US Laws, Codes, Statutes & Cases

Chapter 169 — Local and Regional Correctional Facilities;

Prisoners; Juvenile Facilities

 

2007 EDITION

 

LOCAL CORRECTIONAL AND JUVENILE FACILITIES

 

CRIMES AND PUNISHMENTS

 

DEFINITIONS

 

169.005     Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800

 

LOCAL CORRECTIONAL FACILITIES

 

169.030     Construction, maintenance and use of local correctional facilities by county and city; renting suitable structure; provision of facilities by another county or city

 

169.040     Inspection of local correctional facilities

 

169.042     Maximum facility population; recommendation

 

169.044     Action on recommendation

 

169.046     Notice of county jail population emergency; action to be taken; notification if release of inmates likely; forced release

 

169.050     Contracts for boarding of prisoners

 

169.053     Agreements with other counties or Department of Corrections for confinement and detention of offenders

 

169.055     Contracts with Department of Corrections for county prisoners awaiting sentencing

 

169.070     Coordination of state services by Department of Corrections; inspections to determine compliance with standards

 

169.072     Provision of services or assistance by Department of Corrections through arrangements with local governments

 

169.076     Standards for local correctional facilities

 

169.077     Standards for lockup facilities

 

169.078     Standards for temporary hold facilities

 

ENFORCEMENT OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES

 

169.080     Effect of failure to comply with standards; enforcement by Attorney General; private action

 

169.085     Submission of construction or renovation plans to Department of Corrections; recommendations by department

 

169.090     Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation

 

TREATMENT OF PRISONERS

 

169.105     Unconscious person not to be admitted to custody in facility

 

169.110     Time credit for good behavior

 

169.115     Temporary leave

 

169.120     Credit for work

 

169.140     Furnishing prisoners food and clothing

 

169.150     Payment of expenses of keeping prisoners; health care fees

 

169.151     Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures

 

169.152     Liability for costs of medical care for persons in county facility

 

169.153     Liability of public agency for costs of medical care provided to persons in transport

 

169.155     Definitions for ORS 169.155 and 169.166

 

169.166     Liability for costs of medical services

 

169.170     Assignment of county prisoners to public works

 

169.180     Assignment of city prisoners to public works

 

169.190     Transfer of prisoners to another county for public work

 

169.210     Contracts for private employment of prisoners; agencies having power to work prisoners

 

169.220     Care of county prisoners

 

DUTIES AND LIABILITIES OF SHERIFF

 

169.320     Control over prisoners; work by prisoners

 

169.330     Civil liability for release of prisoner

 

169.340     Liability for escape of defendant in a civil action

 

169.350     Liability for failing to serve papers

 

169.360     Appointment of keeper of local correctional facility

 

FEDERAL PRISONERS

 

169.530     Duty to receive federal prisoners

 

169.540     Liability for expenses of keeping federal prisoners

 

REGIONAL FACILITIES

 

169.610     Policy

 

169.620     “Regional correctional facility” defined

 

169.630     Joint establishment or operation of facilities; agreement

 

169.640     Status of facility for custody of misdemeanants and violators

 

169.650     Status of facility operated by Department of Corrections

 

169.660     Status of persons confined in facility operated by Department of Corrections; assignment to regional facility

 

169.670     Transfer of persons to facility operated by Department of Corrections; costs; return; exception

 

169.673     Conversion of state correctional institutions into regional correctional facilities

 

169.677     Converted facilities to house felony or misdemeanant prisoners

 

HALFWAY HOUSES

 

169.690     Citizens advisory committee; review of proposed halfway houses and other facilities; nomination and appointment of committee members; written report required of agency rejecting views of advisory committee

 

JUVENILE DETENTION FACILITIES

 

169.730     Definitions for ORS 169.740 to 169.760

 

169.740     Standards for juvenile detention facilities

 

169.750     Restrictions on operation of juvenile detention facilities

 

169.760     Juvenile detention facilities to establish written policy

 

169.770     Release of detained juvenile when detention facility violates standards

 

MISCELLANEOUS

 

169.800     Detention of juveniles before conviction and execution of sentence

 

169.810     Assumption of duties by regional correctional facility constitutes assumption by public employer; rights of transferred employees

 

DEFINITIONS

 

      169.005 Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800. As used in ORS 169.005 to 169.677 and 169.730 to 169.800, unless the context requires otherwise:

      (1) “Detainee” means a person held with no criminal charges.

      (2) “Forced release” means temporary freedom of an inmate from lawful custody before judgment of conviction due to a county jail population emergency under ORS 169.046.

      (3) “Juvenile detention facility” means a facility as described in ORS 419A.050 and 419A.052.

      (4) “Local correctional facility” means a jail or prison for the reception and confinement of prisoners that is provided, maintained and operated by a county or city and holds persons for more than 36 hours.

      (5) “Lockup” means a facility for the temporary detention of arrested persons held up to 36 hours, excluding holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96 hours after booking.

      (6) “Month” means a period of 30 days.

      (7) “Prisoner” means a person held with criminal charges or sentenced to the facility.

      (8) “Temporary hold” means a facility, the principal purpose of which is the temporary detention of a prisoner for four or less hours while awaiting court appearance or transportation to a local correctional facility. [1973 c.740 §1; 1979 c.487 §1; 1985 c.499 §4; 1993 c.33 §309; 2001 c.517 §1]

 

      169.010 [Amended by 1963 c.236 §1; 1973 c.740 §8; repealed by 1983 c.327 §16]

 

      169.020 [Amended by 1973 c.740 §9; repealed by 1983 c.327 §16]

 

LOCAL CORRECTIONAL FACILITIES

 

      169.030 Construction, maintenance and use of local correctional facilities by county and city; renting suitable structure; provision of facilities by another county or city. (1) Every county and city in this state shall provide, keep and maintain within or without the county or city, as the case may be, a local correctional facility for the reception and confinement of prisoners committed thereto. The local correctional facility shall be constructed of fireproof materials and should have fire exits in sufficient number and suitably located for the removal of prisoners.

      (2) Any county, or incorporated city may rent or lease any structure answering the requirements of subsection (1) of this section, either in connection with or separately from any other county or city building.

      (3) Any county and any incorporated city may, by agreement, provide, maintain, and use for their separate requirements, such a local correctional facility as is required by this section.

      (4) Any county or incorporated city may, by agreement with any other county or incorporated city, provide for one such county or city to furnish local correctional facility accommodations for the imprisonment of prisoners of the other such county or city. Pursuant to such agreement, an Oregon county or city may secure the use of jail accommodations outside the state, but only in a county that adjoins the Oregon county or the county in which the Oregon city is located.

      (5) The jail accommodations provided by or furnished to a county under this section shall be considered to be jail accommodations of the county for purposes of ORS 135.215, 137.140 and 137.330. [Amended by 1963 c.236 §2; 1973 c.740 §10; 1987 c.550 §1]

 

      169.040 Inspection of local correctional facilities. (1) The county court or board of county commissioners of each county is the inspector of the local correctional facilities in the county. The court or board shall visit local correctional facilities operated by the county at least once in each regular term and may visit local correctional facilities within the county that are not operated by the county. When the court or board visits a local correctional facility, it shall examine fully into the local correctional facility, including, but not limited to, the cleanliness of the facility and the health and discipline of the persons confined. If it appears to the court or board that any provisions of law have been violated or neglected, it shall immediately give notice of the violation or neglect to the district attorney of the district.

      (2) The county health officer or the representative of the county health officer may conduct health and sanitation inspections of local correctional facilities on a semiannual basis. If the county health officer determines that the facility is in an insanitary condition or unfit for habitation for health reasons, the officer may notify the appropriate local governmental agency in writing of the required health and sanitation conditions or practices necessary to ensure the health and sanitation of the facility. If the local governmental agency does not comply with the required health and sanitation conditions or practices within an appropriate length of time, the county health officer may recommend the suspension of the operation of the local correctional facility to the county board of health. If after a hearing the county board of health finds that the local correctional facility is in an insanitary or unhealthful condition, it may suspend the operation of the facility until such time as the local correctional facility complies with the recommended health and sanitation conditions and practices. [Amended by 1973 c.740 §11; 2005 c.286 §1]

 

      169.042 Maximum facility population; recommendation. The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of inmates that should be held in the facility. This recommendation shall be based on consideration of the following:

      (1) The advice of the district attorney, county counsel and sheriff concerning prevailing constitutional standards relating to conditions of incarceration;

      (2) The design capacity of the local correctional facility;

      (3) The physical condition of the local correctional facility; and

      (4) The programs provided for inmates of the local correctional facility. [1989 c.884 §2]

 

      169.044 Action on recommendation. When the county court or board has received a recommendation pursuant to ORS 169.042, it shall either:

      (1) Reject the recommendation and decline to adopt a limit on the number of inmates that may be held in the local correctional facility; or

      (2) Adopt the recommendation and, after consultation with the officials listed in ORS 169.046 (1), issue an order establishing the maximum allowable number of inmates that may be held in the local correctional facility. This shall include specific standards for determining a county jail population emergency and a specific plan for resolving the emergency. [1989 c.884 §3]

 

      169.046 Notice of county jail population emergency; action to be taken; notification if release of inmates likely; forced release. (1) If a county court or board adopts a jail capacity limit under ORS 169.044 and the number of inmates in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of inmates in the local correctional facility has exceeded capacity and that a county jail population emergency exists.

      (2) If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order inmates released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of inmates under ORS 169.042 to 169.046.

      (3) If it becomes necessary to order inmates released under ORS 169.042 to 169.046, or if it appears to the sheriff that release of inmates is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 to 133.076 until further notice.

      (4) If it becomes necessary to order the release of inmates under ORS 169.042 to 169.046, the sheriff may place inmates on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the inmate and must include:

      (a) The date of the next court appearance of the inmate;

      (b) A statement that the inmate is required to appear at the next court appearance; and

      (c) A statement that failure of the inmate to appear at the next court appearance is subject to prosecution under ORS 162.195 or 162.205. [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2]

 

      169.050 Contracts for boarding of prisoners. The county court or board of county commissioners of each county in this state, not having more than 300,000 inhabitants, shall advertise for bids for boarding of prisoners confined in the county local correctional facilities of the county, and may award the contract for boarding them to the lowest responsible bidder. If any responsible bidder, other than the sheriff, receives the contract from the county for the boarding of prisoners, such bidder shall receive compensation for boarding such prisoners rather than the sheriff, and the sheriff shall afford to such bidder all facilities for carrying out the county’s contract for boarding prisoners. [Amended by 1973 c.740 §12]

 

      169.053 Agreements with other counties or Department of Corrections for confinement and detention of offenders. (1) A county may enter into an agreement with one or more other counties of this state under ORS 190.010 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:

      (a) Pretrial detainees;

      (b) Offenders convicted of a misdemeanor; and

      (c) Offenders convicted of a felony who are:

      (A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or

      (B) 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.

      (2) A county may enter into an agreement with the Department of Corrections under ORS 190.110 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:

      (a) Offenders convicted of a misdemeanor; and

      (b) Offenders convicted of a felony who are:

      (A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or

      (B) 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.

      (3) An agreement entered into under ORS 190.110 and subsection (2) of this section shall include a provision that the county reimburse the Department of Corrections for its costs incurred in confining the county inmate. Reimbursement shall be made on a per diem basis at a rate determined by the department to be its average daily incarceration cost per inmate. In lieu of reimbursement, the department and county may enter into an agreement providing for the comparable exchange of inmates as determined by the department. [1996 c.4 §1]

 

      Note: 169.053 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      169.055 Contracts with Department of Corrections for county prisoners awaiting sentencing. (1) The Department of Corrections may enter into contracts or arrangements with the authorities of any county in this state to provide for the reception, detention, care, maintenance and employment of county prisoners convicted of a felony in the courts of this state who are awaiting sentencing and who, in the judgment of the sentencing court, pose an unusual security risk if they were to remain incarcerated in a local correctional facility pending sentencing.

      (2) Nothing in this section requires the Department of Corrections to incarcerate a county prisoner in a Department of Corrections facility.

      (3) A county prisoner poses an unusual security risk under this section if the prisoner poses a level of risk of violence or escape that exceeds the security level of the county facility. The risk of violence or escape may result from or be manifested by:

      (a) A history of violence against law enforcement or corrections employees;

      (b) A history of escape attempts;

      (c) Documented enemies in the county facility; or

      (d) A charge of aggravated murder. [1997 c.369 §1]

 

      Note: 169.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      169.060 [Repealed by 1983 c.327 §16]

 

      169.070 Coordination of state services by Department of Corrections; inspections to determine compliance with standards. (1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 to 169.078, 169.740, 419A.059 and 419B.180.

      (2) In carrying out its duties under subsection (1) of this section, the department may enter into agreements with public or private entities to conduct inspections of local correctional facilities, lockups, temporary holds and juvenile detention facilities. [1973 c.740 §2; 1979 c.338 §2; 1979 c.487 §2; 1987 c.320 §91; 1993 c.33 §310; 2003 c.475 §1]

 

      169.072 Provision of services or assistance by Department of Corrections through arrangements with local governments. (1) The Department of Corrections may enter into arrangements, contracts or agreements with local governments to provide services or other assistance to local governments with respect to local correctional facilities and juvenile detention facilities. Services and assistance provided to local governments under this section may include health care services and assistance, including providing pharmaceuticals, treatment services, transport services, training assistance, security assistance and tactical assistance.

      (2) An arrangement, contract or agreement entered into under subsection (1) of this section may authorize the use of department facilities, personnel, supplies, equipment or material in providing services or other assistance to local governments. [2001 c.194 §2]

 

      169.075 [1973 c.740 §3; repealed by 1979 c.487 §5 (169.076, 169.077, 169.078 and 169.740 enacted in lieu of 169.075)]

 

      169.076 Standards for local correctional facilities. Each local correctional facility shall:

      (1) Provide sufficient staff to perform all audio and visual functions involving security, control, custody and supervision of all confined detainees and prisoners, with personal inspection at least once each hour. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the area in which the facility is located.

      (2) Have a comprehensive written policy with respect to:

      (a) Legal confinement authority.

      (b) Denial of admission.

      (c) Telephone calls.

      (d) Admission and release medical procedures.

      (e) Medication and prescriptions.

      (f) Personal property accountability which complies with ORS 133.455.

      (g) Vermin and communicable disease control.

      (h) Release process to include authority, identification and return of personal property.

      (i) Rules of the facility governing correspondence and visitations.

      (3) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies; and regulations for the operation of the facility.

      (4) Not administer any physical punishment to any prisoner at any time.

      (5) Provide for emergency medical and dental health, having written policies providing for:

      (a) Licensed physician or nurse practitioner review of the facility’s medical and dental plans.

      (b) The security of medication and medical supplies.

      (c) A medical and dental record system to include request for medical and dental attention, treatment prescribed, prescriptions, special diets and other services provided.

      (d) First aid supplies and staff first aid training.

      (6) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.

      (7) Insure that confined detainees and prisoners:

      (a) Will be fed daily at least three meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other purposes.

      (b) Will be fed nutritionally adequate meals in accordance with a plan reviewed by a registered dietitian or the Department of Human Services.

      (c) Be provided special diets as prescribed by the designated facility physician or nurse practitioner.

      (d) Shall have food procured, stored, prepared, distributed and served under sanitary conditions, as defined by the Department of Human Services rules as authorized by ORS 624.041.

      (8) Insure that the facility be clean, and provide each confined detainee or prisoner:

      (a) Materials to maintain personal hygiene.

      (b) Clean clothing twice weekly.

      (c) Mattresses and blankets that are clean and fire-retardant.

      (9) Require each prisoner to shower at least twice weekly.

      (10) Forward, without examination or censorship, each prisoner’s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.

      (11) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.

      (12) Have and provide each prisoner with written rules for inmate conduct and disciplinary procedures. If a prisoner cannot read or is unable to understand the written rules, the information shall be conveyed to the prisoner orally.

      (13) Not restrict the free exercise of religion unless failure to impose the restriction will cause a threat to facility or order.

      (14) Safeguard and insure that the prisoner’s legal rights to access to legal materials are protected. [1979 c.487 §6 (enacted in lieu of 169.075); 1987 c.320 §92; 2005 c.471 §6]

 

      169.077 Standards for lockup facilities. Each lockup facility shall:

      (1) Maintain 24-hour supervision when persons are confined; such supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the area in which the facility is located.

      (2) Make a personal inspection of each person confined at least once each hour.

      (3) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.

      (4) Insure that confined detainees and prisoners will be fed daily at least three nutritionally adequate meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other such purposes.

      (5) Forward, without examination or censorship, each prisoner’s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.

      (6) Provide rules of the facility governing correspondence and visitations.

      (7) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.

      (8) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies; and policies and regulations for the operation of the facility.

      (9) Insure that the facility be clean, provide mattresses and blankets that are clean and fire-retardant, and furnish materials to maintain personal hygiene.

      (10) Provide for emergency medical and dental health, having written policies providing for licensed physician review of the facility’s medical and dental plans. [1979 c.487 §7 (enacted in lieu of 169.075); 1987 c.320 §93]

 

      169.078 Standards for temporary hold facilities. Each temporary hold shall:

      (1) Provide access to sanitation facilities.

      (2) Provide adequate seating.

      (3) Maintain supervision of prisoners or detainees when confined. Such supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the area in which the facility is located.

      (4) Prohibit firearms from the secure area except in times of emergency.

      (5) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. [1979 c.487 §8 (enacted in lieu of 169.075); 1987 c.320 §94]

 

      169.079 [1979 c.487 §9 (enacted in lieu of 169.075); 1981 c.869 §1; renumbered 169.740]

 

ENFORCEMENT OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES

 

      169.080 Effect of failure to comply with standards; enforcement by Attorney General; private action. (1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 to 169.078, 169.740, 419A.059 or 419B.180, the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to insure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections.

      (2) The provisions of ORS 169.076 to 169.078, 169.740, 419A.059, 419B.160, 419B.180 and 419C.130 shall be enforceable by the Attorney General of the State of Oregon. The Attorney General, at the request of the Department of Corrections, may bring suit or action and may seek declaratory judgment as provided in ORS chapter 28 as well as pursue any other form of suit or action provided under Oregon law. Nothing in this section shall preclude a private right of suit or action. [1973 c.740 §4; 1979 c.338 §3; 1979 c.487 §3; 1987 c.320 §95; 1993 c.33 §311]

 

      169.085 Submission of construction or renovation plans to Department of Corrections; recommendations by department. All plans of new construction or major renovation of local correctional facilities, lockups and juvenile detention facilities shall be submitted to the Department of Corrections for review and advisory recommendations to assist local governmental agencies to provide a safe and secure facility. The recommendations of the Department of Corrections shall be advisory and not binding upon the local governmental agency with the exception of those standards established in ORS 169.076 to 169.078, 169.740, 419A.059 and 419B.180. The Department of Corrections must notify the respective local governmental agency 45 days after submission of the plans of its recommendations on the proposed construction or major renovation of the local correctional facility. [1973 c.740 §5; 1979 c.487 §4; 1987 c.320 §96; 1993 c.33 §312]

 

      169.090 Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation. (1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs’ Association, the Oregon Association Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor.

      (2) The Juvenile Crime Prevention Advisory Committee and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005. Guidelines shall be revised by the Juvenile Crime Prevention Advisory Committee and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the Juvenile Crime Prevention Advisory Committee may choose to publish and distribute the guidelines independently. [1973 c.740 §6; 1981 c.869 §7; 1987 c.320 §97; 1993 c.18 §28; 1993 c.676 §40; 2001 c.517 §5; 2001 c.904 §1; 2001 c.905 §2; 2003 c.14 §68]

 

TREATMENT OF PRISONERS

 

      169.105 Unconscious person not to be admitted to custody in facility. No person who is unconscious shall be admitted to custody in a facility described in ORS 169.005, but shall instead be taken immediately to the nearest appropriate medical facility for medical diagnosis, care and treatment. [1983 c.547 §2]

 

      169.110 Time credit for good behavior. Each prisoner convicted of any offense against the laws of this state, who is confined, in execution of the judgment or sentence upon any such conviction, including confinement imposed as a condition of probation pursuant to ORS 137.540, in any county local correctional facility in this state for a definite term, whose record of conduct shows that the prisoner has faithfully observed all the rules of the facility, shall be entitled, in the discretion of the sheriff or other officer having custody of such prisoner, to a deduction from the term of the sentence of the prisoner to be calculated as follows, commencing on the first day of the arrival of the prisoner at the facility to serve the sentence of the prisoner:

      (1) Upon a sentence of not less than 10 nor more than 30 days, one day for each 10 days.

      (2) Upon a sentence of more than 30 days but not more than 90 days, three days for each 30-day period.

      (3) Upon a sentence of more than 90 days but not more than 180 days, four days for each 30-day period.

      (4) Upon a sentence of more than 180 days but not more than 270 days, five days for each 30-day period.

      (5) Upon a sentence of more than 270 days, six days for each 30-day period. [Amended by 1965 c.346 §3; 1971 c.196 §1; 1973 c.740 §13; 1979 c.487 §11]

 

      169.115 Temporary leave. (1) Any prisoner serving a sentence in a county jail may be eligible for temporary leave for a period not to exceed 10 days for the purpose of visiting a seriously ill relative, attending the funeral of a relative, or obtaining medical services not otherwise available.

      (2) All requests for temporary leave must be presented to the sheriff for examination. Exemptions shall be restricted to those prisoners who are considered a possible threat to society, or those who pose a risk of not returning at the termination of such leave.

      (3) Upon determining that circumstances are suitable for a prisoner to be granted temporary leave, the sheriff may grant leave to the prisoner and fix the duration and conditions of the leave.

      (4) In adopting rules governing temporary leave, the sheriff shall consult with the Department of Corrections in an effort to establish statewide uniform rules governing temporary leave for county jail prisoners. [1973 c.499 §1; 1979 c.487 §12; 1987 c.320 §98]

 

      169.120 Credit for work. In addition to the allowances provided for in ORS 169.110, all prisoners in a county local correctional facility who are engaged in any work either inside or outside the facility are entitled to an allowance of credits in time or compensation, or both, for such work. The allowances shall not be inconsistent with ORS 169.170 to 169.210. The credits provided by this section shall not be in excess of 10 days for a period of 30 days and shall be set by the county court, board of county commissioners or local correctional facility supervisor. However, in the case of a sentence of not less than 10 nor more than 30 days the credits provided by this section are one day of credit for each 10 days of sentence. [Amended by 1967 c.284 §1; 1971 c.196 §2; 1973 c.740 §14; 1979 c.487 §13]

 

      169.130 [Amended by 1959 c.533 §1; repealed by 1971 c.743 §432]

 

      169.140 Furnishing prisoners food and clothing. The keeper of each local correctional facility shall furnish and keep clean the necessary bedding and clothing for all prisoners in the custody of the keeper, and shall supply them with wholesome food, fuel and necessary medical aid. [Amended by 1973 c.740 §15]

 

      169.150 Payment of expenses of keeping prisoners; health care fees. (1) The charges and expenses for safekeeping and maintaining all persons duly committed to the local correctional facility of the county for trial, sentenced to imprisonment in the county local correctional facility, or committed for the nonpayment of any fine or for any contempt, shall, unless otherwise provided by law, be paid out of the treasury of the county. The account of the keeper shall be first allowed by the county court or board of county commissioners of the county from which the prisoner was committed.

      (2) A city or, notwithstanding subsection (1) of this section or any other provision of law, the county may charge persons committed to the local correctional facility of the county or city a reasonable health care fee for any health care services, medications and equipment provided to the person while committed if the county or city:

      (a) Provides necessary medical care regardless of the person’s ability to pay;

      (b) Provides equal treatment to all persons committed to the local correctional facility regardless of a person’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 person’s account. [Amended by 1973 c.740 §16; 1995 c.523 §1; 1999 c.801 §1]

 

      169.151 Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures. (1) A city or, notwithstanding ORS 169.150 (1), a county may seek reimbursement from a person who is or was committed to the local correctional facility of the county or city upon conviction of a crime for any expenses incurred by the county or city in safekeeping and maintaining the person. The county or city may seek reimbursement:

      (a) At a rate of $60 per day or its actual daily cost of safekeeping and maintaining the person, whichever is less, multiplied by the total number of days the person was confined to the local correctional facility, including, but not limited to, any period of pretrial detention; and

      (b) For any other charges or expenses that the county or city is entitled to recover under ORS 169.150.

      (2) The county or city may seek reimbursement for expenses as provided in subsection (1) of this section by filing a civil action no later than one year after the person from whom reimbursement is sought is released from the local correctional facility.

      (3) When a person is found liable for expenses described in subsection (1) of this section and an amount is determined, the court shall, before entering a judgment against the person, allow the person to present evidence on the issue of the person’s ability to pay. When a person presents such evidence, the court shall determine the person’s ability to pay taking into consideration:

      (a) The financial resources of the person and the burden that payment will impose on the person in providing basic economic necessities to the person or the person’s dependent family; and

      (b) Any other monetary obligations imposed upon the person by the court as a result of the conviction for which the person was committed to the local correctional facility.

      (4) The court, and not a jury, shall determine the defendant’s ability to pay under subsection (3) of this section.

      (5) Upon the conclusion of a proceeding under subsection (3) of this section, the court may enter a judgment:

      (a) Of dismissal if the court finds that the person lacks the ability to pay;

      (b) For less than the full amount determined if the court finds that the person has the ability to pay a portion of the amount; or

      (c) For the full amount determined, plus costs and disbursements, if the court determines the person has the ability to pay.

      (6) Any reimbursements collected under this section must be credited to the general fund of the county or city to be available for general fund purposes. [1997 c.349 §2; 1999 c.801 §2]

 

      169.152 Liability for costs of medical care for persons in county facility. Notwithstanding ORS 169.140, 169.150 and 169.220, when a person is lawfully confined in a county local correctional facility for violation of a city ordinance, for nonpayment of a fine imposed by a municipal court or as a result of a warrant of arrest issued by a magistrate in another county, the county in which the warrant was issued or the city shall be liable for the costs of medical care provided to the person while confined in the county local correctional facility. The keeper of the local correctional facility shall bill the other county or city for the actual cost of the medical care provided, and the other county or city shall pay the charges within 60 days after receiving the cost statement from the keeper. [1985 c.530 §2]

 

      169.153 Liability of public agency for costs of medical care provided to persons in transport. (1) Subject to ORS 30.260 to 30.300 and 414.805, payment of the costs of medical care provided to a person who becomes ill or is injured while being lawfully transported in the custody of a law enforcement officer at the request of a public agency other than the public agency by which the officer is employed is the responsibility of the public agency that requested the transportation of the person.

      (2) As used in this section, “law enforcement officer” and “public agency” have the meanings given those terms by ORS 414.805. [1985 c.530 §3; 1993 c.196 §5]

 

      169.155 Definitions for ORS 169.155 and 169.166. As used in ORS 169.166 and this section:

      (1) “Local correctional facility” includes lockups and temporary hold facilities.

      (2) “Reasonable efforts to collect the charges and expenses” means that the provider has billed the individual to whom the emergency medical services were provided or the insurer or health care service contractor of the individual before seeking to collect from the keeper of the local correctional facility. [1979 c.530 §4; 1993 c.196 §6]

 

      169.160 [Repealed by 1971 c.743 §432]

 

      169.165 [1979 c.530 §2; 1981 c.690 §1; repealed by 1993 c.196 §12]

 

      169.166