2007 Oregon Code - Chapter 423 :: Chapter 423 - Corrections and Crime Control Administration and Programs
Chapter 423 —
Corrections and Crime Control Administration and Programs
2007 EDITION
CORRECTIONS AND CRIME CONTROL
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
(Temporary provisions relating to provision
of correctional services in facility located in another
state are compiled as notes preceding ORS
423.010)
GENERAL PROVISIONS
423.010Â Â Â Â Definitions
for ORS 423.010 to 423.070
423.020Â Â Â Â Department
of Corrections; duties and powers; fees
423.030Â Â Â Â Department
not limited by ORS 423.020
423.035Â Â Â Â Application
of ORS 409.710 (1)
423.070Â Â Â Â Deposit
and disbursement of funds received under Western Interstate Corrections Compact
423.075Â Â Â Â Director;
appointment; duties; rules
423.076Â Â Â Â DirectorÂ’s
authority to grant peace officer power to corrections officer
423.078Â Â Â Â Visitors;
visiting status; administrative review of status changes; rules
423.085Â Â Â Â Administrator
of Correctional Education
423.090Â Â Â Â Establishment
or designation of diagnostic facilities
423.093Â Â Â Â Reimbursement
of expenses from prisoner; limitation
423.097Â Â Â Â Department
of Corrections Account
423.100Â Â Â Â Revolving
fund
CORRECTIONS OMBUDSMAN
423.400Â Â Â Â Office
established; appointment by Governor
423.405Â Â Â Â Qualifications
for office; prohibited activities
423.410Â Â Â Â Term;
reappointment
423.415Â Â Â Â Deputy
and additional officers and employees
423.420Â Â Â Â General
duties and powers; rules
423.425Â Â Â Â Investigatory
authority
423.430Â Â Â Â Investigative
priority; confidentiality of matters; charging fees prohibited
423.435Â Â Â Â Recommendations
following investigation; notice from Department of Corrections of action taken;
notice to Legislative Assembly of recommended statutory changes
423.440Â Â Â Â Letters
between ombudsman and persons in custody; immunity of complainants and
ombudsman; privilege against giving evidence or testifying
423.445Â Â Â Â Witness
rights; fees; expenses of state agency personnel
423.450Â Â Â Â Contempt
proceedings against person interfering with ombudsman
COMMUNITY CORRECTIONS
423.475Â Â Â Â Findings
423.478Â Â Â Â Duties
of department and counties; authority of county supervisory authority
423.483Â Â Â Â Baseline
funding; basis on which county can discontinue participation
423.500Â Â Â Â Definitions
for ORS 423.500 to 423.560
423.505Â Â Â Â Legislative
policy on program funding
423.520Â Â Â Â Financial
grants to counties from Department of Corrections
423.525Â Â Â Â Application
for financial aid; review of application; rules for program evaluation; use of
funds; community corrections manager; modification of plan
423.530Â Â Â Â Procedure
for determining amount of financial grants; rules
423.535Â Â Â Â Biennial
community corrections plan required; county authority to contract for services
423.540Â Â Â Â Program
compliance review by Director of Department of Corrections; effect of failure
to comply
423.549Â Â Â Â State
positions in community corrections branch; abolishment; county authority;
affected employees; pay
423.555Â Â Â Â Statewide
program evaluation and information system
423.560Â Â Â Â Local
public safety coordinating council; duties
423.565Â Â Â Â Additional
duties of public safety coordinating council
423.569Â Â Â Â Annual
summary
PAYMENTS BY SUPERVISED PERSON
423.570Â Â Â Â Monthly
fee payable by person on supervised release; use; payment as condition of
release; waiver
(Temporary provisions relating to provision
of correctional services in facility located in another
state)
     Note: Sections 1 to 3, chapter 422, Oregon Laws 2003,
provide:
     Sec.
1. (1) The Department of
Corrections may enter into a contract with a public entity for the provision of
correctional services in a correctional facility that is located in another
state if the facility is suitable for the confinement and care of persons
committed to the legal and physical custody of the department.
     (2) Contracts entered into under
subsection (1) of this section are exempt from the provisions of ORS chapter
279 [chapter became ORS 279.835 to 279.855] and sections 1 to 46 [ORS chapter
279A], 47 to 87 [ORS chapter 279B] and 88 to 179 [ORS chapter 279C] of this
2003 Act.
     (3)(a) After entering into a contract
under subsection (1) of this section, the department:
     (A) May convey a person committed to the
legal and physical custody of the department to a correctional facility owned
or operated by the public entity with whom the department has contracted; and
     (B) May transfer physical custody of the
person to the custodial authorities of the facility.
     (b) A person whose physical custody is
transferred under this subsection shall be confined in the correctional
facility to which the person was conveyed until:
     (A) The person’s sentence has expired or
the person is otherwise discharged by law; or
     (B) The department directs that the
person:
     (i) Be returned to the physical custody of
the department; or
     (ii) Be conveyed to another correctional
facility.
     (c) Except as otherwise provided in the
contract entered into under subsection (1) of this section, a person whose
physical custody is transferred under this subsection is subject to the
operational policies and procedures of the correctional facility to which the
person is transferred, including but not limited to policies and procedures for
the conduct and discipline of persons incarcerated in the correctional
facility.
     (4) When a contract under subsection (1)
of this section expires, the department shall return all persons confined in a
correctional facility pursuant to the contract to the physical custody of the
department or convey the persons to another correctional facility pursuant to
another contract. [2003 c.422 §1; 2003 c.794 §331b]
     Sec.
2. The Department of
Corrections may not enter into a contract under section 1 of this 2003 Act
unless the department:
     (1) Evaluates the availability and cost of
correctional facilities in this state considering constitutional requirements,
state law requirements and the availability of programs that enhance the
likelihood of offenders successfully functioning in society upon release; and
     (2) Determines that appropriate
correctional facilities are not available in this state. [2003 c.422 §2]
     Sec.
3. Sections 1 and 2 of this
2003 Act are repealed on December 31, 2009. [2003 c.422 §3]
GENERAL
PROVISIONS
     423.010
Definitions for ORS 423.010 to 423.070. As used in ORS 423.010 to 423.070, unless the context requires
otherwise:
     (1) “Department” means the Department of
Corrections.
     (2) “Department of Corrections
institutions” has the meaning given that term in ORS 421.005.
     (3) “Director” means the Director of the
Department of Corrections. [1965 c.616 §1; 1969 c.597 §96; 1983 c.505 §13; 1987
c.320 §210; 1997 c.249 §135; 2001 c.295 §15; 2007 c.71 §115]
     423.020
Department of Corrections; duties and powers; fees. (1) The Department of Corrections is
created. The department shall:
     (a) Supervise the management and
administration of the Department of Corrections institutions, parole and
probation services, community corrections and other functions related to state
programs for corrections;
     (b) Carry out legally mandated sanctions
for the punishment of persons committed to its jurisdiction by the courts of
this state;
     (c) Exercise custody over those persons
sentenced to a period of incarceration until such time as a lawful release
authority authorizes their release;
     (d) Provide adequate food, clothing,
health and medical care, sanitation and security for persons confined;
     (e) Provide persons who are motivated,
capable and cooperative with opportunities for self-improvement and work;
     (f) Conduct investigations and prepare
reports for release authorities; and
     (g) Supervise persons sentenced or placed
in the community for the period of time specified and in accordance with
conditions of supervision ordered by the release authority.
     (2) The Department of Corrections may
provide consultation services related to the criminal justice system to local
or statewide public or private agencies, groups, and individuals, or initiate
such consultation services. Consultation services shall include, but not be
limited to, conducting studies and surveys, sponsoring or participating in
educational programs, and advising and assisting these agencies, groups or
individuals. Nothing in chapter 320, Oregon Laws 1987, is intended to diminish
the stateÂ’s efforts to plan, evaluate and deliver effective human services
programs to offenders, either in an institution or on probation or parole.
Therefore, the Department of Corrections and the Department of Human Services
shall continue to jointly develop and implement needed social and
rehabilitative services, including services for inmates housed in regional
minimum security facilities.
     (3) The Department of Corrections shall be
the recipient of all federal funds paid or to be paid to the state to enable
the state to provide corrections programs and services assigned to the
Department of Human Services before June 15, 1987.
     (4) Notwithstanding any other provision of
law, the department may charge a person confined in a Department of Corrections
institution a reasonable health care fee for any health care services,
medications and equipment provided the person during the personÂ’s confinement
if the department:
     (a) Provides necessary medical care
regardless of the personÂ’s ability to pay;
     (b) Provides equal treatment to all
persons confined in a department institution regardless of a personÂ’s ability
to pay;
     (c) Establishes a system that notifies the
person of the fees and what services are covered; and
     (d) Establishes a grievance system that
allows a person to challenge the deduction of a fee from the personÂ’s account.
     (5) The department may provide ordinary
medical, dental, psychiatric, psychological, hygienic or other remedial care
and treatment for a person under 18 years of age who is confined in a
Department of Corrections institution and, in an emergency in which the safety
of the person appears urgently to require it, may authorize surgery or other
extraordinary care. [1965 c.616 §2; 1967 c.352 §1; 1967 c.585 §6; 1969 c.597 §98;
1971 c.401 §107; 1987 c.320 §1; 1995 c.523 §2; 2001 c.195 §1]
     Note: The Legislative Counsel has not, pursuant to
173.160, undertaken to substitute specific ORS references for the words “chapter
320, Oregon Laws 1987.” Chapter 320, Oregon Laws 1987, enacted into law and
amended the ORS sections which may be found by referring to the 1987
Comparative Section Table located in Volume 20 of Oregon Revised Statutes.
     423.025 [1969 c.597 §§97,137; repealed by 1971 c.319
§11]
     423.027 [1969 c.597 §111; 1975 c.605 §21; repealed
by 1985 c.565 §66]
     423.030
Department not limited by ORS 423.020. The enumeration of duties, functions and powers in ORS 423.020 is not
exclusive nor intended as a limitation on the powers and authority vested in
the Department of Corrections by other provisions of law. [1965 c.616 §3; 1969
c.597 §99; 1987 c.320 §211]
     423.035
Application of ORS 409.710 (1).
ORS 409.710 (1) applies to the Department of Corrections. [Derived from 1987
c.781 §2]
     Note: 423.035 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 423 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     423.040 [1965 c.616 §4; 1967 c.7 §39; 1969 c.597 §100;
1971 c.319 §7; repealed by 1987 c.320 §246]
     423.050 [1965 c.616 §5; repealed by 1987 c.320 §246]
     423.060 [1965 c.616 §6; 1969 c.597 §101; repealed by
1987 c.320 §246]
     423.070
Deposit and disbursement of funds received under Western Interstate Corrections
Compact. All funds received
by this state or by the Department of Corrections under a lawful contract with
another party to the Western Interstate Corrections Compact made in compliance
with Article III thereof, shall be paid into the State Treasury. The Director
of the Department of Corrections shall expend these funds in compliance with
the contract. [Formerly 179.122; 1987 c.320 §212]
     423.075
Director; appointment; duties; rules. (1) The Department of Corrections shall be under the supervision and
control of a director who is responsible for providing for programs for the
delivery to the public of the services assigned to the department, and for
undertaking long-range planning necessary for the effective and efficient
delivery of these services.
     (2) The Governor shall appoint the
director for a term of four years, but the director may be removed at any time
during such term at the pleasure of the Governor. The appointment of the
director is subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565.
     (3) The director shall receive such salary
as may be provided by law or, if not so provided, as may be fixed by the
Governor, and shall be reimbursed for all expenses actually and necessarily
incurred by the director in the performance of official duties.
     (4) The director may appoint a deputy
director, whose appointment is subject to approval by the Governor and who
shall serve at the pleasure of the director. The deputy director shall have
full authority to act for the director, subject to directions of the director.
The appointment of the deputy director shall be by written order, filed with
the Secretary of State.
     (5) The Director of the Department of
Corrections shall:
     (a) For purposes of administration and
control, and with the approval of the Governor, organize and reorganize the
department in whatever manner the director deems necessary to conduct the work
of the department.
     (b) Appoint all subordinate
superintendents, officers and employees, whether classified or unclassified, of
the department, prescribe their duties and fix their compensation, subject to
applicable provisions of the State Personnel Relations Law.
     (c) Delegate to departmental employees
such responsibilities and authority as the director determines to be necessary.
     (d) Provide for the safety of all
prisoners in the custody of the department and may adopt rules for the
government and administration of the department. [1987 c.320 §§2,3]
     423.076
DirectorÂ’s authority to grant peace officer power to corrections officer. (1) The Director of the Department of
Corrections may grant to an individual corrections officer or classification of
corrections officer all the powers and authority of a peace officer over
inmates.
     (2) A corrections officer granted the
authority of a peace officer under subsection (1) of this section shall have
the authority to:
     (a) Prevent an escape from the grounds of
a correctional facility by an inmate; and
     (b) Go beyond the grounds of a
correctional facility to:
     (A) Pursue an inmate if the inmate is in
the act of escaping from a correctional facility;
     (B) Search for an inmate if the inmate is
in the act of escaping from a correctional facility; and
     (C) Recapture an inmate if the inmate is
in the act of escaping from a correctional facility.
     (3) A corrections officer who has been
granted the authority of a peace officer under subsection (1) of this section
shall retain the authority until the law enforcement agency having general
jurisdiction over the area in which the escape or attempted escape of the
inmate took place assumes responsibility for recapture of the inmate.
     (4) The Department of Corrections shall
inform the appropriate law enforcement agency of an escape or attempted escape
of an inmate as soon as is reasonably practicable.
     (5) As used in this section, “inmate” means
a person sentenced to a period of incarceration in a prison or other
correctional facility until such time as a lawful release authority authorizes
the release of the person. [1991 c.879 §1]
     423.078
Visitors; visiting status; administrative review of status changes; rules. The Department of Corrections shall
establish by rule an internal procedure for administrative review of decisions
to revoke or restrict an approved visitorÂ’s visiting status within a department
facility. The department shall include in the internal procedure established
under this section an opportunity for the person to obtain final administrative
review of the disputed action from a department official who is assigned to the
department’s central administration. [1999 c.679 §2]
     423.080 [1967 c.564 §§8,9; repealed by 1969 c.597 §281]
     423.085
Administrator of Correctional Education. (1) The Director of the Department of Corrections shall appoint an
unclassified employee to the position of Administrator of Correctional
Education.
     (2) The Administrator of Correctional
Education shall be employed full-time with authority over, and responsibility
for, statewide corrections education programs. The administrator shall:
     (a) Plan, design and implement the
correctional education system required in ORS 421.081; and
     (b) Recommend to the Director of the
Department of Corrections rules as necessary to carry out the responsibilities
of the office of Administrator of Correctional Education.
     (3)(a) The Department of Corrections,
through the Administrator of Correctional Education, may negotiate contracts
with organizations and agencies to implement the provisions of ORS 421.081 and
421.084 and this section. The Department of Corrections, in discharging its
duties under this section, shall honor provisions of existing collective
bargaining agreements with current employees of the department that provide for
contracting out.
     (b) All moneys appropriated to the
Department of Corrections for general, professional and technical education
instruction shall be expended only for those purposes. [1977 c.435 §7; 1987
c.320 §213; 1989 c.363 §4; 1991 c.855 §1; 2007 c.15 §4]
     423.090
Establishment or designation of diagnostic facilities. The Department of Corrections may establish
or designate facilities to be used for diagnostic purposes for such categories
of persons as the department may by rule assign to the facility. Such
assignments shall not exceed 60 days in duration. [1967 c.585 §1; 1987 c.320 §214]
     423.093
Reimbursement of expenses from prisoner; limitation. Neither the Department of Corrections nor
any city or county may seek reimbursement for expenses incurred in safekeeping
and maintaining prisoners through a counterclaim or request for setoff in an
action by a person against the department or the county or city. [2001 c.641 §4]
     423.097
Department of Corrections Account. (1) The Department of Corrections Account is established in the
General Fund of the State Treasury. Except for moneys otherwise designated by
statute, all fees, assessments, proceeds from the issuance of certificates of
participation and other moneys received by the Department of Corrections shall
be paid into the State Treasury and credited to the account. All moneys in the
account are continuously appropriated to the department for purposes authorized
by law.
     (2) The department shall keep a record of
all moneys deposited in the account. The record shall indicate by separate
cumulative accounts the sources from which the moneys are derived and the
individual activity or program against which each withdrawal is charged.
     (3) The department may accept gifts,
grants and donations from any source to carry out the duties imposed upon the
department. [1999 c.909 §10]
     423.100
Revolving fund. (1) On
written request of the Department of Corrections, the Oregon Department of
Administrative Services shall establish a revolving fund of not to exceed
$15,000, including unreimbursed advances, by drawing warrants on amounts
appropriated to the Department of Corrections for operating expenses. The
revolving fund shall be deposited with the State Treasurer, to be held in a
special account against which the department may draw checks.
     (2) The revolving fund established under
subsection (1) of this section may be used by the department to pay for:
     (a) Travel expenses for employees of the
department and for any consultants or advisors for whom payment of travel
expenses is authorized by law, or advances therefor;
     (b) Purchases not exceeding $100 each,
which may be required from time to time;
     (c) Receipt or disbursement of federal
funds available under federal law;
     (d) Emergency expenses of indigent inmates
released on any form of temporary release or transitional leave; or
     (e) Settlement of legal claims against the
department in cases where immediate payment is necessary or advisable.
     (3) The revolving fund shall be reimbursed
by warrants drawn by the Oregon Department of Administrative Services upon the
verified claims of the department charged against the appropriate fund or
account. [1973 c.818 §5; 1974 c.13 §6; 1987 c.320 §215; 1989 c.790 §64]
     423.205 [1969 c.177 §7; repealed by 1985 c.44 §2 and
1985 c.558 §9]
     423.210 [1967 c.572 §1; 1969 c.177 §4; repealed by
1985 c.44 §2 and 1985 c.558 §9]
     423.220 [1967 c.572 §2; 1969 c.177 §1; 1973 c.212 §1;
1973 c.792 §15; repealed by 1985 c.44 §2 and 1985 c.558 §9]
     423.230 [1967 c.572 §3; 1969 c.177 §2; repealed by
1985 c.44 §2 and 1985 c.558 §9]
     423.240 [1967 c.572 §4; 1969 c.177 §3; repealed by
1985 c.44 §2 and 1985 c.558 §9]
     423.280 [1967 c.572 §5; repealed by 1985 c.44 §2 and
1985 c.558 §9]
     423.310 [1967 c.534 §7; 1971 c.401 §108; 1981 c.171 §3;
renumbered 419A.044 in 1997]
     423.315 [1981 c.171 §2; renumbered 419A.045 in 1997]
     423.320 [1967 c.534 §8; 1971 c.401 §109; repealed by
1981 c.171 §7]
     423.330 [1969 c.498 §2; 1971 c.429 §2; 1981 c.171 §4;
renumbered 419A.046 in 1997]
     423.340 [1969 c.498 §3; 1971 c.429 §3; 1981 c.171 §5;
renumbered 419A.047 in 1997]
     423.350 [1969 c.498 §4; 1971 c.401 §110; 1971 c.429 §1;
1981 c.171 §6; renumbered 419A.048 in 1997]
     423.360 [1969 c.498 §5; 1971 c.401 §111; repealed by
1981 c.171 §7]
CORRECTIONS
OMBUDSMAN
     423.400
Office established; appointment by Governor. The office of Corrections Ombudsman is established in the office of
the Governor. The Governor shall appoint the Corrections Ombudsman. [1977 c.378
§1]
     423.405
Qualifications for office; prohibited activities. (1) The Corrections Ombudsman shall be a
person of recognized judgment, objectivity and integrity who is qualified by
training and experience to analyze problems of law enforcement, corrections
administration and public policy.
     (2) No person while serving as Corrections
Ombudsman shall:
     (a) Be actively involved in political
party activities;
     (b) Be a candidate for or hold other
public office, whether elective or appointive; or
     (c) Be engaged in any other full-time
occupation, business or profession. [1977 c.378 §2]
     423.410
Term; reappointment. The
Corrections Ombudsman shall serve at the pleasure of the Governor for a term of
four years. The Corrections Ombudsman may be reappointed for additional terms. [1977
c.378 §3]
     423.415
Deputy and additional officers and employees. The Corrections Ombudsman may appoint a Deputy Ombudsman and any other
subordinate officers and employees necessary to the performance of the duties
of the ombudsman and shall prescribe their duties and fix their compensation. [1977
c.378 §4]
     423.420
General duties and powers; rules. The Corrections Ombudsman shall have the power:
     (1) To investigate, on complaint or on the
ombudsmanÂ’s own motion, any action by the Department of Corrections or any
employee thereof without regard to its finality;
     (2) To adopt rules required for the
discharge of the duties of office, including procedures for receiving and processing
complaints, conducting investigations, and reporting findings, not inconsistent
with ORS 423.400 to 423.450;
     (3) To examine by subpoena the records and
documents of the Department of Corrections or any employee thereof;
     (4) To enter and inspect without notice
any premises under the jurisdiction of the Department of Corrections;
     (5) To subpoena any person to appear, to
give sworn testimony or to produce documentary or other evidence that is
reasonably material to an inquiry;
     (6) To undertake, participate in or
cooperate with persons and agencies in such conferences, inquiries, meetings or
studies as might lead to improvements in the functioning of the Department of
Corrections;
     (7) To bring suit in the Circuit Court for
     (8) To establish and administer a budget
for the office; and
     (9) To strengthen procedures and practices
which lessen the possibility that objectionable corrections actions will occur.
[1977 c.378 §5; 1987 c.320 §216]
     423.425
Investigatory authority. (1)
The Corrections Ombudsman shall investigate, on complaint or on the ombudsmanÂ’s
own motion, any corrections action that is or is alleged to be:
     (a) Contrary to or inconsistent with law
or Department of Corrections practice;
     (b) Based on mistaken facts or irrelevant
considerations;
     (c) Inadequately explained when reasons
should have been revealed;
     (d) Inefficiently performed; or
     (e) Unreasonable, unfair, or otherwise
objectionable, even though in accordance with law.
     (2) Notwithstanding subsection (1) of this
section, the Corrections Ombudsman may decide not to investigate because:
     (a) The complainant could reasonably be
expected to use a different administrative remedy or action;
     (b) The complaint is trivial, frivolous,
vexatious or not made in good faith; or
     (c) The complaint has been too long
delayed to justify present examination. [1977 c.378 §6; 1987 c.320 §217]
     423.430
Investigative priority; confidentiality of matters; charging fees prohibited. The Corrections Ombudsman shall:
     (1) Give priority to investigating
administrative actions that are not otherwise reviewable by either
administrative or judicial action;
     (2) Treat confidentially all matters and
the identities of the complainants or witnesses coming before the ombudsman;
and
     (3) Not levy any fees for the submission
or investigation of complaints. [1977 c.378 §7]
     423.435
Recommendations following investigation; notice from Department of Corrections
of action taken; notice to Legislative Assembly of recommended statutory
changes. (1) After
investigation of any action, the Corrections Ombudsman shall state the
recommendations and reasons if, in the ombudsmanÂ’s opinion, the Department of
Corrections or any employee thereof should:
     (a) Consider the matter further;
     (b) Modify or cancel any action;
     (c) Alter a rule, practice or ruling;
     (d) Explain more fully the administrative
action in question;
     (e) Rectify an omission; or
     (f) Take any other action.
     (2) If the Corrections Ombudsman so
requests, the Department of Corrections shall, within the time specified,
inform the ombudsman about the action taken on the recommendations or the
reasons for not complying with them. After a reasonable period of time has
elapsed, the Corrections Ombudsman may issue a report.
     (3) If the Corrections Ombudsman believes
that any action has been dictated by laws whose results are unfair or otherwise
objectionable, and could be revised by legislative action, the ombudsman shall
bring to notice of the Legislative Assembly any views concerning desirable
statutory change. [1977 c.378 §8; 1987 c.320 §218]
     423.440
Letters between ombudsman and persons in custody; immunity of complainants and
ombudsman; privilege against giving evidence or testifying. (1) A letter to the Corrections Ombudsman
from a person held in custody, including by detention, incarceration and
hospitalization, by the Department of Corrections shall be forwarded
immediately, unopened, to the Corrections Ombudsman. A letter from the
Corrections Ombudsman to such person shall be immediately delivered, unopened,
to the person.
     (2) No person who files a complaint
pursuant to ORS 423.400 to 423.450 shall be subject to any penalties, sanctions
or restrictions because of such complaint.
     (3) The Corrections Ombudsman and the
staff of the office shall have the same immunities from civil and criminal
liabilities as a judge of this state.
     (4) The Corrections Ombudsman and the
staff of the ombudsman shall not be compelled to testify or produce evidence in
any judicial or administrative proceeding with respect to any matter involving
the exercise of their official duties except as may be necessary to enforce ORS
423.400 to 423.450. [1977 c.378 §9; 1987 c.320 §219]
     423.445
Witness rights; fees; expenses of state agency personnel. (1) Any person required to testify under ORS
423.400 to 423.450 shall be accorded the same privileges and immunities,
receive the same fees and mileage and be subject to the same penalties provided
in ORS 183.440.
     (2) The fees and mileage shall be paid by
warrant upon the State Treasurer upon the certificate of the Corrections
Ombudsman. No tender of witness fees or mileage in advance shall be necessary.
     (3) Notwithstanding subsection (1) of this
section, a representative of a state agency shall receive actual necessary
traveling expenses only. [1977 c.378 §10]
     423.450
Contempt proceedings against person interfering with ombudsman. If any person willfully obstructs or hinders
the proper and lawful exercise of the Corrections OmbudsmanÂ’s powers, or willfully
misleads or attempts to mislead the Corrections Ombudsman in inquiries under
ORS 423.400 to 423.450, the judge of the Circuit Court for Marion County, on
application of the ombudsman, shall compel obedience by proceedings for
contempt as in the case of disobedience of the requirements of a subpoena
issued from such court or a refusal to testify therein. [1977 c.378 §11]
COMMUNITY
CORRECTIONS
     423.475
Findings. The Legislative
Assembly finds and declares that:
     (1) Passage by the voters of chapter 2, Oregon
Laws 1995, has created mandatory minimum penalties for certain violent
offenses, and the probable effect thereof will be a significant increase in the
demands placed on state secure facilities.
     (2) These demands are a shared
responsibility of the State of
     (3) Counties are willing, in the context
of a partnership with the state, to assume responsibility for felony offenders
sentenced to a term of incarceration of 12 months or less.
     (4) Under the terms of the partnership
agreement, the counties agree to assume responsibility for the offenders
described in subsection (3) of this section, subject to the state agreeing to
provide adequate funding to the counties for this responsibility.
     (5) The amendments to statutes made by
sections 1a to 5, 7, 8, 9a, 9b, 9c, 10 to 14, 17 to 19 and 22 to 29, chapter
423, Oregon Laws 1995, and the provisions of ORS 423.478, 423.483 and 423.549
and section 5a, chapter 423, Oregon Laws 1995, are intended to acknowledge and
implement the terms of the partnership between the state and the counties. [1995
c.423 §1]
     423.478
Duties of department and counties; authority of county supervisory authority. (1) The Department of Corrections shall:
     (a) Operate prisons for offenders
sentenced to terms of incarceration for more than 12 months;
     (b) Provide central information and data
services sufficient to:
     (A) Allow tracking of offenders; and
     (B) Permit analysis of correlations
between sanctions, supervision, services and programs, and future criminal
conduct; and
     (c) Provide interstate compact
administration and jail inspections.
     (2) Subject to ORS 423.483, the county, in
partnership with the department, shall assume responsibility for
community-based supervision, sanctions and services for offenders convicted of
felonies who are:
     (a) On parole;
     (b) On probation;
     (c) On post-prison supervision;
     (d) Sentenced, on or after January 1,
1997, to 12 months or less incarceration;
     (e) Sanctioned, on or after January 1,
1997, by a court or the State Board of Parole and Post-Prison Supervision to 12
months or less incarceration for violation of a condition of parole, probation
or post-prison supervision; and
     (f) On conditional release under ORS
420A.206.
     (3) Notwithstanding the fact that the
court has sentenced a person to a term of incarceration, when an offender is
committed to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the sentence by
imposing sanctions other than incarceration if deemed appropriate by the
supervisory authority. If the supervisory authority releases a person from
custody under this subsection and the person is required to report as a sex
offender under ORS 181.595, the supervisory authority, as a condition of
release, shall order the person to report to the Department of State Police, a
chief of police or a county sheriff or to the supervising agency, if any:
     (a) When the person is released;
     (b) Within 10 days of a change of
residence;
     (c) Once each year within 10 days of the
personÂ’s birth date;
     (d) Within 10 days of the first day the
person works at, carries on a vocation at or attends an institution of higher
education; and
     (e) Within 10 days of a change in work,
vocation or attendance status at an institution of higher education.
     (4) As used in this section, “attends,” “institution
of higher education,” “works” and “carries on a vocation” have the meanings
given those terms in ORS 181.594. [1995 c.423 §9; 1997 c.313 §33; 1997 c.433 §9;
1999 c.156 §1; 1999 c.626 §21; amendments by 1999 c.626 §44 repealed by 2001
c.884 §1; 2005 c.567 §12]
     423.483
Baseline funding; basis on which county can discontinue participation. (1) The baseline funding for biennia
beginning after June 30, 1999, is the current service level for the expenses of
providing management, support services, supervision and sanctions for offenders
described in ORS 423.478 (2). At a minimum, each bienniumÂ’s appropriation must
be established at this baseline.
     (2) If the total state community
corrections appropriation is less than the baseline calculated under subsection
(1) of this section, a county may discontinue participation by written
notification to the director 180 days prior to implementation of the change. If
a county discontinues participation, the responsibility for correctional
services transferred to the county, and the portion of funding made available
to the county under ORS 423.530 reverts to the Department of Corrections. In no
case does responsibility for supervision and provision of correctional services
to misdemeanor offenders revert to the department.
     (3) As used in this section, “current
service level” means the calculated cost of continuing current legislatively
funded programs, phased in programs and increased caseloads minus one-time
costs, decreased caseloads, phased out programs and pilot programs with the
remainder adjusted for inflation as determined by the Legislative Assembly in
its biennial appropriation to the Department of Corrections. [1995 c.423 §6;
1999 c.952 §1]
     423.500
Definitions for ORS 423.500 to 423.560. As used in ORS 423.500 to 423.560, unless the context requires
otherwise:
     (1) “Director” means the Director of the
Department of Corrections.
     (2) “Department” means the Department of
Corrections.
     (3) “Plan” means the biennial community
corrections plan required by ORS 423.535. [1977 c.412 §1a; 1979 c.160 §2; 1987
c.320 §220; 1995 c.423 §1a]
     423.505
Legislative policy on program funding. Because counties are in the best position for the management,
oversight and administration of local criminal justice matters and for
determining local resource priorities, it is declared to be the legislative
policy of this state to establish an ongoing partnership between the state and
counties and to finance with appropriations from the General Fund statewide
community correction programs on a continuing basis. The intended purposes of
this program are to:
     (1) Provide appropriate sentencing and
sanctioning options including incarceration, community supervision and
services;
     (2) Provide improved local services for
persons charged with criminal offenses with the goal of reducing the occurrence
of repeat criminal offenses;
     (3) Promote local control and management
of community corrections programs;
     (4) Promote the use of the most effective
criminal sanctions necessary to protect public safety, administer punishment to
the offender and rehabilitate the offender;
     (5) Enhance, increase and support the
state and county partnership in the management of offenders; and
     (6) Enhance, increase and encourage a
greater role for local government and the local criminal justice system in the
planning and implementation of local public safety policies. [1977 c.412 §1;
1989 c.607 §1; 1995 c.423 §2]
     423.510 [1977 c.412 §2; 1985 c.44 §3; 1985 c.558 §7;
repealed by 1995 c.423 §31]
     423.515 [1977 c.412 §4; 1987 c.320 §220a; repealed
by 1995 c.423 §31]
     423.520
Financial grants to counties from Department of Corrections. The Department of Corrections shall make
grants to assist counties in the implementation and operation of community
corrections programs including, but not limited to, preventive or diversionary
correctional programs, probation, parole, work release and local correctional
facilities and programs for offenders. The department shall require recipients
of the grants to cooperate, to the extent of available information systems
resources, in the collection and sharing of data necessary to evaluate the
effect of community corrections programs on future criminal conduct. [1977
c.412 §5; 1987 c.320 §221; 1995 c.423 §3; 1997 c.433 §10]
     423.525
Application for financial aid; review of application; rules for program
evaluation; use of funds; community corrections manager; modification of plan. (1) A county, group of counties or
intergovernmental corrections entity shall apply to the Director of the
Department of Corrections in a manner and form prescribed by the director for
funding made available under ORS 423.500 to 423.560. The application shall
include a community corrections plan. The Department of Corrections shall
provide consultation and technical assistance to counties to aid in the
development and implementation of community corrections plans.
     (2)(a) From July 1, 1995, until June 30,
1999, a county, group of counties or intergovernmental corrections entity may
make application requesting funding for the construction, acquisition,
expansion or remodeling of correctional facilities to serve the county, group
of counties or intergovernmental corrections entity. The department shall
review the application for funding of correctional facilities in accordance
with criteria that consider design, cost, capacity, need, operating efficiency
and viability based on the countyÂ’s, group of countiesÂ’ or intergovernmental
corrections entityÂ’s ability to provide for ongoing operations.
     (b)(A) If the application is approved, the
department shall present the application with a request to finance the facility
with financing agreements to the State Treasurer and the Director of the Oregon
Department of Administrative Services. Except as otherwise provided in
subparagraph (B) of this paragraph, upon approval of the request by the State
Treasurer and the Director of the Oregon Department of Administrative Services,
the facility may be financed with financing agreements, and certificates of
participation issued pursuant thereto, as provided in ORS 283.085 to 283.092.
All decisions approving or denying applications and requests for financing
under this section are final. No such decision is subject to judicial review of
any kind.
     (B) If requests to finance county
correctional facility projects are submitted after February 22, 1996, and the
requests have not been approved by the department on the date a session of the
Legislative Assembly convenes, the requests are also subject to the approval of
the Legislative Assembly.
     (c) After approval but prior to the
solicitation of bids or proposals for the construction of a project, the
county, group of counties or intergovernmental corrections entity and the
department shall enter into a written agreement that determines the procedures,
and the parties responsible, for the awarding of contracts and the
administration of the construction project for the approved correctional
facility. If the parties are unable to agree on the terms of the written
agreement, the Governor shall decide the terms of the agreement. The GovernorÂ’s
decision is final.
     (d) After approval of a construction
project, the administration of the project shall be conducted as provided in
the agreement required by paragraph (c) of this subsection. The agreement must
require at a minimum that the county, group of counties or intergovernmental
corrections entity shall submit to the department any change order or
alteration of the design of the project that, singly or in the aggregate,
reduces the capacity of the correctional facility or materially changes the
services or functions of the project. The change order or alteration is not
effective until approved by the department. In reviewing the change order or
alteration, the department shall consider whether the implementation of the
change order or alteration will have any material adverse impact on the parties
to any financing agreements or the holders of any certificates of participation
issued to fund county correctional facilities under this section. In making its
decision, the department may rely on the opinions of the Department of Justice,
bond counsel or professional financial advisers.
     (3) Notwithstanding ORS 283.085, for
purposes of this section, “financing agreement” means a lease purchase
agreement, an installment sale agreement, a loan agreement or any other
agreement to finance a correctional facility described in this section, or to
refinance a previously executed financing agreement for the financing of a
correctional facility. The state is not required to own or operate a correctional
facility in order to finance it under ORS 283.085 to 283.092 and this section.
The state, an intergovernmental corrections entity, county or group of counties
may enter into any agreements, including, but not limited to, leases and
subleases, that are reasonably necessary or generally accepted by the financial
community for purposes of acquiring or securing financing as authorized by this
section. In financing county correctional facilities under this section, “property
rights” as used in ORS 283.085 includes leasehold mortgages of the state’s
rights under leases of correctional facilities from counties.
     (4) Notwithstanding any other provision of
state law, county charter or ordinance, a county may convey or lease to the
State of Oregon, acting by and through the Department of Corrections, title to
interests in, or a lease of, any real property, facilities or personal property
owned by the county for the purpose of financing the construction, acquisition,
expansion or remodeling of a correctional facility. Upon the payment of all
principal and interest on, or upon any other satisfaction of, the financing
agreement used to finance the construction, acquisition, expansion or
remodeling of a correctional facility, the state shall reconvey its interest in,
or terminate and surrender its leasehold of, the property or facilities,
including the financed construction, acquisition, expansion or remodeling, to
the county. In addition to any authority granted by ORS 283.089, for the
purposes of obtaining financing, the state may enter into agreements under
which the state may grant to trustees or lenders leases, subleases and other
security interests in county property conveyed or leased to the state under
this subsection and in the property or facilities financed by financing
agreements.
     (5) In connection with the financing of
correctional facilities, the Director of the Oregon Department of
Administrative Services may bill the Department of Corrections, and the
Department of Corrections shall pay the amounts billed, in the same manner as
provided in ORS 283.089. As required by ORS 283.091, the Department of
Corrections and the Oregon Department of Administrative Services shall include
in the GovernorÂ’s budget request to the Legislative Assembly all amounts that
will be due in each fiscal period under financing agreements for correctional
facilities. Amounts payable by the state under a financing agreement for the
construction, acquisition, expansion or remodeling of a correctional facility
are limited to available funds as defined in ORS 283.085, and no lender,
trustee, certificate holder or county has any claim or recourse against any
funds of the state other than available funds.
     (6) The director shall adopt rules that
may be necessary for the administration, evaluation and implementation of ORS
423.500 to 423.560. The standards shall be sufficiently flexible to foster the
development of new and improved supervision or rehabilitative practices and
maximize local control.
     (7) When a county assumes responsibility under
ORS 423.500 to 423.560 for correctional services previously provided by the
department, the county and the department shall enter into an intergovernmental
agreement that includes a local community corrections plan consisting of
program descriptions, budget allocation, performance objectives and methods of
evaluating each correctional service to be provided by the county. The
performance objectives must include in dominant part reducing future criminal
conduct. The methods of evaluating services must include, to the extent of
available information systems resources, the collection and analysis of data
sufficient to determine the apparent effect of the services on future criminal
conduct.
     (8) All community corrections plans shall
comply with rules adopted pursuant to ORS 423.500 to 423.560, and shall include
but need not be limited to an outline of the basic structure and the
supervision, services and local sanctions to be applied to offenders convicted
of felonies who are:
     (a) On parole;
     (b) On probation;
     (c) On post-prison supervision;
     (d) Sentenced, on or after January 1,
1997, to 12 months or less incarceration;
     (e) Sanctioned, on or after January 1,
1997, by a court or the State Board of Parole and Post-Prison Supervision to 12
months or less incarceration for a violation of a condition of parole,
probation or post-prison supervision; and
     (f) On conditional release under ORS
420A.206.
     (9) All community corrections plans shall
designate a community corrections manager of the county or counties and shall
provide that the administration of community corrections under ORS 423.500 to
423.560 shall be under such manager.
     (10) No amendment to or modification of a
county-approved community corrections plan shall be placed in effect without
prior notice to the director for purposes of statewide data collection and
reporting.
     (11) The obligation of the state to
provide funding and the scheduling for providing funding of a project approved
under this section is dependent upon the ability of the state to access public
security markets to sell financing agreements.
     (12) No later than January 1 of each
odd-numbered year, the Department of Corrections shall:
     (a) Evaluate the community corrections
policy established in ORS 423.475, 423.478, 423.483 and 423.500 to 423.560; and
     (b) Assess the effectiveness of local
revocation options. [1977 c.412 §6; 1987 c.320 §222; 1989 c.790 §65; 1995 c.79 §218;
1995 c.423 §§4,4a; 1996 c.4 §§7,8; 1997 c.433 §11; 1999 c.156 §2; 1999 c.952 §2]
     423.530
Procedure for determining amount of financial grants; rules. (1) Financial grants for community
corrections pursuant to ORS 423.500 to 423.560 consist of the Grant-in-Aid
Program. The Grant-in-Aid Program consists of moneys appropriated to the
Department of Corrections for the purposes of management, support services and
supervision of offenders described in ORS 423.478 (2). The department shall
determine, prior to July 1 of each odd-numbered year, each countyÂ’s percentage
share of the amount appropriated for the purposes of this subsection. Such
determination shall be based upon a weighted formula of workload and population
as adopted by the department by rule. In adopting the rule, the department
shall consult with a broad based committee including, but not limited to,
representatives of the Department of Corrections, local county community
corrections, county boards of commissioners and county sheriffs.
     (2) Funding received by a county pursuant
to ORS 423.500 to 423.560 approved for county corrections programs shall not be
reduced by the department except by action of the Legislative Assembly or the
Emergency Board. Such reductions shall be made proportionately using the
applicable allocation formula. [1977 c.412 §7; 1979 c.160 §1; 1985 c.708 §1;
1987 c.320 §223; 1989 c.613 §1; 1989 c.790 §66; 1993 c.680 §1; 1995 c.423 §5]
     423.535
Biennial community corrections plan required; county authority to contract for
services. (1) Prior to
receiving funds, the county shall have a biennial community corrections plan.
     (2) The county and the Department of
Corrections shall enter into an intergovernmental agreement referring to the
plan.
     (3) The county may contract with public or
private agencies including, but not limited to, other counties, cities, special
districts and public or private agencies for the provision of services to
offenders. [1977 c.412 §13; 1987 c.320 §224; 1989 c.613 §2; 1995 c.423 §7]
     423.540
Program compliance review by Director of Department of Corrections; effect of
failure to comply. The
Director of the Department of Corrections shall annually review a countyÂ’s
compliance with the intergovernmental agreement under ORS 423.500 to 423.560. A
county must substantially comply with the provisions of its community
corrections intergovernmental agreement and plan established pursuant to ORS
423.525 (7). If the director determines that there are reasonable grounds to
believe that a county is not in substantial compliance with the
intergovernmental agreement or plan, the director shall contact the county
regarding the alleged noncompliance and offer technical assistance to reach
compliance. If the county does not resolve the alleged noncompliance, the
director shall, after giving the county not less than 30 daysÂ’ notice, conduct
a hearing to ascertain whether there is substantial compliance or satisfactory
progress being made toward compliance. After technical assistance is provided
and the hearing occurs, the director may suspend any portion of the funding
made available to the county under ORS 423.500 to 423.560 until the required
compliance occurs. [1977 c.412 §8; 1979 c.487 §14; 1987 c.320 §225; 1995 c.423 §8;
1997 c.715 §5]
     423.545 [1977 c.412 §9; 1987 c.320 §226; repealed by
1995 c.423 §31]
     423.549
State positions in community corrections branch; abolishment; county authority;
affected employees; pay. (1)
Notwithstanding ORS 236.605 to 236.640, all state positions in the state
community corrections branch of the Department of Corrections, the funding for
which is transferred to counties, are abolished on January 1, 1997. Counties
have sole discretion in the development of methods and means of county
community corrections operation under ORS 423.500 to 423.560 including
establishment of wages, benefits and working conditions and selection of any
employees to operate supervision programs or other services and sanctions under
ORS 423.478 and 423.525. The implementation of this section does not give rise
to any bargaining obligation under ORS 243.650 to 243.782. Notwithstanding any
collective bargaining agreement, the department shall first offer to any
employee so affected and not hired by a county a vacant position in other
department branches and operations for which the employee is qualified. This
preference lapses 90 days after the operative date of this section. The department
has sole discretion in selecting and filling vacant positions from among
affected employees having preference.
     (2) Notwithstanding subsection (1) of this
section, for each month of employment during the period of January 1, 1997,
through June 30, 1997, a county shall pay each affected employee hired by the
county in regular full-time employment to provide or to support the provision
of community corrections programs and services the same minimum gross monthly
salary or hourly wage that the affected employee received in state employment
immediately prior to termination of the employeeÂ’s state position. In the event
an affected employee formerly employed by the state in a supervisory position
is hired by a county in a nonsupervisory position, the county shall pay the
affected employee during this period the same minimum gross monthly salary or
hourly wage to which an affected employee in the nonsupervisory position would
have been entitled to receive in state employment at the top step of the state
pay classification for that position immediately prior to its termination. A
county shall also provide to each affected employee during this period the same
benefits provided to existing county employees performing the same or
substantially similar work, giving full consideration to the length of the
employeeÂ’s state service as though the service had been in and for the county. [1995
c.423 §16 (enacted in lieu of 423.550)]
     423.550 [1977 c.412 §10; 1987 c.320 §227; 1989 c.607
§3; 1989 c.614 §3; 1993 c.680 §2; repealed by 1995 c.423 §15 (423.549 enacted
in lieu of 423.550)]
     423.551 [1989 c.614 §5; repealed by 1995 c.423 §31]
     423.552 [1989 c.510 §2; repealed by 1995 c.423 §30]
     423.553 [1989 c.510 §3; repealed by 1995 c.423 §30]
     423.554 [1989 c.510 §§4,5; repealed by 1995 c.423 §30]
     423.555
Statewide program evaluation and information system. The Department of Corrections shall
establish and operate, with the cooperation and participation of county
community corrections agencies, a statewide evaluation and information system
to monitor the effectiveness of correctional services provided to criminal
offenders under ORS 423.500 to 423.560. To the extent of available information
systems resources, the system shall permit ongoing evaluation of apparent correlations
between services provided and future criminal conduct. [1977 c.412 §11; 1987
c.320 §228; 1995 c.423 §10; 1997 c.433 §12]
     423.560
Local public safety coordinating council; duties. (1) The board or boards of county
commissioners of a county shall convene a local public safety coordinating
council. The council shall include, but need not be limited to:
     (a) A police chief selected by the police
chiefs in the county;
     (b) The sheriff of the county or, if two
or more counties have joined together to provide community corrections
services, a sheriff selected by the sheriffs in the counties;
     (c) The district attorney of the county
or, if two or more counties have joined together to provide community
corrections services, a district attorney selected by the district attorneys of
the counties;
     (d) A state court judge, and a public
defender or defense attorney, both appointed by the presiding judge of the
judicial district in which the county is located;
     (e) A director of community corrections, a
county commissioner, a juvenile department director, a health director, a
mental health director and at least one lay citizen, all appointed by the
county commissioners;
     (f) A city councilor or mayor and a city
manager or other city representative, both selected by the cities in the
county;
     (g) A representative of the Oregon State
Police, who is a nonvoting member of the council, selected by the
Superintendent of State Police; and
     (h) A representative of the Oregon Youth
Authority, who is a nonvoting member of the council, selected by the Director
of the Oregon Youth Authority.
     (2) The boards of county commissioners of
two or more counties may jointly convene a single, regional local public safety
coordinating council by means of an intergovernmental agreement. Local
officials may combine the council with existing local criminal justice advisory
councils established under ORS 1.851.
     (3) The local public safety coordinating
council shall, at a minimum:
     (a) Develop and recommend to the county
board of commissioners a plan for use of:
     (A) State resources to serve the local
offender population; and
     (B) State and local resources to serve the
needs of that part of the local offender population who are at least 15 years
of age and less than 18 years of age, which plan must provide for coordination
of community-wide services involving prevention, treatment, education,
employment resources and intervention strategies; and
     (b) Coordinate local criminal justice
policy among affected criminal justice entities.
     (4) Nonvoting members of a local public
safety coordinating council may not be counted in determining whether a quorum
exists.
     (5) The appointing authorities described
in subsection (1) of this section shall fill a vacancy over which they have
appointment authority within three months of a vacancy or as soon as possible. [1977
c.412 §12; 1995 c.423 §11; 1997 c.249 §136; 1997 c.698 §1; 2003 c.162 §1; 2007
c.682 §2]
     423.565
Additional duties of public safety coordinating council. In addition to the duties assigned to it
under ORS 423.560, the local public safety coordinating council convened by the
board of commissioners shall, at a minimum:
     (1) Develop and recommend to the county
board of commissioners the plan for use of state resources to serve the local
youth offender population;
     (2) Coordinate local juvenile justice
policy among affected juvenile justice entities; and
     (3) In consultation with the local
commission on children and families, develop and recommend to the county board
of commissioners a plan designed to prevent criminal involvement by youth. The
plan must provide for coordination of community-wide services involving
treatment, education, employment and intervention strategies aimed at crime
prevention. [1995 c.422 §75; 1995 c.423 §11a]
     423.569
Annual summary. (1) The
board or boards of county commissioners that have convened a local public
safety coordinating council shall publish an annual summary of program, service
or budget changes made in response to the recommendations of the local public
safety coordinating council described in ORS 423.560 and 423.565.
     (2) The summary described in subsection
(1) of this section shall be provided to the local public safety coordinating
council and the Oregon Criminal Justice Commission. [2007 c.682 §1]
PAYMENTS BY
SUPERVISED PERSON
     423.570
Monthly fee payable by person on supervised release; use; payment as condition
of release; waiver. (1) A
person sentenced to probation or placed by an authority on parole, post-prison
supervision or other form of release, subject to supervision by a community
corrections program established under ORS 423.500 to 423.560, shall be required
to pay a monthly fee to offset costs of supervising the probation, parole,
post-prison supervision or other supervised release.
     (2) A person sentenced to probation or
placed by an authority on parole, post-prison supervision or other form of
release, subject to supervision other than by a community corrections program
established under ORS 423.500 to 423.560, may be required by the releasing authority
to pay a monthly fee to offset costs of supervising the probation, parole,
post-prison supervision or other supervised release.
     (3) When a fee is required under
subsection (1) of this section, the fee shall be determined and fixed by the
releasing authority but shall be at least $25, and if the releasing authority
fails to establish the amount of a released personÂ’s required fee, the fee
shall be $25.
     (4) Fees are payable one month following
the commencement of probation, parole, post-prison supervision or other
supervised release and at one-month intervals thereafter. If the released
person is supervised under county authority, the county shall collect or
provide by contract for the collection of the fee from the released person and
shall retain the fee to be used by the county for funding of its community
corrections program.
     (5) Except in the case of a probation
granted by a court before that date, the fee requirements imposed by this
section apply beginning July 1, 1981, to all persons under supervised
probation, parole, post-prison supervision or other form of supervised release
pursuant to subsection (1) of this section, including persons on such
supervised release in this state under any interstate agreement. Timely payment
of the fee is hereby made a condition of such probation, parole, post-prison
supervision or other supervised release. In the case of a probation granted by
a court prior to July 1, 1981, the court may amend its order granting probation
to provide for payment of the fee.
     (6) In cases of financial hardship or when
otherwise advisable in the interest of the released personÂ’s rehabilitation:
     (a) The community corrections manager may
waive or reduce the amount of the fee.
     (b) The sentencing court may waive or
reduce the amount of the fee for any person whom the court has sentenced to
probation. If any of the fee requirement is reduced by the court, only the
court may restore the requirement. [1981 c.169 §1; 1983 c.252 §1; 1987 c.320 §229;
1989 c.497 §1; 1989 c.790 §67; 1993 c.14 §23; 1995 c.423 §14]
_______________
CHAPTERS 424 AND 425
[Reserved for expansion]
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