2007 Oregon Code - Chapter 421 :: Chapter 421 - Department of Corrections Institutions - Compacts
Chapter 421 —
Department of Corrections Institutions; Compacts
2007 EDITION
CORRECTIONS INSTITUTIONS; COMPACTS
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
GENERAL PROVISIONS
421.005Â Â Â Â Definitions
ADMINISTRATION
421.068Â Â Â Â Revenue
from certain sources to be used to enhance inmate activities and programs
421.073Â Â Â Â Housing
of Inmates from Other Jurisdictions Account
421.081Â Â Â Â Correctional
education system
421.084Â Â Â Â Adult
basic skills development program; contents
INMATE RIGHTS
421.085Â Â Â Â Experimentation
on inmates prohibited; inmateÂ’s right to judicial restraint of violation;
action for damages
CUSTODY OF INMATES
421.105Â Â Â Â Enforcement
of rules; violence and injury to inmates prohibited
421.120Â Â Â Â Reduction
in term of sentence of inmates; rules
421.121Â Â Â Â Reduction
in term of incarceration; rules
421.122Â Â Â Â Status
of time enrolled in work release
421.125Â Â Â Â Clothing
and money for released inmate; inmate moneys; rules
421.137Â Â Â Â Labeling
of goods made in hobby and recreation programs; disposition of sale price
421.142Â Â Â Â Manufacture
and sale of handiwork; disposition of sale price
421.145Â Â Â Â Disposition
of moneys earned by inmates
421.147Â Â Â Â Disposition
of unclaimed or abandoned tangible property of inmates; rules
421.150Â Â Â Â Custody
of federal prisoners
421.155Â Â Â Â Dangerous
offenders to be observed and treated
421.160Â Â Â Â Written
report concerning conduct of dangerous offenders
421.166Â Â Â Â Emergency
leave; rules
421.168Â Â Â Â Transitional
leave; rules
421.170Â Â Â Â Enrollment
of inmate in work release program
INMATE DISCIPLINE
421.180Â Â Â Â Disciplinary
procedures; rules
421.185Â Â Â Â Assistance
and representation in disciplinary procedures
421.190Â Â Â Â Admissible
evidence at disciplinary hearing
421.194Â Â Â Â Disciplinary
orders not subject to judicial review
TRANSFER OF INMATES
421.205Â Â Â Â Contracts
with federal government, other states or counties, or other agencies for
detention and care of inmates
421.210Â Â Â Â Transfer
of inmates to contract institutions; term of confinement
421.213Â Â Â Â Records
of transfer; availability of information; rules
421.215Â Â Â Â Procurement
of transferred inmates when required for judicial proceedings
421.220Â Â Â Â Return
of transferred inmates
421.225Â Â Â Â Expenses
of superintendents
421.229Â Â Â Â Transfer
of foreign inmates; authority of Governor; written approval of inmate
INTERSTATE CORRECTIONS COMPACT
421.245Â Â Â Â Interstate
Corrections Compact
421.250Â Â Â Â Powers
of Governor; delegation of authority
421.254Â Â Â Â Priority
of corrections compacts
WESTERN INTERSTATE CORRECTIONS COMPACT
421.282Â Â Â Â Definitions
for ORS 421.282 to 421.294
421.284Â Â Â Â Western
Interstate Corrections Compact
421.286Â Â Â Â Commitments
or transfers of inmates to institution in another state
421.288Â Â Â Â Enforcing
and administering compact
421.290Â Â Â Â Hearings
by director
421.292Â Â Â Â Hearings
in another state
421.294Â Â Â Â Contracts
to implement compact
421.296Â Â Â Â
421.297Â Â Â Â Powers
of Governor; delegation of authority
421.298Â Â Â Â Duties
of State Forester
INMATE INDUSTRIES AND COMMODITIES
421.305Â Â Â Â Establishment
of industries in institutions; authority of Oregon Corrections Enterprises;
rules; fees
421.312Â Â Â Â Contracts
with federal government for producing goods or furnishing services of inmates
during national emergency authorized
421.340Â Â Â Â Rules
for exchange of products among institutions
421.344Â Â Â Â Creation
of Oregon Corrections Enterprises as semi-independent agency; administrator
421.347Â Â Â Â Advisory
council; membership; duties
421.349Â Â Â Â Advisory
committee; duties
421.352Â Â Â Â Applicability
of certain statutes to Oregon Corrections Enterprises
421.354Â Â Â Â Authority
of
421.357Â Â Â Â Limitation
on amount agency may charge Oregon Corrections Enterprises; costs of audits
421.359Â Â Â Â Disposition
of income and revenues
421.362Â Â Â Â Continuation
of employment of certain Department of Corrections employees; alternative
retirement programs
421.364Â Â Â Â Provision
of legal services to Oregon Corrections Enterprises
421.367Â Â Â Â Report
to Governor and Legislative Assembly
INMATE LABOR GENERALLY
421.405Â Â Â Â Use
of inmate labor for benefit of officials prohibited; exceptions
421.412Â Â Â Â Use
of inmate labor in acquisition of crops to be consumed in state institutions
421.420Â Â Â Â Use
of inmate labor to clear unimproved land
PRISON WORK PROGRAMS
421.437Â Â Â Â Inmate
compensation; rules
421.438Â Â Â Â Authority
to enter into contracts concerning certain operations and programs
421.442Â Â Â Â Creation
of accounts and subaccounts relating to prison work and on-the-job training
programs
421.444Â Â Â Â Intellectual
property; acquisition and development
421.445Â Â Â Â Supervision
of inmates in Oregon Corrections Enterprises program; agreements
421.450Â Â Â Â Definitions
for ORS 421.455 to 421.480
421.455Â Â Â Â
421.465Â Â Â Â Transfer
of state inmates to forest work camp; limitations and conditions
421.467Â Â Â Â Transfer
of local inmates to forest work camp; limitations and conditions
421.468Â Â Â Â Prior
approval required for transfer of local inmate; return; custody and
jurisdiction
421.470Â Â Â Â Authority
over inmates in camps; cost of care
421.476Â Â Â Â Compensation
of inmates for labor at forest camps; rules
421.480Â Â Â Â Return
of inmate to institution
421.490Â Â Â Â Work
camps
ALTERNATIVE INCARCERATION PROGRAM
421.500Â Â Â Â Findings
421.502Â Â Â Â Definitions
for ORS 421.502 to 421.512
421.504Â Â Â Â Special
alternative incarceration program; requirements
421.506Â Â Â Â Intensive
alternative incarceration addiction program; requirements
421.508Â Â Â Â Determination
of eligibility for program; denial; suspension; completion
421.510Â Â Â Â Eligibility
for transitional leave
421.512Â Â Â Â Rulemaking
MEDICAL TREATMENT PROGRAMS
421.590Â Â Â Â Medical
treatment programs; sex offenders; establishment; rules
STATE PENITENTIARY
421.605Â Â Â Â Location
and use of penitentiary
421.609Â Â Â Â New
correctional facilities; authorization; limitation on
CORRECTIONS FACILITIES SITING
(Generally)
421.611Â Â Â Â Findings
421.612Â Â Â Â Definitions
421.614Â Â Â Â Corrections
facilities; determining location
421.616Â Â Â Â When
department required to nominate sites for corrections facilities; criteria for
nominations; report required
421.618Â Â Â Â Meetings
to discuss site selections
421.621Â Â Â Â Corrections
Facilities Siting Authority; membership; duties
421.623Â Â Â Â Hearings
in region where nominated site located; ranking sites; findings
421.626Â Â Â Â Notification
to Governor; approval or disapproval of sites
421.628Â Â Â Â Effect
of decision of Corrections Facilities Siting Authority; public services
necessary for constructing and operating facility
421.630Â Â Â Â Judicial
review
(WomenÂ’s Facility and
421.635Â Â Â Â Definitions
for ORS 421.635 to 421.657
421.637Â Â Â Â When
department required to propose site; criteria; report; media notice
421.639Â Â Â Â Exclusion
of
421.641Â Â Â Â Hearings
in region where proposed site located; report
421.643Â Â Â Â Notice
to Governor regarding proposed site
421.645Â Â Â Â Issuing
permits necessary for construction and operation of facility; rules
421.647Â Â Â Â Review
of decision relating to permits
421.649Â Â Â Â Provision
of public services
421.651Â Â Â Â Prison
Advisory Committee; duties
421.653Â Â Â Â Judicial
review
421.655Â Â Â Â Proceedings
for review; consolidation; priority
421.657Â Â Â Â Condemnation
of property
BRANCH INSTITUTIONS
421.805Â Â Â Â Siting
of branch institutions
PENALTIES
421.990Â Â Â Â Penalties
GENERAL PROVISIONS
     421.005
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Department” means the Department of
Corrections.
     (2) “Department of Corrections
institutions” means those Department of Corrections facilities used for the
incarceration of persons sentenced to the custody of the Department of
Corrections, and includes the satellites, camps or branches of those
facilities.
     (3) “Director” means the Director of the
Department of Corrections.
     (4) “Discharge” means any lawful release
from a state correctional institution pursuant to the expiration of a judicial
sentence or other incarcerative sanction.
     (5) “Release authority” means an entity
having authority to grant release in a particular case. [Amended by 1959 c.687 §6;
1965 c.616 §47; 1969 c.502 §8; 1971 c.212 §1; 1983 c.505 §7; 1987 c.320 §7;
1989 c.790 §55]
     421.010 [Renumbered 421.605]
     421.012 [Formerly 421.086; repealed by 1969 c.502 §27]
     421.015 [Amended by 1953 c.476 §5; repealed by 1965
c.616 §48 (421.016 enacted in lieu of 421.015)]
     421.016 [1965 c.616 §49 (enacted in lieu of
421.015); 1969 c.502 §1; 1971 c.212 §2; repealed by 1987 c.320 §246]
     421.020 [Amended by 1953 c.476 §5; repealed by 1965
c.616 §101]
     421.025 [Amended by 1953 c.476 §5; repealed by 1959
c.80 §2]
     421.030 [Renumbered 421.615]
     421.035 [Amended by 1955 c.660 §28; repealed by 1963
c.554 §3]
     421.055 [Amended by 1965 c.616 §50; 1987 c.320 §160;
repealed by 1997 c.851 §17]
     421.060 [Amended by 1959 c.687 §7; repealed by 1995
c.384 §28]
     421.065 [Amended by 1959 c.687 §8; 1965 c.616 §51;
1975 c.631 §2; 1987 c.320 §161; 1993 c.18 §106; repealed by 1995 c.384 §28]
ADMINISTRATION
     421.068
Revenue from certain sources to be used to enhance inmate activities and
programs. (1) Revenues, less
operating expenses, from the following sources shall be deposited into an
account established by the Department of Corrections to provide money to
enhance inmate activities and programs including education programs:
     (a) Operation of correctional institution
canteens;
     (b) Operation of the vending machines in
the inmate visiting area of correctional institutions;
     (c) Operation of inmate telephones in
correctional institutions;
     (d) Funds confiscated from the inmates
under existing disciplinary procedures; and
     (e) Funds donated under administrative
rules promulgated by the Director of the Department of Corrections.
     (2) The Department of Corrections shall
limit use of the fund to uses benefiting the general inmate population and
enhancing inmate activities and programs including education programs. [1991
c.663 §1]
     Note: 421.068 and 421.081 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
421 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.070 [Amended by 1959 c.687 §9; repealed by 1965
c.616 §101]
     421.073
Housing of Inmates from Other Jurisdictions Account. The Housing of Inmates from Other
Jurisdictions Account is created within the General Fund. Moneys credited to
the account are continuously appropriated to the Department of Corrections for
costs of incarceration. The Department of Corrections shall deposit all moneys
received by the department as reimbursement under ORS 169.053 (3) into the
account. [1996 c.1 §2]
     Note: 421.073 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 421 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
     421.075 [Amended by 1955 c.389 §1; 1959 c.687 §10;
1965 c.616 §52; 1969 c.597 §132; repealed by 1983 c.574 §5]
     421.077 [1975 c.443 §1; repealed by 1979 c.204 §1]
     421.080 [1955 c.660 §1; renumbered 421.705]
     421.081
Correctional education system.
(1) The Administrator of Correctional Education shall plan, design and
implement a correctional education system that can be operated within the
existing correctional institutions for inmates of those institutions.
     (2)(a) The primary objective of the
correctional education system is the adult basic skills development program
described in ORS 421.084.
     (b) The secondary objective is to provide
professional and technical education that will ensure that inmates who complete
the professional and technical program will possess, at a minimum, entry-level
marketable professional and technical skills in an occupational field for which
there is a demand in this state. [1991 c.855 §2; 2007 c.15 §2]
     Note: See note under 421.068.
     421.082 [1975 c.443 §2; 1987 c.320 §162; 1989 c.363 §1;
repealed by 1991 c.855 §6]
     421.083 [1955 c.660 §2; renumbered 421.710]
     421.084
Adult basic skills development program; contents. (1) The Administrator of Correctional
Education shall administer an adult basic skills development program for all
individuals in the custody of the Department of Corrections. The program shall:
     (a) Test individuals for basic reading and
mathematics skills or, for individuals with limited English language
proficiency, English speaking skills. Testing for basic intelligence, learning
disabilities, developmental disabilities and adaptive behavior skills shall be
administered as needed except that the administrator may accept equivalent test
results from other sources.
     (b) Except as provided in subsection (2)
of this section, be mandatory for all individuals testing below a 8.0 grade
equivalency on a standardized reading test approved by the National Reporting
System for Adult Education of the United States Department of Education and by
the Adult Basic Skills Program of the Department of Community Colleges and
Workforce Development.
     (c) Provide progress testing and
certification.
     (d) Provide strong incentives for entering
the program and for achieving the minimum reading level and, for those
individuals with demonstrated ability, provide incentives for making progress
toward earning a General Educational Development (GED) certificate.
     (e) Maintain records of an individual’s
achievement in the program and make those records available to the State Board
of Parole and Post-Prison Supervision.
     (2) Testing for basic skills and
participation in the adult basic skills development program are not required
for inmates:
     (a) Sentenced to or otherwise confined by
the department for less than one year;
     (b) Sentenced to life imprisonment without
parole;
     (c) Sentenced to death;
     (d) With developmental disabilities; or
     (e) Who are specifically exempted by the
Department of Corrections for security or health reasons. [1989 c.363 §3; 1991
c.855 §4; 2007 c.15 §3; 2007 c.70 §202; 2007 c.71 §114a]
INMATE RIGHTS
     421.085
Experimentation on inmates prohibited; inmateÂ’s right to judicial restraint of
violation; action for damages.
(1) As used in this section:
     (a) “Medical experimentation or research”
includes, but is not limited to, the testing and use of drugs and medication,
medical and surgical procedures, exposure to substances or conditions or
physical manipulation to ascertain their nontherapeutic effect on human beings,
and any substance, condition, drug, medication, treatment, or procedure that is
not generally recognized and accepted as therapeutic in the medical profession.
     (b) “Psychiatric or psychological
experimentation or research” includes, but is not limited to, any treatment,
therapy, drug, medication, procedure, surgery, or device not generally
recognized and accepted as therapeutic in the psychiatric and psychological
professions.
     (2) There shall be no medical,
psychiatric, or psychological experimentation or research with inmates in
Department of Corrections institutions of the State of
     (3) Notwithstanding ORS 137.260, an inmate
in any Department of Corrections institution is entitled to maintain an action
to restrain any violation of this section or to maintain an action to recover
damages caused by a violation of this section. [1973 c.371 §2; 1987 c.320 §163]
     421.086 [1955 c.660 §11; renumbered 421.012]
     421.095 [1973 c.210 §2; 1987 c.320 §164; repealed by
1997 c.851 §17]
CUSTODY OF
INMATES
     421.105
Enforcement of rules; violence and injury to inmates prohibited. (1) The superintendent may enforce obedience
to the rules for the government of the inmates in the institution under the
supervision of the superintendent by appropriate punishment but neither the
superintendent nor any other prison official or employee may strike or inflict
physical violence except in self-defense, or inflict any cruel or unusual
punishment.
     (2) The person of an inmate sentenced to
imprisonment in the Department of Corrections institution is under the
protection of the law and the inmate shall not be injured except as authorized
by law. [Amended by 1953 c.476 §5; 1969 c.502 §9; 1987 c.158 §75; 1987 c.320 §165]
     421.110 [Amended by 1955 c.532 §1; subsection (3) of
1959 Replacement Part enacted as 1955 c.485 §2; 1961 c.412 §2; renumbered
137.240]
     421.112 [1955 c.660 §10; 1961 c.412 §3; renumbered 137.250]
     421.115 [Repealed by 1955 c.532 §3]
     421.120
Reduction in term of sentence of inmates; rules. (1) As used in this section, “prison
employment” includes actual work in prison industry, meritorious work in
connection with prison maintenance and operation, actual work in agriculture
and actual work at work camp.
     (2) Each inmate confined in execution of
the judgment of sentence upon any conviction in the Department of Corrections
institution, for any term other than life, and whose record of conduct shows
that the inmate faithfully has observed the rules of the institution, shall be
entitled to a deduction from the term of sentence to be computed as follows:
     (a) From the term of a sentence of not
less than six months nor more than one year, one day shall be deducted for
every six days of the sentence actually served in the Department of Corrections
institution.
     (b) From the term of a sentence of more
than one year, one day shall be deducted for every two days of the sentence
actually served in the Department of Corrections institution.
     (c) From the term of any sentence, one day
shall be deducted for every 15 days of work actually performed in prison
industry, or in meritorious work in connection with prison maintenance and
operation, or of enrollment in an educational activity as certified by the
educational director of the institution during the first year of prison
employment or educational activity, and one day shall be deducted for every
seven days of such work actually performed or educational activity certified
after the first year to and including the fifth year of prison employment or
educational activity certified, and one day for every six days of the work
actually performed or educational activity certified after the fifth year of
prison employment.
     (d) From the term of any sentence, one day
shall be deducted for every 10 days of work actually performed in agriculture
during the first year of prison employment, and one day for every six days of
the work actually performed thereafter.
     (e) From the term of any sentence, one day
shall be deducted for every six daysÂ’ work performed at work camp during the
first year of prison employment, and one day for every four days thereafter.
Once the four-day rate is achieved, it may be applied to subsequent work or
education release programs while the inmate is serving the same term.
     (3) The deductions allowed in subsection
(2)(c), (d) and (e) of this section shall be in addition to those allowed in
subsection (2)(a) and (b) of this section.
     (4) The Department of Corrections shall
develop pursuant to the rulemaking provisions of ORS chapter 183 a uniform
procedure for granting, retracting and restoring deductions allowed in
subsection (2) of this section.
     (5) When a paroled inmate violates any
condition of parole, no deduction from the term of sentence, as provided in
subsection (2) of this section, shall be made for service by the inmate in the
Department of Corrections institution prior to acceptance and release on
parole, except when authorized by the State Board of Parole and Post-Prison
Supervision upon recommendation of the superintendent thereof.
     (6) The provisions of this section shall
apply only to offenders sentenced for felonies committed prior to November 1,
1989. [Amended by 1953 c.560 §2; 1955 c.505 §1; 1957 c.686 §1; 1969 c.502 §10;
1973 c.562 §1; 1975 c.264 §1; 1977 c.374 §2; 1981 c.425 §2; 1985 c.53 §1; 1987
c.320 §166; 1989 c.790 §56; 2003 c.14 §231]
     421.121
Reduction in term of incarceration; rules. (1) Except as provided in ORS 137.635, each inmate sentenced to the
custody of the Department of Corrections for felonies committed on or after
November 1, 1989, is eligible for a reduction in the term of incarceration for
appropriate institutional behavior, as defined by rule of the Department of
Corrections, and for participation in the adult basic skills development
program described in ORS 421.084.
     (2) The maximum amount of time credits
earned for appropriate institutional behavior or for participation in the adult
basic skills development program described in ORS 421.084 may not exceed 20
percent of the total term of incarceration in a Department of Corrections
institution.
     (3) The time credits may not be used to
shorten the term of actual prison confinement to less than six months.
     (4) The department shall adopt rules
pursuant to the rulemaking provisions of ORS chapter 183 to establish a process
for granting, retracting and restoring the time credits earned by the offender
as allowed in subsections (1) to (3) of this section. [1989 c.790 §§60,61; 1991
c.855 §5; 2007 c.15 §5]
     421.122
Status of time enrolled in work release. For purposes of ORS 421.120, the time that a person is enrolled in
good standing in the work release program is considered to be part of the
sentence of the person actually served in the Department of Corrections
institution. Employment performed by an enrollee while so enrolled is
considered to be prison employment and shall qualify for the reduction in
sentence authorized under ORS 421.120 (2)(d) in addition to any other reduction
for which the enrollee may qualify. [1965 c.463 §15; 1969 c.361 §1; 1987 c.320 §167;
2003 c.14 §232]
     421.125
Clothing and money for released inmate; inmate moneys; rules. (1) Upon the discharge or parole of any
inmate from the Department of Corrections, the department shall see that such
discharged or paroled inmate is properly clothed.
     (2) It is the responsibility of every
inmate of the Department of Corrections, during the inmateÂ’s term of
imprisonment, to accumulate funds in anticipation of parole, discharge or other
authorized prerelease and for the purposes set out in this subsection. The
Department of Corrections shall adopt rules to:
     (a) Safeguard inmate moneys, whether such
moneys are from earnings of the inmate while in a Department of Corrections
facility, or from other sources, and to provide for disbursement of such moneys
to the inmate following the inmateÂ’s release from imprisonment;
     (b) Establish, within appropriations
provided for this purpose, a program of release funds to be provided for those
inmates who have not been able to accumulate sufficient moneys to accommodate
their release needs;
     (c) Assess fees to the inmate for
self-improvement programs, services and assistance provided by the department
when the inmate has moneys to pay for such programs, services and assistance;
     (d) Permit inmates to purchase elective
programs, services or assistance which are approved by, but are not provided
by, the department; and
     (e) Assess the inmate for damages or
destruction caused by willful misconduct of the inmate.
     (3) An inmate sentenced to the custody of
the Department of Corrections by an
     421.130 [Repealed by 1959 c.687 §24]
     421.135 [Renumbered 421.625]
     421.137
Labeling of goods made in hobby and recreation programs; disposition of sale
price. (1) The requirements
imposed by this chapter on the labeling and sale of goods, wares and
merchandise made by inmates in any Department of Corrections institution do not
apply to any goods, wares or merchandise made as part of any hobby or
recreation program at the institutions or made by an inmate on the inmateÂ’s own
time.
     (2) The balance of any proceeds from the
sale of any goods, wares or merchandise made by an inmate made as part of a
hobby or recreation program or on the inmateÂ’s own time, after deducting any
amount that has been distributed to the inmate as spending money in accordance
with rules made by the Director of the Department of Corrections, shall be paid
to the inmate upon release. [1971 c.275 §2; 1987 c.320 §169]
     421.140 [Renumbered 421.408]
     421.142
Manufacture and sale of handiwork; disposition of sale price. (1) The superintendent of the Department of
Corrections institution hereby is vested with authority, in the discretion of the
superintendent, to allow the manufacture of small articles of handiwork by the
inmates of the Department of Corrections institution, out of raw materials
purchased by the inmates with their own funds, which articles may be sold to
the public at the Department of Corrections institution. State-owned property
shall not be sold or given to inmates under this section.
     (2) The superintendent of the Department
of Corrections institution in which the inmate manufacturing the article is
confined may provide that all or a part of the sales price of the articles be
deposited to the account of the inmate manufacturing the article. [1953 c.537 §1;
1969 c.502 §12; 1987 c.320 §170]
     421.145
Disposition of moneys earned by inmates. No moneys obtained from the sale of the products of any inmateÂ’s labor
shall be applied toward the maintenance of the inmate or the support of the
dependents of the inmate, or shall become a part of the betterment fund of the
Department of Corrections institution, until all the cost of operation,
maintenance, depreciation and other expenses in connection with the plant of
the Department of Corrections institution industry in which the inmate is
employed are fully paid from the fund arising from the sale of such products. [Amended
by 1959 c.687 §11; 1987 c.320 §171]
     421.147
Disposition of unclaimed or abandoned tangible property of inmates; rules. Notwithstanding ORS 98.302 to 98.436, the
Department of Corrections shall determine and direct the disposition of the
unclaimed or abandoned tangible property of an inmate of a Department of
Corrections institution held by the department. The department shall adopt
rules to carry out the duties imposed by this section. [2005 c.184 §2]
     421.150
Custody of federal prisoners.
Whenever the proper authorities of the
     421.155
Dangerous offenders to be observed and treated. Any person sentenced under ORS 161.725 and
161.735, shall be given such physical, mental and psychiatric observation and
treatment as is available and may tend to rehabilitate such person and make
possible the earliest possible release from the Department of Corrections
institution in which such person is confined, with the least possible danger to
the health and safety of others. [Formerly 421.232; 1971 c.743 §364; 1987 c.320
§173]
     421.160
Written report concerning conduct of dangerous offenders. The executive officer of the Department of
Corrections institution in which a person sentenced under ORS 161.725 and
161.735 is confined, shall make the reports required by ORS 144.228 (2). All
such reports shall be made available to the Director of the Department of
Corrections. [Formerly 421.233; 1969 c.597 §133; 1971 c.743 §365; 1987 c.320 §174]
     421.165 [Formerly 421.239; 1963 c.269 §1; 1967 c.354
§2; 1969 c.502 §13; 1969 c.597 §134; 1980 c.9 §1; 1983 c.516 §1; 1987 c.320 §175;
1989 c.790 §57; 1989 c.1024 §1; repealed by 1989 c.790 §58]
     421.166
Emergency leave; rules. The
Director of the Department of Corrections shall establish by rule an emergency
leave program. An inmate may be granted emergency leave not to exceed 10 days
in length for the following purposes:
     (1) To visit a terminally ill member of
the inmateÂ’s family if the member lives within the state.
     (2) To visit a gravely ill or injured
child of the inmate if the child lives within the state.
     (3) To attend the funeral of a member of
the inmate’s immediate family if the funeral is in the state. [1989 c.790 §62]
     421.168
Transitional leave; rules.
(1) The Director of the Department of Corrections shall establish by rule a
short-term transitional leave program. The program shall provide inmates with
an opportunity to secure appropriate transitional support when necessary for
successful reintegration into the community prior to the inmateÂ’s discharge to
post-prison supervision.
     (2) An inmate may submit a transition plan
to the Department of Corrections. The plan shall indicate that the inmate has
secured an employment, educational or other transitional opportunity in the
community to which the offender will be released and that a leave of up to 30
days is an essential part of the offenderÂ’s successful reintegration into the
community.
     (3) Upon verification of the inmate’s
transition plan, the department may grant a transitional leave no more than 30
days prior to the inmateÂ’s discharge date.
     (4) No inmate shall be eligible for
transitional leave before having served six months of prison incarceration.
     (5) The department shall establish by rule
a set of release conditions for offenders released on transitional leave
status. An offender on transitional leave status shall be subject to immediate
return to prison for any violation of the conditions of release.
     (6) The provisions of this section do not
apply to inmates whose sentences were imposed under ORS 137.635. [1989 c.790 §63]
     421.170
Enrollment of inmate in work release program. The superintendent of the Department of Corrections institution in
which an inmate is confined may recommend to the Director of the Department of
Corrections that an inmate of the Department of Corrections institution be
enrolled in the work release program established under ORS 144.420. If the
inmate has not served at least one-fourth of the maximum term of the sentence,
the superintendent must, prior to making a recommendation, consider the
original recommendation, if any, of the sentencing court. [1965 c.463 §6; 1969
c.502 §14; 1987 c.320 §176]
INMATE
DISCIPLINE
     421.180
Disciplinary procedures; rules.
The Department of Corrections by rule shall adopt procedures to be utilized in
disciplining persons committed to the physical and legal custody of the
department. [1973 c.621 §4; 1983 c.211 §1; 1987 c.320 §177]
     421.185
Assistance and representation in disciplinary procedures. The procedures adopted pursuant to ORS
421.180 shall provide that an inmate shall be entitled to assistance and
representation under terms and conditions established by the Department of
Corrections. Nothing in this section shall be construed to limit the authority
of the department to designate persons eligible to assist and represent the
inmate. [1973 c.621 §5; 1987 c.320 §178]
     421.190
Admissible evidence at disciplinary hearing. Evidence may be received at disciplinary hearings even though
inadmissible under rules of evidence applicable to court procedure and the
department shall establish procedures to regulate and provide for the nature
and extent of the proofs and evidence and the method of taking and furnishing
the same in order to afford the inmate a reasonable opportunity for a fair
hearing. [1973 c.621 §6; 1987 c.320 §179]
     421.194
Disciplinary orders not subject to judicial review. (1) Disciplinary orders of the Department of
Corrections issued under procedures adopted pursuant to ORS 421.180 are not
subject to judicial review by any court of this state.
     (2) This section does not affect any right
that an inmate may have to prosecute a writ of habeas corpus. [1995 c.108 §2]
     421.195 [1973 c.621 §7; 1977 c.323 §1; 1977 c.374 §4;
1983 c.740 §144; 1987 c.320 §180; repealed by 1995 c.108 §5]
TRANSFER OF
INMATES
     421.205
Contracts with federal government, other states or counties, or other agencies
for detention and care of inmates. (1) The Department of Corrections may enter into contracts or
arrangements with the authorities of the federal government, of any state
having a reformatory or prison for the confinement and detention of inmates
that is not a party to the Interstate Corrections Compact under ORS 421.245 or
the Western Interstate Corrections Compact under ORS 421.284, or of any county
in this state. This contract may provide for the reception, detention, care,
maintenance and employment of persons convicted of felony in the courts of this
state and sentenced to a term of imprisonment therefor.
     (2) The Department of Corrections may
enter into contracts or arrangements with the federal government and with
states that are not parties to the Interstate Corrections Compact under ORS
421.245 or the Western Interstate Corrections Compact under ORS 421.284 to
receive, detain, care for, maintain and employ persons convicted of felony by
the federal government or in such other states, on such basis as it may agree
with the authorities of the federal government or of each state. [Amended by
1959 c.290 §9; 1971 c.242 §1; 1973 c.444 §1; 1979 c.486 §4; 1987 c.320 §181]
     421.210
Transfer of inmates to contract institutions; term of confinement. After the making of a contract under ORS
421.205, persons convicted of felony in the courts of this state and sentenced
to the legal and physical custody of the Department of Corrections, including
those who, at the date of entering into the contract, are in the legal and
physical custody of the Department of Corrections, may be conveyed, as provided
by law, by the Department of Corrections to the jurisdiction named in the
contract. They shall be delivered to the authorities of said jurisdiction,
there to be confined until their respective sentences have expired or until
they are otherwise discharged by law. [Amended by 1959 c.290 §10; 1969 c.502 §15;
1973 c.444 §2; 1987 c.320 §182]
     421.211 [1955 c.309 §2; 1959 c.290 §11; 1959 c.687 §12;
1969 c.502 §16; repealed by 1973 c.444 §3]
     421.213
Records of transfer; availability of information; rules. Whenever an inmate serving a sentence
imposed by a court of this state is transferred from a Department of
Corrections institution under this chapter, the superintendent of the
Department of Corrections institution in which the inmate was confined shall
retain a record of the transfer and shall make such information available to
law enforcement agencies and the courts upon request. The Department of
Corrections shall adopt rules governing the release of this information to
other interested parties under ORS 192.410 to 192.505. [1955 c.309 §7; 1959
c.687 §13; 1967 c.471 §5; 1969 c.502 §17; 1983 c.248 §1; 1987 c.320 §183]
     421.215
Procurement of transferred inmates when required for judicial proceedings. If the presence of any inmate confined in a
county jail or in the institution of another state or the federal government,
is required in any judicial proceeding of this state, the superintendent in
charge of the institution from which the inmate was conveyed, upon being so
directed by the Director of the Department of Corrections or upon the written
order or direction of any court of competent jurisdiction or of a judge
thereof, shall procure such inmate, bring the inmate to the place directed in
such order and hold the inmate in custody subject to the further order and
direction of the director, or of the court or of a judge thereof, until the
inmate is lawfully discharged from custody. The superintendent shall, by
direction of the director or of the court or a judge thereof, deliver such
inmate into the custody of the sheriff of the county in which the inmate was
convicted, and shall, by like order, return such inmate to the institution from
which the inmate was taken. [Amended by 1955 c.309 §3; 1959 c.687 §14; 1965
c.616 §53; 1969 c.502 §18; 1983 c.740 §145; 1987 c.320 §184]
     421.220
Return of transferred inmates.
Upon the expiration of any contract entered into under ORS 421.205, all inmates
of this state confined in such institution or jail shall be returned by the
Department of Corrections to department custody, or delivered to such other
institution as the Department of Corrections has contracted with under ORS
421.205. [Amended by 1955 c.309 §4; 1959 c.687 §15; 1965 c.616 §54; 1969 c.502 §19;
1983 c.740 §146; 1987 c.320 §185]
     421.225
Expenses of superintendents.
The superintendents shall be allowed and paid all their necessary expenses and
disbursements incurred while performing any duty required of them by ORS
421.205, 421.210, 421.215 and 421.220. [Amended by 1955 c.309 §5; 1959 c.687 §16;
1969 c.502 §20]
     421.229
Transfer of foreign inmates; authority of Governor; written approval of inmate. When a treaty is in effect between the
United States and a foreign country providing for the transfer of a convicted
criminal offender who is a citizen or national of a foreign country to the
foreign country of which the offender is a citizen or national, the Governor is
authorized to act, in accordance with the treaty, on behalf of the State of
Oregon and to approve the transfer of the convicted criminal offender, provided
that such offender approves of the transfer in writing. [1979 c.486 §5]
     Note: 421.229 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 421 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.230 [Amended by 1959 c.687 §17; renumbered
421.150]
     421.232 [1955 c.636 §4; 1961 c.424 §7; renumbered
421.155]
     421.233 [1955 c.636 §8; 1961 c.424 §8; renumbered
421.160]
     421.235 [Repealed by 1957 c.160 §6]
     421.237 [1955 c.254 §2; repealed by 1957 c.160 §6]
     421.239 [1955 c.59 §1; 1959 c.687 §18; renumbered
421.165]
     421.240 [Amended by 1953 c.111 §3; renumbered
421.270]
INTERSTATE
CORRECTIONS COMPACT
     421.245
Interstate Corrections Compact.
The Interstate Corrections Compact is enacted into law and entered into by this
state with all other jurisdictions legally joining therein in the form
substantially as follows:
______________________________________________________________________________
ARTICLE I
PURPOSE AND POLICY
     The party states, desiring by common
action to fully utilize and improve their institutional facilities and provide
adequate programs for the confinement, treatment and rehabilitation of various
types of offenders, declare that it is the policy of each of the party states
to provide such facilities and programs on a basis of cooperation with one
another, thereby serving the best interests of such offenders and of society
and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution
of such programs of cooperation for the confinement, treatment and
rehabilitation of offenders with the most economical use of human and material
resources.
ARTICLE II
DEFINITIONS
     As used in this compact, unless the
context clearly requires otherwise:
     (1) “State” means a state of the
     (2) “Sending state” means a state party to
this compact in which conviction or court commitment was had.
     (3) “Receiving state” means a state party
to this compact to which an inmate is sent for confinement other than a state
in which conviction or court commitment was had.
     (4) “Inmate” means a male or female
offender who is committed, under sentence to or confined in a penal or
correctional institution.
     (5) “Institution” means any penal or
correctional facility, including but not limited to a facility for the mentally
ill or mentally defective, in which inmates as defined in subsection (4) of
this Article may lawfully be confined.
ARTICLE III
CONTRACTS
     (1) Each party state may make one or more
contracts with any one or more of the other party states for the confinement of
inmates on behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:
     (a) Its duration.
     (b) Payments to be made to the receiving
state by the sending state for inmate maintenance, extraordinary medical and
dental expenses, and any participation in or receipt by inmates of
rehabilitative or correctional services, facilities, programs or treatment not
reasonably included as part of normal maintenance.
     (c) Participation in programs of inmate
employment, if any, the disposition or crediting of any payments received by
inmates on account thereof, and the crediting of proceeds from or disposal of
any products resulting therefrom.
     (d) Delivery and retaking of inmates.
     (e) Such other matters as may be necessary
and appropriate to fix the obligations, responsibilities and rights of the
sending and receiving states.
     (2) The terms and provisions of this
compact shall be a part of any contract entered into by the authority of or
pursuant thereto, and nothing in any such contract shall be inconsistent
therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
     (1) Whenever the duly constituted
authorities in a state party to this compact, and which has entered into a
contract pursuant to Article III, shall decide that confinement in, or transfer
of an inmate to, an institution within the territory of another party state is
necessary or desirable in order to provide adequate quarters and care or an
appropriate program of rehabilitation or treatment, said officials may direct
that the confinement be within an institution within the territory of said
other party state, the receiving state to act in that regard solely as agent
for the sending state.
     (2) The appropriate officials of any state
party to this compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine inmates for the
purpose of inspecting the facilities thereof and visiting such of its inmates
as may be confined in the institution.
     (3) Inmates confined in an institution
pursuant to the terms of this compact shall at all times be subject to the
jurisdiction of the sending state and may at any time be removed therefrom for
transfer to a prison or other institution within the sending state, for
transfer to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on probation or
parole, for discharge, or for any other purpose permitted by the laws of the
sending state; provided, that the sending state shall continue to be obligated
to such payments as may be required pursuant to the terms of any contract
entered into under the terms of Article III.
     (4) Each receiving state shall provide
regular reports to each sending state on the inmates of that sending state in
institutions pursuant to this compact including a conduct record of each inmate
and certify said record to the official designated by the sending state, in
order that each inmate may have official review of his or her record in
determining and altering the disposition of said inmate in accordance with the
law which may obtain in the sending state and in order that the same may be a
source of information for the sending state.
     (5) All inmates who may be confined in an
institution pursuant to the provisions of this compact shall be treated in a
reasonable and humane manner and shall be treated equally with such similar
inmates of the receiving state as may be confined in the same institution. The
fact of confinement in a receiving state shall not deprive any inmate so
confined of any legal rights which said inmate would have had if confined in an
appropriate institution of the sending state.
     (6) Any hearing or hearings to which an
inmate confined pursuant to this compact may be entitled by the laws of the sending
state may be had before the appropriate authorities of the sending state, or of
the receiving state if authorized by the sending state. The receiving state
shall provide adequate facilities for such hearings as may be conducted by the
appropriate officials of a sending state. In the event such hearing or hearings
are had before officials of the receiving state, the governing law shall be
that of the sending state and a record of the hearing or hearings as prescribed
by the sending state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted forthwith to the
official or officials before whom the hearing would have been had if it had
taken place in the sending state. In any and all proceedings had pursuant to
the provisions of this subsection, the officials of the receiving state shall
act solely as agents of the sending state and no final determination shall be
made in any matter except by the appropriate officials of the sending state.
     (7) Any inmate confined pursuant to this
compact shall be released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon release in some
other place. The sending state shall bear the cost of such return to its
territory.
     (8) Any inmate confined pursuant to the
terms of this compact shall have any and all rights to participate in and
derive any benefits or incur or be relieved of any obligations or have such
obligations modified or the status of the inmate changed on account of any
action or proceeding in which the inmate could have participated if confined in
any appropriate institution of the sending state located within such state.
     (9) The parent, guardian, trustee, or
other person or persons entitled under the laws of the sending state to act
for, advise, or otherwise function with respect to any inmate shall not be
deprived of or restricted in the exercise of any power in respect of any inmate
confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN
     (1) Any decision of the sending state in
respect of any matter over which it retains jurisdiction pursuant to this
compact shall be conclusive upon and not reviewable within the receiving state,
but if at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the inmate within
such state any criminal charge or if the inmate is formally accused of having
committed within such state a criminal offense, the inmate shall not be
returned without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officers of the sending state shall be permitted
to transport inmates pursuant to this compact through any and all states party
to this compact without interference.
     (2) An inmate who escapes from an
institution in which the inmate is confined pursuant to this compact shall be
deemed a fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a jurisdiction other than
the sending or receiving state, the responsibility for institution of
extradition or rendition proceedings shall be that of the sending state, but
nothing contained in this compact shall be construed to prevent or affect the
activities of officers and agencies of any jurisdiction directed toward the
apprehension and return of an escapee.
ARTICLE VI
FEDERAL AID
     Any state party to this compact may accept
federal aid for use in connection with any institution or program, the use of
which is or may be affected by this compact or any contract pursuant hereto and
any inmate in a receiving state pursuant to this compact may participate in any
such federally aided program or activity for which the sending and receiving
states have made contractual provision; provided, that if such program or
activity is not part of the customary correctional regimen the express consent
of the appropriate official of the sending state shall be required therefor.
ARTICLE VII
ENTRY INTO FORCE
     This compact shall enter into force and
become effective and binding upon the states so acting when it has been enacted
into law by any two states. Thereafter, this compact shall enter into force and
become effective and binding as to any other of said states upon similar action
by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
     This compact shall continue in force and
remain binding upon a party state until it shall have enacted a statute
repealing the same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all other party
states. An actual withdrawal shall not take effect until one year after the notices
provided in said statute have been sent. Such withdrawal shall not relieve the
withdrawing state from its obligations assumed hereunder prior to the effective
date of withdrawal. Before the effective date of withdrawal, a withdrawing
state shall remove to its territory, at its own expense, such inmates as it may
have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
     Nothing contained in this compact shall be
construed to abrogate or impair any agreement or other arrangement which a
party state may have with a nonparty state for the confinement, rehabilitation
or treatment of inmates nor to repeal any other laws of a party state
authorizing the making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
     The provisions of this compact shall be
liberally construed and shall be severable. If any phrase, clause, sentence or
provision of this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating therein,
the compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable matters.
______________________________________________________________________________
[1979 c.486 §1]
     Note: 421.245 to 421.254 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
421 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.250
Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or
incidental to the carrying out of the compact in every particular and the
Governor may in the discretion of the Governor delegate this authority to the
Director of the Department of Corrections. [1979 c.486 §2; 1987 c.320 §186]
     Note: See note under 421.245.
     421.254
Priority of corrections compacts. Whenever any state that is a party to the Western Interstate
Corrections Compact becomes a party to the Interstate Corrections Compact, this
state will perform its duty toward that state under the Interstate Corrections
Compact instead of under the Western Interstate Corrections Compact in so far
as the two compacts conflict. [1979 c.486 §3]
     Note: See note under 421.245.
     421.255 [1955 c.660 §6; 1959 c.550 §1; repealed by
1965 c.616 §101]
     421.260 [1955 c.660 §7; 1959 c.550 §2; repealed by
1965 c.616 §101]
     421.265 [1955 c.660 §8; 1959 c.550 §3; repealed by
1965 c.616 §101]
     421.270 [Formerly 421.240; repealed by 1959 c.550 §4]
WESTERN
INTERSTATE CORRECTIONS COMPACT
     421.282
Definitions for ORS 421.282 to 421.294. As used in ORS 421.282 to 421.294, unless the context requires
otherwise:
     (1) “Compact” means the Western Interstate
Corrections Compact as set forth in ORS 421.284.
     (2) “Inmate,” “institution” and “state”
have the meanings defined in Article II of the compact. [1959 c.290 §2]
     421.284
Western Interstate Corrections Compact. The Western Interstate Corrections Compact hereby is enacted into law
and entered into on behalf of this state with all other states legally joining
therein in a form substantially as follows:
______________________________________________________________________________
ARTICLE I
PURPOSE AND POLICY
     The party states, desiring by common
action to improve their institutional facilities and provide programs of
sufficiently high quality for the confinement, treatment and rehabilitation of
various types of offenders, declare that it is the policy of each of the party
states to provide such facilities and programs on a basis of cooperation with
one another, thereby serving the best interests of such offenders and of society.
The purpose of this compact is to provide for the development and execution of
such programs of cooperation for the confinement, treatment and rehabilitation
of offenders.
ARTICLE II
DEFINITIONS
     As used in this compact, unless the
context clearly requires otherwise:
     (a) “State” means a state of the
     (b) “Sending state” means a state party to
this compact in which conviction was had.
     (c) “Receiving state” means a state party
to this compact to which an inmate is sent for confinement other than a state
in which conviction was had.
     (d) “Inmate” means a male or female
offender who is under sentence to or confined in a prison or other correctional
institution.
     (e) “Institution” means any prison,
reformatory or other correctional facility (including but not limited to a
facility for the mentally ill or mentally defective) in which inmates may
lawfully be confined.
ARTICLE III
CONTRACTS
     (a) Each party state may make one or more
contracts with any one or more of the other party states for the confinement of
inmates on behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:
     1. Its duration.
     2. Payments to be made to the receiving
state by the sending state for inmate maintenance, extraordinary medical and
dental expenses, and any participation in or receipt by inmates of
rehabilitative or correctional services, facilities, programs or treatment not
reasonably included as part of normal maintenance.
     3. Participation in programs of inmate
employment, if any; the disposition or crediting of any payments received by
inmates on account thereof; and the crediting of proceeds from or disposal of
any products resulting therefrom.
     4. Delivery and retaking of inmates.
     5. Such other matters as may be necessary
and appropriate to fix the obligations, responsibilities and rights of the
sending and receiving states.
     (b) Prior to the construction or
completion of construction of any institution or addition thereto by a party
state, any other party state or states may contract therewith for the
enlargement of the planned capacity of the institution or addition thereto, or
for the inclusion therein of particular equipment or structures, and for the
reservation of a specific percentum of the capacity of the institution to be
kept available for use by inmates of the sending state or states so
contracting. Any sending state so contracting may, to the extent that monies
are legally available therefor, pay to the receiving state, a reasonable sum as
consideration for such enlargement of capacity, or provision of equipment or
structures, and reservation of capacity. Such payment may be in a lump sum or
in installments as provided in the contract.
     (c) The terms and provisions of this
compact shall be a part of any contract entered into by the authority of or
pursuant thereto, and nothing in any such contract shall be inconsistent
therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
     (a) Whenever the duly constituted judicial
or administrative authorities in a state party to this compact, and which has
entered into a contract pursuant to Article III, shall decide that confinement
in, or transfer of an inmate to, an institution within the territory of another
party state is necessary in order to provide adequate quarters and care or
desirable in order to provide an appropriate program of rehabilitation or
treatment, said officials may direct that the confinement be within an
institution within the territory of said other party state, the receiving state
to act in that regard solely as agent for the sending state.
     (b) The appropriate officials of any state
party to this compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine inmates for the
purpose of inspecting the facilities thereof and visiting such of its inmates
as may be confined in the institution.
     (c) Inmates confined in an institution
pursuant to the terms of this compact shall at all times be subject to the
jurisdiction of the sending state and may at any time be removed therefrom for
transfer to a prison or other institution within the sending state, for
transfer to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on probation or
parole, for discharge, or for any other purpose permitted by the laws of the
sending state; provided that the sending state shall continue to be obligated
to such payments as may be required pursuant to the terms of any contract
entered into under the terms of Article III.
     (d) Each receiving state shall provide
regular reports to each sending state on the inmates of that sending state in
institutions pursuant to this compact including a conduct record of each inmate
and certify said record to the official designated by the sending state, in
order that each inmate may have the benefit of his or her record in determining
and altering the disposition of said inmate in accordance with the law which
may obtain in the sending state and in order that the same may be a source of
information for the sending state.
     (e) All inmates who may be confined in an
institution pursuant to the provisions of this compact shall be treated in a
reasonable and humane manner and shall be cared for and treated equally with
such similar inmates of the receiving state as may be confined in the same
institution. The fact of confinement in a receiving state shall not deprive any
inmate so confined of any legal rights which said inmate would have had if
confined in an appropriate institution of the sending state.
     (f) Any hearing or hearings to which an
inmate confined pursuant to this compact may be entitled by the laws of the
sending state may be had before the appropriate authorities of the sending
state, or of the receiving state if authorized by the sending state. The
receiving state shall provide adequate facilities for such hearings as may be
conducted by the appropriate officials of a sending state. In the event such
hearing or hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record of the hearing or
hearings as prescribed by the sending state shall be made. Said record together
with any recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing would have been
had if it had taken place in the sending state. In any and all proceedings had
pursuant to the provisions of this subdivision, the officials of the receiving
state shall act solely as agents of the sending state and no final
determination shall be made in any matter except by the appropriate officials
of the sending state. Costs of records made pursuant to this subdivision shall
be borne by the sending state.
     (g) Any inmate confined pursuant to this
compact shall be released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon release in some
other place. The sending state shall bear the cost of such return to its
territory.
     (h) Any inmate confined pursuant to the
terms of this compact shall have any and all rights to participate in and
derive any benefits or incur or be relieved of any obligations or have such
obligations modified or the status of the inmate changed on account of any
action or proceeding in which the inmate could have participated if confined in
any appropriate institution of the sending state located within such state.
     (i) The parent, guardian, trustee, or
other person or persons entitled under the laws of the sending state to act
for, advise, or otherwise function with respect to any inmate shall not be
deprived of or restricted in the exercise of any power in respect of any inmate
confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN
     (a) Any decision of the sending state in
respect of any matter over which it retains jurisdiction pursuant to this
compact shall be conclusive upon and not reviewable within the receiving state,
but if at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the inmate within
such state any criminal charge or if the inmate is suspected of having
committed within such state a criminal offense, the inmate shall not be
returned without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officers of the sending state shall be permitted
to transport inmates pursuant to this compact through any and all states party
to this compact without interference.
     (b) An inmate who escapes from an
institution in which the inmate is confined pursuant to this compact shall be
deemed a fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a jurisdiction other than
the sending or receiving state, the responsibility for institution of
extradition proceedings shall be that of the sending state, but nothing
contained herein shall be construed to prevent or affect the activities of
officers and agencies of any jurisdiction directed toward the apprehension and
return of an escapee.
ARTICLE VI
FEDERAL AID
     Any state party to this compact may accept
federal aid for use in connection with any institution or program, the use of
which is or may be affected by this compact or any contract pursuant hereto and
any inmate in a receiving state pursuant to this compact may participate in any
such federally aided program or activity for which the sending and receiving
states have made contractual provision provided that if such program or
activity is not part of the customary correctional regimen the express consent
of the appropriate official of the sending state shall be required therefor.
ARTICLE VII
ENTRY INTO FORCE
     This compact shall enter into force and
become effective and binding upon the state so acting when it has been enacted
into law by any two contiguous states from among the states of Alaska, Arizona,
California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico,
Oregon, Utah, Washington and Wyoming. For the purposes of this article,
ARTICLE VIII
WITHDRAWAL AND TERMINATION
     This compact shall continue in force and
remain binding upon a party state until it shall have enacted a statute
repealing the same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all other party
states. An actual withdrawal shall not take effect until two years after the
notices provided in said statute have been sent. Such withdrawal shall not relieve
the withdrawing state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of withdrawal, a
withdrawing state shall remove to its territory, at its own expense, such
inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
     Nothing contained in this compact shall be
construed to abrogate or impair any agreement or other arrangement which a
party state may have with a nonparty state for the confinement, rehabilitation
or treatment of inmates nor to repeal any other laws of a party state
authorizing the making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
     The provisions of this compact shall be
liberally construed and shall be severable. If any phrase, clause, sentence or
provision of this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating therein,
the compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable
matters.
______________________________________________________________________________
[1959 c.290 §3;
2005 c.22 §296]
     421.286
Commitments or transfers of inmates to institution in another state. Any court, agency or officer of this state
having power to commit or transfer an inmate to an institution for confinement
may commit or transfer the inmate to any institution in another state if this
state has entered into a contract for the confinement of inmates in an
institution of the other state pursuant to Article III of the compact. [1959
c.290 §4]
     421.288
Enforcing and administering compact. All courts, agencies and officers of this state or any political
subdivision therein shall enforce the compact and carry out its provisions
including, but not limited to, making and submitting such reports as the
compact requires. [1959 c.290 §5]
     421.290
Hearings by director. (1)
The Director of the Department of Corrections shall hold such hearings as are
requested by another state pursuant to Article IV (f) of the compact. ORS
chapter 183 does not apply to these hearings, which shall be conducted in
compliance with Article IV (f) of the compact.
     (2) The cost of any hearing conducted
under subsection (1) of this section shall be paid out of the Department of
Corrections Revolving Fund. Reimbursements received from the state that requested
the hearing shall be paid into the revolving fund. [1959 c.290 §6; 1965 c.616 §55;
1969 c.597 §135; 1987 c.320 §187]
     421.292
Hearings in another state.
(1) The State Board of Parole and Post-Prison Supervision may hold hearings in
another state in connection with the case of an inmate confined in an
institution of another state that is a party to the compact, or may request a
hearing to be held by officers of the other state under Article IV (f) of the
compact.
     (2) The cost of any hearing conducted under
subsection (1) of this section shall be paid by the Department of Corrections
out of money appropriated to the department for the purpose of paying lawful
expenses of the department. [1959 c.290 §7; 1969 c.597 §136; 1983 c.740 §147;
1987 c.320 §188]
     421.294
Contracts to implement compact.
The Department of Corrections may enter into any contracts on behalf of this
state, not prohibited by any law of this state, as it considers appropriate to
implement the participation of this state in the compact pursuant to Article
III thereof. However, the department shall not enter into any contract:
     (1) Relating to commitments or transfers
of children who are under 12 years of age;
     (2) Providing for commitments or transfers
of inmates from another state who are 19 years of age or older to a youth
correction facility, as defined in ORS 420.005; or
     (3) Providing for commitments or transfers
of youths in this state who are under 17 years of age to an institution in
another state if any of the inmates in that institution are 21 years of age or
older. [1959 c.290 §8; 1987 c.320 §189; 1996 c.4 §6; 2001 c.295 §14]
     421.296
______________________________________________________________________________
ARTICLE I
Purpose
     The purpose of this compact is to provide
for the development and execution of programs to facilitate the use of
offenders in the forest fire suppression efforts of the party states for the
ultimate protection of life, property and natural resources in the party
states. The purpose of this compact is also, in emergent situations, to allow a
sending state to cross state lines with an inmate when, because of weather or
road conditions, it is necessary to cross state lines to facilitate the
transport of an inmate.
ARTICLE II
Definitions
     (1) “Sending state” means a state party to
this compact from which a fire suppression unit is traveling.
     (2) “Receiving state” means a state party
to this compact to which a fire suppression unit is traveling.
     (3) “Inmate” means a male or female offender
who is under sentence to or confined in a prison or other correctional
institution.
     (4) “Institution” means any prison,
reformatory, honor camp or other correctional facility, except facilities for
the mentally ill or mentally handicapped, in which inmates may lawfully be
confined.
     (5) “Fire suppression unit” means a group
of inmates selected by the sending states, corrections personnel and any other
persons deemed necessary for the transportation, supervision, care, security
and discipline of inmates to be used in forest fire suppression efforts in the
receiving state.
     (6) “Forest fire” means any fire burning
in any land designated by a party state or the federal land management agencies
as forestland.
ARTICLE III
Contracts
     (1) Each party state may make one or more
contracts with any one or more of the other party states for the assistance of
one or more fire suppression units in forest fire suppression efforts. Any such
contract shall provide for matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving states.
     (2) The terms and provisions of this
compact shall be part of any contract entered into by the authority of, or
pursuant to, this compact. Nothing in any such contract may be inconsistent
with this compact.
ARTICLE IV
Procedures and Rights
     (1) Each party state shall appoint a
liaison for the coordination and deployment of the fire suppression units of
each party state.
     (2) Whenever the duly constituted judicial
or administrative authorities in a state party to this compact, which has
entered into a contract pursuant to this compact, decide that the assistance of
a fire suppression unit of a party state is required for forest fire
suppression efforts, the authorities may request the assistance of one or more
fire suppression units of any state party to this compact through an appointed
liaison.
     (3) Inmates who are members of a fire
suppression unit shall at all times be subject to the jurisdiction of the
sending state and at all times shall be under the ultimate custody of
corrections officers duly accredited by the sending state.
     (4) The receiving state must make adequate
arrangements for the confinement of inmates who are members of a fire
suppression unit of a sending state in the event corrections officers duly
accredited by the sending state make a discretionary determination that an
inmate requires institutional confinement.
     (5) Cooperative efforts shall be made by
corrections officers and personnel of the receiving state located at a fire
camp with the corrections officers and other personnel in the establishment and
maintenance of fire suppression unit base camps.
     (6) All inmates who are members of a fire
suppression unit of a sending state shall be cared for and treated equally with
such similar inmates of the receiving state.
     (7) Further, in emergent situations, a
sending state shall be granted authority and all the protections of this
compact to cross state lines with an inmate when, because of road conditions,
it is necessary to facilitate the transport of an inmate.
ARTICLE V
Acts Not Reviewable
in
     (1) If while located within the territory
of a receiving state there occurs against the inmate within such state any
criminal charge or if the inmate is suspected of committing within such state a
criminal offense, the inmate shall not be returned without the consent of the
receiving state until discharged from prosecution or other form of proceeding,
imprisonment or detention for such offense. The duly accredited officers of the
sending state shall be permitted to transport inmates pursuant to this compact
through any and all states party to this compact without interference.
     (2) An inmate member of a fire suppression
unit of the sending state who is deemed to have escaped by a duly accredited
corrections officer of a sending state shall be under the jurisdiction of both
the sending state and the receiving state. Nothing contained in this Article
shall be construed to prevent or affect the activities of officers and guards
of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Entry into Force
     This compact shall enter into force and
become effective and binding upon approval of this compact by at least two of
the states from among the States of Idaho,
ARTICLE VII
Withdrawal and Termination
     This compact shall continue in force and
remain binding upon a party state until it shall have enacted a statute
repealing the same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all other party
states.
ARTICLE VIII
Other Arrangements Unaffected
     Nothing contained in this compact shall be
construed to abrogate or impair any agreement which a party state may have with
a nonparty state for the confinement, rehabilitation or treatment of inmates
nor to repeal any other laws of a party state authorizing the making of
cooperative institutional arrangements.
ARTICLE IX
Construction and Severability
     The provisions of this compact shall be
liberally construed and shall be severable. If any phrase, clause, sentence or
provision of this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating therein,
the compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable
matters.
______________________________________________________________________________
[1991 c.302 §2]
     421.297
Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or
incidental to the carrying out of the compact in every particular and the
Governor may in the discretion of the Governor delegate this authority to the
Director of the Department of Corrections. [1991 c.302 §3]
     421.298
Duties of State Forester.
The State Forester shall make reasonable efforts to use local available crews
within
INMATE
INDUSTRIES ND COMMODITIES
     421.305
Establishment of industries in institutions; authority of
     (a) Install and equip plants in any of the
Department of Corrections institutions, or any other location, for the
employment of any of the inmates therein in forms of industry and employment
not inconsistent with section 41, Article I, Oregon Constitution, and this
chapter.
     (b) Purchase, acquire, install, maintain
and operate materials, machinery and appliances necessary in the conduct and
operation of such plants.
     (c) Make any and all contracts or
agreements, enter into any partnerships, joint ventures or other business
arrangements, create and participate fully in the operation of any business
structure, including but not limited to the development of business structures
for inmate work program systems and networks with any public, private,
government, nonprofit or for-profit person or entity that in the judgment of
Oregon Corrections Enterprises is necessary or appropriate to accomplish the
marketing of products or services produced by inmates or the production of
goods, wares or services by inmates.
     (d) Acquire, receive, hold, keep, pledge,
control, convey, manage, use, lend, expend and invest all funds, appropriations
and revenues received by Oregon Corrections Enterprises from any source.
     (e) Determine, approve or adopt policies
for the organization, administration and development of Oregon Corrections
Enterprises.
     (f) Sue in the name of Oregon Corrections
Enterprises and be sued, plead and be impleaded in all actions, suits or
proceedings in any forum brought by or against Oregon Corrections Enterprises
by any and all private or local, federal or other public entities, agencies or
persons. Oregon Corrections Enterprises shall not have authority to sue or be
sued by the State of
     (g) Appoint and employ any instructional,
administrative, professional, trade, occupational and other personnel as are
necessary or appropriate to carry out the duties and missions of Oregon
Corrections Enterprises, and prescribe their compensation and terms of office
or employment.
     (h) Purchase, acquire, receive, hold,
control, convey, sell, manage, operate, lease, license, lend, invest, improve,
develop, use, dispose of and hold title to real and personal property of any
nature, including intellectual property, in the name of Oregon Corrections Enterprises.
     (i) Hold, control, convey, sell, manage,
operate, lease, license, lend, invest, improve, develop, use and dispose of any
and all Oregon Corrections Enterprises products and services. Oregon
Corrections Enterprises shall adopt policies regarding the sale of products and
services of Oregon Corrections Enterprises, which products and services shall
be sold for cash or on such terms as are approved by the administrator.
     (j) Subject to ORS 283.085 to 283.092,
borrow money for the needs of Oregon Corrections Enterprises in such amounts
and for such time and upon such terms as may be determined by the
administrator.
     (k) Erect, construct, improve, develop,
repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate,
use, dispose of and hold title to buildings, structures and lands for Oregon
Corrections Enterprises.
     (L) Authorize, create, eliminate,
establish, operate, reorganize, reduce or expand any program, system, facility
or other unit of operation in furthering the missions of Oregon Corrections
Enterprises.
     (m) Establish, charge, collect and use
charges and fees for Oregon Corrections Enterprises services and the use of
Oregon Corrections Enterprises facilities.
     (n) Establish agreements with any state
agency for the performance of such duties, functions and powers as the
administrator may determine to be appropriate.
     (o) Make available, by lease or otherwise,
or control access to any Oregon Corrections Enterprises facilities or services
or other of its properties and assets to such persons, firms, partnerships,
associations or corporations and on such terms the administrator considers
appropriate, charge and collect rent or other fees or charges therefor and
terminate or deny any such access or any such lease or other agreement for such
reasons as the administrator considers appropriate and as may be consistent
with the obligations of Oregon Corrections Enterprises under any such lease or
other agreement.
     (p) Contract for the operation of any
department, section, equipment or holdings of Oregon Corrections Enterprises
and enter into any agreements with a person, firm or corporation for the
management by a person, firm or corporation on behalf of Oregon Corrections
Enterprises of any of its properties or for the more efficient or economical
performance of clerical, accounting, administrative and other functions
relating to its inmate work program facilities.
     (q) Enter into affiliation, cooperation,
territorial, management or other similar agreements with other public or
private inmate work programs for the sharing, division, allocation or
furnishing of services on an exclusive or a nonexclusive basis, management of
facilities, formation of Oregon Corrections Enterprises systems and other
similar activities.
     (2) Products and services provided to a
private vendor pursuant to a contract under subsection (1)(c) of this section
are not subject to the limits imposed by ORS 421.312.
     (3)(a) Plants may be installed or equipped
for purposes of this section on the premises of a Department of Corrections
institution upon approval by the Director of the Department of Corrections.
     (b) The director shall have sole
discretion regarding whether a plant may be installed on the premises of a
Department of Corrections institution, and the director shall determine the
manner of such installation.
     (c) The director shall have sole
discretion regarding access by any person to any plant under construction,
installed or located on the premises of a Department of Corrections
institution.
     (d) The director may enter into any and
all contracts or agreements, enter into any partnership, joint venture or other
business arrangement and create and participate fully in the operation of any
business structure, including but not limited to the development of business structures
for inmate work program systems and networks with any public, private,
government, nonprofit or for-profit person or entity that in the judgment of
the director is necessary or appropriate to accomplish the production services
by inmates.
     (4) Compensation, if any, paid to inmates
assigned to work in industries under this section shall be determined and
established by the administrator of Oregon Corrections Enterprises upon the
approval of the director. The prevailing wage paid in the marketplace for the
work performed shall be paid to workers, other than inmates, who are employed
to operate the industry provided for in this section.
     (5) The director, in consultation with the
administrator of Oregon Corrections Enterprises, shall adopt rules providing
for the disposition of any compensation earned under this section. [Amended by
1965 c.616 §57; 1983 c.574 §1; 1987 c.320 §190; 1995 c.384 §11; 1997 c.851 §3;
1999 c.955 §15]
     421.310 [Amended by 1955 c.55 §3; 1965 c.616 §58;
1969 c.349 §4; 1981 c.380 §1; 1983 c.574 §2; 1987 c.153 §2; 1987 c.320 §191;
1989 c.89 §1; 1995 c.384 §12; repealed by 1997 c.851 §17]
     421.312
Contracts with federal government for producing goods or furnishing services of
inmates during national emergency authorized. (1) The Department of Corrections or Oregon Corrections Enterprises
may enter into contracts or agreements with any agency of the federal
government providing for the sale to such agency of goods, wares or merchandise
manufactured, mined or produced in any of the Department of Corrections
institutions of this state or by Oregon Corrections Enterprises, or providing
for the furnishing of the labor or services of inmates of any such institutions
to such agency, or containing both such provisions, when the President of the
United States has, by official action, recognized the existence of a national
emergency.
     (2) A contract or agreement made pursuant
to subsection (1) of this section may authorize the use of the facilities of
any Department of Corrections institution or Oregon Corrections Enterprises
facilities in conjunction with:
     (a) The manufacturing, mining or producing
of any goods, wares or merchandise being sold to an agency of the federal
government.
     (b) The furnishing of the labor or
services of inmates of any Department of Corrections institution to any agency
of the federal government. [1955 c.55 §2; 1965 c.616 §59; 1987 c.320 §192; 1999
c.955 §16]
     421.315 [Amended by 1955 c.55 §4; 1965 c.616 §60;
repealed by 1981 c.380 §4]
     421.320 [Amended by 1965 c.616 §61; repealed by 1981
c.380 §4]
     421.325 [Amended by 1959 c.687 §19; 1983 c.574 §4;
1987 c.320 §193; 1995 c.384 §13; repealed by 1999 c.955 §28]
     421.330 [Amended by 1965 c.616 §62; repealed by 1981
c.380 §4]
     421.335 [Amended by 1965 c.616 §63; 1969 c.349 §5;
repealed by 1981 c.380 §4]
     421.340
Rules for exchange of products among institutions. The Department of Corrections and such
officials as may direct or control the management of penal, correctional,
custodial and charitable institutions of the state or its political
subdivisions, and the youth correction facilities, shall jointly annually
promulgate rules to authorize the purchase by such institutions of the products
to be manufactured by Oregon Corrections Enterprises. [Amended by 1965 c.616 §64;
1987 c.320 §194; 1999 c.955 §17]
     421.343 [1989 c.82 §1; repealed by 1999 c.955 §28]
     421.344
Creation of
     421.345 [Amended by 1955 c.445 §1; repealed by 1965
c.616 §101]
     421.347
Advisory council; membership; duties. (1) The administrator of Oregon Corrections Enterprises shall
establish, by the issuance of a policy directive or order, an advisory council
consisting of not fewer than three members to provide policy input concerning
Oregon Corrections Enterprises operations and its discharge of the functions
and duties prescribed by section 41, Article I of the Oregon Constitution, and
ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444
and 421.445. The council shall select one of its members as chairperson. The
council shall meet not less frequently than semiannually at the offices of
Oregon Corrections Enterprises. The council shall meet at such other times and
places specified by the administrator. All members shall be entitled to
expenses as provided in ORS 292.495.
     (2) The membership of the advisory council
shall consist of at least one representative of each of the following
interests, as determined at the discretion of the administrator:
     (a) At least one member shall be a person
who has experience in, and can represent the interests and perspective of the
banking or finance industry;
     (b) At least one member shall be a person
who has experience in and can represent the interests and perspective of
private business in
     (c) At least one member shall be a person
who has experience in the field of labor relations and can represent the
interests and perspective of organized labor.
     (3) Members of the advisory council must
be citizens of the
     (4) The order or policy directive that
establishes the advisory council may specify the terms of office of members of
the council and may provide for removal of members from the advisory council by
the administrator, either at the pleasure of the administrator or for other
grounds specified in the order or policy directive. Upon the expiration or
termination of the term of any member appointed to represent an interest under
subsection (2) of this section, the administrator shall appoint a successor to
represent that interest. A member of the advisory council shall be eligible for
reappointment. [1999 c.955 §4]
     421.349
Advisory committee; duties.
In addition to the advisory council required by ORS 421.347, the administrator
may establish, by the issuance of a policy directive or order, one or more
advisory committees, bodies or advisors to advise and assist Oregon Corrections
Enterprises in discharging its functions and duties as prescribed by section
41, Article I of the Oregon Constitution, and ORS 192.502, 421.305, 421.312,
421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. The administrator
may authorize the payment of expenses, as provided in ORS 292.495, to the
members of any advisory committee or body established under this section. [1999
c.955 §5]
     421.350 [Amended by 1965 c.616 §65; repealed by 1981
c.380 §4]
     421.352
Applicability of certain statutes to
     (2) Oregon Corrections Enterprises shall
not be subject to any provision of law enacted after December 2, 1999, that
governs state agencies generally unless the provision specifically provides
that it applies to Oregon Corrections Enterprises. [1999 c.955 §6; 2003 c.794 §279]
     Note: The amendments to 421.352 by section 34,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed
with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 421.352 by section 34, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 421.352, as amended by section
34, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     421.352. (1) The provisions of ORS chapters 182, 183,
240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292 and 293 and ORS 35.550 to
35.575, 183.710 to 183.725, 183.745, 183.750, 184.345, 190.430, 190.490, 200.035,
236.605 to 236.640, 243.303, 243.305, 243.315, 243.325 to 243.335, 243.345,
243.350, 243.696, 279.835 to 279.855, 282.010 to 282.150 and 656.017 (2) do not
apply to Oregon Corrections Enterprises.
     (2) Oregon Corrections Enterprises is not
subject to any provision of law enacted after December 2, 1999, that governs
state agencies generally unless the provision specifically provides that it
applies to Oregon Corrections Enterprises.
     421.354
Authority of
     (2) Oregon Corrections Enterprises may
enter into contracts or agreements with private persons or government agencies
for the purpose of:
     (a) Accomplishing the production and
marketing of products or services produced or performed by inmates;
     (b) Making prison work products or
services available to any public agency and to any private enterprise; or
     (c) Making prison work products available
to any private person.
     (3) Oregon Corrections Enterprises may
make or enter into any agreement to assist inmates in making a successful
transition upon release by state correction institutions.
     (4) Oregon Corrections Enterprises shall
carry out the public purposes and missions stated in section 41, Article I of
the Oregon Constitution, and in this section in the manner that, in the
determination of Oregon Corrections Enterprises, best promotes the public
welfare of the people of the State of
     421.355 [Amended by 1965 c.616 §66; repealed by 1981
c.380 §4]
     421.357
Limitation on amount agency may charge
     (2) Oregon Corrections Enterprises shall
pay the cost of audits of Oregon Corrections Enterprises performed pursuant to
the Secretary of State’s statutory and constitutional authority. [1999 c.955 §11]
     421.359
Disposition of income and revenues. All income and revenues generated or received by Oregon Corrections
Enterprises shall remain within, and are continuously appropriated to, Oregon
Corrections Enterprises for the purposes of discharging the functions and
duties prescribed by section 41, Article I of the Oregon Constitution, and ORS
192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and
421.445. There shall be no commingling of funds between Oregon Corrections
Enterprises and the Department of Corrections. [1999 c.955 §9]
     421.360 [Repealed by 1981 c.380 §4]
     421.362
Continuation of employment of certain Department of Corrections employees;
alternative retirement programs. (1) All persons employed by the Department of Corrections in inmate
work programs on December 2, 1999, shall be offered continuation of their
employment with Oregon Corrections Enterprises. Those employees who continue
employment with Oregon Corrections Enterprises shall retain their Public
Employees Retirement System status granted prior to December 2, 1999. The terms
and conditions of the continued employment shall be determined by the
administrator. The terms and conditions of employment for Oregon Corrections
Enterprises employees who may become represented for collective bargaining in
the appropriate bargaining unit shall be determined in accordance with ORS
243.650 to 243.782, except for ORS 243.696. For purposes of collective bargaining,
the appropriate bargaining unit shall be a separate unit composed exclusively
of Oregon Corrections Enterprises employees.
     (2) Notwithstanding the provisions of ORS
chapter 237, Oregon Corrections Enterprises may offer to its employees
alternative retirement programs in addition to the Public Employees Retirement
System. [1999 c.955 §13]
     421.364
Provision of legal services to
     421.365 [Repealed by 1981 c.380 §4]
     421.367
Report to Governor and Legislative Assembly. (1) Oregon Corrections Enterprises shall report annually to the
Governor and the Legislative Assembly regarding Oregon Corrections Enterprises
activities and operations for the preceding year.
     (2) Notwithstanding ORS 421.352, Oregon
Corrections Enterprises shall provide to the Oregon Department of
Administrative Services such financial information as the Oregon Department of
Administrative Services may require for purposes of completing the financial
report described in ORS 291.040. [1999 c.955 §8]
     421.400 [1989 c.855 §1; repealed by 1997 c.851 §17]
INMATE LABOR
GENERALLY
     421.405
Use of inmate labor for benefit of officials prohibited; exceptions. (1) Except as provided in subsection (2) of
this section, no officer or employee of this state shall receive the use or
profit of the labor or services of any inmate of a Department of Corrections
institution, or be directly or indirectly interested in any contract or work
upon which inmates are employed. However, this subsection does not prohibit
inmates from doing work or services:
     (a) As janitors or gardeners in or about
the institutional premises or premises owned or controlled by Oregon
Corrections Enterprises.
     (b) As chauffeur or driver of a vehicle
used by any prison official or employees of
     (c) Contemplated under ORS 421.455 to
421.480.
     (2) Subsection (1) of this section does
not prohibit inmates from performing work or services as apprentices or
trainees in a program conducted pursuant to ORS 660.002 to 660.210 for any
officer or employee of this state who does not exercise direct Department of
Corrections institution supervisory authority over the inmates. [Amended by
1959 c.687 §20; 1961 c.213 §1; 1965 c.616 §67; 1969 c.502 §21; 1979 c.68 §1;
1987 c.320 §195; 1999 c.955 §18]
     421.408 [Formerly 421.140; 1965 c.616 §68; 1969
c.502 §22; 1969 c.570 §1; 1987 c.320 §196; repealed by 1995 c.384 §28]
     421.410 [Amended by 1957 c.343 §1; 1961 c.213 §2;
1965 c.463 §20; 1965 c.616 §69; 1979 c.68 §2; 1981 c.380 §2; 1983 c.574 §3;
1987 c.320 §197; repealed by 1999 c.955 §28]
     421.412
Use of inmate labor in acquisition of crops to be consumed in state
institutions. (1)
Notwithstanding any other provision of law, the Department of Corrections or
Oregon Corrections Enterprises may enter into a contract with a person for the
purchase or donation of fruit, vegetables or other crops for use or consumption
in state institutions. The contract may provide that any or all labor required
inside or outside of the Department of Corrections institutions to harvest,
load and transport the fruit, vegetables or other crop shall be performed by
inmates confined in such institutions. The department or Oregon Corrections
Enterprises may enter into a contract pursuant to this section only if it
appears to the department or Oregon Corrections Enterprises that the contract
would be advantageous.
     (2) Notwithstanding any other provision of
law, the Director of the Department of Corrections, in compliance with the
rules of the department, may authorize the use of inmates from the institution
for the purpose of harvesting, loading and transporting the fruit, vegetables
or other crops which are the subject matter of a contract made under subsection
(1) of this section.
     (3) This section authorizes use of inmate
labor for cultivating, clearing, grading, draining, restoring riparian areas
and other improvement of private or public land, or any contract or agreement
therefor. [1955 c.253 §2; 1959 c.687 §21; 1965 c.616 §70; 1969 c.502 §23; 1987
c.320 §198; 1999 c.955 §19]
     421.415 [Amended by 1959 c.687 §22; repealed by 1965
c.616 §101]
     421.420
Use of inmate labor to clear unimproved land. The Department of Corrections may enter into a contract with any
person whom it considers advisable in connection with a Department of
Corrections institution for employment of inmates therein in clearing
unimproved land in the state. [Amended by 1959 c.687 §23; 1965 c.616 §71; 1987
c.320 §199]
     421.425 [Renumbered 421.620]
     421.430 [Repealed by 1959 c.687 §24]
     421.431 [1995 c.384 §1; repealed by 1997 c.851 §17]
     421.434 [1995 c.384 §2; repealed by 1999 c.955 §28]
     421.435 [Repealed by 1959 c.687 §24]
     421.436 [1995 c.384 §14; repealed by 1997 c.851 §17]
PRISON WORK
PROGRAMS
     421.437
Inmate compensation; rules.
(1) Inmates who participate in programs operated by the Department of
Corrections or Oregon Corrections Enterprises shall be permitted to retain a
portion of compensation earned, if any, for their personal use as determined
and established by the Director of the Department of Corrections by rule. The director
shall ensure that the rules adopted under this section are designed to:
     (a) Instill in inmates a viable work
ethic;
     (b) Emulate private gainful employment;
     (c) Encourage productivity; or
     (d) Maintain the safe, secure and orderly
operation and management of department facilities.
     (2) Except as otherwise required by
federal law to permit transportation in interstate commerce of goods, wares or
merchandise manufactured, produced or mined, wholly or in part by inmates, the
rules adopted under subsection (1) of this section may not authorize inmates
engaged in prison work programs to retain for their personal use more than 20
percent of gross compensation paid. [1997 c.851 §11; 1999 c.955 §20]
     421.438
Authority to enter into contracts concerning certain operations and programs. (1) The Department of Corrections may enter
into contracts for the purchase or other acquisition, transfer or disposition
of supplies, materials, equipment, products and other personal property, and
services for the following prison operations and programs:
     (a) Prison work and on-the-job training
programs;
     (b)
     (c) Farm and agricultural operations and
programs;
     (d) Food services operations and programs;
and
     (e) Facility or property maintenance
operations and programs.
     (2) Notwithstanding ORS 179.040 or any
other law, the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B
and 279C do not apply to contracts entered into by the department under this
section. [1995 c.384 §17; 1997 c.802 §19; 1997 c.851 §4; 2003 c.794 §280]
     Note: 421.438 and 421.442 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
421 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.440 [1995 c.384 §25; repealed by 1999 c.955 §28]
     421.442
Creation of accounts and subaccounts relating to prison work and on-the-job
training programs. (1) The
Department of Corrections may create accounts and subaccounts as reasonably
required to discharge the functions and duties prescribed by section 41,
Article I of the Oregon Constitution, including accounts and subaccounts for
the deposit of income generated from prison work programs. Accounts and
subaccounts created under this subsection shall be maintained separate and
distinct from the General Fund. Moneys credited to the accounts and subaccounts
are continuously appropriated to the department for the purpose of
implementing, maintaining and developing prison work programs. Moneys in the
department accounts or subaccounts may be transferred to the inmate injury
component of the Insurance Fund for the payment of expenses therefrom
authorized by law. Moneys in the accounts or subaccounts may be invested as
provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings
on the investment of moneys in the accounts or subaccounts shall be credited to
the respective account or subaccount.
     (2) Oregon Corrections Enterprises may
create accounts and subaccounts as reasonably required to discharge the
functions and duties prescribed by section 41, Article I of the Oregon
Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412,
421.444 and 421.445 and this section, including accounts and subaccounts for
the deposit of income generated from prison work programs. All moneys collected
or received by Oregon Corrections Enterprises shall be deposited into an
account or subaccounts established by Oregon Corrections Enterprises in a
depository bank insured by the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. The administrator shall ensure that
sufficient collateral secures any amount of funds on deposit that exceeds the
limits of the coverage of the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. All moneys in the account or
subaccounts are continuously appropriated to Oregon Corrections Enterprises for
the purpose of implementing, maintaining and developing prison work programs.
Moneys in the accounts or subaccounts may be invested as provided in ORS
293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment
of moneys in the accounts or subaccounts shall be credited to the respective
account or subaccount.
     (3) Moneys credited to or received by
inmate work programs conducted by the department may not be commingled with
moneys credited to or received by inmate work programs conducted by Oregon
Corrections Enterprises.
     (4) Moneys in the accounts or subaccounts
are available for implementing, maintaining and developing prison work and
on-the-job training programs, including, but not limited to:
     (a) The purchase of all necessary
machinery and equipment for establishing, equipping and enlarging prison
industries;
     (b) The purchase of raw materials, the
payment of salaries and wages and all other expenses necessary and proper in
the judgment of the Director of the Department of Corrections or the
administrator of Oregon Corrections Enterprises in the conduct and operation of
prison industries; and
     (c) Department transfers to the inmate
injury component of the Insurance Fund from the payment of expenses authorized
by law.
     (5) No part of the accounts or subaccounts
may be expended for maintenance, repairs, construction or reconstruction, or
general or special expenses of a Department of Corrections institution, other
than for prison work and on-the-job training programs.
     (6) The transfers referred to in
subsections (1) and (4)(c) of this section may be authorized by the Legislative
Assembly, or the Emergency Board if the Legislative Assembly is not in session,
whenever it appears to the Legislative Assembly or the board, as the case may
be, that there are insufficient moneys in the inmate injury component of the
Insurance Fund for the payment of expenses authorized by law. [1995 c.384 §26;
1997 c.851 §5; 1999 c.955 §27; 2003 c.405 §8]
     Note: See note under 421.438.
     421.444
Intellectual property; acquisition and development. (1) The Department of Corrections and Oregon
Corrections Enterprises each may acquire or develop intellectual property of
any kind, whether patentable or copyrightable or not, including patents,
copyrights, trademarks, inventions, discoveries, processes and ideas.
     (2) The department and Oregon Corrections
Enterprises each may manage, license, market, develop or dispose of its
intellectual property, in whole or in part, in any manner deemed by the
department or Oregon Corrections Enterprises to be advisable for implementing,
maintaining and developing prison work programs.
     (3) Money received by the department or
Oregon Corrections Enterprises as a result of its use, ownership, disposal or
management of property acquired under this section or of transactions regarding
such property shall be deposited in accounts maintained by the department or
Oregon Corrections Enterprises as authorized by law. [1997 c.851 §12; 1999
c.955 §21]
     421.445
Supervision of inmates in
     Note: 421.445 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 421 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.450
Definitions for ORS 421.455 to 421.480. As used in ORS 421.455 to 421.480, unless the context requires
otherwise:
     (1) “Local inmate” means a person
sentenced by a court or legal authority to serve sentence in a county or city
jail, but does not include a child detained by order of the juvenile court.
     (2) “State inmate” means an inmate of a
Department of Corrections institution. [1967 c.504 §2; 1987 c.320 §200]
     421.455
     (a) Rape in the first degree, as described
in ORS 163.375.
     (b) Rape in the second degree, as
described in ORS 163.365.
     (c) Rape in the third degree, as described
in ORS 163.355.
     (d) Sodomy in the first degree, as
described in ORS 163.405.
     (e) Sodomy in the second degree, as
described in ORS 163.395.
     (f) Sodomy in the third degree, as
described in ORS 163.385.
     (g) Unlawful sexual penetration in the
first degree, as described in ORS 163.411.
     (h) Unlawful sexual penetration in the
second degree, as described in ORS 163.408.
     (i) Sexual abuse in the first degree, as
described in ORS 163.427.
     (j) Sexual abuse in the second degree, as
described in ORS 163.425.
     (k) Any crime in any other jurisdiction
that would constitute a crime described in this subsection if presently
committed in this state.
     (L) Any attempt to commit a crime
described in this subsection.
     (2) The State Board of Forestry may make
contracts with any other state agency in order to effectuate the purposes of
ORS 421.455, 421.465, 421.470 and 421.476. [Amended by 1965 c.616 §72; 1967
c.504 §5; 1987 c.320 §201; 1987 c.478 §1; 1991 c.386 §13; 1991 c.830 §12]
     421.460 [Amended by 1961 c.656 §2; repealed by 1965
c.616 §101]
     421.465
Transfer of state inmates to forest work camp; limitations and conditions. (1) Upon the requisition of the State
Forester, the superintendent shall send at the time and to the place designated
as many state inmates requisitioned from the institution under the supervision
of the superintendent as have been determined under rules adopted by the
Director of the Department of Corrections to be eligible for employment at a
forest work camp and as are available.
     (2) Before a state inmate is sent to any
forest work camp, the superintendent of the institution in which the inmate is
confined shall cause the inmate to be given such inoculations as are necessary
in the public interest.
     (3) While a state inmate is at a forest
work camp, the superintendent of the institution in which the inmate was
confined is responsible for the custody and care of the inmate. [Amended by
1961 c.656 §3; 1965 c.616 §73; 1967 c.504 §6; 1969 c.502 §24; 1987 c.320 §202]
     421.467
Transfer of local inmates to forest work camp; limitations and conditions. (1) Subject to ORS 421.468, the governing
body of a county or city in this state may transfer a local inmate to the
temporary custody of the Department of Corrections solely for employment at a
forest work camp established under ORS 421.455 to 421.480. The county or city
transferring the local inmate shall pay the cost of transportation and other
expenses incidental to the local inmateÂ’s conveyance to the forest work camp
and the return of the local inmate to the county or city, including the
expenses of law enforcement officers accompanying the local inmate, and is responsible
for costs of any medical treatment of the local inmate while the local inmate
is employed at the forest work camp not compensated under ORS 655.505 to
655.555.
     (2) Before a local inmate is sent to a
forest work camp, the governing body of the county or city shall cause the
local inmate to be given such inoculations as are necessary in the public
interest, and must submit to the Department of Corrections a certificate,
signed by a physician licensed under ORS chapter 677, that the local inmate is
physically and mentally able to perform the work described in ORS 421.470, and
is free from communicable disease. [1967 c.504 §3; 1987 c.320 §203]
     421.468
Prior approval required for transfer of local inmate; return; custody and
jurisdiction. (1) A local
inmate may not be transferred under ORS 421.467 without the prior approval of
the Director of the Department of Corrections. The director shall return each
local inmate to the county or city from which the local inmate was transferred
at such time as the local inmate is to be released by the county or city, or
upon request of the governing body of the county or city.
     (2) While employed at a forest work camp
established under ORS 421.455 to 421.480, a local inmate is temporarily within
the custody of the Director of the Department of Corrections and subject to
rules promulgated by the director governing such custody and employment, but
remains subject to the jurisdiction of the county or city. [1967 c.504 §4; 1987
c.320 §204]
     421.470
Authority over inmates in camps; cost of care. (1) The Director of the Department of
Corrections has authority over the forest work camps except as provided in
subsection (2) of this section.
     (2) The State Forester shall assign and
supervise the work of the state inmates and local inmates, which work shall be:
     (a) Manual labor, as far as possible, of
the type contemplated by ORS 530.210 to 530.280.
     (b) Fire-fighting labor of the type
contemplated for forest protection districts under ORS chapter 477.
     (3) Moneys for the cost of custody of the
state inmates and local inmates, and for the labor done by them under this
section, shall be paid from funds appropriated and made available to the State
Board of Forestry. Moneys for the cost of care of each local inmate shall be paid
by the county or city from which the local inmate was transferred under ORS
421.467, but not to exceed $2 a day for each local inmate. Additional moneys
required for the cost of care of local inmates shall be paid from funds
appropriated and made available to the State Board of Forestry. All such moneys
shall be collected by the Director of the Department of Corrections who shall
deposit such funds to the credit of the State Prison Work Programs Account. [Amended
by 1961 c.213 §3; 1961 c.656 §4; 1965 c.253 §142; 1967 c.504 §7; 1987 c.320 §205;
1995 c.384 §15]
     421.475 [Amended by 1955 c.433 §1; 1961 c.656 §5;
1965 c.616 §74; 1967 c.504 §8; 1969 c.570 §2; 1987 c.320 §206; 1995 c.384 §16;
repealed by 1997 c.851 §6 (421.476 enacted in lieu of 421.475)]
     421.476
Compensation of inmates for labor at forest camps; rules. The Director of the Department of
Corrections shall determine and establish compensation, if any, to be paid to
inmates assigned to work in forest work camps. The director shall adopt rules
providing for the disposition of any compensation earned under this section. [1997
c.851 §7 (enacted in lieu of 421.475)]
     421.480
Return of inmate to institution. When the need for the labor of a state inmate or local inmate
transferred to a forest work camp has ceased or when the inmate is guilty of
any violation of the rules of the Director of the Department of Corrections,
the director may return the inmate to the institution, county or city from
which the inmate was transferred. [Amended by 1961 c.656 §6; 1967 c.504 §9;
1987 c.320 §207]
     421.490
Work camps. In addition to
camps established under ORS 421.455 to 421.480 the Department of Corrections
may execute agreements for the establishment and operation of work camps for
minimum custody inmates of Department of Corrections institutions in
cooperation with all public agencies. [1963 c.157 §2; 1987 c.320 §208]
ALTERNATIVE
INCARCERATION PROGRAM
     421.500
Findings. The Legislative
Assembly finds that:
     (1) There is no method in this state for
diverting sentenced offenders from a traditional correctional setting;
     (2) The absence of a program that instills
discipline, enhances self-esteem and promotes alternatives to criminal behavior
has a major impact on overcrowding of prisons and criminal recidivism in this
state; and
     (3) An emergency need exists to implement
a highly structured corrections program that involves intensive mental and
physical training and substance abuse treatment. [1993 c.681 §1; 1999 c.239 §2]
     Note: 421.500 to 421.512 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
421 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.502
Definitions for ORS 421.502 to 421.512. As used in ORS 421.502 to 421.512:
     (1) “Cognitive restructuring” means any
rehabilitation process that redirects the thinking of an offender into more
socially acceptable directions and that is generally accepted by rehabilitation
professionals.
     (2) “Department” means the Department of
Corrections.
     (3)(a) “Offender” includes a person who:
     (A) Is in the custody of the department;
and
     (B) Is at least 18 years of age at the
time of entry into the program.
     (b) “Offender” includes a person who is
under 18 years of age and has been convicted of a crime upon remand from the
juvenile court.
     (c) “Offender” does not include a person
convicted of a crime described in ORS 163.095, 163.115, 163.118, 163.235,
163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411,
163.415, 163.425, 163.427, 163.435, 163.525, 164.325 or 164.415.
     (4) “Program” means the special
alternative incarceration program established under ORS 421.504 and the
intensive alternative incarceration addiction program established under ORS 421.506.
[1993 c.681 §2; 1999 c.239 §1; 2003 c.464 §3]
     Note: See note under 421.500.
     421.504
Special alternative incarceration program; requirements. (1) The Department of Corrections, in
consultation with the Oregon Criminal Justice Commission, shall establish a
special alternative incarceration program stressing a highly structured and
regimented routine. The program:
     (a) Shall reflect evidence-based
practices;
     (b) Shall include a component of intensive
self-discipline, physical work and physical exercise;
     (c) Shall provide for cognitive
restructuring in conformance with generally accepted rehabilitative standards;
     (d) May include a drug and alcohol
treatment component that meets the standards promulgated by the Department of
Human Services pursuant to ORS 430.357; and
     (e) Shall be at least 270 days’ duration.
     (2) The department shall provide capital
improvements and capital construction necessary for the implementation of the
program.
     (3) Notwithstanding subsection (1) of this
section, the department may convert the special alternative incarceration
program required by this section into an intensive alternative incarceration
addiction program as described in ORS 421.506 if the department determines that
the needs of offenders in the departmentÂ’s custody would be better served by an
intensive alternative incarceration addiction program than by the special
alternative incarceration program. [1993 c.681 §3; 1997 c.63 §3; 2005 c.271 §7;
2005 c.708 §12; 2007 c.617 §1]
     Note: See note under 421.500.
     421.506
Intensive alternative incarceration addiction program; requirements. The Department of Corrections shall
establish an intensive alternative incarceration addiction program. The program
shall:
     (1) Be based on intensive interventions,
rigorous personal responsibility and accountability, physical labor and service
to the community;
     (2) Require strict discipline and
compliance with program rules;
     (3) Provide 14 hours of highly structured
and regimented routine every day;
     (4) Provide for cognitive restructuring to
enable offenders participating in the program to confront and alter their
criminal thinking patterns;
     (5) Provide addiction treatment that
incorporates proven, research-based interventions; and
     (6) Be at least 270 days’ duration. [2003
c.464 §2]
     Note: See note under 421.500.
     421.508
Determination of eligibility for program; denial; suspension; completion. (1)(a) The Department of Corrections is
responsible for determining which offenders are eligible to participate in, and
which offenders are accepted for, a program. However, the department may not
consider an offender for a program unless authorized to do so as provided in
ORS 137.750.
     (b) The department may not accept an
offender into a program unless the offender submits a written request to
participate. The request must contain a signed statement providing that the
offender:
     (A) Is physically and mentally able to
withstand the rigors of the program; and
     (B) Has reviewed the program description
provided by the department and agrees to comply with each of the requirements
of the program.
     (c) The department may deny, for any
reason, a request to participate in a program. The department shall make the
final determination regarding an offenderÂ’s physical or mental ability to
withstand the rigors of the program.
     (d) If the department determines that an
offenderÂ’s participation in a program is consistent with the safety of the
community, the welfare of the applicant, the program objectives and the rules
of the department, the department may, in its discretion, accept the offender
into the program.
     (2) The department may suspend an offender
from a program for administrative or disciplinary reasons.
     (3) When an offender has successfully
completed a program, the department may release the offender on post-prison
supervision. Successful completion of a program does not relieve the offender
from fulfilling any other obligations imposed as part of the sentence
including, but not limited to, the payment of restitution and fines. [1993
c.681 §4; 1997 c.313 §17; 2003 c.464 §4]
     Note: See note under 421.500.
     421.510
Eligibility for transitional leave. Offenders participating in a program are eligible for transitional
leave as provided in ORS 421.168. Notwithstanding the 30-day maximum period
allowed in ORS 421.168, the Department of Corrections may grant a transitional
leave of up to 90 days for an offender in a program. The offender may not be
released on transitional leave more than 90 days prior to the offenderÂ’s
discharge date. [1997 c.63 §2; 2003 c.464 §5]
     Note: See note under 421.500.
     421.512
Rulemaking. (1) The
Department of Corrections shall adopt rules to carry out the provisions of ORS
421.504, 421.506 and 421.508.
     (2) The Oregon Criminal Justice Commission
shall adopt or amend rules as necessary to integrate the programs into
sentencing guidelines. [1993 c.681 §5; 2003 c.464 §6]
     Note: See note under 421.500.
MEDICAL
TREATMENT PROGRAMS
     421.590
Medical treatment programs; sex offenders; establishment; rules. (1) For the purposes of this section:
     (a) “Medical treatment program” means a
treatment program based on a successful medical model that has been proven to
reduce recidivism, and that may include treatment by prescribed medication when
recommended by a qualified psychiatrist or physician, psychological treatment,
or both. Any treatment administered under a medical treatment program must be
within the range of treatments generally recognized as acceptable within the
medical community.
     (b) “Program participant” means a person
sentenced for a term of imprisonment based on conviction of a sex crime or a
felony attempt to commit a sex crime, or a person who is eligible for parole or
post-prison supervision after a term of imprisonment based on conviction of a
sex crime or a felony attempt to commit a sex crime, who agrees to participate
in a medical treatment program after having been evaluated to be a suitable
candidate and who has been provided with adequate information to give informed
consent to participation.
     (c) “Sex crime” means rape in any degree,
sodomy in any degree, unlawful sexual penetration in any degree and sexual
abuse in the first or second degree.
     (2) The Department of Corrections shall
establish a medical treatment program for persons convicted of a sex crime or a
felony attempt to commit a sex crime. Any person sentenced for a sex crime or a
felony attempt to commit a sex crime may be evaluated to determine if available
medical or psychological treatment would be likely to reduce the biological,
emotional or psychological impulses that were the probable cause of the personÂ’s
criminal conduct. If the evaluation determines that the person is a suitable
candidate, the department shall offer to allow the person to participate in the
medical treatment program. The person must agree to become a program
participant.
     (3) The State Board of Parole and
Post-Prison Supervision shall offer as a condition of parole or post-prison
supervision to persons convicted of a sex crime or a felony attempt to commit a
sex crime the opportunity to participate in a medical treatment program
established by the Department of Corrections under this section. Any person
eligible for release for a sex crime or felony attempt to commit a sex crime
may be evaluated to determine if available medical or psychological treatment
would be likely to reduce the biological, emotional or psychological impulses
that were the probable cause of the personÂ’s criminal conduct. If the
evaluation determines that the person is a suitable candidate, the board shall
offer to allow the person to participate in the medical treatment program. The
person must agree to become a program participant.
     (4) The Department of Corrections shall
adopt rules prescribing the procedures and guidelines for implementing the
medical treatment programs required under the provisions of this section. [1993
c.807 §5; 2003 c.14 §233]
     Note: 421.590 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 421 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
STATE
PENITENTIARY
     421.605
Location and use of penitentiary. The Oregon State Penitentiary, located in
     421.609
New correctional facilities; authorization; limitation on. (1) The Department of Corrections may not seek
authorization for construction or expansion of new correctional facilities or
expansion of existing correctional facilities in this state unless the
department:
     (a) Has evaluated the availability and
cost of using correctional facilities outside this state; and
     (b) Has determined that constructing new
correctional facilities, including costs of debt service and infrastructure
improvements, or expanding existing correctional facilities in this state is
less expensive than using correctional facilities outside this state after
considering constitutional requirements, requirements of state law and
available programs that enhance the likelihood of offenders successfully
functioning in society upon release.
     (2) If the Department of Corrections
determines that using appropriate correctional facilities outside this state is
less expensive than constructing new correctional facilities, including costs
of debt service and infrastructure improvements, or expanding existing
correctional facilities, the department shall use correctional facilities
outside this state. [1997 c.715 §6(1),(2)]
     Note: 421.609 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 421 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.610 [1961 c.491 §1; 1971 c.212 §4; repealed by
1987 c.320 §246]
CORRECTIONS
FACILITIES SITING
(Generally)
     421.611
Findings. The Legislative
Assembly finds that:
     (1) There is a serious and urgent need to
construct and operate additional correctional facilities in this state to
accommodate current and projected prison populations.
     (2) Immediate corrections facility
planning and siting requires an expedited process. Existing corrections
facility siting procedures are inadequate to meet the current and projected
need for the siting of additional correctional facilities in this state. [1995
c.745 §1]
     Note: 421.611 to 421.630 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
421 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     421.612
Definitions. As used in ORS
421.611 to 421.630, unless the context otherwise requires:
     (1) “Authority” means the Corrections
Facilities Siting Authority as established in ORS 421.621.
     (2) “Department” means the Department of
Corrections. [1995 c.745 §2]
     Note: See note under 421.611.
     421.614
Corrections facilities; determining location. (1) The Department of Corrections shall determine locations for
corrections facilities pursuant to the provisions of ORS 421.611 to 421.630.
     (2) The department shall establish, by
rule, mandatory and desirable criteria to be used in the nominations made under
ORS 421.616. [1995 c.745 §3]
     Note: See note under 421.611.
     421.615 [Formerly 421.030; 1969 c.502 §25; repealed
by 1971 c.212 §6]
     421.616
When department required to nominate sites for corrections facilities; criteria
for nominations; report required. When directed by executive order of the Governor to initiate the
corrections facility siting process established in ORS 421.611 to 421.630, the
Department of Corrections shall:
     (1) Nominate sites for the construction
and operation of additional corrections facilities in this state, based on the
criteria adopted by the department pursuant to ORS 421.614, and the following
criteria:
     (a) The interest demonstrated by local
jurisdictions in having a site selected for a corrections facility within their
jurisdiction.
     (b) The availability or the ability of the
local jurisdictions to provide adequate infrastructure to serve the facility.
     (c) Natural features that allow design to
promote compatibility with surroundings.
     (d) The availability of or ability to
provide local support facilities.
     (e) The cost of developing the proposed
facility, including but not limited to:
     (A) The cost of land acquisition and
construction including the availability of land or facilities owned by the
State of
     (B) The cost of operating the facility.
     (f) The location and dispersal of social
service residential facilities and other corrections facilities.
     (2) Publish an initial report stating the
conclusions of the department with regard to each site nominated.
     (3) Provide copies of the report to:
     (a) Each of the county commissioners in
the county where any of the nominated sites are located;
     (b) Each of the city council members where
that site is located if any one of the sites is in a city;
     (c) Governmental agencies that may be
called upon to provide services to the facility at any of the sites, including
police, fire, water, sewage, roads and public transit; and
     (d) Any member of the public who requests
a copy and pays a fee as set by the department.
     (4) Provide media notice regarding the
process and the sites nominated, including but not limited to publication in a
newspaper of general circulation in the county or counties where the sites are
located. [1995 c.745 §4]
     Note: See note under 421.611.
     421.618
Meetings to discuss site selections. Prior to nominating sites pursuant to ORS 421.616, the Department of
Corrections shall hold a meeting or multiple meetings with the elected local
government officials involved to discuss the site selections, the on-site and
off-site improvements needed at each site and the site preferences of the local
governments. [1995 c.745 §5]
     Note: See note under 421.611.
     421.620 [Formerly 421.425; repealed by 1965 c.616 §101]
     421.621
Corrections Facilities Siting Authority; membership; duties. (1) There is established a Corrections
Facilities Siting Authority. Subject to the approval of the Governor, the
authority shall make corrections facility site selection decisions as set forth
in ORS 421.623. The authority shall consist of five persons, to be appointed by
the Governor and to serve at the GovernorÂ’s pleasure. The Governor shall
appoint one of the members as chairperson.
     (2) A majority of the authority members
constitutes a quorum for the transaction of business. Members of the authority
are entitled to compensation and expenses as provided in ORS 292.495. Any
vacancy shall be filled by the Governor.
     (3) The authority shall:
     (a) Direct such staff as assigned to it by
the Department of Corrections;
     (b) Consult with the department, local
government officials and others as it deems necessary;
     (c) Hold hearings; and
     (d) Make decisions on the siting of
corrections facilities. [1995 c.745 §6]
     Note: See note under 421.611.
     421.623
Hearings in region where nominated site located; ranking sites; findings. (1) Within 30 days after nomination of sites
as set forth in ORS 421.616, the Corrections Facilities Siting Authority shall
hold a hearing within the region where each nominated site is located to
receive Department of Corrections, local government, neighborhood, law
enforcement and public testimony regarding the sites nominated and conditions
proposed therefor.
     (2) Not later than 10 days before the
hearing held by the authority as required by subsection (1) of this section,
any affected local government or any person may submit proposed conditions to
the authority. Each proposed condition shall:
     (a) Be stated separately;
     (b) Be in writing;
     (c) Identify the site to which the
condition, if approved, would attach;
     (d) Be specific;
     (e) Directly relate to any site or its
proposed development, infrastructure, access thereto or physical condition on
or in the immediate vicinity of such site; and
     (f) Be supported by a statement of the
need or reasons therefor.
     (3)(a) Within 45 days after nomination of
the sites as set forth in ORS 421.616, the authority shall select and rank in
order of preference such sites as the Governor deems necessary or advisable for
the construction and operation of corrections facilities, and specify site
development conditions for each site, supported by findings, which findings
shall address the criteria specified by the department pursuant to ORS 421.614
and in ORS 421.616.
     (b) In addition to the findings required
by paragraph (a) of this subsection, when the authority refuses to adopt a
proposed condition submitted in accordance with subsection (2) of this section,
the authority shall state on the record why, in its judgment, the refusal to
adopt the proposed condition is in the public interest.
     (4) If one or more of the nominated sites
meets the mandatory criteria established by the department pursuant to ORS
421.614, the local jurisdiction demonstrates interest as described in
subsection (5) of this section, and the authority selects a site that has not
demonstrated interest as described under subsection (5) of this section, the
authority shall make findings that demonstrate why it selected the site in
which the local jurisdiction did not demonstrate interest.
     (5) A local jurisdiction may demonstrate
interest by presenting to the Department of Corrections a resolution that sets
forth such interest no later than 30 days from issuance of an executive order
under ORS 421.616. [1995 c.745 §7; 1999 c.853 §1]
     Note: See note under 421.611.
     421.625 [Formerly 421.135; repealed by 1965 c.616 §101]
     421.626
Notification to Governor; approval or disapproval of sites. (1) As soon as practicable after making the
siting decisions, the Corrections Facilities Siting Authority shall notify the
Governor and shall make available for the GovernorÂ’s review any documents or
materials that the Governor may request.
     (2) Within 15 days after receiving the
notification required by subsection (1) of this section, the Governor shall
approve or disapprove such sites as selected and ranked by the authority as the
Governor deems necessary and advisable.
     (3) If the Governor disapproves one or
more of the sites, the Governor may direct the authority to make and rank an
additional selection or selections, as appropriate, from the nominated sites
and notify the Governor of the selection. Within 15 days of receiving any new
selection, the Governor shall approve or disapprove such additional sites as
selected and ranked by the authority as the Governor deems necessary or
advisable. [1995 c.745 §8]
     Note: See note under 421.611.
     421.628
Effect of decision of Corrections Facilities Siting Authority; public services
necessary for constructing and operating facility. (1) Notwithstanding ORS 169.690, 195.025,
197.180, 215.130 (4) and 227.286 or any other provision of law, including but
not limited to statutes, ordinances, regulations and charter provisions, the
decisions of the Corrections Facilities Siting Authority, if approved by the
Governor, shall bind the state and all counties, cities and political subdivisions
in this state as to the approval of the sites and the construction and
operation of the proposed corrections facilities. Affected state agencies,
counties, cities and political subdivisions shall issue the appropriate
permits, licenses and certificates and enter into any intergovernmental
agreements as necessary for construction and operation of the facilities,
subject only to the conditions of the siting decisions.
     (2) Each state or local governmental
agency that issues a permit, license or certificate shall continue to exercise
enforcement authority over the permit, license or certificate.
     (3) Except as provided in subsections (4)
to (16) of this section, nothing in ORS 421.611 to 421.630 expands or alters
the obligations of cities, counties and political subdivisions to pay for
infrastructure improvements for the proposed corrections facilities.
     (4) The Department of Corrections shall
seek to obtain public services necessary for the construction and operation of
corrections facilities from a public body providing such services. The
department shall not acquire or develop and furnish its own public services
under this section that could be provided by a public body unless the
department concludes that the state can achieve significant cost savings by
doing so.
     (5) Upon request of the Department of
Corrections, a public body furnishing public services shall make public
services available to the department that are either necessary for the
construction and operation of a corrections facility or required by additions
to or remodeling of a corrections facility sited or constructed under ORS
421.611 to 421.630 or any other law. All rates, terms and conditions of
furnishing public services shall be just, fair and reasonable. A just, fair and
reasonable rate shall assure the public body the recovery of the additional
costs of providing and maintaining the requested service to the corrections
facility, including, but not limited to, feasibility and design engineering
costs, and reasonable capacity replacement, but shall not exceed the public
bodyÂ’s actual capital and operating expenses, including reasonable reserves
charged to all ratepayers, for such service. The public bodyÂ’s rates, terms and
conditions shall be conclusively deemed to be just, fair and reasonable if the
department and public body so agree in writing.
     (6) If the Department of Corrections and
the public body cannot agree on the rates, terms and conditions of furnishing
necessary public services to a corrections facility, either the department or
the public body may deliver to the other a notice of request to mediate any
disputed issues, including, but not limited to, whether the department can
achieve significant cost savings to the state by acquiring or developing and
furnishing its own public services. If either the department or the public body
requests mediation, the other shall participate in good faith in such
mediation. Unless otherwise agreed by the department and the public body, the
mediation shall be concluded within 30 days of delivery of the notice of
request to mediate.
     (7) If the mediation fails to resolve the
issues in dispute, or if mediation is not requested by either the Department of
Corrections or the public body, the department and the public body may agree to
submit any disputed matters to arbitration. The arbitration may be either
binding or nonbinding. If the department and the public body cannot agree on
the selection of the arbitrator and the arbitration rules and procedure, upon
motion directed to the Court of Appeals, the Chief Judge of the Court of
Appeals shall select the arbitrator and decide the rules and procedure. The
arbitratorÂ’s decision and award shall be guided by the standards set forth in
this section. The decision and award of the arbitrator shall be final and
binding on the department and the public body only if they agree to enter into
binding arbitration prior to the initiation of the arbitration. If the
department and public body have agreed to binding arbitration of disputed
issues, either the department or the public body, if dissatisfied with the
arbitratorÂ’s decision and award, may file exceptions in the Court of Appeals
within 21 days of the issuance of the decision and award. Exceptions shall be
limited to the causes set forth in ORS 36.705 (1)(a) to (d), and to the grounds
for modification or correction of an award under ORS 36.710. If any of the
exceptions requires consideration of facts that do not appear on the face of
the arbitratorÂ’s decision and award or is not stipulated to by the parties, the
court may appoint a master to take evidence and make the necessary factual
findings. The Court of AppealsÂ’ decision shall be final and not subject to
further review.
     (8) If the Department of Corrections and
the public body have submitted disputed matters to nonbinding arbitration or if
the department and public body have chosen not to submit disputed matters to
arbitration, the department shall issue a preliminary order to the public body
that either concludes that the state can achieve significant costs savings by
acquiring or developing and furnishing its own public services, or establishes
the rates, terms and conditions upon which the public body shall make necessary
public services available to the department for the corrections facility. The public
body, no later than 15 days following the departmentÂ’s issuance of its
preliminary order, may contest the preliminary order by filing a written notice
to that effect with the department. The preliminary order shall become final,
binding and conclusive if the public body fails to request a hearing within the
time permitted in this section.
     (9) If a hearing is requested, the
department shall provide the public body with an opportunity to be heard and
shall issue its final order upon conclusion of the hearing. The department
shall establish procedures to regulate and provide for the nature and extent of
the proofs and evidence and the method of taking and furnishing the same in
order to afford the public body a reasonable opportunity for a fair hearing. The
procedures shall ensure that the public body has a reasonable opportunity to
place in the record the information upon which the public body relies as a
basis for its position. The departmentÂ’s order shall be guided by the standards
set forth in this section.
     (10) Proceedings for review of the
departmentÂ’s final order shall be instituted when the affected public body
files a petition with the Court of Appeals that meets the following
requirements:
     (a) The petition shall be filed within 21
days of issuance of the final order on which the petition is based.
     (b) The petitioner shall serve a copy of
the petition by registered or certified mail upon the Department of Corrections
and the Attorney General.
     (11) Within 30 days after service of the
petition, the department shall transmit to the Court of Appeals the original or
a certified copy of the entire record and any findings that may have been made.
     (12) The Court of Appeals shall review the
final order of the Department of Corrections de novo on the record created
before the department. The Court of AppealsÂ’ decision shall be final and not
subject to further review.
     (13) Proceedings for review in the Court
of Appeals under this section shall be given priority over all other matters
before the Court of Appeals.
     (14) The Department of Corrections or
other state agency shall not be required to make payments to the public body
for necessary public services to a corrections facility in excess of funds that
are legally available for such purposes.
     (15) Nothing in this section shall require
a public body to furnish public services to the Department of Corrections for a
corrections facility in the event that the Legislative Assembly fails to make
funds available in an amount sufficient to pay the stateÂ’s share of costs of
such services as determined under this section.
     (16) As used in this section, “public
services” means off-site infrastructure, including, but not limited to, sewer
and water systems and service, and road improvements. [1995 c.745 §9; 1997
c.715 §4; 2003 c.598 §44]
     Note: Operation of the amendments to 421.628 by
section 9, chapter 516, Oregon Laws 2001, is dependent upon further approval by
the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The
text that is operative after that approval, including amendments by section 45,
chapter 598, Oregon Laws 2003, is set forth for the userÂ’s convenience.
     421.628. (1) Notwithstanding ORS 169.690, 195.025,
197.180, 215.130 (4) and 227.286 or any other provision of law, including but
not limited to statutes, ordinances, regulations and charter provisions, and
except for permit decisions delegated by the federal government to the
Department of State Lands, the decisions of the Corrections Facilities Siting
Authority, if approved by the Governor, shall bind the state and all counties,
cities and political subdivisions in this state as to the approval of the sites
and the construction and operation of the proposed corrections facilities.
Except for those statutes and rules for which permit decisions have been
delegated by the federal government to the Department of State Lands, all
affected state agencies, counties, cities and political subdivisions shall
issue the appropriate permits, licenses and certificates and enter into any
intergovernmental agreements as necessary for construction and operation of the
facilities, subject only to the conditions of the siting decisions.
     (2) Each state or local governmental
agency that issues a permit, license or certificate shall continue to exercise
enforcement authority over the permit, license or certificate.
     (3) Except as provided in subsections (4)
to (16) of this section, nothing in ORS 421.611 to 421.630 expands or alters
the obligations of cities, counties and political subdivisions to pay for infrastructure
improvements for the proposed corrections facilities.
     (4) The Department of Corrections shall
seek to obtain public services necessary for the construction and operation of
corrections facilities from a public body providing such services. The
department may not acquire or develop and furnish its own public services under
this section that could be provided by a public body unless the department
concludes that the state can achieve significant cost savings by doing so.
     (5) Upon request of the Department of
Corrections, a public body furnishing public services shall make public
services available to the department that are either necessary for the
construction and operation of a corrections facility or required by additions
to or remodeling of a corrections facility sited or constructed under ORS
421.611 to 421.630 or any other law. All rates, terms and conditions of
furnishing public services shall be just, fair and reasonable. A just, fair and
reasonable rate shall assure the public body the recovery of the additional
costs of providing and maintaining the requested service to the corrections
facility, including, but not limited to, feasibility and design engineering
costs, and reasonable capacity replacement, but may not exceed the public bodyÂ’s
actual capital and operating expenses, including reasonable reserves charged to
all ratepayers, for such service. The public bodyÂ’s rates, terms and conditions
shall be conclusively deemed to be just, fair and reasonable if the department
and public body so agree in writing.
     (6) If the Department of Corrections and
the public body cannot agree on the rates, terms and conditions of furnishing
necessary public services to a corrections facility, either the department or
the public body may deliver to the other a notice of request to mediate any
disputed issues, including, but not limited to, whether the department can
achieve significant cost savings to the state by acquiring or developing and
furnishing its own public services. If either the department or the public body
requests mediation, the other shall participate in good faith in such
mediation. Unless otherwise agreed by the department and the public body, the
mediation shall be concluded within 30 days of delivery of the notice of
request to mediate.
     (7) If the mediation fails to resolve the
issues in dispute, or if mediation is not requested by either the Department of
Corrections or the public body, the department and the public body may agree to
submit any disputed matters to arbitration. The arbitration may be either
binding or nonbinding. If the department and the public body cannot agree on
the selection of the arbitrator and the arbitration rules and procedure, upon
motion directed to the Court of Appeals, the Chief Judge of the Court of Appeals
shall select the arbitrator and decide the rules and procedure. The arbitratorÂ’s
decision and award shall be guided by the standards set forth in this section.
The decision and award of the arbitrator shall be final and binding on the
department and the public body only if they agree to enter into binding
arbitration prior to the initiation of the arbitration. If the department and
public body have agreed to binding arbitration of disputed issues, either the
department or the public body, if dissatisfied with the arbitratorÂ’s decision
and award, may file exceptions in the Court of Appeals within 21 days of the
issuance of the decision and award. Exceptions shall be limited to the causes
set forth in ORS 36.705 (1)(a) to (d), and to the grounds for modification or
correction of an award under ORS 36.710. If any of the exceptions requires
consideration of facts that do not appear on the face of the arbitratorÂ’s
decision and award or is not stipulated to by the parties, the court may
appoint a master to take evidence and make the necessary factual findings. The
Court of AppealsÂ’ decision shall be final and not subject to further review.
     (8) If the Department of Corrections and
the public body have submitted disputed matters to nonbinding arbitration or if
the department and public body have chosen not to submit disputed matters to
arbitration, the department shall issue a preliminary order to the public body
that either concludes that the state can achieve significant costs savings by
acquiring or developing and furnishing its own public services, or establishes
the rates, terms and conditions upon which the public body shall make necessary
public services available to the department for the corrections facility. The
public body, no later than 15 days following the departmentÂ’s issuance of its
preliminary order, may contest the preliminary order by filing a written notice
to that effect with the department. The preliminary order shall become final,
binding and conclusive if the public body fails to request a hearing within the
time permitted in this section.
     (9) If a hearing is requested, the
department shall provide the public body with an opportunity to be heard and
shall issue its final order upon conclusion of the hearing. The department
shall establish procedures to regulate and provide for the nature and extent of
the proofs and evidence and the method of taking and furnishing the same in
order to afford the public body a reasonable opportunity for a fair hearing.
The procedures shall ensure that the public body has a reasonable opportunity
to place in the record the information upon which the public body relies as a
basis for its position. The departmentÂ’s order shall be guided by the standards
set forth in this section.
     (10) Proceedings for review of the department’s
final order shall be instituted when the affected public body files a petition
with the Court of Appeals that meets the following requirements:
     (a) The petition shall be filed within 21
days of issuance of the final order on which the petition is based.
     (b) The petitioner shall serve a copy of
the petition by registered or certified mail upon the Department of Corrections
and the Attorney General.
     (11) Within 30 days after service of the
petition, the department shall transmit to the Court of Appeals the original or
a certified copy of the entire record and any findings that may have been made.
     (12) The Court of Appeals shall review the
final order of the Department of Corrections de novo on the record created
before the department. The Court of AppealsÂ’ decision shall be final and not
subject to further review.
     (13) Proceedings for review in the Court
of Appeals under this section shall be given priority over all other matters
before the Court of Appeals.
     (14) The Department of Corrections or
other state agency is not required to make payments to the public body for
necessary public services to a corrections facility in excess of funds that are
legally available for such purposes.
     (15) This section does not require a
public body to furnish public services to the Department of Corrections for a
corrections facility in the event that the Legislative Assembly fails to make
funds available in an amount sufficient to pay the stateÂ’s share of costs of
such services as determined under this section.
     (16) As used in this section, “public
services” means off-site infrastructure, including, but not limited to, sewer
and water systems and service, and road improvements.
     Note: See note under 421.611.
     421.630
Judicial review. (1)
Notwithstanding ORS 183.400, 183.482, 183.484 and 197.825 or any other law,
exclusive jurisdiction for review of any decision relating to the establishment
of, addition to, remodeling of or siting of a corrections facility including
the establishment of criteria under ORS 421.614, the nomination of sites under
ORS 421.616 or any actions under ORS 421.623 or 421.626 is conferred upon the
Supreme Court.
     (2) Proceedings for review shall be
instituted when any person or local government adversely affected files a
petition with the Supreme Court that meets the following requirements:
     (a) The petition shall be filed within 21
days of issuance of the specific decision on which the petition is based,
except that a petition based on a decision to adopt criteria pursuant to ORS
421.614 shall be filed within 21 days of the issuance of the criteria. A
decision made pursuant to ORS 421.623 or 421.626 with respect to any site may
be reviewed by the Supreme Court as provided in ORS 421.611 to 421.630.
     (b) The petition shall state the nature of
the decision the petitioner desires reviewed, in what manner the decision below
rejected the position raised by the petitioner below and shall state, by
supporting affidavit, the facts showing how the petitioner is adversely
affected. In the case of a decision by the Corrections Facilities Siting
Authority, the petitioner is adversely affected only when the petitioner can
establish by clear and convincing evidence in the affidavit that:
     (A) The petitioner participated before the
authority;
     (B) The petitioner will be within sight or
sound of the facility or is affected economically in excess of $5,000 in value;
and
     (C) The petitioner proposed conditions as
required by ORS 421.623 (2) that were rejected by the authority.
     (c) The petitioner shall serve a copy of
the petition by registered or certified mail upon the Department of
Corrections, the authority and the Attorney General.
     (d) Within 30 days after service of the
petition, the department shall transmit to the Supreme Court, or a special
master it designates, the original or a certified copy of the entire record and
any findings that may have been made. The court shall not substitute its
judgment for that of the Governor, the department or the authority as to any
issue of fact or issue within executive branch discretion.
     (3) If the petition is for review of a
decision made by the siting authority, the record shall include only:
     (a) The report of the authority.
     (b) The conditions, if any, on the
nomination.
     (c) The transcript of the hearing before
the authority. However, on motion of the authority, the Supreme Court may limit
the transcript to those matters in which the petitioner is interested as
provided in subsection (2)(b) of this section.
     (d) Evidence submitted by the petitioner
to the authority, but on motion of any party to the judicial review, the
Supreme Court may supplement the record with additional materials from the
hearing before the authority.
     (e) The transcript of the decision-making
meeting of the authority.
     (f) The authority findings and decision.
     (4) Upon review, the Supreme Court may
reverse or remand the decision if the Supreme Court concludes that the
department, the authority or the Governor:
     (a) Exceeded the statutory or
constitutional authority of the decision maker;
     (b) Made a decision based on findings that
are not supported by substantial evidence in the record as described in ORS
183.482 (8)(c); or
     (c) Refused to adopt a proposed condition
submitted under ORS 421.623 (2) and failed to provide the statement required by
ORS 421.623 (3)(b).
     (5) Proceedings for review under this
section shall be given priority over all other matters before the Supreme
Court. [1995 c.745 §10; 1999 c.853 §2]
     Note: See note under 421.611.
(WomenÂ’s
Facility and
     421.635
Definitions for ORS 421.635 to 421.657. As used in ORS 421.635 to 421.657:
     (1) “Adversely affected” has the meaning
used in ORS 183.480. A person within sight or sound of the womenÂ’s correctional
facility and intake center complex is presumed to be adversely affected by
decisions or actions under ORS 421.635 to 421.657.
     (2) “Complex” means a women’s correctional
facility and intake center, administration and other associated buildings,
roads, sewer and water lines and other public services, and any other improvements
made to the real property approved for siting under ORS 421.643.
     (3) “Public services” means off-site
infrastructure to support the construction and operation of a complex. “Public
services” includes but is not limited to electric and telecommunications
services, sewer and water systems, fire and life safety services and road
improvements.
     (4) “State building code” has the meaning
given that term in ORS 455.010. [1999 c.982 §2]
     421.637
When department required to propose site; criteria; report; media notice. When directed by executive order of the
Governor, the Department of Corrections shall:
     (1) Propose a site for the construction
and operation of a womenÂ’s correctional facility and intake center complex in
this state. The department shall consider the following criteria:
     (a) Interest demonstrated by local
jurisdictions in having the site selected for a womenÂ’s correctional facility
and intake center complex. A local jurisdiction may demonstrate interest by
presenting to the Director of the Department of Corrections a resolution
setting forth such interest.
     (b) The availability or the ability of
local jurisdictions to provide adequate infrastructure to serve the complex.
     (c) Natural features that allow design
features to promote compatibility with surroundings.
     (d) The availability of the site by
purchase, condemnation, exchange or otherwise.
     (e) The sufficiency of the size and shape
of the site to accommodate the complex.
     (f) Whether the site is located in an area
designated as a 100-year floodplain on a current map of the Federal Emergency
Management Agency.
     (g) Whether the site is located in a
tsunami inundation zone.
     (h) Whether the site either has
infrastructure available on-site or the infrastructure otherwise can be
provided and maintained. For purposes of this paragraph, “infrastructure”
includes but is not limited to:
     (A) Water for domestic use, fire
protection and irrigation;
     (B) Sanitary sewer collection and
treatment;
     (C) Surface drainage storm water
collection and disposal; and
     (D) Electricity, natural gas, oil or
propane and telecommunications.
     (i) Whether the site is served by a road
or highway system capable of supporting the complex. New roadway improvements
should be able to be constructed and available at the time the complex is
scheduled to open.
     (2) Publish an initial report stating the
conclusions of the department with regard to the proposed site.
     (3) Provide copies of the report to:
     (a) Each of the county commissioners in
the county where the proposed site is located;
     (b) Each of the city council members where
the proposed site is located if the site is in a city;
     (c) Governmental agencies that may be
called upon to provide services to the complex, including police, fire, water,
sewage, roads and public transit; and
     (d) Any member of the public who requests
a copy and pays a fee as set by the department.
     (4) Provide media notice regarding the
process and the proposed site, including but not limited to publication in a
newspaper of general circulation in the county or counties where the site is
located. [1999 c.982 §3]
     421.639
Exclusion of
     421.641
Hearings in region where proposed site located; report. (1) Within 21 days after a site is proposed
under ORS 421.637, the Director of the Department of Corrections shall hold a
hearing within the region where the proposed site is located to receive
Department of Corrections, local government, neighborhood, law enforcement and
public testimony regarding the proposed site.
     (2) Not later than seven days before the
hearing held under subsection (1) of this section, any affected local
government or any person may submit proposed conditions to the director. Each
proposed condition shall:
     (a) Be stated separately;
     (b) Be in writing;
     (c) Be specific;
     (d) Directly relate to the site and the
criteria described in ORS 421.637 (1); and
     (e) Be supported by a statement of the
need or reasons therefor.
     (3) Within seven days following the hearing
required under subsection (1) of this section, the director shall issue a final
report regarding the proposed site. If the director recommends that the
proposed site be used for the construction and operation of a womenÂ’s
correctional facility and intake center complex, the director shall specify in
the report those conditions the director deems necessary and appropriate for
the site.
     (4) If the director recommends a site for
which the local government did not express interest as described in ORS 421.637
(1)(a), the director shall make findings that demonstrate why the director
selected the site. [1999 c.982 §4]
     421.643
Notice to Governor regarding proposed site. Within 30 days of the date of the executive order described in ORS
421.637, the Director of the Department of Corrections shall notify the
Governor of the site proposed for the construction and operation of a womenÂ’s
correctional facility and intake center complex. The director shall make
available for the GovernorÂ’s review the final report required under ORS 421.641
and any other documents or materials that the Governor may request. The
Governor shall approve or disapprove the site as the Governor deems necessary
or advisable. [1999 c.982 §5]
     421.645
Issuing permits necessary for construction and operation of facility; rules. (1) Notwithstanding ORS 195.025, 197.175,
197.180, 215.130 (4), 227.286, 455.148 or 455.150 or any other provision of
law, including but not limited to statutes, ordinances, regulations and charter
provisions, the Director of the Department of Consumer and Business Services,
through the Building Codes Division, shall exercise authority for the issuance
of all permits required under the state building code for the construction and
operation of the womenÂ’s correctional facility and intake center complex
approved under ORS 421.643.
     (2) All other state agencies, including
but not limited to the Department of Environmental Quality, shall issue such
permits within the authority of the agency as may be necessary for the construction
and operation of the complex.
     (3) Within the authority of the city,
county or political subdivision, each city, county and political subdivision
shall issue the appropriate permits, licenses and certificates not issued under
subsections (1) and (2) of this section, including all necessary construction
permits over public rights of way, and enter into any intergovernmental
agreements as may be necessary for the construction and operation of the
complex.
     (4) A state agency or local government
that issues a permit, license or certificate under subsections (1) to (7) of
this section shall continue to exercise enforcement authority over the permit,
license or certificate.
     (5) Except as provided in ORS 421.649,
nothing in ORS 421.635 to 421.657 expands or otherwise alters the obligations
of a city, county or political subdivision to pay for infrastructure
improvements for the complex.
     (6)(a) State agencies and local
governments shall issue any permit, license or certificate required under
subsections (1) to (3) of this section within 60 days of receiving a completed
application for the permit, license or certificate from the Department of
Corrections or a person acting on behalf of the department. A state agency or
local government may impose reasonable conditions on any permit, license or
certificate but may not deny the permit, license or certificate unless denial
is required under federal law.
     (b) If a permit, license or certificate
required under subsections (1) to (7) of this section is not issued within 60
days of receiving a completed application, the Department of Corrections may
file a petition for a writ of mandamus in the circuit court for the
jurisdiction of the affected local government to compel issuance of the permit,
license or certificate. The writ shall issue unless the local government can
demonstrate by clear and convincing evidence that issuing the permit, license
or certificate would violate a substantive provision of the state building
code, exceed the local governmentÂ’s statutory authority or violate federal law.
     (c) Proceedings on a petition for a writ
of mandamus under this subsection shall comply with the applicable provisions
of ORS chapter 34.
     (7) The issuance of any permit, license or
certificate under subsections (1) to (7) of this section and any construction
or development undertaken pursuant to such permit, license or certificate shall
not be considered in support of or in opposition to an application for a land
use decision under ORS chapter 197, 215 or 227.
     (8) In accordance with the applicable
provisions of ORS chapter 183 and notwithstanding ORS 455.035, the Director of
the Department of Consumer and Business Services shall adopt such rules as the
director determines necessary to implement the provisions of subsections (1) to
(7) of this section. [1999 c.982 §§7,8(1); 2001 c.573 §4]
     421.647
Review of decision relating to permits. (1) Notwithstanding ORS 183.400, 183.482, 183.484 or 197.825 or any
other law, review of any decision or action relating to the issuance or denial
of a permit, license or certificate under ORS 421.645 (1) to (7) is as
described in this section.
     (2) A person or governmental entity
adversely affected by a decision or action may institute a proceeding for
review by filing a petition in Marion County Circuit Court that meets the
following requirements:
     (a) The petition must be filed within 21
days of issuance of the specific decision or action on which the petition is
based.
     (b) The petition must include the
following:
     (A) A statement of the nature of the
decision or action the petitioner desires to be reviewed.
     (B) A statement of the constitutional,
statutory or other legal provision providing a basis for the challenge.
     (C) A statement of whether the validity of
the decision or action depends on factual findings and whether it is necessary
to create a record in order to review the challenge.
     (D) A statement and supporting affidavit
showing how the petitioner is adversely affected by the decision or action.
     (c) The petitioner shall serve a copy of
the petition by registered or certified mail upon the Department of Corrections
and the Attorney General.
     (3) The court may affirm, reverse or
remand the decision or action. The court shall reverse or remand the decision
or action if the court finds that the entity making the decision or taking the
action:
     (a) Exceeded its statutory or
constitutional authority; or
     (b) Made a decision or took an action, the
validity of which depends on the existence of one or more facts, when the
requisite fact or facts do not exist.
     (4) As to any decision or action, the
validity of which depends on the existence of a particular fact:
     (a) The court shall first decide whether
any claims of error require fact-finding because the challenged decision or
action depends on the existence of one or more facts. If the court determines
that the claim of error requires fact-finding, the court shall decide whether
additional evidence is required in order to determine whether the necessary
fact exists. To be considered by the court, the evidence, if required, need not
have been before the decision maker at the time of making the decision or
taking the action.
     (b) In determining the existence of a
necessary fact, the fact shall be deemed to exist if the court finds, based on
the record presented to or made before it, that there is evidence, taken in
isolation, from which a reasonable person could conclude that the fact exists.
     (5) If the court determines that the claim
of error may be resolved without taking additional evidence, the court shall
certify the matter to the Supreme Court and the Supreme Court shall accept the
certification. The Supreme Court shall conduct its review as provided in
subsections (3) and (4) of this section.
     (6) Any party to the proceedings before
the court may appeal from the judgment of that court to the Supreme Court by
filing a petition meeting the criteria set forth in subsection (2) of this
section. The petition must be filed within 21 days after the entry of the
judgment. The Supreme Court shall conduct its review as provided in subsections
(3) and (4) of this section. [1999 c.982 §9]
     421.649
Provision of public services.
(1) The Department of Corrections shall obtain public services necessary for
the construction and operation of a womenÂ’s correctional facility and intake
center complex in the manner provided under ORS 421.628 (4) to (15).
     (2) Regardless of the territorial limits
of the public body providing public services to the complex, and
notwithstanding any other law, upon request or application from the department,
the public body shall provide any public service necessary for the construction
and operation of the complex. During the pendency of any mediation, arbitration
or judicial review proceeding under this section, the public body shall provide
any public service necessary for the continued construction and operation of
the complex, as requested by the department.
     (3) The existence of a public service
provided to the complex shall not be a consideration in support of or in
opposition to an application for a land use decision, limited land use decision
or expedited land division under ORS chapter 197, 215 or 227. [1999 c.982 §10]
     421.651
Prison Advisory Committee; duties. (1) Within 60 days after August 20, 1999, the Director of the Department
of Corrections shall form a Prison Advisory Committee. The committee shall meet
to discuss, and make recommendations to the director about, potential
construction and operational impacts of the womenÂ’s correctional facility and
intake center complex. Impacts may include plans for buffering, lighting and
noise mitigation to minimize intrusion into the privacy of surrounding
residences. The director shall consider the recommendations and shall adopt
such recommendations as practicable, considering safety, security and
operational needs of the complex.
     (2) The Department of Corrections shall
maintain a policy or plan for notifying local jurisdictions and surrounding
residents of inmate escapes and other incidents that, in the directorÂ’s
judgment, may raise local safety concerns.
     (3) Any decision made or action taken
under this section is final and is not subject to judicial review. [1999 c.982 §11]
     421.653
Judicial review. (1) Except
as provided in ORS 421.647 and notwithstanding ORS 183.400, 183.482, 183.484 or
197.825 or any other law, exclusive jurisdiction for review of the
constitutionality of ORS 421.635 to 421.651 and any decision relating to the
siting of a womenÂ’s correctional facility and intake center complex under ORS
421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2),
chapter 982, Oregon Laws 1999, is conferred upon the Supreme Court.
     (2) A person or local government adversely
affected by ORS 421.635 to 421.651 may institute a proceeding for review by
filing with the Supreme Court a petition that meets the following requirements:
     (a) The petition for review of the
constitutionality of ORS 421.635 to 421.657 and section 8 (2), chapter 982,
Oregon Laws 1999, must be filed within 21 days after August 20, 1999. The petition
must include the following:
     (A) A statement of the constitutional
provision providing a basis for the challenge.
     (B) A statement and supporting affidavit
showing how the petitioner is adversely affected.
     (b) A petition for review of a decision made
under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and
section 8 (2), chapter 982, Oregon Laws 1999, shall be filed within 21 days of
issuance of the specific decision on which the petition is based.
     (3) The petitioner shall serve a copy of
the petition by registered or certified mail upon the Department of Corrections
and the Attorney General.
     (4) A petition filed under subsection
(2)(b) of this section shall state the nature of the decision the petitioner
desires reviewed and in what manner the decision below rejected the position
raised by the petitioner.
     (5) Within 30 days after service of the
petition under subsection (2)(a) of this section, the department shall transmit
to the Supreme Court, or a special master it designates, the original or a
certified copy of the entire record and any findings that may have been made.
The court shall not substitute its judgment for that of the Governor or the
Director of the Department of Corrections as to any issue of fact or issue
within executive branch discretion.
     (6) If the petition is filed under
subsection (2)(b) of this section, the record shall include only:
     (a) The director’s final report prepared
under ORS 421.641.
     (b) The conditions, if any, on the
proposed site.
     (c) The transcript of the hearing before
the department. However, on motion of the director, the Supreme Court may limit
the transcript to those matters in which the petitioner is interested as
provided in subsection (2)(b) of this section.
     (d) Evidence submitted by the petitioner
to the director, but on motion of any party to the judicial review, the Supreme
Court may supplement the record with additional materials from the hearing
before the director.
     (7) Upon review, the Supreme Court may
reverse or remand a decision made under ORS 421.637, 421.641, 421.643, 421.645
(8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, if
the Supreme Court finds the director, Department of Corrections or the
Governor:
     (a) Exceeded the statutory or
constitutional authority of the decision maker; or
     (b) Made a decision not supported by
substantial evidence. For purposes of this subsection, “substantial evidence”
means evidence that, taken in isolation, a reasonable mind could accept as
adequate to support a conclusion. The substantiality of the evidence shall not
be evaluated by considering the whole record.
     (8) Proceedings for review under this
section shall be given priority over all other matters before the Supreme
Court. [1999 c.982 §12]
     421.655
Proceedings for review; consolidation; priority. (1) To the extent practicable, the
appropriate court shall consolidate any proceedings for review under ORS
421.635 to 421.657.
     (2) A circuit court, the Court of Appeals
and the Supreme Court shall give proceedings for review under ORS 421.635 to
421.657, and all appeals therefrom, priority over all other matters before the
court.
     (3) Except for proceedings on a petition
for a writ of mandamus under ORS 421.645 (1) to (7), the circuit court may not
issue an injunction or a stay in a proceeding under ORS 421.635 to 421.657. [1999
c.982 §13]
     421.657
Condemnation of property.
The condemnation of any real property required under ORS 421.635 to 421.657 and
section 8 (2), chapter 982, Oregon Laws 1999, by the Department of Corrections,
or on behalf of the department, shall be conducted according to the applicable
provisions of ORS chapter 35. Amounts paid in just compensation for condemned
real property shall be determined according to ORS 35.346. [1999 c.982 §14]
     421.705 [Formerly 421.080; 1965 c.616 §75; 1983
c.505 §8; repealed by 1987 c.320 §246]
     421.710 [Formerly 421.083; 1983 c.505 §9; repealed
by 1987 c.320 §246]
BRANCH
INSTITUTIONS
     421.805
Siting of branch institutions.
The Department of Corrections may establish and operate institutions, other
domiciliary facilities or branches of existing Department of Corrections
institutions or domiciliary facilities. Siting of such institutions, branches
or domiciliary facilities must be done in accordance with statutes governing
the siting or locating of correctional institutions. The institutions, branches
or facilities shall be used for the care and custody of inmates assigned
thereto and shall be operated to facilitate the return of the inmates to
society. [1969 c.580 §2; 1983 c.740 §148; 1987 c.320 §209]
     Note: 421.805 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 421 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
PENALTIES
     421.990
Penalties. (1) Violation of
ORS 421.340 is punishable upon conviction by a fine not exceeding $1,000 or by
imprisonment in the county jail for a term not exceeding one year, or both.
     (2) Violation of ORS 421.105 (2) is
punishable in the same manner as if the individual injured unlawfully was not
convicted or sentenced. [Amended by 1965 c.616 §76; 1981 c.380 §3; 1997 c.851 §13;
1999 c.955 §25]
_______________
CHAPTER 422
[Reserved for expansion]
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