2005 Oregon Code - Chapter 421 :: Chapter 421 - Department of Corrections Institutions - Compacts
Chapter 421 Department of Corrections Institutions; Compacts
2005 EDITION
CORRECTIONS INSTITUTIONS; COMPACTS
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
GENERAL PROVISIONS
421.005 Definitions
ADMINISTRATION
421.068 Revenue from certain sources to be used to enhance inmate activities and programs
421.073 Housing of Inmates from Other Jurisdictions Account
421.081 Corrections Education Advisory Committee; membership; duties
421.084 Inmate functional literacy program; contents
INMATE RIGHTS
421.085 Experimentation on inmates prohibited; inmates right to judicial restraint of violation; action for damages
CUSTODY OF INMATES
421.105 Enforcement of rules; violence and injury to inmates prohibited
421.120 Reduction in term of sentence of inmates; rules
421.121 Reduction in term of incarceration; rules
421.122 Status of time enrolled in work release
421.125 Clothing and money for released inmate; inmate moneys; rules
421.137 Labeling of goods made in hobby and recreation programs; disposition of sale price
421.142 Manufacture and sale of handiwork; disposition of sale price
421.145 Disposition of moneys earned by inmates
421.147 Disposition of unclaimed or abandoned tangible property of inmates; rules
421.150 Custody of federal prisoners
421.155 Dangerous offenders to be observed and treated
421.160 Written report concerning conduct of dangerous offenders
421.166 Emergency leave; rules
421.168 Transitional leave; rules
421.170 Enrollment of inmate in work release program
INMATE DISCIPLINE
421.180 Disciplinary procedures; rules
421.185 Assistance and representation in disciplinary procedures
421.190 Admissible evidence at disciplinary hearing
421.194 Disciplinary orders not subject to judicial review
TRANSFER OF INMATES
421.205 Contracts with federal government, other states or counties, or other agencies for detention and care of inmates
421.210 Transfer of inmates to contract institutions; term of confinement
421.213 Records of transfer; availability of information; rules
421.215 Procurement of transferred inmates when required for judicial proceedings
421.220 Return of transferred inmates
421.225 Expenses of superintendents
421.229 Transfer of foreign inmates; authority of Governor; written approval of inmate
INTERSTATE CORRECTIONS COMPACT
421.245 Interstate Corrections Compact
421.250 Powers of Governor; delegation of authority
421.254 Priority of corrections compacts
WESTERN INTERSTATE CORRECTIONS COMPACT
421.282 Definitions for ORS 421.282 to 421.294
421.284 Western Interstate Corrections Compact
421.286 Commitments or transfers of inmates to institution in another state
421.288 Enforcing and administering compact
421.290 Hearings by director
421.292 Hearings in another state
421.294 Contracts to implement compact
INTERSTATE FOREST FIRE SUPPRESSION COMPACT
421.296 Interstate Forest Fire Suppression Compact
421.297 Powers of Governor; delegation of authority
421.298 Duties of State Forester
INMATE INDUSTRIES AND COMMODITIES
421.305 Establishment of industries in institutions; authority of Oregon Corrections Enterprises; rules; fees
421.312 Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized
421.340 Rules for exchange of products among institutions
OREGON CORRECTIONS ENTERPRISES
421.344 Creation of Oregon Corrections Enterprises as semi-independent agency; administrator
421.347 Advisory council; membership; duties
421.349 Advisory committee; duties
421.352 Applicability of certain statutes to Oregon Corrections Enterprises
421.354 Authority of Oregon Corrections Enterprises
421.357 Limitation on amount agency may charge Oregon Corrections Enterprises; costs of audits
421.359 Disposition of income and revenues
421.362 Continuation of employment of certain Department of Corrections employees; alternative retirement programs
421.364 Provision of legal services to Oregon Corrections Enterprises
421.367 Report to Governor and Legislative Assembly
INMATE LABOR GENERALLY
421.405 Use of inmate labor for benefit of officials prohibited; exceptions
421.412 Use of inmate labor in acquisition of crops to be consumed in state institutions
421.420 Use of inmate labor to clear unimproved land
PRISON WORK PROGRAMS
421.437 Inmate compensation; rules
421.438 Authority to enter into contracts concerning certain operations and programs
421.442 Creation of accounts and subaccounts relating to prison work and on-the-job training programs
421.444 Intellectual property; acquisition and development
421.445 Supervision of inmates in Oregon Corrections Enterprises program; agreements
FOREST AND WORK CAMPS
421.450 Definitions for ORS 421.455 to 421.480
421.455 Forest work camps; restrictions on placement at camps
421.465 Transfer of state inmates to forest work camp; limitations and conditions
421.467 Transfer of local inmates to forest work camp; limitations and conditions
421.468 Prior approval required for transfer of local inmate; return; custody and jurisdiction
421.470 Authority over inmates in camps; cost of care
421.476 Compensation of inmates for labor at forest camps; rules
421.480 Return of inmate to institution
421.490 Work camps
ALTERNATIVE INCARCERATION PROGRAM
421.500 Findings
421.502 Definitions for ORS 421.502 to 421.512
421.504 Alternative incarceration program; requirements
421.506 Intensive alternative incarceration addiction program; requirements
421.508 Determination of eligibility for program; denial; suspension; completion
421.510 Eligibility for transitional leave
421.512 Rulemaking
MEDICAL TREATMENT PROGRAMS
421.590 Medical treatment programs; sex offenders; establishment; rules
STATE PENITENTIARY
421.605 Location and use of penitentiary
421.609 New correctional facilities; authorization; limitation on
CORRECTIONS FACILITIES SITING
(Generally)
421.611 Findings
421.612 Definitions
421.614 Corrections facilities; determining location
421.616 When department required to nominate sites for corrections facilities; criteria for nominations; report required
421.618 Meetings to discuss site selections
421.621 Corrections Facilities Siting Authority; membership; duties
421.623 Hearings in region where nominated site located; ranking sites; findings
421.626 Notification to Governor; approval or disapproval of sites
421.628 Effect of decision of Corrections Facilities Siting Authority; public services necessary for constructing and operating facility
421.630 Judicial review
(Womens Facility and Intake Center)
421.635 Definitions for ORS 421.635 to 421.657
421.637 When department required to propose site; criteria; report; media notice
421.639 Exclusion of F. H. Dammasch State Hospital as department facility
421.641 Hearings in region where proposed site located; report
421.643 Notice to Governor regarding proposed site
421.645 Issuing permits necessary for construction and operation of facility; rules
421.647 Review of decision relating to permits
421.649 Provision of public services
421.651 Prison Advisory Committee; duties
421.653 Judicial review
421.655 Proceedings for review; consolidation; priority
421.657 Condemnation of property
BRANCH INSTITUTIONS
421.805 Siting of branch institutions
PENALTIES
421.990 Penalties
GENERAL PROVISIONS
421.005
Definitions. As used in this chapter, unless the context requires
otherwise:
(1) Department means the Department of Corrections.
(2) Department of Corrections institutions means those Department of Corrections facilities used for the incarceration of persons sentenced to the custody of the Department of Corrections, and includes the satellites, camps or branches of those facilities.
(3) Director means the Director of the Department of Corrections.
(4) Discharge means any lawful release from a state correctional institution pursuant to the expiration of a judicial sentence or other incarcerative sanction.
(5) Release authority means an entity having authority to grant release in a particular case. [Amended by 1959 c.687 §6; 1965 c.616 §47; 1969 c.502 §8; 1971 c.212 §1; 1983 c.505 §7; 1987 c.320 §7; 1989 c.790 §55]
421.010
[Renumbered 421.605]
421.012
[Formerly 421.086; repealed by 1969 c.502 §27]
421.015
[Amended by 1953 c.476 §5; repealed by 1965 c.616 §48 (421.016 enacted in lieu
of 421.015)]
421.016
[1965 c.616 §49 (enacted in lieu of 421.015); 1969 c.502 §1; 1971 c.212 §2;
repealed by 1987 c.320 §246]
421.020
[Amended by 1953 c.476 §5; repealed by 1965 c.616 §101]
421.025
[Amended by 1953 c.476 §5; repealed by 1959 c.80 §2]
421.030
[Renumbered 421.615]
421.035
[Amended by 1955 c.660 §28; repealed by 1963 c.554 §3]
421.055
[Amended by 1965 c.616 §50; 1987 c.320 §160; repealed by 1997 c.851 §17]
421.060
[Amended by 1959 c.687 §7; repealed by 1995 c.384 §28]
421.065
[Amended by 1959 c.687 §8; 1965 c.616 §51; 1975 c.631 §2; 1987 c.320 §161; 1993
c.18 §106; repealed by 1995 c.384 §28]
ADMINISTRATION
421.068
Revenue from certain sources to be used to enhance inmate activities and
programs. (1) Revenues, less operating expenses, from the following sources
shall be deposited into an account established by the Department of Corrections
to provide money to enhance inmate activities and programs including education
programs:
(a) Operation of correctional institution canteens;
(b) Operation of the vending machines in the inmate visiting area of correctional institutions;
(c) Operation of inmate telephones in correctional institutions;
(d) Funds confiscated from the inmates under existing disciplinary procedures; and
(e) Funds donated under administrative rules promulgated by the Director of the Department of Corrections.
(2) The Department of Corrections shall limit use of the fund to uses benefiting the general inmate population and enhancing inmate activities and programs including education programs. [1991 c.663 §1]
Note:
421.068 and 421.081 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 421 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
421.070
[Amended by 1959 c.687 §9; repealed by 1965 c.616 §101]
421.073
Housing of Inmates from Other Jurisdictions Account. The Housing of Inmates
from Other Jurisdictions Account is created within the General Fund. Moneys
credited to the account are continuously appropriated to the Department of
Corrections for costs of incarceration. The Department of Corrections shall
deposit all moneys received by the department as reimbursement under ORS
169.053 (3) into the account. [1996 c.1 §2]
Note: 421.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
421.075
[Amended by 1955 c.389 §1; 1959 c.687 §10; 1965 c.616 §52; 1969 c.597 §132;
repealed by 1983 c.574 §5]
421.077
[1975 c.443 §1; repealed by 1979 c.204 §1]
421.080
[1955 c.660 §1; renumbered 421.705]
421.081
Corrections Education Advisory Committee; membership; duties. (1) A
Corrections Education Advisory Committee is established. Membership of the
committee consists of:
(a) The Administrator of Correctional Education, who shall be the chairperson of the committee;
(b) The Superintendent of Public Instruction, or a person designated by the superintendent;
(c) The Commissioner for Community College Services, or a person designated by the commissioner;
(d) The chairperson of the State Board of Parole and Post-Prison Supervision, or a person designated by the chairperson; and
(e) A public member, to be appointed by the Governor, with professional experience in correctional education.
(2) The Administrator of Correctional Education shall plan, design and implement a correctional educational delivery system that can be operated within the existing correctional institutions for inmates of those institutions. The Corrections Education Advisory Committee shall advise the administrator in the planning, design and implementation.
(3)(a) The primary objective of the correctional education system is the functional literacy program created in ORS 421.084.
(b) The secondary objective is to provide professional and technical education that will insure that inmates who complete the professional and technical program will possess, at a minimum, entry-level marketable professional and technical skills in an occupational field for which there is a demand in this state.
(4) The Administrator of Correctional Education shall provide staff for the committee and shall have administrative control and accountability for the work of the committee. [1991 c.855 §2]
Note:
See note under 421.068.
421.082
[1975 c.443 §2; 1987 c.320 §162; 1989 c.363 §1; repealed by 1991 c.855 §6]
421.083
[1955 c.660 §2; renumbered 421.710]
421.084
Inmate functional literacy program; contents. (1) The Corrections Education
Advisory Committee shall assist in the development, and the Administrator of
Correctional Education shall design a functional literacy program for all
individuals in the custody of the Department of Corrections. The program shall:
(a) Test individuals for functional literacy level. Testing for basic intelligence, learning disabilities, developmental disabilities and adaptive behavior skills shall be administered as needed except that the administrator may accept equivalent test results from other sources;
(b) Except as provided in subsection (2) of this section, be mandatory for all individuals testing below a functional literacy level which is defined as a score of 230 on the Oregon Basic Adult Skills Inventory System functional literacy test or a 8.0 grade equivalency on other standardized tests;
(c) Consist of a minimum of 90 days of instruction in functional literacy consisting of one and one-half hours of instruction per day for five days per week, provide progress testing and certification and provide for voluntary attendance beyond the 90-day minimum program;
(d) Provide strong incentives for entering and successfully completing the literacy program and for continuing in the program beyond the 90-day minimum period; and
(e) Maintain records of an individuals achievement in the program and make those records available to the State Board of Parole and Post-Prison Supervision.
(2) Testing for functional literacy level and participation in the functional literacy program are not required for inmates:
(a) Sentenced to less than one year;
(b) Sentenced to life imprisonment without parole;
(c) Sentenced to death; or
(d) Who are developmentally disabled.
(3) For the purposes of this section, functional literacy means those educational skills necessary to function independently in society, including but not limited to, reading, writing, comprehension and arithmetic computation. [1989 c.363 §3; 1991 c.855 §4]
INMATE RIGHTS
421.085
Experimentation on inmates prohibited; inmates right to judicial restraint of
violation; action for damages. (1) As used in this section:
(a) Medical experimentation or research includes, but is not limited to, the testing and use of drugs and medication, medical and surgical procedures, exposure to substances or conditions or physical manipulation to ascertain their nontherapeutic effect on human beings, and any substance, condition, drug, medication, treatment, or procedure that is not generally recognized and accepted as therapeutic in the medical profession.
(b) Psychiatric or psychological experimentation or research includes, but is not limited to, any treatment, therapy, drug, medication, procedure, surgery, or device not generally recognized and accepted as therapeutic in the psychiatric and psychological professions.
(2) There shall be no medical, psychiatric, or psychological experimentation or research with inmates in Department of Corrections institutions of the State of Oregon.
(3) Notwithstanding ORS 137.260, an inmate in any Department of Corrections institution is entitled to maintain an action to restrain any violation of this section or to maintain an action to recover damages caused by a violation of this section. [1973 c.371 §2; 1987 c.320 §163]
421.086
[1955 c.660 §11; renumbered 421.012]
421.095
[1973 c.210 §2; 1987 c.320 §164; repealed by 1997 c.851 §17]
CUSTODY OF INMATES
421.105
Enforcement of rules; violence and injury to inmates prohibited. (1) The
superintendent may enforce obedience to the rules for the government of the
inmates in the institution under the supervision of the superintendent by
appropriate punishment but neither the superintendent nor any other prison
official or employee may strike or inflict physical violence except in
self-defense, or inflict any cruel or unusual punishment.
(2) The person of an inmate sentenced to imprisonment in the Department of Corrections institution is under the protection of the law and the inmate shall not be injured except as authorized by law. [Amended by 1953 c.476 §5; 1969 c.502 §9; 1987 c.158 §75; 1987 c.320 §165]
421.110
[Amended by 1955 c.532 §1; subsection (3) of 1959 Replacement Part enacted as
1955 c.485 §2; 1961 c.412 §2; renumbered 137.240]
421.112
[1955 c.660 §10; 1961 c.412 §3; renumbered 137.250]
421.115
[Repealed by 1955 c.532 §3]
421.120
Reduction in term of sentence of inmates; rules. (1) As used in this
section, prison employment includes actual work in prison industry,
meritorious work in connection with prison maintenance and operation, actual
work in agriculture and actual work at work camp.
(2) Each inmate confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any term other than life, and whose record of conduct shows that the inmate faithfully has observed the rules of the institution, shall be entitled to a deduction from the term of sentence to be computed as follows:
(a) From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of the sentence actually served in the Department of Corrections institution.
(b) From the term of a sentence of more than one year, one day shall be deducted for every two days of the sentence actually served in the Department of Corrections institution.
(c) From the term of any sentence, one day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity, and one day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified, and one day for every six days of the work actually performed or educational activity certified after the fifth year of prison employment.
(d) From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of the work actually performed thereafter.
(e) From the term of any sentence, one day shall be deducted for every six days work performed at work camp during the first year of prison employment, and one day for every four days thereafter. Once the four-day rate is achieved, it may be applied to subsequent work or education release programs while the inmate is serving the same term.
(3) The deductions allowed in subsection (2)(c), (d) and (e) of this section shall be in addition to those allowed in subsection (2)(a) and (b) of this section.
(4) The Department of Corrections shall develop pursuant to the rulemaking provisions of ORS chapter 183 a uniform procedure for granting, retracting and restoring deductions allowed in subsection (2) of this section.
(5) When a paroled inmate violates any condition of parole, no deduction from the term of sentence, as provided in subsection (2) of this section, shall be made for service by the inmate in the Department of Corrections institution prior to acceptance and release on parole, except when authorized by the State Board of Parole and Post-Prison Supervision upon recommendation of the superintendent thereof.
(6) The provisions of this section shall apply only to offenders sentenced for felonies committed prior to November 1, 1989. [Amended by 1953 c.560 §2; 1955 c.505 §1; 1957 c.686 §1; 1969 c.502 §10; 1973 c.562 §1; 1975 c.264 §1; 1977 c.374 §2; 1981 c.425 §2; 1985 c.53 §1; 1987 c.320 §166; 1989 c.790 §56; 2003 c.14 §231]
421.121
Reduction in term of incarceration; rules. (1) Except as provided in ORS
137.635, each inmate sentenced to the custody of the Department of Corrections
for felonies committed on or after November 1, 1989, shall be eligible for a
reduction in the term of incarceration for appropriate institutional behavior,
as defined by rule of the Department of Corrections, and for participation in
the functional literacy program described in ORS 421.084.
(2) The maximum amount of time credits earned for appropriate institutional behavior or for participation in the functional literacy program described in ORS 421.084 shall not exceed 20 percent of the total term of incarceration in a Department of Corrections institution.
(3) The time credits shall not be used to shorten the term of actual prison confinement to less than six months.
(4) The department shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 to establish a process for granting, retracting and restoring the time credits earned by the offender as allowed in subsections (1) to (3) of this section. [1989 c.790 §§60,61; 1991 c.855 §5]
421.122
Status of time enrolled in work release. For purposes of ORS 421.120, the
time that a person is enrolled in good standing in the work release program is
considered to be part of the sentence of the person actually served in the Department
of Corrections institution. Employment performed by an enrollee while so
enrolled is considered to be prison employment and shall qualify for the
reduction in sentence authorized under ORS 421.120 (2)(d) in addition to any
other reduction for which the enrollee may qualify. [1965 c.463 §15; 1969 c.361
§1; 1987 c.320 §167; 2003 c.14 §232]
421.125
Clothing and money for released inmate; inmate moneys; rules. (1) Upon the
discharge or parole of any inmate from the Department of Corrections, the department
shall see that such discharged or paroled inmate is properly clothed.
(2) It is the responsibility of every inmate of the Department of Corrections, during the inmates term of imprisonment, to accumulate funds in anticipation of parole, discharge or other authorized prerelease and for the purposes set out in this subsection. The Department of Corrections shall adopt rules to:
(a) Safeguard inmate moneys, whether such moneys are from earnings of the inmate while in a Department of Corrections facility, or from other sources, and to provide for disbursement of such moneys to the inmate following the inmates release from imprisonment;
(b) Establish, within appropriations provided for this purpose, a program of release funds to be provided for those inmates who have not been able to accumulate sufficient moneys to accommodate their release needs;
(c) Assess fees to the inmate for self-improvement programs, services and assistance provided by the department when the inmate has moneys to pay for such programs, services and assistance;
(d) Permit inmates to purchase elective programs, services or assistance which are approved by, but are not provided by, the department; and
(e) Assess the inmate for damages or destruction caused by willful misconduct of the inmate.
(3) An inmate sentenced to the custody of the Department of Corrections by an Oregon court is eligible to apply for release funds for a period up to 90 days following the release of the inmate from the Department of Corrections facility by parole or discharge, including a release to the legal custody of another authority in this state. However, inmates eligible to apply for release funds do not include inmates released to the legal custody of another authority in this state for ultimate transfer to the custody of a law enforcement or corrections agency in another state. An inmate released to the legal custody of another authority in this state is not eligible to apply for release funds so long as the person is imprisoned under such authority. [Amended by 1955 c.265 §1; 1967 c.612 §1; 1969 c.502 §11; 1969 c.597 §122b; 1969 c.678 §3; 1983 c.447 §1; 1987 c.320 §168]
421.130
[Repealed by 1959 c.687 §24]
421.135
[Renumbered 421.625]
421.137
Labeling of goods made in hobby and recreation programs; disposition of sale
price. (1) The requirements imposed by this chapter on the labeling and
sale of goods, wares and merchandise made by inmates in any Department of
Corrections institution do not apply to any goods, wares or merchandise made as
part of any hobby or recreation program at the institutions or made by an
inmate on the inmates own time.
(2) The balance of any proceeds from the sale of any goods, wares or merchandise made by an inmate made as part of a hobby or recreation program or on the inmates own time, after deducting any amount that has been distributed to the inmate as spending money in accordance with rules made by the Director of the Department of Corrections, shall be paid to the inmate upon release. [1971 c.275 §2; 1987 c.320 §169]
421.140
[Renumbered 421.408]
421.142
Manufacture and sale of handiwork; disposition of sale price. (1) The
superintendent of the Department of Corrections institution hereby is vested
with authority, in the discretion of the superintendent, to allow the
manufacture of small articles of handiwork by the inmates of the Department of
Corrections institution, out of raw materials purchased by the inmates with
their own funds, which articles may be sold to the public at the Department of
Corrections institution. State-owned property shall not be sold or given to
inmates under this section.
(2) The superintendent of the Department of Corrections institution in which the inmate manufacturing the article is confined may provide that all or a part of the sales price of the articles be deposited to the account of the inmate manufacturing the article. [1953 c.537 §1; 1969 c.502 §12; 1987 c.320 §170]
421.145
Disposition of moneys earned by inmates. No moneys obtained from the sale
of the products of any inmates labor shall be applied toward the maintenance
of the inmate or the support of the dependents of the inmate, or shall become a
part of the betterment fund of the Department of Corrections institution, until
all the cost of operation, maintenance, depreciation and other expenses in
connection with the plant of the Department of Corrections institution industry
in which the inmate is employed are fully paid from the fund arising from the
sale of such products. [Amended by 1959 c.687 §11; 1987 c.320 §171]
421.147
Disposition of unclaimed or abandoned tangible property of inmates; rules.
Notwithstanding ORS 98.302 to 98.436, the Department of Corrections shall
determine and direct the disposition of the unclaimed or abandoned tangible
property of an inmate of a Department of Corrections institution held by the
department. The department shall adopt rules to carry out the duties imposed by
this section. [2005 c.184 §2]
421.150
Custody of federal prisoners. Whenever the proper authorities of the United
States desire that United States prisoners be imprisoned in a Department of
Corrections institution, the Department of Corrections may make arrangements
for the custody of the prisoners upon terms that will be just to both this
state and the United States. [Formerly 421.230; 1987 c.320 §172]
421.155
Dangerous offenders to be observed and treated. Any person sentenced under
ORS 161.725 and 161.735, shall be given such physical, mental and psychiatric
observation and treatment as is available and may tend to rehabilitate such
person and make possible the earliest possible release from the Department of
Corrections institution in which such person is confined, with the least
possible danger to the health and safety of others. [Formerly 421.232; 1971
c.743 §364; 1987 c.320 §173]
421.160
Written report concerning conduct of dangerous offenders. The executive
officer of the Department of Corrections institution in which a person
sentenced under ORS 161.725 and 161.735 is confined, shall make the reports
required by ORS 144.228 (2). All such reports shall be made available to the
Director of the Department of Corrections. [Formerly 421.233; 1969 c.597 §133;
1971 c.743 §365; 1987 c.320 §174]
421.165
[Formerly 421.239; 1963 c.269 §1; 1967 c.354 §2; 1969 c.502 §13; 1969 c.597
§134; 1980 c.9 §1; 1983 c.516 §1; 1987 c.320 §175; 1989 c.790 §57; 1989 c.1024
§1; repealed by 1989 c.790 §58]
421.166
Emergency leave; rules. The Director of the Department of Corrections shall
establish by rule an emergency leave program. An inmate may be granted
emergency leave not to exceed 10 days in length for the following purposes:
(1) To visit a terminally ill member of the inmates family if the member lives within the state.
(2) To visit a gravely ill or injured child of the inmate if the child lives within the state.
(3) To attend the funeral of a member of the inmates immediate family if the funeral is in the state. [1989 c.790 §62]
421.168
Transitional leave; rules. (1) The Director of the Department of
Corrections shall establish by rule a short-term transitional leave program.
The program shall provide inmates with an opportunity to secure appropriate
transitional support when necessary for successful reintegration into the
community prior to the inmates discharge to post-prison supervision.
(2) An inmate may submit a transition plan to the Department of Corrections. The plan shall indicate that the inmate has secured an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 30 days is an essential part of the offenders successful reintegration into the community.
(3) Upon verification of the inmates transition plan, the department may grant a transitional leave no more than 30 days prior to the inmates discharge date.
(4) No inmate shall be eligible for transitional leave before having served six months of prison incarceration.
(5) The department shall establish by rule a set of release conditions for offenders released on transitional leave status. An offender on transitional leave status shall be subject to immediate return to prison for any violation of the conditions of release.
(6) The provisions of this section do not apply to inmates whose sentences were imposed under ORS 137.635. [1989 c.790 §63]
421.170
Enrollment of inmate in work release program. The superintendent of the
Department of Corrections institution in which an inmate is confined may
recommend to the Director of the Department of Corrections that an inmate of
the Department of Corrections institution be enrolled in the work release
program established under ORS 144.420. If the inmate has not served at least
one-fourth of the maximum term of the sentence, the superintendent must, prior
to making a recommendation, consider the original recommendation, if any, of
the sentencing court. [1965 c.463 §6; 1969 c.502 §14; 1987 c.320 §176]
INMATE DISCIPLINE
421.180
Disciplinary procedures; rules. The Department of Corrections by rule shall
adopt procedures to be utilized in disciplining persons committed to the
physical and legal custody of the department. [1973 c.621 §4; 1983 c.211 §1;
1987 c.320 §177]
421.185
Assistance and representation in disciplinary procedures. The procedures
adopted pursuant to ORS 421.180 shall provide that an inmate shall be entitled
to assistance and representation under terms and conditions established by the
Department of Corrections. Nothing in this section shall be construed to limit
the authority of the department to designate persons eligible to assist and
represent the inmate. [1973 c.621 §5; 1987 c.320 §178]
421.190
Admissible evidence at disciplinary hearing. Evidence may be received at
disciplinary hearings even though inadmissible under rules of evidence
applicable to court procedure and the department shall establish procedures to
regulate and provide for the nature and extent of the proofs and evidence and
the method of taking and furnishing the same in order to afford the inmate a
reasonable opportunity for a fair hearing. [1973 c.621 §6; 1987 c.320 §179]
421.194
Disciplinary orders not subject to judicial review. (1) Disciplinary orders
of the Department of Corrections issued under procedures adopted pursuant to
ORS 421.180 are not subject to judicial review by any court of this state.
(2) This section does not affect any right that an inmate may have to prosecute a writ of habeas corpus. [1995 c.108 §2]
421.195
[1973 c.621 §7; 1977 c.323 §1; 1977 c.374 §4; 1983 c.740 §144; 1987 c.320 §180;
repealed by 1995 c.108 §5]
TRANSFER OF INMATES
421.205
Contracts with federal government, other states or counties, or other agencies
for detention and care of inmates. (1) The Department of Corrections may
enter into contracts or arrangements with the authorities of the federal
government, of any state having a reformatory or prison for the confinement and
detention of inmates that is not a party to the Interstate Corrections Compact
under ORS 421.245 or the Western Interstate Corrections Compact under ORS
421.284, or of any county in this state. This contract may provide for the
reception, detention, care, maintenance and employment of persons convicted of
felony in the courts of this state and sentenced to a term of imprisonment
therefor.
(2) The Department of Corrections may enter into contracts or arrangements with the federal government and with states that are not parties to the Interstate Corrections Compact under ORS 421.245 or the Western Interstate Corrections Compact under ORS 421.284 to receive, detain, care for, maintain and employ persons convicted of felony by the federal government or in such other states, on such basis as it may agree with the authorities of the federal government or of each state. [Amended by 1959 c.290 §9; 1971 c.242 §1; 1973 c.444 §1; 1979 c.486 §4; 1987 c.320 §181]
421.210
Transfer of inmates to contract institutions; term of confinement. After
the making of a contract under ORS 421.205, persons convicted of felony in the
courts of this state and sentenced to the legal and physical custody of the
Department of Corrections, including those who, at the date of entering into
the contract, are in the legal and physical custody of the Department of
Corrections, may be conveyed, as provided by law, by the Department of
Corrections to the jurisdiction named in the contract. They shall be delivered
to the authorities of said jurisdiction, there to be confined until their
respective sentences have expired or until they are otherwise discharged by
law. [Amended by 1959 c.290 §10; 1969 c.502 §15; 1973 c.444 §2; 1987 c.320
§182]
421.211
[1955 c.309 §2; 1959 c.290 §11; 1959 c.687 §12; 1969 c.502 §16; repealed by
1973 c.444 §3]
421.213
Records of transfer; availability of information; rules. Whenever an inmate
serving a sentence imposed by a court of this state is transferred from a
Department of Corrections institution under this chapter, the superintendent of
the Department of Corrections institution in which the inmate was confined
shall retain a record of the transfer and shall make such information available
to law enforcement agencies and the courts upon request. The Department of
Corrections shall adopt rules governing the release of this information to
other interested parties under ORS 192.410 to 192.505. [1955 c.309 §7; 1959
c.687 §13; 1967 c.471 §5; 1969 c.502 §17; 1983 c.248 §1; 1987 c.320 §183]
421.215
Procurement of transferred inmates when required for judicial proceedings.
If the presence of any inmate confined in a county jail or in the institution
of another state or the federal government, is required in any judicial
proceeding of this state, the superintendent in charge of the institution from
which the inmate was conveyed, upon being so directed by the Director of the
Department of Corrections or upon the written order or direction of any court
of competent jurisdiction or of a judge thereof, shall procure such inmate,
bring the inmate to the place directed in such order and hold the inmate in
custody subject to the further order and direction of the director, or of the
court or of a judge thereof, until the inmate is lawfully discharged from
custody. The superintendent shall, by direction of the director or of the court
or a judge thereof, deliver such inmate into the custody of the sheriff of the
county in which the inmate was convicted, and shall, by like order, return such
inmate to the institution from which the inmate was taken. [Amended by 1955
c.309 §3; 1959 c.687 §14; 1965 c.616 §53; 1969 c.502 §18; 1983 c.740 §145; 1987
c.320 §184]
421.220
Return of transferred inmates. Upon the expiration of any contract entered
into under ORS 421.205, all inmates of this state confined in such institution
or jail shall be returned by the Department of Corrections to department
custody, or delivered to such other institution as the Department of
Corrections has contracted with under ORS 421.205. [Amended by 1955 c.309 §4;
1959 c.687 §15; 1965 c.616 §54; 1969 c.502 §19; 1983 c.740 §146; 1987 c.320
§185]
421.225
Expenses of superintendents. The superintendents shall be allowed and paid
all their necessary expenses and disbursements incurred while performing any
duty required of them by ORS 421.205, 421.210, 421.215 and 421.220. [Amended by
1955 c.309 §5; 1959 c.687 §16; 1969 c.502 §20]
421.229
Transfer of foreign inmates; authority of Governor; written approval of inmate.
When a treaty is in effect between the United States and a foreign country
providing for the transfer of a convicted criminal offender who is a citizen or
national of a foreign country to the foreign country of which the offender is a
citizen or national, the Governor is authorized to act, in accordance with the
treaty, on behalf of the State of Oregon and to approve the transfer of the
convicted criminal offender, provided that such offender approves of the
transfer in writing. [1979 c.486 §5]
Note:
421.229 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 421 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
421.230
[Amended by 1959 c.687 §17; renumbered 421.150]
421.232
[1955 c.636 §4; 1961 c.424 §7; renumbered 421.155]
421.233
[1955 c.636 §8; 1961 c.424 §8; renumbered 421.160]
421.235
[Repealed by 1957 c.160 §6]
421.237
[1955 c.254 §2; repealed by 1957 c.160 §6]
421.239
[1955 c.59 §1; 1959 c.687 §18; renumbered 421.165]
421.240
[Amended by 1953 c.111 §3; renumbered 421.270]
INTERSTATE CORRECTIONS COMPACT
421.245
Interstate Corrections Compact. The Interstate Corrections Compact is
enacted into law and entered into by this state with all other jurisdictions
legally joining therein in the form substantially as follows:
______________________________________________________________________________
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(1) State means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico.
(2) Sending state means a state party to this compact in which conviction or court commitment was had.
(3) Receiving state means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.
(4) Inmate means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
(5) Institution means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (4) of this Article may lawfully be confined.
ARTICLE III
CONTRACTS
(1) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
(a) Its duration.
(b) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
(c) Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom.
(d) Delivery and retaking of inmates.
(e) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(2) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(1) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(2) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(3) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
(4) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(5) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(6) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(7) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(8) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.
(9) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION
(1) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(2) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained in this compact shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
______________________________________________________________________________
[1979 c.486 §1]
Note:
421.245 to 421.254 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 421 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
421.250
Powers of Governor; delegation of authority. The Governor is authorized and
directed to do all things necessary or incidental to the carrying out of the
compact in every particular and the Governor may in the discretion of the
Governor delegate this authority to the Director of the Department of
Corrections. [1979 c.486 §2; 1987 c.320 §186]
Note:
See note under 421.245.
421.254
Priority of corrections compacts. Whenever any state that is a party to the
Western Interstate Corrections Compact becomes a party to the Interstate
Corrections Compact, this state will perform its duty toward that state under
the Interstate Corrections Compact instead of under the Western Interstate Corrections
Compact in so far as the two compacts conflict. [1979 c.486 §3]
Note:
See note under 421.245.
421.255
[1955 c.660 §6; 1959 c.550 §1; repealed by 1965 c.616 §101]
421.260
[1955 c.660 §7; 1959 c.550 §2; repealed by 1965 c.616 §101]
421.265
[1955 c.660 §8; 1959 c.550 §3; repealed by 1965 c.616 §101]
421.270
[Formerly 421.240; repealed by 1959 c.550 §4]
WESTERN INTERSTATE CORRECTIONS COMPACT
421.282
Definitions for ORS 421.282 to 421.294. As used in ORS 421.282 to 421.294,
unless the context requires otherwise:
(1) Compact means the Western Interstate Corrections Compact as set forth in ORS 421.284.
(2) Inmate, institution and state have the meanings defined in Article II of the compact. [1959 c.290 §2]
421.284
Western Interstate Corrections Compact. The Western Interstate Corrections
Compact hereby is enacted into law and entered into on behalf of this state
with all other states legally joining therein in a form substantially as
follows:
______________________________________________________________________________
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(a) State means a state of the United States or, subject to the limitation contained in Article VII, Guam.
(b) Sending state means a state party to this compact in which conviction was had.
(c) Receiving state means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.
(d) Inmate means a male or female offender who is under sentence to or confined in a prison or other correctional institution.
(e) Institution means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.
ARTICLE III
CONTRACTS
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding upon the state so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
______________________________________________________________________________ [1959 c.290 §3; 2005 c.22 §296]
421.286
Commitments or transfers of inmates to institution in another state. Any
court, agency or officer of this state having power to commit or transfer an
inmate to an institution for confinement may commit or transfer the inmate to
any institution in another state if this state has entered into a contract for
the confinement of inmates in an institution of the other state pursuant to
Article III of the compact. [1959 c.290 §4]
421.288
Enforcing and administering compact. All courts, agencies and officers of
this state or any political subdivision therein shall enforce the compact and
carry out its provisions including, but not limited to, making and submitting
such reports as the compact requires. [1959 c.290 §5]
421.290
Hearings by director. (1) The Director of the Department of Corrections
shall hold such hearings as are requested by another state pursuant to Article
IV (f) of the compact. ORS chapter 183 does not apply to these hearings, which
shall be conducted in compliance with Article IV (f) of the compact.
(2) The cost of any hearing conducted under subsection (1) of this section shall be paid out of the Department of Corrections Revolving Fund. Reimbursements received from the state that requested the hearing shall be paid into the revolving fund. [1959 c.290 §6; 1965 c.616 §55; 1969 c.597 §135; 1987 c.320 §187]
421.292
Hearings in another state. (1) The State Board of Parole and Post-Prison
Supervision may hold hearings in another state in connection with the case of
an inmate confined in an institution of another state that is a party to the
compact, or may request a hearing to be held by officers of the other state
under Article IV (f) of the compact.
(2) The cost of any hearing conducted under subsection (1) of this section shall be paid by the Department of Corrections out of money appropriated to the department for the purpose of paying lawful expenses of the department. [1959 c.290 §7; 1969 c.597 §136; 1983 c.740 §147; 1987 c.320 §188]
421.294
Contracts to implement compact. The Department of Corrections may enter
into any contracts on behalf of this state, not prohibited by any law of this
state, as it considers appropriate to implement the participation of this state
in the compact pursuant to Article III thereof. However, the department shall
not enter into any contract:
(1) Relating to commitments or transfers of children who are under 12 years of age;
(2) Providing for commitments or transfers of inmates from another state who are 19 years of age or older to a youth correction facility, as defined in ORS 420.005; or
(3) Providing for commitments or transfers of youths in this state who are under 17 years of age to an institution in another state if any of the inmates in that institution are 21 years of age or older. [1959 c.290 §8; 1987 c.320 §189; 1996 c.4 §6; 2001 c.295 §14]
INTERSTATE FOREST FIRE SUPPRESSION COMPACT
421.296
Interstate Forest Fire Suppression Compact. The Interstate Forest Fire
Suppression Compact is enacted into law and entered into on behalf of this
state with all other states legally joining therein in a form substantially as
follows:
______________________________________________________________________________
ARTICLE I
Purpose
The purpose of this compact is to provide for the development and execution of programs to facilitate the use of offenders in the forest fire suppression efforts of the party states for the ultimate protection of life, property and natural resources in the party states. The purpose of this compact is also, in emergent situations, to allow a sending state to cross state lines with an inmate when, because of weather or road conditions, it is necessary to cross state lines to facilitate the transport of an inmate.
ARTICLE II
Definitions
(1) Sending state means a state party to this compact from which a fire suppression unit is traveling.
(2) Receiving state means a state party to this compact to which a fire suppression unit is traveling.
(3) Inmate means a male or female offender who is under sentence to or confined in a prison or other correctional institution.
(4) Institution means any prison, reformatory, honor camp or other correctional facility, except facilities for the mentally ill or mentally handicapped, in which inmates may lawfully be confined.
(5) Fire suppression unit means a group of inmates selected by the sending states, corrections personnel and any other persons deemed necessary for the transportation, supervision, care, security and discipline of inmates to be used in forest fire suppression efforts in the receiving state.
(6) Forest fire means any fire burning in any land designated by a party state or the federal land management agencies as forestland.
ARTICLE III
Contracts
(1) Each party state may make one or more contracts with any one or more of the other party states for the assistance of one or more fire suppression units in forest fire suppression efforts. Any such contract shall provide for matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(2) The terms and provisions of this compact shall be part of any contract entered into by the authority of, or pursuant to, this compact. Nothing in any such contract may be inconsistent with this compact.
ARTICLE IV
Procedures and Rights
(1) Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each party state.
(2) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, which has entered into a contract pursuant to this compact, decide that the assistance of a fire suppression unit of a party state is required for forest fire suppression efforts, the authorities may request the assistance of one or more fire suppression units of any state party to this compact through an appointed liaison.
(3) Inmates who are members of a fire suppression unit shall at all times be subject to the jurisdiction of the sending state and at all times shall be under the ultimate custody of corrections officers duly accredited by the sending state.
(4) The receiving state must make adequate arrangements for the confinement of inmates who are members of a fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional confinement.
(5) Cooperative efforts shall be made by corrections officers and personnel of the receiving state located at a fire camp with the corrections officers and other personnel in the establishment and maintenance of fire suppression unit base camps.
(6) All inmates who are members of a fire suppression unit of a sending state shall be cared for and treated equally with such similar inmates of the receiving state.
(7) Further, in emergent situations, a sending state shall be granted authority and all the protections of this compact to cross state lines with an inmate when, because of road conditions, it is necessary to facilitate the transport of an inmate.
ARTICLE V
Acts Not Reviewable in Receiving State: Extradition
(1) If while located within the territory of a receiving state there occurs against the inmate within such state any criminal charge or if the inmate is suspected of committing within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(2) An inmate member of a fire suppression unit of the sending state who is deemed to have escaped by a duly accredited corrections officer of a sending state shall be under the jurisdiction of both the sending state and the receiving state. Nothing contained in this Article shall be construed to prevent or affect the activities of officers and guards of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Entry into Force
This compact shall enter into force and become effective and binding upon approval of this compact by at least two of the states from among the States of Idaho, Oregon and Washington.
ARTICLE VII
Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states.
ARTICLE VIII
Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair any agreement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE IX
Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
______________________________________________________________________________ [1991 c.302 §2]
421.297
Powers of Governor; delegation of authority. The Governor is authorized and
directed to do all things necessary or incidental to the carrying out of the
compact in every particular and the Governor may in the discretion of the
Governor delegate this authority to the Director of the Department of Corrections.
[1991 c.302 §3]
421.298
Duties of State Forester. The State Forester shall make reasonable efforts
to use local available crews within Oregon before calling on fire suppression
units from other states. [1991 c.302 §4]
INMATE INDUSTRIES AND COMMODITIES
421.305
Establishment of industries in institutions; authority of Oregon Corrections
Enterprises; rules; fees. (1) Subject to the authority of the Director of
the Department of Corrections over care, custody and control of inmates and of
corrections institutions, in carrying out the powers and duties generally
described by ORS 421.354, Oregon Corrections Enterprises may:
(a) Install and equip plants in any of the Department of Corrections institutions, or any other location, for the employment of any of the inmates therein in forms of industry and employment not inconsistent with section 41, Article I, Oregon Constitution, and this chapter.
(b) Purchase, acquire, install, maintain and operate materials, machinery and appliances necessary in the conduct and operation of such plants.
(c) Make any and all contracts or agreements, enter into any partnerships, joint ventures or other business arrangements, create and participate fully in the operation of any business structure, including but not limited to the development of business structures for inmate work program systems and networks with any public, private, government, nonprofit or for-profit person or entity that in the judgment of Oregon Corrections Enterprises is necessary or appropriate to accomplish the marketing of products or services produced by inmates or the production of goods, wares or services by inmates.
(d) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all funds, appropriations and revenues received by Oregon Corrections Enterprises from any source.
(e) Determine, approve or adopt policies for the organization, administration and development of Oregon Corrections Enterprises.
(f) Sue in the name of Oregon Corrections Enterprises and be sued, plead and be impleaded in all actions, suits or proceedings in any forum brought by or against Oregon Corrections Enterprises by any and all private or local, federal or other public entities, agencies or persons. Oregon Corrections Enterprises shall not have authority to sue or be sued by the State of Oregon.
(g) Appoint and employ any instructional, administrative, professional, trade, occupational and other personnel as are necessary or appropriate to carry out the duties and missions of Oregon Corrections Enterprises, and prescribe their compensation and terms of office or employment.
(h) Purchase, acquire, receive, hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use, dispose of and hold title to real and personal property of any nature, including intellectual property, in the name of Oregon Corrections Enterprises.
(i) Hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use and dispose of any and all Oregon Corrections Enterprises products and services. Oregon Corrections Enterprises shall adopt policies regarding the sale of products and services of Oregon Corrections Enterprises, which products and services shall be sold for cash or on such terms as are approved by the administrator.
(j) Subject to ORS 283.085 to 283.092, borrow money for the needs of Oregon Corrections Enterprises in such amounts and for such time and upon such terms as may be determined by the administrator.
(k) Erect, construct, improve, develop, repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate, use, dispose of and hold title to buildings, structures and lands for Oregon Corrections Enterprises.
(L) Authorize, create, eliminate, establish, operate, reorganize, reduce or expand any program, system, facility or other unit of operation in furthering the missions of Oregon Corrections Enterprises.
(m) Establish, charge, collect and use charges and fees for Oregon Corrections Enterprises services and the use of Oregon Corrections Enterprises facilities.
(n) Establish agreements with any state agency for the performance of such duties, functions and powers as the administrator may determine to be appropriate.
(o) Make available, by lease or otherwise, or control access to any Oregon Corrections Enterprises facilities or services or other of its properties and assets to such persons, firms, partnerships, associations or corporations and on such terms the administrator considers appropriate, charge and collect rent or other fees or charges therefor and terminate or deny any such access or any such lease or other agreement for such reasons as the administrator considers appropriate and as may be consistent with the obligations of Oregon Corrections Enterprises under any such lease or other agreement.
(p) Contract for the operation of any department, section, equipment or holdings of Oregon Corrections Enterprises and enter into any agreements with a person, firm or corporation for the management by a person, firm or corporation on behalf of Oregon Corrections Enterprises of any of its properties or for the more efficient or economical performance of clerical, accounting, administrative and other functions relating to its inmate work program facilities.
(q) Enter into affiliation, cooperation, territorial, management or other similar agreements with other public or private inmate work programs for the sharing, division, allocation or furnishing of services on an exclusive or a nonexclusive basis, management of facilities, formation of Oregon Corrections Enterprises systems and other similar activities.
(2) Products and services provided to a private vendor pursuant to a contract under subsection (1)(c) of this section are not subject to the limits imposed by ORS 421.312.
(3)(a) Plants may be installed or equipped for purposes of this section on the premises of a Department of Corrections institution upon approval by the Director of the Department of Corrections.
(b) The director shall have sole discretion regarding whether a plant may be installed on the premises of a Department of Corrections institution, and the director shall determine the manner of such installation.
(c) The director shall have sole discretion regarding access by any person to any plant under construction, installed or located on the premises of a Department of Corrections institution.
(d) The director may enter into any and all contracts or agreements, enter into any partnership, joint venture or other business arrangement and create and participate fully in the operation of any business structure, including but not limited to the development of business structures for inmate work program systems and networks with any public, private, government, nonprofit or for-profit person or entity that in the judgment of the director is necessary or appropriate to accomplish the production services by inmates.
(4) Compensation, if any, paid to inmates assigned to work in industries under this section shall be determined and established by the administrator of Oregon Corrections Enterprises upon the approval of the director. The prevailing wage paid in the marketplace for the work performed shall be paid to workers, other than inmates, who are employed to operate the industry provided for in this section.
(5) The director, in consultation with the administrator of Oregon Corrections Enterprises, shall adopt rules providing for the disposition of any compensation earned under this section. [Amended by 1965 c.616 §57; 1983 c.574 §1; 1987 c.320 §190; 1995 c.384 §11; 1997 c.851 §3; 1999 c.955 §15]
421.310
[Amended by 1955 c.55 §3; 1965 c.616 §58; 1969 c.349 §4; 1981 c.380 §1; 1983
c.574 §2; 1987 c.153 §2; 1987 c.320 §191; 1989 c.89 §1; 1995 c.384 §12;
repealed by 1997 c.851 §17]
421.312
Contracts with federal government for producing goods or furnishing services of
inmates during national emergency authorized. (1) The Department of
Corrections or Oregon Corrections Enterprises may enter into contracts or
agreements with any agency of the federal government providing for the sale to
such agency of goods, wares or merchandise manufactured, mined or produced in any
of the Department of Corrections institutions of this state or by Oregon
Corrections Enterprises, or providing for the furnishing of the labor or
services of inmates of any such institutions to such agency, or containing both
such provisions, when the President of the United States has, by official
action, recognized the existence of a national emergency.
(2) A contract or agreement made pursuant to subsection (1) of this section may authorize the use of the facilities of any Department of Corrections institution or Oregon Corrections Enterprises facilities in conjunction with:
(a) The manufacturing, mining or producing of any goods, wares or merchandise being sold to an agency of the federal government.
(b) The furnishing of the labor or services of inmates of any Department of Corrections institution to any agency of the federal government. [1955 c.55 §2; 1965 c.616 §59; 1987 c.320 §192; 1999 c.955 §16]
421.315
[Amended by 1955 c.55 §4; 1965 c.616 §60; repealed by 1981 c.380 §4]
421.320
[Amended by 1965 c.616 §61; repealed by 1981 c.380 §4]
421.325
[Amended by 1959 c.687 §19; 1983 c.574 §4; 1987 c.320 §193; 1995 c.384 §13;
repealed by 1999 c.955 §28]
421.330
[Amended by 1965 c.616 §62; repealed by 1981 c.380 §4]
421.335
[Amended by 1965 c.616 §63; 1969 c.349 §5; repealed by 1981 c.380 §4]
421.340
Rules for exchange of products among institutions. The Department of
Corrections and such officials as may direct or control the management of
penal, correctional, custodial and charitable institutions of the state or its
political subdivisions, and the youth correction facilities, shall jointly
annually promulgate rules to authorize the purchase by such institutions of the
products to be manufactured by Oregon Corrections Enterprises. [Amended by 1965
c.616 §64; 1987 c.320 §194; 1999 c.955 §17]
421.343
[1989 c.82 §1; repealed by 1999 c.955 §28]
OREGON CORRECTIONS ENTERPRISES
421.344
Creation of Oregon Corrections Enterprises as semi-independent agency;
administrator. There is established Oregon Corrections Enterprises, a
semi-independent agency. The Director of the Department of Corrections shall
assign or appoint an administrator who shall serve at the pleasure of the
director. The administrator shall have authority to do all things necessary and
convenient to carry out ORS 192.502, 421.305, 421.312, 421.344 to 421.367,
421.412, 421.442, 421.444 and 421.445. [1999 c.955 §3]
421.345
[Amended by 1955 c.445 §1; repealed by 1965 c.616 §101]
421.347
Advisory council; membership; duties. (1) The administrator of Oregon
Corrections Enterprises shall establish, by the issuance of a policy directive
or order, an advisory council consisting of not fewer than three members to
provide policy input concerning Oregon Corrections Enterprises operations and
its discharge of the functions and duties prescribed by section 41, Article I
of the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to
421.367, 421.412, 421.442, 421.444 and 421.445. The council shall select one of
its members as chairperson. The council shall meet not less frequently than
semiannually at the offices of Oregon Corrections Enterprises. The council
shall meet at such other times and places specified by the administrator. All
members shall be entitled to expenses as provided in ORS 292.495.
(2) The membership of the advisory council shall consist of at least one representative of each of the following interests, as determined at the discretion of the administrator:
(a) At least one member shall be a person who has experience in, and can represent the interests and perspective of the banking or finance industry;
(b) At least one member shall be a person who has experience in and can represent the interests and perspective of private business in Oregon; and
(c) At least one member shall be a person who has experience in the field of labor relations and can represent the interests and perspective of organized labor.
(3) Members of the advisory council must be citizens of the United States and residents of the State of Oregon. No member of the council may be an employee of the Department of Corrections or of Oregon Corrections Enterprises.
(4) The order or policy directive that establishes the advisory council may specify the terms of office of members of the council and may provide for removal of members from the advisory council by the administrator, either at the pleasure of the administrator or for other grounds specified in the order or policy directive. Upon the expiration or termination of the term of any member appointed to represent an interest under subsection (2) of this section, the administrator shall appoint a successor to represent that interest. A member of the advisory council shall be eligible for reappointment. [1999 c.955 §4]
421.349
Advisory committee; duties. In addition to the advisory council required by
ORS 421.347, the administrator may establish, by the issuance of a policy
directive or order, one or more advisory committees, bodies or advisors to
advise and assist Oregon Corrections Enterprises in discharging its functions
and duties as prescribed by section 41, Article I of the Oregon Constitution,
and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442,
421.444 and 421.445. The administrator may authorize the payment of expenses,
as provided in ORS 292.495, to the members of any advisory committee or body
established under this section. [1999 c.955 §5]
421.350
[Amended by 1965 c.616 §65; repealed by 1981 c.380 §4]
421.352
Applicability of certain statutes to Oregon Corrections Enterprises. (1)
The provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C,
283, 291, 292 and 293 and ORS 35.550 to 35.575, 183.710 to 183.725, 183.745,
183.750, 184.345, 190.430, 190.490, 200.035, 236.380, 236.605 to 236.640,
243.303, 243.305, 243.315, 243.325 to 243.335, 243.345, 243.350, 243.696,
279.835 to 279.855, 282.010 to 282.150 and 656.017 (2) shall not apply to
Oregon Corrections Enterprises.
(2) Oregon Corrections Enterprises shall not be subject to any provision of law enacted after December 2, 1999, that governs state agencies generally unless the provision specifically provides that it applies to Oregon Corrections Enterprises. [1999 c.955 §6; 2003 c.794 §279]
421.354
Authority of Oregon Corrections Enterprises. (1) Oregon Corrections
Enterprises may engage eligible inmates in state corrections institutions in
work or on-the-job training. This authority is subject to the authority granted
the Director of the Department of Corrections by section 41, Article I of the
Oregon Constitution, and to any rules or orders issued by the director
regarding care, custody and control of inmates. Oregon Corrections Enterprises
shall ensure that all inmate work and on-the-job training programs are
cost-effective and designed to develop inmate motivation, work capabilities,
cooperation and successful transition into the community.
(2) Oregon Corrections Enterprises may enter into contracts or agreements with private persons or government agencies for the purpose of:
(a) Accomplishing the production and marketing of products or services produced or performed by inmates;
(b) Making prison work products or services available to any public agency and to any private enterprise; or
(c) Making prison work products available to any private person.
(3) Oregon Corrections Enterprises may make or enter into any agreement to assist inmates in making a successful transition upon release by state correction institutions.
(4) Oregon Corrections Enterprises shall carry out the public purposes and missions stated in section 41, Article I of the Oregon Constitution, and in this section in the manner that, in the determination of Oregon Corrections Enterprises, best promotes the public welfare of the people of the State of Oregon. [1999 c.955 §7]
421.355
[Amended by 1965 c.616 §66; repealed by 1981 c.380 §4]
421.357
Limitation on amount agency may charge Oregon Corrections Enterprises; costs of
audits. (1) A state agency shall not charge Oregon Corrections Enterprises
for services or products provided by the agency in an amount that exceeds the
amount the agency charges other state agencies for the same services or
products.
(2) Oregon Corrections Enterprises shall pay the cost of audits of Oregon Corrections Enterprises performed pursuant to the Secretary of States statutory and constitutional authority. [1999 c.955 §11]
421.359
Disposition of income and revenues. All income and revenues generated or
received by Oregon Corrections Enterprises shall remain within, and are
continuously appropriated to, Oregon Corrections Enterprises for the purposes
of discharging the functions and duties prescribed by section 41, Article I of
the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367,
421.412, 421.442, 421.444 and 421.445. There shall be no commingling of funds
between Oregon Corrections Enterprises and the Department of Corrections. [1999
c.955 §9]
421.360
[Repealed by 1981 c.380 §4]
421.362
Continuation of employment of certain Department of Corrections employees;
alternative retirement programs. (1) All persons employed by the Department
of Corrections in inmate work programs on December 2, 1999, shall be offered
continuation of their employment with Oregon Corrections Enterprises. Those
employees who continue employment with Oregon Corrections Enterprises shall
retain their Public Employees Retirement System status granted prior to
December 2, 1999. The terms and conditions of the continued employment shall be
determined by the administrator. The terms and conditions of employment for
Oregon Corrections Enterprises employees who may become represented for
collective bargaining in the appropriate bargaining unit shall be determined in
accordance with ORS 243.650 to 243.782, except for ORS 243.696. For purposes of
collective bargaining, the appropriate bargaining unit shall be a separate unit
composed exclusively of Oregon Corrections Enterprises employees.
(2) Notwithstanding the provisions of ORS chapter 237, Oregon Corrections Enterprises may offer to its employees alternative retirement programs in addition to the Public Employees Retirement System. [1999 c.955 §13]
421.364
Provision of legal services to Oregon Corrections Enterprises.
Notwithstanding any other provision of law, the Attorney General, at the
request of Oregon Corrections Enterprises, shall identify one or more assistant
attorneys general to provide legal services related to the inmate work programs
of Oregon Corrections Enterprises. At least one assistant attorney general
shall have an office located at the main office of Oregon Corrections
Enterprises as a primary office location. [1999 c.955 §14]
421.365
[Repealed by 1981 c.380 §4]
421.367
Report to Governor and Legislative Assembly. (1) Oregon Corrections
Enterprises shall report annually to the Governor and the Legislative Assembly
regarding Oregon Corrections Enterprises activities and operations for the
preceding year.
(2) Notwithstanding ORS 421.352, Oregon Corrections Enterprises shall provide to the Oregon Department of Administrative Services such financial information as the Oregon Department of Administrative Services may require for purposes of completing the financial report described in ORS 291.040. [1999 c.955 §8]
421.400
[1989 c.855 §1; repealed by 1997 c.851 §17]
INMATE LABOR GENERALLY
421.405
Use of inmate labor for benefit of officials prohibited; exceptions. (1)
Except as provided in subsection (2) of this section, no officer or employee of
this state shall receive the use or profit of the labor or services of any
inmate of a Department of Corrections institution, or be directly or indirectly
interested in any contract or work upon which inmates are employed. However,
this subsection does not prohibit inmates from doing work or services:
(a) As janitors or gardeners in or about the institutional premises or premises owned or controlled by Oregon Corrections Enterprises.
(b) As chauffeur or driver of a vehicle used by any prison official or employees of Oregon Corrections Enterprises in the discharge of official business.
(c) Contemplated under ORS 421.455 to 421.480.
(2) Subsection (1) of this section does not prohibit inmates from performing work or services as apprentices or trainees in a program conducted pursuant to ORS 660.002 to 660.210 for any officer or employee of this state who does not exercise direct Department of Corrections institution supervisory authority over the inmates. [Amended by 1959 c.687 §20; 1961 c.213 §1; 1965 c.616 §67; 1969 c.502 §21; 1979 c.68 §1; 1987 c.320 §195; 1999 c.955 §18]
421.408
[Formerly 421.140; 1965 c.616 §68; 1969 c.502 §22; 1969 c.570 §1; 1987 c.320
§196; repealed by 1995 c.384 §28]
421.410
[Amended by 1957 c.343 §1; 1961 c.213 §2; 1965 c.463 §20; 1965 c.616 §69; 1979
c.68 §2; 1981 c.380 §2; 1983 c.574 §3; 1987 c.320 §197; repealed by 1999 c.955
§28]
421.412
Use of inmate labor in acquisition of crops to be consumed in state
institutions. (1) Notwithstanding any other provision of law, the
Department of Corrections or Oregon Corrections Enterprises may enter into a
contract with a person for the purchase or donation of fruit, vegetables or
other crops for use or consumption in state institutions. The contract may
provide that any or all labor required inside or outside of the Department of
Corrections institutions to harvest, load and transport the fruit, vegetables
or other crop shall be performed by inmates confined in such institutions. The
department or Oregon Corrections Enterprises may enter into a contract pursuant
to this section only if it appears to the department or Oregon Corrections
Enterprises that the contract would be advantageous.
(2) Notwithstanding any other provision of law, the Director of the Department of Corrections, in compliance with the rules of the department, may authorize the use of inmates from the institution for the purpose of harvesting, loading and transporting the fruit, vegetables or other crops which are the subject matter of a contract made under subsection (1) of this section.
(3) This section authorizes use of inmate labor for cultivating, clearing, grading, draining, restoring riparian areas and other improvement of private or public land, or any contract or agreement therefor. [1955 c.253 §2; 1959 c.687 §21; 1965 c.616 §70; 1969 c.502 §23; 1987 c.320 §198; 1999 c.955 §19]
421.415
[Amended by 1959 c.687 §22; repealed by 1965 c.616 §101]
421.420
Use of inmate labor to clear unimproved land. The Department of Corrections
may enter into a contract with any person whom it considers advisable in
connection with a Department of Corrections institution for employment of
inmates therein in clearing unimproved land in the state. [Amended by 1959
c.687 §23; 1965 c.616 §71; 1987 c.320 §199]
421.425
[Renumbered 421.620]
421.430
[Repealed by 1959 c.687 §24]
421.431
[1995 c.384 §1; repealed by 1997 c.851 §17]
421.434
[1995 c.384 §2; repealed by 1999 c.955 §28]
421.435
[Repealed by 1959 c.687 §24]
421.436
[1995 c.384 §14; repealed by 1997 c.851 §17]
PRISON WORK PROGRAMS
421.437
Inmate compensation; rules. (1) Inmates who participate in programs
operated by the Department of Corrections or Oregon Corrections Enterprises
shall be permitted to retain a portion of compensation earned, if any, for
their personal use as determined and established by the Director of the
Department of Corrections by rule. The director shall ensure that the rules
adopted under this section are designed to:
(a) Instill in inmates a viable work ethic;
(b) Emulate private gainful employment;
(c) Encourage productivity; or
(d) Maintain the safe, secure and orderly operation and management of department facilities.
(2) Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates, the rules adopted under subsection (1) of this section may not authorize inmates engaged in prison work programs to retain for their personal use more than 20 percent of gross compensation paid. [1997 c.851 §11; 1999 c.955 §20]
421.438
Authority to enter into contracts concerning certain operations and programs.
(1) The Department of Corrections may enter into contracts for the purchase or
other acquisition, transfer or disposition of supplies, materials, equipment,
products and other personal property, and services for the following prison
operations and programs:
(a) Prison work and on-the-job training programs;
(b) Forest and work camps established under ORS chapter 421;
(c) Farm and agricultural operations and programs;
(d) Food services operations and programs; and
(e) Facility or property maintenance operations and programs.
(2) Notwithstanding ORS 179.040 or any other law, the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to contracts entered into by the department under this section. [1995 c.384 §17; 1997 c.802 §19; 1997 c.851 §4; 2003 c.794 §280]
Note: 421.438 and 421.442 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
421.440
[1995 c.384 §25; repealed by 1999 c.955 §28]
421.442
Creation of accounts and subaccounts relating to prison work and on-the-job
training programs. (1) The Department of Corrections may create accounts
and subaccounts as reasonably required to discharge the functions and duties
prescribed by section 41, Article I of the Oregon Constitution, including
accounts and subaccounts for the deposit of income generated from prison work
programs. Accounts and subaccounts created under this subsection shall be
maintained separate and distinct from the General Fund. Moneys credited to the
accounts and subaccounts are continuously appropriated to the department for
the purpose of implementing, maintaining and developing prison work programs.
Moneys in the department accounts or subaccounts may be transferred to the
inmate injury component of the Insurance Fund for the payment of expenses
therefrom authorized by law. Moneys in the accounts or subaccounts may be
invested as provided in ORS 293.701 to 293.790 and as authorized by ORS
421.305. Earnings on the investment of moneys in the accounts or subaccounts
shall be credited to the respective account or subaccount.
(2) Oregon Corrections Enterprises may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.444 and 421.445 and this section, including accounts and subaccounts for the deposit of income generated from prison work programs. All moneys collected or received by Oregon Corrections Enterprises shall be deposited into an account or subaccounts established by Oregon Corrections Enterprises in a depository bank insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. The administrator shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the coverage of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. All moneys in the account or subaccounts are continuously appropriated to Oregon Corrections Enterprises for the purpose of implementing, maintaining and developing prison work programs. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.
(3) Moneys credited to or received by inmate work programs conducted by the department may not be commingled with moneys credited to or received by inmate work programs conducted by Oregon Corrections Enterprises.
(4) Moneys in the accounts or subaccounts are available for implementing, maintaining and developing prison work and on-the-job training programs, including, but not limited to:
(a) The purchase of all necessary machinery and equipment for establishing, equipping and enlarging prison industries;
(b) The purchase of raw materials, the payment of salaries and wages and all other expenses necessary and proper in the judgment of the Director of the Department of Corrections or the administrator of Oregon Corrections Enterprises in the conduct and operation of prison industries; and
(c) Department transfers to the inmate injury component of the Insurance Fund from the payment of expenses authorized by law.
(5) No part of the accounts or subaccounts may be expended for maintenance, repairs, construction or reconstruction, or general or special expenses of a Department of Corrections institution, other than for prison work and on-the-job training programs.
(6) The transfers referred to in subsections (1) and (4)(c) of this section may be authorized by the Legislative Assembly, or the Emergency Board if the Legislative Assembly is not in session, whenever it appears to the Legislative Assembly or the board, as the case may be, that there are insufficient moneys in the inmate injury component of the Insurance Fund for the payment of expenses authorized by law. [1995 c.384 §26; 1997 c.851 §5; 1999 c.955 §27; 2003 c.405 §8]
Note:
See note under 421.438.
421.444
Intellectual property; acquisition and development. (1) The Department of
Corrections and Oregon Corrections Enterprises each may acquire or develop
intellectual property of any kind, whether patentable or copyrightable or not,
including patents, copyrights, trademarks, inventions, discoveries, processes
and ideas.
(2) The department and Oregon Corrections Enterprises each may manage, license, market, develop or dispose of its intellectual property, in whole or in part, in any manner deemed by the department or Oregon Corrections Enterprises to be advisable for implementing, maintaining and developing prison work programs.
(3) Money received by the department or Oregon Corrections Enterprises as a result of its use, ownership, disposal or management of property acquired under this section or of transactions regarding such property shall be deposited in accounts maintained by the department or Oregon Corrections Enterprises as authorized by law. [1997 c.851 §12; 1999 c.955 §21]
421.445
Supervision of inmates in Oregon Corrections Enterprises program; agreements.
Notwithstanding any other law, inmates participating in a program operated by
Oregon Corrections Enterprises may be supervised by any employee or agent of a
local, state or federal governmental agency pursuant to an agreement between
the agency and Oregon Corrections Enterprises. An agreement entered into under
this section must require that the person exercising custodial supervision over
inmates receive security training approved and provided by the Department of
Corrections. [1997 c.851 §18; 1999 c.955 §22]
Note: 421.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
FOREST AND WORK CAMPS
421.450
Definitions for ORS 421.455 to 421.480. As used in ORS 421.455 to 421.480,
unless the context requires otherwise:
(1) Local inmate means a person sentenced by a court or legal authority to serve sentence in a county or city jail, but does not include a child detained by order of the juvenile court.
(2) State inmate means an inmate of a Department of Corrections institution. [1967 c.504 §2; 1987 c.320 §200]
421.455
Forest work camps; restrictions on placement at camps. (1) The Director of
the Department of Corrections shall establish at places in state forests
recommended by the State Board of Forestry one or more forest work camps at
which state inmates and local inmates may be employed. Only such state inmates
as are determined by the Department of Corrections to require minimum security
may be placed at a forest work camp, but the Department of Corrections shall
not place an inmate at a forest work camp if the department is aware that the
inmate has ever been convicted, of:
(a) Rape in the first degree, as described in ORS 163.375.
(b) Rape in the second degree, as described in ORS 163.365.
(c) Rape in the third degree, as described in ORS 163.355.
(d) Sodomy in the first degree, as described in ORS 163.405.
(e) Sodomy in the second degree, as described in ORS 163.395.
(f) Sodomy in the third degree, as described in ORS 163.385.
(g) Unlawful sexual penetration in the first degree, as described in ORS 163.411.
(h) Unlawful sexual penetration in the second degree, as described in ORS 163.408.
(i) Sexual abuse in the first degree, as described in ORS 163.427.
(j) Sexual abuse in the second degree, as described in ORS 163.425.
(k) Any crime in any other jurisdiction that would constitute a crime described in this subsection if presently committed in this state.
(L) Any attempt to commit a crime described in this subsection.
(2) The State Board of Forestry may make contracts with any other state agency in order to effectuate the purposes of ORS 421.455, 421.465, 421.470 and 421.476. [Amended by 1965 c.616 §72; 1967 c.504 §5; 1987 c.320 §201; 1987 c.478 §1; 1991 c.386 §13; 1991 c.830 §12]
421.460
[Amended by 1961 c.656 §2; repealed by 1965 c.616 §101]
421.465
Transfer of state inmates to forest work camp; limitations and conditions.
(1) Upon the requisition of the State Forester, the superintendent shall send
at the time and to the place designated as many state inmates requisitioned
from the institution under the supervision of the superintendent as have been
determined under rules adopted by the Director of the Department of Corrections
to be eligible for employment at a forest work camp and as are available.
(2) Before a state inmate is sent to any forest work camp, the superintendent of the institution in which the inmate is confined shall cause the inmate to be given such inoculations as are necessary in the public interest.
(3) While a state inmate is at a forest work camp, the superintendent of the institution in which the inmate was confined is responsible for the custody and care of the inmate. [Amended by 1961 c.656 §3; 1965 c.616 §73; 1967 c.504 §6; 1969 c.502 §24; 1987 c.320 §202]
421.467
Transfer of local inmates to forest work camp; limitations and conditions.
(1) Subject to ORS 421.468, the governing body of a county or city in this
state may transfer a local inmate to the temporary custody of the Department of
Corrections solely for employment at a forest work camp established under ORS
421.455 to 421.480. The county or city transferring the local inmate shall pay
the cost of transportation and other expenses incidental to the local inmates
conveyance to the forest work camp and the return of the local inmate to the
county or city, including the expenses of law enforcement officers accompanying
the local inmate, and is responsible for costs of any medical treatment of the
local inmate while the local inmate is employed at the forest work camp not
compensated under ORS 655.505 to 655.555.
(2) Before a local inmate is sent to a forest work camp, the governing body of the county or city shall cause the local inmate to be given such inoculations as are necessary in the public interest, and must submit to the Department of Corrections a certificate, signed by a physician licensed under ORS chapter 677, that the local inmate is physically and mentally able to perform the work described in ORS 421.470, and is free from communicable disease. [1967 c.504 §3; 1987 c.320 §203]
421.468
Prior approval required for transfer of local inmate; return; custody and
jurisdiction. (1) A local inmate may not be transferred under ORS 421.467
without the prior approval of the Director of the Department of Corrections.
The director shall return each local inmate to the county or city from which
the local inmate was transferred at such time as the local inmate is to be
released by the county or city, or upon request of the governing body of the
county or city.
(2) While employed at a forest work camp established under ORS 421.455 to 421.480, a local inmate is temporarily within the custody of the Director of the Department of Corrections and subject to rules promulgated by the director governing such custody and employment, but remains subject to the jurisdiction of the county or city. [1967 c.504 §4; 1987 c.320 §204]
421.470
Authority over inmates in camps; cost of care. (1) The Director of the
Department of Corrections has authority over the forest work camps except as
provided in subsection (2) of this section.
(2) The State Forester shall assign and supervise the work of the state inmates and local inmates, which work shall be:
(a) Manual labor, as far as possible, of the type contemplated by ORS 530.210 to 530.280.
(b) Fire-fighting labor of the type contemplated for forest protection districts under ORS chapter 477.
(3) Moneys for the cost of custody of the state inmates and local inmates, and for the labor done by them under this section, shall be paid from funds appropriated and made available to the State Board of Forestry. Moneys for the cost of care of each local inmate shall be paid by the county or city from which the local inmate was transferred under ORS 421.467, but not to exceed $2 a day for each local inmate. Additional moneys required for the cost of care of local inmates shall be paid from funds appropriated and made available to the State Board of Forestry. All such moneys shall be collected by the Director of the Department of Corrections who shall deposit such funds to the credit of the State Prison Work Programs Account. [Amended by 1961 c.213 §3; 1961 c.656 §4; 1965 c.253 §142; 1967 c.504 §7; 1987 c.320 §205; 1995 c.384 §15]
421.475
[Amended by 1955 c.433 §1; 1961 c.656 §5; 1965 c.616 §74; 1967 c.504 §8; 1969
c.570 §2; 1987 c.320 §206; 1995 c.384 §16; repealed by 1997 c.851 §6 (421.476
enacted in lieu of 421.475)]
421.476
Compensation of inmates for labor at forest camps; rules. The Director of
the Department of Corrections shall determine and establish compensation, if
any, to be paid to inmates assigned to work in forest work camps. The director
shall adopt rules providing for the disposition of any compensation earned
under this section. [1997 c.851 §7 (enacted in lieu of 421.475)]
421.480
Return of inmate to institution. When the need for the labor of a state
inmate or local inmate transferred to a forest work camp has ceased or when the
inmate is guilty of any violation of the rules of the Director of the
Department of Corrections, the director may return the inmate to the
institution, county or city from which the inmate was transferred. [Amended by
1961 c.656 §6; 1967 c.504 §9; 1987 c.320 §207]
421.490
Work camps. In addition to camps established under ORS 421.455 to 421.480
the Department of Corrections may execute agreements for the establishment and
operation of work camps for minimum custody inmates of Department of
Corrections institutions in cooperation with all public agencies. [1963 c.157
§2; 1987 c.320 §208]
ALTERNATIVE INCARCERATION PROGRAM
421.500
Findings. The Legislative Assembly finds that:
(1) There is no method in this state for diverting sentenced offenders from a traditional correctional setting;
(2) The absence of a program that instills discipline, enhances self-esteem and promotes alternatives to criminal behavior has a major impact on overcrowding of prisons and criminal recidivism in this state; and
(3) An emergency need exists to implement a highly structured corrections program that involves intensive mental and physical training and substance abuse treatment. [1993 c.681 §1; 1999 c.239 §2]
Note:
421.500 to 421.512 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 421 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
421.502
Definitions for ORS 421.502 to 421.512. As used in ORS 421.502 to 421.512:
(1) Cognitive restructuring means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals.
(2) Department means the Department of Corrections.
(3)(a) Offender includes a person who:
(A) Is in the custody of the department; and
(B) Is at least 18 years of age at the time of entry into the program.
(b) Offender includes a person who is under 18 years of age and has been convicted of a crime upon remand from the juvenile court.
(c) Offender does not include a person convicted of a crime described in ORS 163.095, 163.115, 163.118, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.525, 164.325 or 164.415.
(4) Program means the special alternative incarceration program established under ORS 421.504 and the intensive alternative incarceration addiction program established under ORS 421.506. [1993 c.681 §2; 1999 c.239 §1; 2003 c.464 §3]
Note:
See note under 421.500.
421.504
Alternative incarceration program; requirements. (1) The Department of
Corrections, in consultation with the Oregon Criminal Justice Commission, shall
establish a special alternative incarceration program stressing a highly
structured and regimented routine. The program:
(a) Shall be based on a military basic training model that includes extensive discipline, physical work, physical exercise and military drill;
(b) Shall provide for cognitive restructuring in conformance with generally accepted rehabilitative standards;
(c) Shall include a drug and alcohol treatment component that meets the standards promulgated by the Department of Human Services pursuant to ORS 430.357; and
(d) Shall be no longer than 270 days duration.
(2) The department shall provide capital improvements and capital construction necessary for the implementation of the program.
(3) Notwithstanding subsection (1) of this section, the department may convert the special alternative incarceration program required by this section into an intensive alternative incarceration addiction program as described in ORS 421.506 if the department determines that the needs of offenders in the departments custody would be better served by an intensive alternative incarceration addiction program than by the special alternative incarceration program. [1993 c.681 §3; 1997 c.63 §3; 2005 c.271 §7; 2005 c.708 §12]
Note:
See note under 421.500.
421.506
Intensive alternative incarceration addiction program; requirements. The
Department of Corrections shall establish an intensive alternative
incarceration addiction program. The program shall:
(1) Be based on intensive interventions, rigorous personal responsibility and accountability, physical labor and service to the community;
(2) Require strict discipline and compliance with program rules;
(3) Provide 14 hours of highly structured and regimented routine every day;
(4) Provide for cognitive restructuring to enable offenders participating in the program to confront and alter their criminal thinking patterns;
(5) Provide addiction treatment that incorporates proven, research-based interventions; and
(6) Be at least 270 days duration. [2003 c.464 §2]
Note:
See note under 421.500.
421.508
Determination of eligibility for program; denial; suspension; completion.
(1)(a) The Department of Corrections is responsible for determining which
offenders are eligible to participate in, and which offenders are accepted for,
a program. However, the department may not consider an offender for a program
unless authorized to do so as provided in ORS 137.750.
(b) The department may not accept an offender into a program unless the offender submits a written request to participate. The request must contain a signed statement providing that the offender:
(A) Is physically and mentally able to withstand the rigors of the program; and
(B) Has reviewed the program description provided by the department and agrees to comply with each of the requirements of the program.
(c) The department may deny, for any reason, a request to participate in a program. The department shall make the final determination regarding an offenders physical or mental ability to withstand the rigors of the program.
(d) If the department determines that an offenders participation in a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the department, the department may, in its discretion, accept the offender into the program.
(2) The department may suspend an offender from a program for administrative or disciplinary reasons.
(3) When an offender has successfully completed a program, the department may release the offender on post-prison supervision. Successful completion of a program does not relieve the offender from fulfilling any other obligations imposed as part of the sentence including, but not limited to, the payment of restitution and fines. [1993 c.681 §4; 1997 c.313 §17; 2003 c.464 §4]
Note:
See note under 421.500.
421.510
Eligibility for transitional leave. Offenders participating in a program
are eligible for transitional leave as provided in ORS 421.168. Notwithstanding
the 30-day maximum period allowed in ORS 421.168, the Department of Corrections
may grant a transitional leave of up to 90 days for an offender in a program.
The offender may not be released on transitional leave more than 90 days prior
to the offenders discharge date. [1997 c.63 §2; 2003 c.464 §5]
Note:
See note under 421.500.
421.512
Rulemaking. (1) The Department of Corrections shall adopt rules to carry
out the provisions of ORS 421.504, 421.506 and 421.508.
(2) The Oregon Criminal Justice Commission shall adopt or amend rules as necessary to integrate the programs into sentencing guidelines. [1993 c.681 §5; 2003 c.464 §6]
Note:
See note under 421.500.
MEDICAL TREATMENT PROGRAMS
421.590
Medical treatment programs; sex offenders; establishment; rules. (1) For
the purposes of this section:
(a) Medical treatment program means a treatment program based on a successful medical model that has been proven to reduce recidivism, and that may include treatment by prescribed medication when recommended by a qualified psychiatrist or physician, psychological treatment, or both. Any treatment administered under a medical treatment program must be within the range of treatments generally recognized as acceptable within the medical community.
(b) Program participant means a person sentenced for a term of imprisonment based on conviction of a sex crime or a felony attempt to commit a sex crime, or a person who is eligible for parole or post-prison supervision after a term of imprisonment based on conviction of a sex crime or a felony attempt to commit a sex crime, who agrees to participate in a medical treatment program after having been evaluated to be a suitable candidate and who has been provided with adequate information to give informed consent to participation.
(c) Sex crime means rape in any degree, sodomy in any degree, unlawful sexual penetration in any degree and sexual abuse in the first or second degree.
(2) The Department of Corrections shall establish a medical treatment program for persons convicted of a sex crime or a felony attempt to commit a sex crime. Any person sentenced for a sex crime or a felony attempt to commit a sex crime may be evaluated to determine if available medical or psychological treatment would be likely to reduce the biological, emotional or psychological impulses that were the probable cause of the persons criminal conduct. If the evaluation determines that the person is a suitable candidate, the department shall offer to allow the person to participate in the medical treatment program. The person must agree to become a program participant.
(3) The State Board of Parole and Post-Prison Supervision shall offer as a condition of parole or post-prison supervision to persons convicted of a sex crime or a felony attempt to commit a sex crime the opportunity to participate in a medical treatment program established by the Department of Corrections under this section. Any person eligible for release for a sex crime or felony attempt to commit a sex crime may be evaluated to determine if available medical or psychological treatment would be likely to reduce the biological, emotional or psychological impulses that were the probable cause of the persons criminal conduct. If the evaluation determines that the person is a suitable candidate, the board shall offer to allow the person to participate in the medical treatment program. The person must agree to become a program participant.
(4) The Department of Corrections shall adopt rules prescribing the procedures and guidelines for implementing the medical treatment programs required under the provisions of this section. [1993 c.807 §5; 2003 c.14 §233]
Note:
421.590 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 421 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
STATE PENITENTIARY
421.605
Location and use of penitentiary. The Oregon State Penitentiary, located in
Salem, Marion County, shall be used as a Department of Corrections institution
for the imprisonment of male persons committed to the custody of the Department
of Corrections. [Formerly 421.010; 1971 c.212 §3; 1987 c.320 §208a]
421.609
New correctional facilities; authorization; limitation on. (1) The
Department of Corrections may not seek authorization for construction or
expansion of new correctional facilities or expansion of existing correctional
facilities in this state unless the department:
(a) Has evaluated the availability and cost of using correctional facilities outside this state; and
(b) Has determined that constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities in this state is less expensive than using correctional facilities outside this state after considering constitutional requirements, requirements of state law and available programs that enhance the likelihood of offenders successfully functioning in society upon release.
(2) If the Department of Corrections determines that using appropriate correctional facilities outside this state is less expensive than constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities, the department shall use correctional facilities outside this state. [1997 c.715 §6(1),(2)]
Note: 421.609 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
421.610
[1961 c.491 §1; 1971 c.212 §4; repealed by 1987 c.320 §246]
CORRECTIONS FACILITIES SITING
(Generally)
421.611
Findings. The Legislative Assembly finds that:
(1) There is a serious and urgent need to construct and operate additional correctional facilities in this state to accommodate current and projected prison populations.
(2) Immediate corrections facility planning and siting requires an expedited process. Existing corrections facility siting procedures are inadequate to meet the current and projected need for the siting of additional correctional facilities in this state. [1995 c.745 §1]
Note: 421.611 to 421.630 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
421.612
Definitions. As used in ORS 421.611 to 421.630, unless the context
otherwise requires:
(1) Authority means the Corrections Facilities Siting Authority as established in ORS 421.621.
(2) Department means the Department of Corrections. [1995 c.745 §2]
Note:
See note under 421.611.
421.614
Corrections facilities; determining location. (1) The Department of
Corrections shall determine locations for corrections facilities pursuant to
the provisions of ORS 421.611 to 421.630.
(2) The department shall establish, by rule, mandatory and desirable criteria to be used in the nominations made under ORS 421.616. [1995 c.745 §3]
Note:
See note under 421.611.
421.615
[Formerly 421.030; 1969 c.502 §25; repealed by 1971 c.212 §6]
421.616
When department required to nominate sites for corrections facilities; criteria
for nominations; report required. When directed by executive order of the
Governor to initiate the corrections facility siting process established in ORS
421.611 to 421.630, the Department of Corrections shall:
(1) Nominate sites for the construction and operation of additional corrections facilities in this state, based on the criteria adopted by the department pursuant to ORS 421.614, and the following criteria:
(a) The interest demonstrated by local jurisdictions in having a site selected for a corrections facility within their jurisdiction.
(b) The availability or the ability of the local jurisdictions to provide adequate infrastructure to serve the facility.
(c) Natural features that allow design to promote compatibility with surroundings.
(d) The availability of or ability to provide local support facilities.
(e) The cost of developing the proposed facility, including but not limited to:
(A) The cost of land acquisition and construction including the availability of land or facilities owned by the State of Oregon.
(B) The cost of operating the facility.
(f) The location and dispersal of social service residential facilities and other corrections facilities.
(2) Publish an initial report stating the conclusions of the department with regard to each site nominated.
(3) Provide copies of the report to:
(a) Each of the county commissioners in the county where any of the nominated sites are located;
(b) Each of the city council members where that site is located if any one of the sites is in a city;
(c) Governmental agencies that may be called upon to provide services to the facility at any of the sites, including police, fire, water, sewage, roads and public transit; and
(d) Any member of the public who requests a copy and pays a fee as set by the department.
(4) Provide media notice regarding the process and the sites nominated, including but not limited to publication in a newspaper of general circulation in the county or counties where the sites are located. [1995 c.745 §4]
Note:
See note under 421.611.
421.618
Meetings to discuss site selections. Prior to nominating sites pursuant to
ORS 421.616, the Department of Corrections shall hold a meeting or multiple
meetings with the elected local government officials involved to discuss the
site selections, the on-site and off-site improvements needed at each site and
the site preferences of the local governments. [1995 c.745 §5]
Note:
See note under 421.611.
421.620
[Formerly 421.425; repealed by 1965 c.616 §101]
421.621
Corrections Facilities Siting Authority; membership; duties. (1) There is
established a Corrections Facilities Siting Authority. Subject to the approval
of the Governor, the authority shall make corrections facility site selection
decisions as set forth in ORS 421.623. The authority shall consist of five
persons, to be appointed by the Governor and to serve at the Governors
pleasure. The Governor shall appoint one of the members as chairperson.
(2) A majority of the authority members constitutes a quorum for the transaction of business. Members of the authority are entitled to compensation and expenses as provided in ORS 292.495. Any vacancy shall be filled by the Governor.
(3) The authority shall:
(a) Direct such staff as assigned to it by the Department of Corrections;
(b) Consult with the department, local government officials and others as it deems necessary;
(c) Hold hearings; and
(d) Make decisions on the siting of corrections facilities. [1995 c.745 §6]
Note:
See note under 421.611.
421.623
Hearings in region where nominated site located; ranking sites; findings.
(1) Within 30 days after nomination of sites as set forth in ORS 421.616, the
Corrections Facilities Siting Authority shall hold a hearing within the region
where each nominated site is located to receive Department of Corrections,
local government, neighborhood, law enforcement and public testimony regarding
the sites nominated and conditions proposed therefor.
(2) Not later than 10 days before the hearing held by the authority as required by subsection (1) of this section, any affected local government or any person may submit proposed conditions to the authority. Each proposed condition shall:
(a) Be stated separately;
(b) Be in writing;
(c) Identify the site to which the condition, if approved, would attach;
(d) Be specific;
(e) Directly relate to any site or its proposed development, infrastructure, access thereto or physical condition on or in the immediate vicinity of such site; and
(f) Be supported by a statement of the need or reasons therefor.
(3)(a) Within 45 days after nomination of the sites as set forth in ORS 421.616, the authority shall select and rank in order of preference such sites as the Governor deems necessary or advisable for the construction and operation of corrections facilities, and specify site development conditions for each site, supported by findings, which findings shall address the criteria specified by the department pursuant to ORS 421.614 and in ORS 421.616.
(b) In addition to the findings required by paragraph (a) of this subsection, when the authority refuses to adopt a proposed condition submitted in accordance with subsection (2) of this section, the authority shall state on the record why, in its judgment, the refusal to adopt the proposed condition is in the public interest.
(4) If one or more of the nominated sites meets the mandatory criteria established by the department pursuant to ORS 421.614, the local jurisdiction demonstrates interest as described in subsection (5) of this section, and the authority selects a site that has not demonstrated interest as described under subsection (5) of this section, the authority shall make findings that demonstrate why it selected the site in which the local jurisdiction did not demonstrate interest.
(5) A local jurisdiction may demonstrate interest by presenting to the Department of Corrections a resolution that sets forth such interest no later than 30 days from issuance of an executive order under ORS 421.616. [1995 c.745 §7; 1999 c.853 §1]
Note:
See note under 421.611.
421.625
[Formerly 421.135; repealed by 1965 c.616 §101]
421.626
Notification to Governor; approval or disapproval of sites. (1) As soon as
practicable after making the siting decisions, the Corrections Facilities
Siting Authority shall notify the Governor and shall make available for the
Governors review any documents or materials that the Governor may request.
(2) Within 15 days after receiving the notification required by subsection (1) of this section, the Governor shall approve or disapprove such sites as selected and ranked by the authority as the Governor deems necessary and advisable.
(3) If the Governor disapproves one or more of the sites, the Governor may direct the authority to make and rank an additional selection or selections, as appropriate, from the nominated sites and notify the Governor of the selection. Within 15 days of receiving any new selection, the Governor shall approve or disapprove such additional sites as selected and ranked by the authority as the Governor deems necessary or advisable. [1995 c.745 §8]
Note:
See note under 421.611.
421.628
Effect of decision of Corrections Facilities Siting Authority; public services
necessary for constructing and operating facility. (1) Notwithstanding ORS
169.690, 195.025, 197.180, 215.130 (4) and 227.286 or any other provision of
law, including but not limited to statutes, ordinances, regulations and charter
provisions, the decisions of the Corrections Facilities Siting Authority, if
approved by the Governor, shall bind the state and all counties, cities and
political subdivisions in this state as to the approval of the sites and the
construction and operation of the proposed corrections facilities. Affected
state agencies, counties, cities and political subdivisions shall issue the
appropriate permits, licenses and certificates and enter into any intergovernmental
agreements as necessary for construction and operation of the facilities,
subject only to the conditions of the siting decisions.
(2) Each state or local governmental agency that issues a permit, license or certificate shall continue to exercise enforcement authority over the permit, license or certificate.
(3) Except as provided in subsections (4) to (16) of this section, nothing in ORS 421.611 to 421.630 expands or alters the obligations of cities, counties and political subdivisions to pay for infrastructure improvements for the proposed corrections facilities.
(4) The Department of Corrections shall seek to obtain public services necessary for the construction and operation of corrections facilities from a public body providing such services. The department shall not acquire or develop and furnish its own public services under this section that could be provided by a public body unless the department concludes that the state can achieve significant cost savings by doing so.
(5) Upon request of the Department of Corrections, a public body furnishing public services shall make public services available to the department that are either necessary for the construction and operation of a corrections facility or required by additions to or remodeling of a corrections facility sited or constructed under ORS 421.611 to 421.630 or any other law. All rates, terms and conditions of furnishing public services shall be just, fair and reasonable. A just, fair and reasonable rate shall assure the public body the recovery of the additional costs of providing and maintaining the requested service to the corrections facility, including, but not limited to, feasibility and design engineering costs, and reasonable capacity replacement, but shall not exceed the public bodys actual capital and operating expenses, including reasonable reserves charged to all ratepayers, for such service. The public bodys rates, terms and conditions shall be conclusively deemed to be just, fair and reasonable if the department and public body so agree in writing.
(6) If the Department of Corrections and the public body cannot agree on the rates, terms and conditions of furnishing necessary public services to a corrections facility, either the department or the public body may deliver to the other a notice of request to mediate any disputed issues, including, but not limited to, whether the department can achieve significant cost savings to the state by acquiring or developing and furnishing its own public services. If either the department or the public body requests mediation, the other shall participate in good faith in such mediation. Unless otherwise agreed by the department and the public body, the mediation shall be concluded within 30 days of delivery of the notice of request to mediate.
(7) If the mediation fails to resolve the issues in dispute, or if mediation is not requested by either the Department of Corrections or the public body, the department and the public body may agree to submit any disputed matters to arbitration. The arbitration may be either binding or nonbinding. If the department and the public body cannot agree on the selection of the arbitrator and the arbitration rules and procedure, upon motion directed to the Court of Appeals, the Chief Judge of the Court of Appeals shall select the arbitrator and decide the rules and procedure. The arbitrators decision and award shall be guided by the standards set forth in this section. The decision and award of the arbitrator shall be final and binding on the department and the public body only if they agree to enter into binding arbitration prior to the initiation of the arbitration. If the department and public body have agreed to binding arbitration of disputed issues, either the department or the public body, if dissatisfied with the arbitrators decision and award, may file exceptions in the Court of Appeals within 21 days of the issuance of the decision and award. Exceptions shall be limited to the causes set forth in ORS 36.705 (1)(a) to (d), and to the grounds for modification or correction of an award under ORS 36.710. If any of the exceptions requires consideration of facts that do not appear on the face of the arbitrators decision and award or is not stipulated to by the parties, the court may appoint a master to take evidence and make the necessary factual findings. The Court of Appeals decision shall be final and not subject to further review.
(8) If the Department of Corrections and the public body have submitted disputed matters to nonbinding arbitration or if the department and public body have chosen not to submit disputed matters to arbitration, the department shall issue a preliminary order to the public body that either concludes that the state can achieve significant costs savings by acquiring or developing and furnishing its own public services, or establishes the rates, terms and conditions upon which the public body shall make necessary public services available to the department for the corrections facility. The public body, no later than 15 days following the departments issuance of its preliminary order, may contest the preliminary order by filing a written notice to that effect with the department. The preliminary order shall become final, binding and conclusive if the public body fails to request a hearing within the time permitted in this section.
(9) If a hearing is requested, the department shall provide the public body with an opportunity to be heard and shall issue its final order upon conclusion of the hearing. The department shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to afford the public body a reasonable opportunity for a fair hearing. The procedures shall ensure that the public body has a reasonable opportunity to place in the record the information upon which the public body relies as a basis for its position. The departments order shall be guided by the standards set forth in this section.
(10) Proceedings for review of the departments final order shall be instituted when the affected public body files a petition with the Court of Appeals that meets the following requirements:
(a) The petition shall be filed within 21 days of issuance of the final order on which the petition is based.
(b) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.
(11) Within 30 days after service of the petition, the department shall transmit to the Court of Appeals the original or a certified copy of the entire record and any findings that may have been made.
(12) The Court of Appeals shall review the final order of the Department of Corrections de novo on the record created before the department. The Court of Appeals decision shall be final and not subject to further review.
(13) Proceedings for review in the Court of Appeals under this section shall be given priority over all other matters before the Court of Appeals.
(14) The Department of Corrections or other state agency shall not be required to make payments to the public body for necessary public services to a corrections facility in excess of funds that are legally available for such purposes.
(15) Nothing in this section shall require a public body to furnish public services to the Department of Corrections for a corrections facility in the event that the Legislative Assembly fails to make funds available in an amount sufficient to pay the states share of costs of such services as determined under this section.
(16) As used in this section, public services means off-site infrastructure, including, but not limited to, sewer and water systems and service, and road improvements. [1995 c.745 §9; 1997 c.715 §4; 2003 c.598 §44]
Note:
Operation of the amendments to 421.628 by section 9, chapter 516, Oregon Laws
2001, is dependent upon further approval by the Legislative Assembly. See
section 11, chapter 516, Oregon Laws 2001. The text that is operative after
that approval, including amendments by section 45, chapter 598, Oregon Laws
2003, is set forth for the users convenience.
421.628.
(1) Notwithstanding ORS 169.690, 195.025, 197.180, 215.130 (4) and 227.286 or
any other provision of law, including but not limited to statutes, ordinances,
regulations and charter provisions, and except for permit decisions delegated
by the federal government to the Department of State Lands, the decisions of
the Corrections Facilities Siting Authority, if approved by the Governor, shall
bind the state and all counties, cities and political subdivisions in this
state as to the approval of the sites and the construction and operation of the
proposed corrections facilities. Except for those statutes and rules for which
permit decisions have been delegated by the federal government to the
Department of State Lands, all affected state agencies, counties, cities and
political subdivisions shall issue the appropriate permits, licenses and
certificates and enter into any intergovernmental agreements as necessary for
construction and operation of the facilities, subject only to the conditions of
the siting decisions.
(2) Each state or local governmental agency that issues a permit, license or certificate shall continue to exercise enforcement authority over the permit, license or certificate.
(3) Except as provided in subsections (4) to (16) of this section, nothing in ORS 421.611 to 421.630 expands or alters the obligations of cities, counties and political subdivisions to pay for infrastructure improvements for the proposed corrections facilities.
(4) The Department of Corrections shall seek to obtain public services necessary for the construction and operation of corrections facilities from a public body providing such services. The department may not acquire or develop and furnish its own public services under this section that could be provided by a public body unless the department concludes that the state can achieve significant cost savings by doing so.
(5) Upon request of the Department of Corrections, a public body furnishing public services shall make public services available to the department that are either necessary for the construction and operation of a corrections facility or required by additions to or remodeling of a corrections facility sited or constructed under ORS 421.611 to 421.630 or any other law. All rates, terms and conditions of furnishing public services shall be just, fair and reasonable. A just, fair and reasonable rate shall assure the public body the recovery of the additional costs of providing and maintaining the requested service to the corrections facility, including, but not limited to, feasibility and design engineering costs, and reasonable capacity replacement, but may not exceed the public bodys actual capital and operating expenses, including reasonable reserves charged to all ratepayers, for such service. The public bodys rates, terms and conditions shall be conclusively deemed to be just, fair and reasonable if the department and public body so agree in writing.
(6) If the Department of Corrections and the public body cannot agree on the rates, terms and conditions of furnishing necessary public services to a corrections facility, either the department or the public body may deliver to the other a notice of request to mediate any disputed issues, including, but not limited to, whether the department can achieve significant cost savings to the state by acquiring or developing and furnishing its own public services. If either the department or the public body requests mediation, the other shall participate in good faith in such mediation. Unless otherwise agreed by the department and the public body, the mediation shall be concluded within 30 days of delivery of the notice of request to mediate.
(7) If the mediation fails to resolve the issues in dispute, or if mediation is not requested by either the Department of Corrections or the public body, the department and the public body may agree to submit any disputed matters to arbitration. The arbitration may be either binding or nonbinding. If the department and the public body cannot agree on the selection of the arbitrator and the arbitration rules and procedure, upon motion directed to the Court of Appeals, the Chief Judge of the Court of Appeals shall select the arbitrator and decide the rules and procedure. The arbitrators decision and award shall be guided by the standards set forth in this section. The decision and award of the arbitrator shall be final and binding on the department and the public body only if they agree to enter into binding arbitration prior to the initiation of the arbitration. If the department and public body have agreed to binding arbitration of disputed issues, either the department or the public body, if dissatisfied with the arbitrators decision and award, may file exceptions in the Court of Appeals within 21 days of the issuance of the decision and award. Exceptions shall be limited to the causes set forth in ORS 36.705 (1)(a) to (d), and to the grounds for modification or correction of an award under ORS 36.710. If any of the exceptions requires consideration of facts that do not appear on the face of the arbitrators decision and award or is not stipulated to by the parties, the court may appoint a master to take evidence and make the necessary factual findings. The Court of Appeals decision shall be final and not subject to further review.
(8) If the Department of Corrections and the public body have submitted disputed matters to nonbinding arbitration or if the department and public body have chosen not to submit disputed matters to arbitration, the department shall issue a preliminary order to the public body that either concludes that the state can achieve significant costs savings by acquiring or developing and furnishing its own public services, or establishes the rates, terms and conditions upon which the public body shall make necessary public services available to the department for the corrections facility. The public body, no later than 15 days following the departments issuance of its preliminary order, may contest the preliminary order by filing a written notice to that effect with the department. The preliminary order shall become final, binding and conclusive if the public body fails to request a hearing within the time permitted in this section.
(9) If a hearing is requested, the department shall provide the public body with an opportunity to be heard and shall issue its final order upon conclusion of the hearing. The department shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to afford the public body a reasonable opportunity for a fair hearing. The procedures shall ensure that the public body has a reasonable opportunity to place in the record the information upon which the public body relies as a basis for its position. The departments order shall be guided by the standards set forth in this section.
(10) Proceedings for review of the departments final order shall be instituted when the affected public body files a petition with the Court of Appeals that meets the following requirements:
(a) The petition shall be filed within 21 days of issuance of the final order on which the petition is based.
(b) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.
(11) Within 30 days after service of the petition, the department shall transmit to the Court of Appeals the original or a certified copy of the entire record and any findings that may have been made.
(12) The Court of Appeals shall review the final order of the Department of Corrections de novo on the record created before the department. The Court of Appeals decision shall be final and not subject to further review.
(13) Proceedings for review in the Court of Appeals under this section shall be given priority over all other matters before the Court of Appeals.
(14) The Department of Corrections or other state agency is not required to make payments to the public body for necessary public services to a corrections facility in excess of funds that are legally available for such purposes.
(15) This section does not require a public body to furnish public services to the Department of Corrections for a corrections facility in the event that the Legislative Assembly fails to make funds available in an amount sufficient to pay the states share of costs of such services as determined under this section.
(16) As used in this section, public services means off-site infrastructure, including, but not limited to, sewer and water systems and service, and road improvements.
Note:
See note under 421.611.
421.630
Judicial review. (1) Notwithstanding ORS 183.400, 183.482, 183.484 and
197.825 or any other law, exclusive jurisdiction for review of any decision
relating to the establishment of, addition to, remodeling of or siting of a
corrections facility including the establishment of criteria under ORS 421.614,
the nomination of sites under ORS 421.616 or any actions under ORS 421.623 or
421.626 is conferred upon the Supreme Court.
(2) Proceedings for review shall be instituted when any person or local government adversely affected files a petition with the Supreme Court that meets the following requirements:
(a) The petition shall be filed within 21 days of issuance of the specific decision on which the petition is based, except that a petition based on a decision to adopt criteria pursuant to ORS 421.614 shall be filed within 21 days of the issuance of the criteria. A decision made pursuant to ORS 421.623 or 421.626 with respect to any site may be reviewed by the Supreme Court as provided in ORS 421.611 to 421.630.
(b) The petition shall state the nature of the decision the petitioner desires reviewed, in what manner the decision below rejected the position raised by the petitioner below and shall state, by supporting affidavit, the facts showing how the petitioner is adversely affected. In the case of a decision by the Corrections Facilities Siting Authority, the petitioner is adversely affected only when the petitioner can establish by clear and convincing evidence in the affidavit that:
(A) The petitioner participated before the authority;
(B) The petitioner will be within sight or sound of the facility or is affected economically in excess of $5,000 in value; and
(C) The petitioner proposed conditions as required by ORS 421.623 (2) that were rejected by the authority.
(c) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections, the authority and the Attorney General.
(d) Within 30 days after service of the petition, the department shall transmit to the Supreme Court, or a special master it designates, the original or a certified copy of the entire record and any findings that may have been made. The court shall not substitute its judgment for that of the Governor, the department or the authority as to any issue of fact or issue within executive branch discretion.
(3) If the petition is for review of a decision made by the siting authority, the record shall include only:
(a) The report of the authority.
(b) The conditions, if any, on the nomination.
(c) The transcript of the hearing before the authority. However, on motion of the authority, the Supreme Court may limit the transcript to those matters in which the petitioner is interested as provided in subsection (2)(b) of this section.
(d) Evidence submitted by the petitioner to the authority, but on motion of any party to the judicial review, the Supreme Court may supplement the record with additional materials from the hearing before the authority.
(e) The transcript of the decision-making meeting of the authority.
(f) The authority findings and decision.
(4) Upon review, the Supreme Court may reverse or remand the decision if the Supreme Court concludes that the department, the authority or the Governor:
(a) Exceeded the statutory or constitutional authority of the decision maker;
(b) Made a decision based on findings that are not supported by substantial evidence in the record as described in ORS 183.482 (8)(c); or
(c) Refused to adopt a proposed condition submitted under ORS 421.623 (2) and failed to provide the statement required by ORS 421.623 (3)(b).
(5) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court. [1995 c.745 §10; 1999 c.853 §2]
Note:
See note under 421.611.
(Womens Facility and Intake Center)
421.635
Definitions for ORS 421.635 to 421.657. As used in ORS 421.635 to 421.657:
(1) Adversely affected has the meaning used in ORS 183.480. A person within sight or sound of the womens correctional facility and intake center complex is presumed to be adversely affected by decisions or actions under ORS 421.635 to 421.657.
(2) Complex means a womens correctional facility and intake center, administration and other associated buildings, roads, sewer and water lines and other public services, and any other improvements made to the real property approved for siting under ORS 421.643.
(3) Public services means off-site infrastructure to support the construction and operation of a complex. Public services includes but is not limited to electric and telecommunications services, sewer and water systems, fire and life safety services and road improvements.
(4) State building code has the meaning given that term in ORS 455.010. [1999 c.982 §2]
421.637
When department required to propose site; criteria; report; media notice.
When directed by executive order of the Governor, the Department of Corrections
shall:
(1) Propose a site for the construction and operation of a womens correctional facility and intake center complex in this state. The department shall consider the following criteria:
(a) Interest demonstrated by local jurisdictions in having the site selected for a womens correctional facility and intake center complex. A local jurisdiction may demonstrate interest by presenting to the Director of the Department of Corrections a resolution setting forth such interest.
(b) The availability or the ability of local jurisdictions to provide adequate infrastructure to serve the complex.
(c) Natural features that allow design features to promote compatibility with surroundings.
(d) The availability of the site by purchase, condemnation, exchange or otherwise.
(e) The sufficiency of the size and shape of the site to accommodate the complex.
(f) Whether the site is located in an area designated as a 100-year floodplain on a current map of the Federal Emergency Management Agency.
(g) Whether the site is located in a tsunami inundation zone.
(h) Whether the site either has infrastructure available on-site or the infrastructure otherwise can be provided and maintained. For purposes of this paragraph, infrastructure includes but is not limited to:
(A) Water for domestic use, fire protection and irrigation;
(B) Sanitary sewer collection and treatment;
(C) Surface drainage storm water collection and disposal; and
(D) Electricity, natural gas, oil or propane and telecommunications.
(i) Whether the site is served by a road or highway system capable of supporting the complex. New roadway improvements should be able to be constructed and available at the time the complex is scheduled to open.
(2) Publish an initial report stating the conclusions of the department with regard to the proposed site.
(3) Provide copies of the report to:
(a) Each of the county commissioners in the county where the proposed site is located;
(b) Each of the city council members where the proposed site is located if the site is in a city;
(c) Governmental agencies that may be called upon to provide services to the complex, including police, fire, water, sewage, roads and public transit; and
(d) Any member of the public who requests a copy and pays a fee as set by the department.
(4) Provide media notice regarding the process and the proposed site, including but not limited to publication in a newspaper of general circulation in the county or counties where the site is located. [1999 c.982 §3]
421.639
Exclusion of F. H. Dammasch State Hospital as department facility.
Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611
to 421.630, and notwithstanding ORS 421.637, 421.641 and 421.643, the real
property known as the F. H. Dammasch State Hospital shall not be used as a
Department of Corrections facility. [1999 c.982 §6]
421.641
Hearings in region where proposed site located; report. (1) Within 21 days
after a site is proposed under ORS 421.637, the Director of the Department of
Corrections shall hold a hearing within the region where the proposed site is
located to receive Department of Corrections, local government, neighborhood,
law enforcement and public testimony regarding the proposed site.
(2) Not later than seven days before the hearing held under subsection (1) of this section, any affected local government or any person may submit proposed conditions to the director. Each proposed condition shall:
(a) Be stated separately;
(b) Be in writing;
(c) Be specific;
(d) Directly relate to the site and the criteria described in ORS 421.637 (1); and
(e) Be supported by a statement of the need or reasons therefor.
(3) Within seven days following the hearing required under subsection (1) of this section, the director shall issue a final report regarding the proposed site. If the director recommends that the proposed site be used for the construction and operation of a womens correctional facility and intake center complex, the director shall specify in the report those conditions the director deems necessary and appropriate for the site.
(4) If the director recommends a site for which the local government did not express interest as described in ORS 421.637 (1)(a), the director shall make findings that demonstrate why the director selected the site. [1999 c.982 §4]
421.643
Notice to Governor regarding proposed site. Within 30 days of the date of
the executive order described in ORS 421.637, the Director of the Department of
Corrections shall notify the Governor of the site proposed for the construction
and operation of a womens correctional facility and intake center complex. The
director shall make available for the Governors review the final report
required under ORS 421.641 and any other documents or materials that the
Governor may request. The Governor shall approve or disapprove the site as the
Governor deems necessary or advisable. [1999 c.982 §5]
421.645
Issuing permits necessary for construction and operation of facility; rules.
(1) Notwithstanding ORS 195.025, 197.175, 197.180, 215.130 (4), 227.286,
455.148 or 455.150 or any other provision of law, including but not limited to
statutes, ordinances, regulations and charter provisions, the Director of the
Department of Consumer and Business Services, through the Building Codes
Division, shall exercise authority for the issuance of all permits required
under the state building code for the construction and operation of the womens
correctional facility and intake center complex approved under ORS 421.643.
(2) All other state agencies, including but not limited to the Department of Environmental Quality, shall issue such permits within the authority of the agency as may be necessary for the construction and operation of the complex.
(3) Within the authority of the city, county or political subdivision, each city, county and political subdivision shall issue the appropriate permits, licenses and certificates not issued under subsections (1) and (2) of this section, including all necessary construction permits over public rights of way, and enter into any intergovernmental agreements as may be necessary for the construction and operation of the complex.
(4) A state agency or local government that issues a permit, license or certificate under subsections (1) to (7) of this section shall continue to exercise enforcement authority over the permit, license or certificate.
(5) Except as provided in ORS 421.649, nothing in ORS 421.635 to 421.657 expands or otherwise alters the obligations of a city, county or political subdivision to pay for infrastructure improvements for the complex.
(6)(a) State agencies and local governments shall issue any permit, license or certificate required under subsections (1) to (3) of this section within 60 days of receiving a completed application for the permit, license or certificate from the Department of Corrections or a person acting on behalf of the department. A state agency or local government may impose reasonable conditions on any permit, license or certificate but may not deny the permit, license or certificate unless denial is required under federal law.
(b) If a permit, license or certificate required under subsections (1) to (7) of this section is not issued within 60 days of receiving a completed application, the Department of Corrections may file a petition for a writ of mandamus in the circuit court for the jurisdiction of the affected local government to compel issuance of the permit, license or certificate. The writ shall issue unless the local government can demonstrate by clear and convincing evidence that issuing the permit, license or certificate would violate a substantive provision of the state building code, exceed the local governments statutory authority or violate federal law.
(c) Proceedings on a petition for a writ of mandamus under this subsection shall comply with the applicable provisions of ORS chapter 34.
(7) The issuance of any permit, license or certificate under subsections (1) to (7) of this section and any construction or development undertaken pursuant to such permit, license or certificate shall not be considered in support of or in opposition to an application for a land use decision under ORS chapter 197, 215 or 227.
(8) In accordance with the applicable provisions of ORS chapter 183 and notwithstanding ORS 455.035, the Director of the Department of Consumer and Business Services shall adopt such rules as the director determines necessary to implement the provisions of subsections (1) to (7) of this section. [1999 c.982 §§7,8(1); 2001 c.573 §4]
421.647
Review of decision relating to permits. (1) Notwithstanding ORS 183.400,
183.482, 183.484 or 197.825 or any other law, review of any decision or action
relating to the issuance or denial of a permit, license or certificate under
ORS 421.645 (1) to (7) is as described in this section.
(2) A person or governmental entity adversely affected by a decision or action may institute a proceeding for review by filing a petition in Marion County Circuit Court that meets the following requirements:
(a) The petition must be filed within 21 days of issuance of the specific decision or action on which the petition is based.
(b) The petition must include the following:
(A) A statement of the nature of the decision or action the petitioner desires to be reviewed.
(B) A statement of the constitutional, statutory or other legal provision providing a basis for the challenge.
(C) A statement of whether the validity of the decision or action depends on factual findings and whether it is necessary to create a record in order to review the challenge.
(D) A statement and supporting affidavit showing how the petitioner is adversely affected by the decision or action.
(c) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.
(3) The court may affirm, reverse or remand the decision or action. The court shall reverse or remand the decision or action if the court finds that the entity making the decision or taking the action:
(a) Exceeded its statutory or constitutional authority; or
(b) Made a decision or took an action, the validity of which depends on the existence of one or more facts, when the requisite fact or facts do not exist.
(4) As to any decision or action, the validity of which depends on the existence of a particular fact:
(a) The court shall first decide whether any claims of error require fact-finding because the challenged decision or action depends on the existence of one or more facts. If the court determines that the claim of error requires fact-finding, the court shall decide whether additional evidence is required in order to determine whether the necessary fact exists. To be considered by the court, the evidence, if required, need not have been before the decision maker at the time of making the decision or taking the action.
(b) In determining the existence of a necessary fact, the fact shall be deemed to exist if the court finds, based on the record presented to or made before it, that there is evidence, taken in isolation, from which a reasonable person could conclude that the fact exists.
(5) If the court determines that the claim of error may be resolved without taking additional evidence, the court shall certify the matter to the Supreme Court and the Supreme Court shall accept the certification. The Supreme Court shall conduct its review as provided in subsections (3) and (4) of this section.
(6) Any party to the proceedings before the court may appeal from the judgment of that court to the Supreme Court by filing a petition meeting the criteria set forth in subsection (2) of this section. The petition must be filed within 21 days after the entry of the judgment. The Supreme Court shall conduct its review as provided in subsections (3) and (4) of this section. [1999 c.982 §9]
421.649
Provision of public services. (1) The Department of Corrections shall
obtain public services necessary for the construction and operation of a
womens correctional facility and intake center complex in the manner provided
under ORS 421.628 (4) to (15).
(2) Regardless of the territorial limits of the public body providing public services to the complex, and notwithstanding any other law, upon request or application from the department, the public body shall provide any public service necessary for the construction and operation of the complex. During the pendency of any mediation, arbitration or judicial review proceeding under this section, the public body shall provide any public service necessary for the continued construction and operation of the complex, as requested by the department.
(3) The existence of a public service provided to the complex shall not be a consideration in support of or in opposition to an application for a land use decision, limited land use decision or expedited land division under ORS chapter 197, 215 or 227. [1999 c.982 §10]
421.651
Prison Advisory Committee; duties. (1) Within 60 days after August 20,
1999, the Director of the Department of Corrections shall form a Prison
Advisory Committee. The committee shall meet to discuss, and make
recommendations to the director about, potential construction and operational
impacts of the womens correctional facility and intake center complex. Impacts
may include plans for buffering, lighting and noise mitigation to minimize
intrusion into the privacy of surrounding residences. The director shall
consider the recommendations and shall adopt such recommendations as
practicable, considering safety, security and operational needs of the complex.
(2) The Department of Corrections shall maintain a policy or plan for notifying local jurisdictions and surrounding residents of inmate escapes and other incidents that, in the directors judgment, may raise local safety concerns.
(3) Any decision made or action taken under this section is final and is not subject to judicial review. [1999 c.982 §11]
421.653
Judicial review. (1) Except as provided in ORS 421.647 and notwithstanding
ORS 183.400, 183.482, 183.484 or 197.825 or any other law, exclusive
jurisdiction for review of the constitutionality of ORS 421.635 to 421.651 and
any decision relating to the siting of a womens correctional facility and
intake center complex under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649
and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, is conferred upon
the Supreme Court.
(2) A person or local government adversely affected by ORS 421.635 to 421.651 may institute a proceeding for review by filing with the Supreme Court a petition that meets the following requirements:
(a) The petition for review of the constitutionality of ORS 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999, must be filed within 21 days after August 20, 1999. The petition must include the following:
(A) A statement of the constitutional provision providing a basis for the challenge.
(B) A statement and supporting affidavit showing how the petitioner is adversely affected.
(b) A petition for review of a decision made under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, shall be filed within 21 days of issuance of the specific decision on which the petition is based.
(3) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.
(4) A petition filed under subsection (2)(b) of this section shall state the nature of the decision the petitioner desires reviewed and in what manner the decision below rejected the position raised by the petitioner.
(5) Within 30 days after service of the petition under subsection (2)(a) of this section, the department shall transmit to the Supreme Court, or a special master it designates, the original or a certified copy of the entire record and any findings that may have been made. The court shall not substitute its judgment for that of the Governor or the Director of the Department of Corrections as to any issue of fact or issue within executive branch discretion.
(6) If the petition is filed under subsection (2)(b) of this section, the record shall include only:
(a) The directors final report prepared under ORS 421.641.
(b) The conditions, if any, on the proposed site.
(c) The transcript of the hearing before the department. However, on motion of the director, the Supreme Court may limit the transcript to those matters in which the petitioner is interested as provided in subsection (2)(b) of this section.
(d) Evidence submitted by the petitioner to the director, but on motion of any party to the judicial review, the Supreme Court may supplement the record with additional materials from the hearing before the director.
(7) Upon review, the Supreme Court may reverse or remand a decision made under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, if the Supreme Court finds the director, Department of Corrections or the Governor:
(a) Exceeded the statutory or constitutional authority of the decision maker; or
(b) Made a decision not supported by substantial evidence. For purposes of this subsection, substantial evidence means evidence that, taken in isolation, a reasonable mind could accept as adequate to support a conclusion. The substantiality of the evidence shall not be evaluated by considering the whole record.
(8) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court. [1999 c.982 §12]
421.655
Proceedings for review; consolidation; priority. (1) To the extent
practicable, the appropriate court shall consolidate any proceedings for review
under ORS 421.635 to 421.657.
(2) A circuit court, the Court of Appeals and the Supreme Court shall give proceedings for review under ORS 421.635 to 421.657, and all appeals therefrom, priority over all other matters before the court.
(3) Except for proceedings on a petition for a writ of mandamus under ORS 421.645 (1) to (7), the circuit court may not issue an injunction or a stay in a proceeding under ORS 421.635 to 421.657. [1999 c.982 §13]
421.657
Condemnation of property. The condemnation of any real property required
under ORS 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999,
by the Department of Corrections, or on behalf of the department, shall be
conducted according to the applicable provisions of ORS chapter 35. Amounts
paid in just compensation for condemned real property shall be determined
according to ORS 35.346. [1999 c.982 §14]
421.705
[Formerly 421.080; 1965 c.616 §75; 1983 c.505 §8; repealed by 1987 c.320 §246]
421.710
[Formerly 421.083; 1983 c.505 §9; repealed by 1987 c.320 §246]
BRANCH INSTITUTIONS
421.805
Siting of branch institutions. The Department of Corrections may establish
and operate institutions, other domiciliary facilities or branches of existing
Department of Corrections institutions or domiciliary facilities. Siting of
such institutions, branches or domiciliary facilities must be done in
accordance with statutes governing the siting or locating of correctional
institutions. The institutions, branches or facilities shall be used for the
care and custody of inmates assigned thereto and shall be operated to
facilitate the return of the inmates to society. [1969 c.580 §2; 1983 c.740
§148; 1987 c.320 §209]
Note:
421.805 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 421 by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
PENALTIES
421.990
Penalties. (1) Violation of ORS 421.340 is punishable upon conviction by a
fine not exceeding $1,000 or by imprisonment in the county jail for a term not
exceeding one year, or both.
(2) Violation of ORS 421.105 (2) is punishable in the same manner as if the individual injured unlawfully was not convicted or sentenced. [Amended by 1965 c.616 §76; 1981 c.380 §3; 1997 c.851 §13; 1999 c.955 §25]
CHAPTER 422
[Reserved for expansion]
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