US Laws, Codes, Statutes & Cases

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

 

423.010     Definitions for ORS 423.010 to 423.070

 

423.020     Department of Corrections; duties and powers; fees

 

423.030     Department not limited by ORS 423.020

 

423.035     Application of ORS 409.710 (1)

 

423.070     Deposit and disbursement of funds received under Western Interstate Corrections Compact

 

423.075     Director; appointment; duties; rules

 

423.076     Director’s authority to grant peace officer power to corrections officer

 

423.078     Visitors; visiting status; administrative review of status changes; rules

 

423.085     Administrator of Correctional Education

 

423.090     Establishment or designation of diagnostic facilities

 

423.093     Reimbursement of expenses from prisoner; limitation

 

423.097     Department of Corrections Account

 

423.100     Revolving fund

 

CORRECTIONS OMBUDSMAN

 

423.400     Office established; appointment by Governor

 

423.405     Qualifications for office; prohibited activities

 

423.410     Term; reappointment

 

423.415     Deputy and additional officers and employees

 

423.420     General duties and powers; rules

 

423.425     Investigatory authority

 

423.430     Investigative priority; confidentiality of matters; charging fees prohibited

 

423.435     Recommendations following investigation; notice from Department of Corrections of action taken; notice to Legislative Assembly of recommended statutory changes

 

423.440     Letters between ombudsman and persons in custody; immunity of complainants and ombudsman; privilege against giving evidence or testifying

 

423.445     Witness rights; fees; expenses of state agency personnel

 

423.450     Contempt proceedings against person interfering with ombudsman

 

COMMUNITY CORRECTIONS

 

423.475     Findings

 

423.478     Duties of department and counties; authority of county supervisory authority

 

423.483     Baseline funding; basis on which county can discontinue participation

 

423.500     Definitions for ORS 423.500 to 423.560

 

423.505     Legislative policy on program funding

 

423.520     Financial grants to counties from Department of Corrections

 

423.525     Application for financial aid; review of application; rules for program evaluation; use of funds; community corrections manager; modification of plan

 

423.530     Procedure for determining amount of financial grants; rules

 

423.535     Biennial community corrections plan required; county authority to contract for services

 

423.540     Program compliance review by Director of Department of Corrections; effect of failure to comply

 

423.549     State positions in community corrections branch; abolishment; county authority; affected employees; pay

 

423.555     Statewide program evaluation and information system

 

423.560     Local public safety coordinating council; duties

 

423.565     Additional duties of public safety coordinating council

 

423.569     Annual summary

 

PAYMENTS BY SUPERVISED PERSON

 

423.570     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 state’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 person’s confinement if the department:

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

      (b) Provides equal treatment to all persons confined in a department institution 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.

      (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 Director’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 visitor’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 ombudsman’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 Marion County to enforce ORS 423.400 to 423.450;

      (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 ombudsman’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 ombudsman’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 Ombudsman’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 Oregon and its county governments. The state recognizes that it is in a better position than counties to assume responsibility for serious violent offenders and career property offenders.

      (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 person’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 biennium’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.