresolved, in federal court. Contact Disability Rights Oregon for systemic disability access concerns at ODOC facilities. Document every accommodation requested and every response received.

Voting rights: not available while incarcerated for a felony

Oregon does not allow people serving felony sentences in state prison to vote. Voting rights are restored automatically upon release from prison. Oregon is among the states where voting rights are restored upon release from incarceration, meaning people on parole or probation in Oregon may vote once released from custody.

Advocacy groups and the Oregon Secretary of State's office have supported legislation to extend voting rights to people currently incarcerated for felonies; a 2023 bill with that goal failed to pass. Voting rights in Oregon disproportionately affect Black Oregonians: approximately 8.7 percent of adults in ODOC custody are Black, compared to 2.3 percent of the state's population. Upon release, people who had their voting rights suspended should ensure they are registered to vote. Oregon's election system automatically registers eligible Oregon residents to vote through the Motor Voter program, but people leaving prison should confirm their registration status with their county elections office.

The Corrections Ombudsman and advocacy resources

Oregon has a Corrections Ombudsman, an independent oversight office that investigates concerns from adults in ODOC custody. Under DOC 27 2024 (effective January 13, 2025), letters from the Corrections Ombudsman to an adult in custody must be immediately delivered, unopened. This protected mail channel is an important tool for bypassing internal processes when those processes are not working.

Additional resources include Disability Rights Oregon (DRO), which provides comprehensive guidance on ODOC rights including kite and grievance filing, evidence preservation requests, and both state and federal litigation options; and the Oregon Justice Resource Center, which filed the 2026 class action solitary confinement lawsuit and represents adults in ODOC custody on systemic issues. The Oregon State Bar can provide names of attorneys who work on prisoner issues. Contact InmateAid for practical guidance on facility specific processes for families.

The bottom line for Oregon

Oregon's prison rights landscape is defined by the AIC terminology shift (effective January 13, 2025), the Corrections Ombudsman protected mail channel, a class action lawsuit filed June 2026 challenging solitary confinement under the Oregon Constitution with 561 adults in Disciplinary Segregation Units as of May 2026, and voting rights restored automatically upon release from prison.

The rights in this guide are real: adequate medical care under the Eighth Amendment with Disability Rights Oregon as a key resource, mail governed by DOC 27 2024 with the Corrections Ombudsman's letters delivered immediately unopened and sexually explicit photos prohibited, ICS Solutions phone with Video Interactive Phone calls and offsite video via The Visitor on Android and iOS, visitation under OAR 291 127 0400 encouraged as integral to facility management but permitted neither as a right nor privilege, a grievance process that must be exhausted before federal court with Oregon's unique litigation election rule barring simultaneous state and federal claims, due process in disciplinary hearings with body scanner searches authorized January 2026, solitary confinement challenged in active June 2026 class action, PREA protections, religious accommodation, ADA access with Disability Rights Oregon as the state's protection and advocacy organization, and voting rights restored upon release from prison. Document everything, file every grievance, contact Disability Rights Oregon and the Oregon Justice Resource Center for systemic concerns, and stay in contact through InmateAid.