2007 Oregon Code - Chapter 169 :: Chapter 169 - Local and Regional Correctional Facilities - Prisoners - Juvenile Facilities
Chapter 169 —
Local and Regional Correctional Facilities;
Prisoners;
Juvenile Facilities
2007 EDITION
LOCAL CORRECTIONAL AND JUVENILE FACILITIES
CRIMES AND PUNISHMENTS
DEFINITIONS
169.005Â Â Â Â Definitions
for ORS 169.005 to 169.677 and 169.730 to 169.800
LOCAL CORRECTIONAL FACILITIES
169.030Â Â Â Â Construction,
maintenance and use of local correctional facilities by county and city;
renting suitable structure; provision of facilities by another county or city
169.040Â Â Â Â Inspection
of local correctional facilities
169.042Â Â Â Â Maximum
facility population; recommendation
169.044Â Â Â Â Action
on recommendation
169.046Â Â Â Â Notice
of county jail population emergency; action to be taken; notification if
release of inmates likely; forced release
169.050Â Â Â Â Contracts
for boarding of prisoners
169.053Â Â Â Â Agreements
with other counties or Department of Corrections for confinement and detention
of offenders
169.055Â Â Â Â Contracts
with Department of Corrections for county prisoners awaiting sentencing
169.070Â Â Â Â Coordination
of state services by Department of Corrections; inspections to determine
compliance with standards
169.072Â Â Â Â Provision
of services or assistance by Department of Corrections through arrangements
with local governments
169.076Â Â Â Â Standards
for local correctional facilities
169.077Â Â Â Â Standards
for lockup facilities
169.078Â Â Â Â Standards
for temporary hold facilities
ENFORCEMENT OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION
FACILITIES
169.080Â Â Â Â Effect
of failure to comply with standards; enforcement by Attorney General; private
action
169.085Â Â Â Â Submission
of construction or renovation plans to Department of Corrections;
recommendations by department
169.090Â Â Â Â Manual
of guidelines for local correctional facility operation; guidelines for
juvenile detention facility operation
TREATMENT OF PRISONERS
169.105Â Â Â Â Unconscious
person not to be admitted to custody in facility
169.110Â Â Â Â Time
credit for good behavior
169.115Â Â Â Â Temporary
leave
169.120Â Â Â Â Credit
for work
169.140Â Â Â Â Furnishing
prisoners food and clothing
169.150Â Â Â Â Payment
of expenses of keeping prisoners; health care fees
169.151Â Â Â Â Expenses
of keeping prisoners; reimbursement from prisoners; amounts; procedures
169.152Â Â Â Â Liability
for costs of medical care for persons in county facility
169.153Â Â Â Â Liability
of public agency for costs of medical care provided to persons in transport
169.155Â Â Â Â Definitions
for ORS 169.155 and 169.166
169.166Â Â Â Â Liability
for costs of medical services
169.170Â Â Â Â Assignment
of county prisoners to public works
169.180Â Â Â Â Assignment
of city prisoners to public works
169.190Â Â Â Â Transfer
of prisoners to another county for public work
169.210Â Â Â Â Contracts
for private employment of prisoners; agencies having power to work prisoners
169.220Â Â Â Â Care
of county prisoners
DUTIES AND LIABILITIES OF SHERIFF
169.320Â Â Â Â Control
over prisoners; work by prisoners
169.330Â Â Â Â Civil
liability for release of prisoner
169.340Â Â Â Â Liability
for escape of defendant in a civil action
169.350Â Â Â Â Liability
for failing to serve papers
169.360Â Â Â Â Appointment
of keeper of local correctional facility
FEDERAL PRISONERS
169.530Â Â Â Â Duty
to receive federal prisoners
169.540Â Â Â Â Liability
for expenses of keeping federal prisoners
REGIONAL FACILITIES
169.610Â Â Â Â Policy
169.620    “Regional
correctional facility” defined
169.630Â Â Â Â Joint
establishment or operation of facilities; agreement
169.640Â Â Â Â Status
of facility for custody of misdemeanants and violators
169.650Â Â Â Â Status
of facility operated by Department of Corrections
169.660Â Â Â Â Status
of persons confined in facility operated by Department of Corrections;
assignment to regional facility
169.670Â Â Â Â Transfer
of persons to facility operated by Department of Corrections; costs; return;
exception
169.673Â Â Â Â Conversion
of state correctional institutions into regional correctional facilities
169.677Â Â Â Â Converted
facilities to house felony or misdemeanant prisoners
HALFWAY HOUSES
169.690Â Â Â Â Citizens
advisory committee; review of proposed halfway houses and other facilities;
nomination and appointment of committee members; written report required of
agency rejecting views of advisory committee
JUVENILE DETENTION FACILITIES
169.730Â Â Â Â Definitions
for ORS 169.740 to 169.760
169.740Â Â Â Â Standards
for juvenile detention facilities
169.750Â Â Â Â Restrictions
on operation of juvenile detention facilities
169.760Â Â Â Â Juvenile
detention facilities to establish written policy
169.770Â Â Â Â Release
of detained juvenile when detention facility violates standards
MISCELLANEOUS
169.800Â Â Â Â Detention
of juveniles before conviction and execution of sentence
169.810Â Â Â Â Assumption
of duties by regional correctional facility constitutes assumption by public
employer; rights of transferred employees
DEFINITIONS
     169.005
Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800. As used in ORS 169.005 to 169.677 and
169.730 to 169.800, unless the context requires otherwise:
     (1) “Detainee” means a person held with no
criminal charges.
     (2) “Forced release” means temporary
freedom of an inmate from lawful custody before judgment of conviction due to a
county jail population emergency under ORS 169.046.
     (3) “Juvenile detention facility” means a
facility as described in ORS 419A.050 and 419A.052.
     (4) “Local correctional facility” means a
jail or prison for the reception and confinement of prisoners that is provided,
maintained and operated by a county or city and holds persons for more than 36
hours.
     (5) “Lockup” means a facility for the
temporary detention of arrested persons held up to 36 hours, excluding
holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96
hours after booking.
     (6) “Month” means a period of 30 days.
     (7) “Prisoner” means a person held with
criminal charges or sentenced to the facility.
     (8) “Temporary hold” means a facility, the
principal purpose of which is the temporary detention of a prisoner for four or
less hours while awaiting court appearance or transportation to a local
correctional facility. [1973 c.740 §1; 1979 c.487 §1; 1985 c.499 §4; 1993 c.33 §309;
2001 c.517 §1]
     169.010 [Amended by 1963 c.236 §1; 1973 c.740 §8;
repealed by 1983 c.327 §16]
     169.020 [Amended by 1973 c.740 §9; repealed by 1983
c.327 §16]
LOCAL
CORRECTIONAL FACILITIES
     169.030
Construction, maintenance and use of local correctional facilities by county
and city; renting suitable structure; provision of facilities by another county
or city. (1) Every county
and city in this state shall provide, keep and maintain within or without the
county or city, as the case may be, a local correctional facility for the
reception and confinement of prisoners committed thereto. The local
correctional facility shall be constructed of fireproof materials and should
have fire exits in sufficient number and suitably located for the removal of
prisoners.
     (2) Any county, or incorporated city may
rent or lease any structure answering the requirements of subsection (1) of
this section, either in connection with or separately from any other county or
city building.
     (3) Any county and any incorporated city
may, by agreement, provide, maintain, and use for their separate requirements,
such a local correctional facility as is required by this section.
     (4) Any county or incorporated city may,
by agreement with any other county or incorporated city, provide for one such
county or city to furnish local correctional facility accommodations for the
imprisonment of prisoners of the other such county or city. Pursuant to such
agreement, an
     (5) The jail accommodations provided by or
furnished to a county under this section shall be considered to be jail
accommodations of the county for purposes of ORS 135.215, 137.140 and 137.330. [Amended
by 1963 c.236 §2; 1973 c.740 §10; 1987 c.550 §1]
     169.040
Inspection of local correctional facilities. (1) The county court or board of county commissioners of each county
is the inspector of the local correctional facilities in the county. The court
or board shall visit local correctional facilities operated by the county at
least once in each regular term and may visit local correctional facilities
within the county that are not operated by the county. When the court or board
visits a local correctional facility, it shall examine fully into the local
correctional facility, including, but not limited to, the cleanliness of the
facility and the health and discipline of the persons confined. If it appears
to the court or board that any provisions of law have been violated or
neglected, it shall immediately give notice of the violation or neglect to the
district attorney of the district.
     (2) The county health officer or the
representative of the county health officer may conduct health and sanitation
inspections of local correctional facilities on a semiannual basis. If the
county health officer determines that the facility is in an insanitary
condition or unfit for habitation for health reasons, the officer may notify
the appropriate local governmental agency in writing of the required health and
sanitation conditions or practices necessary to ensure the health and
sanitation of the facility. If the local governmental agency does not comply
with the required health and sanitation conditions or practices within an
appropriate length of time, the county health officer may recommend the suspension
of the operation of the local correctional facility to the county board of
health. If after a hearing the county board of health finds that the local
correctional facility is in an insanitary or unhealthful condition, it may
suspend the operation of the facility until such time as the local correctional
facility complies with the recommended health and sanitation conditions and
practices. [Amended by 1973 c.740 §11; 2005 c.286 §1]
     169.042
Maximum facility population; recommendation. The county court or board of commissioners of a county may institute
an examination of the countyÂ’s local correctional facility for the purpose of
obtaining a recommendation regarding the maximum number of inmates that should
be held in the facility. This recommendation shall be based on consideration of
the following:
     (1) The advice of the district attorney,
county counsel and sheriff concerning prevailing constitutional standards
relating to conditions of incarceration;
     (2) The design capacity of the local
correctional facility;
     (3) The physical condition of the local
correctional facility; and
     (4) The programs provided for inmates of
the local correctional facility. [1989 c.884 §2]
     169.044
Action on recommendation.
When the county court or board has received a recommendation pursuant to ORS
169.042, it shall either:
     (1) Reject the recommendation and decline
to adopt a limit on the number of inmates that may be held in the local
correctional facility; or
     (2) Adopt the recommendation and, after
consultation with the officials listed in ORS 169.046 (1), issue an order
establishing the maximum allowable number of inmates that may be held in the
local correctional facility. This shall include specific standards for
determining a county jail population emergency and a specific plan for
resolving the emergency. [1989 c.884 §3]
     169.046
Notice of county jail population emergency; action to be taken; notification if
release of inmates likely; forced release. (1) If a county court or board adopts a jail capacity limit under ORS
169.044 and the number of inmates in its local correctional facility exceeds
that capacity limit so that a county jail population emergency exists, the
sheriff shall notify the presiding circuit judge, each municipal court judge
and justice of the peace in the county, the district attorney for the county,
the county counsel, the chief law enforcement officer for each city located in
the county and the county court or board of commissioners that the number of
inmates in the local correctional facility has exceeded capacity and that a
county jail population emergency exists.
     (2) If the county court or board has
adopted a jail capacity limit and action plan under ORS 169.044 and if a county
jail population emergency occurs under the terms of the plan, the county court
or board and the county sheriff may carry out the steps of the plan. This
includes any authorization, under the plan, for the sheriff to order inmates
released in order to reduce the jail population. A sheriff shall be immune from
criminal or civil liability for any good faith release of inmates under ORS
169.042 to 169.046.
     (3) If it becomes necessary to order
inmates released under ORS 169.042 to 169.046, or if it appears to the sheriff
that release of inmates is likely to become necessary in the near future, the
sheriff shall immediately notify all police agencies in the county to make
maximum use of citations in lieu of custody pursuant to ORS 133.055 to 133.076
until further notice.
     (4) If it becomes necessary to order the
release of inmates under ORS 169.042 to 169.046, the sheriff may place inmates
on forced release subject to a forced release agreement. A forced release
agreement must be in writing and be signed by the sheriff and the inmate and
must include:
     (a) The date of the next court appearance
of the inmate;
     (b) A statement that the inmate is
required to appear at the next court appearance; and
     (c) A statement that failure of the inmate
to appear at the next court appearance is subject to prosecution under ORS
162.195 or 162.205. [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2]
     169.050
Contracts for boarding of prisoners. The county court or board of county commissioners of each county in
this state, not having more than 300,000 inhabitants, shall advertise for bids
for boarding of prisoners confined in the county local correctional facilities
of the county, and may award the contract for boarding them to the lowest
responsible bidder. If any responsible bidder, other than the sheriff, receives
the contract from the county for the boarding of prisoners, such bidder shall
receive compensation for boarding such prisoners rather than the sheriff, and
the sheriff shall afford to such bidder all facilities for carrying out the
county’s contract for boarding prisoners. [Amended by 1973 c.740 §12]
     169.053
Agreements with other counties or Department of Corrections for confinement and
detention of offenders. (1)
A county may enter into an agreement with one or more other counties of this
state under ORS 190.010 for the confinement and detention of offenders subject
to the legal and physical custody of the county. The agreement may provide for
the reception, detention, care and maintenance, and work assignment of:
     (a) Pretrial detainees;
     (b) Offenders convicted of a misdemeanor;
and
     (c) Offenders convicted of a felony who
are:
     (A) Sentenced, on or after January 1,
1997, to 12 months or less incarceration; or
     (B) Sanctioned, on or after January 1,
1997, by a court or the State Board of Parole and Post-Prison Supervision to 12
months or less incarceration for a violation of a condition of parole,
probation or post-prison supervision.
     (2) A county may enter into an agreement
with the Department of Corrections under ORS 190.110 for the confinement and
detention of offenders subject to the legal and physical custody of the county.
The agreement may provide for the reception, detention, care and maintenance,
and work assignment of:
     (a) Offenders convicted of a misdemeanor;
and
     (b) Offenders convicted of a felony who
are:
     (A) Sentenced, on or after January 1,
1997, to 12 months or less incarceration; or
     (B) Sanctioned, on or after January 1,
1997, by a court or the State Board of Parole and Post-Prison Supervision to 12
months or less incarceration for a violation of a condition of parole,
probation or post-prison supervision.
     (3) An agreement entered into under ORS
190.110 and subsection (2) of this section shall include a provision that the
county reimburse the Department of Corrections for its costs incurred in
confining the county inmate. Reimbursement shall be made on a per diem basis at
a rate determined by the department to be its average daily incarceration cost
per inmate. In lieu of reimbursement, the department and county may enter into
an agreement providing for the comparable exchange of inmates as determined by
the department. [1996 c.4 §1]
     Note: 169.053 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 169 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     169.055
Contracts with Department of Corrections for county prisoners awaiting
sentencing. (1) The
Department of Corrections may enter into contracts or arrangements with the
authorities of any county in this state to provide for the reception,
detention, care, maintenance and employment of county prisoners convicted of a
felony in the courts of this state who are awaiting sentencing and who, in the
judgment of the sentencing court, pose an unusual security risk if they were to
remain incarcerated in a local correctional facility pending sentencing.
     (2) Nothing in this section requires the
Department of Corrections to incarcerate a county prisoner in a Department of
Corrections facility.
     (3) A county prisoner poses an unusual
security risk under this section if the prisoner poses a level of risk of
violence or escape that exceeds the security level of the county facility. The
risk of violence or escape may result from or be manifested by:
     (a) A history of violence against law
enforcement or corrections employees;
     (b) A history of escape attempts;
     (c) Documented enemies in the county
facility; or
     (d) A charge of aggravated murder. [1997
c.369 §1]
     Note: 169.055 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 169 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     169.060 [Repealed by 1983 c.327 §16]
     169.070
Coordination of state services by Department of Corrections; inspections to
determine compliance with standards. (1) The Department of Corrections shall provide and coordinate state
services to local governments with respect to local correctional facilities and
juvenile detention facilities. The Director of the Department of Corrections
shall designate staff to provide technical assistance to local governmental
agencies in the planning and operation of local correctional facilities,
lockups, temporary holds and juvenile detention facilities, and advice on
provisions of state law applicable to these facilities. The department shall
inspect local correctional facilities, lockups, temporary holds and juvenile
detention facilities, to ensure compliance with the standards established in
ORS 169.076 to 169.078, 169.740, 419A.059 and 419B.180.
     (2) In carrying out its duties under
subsection (1) of this section, the department may enter into agreements with
public or private entities to conduct inspections of local correctional
facilities, lockups, temporary holds and juvenile detention facilities. [1973
c.740 §2; 1979 c.338 §2; 1979 c.487 §2; 1987 c.320 §91; 1993 c.33 §310; 2003
c.475 §1]
     169.072
Provision of services or assistance by Department of Corrections through
arrangements with local governments. (1) The Department of Corrections may enter into arrangements,
contracts or agreements with local governments to provide services or other
assistance to local governments with respect to local correctional facilities
and juvenile detention facilities. Services and assistance provided to local
governments under this section may include health care services and assistance,
including providing pharmaceuticals, treatment services, transport services,
training assistance, security assistance and tactical assistance.
     (2) An arrangement, contract or agreement
entered into under subsection (1) of this section may authorize the use of
department facilities, personnel, supplies, equipment or material in providing
services or other assistance to local governments. [2001 c.194 §2]
     169.075 [1973 c.740 §3; repealed by 1979 c.487 §5
(169.076, 169.077, 169.078 and 169.740 enacted in lieu of 169.075)]
     169.076
Standards for local correctional facilities. Each local correctional facility shall:
     (1) Provide sufficient staff to perform
all audio and visual functions involving security, control, custody and
supervision of all confined detainees and prisoners, with personal inspection
at least once each hour. The supervision may include the use of electronic
monitoring equipment when approved by the Department of Corrections and the
governing body of the area in which the facility is located.
     (2) Have a comprehensive written policy
with respect to:
     (a) Legal confinement authority.
     (b) Denial of admission.
     (c) Telephone calls.
     (d) Admission and release medical
procedures.
     (e) Medication and prescriptions.
     (f) Personal property accountability which
complies with ORS 133.455.
     (g) Vermin and communicable disease
control.
     (h) Release process to include authority,
identification and return of personal property.
     (i) Rules of the facility governing
correspondence and visitations.
     (3) Formulate and publish plans to meet
emergencies involving escape, riots, assaults, fires, rebellions and other
types of emergencies; and regulations for the operation of the facility.
     (4) Not administer any physical punishment
to any prisoner at any time.
     (5) Provide for emergency medical and
dental health, having written policies providing for:
     (a) Licensed physician or nurse
practitioner review of the facilityÂ’s medical and dental plans.
     (b) The security of medication and medical
supplies.
     (c) A medical and dental record system to
include request for medical and dental attention, treatment prescribed,
prescriptions, special diets and other services provided.
     (d) First aid supplies and staff first aid
training.
     (6) Prohibit firearms from the security
area of the facility except in times of emergency as determined by the
administrator of the facility.
     (7) Insure that confined detainees and
prisoners:
     (a) Will be fed daily at least three meals
served at regular times, with no more than 14 hours between meals except when
routinely absent from the facility for work or other purposes.
     (b) Will be fed nutritionally adequate
meals in accordance with a plan reviewed by a registered dietitian or the
Department of Human Services.
     (c) Be provided special diets as
prescribed by the designated facility physician or nurse practitioner.
     (d) Shall have food procured, stored,
prepared, distributed and served under sanitary conditions, as defined by the
Department of Human Services rules as authorized by ORS 624.041.
     (8) Insure that the facility be clean, and
provide each confined detainee or prisoner:
     (a) Materials to maintain personal
hygiene.
     (b) Clean clothing twice weekly.
     (c) Mattresses and blankets that are clean
and fire-retardant.
     (9) Require each prisoner to shower at
least twice weekly.
     (10) Forward, without examination or
censorship, each prisonerÂ’s outgoing written communications to the Governor,
jail administrator, Attorney General, judge, Department of Corrections or the
attorney of the prisoner.
     (11) Keep the facility safe and secure in
accordance with the State of
     (12) Have and provide each prisoner with
written rules for inmate conduct and disciplinary procedures. If a prisoner
cannot read or is unable to understand the written rules, the information shall
be conveyed to the prisoner orally.
     (13) Not restrict the free exercise of
religion unless failure to impose the restriction will cause a threat to
facility or order.
     (14) Safeguard and insure that the
prisonerÂ’s legal rights to access to legal materials are protected. [1979 c.487
§6 (enacted in lieu of 169.075); 1987 c.320 §92; 2005 c.471 §6]
     169.077
Standards for lockup facilities. Each lockup facility shall:
     (1) Maintain 24-hour supervision when
persons are confined; such supervision may include the use of electronic
monitoring equipment when approved by the Department of Corrections and the
governing body of the area in which the facility is located.
     (2) Make a personal inspection of each
person confined at least once each hour.
     (3) Prohibit firearms from the security
area of the facility except in times of emergency as determined by the
administrator of the facility.
     (4) Insure that confined detainees and
prisoners will be fed daily at least three nutritionally adequate meals served
at regular times, with no more than 14 hours between meals except when
routinely absent from the facility for work or other such purposes.
     (5) Forward, without examination or
censorship, each prisonerÂ’s outgoing written communications to the Governor,
jail administrator, Attorney General, judge, Department of Corrections or the
attorney of the prisoner.
     (6) Provide rules of the facility
governing correspondence and visitations.
     (7) Keep the facility safe and secure in
accordance with the State of
     (8) Formulate and publish plans to meet
emergencies involving escape, riots, assaults, fires, rebellions and other
types of emergencies; and policies and regulations for the operation of the
facility.
     (9) Insure that the facility be clean,
provide mattresses and blankets that are clean and fire-retardant, and furnish
materials to maintain personal hygiene.
     (10) Provide for emergency medical and
dental health, having written policies providing for licensed physician review
of the facility’s medical and dental plans. [1979 c.487 §7 (enacted in lieu of
169.075); 1987 c.320 §93]
     169.078
Standards for temporary hold facilities. Each temporary hold shall:
     (1) Provide access to sanitation
facilities.
     (2) Provide adequate seating.
     (3) Maintain supervision of prisoners or
detainees when confined. Such supervision may include the use of electronic
monitoring equipment when approved by the Department of Corrections and the
governing body of the area in which the facility is located.
     (4) Prohibit firearms from the secure area
except in times of emergency.
     (5) Keep the facility safe and secure in
accordance with the State of
     169.079 [1979 c.487 §9 (enacted in lieu of 169.075);
1981 c.869 §1; renumbered 169.740]
ENFORCEMENT
OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES
     169.080
Effect of failure to comply with standards; enforcement by Attorney General;
private action. (1) If the
condition or treatment of prisoners in a local correctional facility, lockup or
temporary hold or juvenile detention facility is not in accordance with the
standards established in ORS 169.076 to 169.078, 169.740, 419A.059 or 419B.180,
the staff of the Department of Corrections may notify in writing the
appropriate local governmental agency of the standards which are not being met
and specific recommendations for the agency to comply with the standards.
Corrective measures shall be taken by the local governmental agency to insure
compliance with all standards within a reasonable length of time jointly agreed
upon by the agency and the Department of Corrections.
     (2) The provisions of ORS 169.076 to
169.078, 169.740, 419A.059, 419B.160, 419B.180 and 419C.130 shall be enforceable
by the Attorney General of the State of
     169.085
Submission of construction or renovation plans to Department of Corrections;
recommendations by department. All
plans of new construction or major renovation of local correctional facilities,
lockups and juvenile detention facilities shall be submitted to the Department
of Corrections for review and advisory recommendations to assist local
governmental agencies to provide a safe and secure facility. The
recommendations of the Department of Corrections shall be advisory and not
binding upon the local governmental agency with the exception of those
standards established in ORS 169.076 to 169.078, 169.740, 419A.059 and
419B.180. The Department of Corrections must notify the respective local
governmental agency 45 days after submission of the plans of its
recommendations on the proposed construction or major renovation of the local
correctional facility. [1973 c.740 §5; 1979 c.487 §4; 1987 c.320 §96; 1993 c.33
§312]
     169.090
Manual of guidelines for local correctional facility operation; guidelines for
juvenile detention facility operation. (1) The Director of the Department of Corrections shall publish and
distribute a manual of recommended guidelines for the operation of local
correctional facilities and lockups as developed by a jail standards committee
appointed by the director. This manual shall be revised when appropriate with
consultation and advice of the Oregon State SheriffsÂ’ Association, the Oregon
Association Chiefs of Police, Association of Oregon Counties, the League of
Oregon Cities and other appropriate groups and agencies and will be
redistributed upon the approval of the Governor.
     (2) The Juvenile Crime Prevention Advisory
Committee and the Department of Corrections shall develop guidelines pertaining
to the operation of juvenile detention facilities, as defined in ORS 169.005.
Guidelines shall be revised by the Juvenile Crime Prevention Advisory Committee
and the Department of Corrections, whenever appropriate. The guidelines shall
be included in the manual published and distributed under subsection (1) of
this section. However, the Juvenile Crime Prevention Advisory Committee may
choose to publish and distribute the guidelines independently. [1973 c.740 §6;
1981 c.869 §7; 1987 c.320 §97; 1993 c.18 §28; 1993 c.676 §40; 2001 c.517 §5;
2001 c.904 §1; 2001 c.905 §2; 2003 c.14 §68]
TREATMENT OF
PRISONERS
     169.105
Unconscious person not to be admitted to custody in facility. No person who is unconscious shall be
admitted to custody in a facility described in ORS 169.005, but shall instead
be taken immediately to the nearest appropriate medical facility for medical
diagnosis, care and treatment. [1983 c.547 §2]
     169.110
Time credit for good behavior.
Each prisoner convicted of any offense against the laws of this state, who is
confined, in execution of the judgment or sentence upon any such conviction, including
confinement imposed as a condition of probation pursuant to ORS 137.540, in any
county local correctional facility in this state for a definite term, whose
record of conduct shows that the prisoner has faithfully observed all the rules
of the facility, shall be entitled, in the discretion of the sheriff or other
officer having custody of such prisoner, to a deduction from the term of the
sentence of the prisoner to be calculated as follows, commencing on the first
day of the arrival of the prisoner at the facility to serve the sentence of the
prisoner:
     (1) Upon a sentence of not less than 10
nor more than 30 days, one day for each 10 days.
     (2) Upon a sentence of more than 30 days
but not more than 90 days, three days for each 30-day period.
     (3) Upon a sentence of more than 90 days
but not more than 180 days, four days for each 30-day period.
     (4) Upon a sentence of more than 180 days
but not more than 270 days, five days for each 30-day period.
     (5) Upon a sentence of more than 270 days,
six days for each 30-day period. [Amended by 1965 c.346 §3; 1971 c.196 §1; 1973
c.740 §13; 1979 c.487 §11]
     169.115
Temporary leave. (1) Any
prisoner serving a sentence in a county jail may be eligible for temporary
leave for a period not to exceed 10 days for the purpose of visiting a
seriously ill relative, attending the funeral of a relative, or obtaining
medical services not otherwise available.
     (2) All requests for temporary leave must
be presented to the sheriff for examination. Exemptions shall be restricted to
those prisoners who are considered a possible threat to society, or those who
pose a risk of not returning at the termination of such leave.
     (3) Upon determining that circumstances
are suitable for a prisoner to be granted temporary leave, the sheriff may
grant leave to the prisoner and fix the duration and conditions of the leave.
     (4) In adopting rules governing temporary
leave, the sheriff shall consult with the Department of Corrections in an
effort to establish statewide uniform rules governing temporary leave for
county jail prisoners. [1973 c.499 §1; 1979 c.487 §12; 1987 c.320 §98]
     169.120
Credit for work. In addition
to the allowances provided for in ORS 169.110, all prisoners in a county local
correctional facility who are engaged in any work either inside or outside the
facility are entitled to an allowance of credits in time or compensation, or
both, for such work. The allowances shall not be inconsistent with ORS 169.170
to 169.210. The credits provided by this section shall not be in excess of 10
days for a period of 30 days and shall be set by the county court, board of
county commissioners or local correctional facility supervisor. However, in the
case of a sentence of not less than 10 nor more than 30 days the credits
provided by this section are one day of credit for each 10 days of sentence. [Amended
by 1967 c.284 §1; 1971 c.196 §2; 1973 c.740 §14; 1979 c.487 §13]
     169.130 [Amended by 1959 c.533 §1; repealed by 1971
c.743 §432]
     169.140
Furnishing prisoners food and clothing. The keeper of each local correctional facility shall furnish and keep
clean the necessary bedding and clothing for all prisoners in the custody of
the keeper, and shall supply them with wholesome food, fuel and necessary
medical aid. [Amended by 1973 c.740 §15]
     169.150
Payment of expenses of keeping prisoners; health care fees. (1) The charges and expenses for safekeeping
and maintaining all persons duly committed to the local correctional facility
of the county for trial, sentenced to imprisonment in the county local
correctional facility, or committed for the nonpayment of any fine or for any
contempt, shall, unless otherwise provided by law, be paid out of the treasury
of the county. The account of the keeper shall be first allowed by the county
court or board of county commissioners of the county from which the prisoner
was committed.
     (2) A city or, notwithstanding subsection
(1) of this section or any other provision of law, the county may charge
persons committed to the local correctional facility of the county or city a
reasonable health care fee for any health care services, medications and
equipment provided to the person while committed if the county or city:
     (a) Provides necessary medical care
regardless of the personÂ’s ability to pay;
     (b) Provides equal treatment to all
persons committed to the local correctional facility regardless of a personÂ’s
ability to pay;
     (c) Establishes a system that notifies the
person of the fees and what services are covered; and
     (d) Establishes a grievance system that allows
a person to challenge the deduction of a fee from the personÂ’s account. [Amended
by 1973 c.740 §16; 1995 c.523 §1; 1999 c.801 §1]
     169.151
Expenses of keeping prisoners; reimbursement from prisoners; amounts;
procedures. (1) A city or,
notwithstanding ORS 169.150 (1), a county may seek reimbursement from a person
who is or was committed to the local correctional facility of the county or
city upon conviction of a crime for any expenses incurred by the county or city
in safekeeping and maintaining the person. The county or city may seek
reimbursement:
     (a) At a rate of $60 per day or its actual
daily cost of safekeeping and maintaining the person, whichever is less,
multiplied by the total number of days the person was confined to the local
correctional facility, including, but not limited to, any period of pretrial
detention; and
     (b) For any other charges or expenses that
the county or city is entitled to recover under ORS 169.150.
     (2) The county or city may seek
reimbursement for expenses as provided in subsection (1) of this section by
filing a civil action no later than one year after the person from whom
reimbursement is sought is released from the local correctional facility.
     (3) When a person is found liable for
expenses described in subsection (1) of this section and an amount is
determined, the court shall, before entering a judgment against the person,
allow the person to present evidence on the issue of the personÂ’s ability to
pay. When a person presents such evidence, the court shall determine the personÂ’s
ability to pay taking into consideration:
     (a) The financial resources of the person
and the burden that payment will impose on the person in providing basic
economic necessities to the person or the personÂ’s dependent family; and
     (b) Any other monetary obligations imposed
upon the person by the court as a result of the conviction for which the person
was committed to the local correctional facility.
     (4) The court, and not a jury, shall
determine the defendantÂ’s ability to pay under subsection (3) of this section.
     (5) Upon the conclusion of a proceeding
under subsection (3) of this section, the court may enter a judgment:
     (a) Of dismissal if the court finds that
the person lacks the ability to pay;
     (b) For less than the full amount determined
if the court finds that the person has the ability to pay a portion of the
amount; or
     (c) For the full amount determined, plus
costs and disbursements, if the court determines the person has the ability to
pay.
     (6) Any reimbursements collected under
this section must be credited to the general fund of the county or city to be
available for general fund purposes. [1997 c.349 §2; 1999 c.801 §2]
     169.152
Liability for costs of medical care for persons in county facility. Notwithstanding ORS 169.140, 169.150 and
169.220, when a person is lawfully confined in a county local correctional
facility for violation of a city ordinance, for nonpayment of a fine imposed by
a municipal court or as a result of a warrant of arrest issued by a magistrate
in another county, the county in which the warrant was issued or the city shall
be liable for the costs of medical care provided to the person while confined
in the county local correctional facility. The keeper of the local correctional
facility shall bill the other county or city for the actual cost of the medical
care provided, and the other county or city shall pay the charges within 60
days after receiving the cost statement from the keeper. [1985 c.530 §2]
     169.153
Liability of public agency for costs of medical care provided to persons in
transport. (1) Subject to
ORS 30.260 to 30.300 and 414.805, payment of the costs of medical care provided
to a person who becomes ill or is injured while being lawfully transported in
the custody of a law enforcement officer at the request of a public agency
other than the public agency by which the officer is employed is the
responsibility of the public agency that requested the transportation of the
person.
     (2) As used in this section, “law
enforcement officer” and “public agency” have the meanings given those terms by
ORS 414.805. [1985 c.530 §3; 1993 c.196 §5]
     169.155
Definitions for ORS 169.155 and 169.166. As used in ORS 169.166 and this section:
     (1) “Local correctional facility” includes
lockups and temporary hold facilities.
     (2) “Reasonable efforts to collect the
charges and expenses” means that the provider has billed the individual to whom
the emergency medical services were provided or the insurer or health care
service contractor of the individual before seeking to collect from the keeper
of the local correctional facility. [1979 c.530 §4; 1993 c.196 §6]
     169.160 [Repealed by 1971 c.743 §432]
     169.165 [1979 c.530 §2; 1981 c.690 §1; repealed by
1993 c.196 §12]
     169.166
Liability for costs of medical services. Notwithstanding ORS 169.140 and 169.150 and except as otherwise
provided in ORS 414.805 and 414.807:
     (1) An individual who receives medical
services not provided by the county or city while in the custody of a local
correctional facility or juvenile detention facility is liable:
     (a) To the provider of the medical
services not provided by the county or city for the charges and expenses
therefor; and
     (b) To the keeper of the local
correctional facility for any charges or expenses paid by the keeper of the facility
for the medical services not provided by the county or city.
     (2) A person providing medical services
not provided by the county or city to an individual described in subsection
(1)(a) of this section shall first make reasonable efforts to collect the
charges and expenses thereof from the individual before seeking to collect them
from the keeper of the local correctional facility.
     (3)(a) Except as otherwise provided in
subsection (4) of this section, if the provider has not been paid within 45
days of the date of the billing, the provider may bill the keeper of the local
correctional facility who shall pay the account in accordance with ORS 169.140
and 169.150.
     (b) A bill submitted to the keeper of a
local correctional facility under this subsection must be accompanied by
evidence documenting that:
     (A) The provider has billed the individual
or the individualÂ’s insurer or health care service contractor for the charges
or expenses owed to the provider; and
     (B) The provider has made a reasonable
effort to collect from the individual or the individualÂ’s insurer or health
care service contractor the charges and expenses owed to the provider.
     (c) If the provider receives payment from
the individual or the insurer or health care service contractor after receiving
payment from the keeper of the facility, the provider shall repay the keeper
the amount received from the keeper less any difference between payment
received from the individual, insurer or contractor and the amount of the
billing.
     (4) Except as otherwise provided by ORS
30.260 to 30.300 and federal civil rights laws, upon release of the individual
from the actual physical custody of the local correctional facility, the keeper
of the local correctional facility is not liable for the payment of charges and
expenses for medical services provided to the individual. [1991 c.778 §6; 1999
c.801 §3; 2007 c.71 §53]
     Note: 169.166 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 169 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     169.170
Assignment of county prisoners to public works. All convicts sentenced by any court or legal
authority, whether in default of the payment of a fine, or committed for a
definite number of days to serve sentence in a county local correctional
facility, during the period of such sentence, for the purposes of ORS 169.120
and 169.170 to 169.210, are under the exclusive and absolute control of the
county court or board of county commissioners of the county in which the crime
was committed for which the convict was sentenced. The court or board has full
power to place such convicts under the control of any road supervisor or other
person appointed to take charge of them, and to cause them to work upon the
public roads of the county, or such other work of a public nature as said court
or board may direct. All such convicts shall be delivered to the supervisor or
other person appointed to take charge of them, upon the written request of the
court or board. The sheriff shall obtain a receipt from the person to whom such
convicts are delivered for each of the convicts, and thereupon the sheriffÂ’s
liability ceases. The county court may at any time return any convict, taken
under the provisions of this section, to the sheriff, who shall thereupon take
charge of the convict. The court or board is authorized and directed to provide
rules and regulations in regard to the employment of said convicts not
inconsistent with ORS 169.170 to 169.210. [Amended by 1959 c.530 §7; 1973 c.740
§17]
     169.180
Assignment of city prisoners to public works. All convicts sentenced by any court or legal authority in any city,
whether in default of the payment of a fine or committed for a definite number
of days to serve sentence in any local correctional facility, during the period
of the sentence shall, with the consent of the proper city authorities and for
the purposes of ORS 169.120 and 169.170 to 169.210, be under the absolute and
exclusive control of the county court or board of county commissioners of the
county in which said city is located. Such city convicts shall be delivered to
the county court by any officer having custody thereof in the same manner as
county prisoners, and may be returned to the officer from whom they are
received in the same manner, and shall be subject to the same rules and
regulations as provided in ORS 169.170 for county prisoners. [Amended by 1973
c.740 §18]
     169.190
Transfer of prisoners to another county for public work. Any county court or board of county
commissioners may transfer to the county court or board of county commissioners
of any other county any of the convicts committed to its control, under ORS
169.170 or 169.180. The court or board to which such convicts are so
transferred has the same power and authority respecting such convicts as if
they had been sentenced to serve in that county. The transfer of convicts from
one county to another shall be made upon such terms and conditions as may be
agreed upon by the county courts or boards concerned in the transfer.
     169.200 [Repealed by 1973 c.740 §28]
     169.210
Contracts for private employment of prisoners; agencies having power to work
prisoners. (1) Except for
work release programs, no county or city shall enter into any agreement or
contract with any private person, firm or corporation for the employment of any
convict.
     (2) If any board or tribunal is created
which has charge and management of the public roads of the county, such board
or tribunal shall have the same power and authority as is conferred upon the
county court or board of county commissioners by ORS 169.120 and 169.170 to
169.210. [Amended by 1973 c.740 §19]
     169.220
Care of county prisoners.
All persons lawfully confined in a county local correctional facility, or as
prisoners engaged in work under the custody and jurisdiction of a county, shall
be fed and maintained at actual cost to the county. All persons confined in a
county local correctional facility shall be given three meals per day. An
accurate account of each meal furnished to others than inmates of local
correctional facilities, together with the names of the recipients thereof,
whether facility employees or otherwise, shall be kept and reported by the
sheriff each month to the county court or board of county commissioners. The
county court or board of county commissioners shall furnish the sheriff with
adequate equipment and supplies for carrying out the provisions of this
section. The sheriff has authority to employ such assistance therefor as may be
necessary. All supplies and equipment needed to feed and maintain such persons
as provided in this section shall be purchased by the county court or board of
county commissioners upon requisitions duly verified and presented by the sheriff
to the county court or board of county commissioners. All supplies so purchased
shall be paid for by warrant drawn upon the general fund of the county, upon
presentation of vouchers containing itemized statements of all supplies so
furnished, duly verified by the sheriff and by the person selling the same,
each of whom shall certify that the supplies were actually furnished and
received in the quantities represented and were of good quality, and that the
price charged therefor was reasonable and just. [Amended by 1957 c.698 §1; 1973
c.740 §20]
     169.310 [Repealed by 1957 c.698 §2]
DUTIES AND
LIABILITIES OF SHERIFF
     169.320
Control over prisoners; work by prisoners. (1) Except as otherwise provided in ORS 169.170 to 169.210, each
county sheriff has custody and control of all persons legally committed or
confined in the county local correctional facility of the county of the sheriff
during the period of the commitment or confinement. Under the direction of the
county court or board of county commissioners of the county, the sheriff may
cause the prisoners in the county local correctional facility to engage in any
work that is otherwise authorized by law. The work shall be performed at the
places and times and in the manner as the court or board may direct. The
sheriff may retain and put to work any prisoners as may be required to perform
necessary services in and about the facility.
     (2)(a) If the county is located within an
intergovernmental corrections entity formed under ORS 190.265, the county
sheriff of the county in which the facility is located is responsible for the
physical custody and control of all persons legally committed to or confined in
the facility during the period of the commitment or confinement and as provided
in the intergovernmental agreement. The county sheriff may cause the prisoners
in the local correctional facility to engage in any work that is otherwise
authorized by law. The work shall be performed at the places and times and in
the manner as the governing body of the intergovernmental corrections entity
may direct. The sheriff may retain and put to work any prisoners as may be
required to perform necessary services in and about the facility.
     (b) Notwithstanding paragraph (a) of this
subsection, a sheriff oversight committee has the responsibilities described in
paragraph (a) of this subsection if the following requirements have been met:
     (A) The agreement establishing the
intergovernmental corrections entity provides for the formation and operation
of a sheriff oversight committee;
     (B) A sheriff oversight committee
consisting of the sheriff of each county that is a member of the
intergovernmental corrections entity has been formed; and
     (C) Each sheriff has an equal vote on the
sheriff oversight committee.
     (c) A sheriff oversight committee formed
as described in this subsection has all the duties and liabilities regarding
the management of the local correctional facility and the physical custody and
control of all persons legally committed to or confined in the facility as described
in ORS 169.320 to 169.360 and 169.610 to 169.677. [Amended by 1973 c.740 §21;
1996 c.4 §5; 1999 c.801 §4]
     169.330
Civil liability for release of prisoner. When a prisoner has been committed to the county local correctional
facility to be held until the prisoner has paid a sum of money to a private
party, or a fine or penalty to the state, and is permitted to depart the
facility without legal order or process, the private party or the state may
recover in a civil action against the sheriff, the damages sustained by reason
of the prisoner’s departure. [Amended by 1961 c.649 §8; 1973 c.740 §22]
     169.340
Liability for escape of defendant in a civil action. (1) A sheriff who suffers the escape of a
prisoner, arrested or in a local correctional facility, without the consent or
connivance of the party on whose behalf the arrest or imprisonment was made, is
liable to an action by such party, as follows:
     (a) When the arrest is upon an order of
arrest in a civil action, suit or proceeding; when the presence of the
defendant at the return of the summons is necessary to enable the plaintiff to
proceed therein, and the defendant does not appear at the time and place
specified in the summons.
     (b) When the arrest or imprisonment is
upon an order of arrest in any other civil action, suit or proceeding, or upon
a surrender in exoneration of the sheriff or security release, and the
defendant is not found upon an execution against the person of the defendant
issued to the proper county on a judgment in such action, suit, or proceeding.
     (c) When the arrest is on an execution or
commitment to enforce the payment of money, and the party interested is not
recaptured or surrendered into custody at the expiration of the time limited
for the service thereof, or legally discharged therefrom.
     (d) When a person is imprisoned on an
execution or commitment to enforce the payment of money, and the person escapes
after the time limited for the service, and is not recaptured or surrendered
before an action is commenced for the escape.
     (2) The measure of damages in an action
brought under subsection (1) of this section, is as follows:
     (a) For the escape mentioned in subsection
(1)(a) of this section, the actual damages sustained.
     (b) In any other case, the amount
expressed in the execution or commitment. [Amended by 1973 c.740 §23; 1999
c.1051 §259; 2003 c.576 §392]
     169.350
Liability for failing to serve papers. When a sheriff or the officer of the sheriff, upon whom is served a
paper in a judicial proceeding directed to a prisoner in the custody of the
sheriff or officer, fails to forthwith deliver it to the prisoner, with a note
thereon of the time of its service, the sheriff is liable to the prisoner for
all damages occasioned thereby, and if the sheriff or officer willfully fails to
so act, such sheriff or officer is guilty of a misdemeanor.
     169.360
Appointment of keeper of local correctional facility. The sheriff may appoint a keeper of the
county local correctional facility, to be denominated the jailer, for whose
acts as such the sheriff is responsible. The appointment shall be in writing,
and the sheriff shall file a certified copy thereof in the office of the county
clerk. [Amended by 1973 c.740 §24]
     169.370 [Repealed by 1961 c.22 §1]
     169.380 [Amended by 1973 c.740 §25; repealed by 1981
c.41 §3]
     169.510 [Repealed by 1963 c.547 §11]
     169.520 [Amended by 1959 c.687 §4; repealed by 1963
c.547 §11]
FEDERAL
PRISONERS
     169.530
Duty to receive federal prisoners. The sheriff shall receive and keep in the county local correctional
facility every prisoner who is committed thereto under civil or criminal
process issued by a court of the
     169.540
Liability for expenses of keeping federal prisoners. The
REGIONAL
FACILITIES
     169.610
Policy. It is the policy of
the Legislative Assembly to encourage better rehabilitative care to
misdemeanants by encouraging the establishment of regional correctional
facilities that can effectively provide a program that not only includes better
custodial facilities than can be provided by cities or counties individually,
but also that can provide work release, educational and other types of leave,
and parole supervision by the Department of Corrections. [1971 c.636 §1; 1987
c.320 §99]
     169.620
“Regional correctional facility” defined. As used in ORS 169.610 to 169.677, “regional correctional facility”
means a correctional facility operated pursuant to agreement as described in
ORS 169.630 and used to house prisoners of the parties to the agreement, such
prisoners having either pretrial or post-trial status. [1971 c.636 §2; 1985
c.708 §2]
     169.630
Joint establishment or operation of facilities; agreement. (1) Two or more counties, two or more
cities, any combination of them, or the State of Oregon in combination with one
or more cities or counties or both, may by agreement entered into pursuant to
ORS 190.003 to 190.620, construct, acquire or equip, or may by such agreement
operate, a regional correctional facility.
     (2) An agreement pursuant to this section
shall set forth at least:
     (a) The party or combination of parties to
the agreement that shall be responsible for the operation and administration of
the facility;
     (b) The amount of funding to be
contributed by each party toward the construction or acquisition and equipping
of the facility, or toward the operation of the facility, or toward both, as
the case may be; and
     (c) The number of beds to be reserved to
the use of each party to the agreement. [1971 c.636 §3; 1985 c.708 §3]
     169.640
Status of facility for custody of misdemeanants and violators. (1) For purposes of sentencing and custody
of a misdemeanant, a regional correctional facility shall be considered a
county local correctional facility.
     (2) For purposes of sentencing or custody
of a person for violating a city ordinance, the regional correctional facility
shall be considered a city local correctional facility. [1971 c.636 §4; 1973
c.740 §27]
     169.650
Status of facility operated by Department of Corrections. A regional correctional facility operated
under agreement by the Department of Corrections is not a state institution but
it may be located in the same buildings as are used for a facility authorized
by ORS 421.805. [1971 c.636 §7; 1987 c.320 §100]
     169.660
Status of persons confined in facility operated by Department of Corrections;
assignment to regional facility. (1) Persons confined in a regional correctional facility operated by
the Department of Corrections shall be considered to be in the custody of the
department and shall be subject to such rules as the department may prescribe.
     (2) Persons committed to the custody of
the Department of Corrections may be assigned to Department of Corrections
bedspace at a regional correctional facility when the department is a party to
the operation of the facility. Prisoners so assigned are subject to such rules
as the department may prescribe and shall be considered to remain in the
custody of the department regardless of whether, pursuant to agreement, the
regional correctional facility is or is not under the actual administration of
the department. [1971 c.636 §5; 1985 c.708 §4; 1987 c.320 §101]
     169.670
Transfer of persons to facility operated by Department of Corrections; costs;
return; exception. Whenever
the governing body of a county or city transfers a misdemeanant or violator or
a person with pretrial or post-trial status to a regional correctional facility
operated by the Department of Corrections, the county or city shall pay the
cost of transportation to and from the facility and other expenses incidental
thereto, including the expenses of law enforcement officers accompanying the
misdemeanant, violator or person with pretrial or post-trial status. The
Department of Corrections shall cause at the expense of the county or city,
each misdemeanant, violator or person with pretrial or post-trial status
transferred to its custody under ORS 169.660 to be returned upon request of the
governing body of the county or city. However, such return is not required when
the release is pursuant to work release or parole where other arrangements have
been made for the placement of the misdemeanant, violator or person with
pretrial or post-trial status. [1971 c.636 §6; 1987 c.320 §102]
     169.673
Conversion of state correctional institutions into regional correctional
facilities. (1) The
Department of Corrections shall negotiate with
     (2) If agreement is reached with
     169.677
Converted facilities to house felony or misdemeanant prisoners. If a Department of Corrections institution is
made to operate as a regional correctional facility pursuant to agreement under
ORS 169.673, the purposes of the institution shall include the imprisonment of
either felony or misdemeanant prisoners, or both, of the parties to the
agreement under which the facility is operated. [1985 c.708 §7; 1987 c.320 §104]
     169.680 [1971 c.636 §8; repealed by 1985 c.708 §9]
HALFWAY
HOUSES
     169.690
Citizens advisory committee; review of proposed halfway houses and other
facilities; nomination and appointment of committee members; written report
required of agency rejecting views of advisory committee. (1)(a) Before the Department of Corrections,
Oregon Youth Authority or Department of Human Services or any city, county or
other public agency establishes a facility described in paragraph (c) of this
subsection, the city, county, department, youth authority or agency must
designate a citizens advisory committee in the proposed affected geographic
area.
     (b) If there is an established citizens
group or neighborhood organization in the affected geographic area which is
established or recognized by the city or county where it is located, it shall
be asked to nominate the committee. If there is none, the local government body
having jurisdiction over the affected area shall appoint a committee selected
from residents of the area.
     (c) The facilities to which paragraph (a)
of this subsection applies are:
     (A) Halfway houses, work release centers
or any other domiciliary facilities for persons released from any penal or
correctional facility but still in the custody of the city, county or public
agency; and
     (B) Youth care centers or other facilities
authorized to accept youth offenders under ORS 419C.478.
     (2) The local governmental body having
jurisdiction over the affected geographic area shall appoint to the citizens
advisory committee persons from those nominated under subsection (1) of this
section and shall invite the participation of officers of local governments
having jurisdiction over the area.
     (3) For each proposed house, center or
other facility, the agency responsible for establishing the house, center or
facility shall inform fully the citizens advisory committee of each affected
geographic area of the following:
     (a) The proposed location, estimated
population size and use;
     (b) The numbers and qualifications of
resident professional staff;
     (c) The proposed rules of conduct and
discipline to be imposed on residents; and
     (d) Such other relevant information as the
agency responsible for establishing the house, center or facility considers
appropriate or which the advisory committee requests.
     (4) The citizens advisory committee shall
advise the agency responsible for establishing the house, center or facility as
to the suitability of the proposed house, center or other facility and may
suggest changes in the proposal submitted under subsection (3) of this section.
The advice shall be in writing and must represent the view of the majority of
the committee.
     (5) If the agency responsible for
establishing the house, center or facility rejects any of the advice of the
citizens advisory committee, it must submit its reasons in writing to the
committee.
     (6) No person serving on a committee
established under this section should be entitled to receive any compensation
or reimbursement for service on such committee. [1975 c.367 §1; 1977 c.381 §1;
1987 c.320 §105; 1999 c.763 §1]
JUVENILE
DETENTION FACILITIES
     169.730
Definitions for ORS 169.740 to 169.760. As used in ORS 169.740 to 169.760:
     (1) “Isolation” means confinement of a
juvenile in any room which lacks toilet facilities, furniture, reading and
recreation materials or access to light and air comparable to that in other
rooms used for the detention of juveniles.
     (2) “Roomlock” means confinement of a
juvenile in any sleeping room, other than an isolation room, except during
regular sleeping periods; except that, in the case of facilities serving
counties with a population less than 70,000, based on the 1980 census, “roomlock”
does not include confining a juvenile in a sleeping room when all detained
juveniles of the same sex are similarly confined due solely to the limitations
of physical facilities or staff. [1981 c.869 §1a]
     169.740
Standards for juvenile detention facilities. (1) The standards established in ORS 169.076 to 169.078 apply to
juveniles detained in juvenile detention facilities.
     (2) In addition, juvenile detention
facilities shall:
     (a) Provide for personal inspection of
each juvenile at least once each hour unless a particular situation requires
more frequent inspection;
     (b) Provide for personal or electronically
monitored supervision on each floor where juveniles are detained;
     (c) Provide for separation of detained
juveniles from the sight and sound of detained adults. Juveniles may not be
placed in facilities that are designated for isolation of adult prisoners in
order to meet this standard;
     (d) Provide for unrestricted contact
between 8 a.m. and 5 p.m. for a period of not less than five hours per day
between detained juveniles and their attorneys and unrestricted attorney access
to the facility for private attorney-client consultation;
     (e) Unless otherwise ordered by the
juvenile court following a hearing, provide for the private and unrestricted
receipt of and sending of mail; except that incoming mail may be opened in the
presence of the juvenile upon reasonable suspicion to believe that the mail
contains contraband as defined in ORS 162.135 (1) and that incoming packages
shall be opened in the presence of the juvenile and their contents may be held
until the juvenile is released. The juvenile shall be informed of any
confiscated contraband;
     (f) Provide for the payment of postage for
the juvenileÂ’s mail to an attorney or to federal, state, county or municipal
government officials;
     (g) Provide for nondispositional
counseling and physical exercise of any juvenile held in excess of five
judicial days and cause access to the juvenile held in excess of five judicial
days for education pursuant to ORS 336.585;
     (h) Provide for the free exercise of religion
by a detained juvenile, unless such provision will cause a threat to the
security of the facility or a threat of disorderly conduct within the facility;
     (i) Make a written report, one copy of
which shall be maintained in a general log, of each use of physical force,
restraint, isolation, roomlock or internal search, setting forth in detail the
reason such action was taken and the name of the staff person taking such
action;
     (j) Notify the attorney and the parent or
guardian of the detained juvenile after the use of any physical force,
restraint, isolation or internal search upon the juvenile both:
     (A) As soon as reasonable after the use
thereof; and
     (B) By mailing a copy of the written
report within 24 hours after the use thereof;
     (k) For juveniles detained in an adult
correctional facility, provide for in-person contact by juvenile department
staff within 24 hours of the juvenileÂ’s admission and on a daily basis for as
long as the juvenile shall remain in the facility; and
     (L) Provide for counseling of any detained
juvenile found to be within the jurisdiction of the court.
     (3) As used in this section:
     (a) “Adult” does not include a person who
is 18 years of age or older and is alleged to be, or has been found to be,
within the jurisdiction of the juvenile court under ORS 419C.005.
     (b) “Juvenile” means a person alleged to
be within the jurisdiction of the juvenile court under ORS 419C.005 and a youth
offender. [Formerly 169.079; 1991 c.833 §2; 2003 c.442 §5]
     169.750
Restrictions on operation of juvenile detention facilities. A juvenile detention facility may not:
     (1) Impose upon a detained juvenile for
purposes of discipline or punishment any infliction of or threat of physical
injury or pain, deliberate humiliation, physical restraint, withholding of
meals, or isolation, or detention under conditions that violate the provisions
of subsections (2) to (8) of this section, ORS 169.076 (7) to (11), (13) or
(14) or 169.740;
     (2) Use any physical force, other means of
physical control or isolation upon a detained juvenile except as reasonably
necessary and justified to prevent escape from the facility, physical injury to
another person, to protect a detained juvenile from physical self-injury or to
prevent destruction of property, or to effectuate the confinement of the
juvenile in roomlock or isolation as provided for in ORS 169.090, 169.730 to
169.800, 419A.050 and 419A.052, and for only so long as it appears that the
danger exists. A use of force or other physical means of control may not
employ:
     (a) The use of restraining devices for a
purpose other than to prevent physical injury or escape, or, in any case, for a
period in excess of six hours. However, the time during which a detained
juvenile is being transported to another facility pursuant to court order shall
not be counted within the six hours; or
     (b) Isolation for a period in excess of
six hours;
     (3) Use roomlock except for the discipline
and punishment of a detained juvenile for violation of a rule of conduct or
behavior of the facility as provided for in ORS 169.076 (12) or for conduct
that constitutes a crime under the laws of this state or that would justify
physical force, control or isolation under subsection (2) of this section;
     (4) Cause to be made an internal
examination of a detained juvenileÂ’s anus or vagina, except upon probable cause
that contraband, as defined in ORS 162.135 (1), will be found upon such
examination and then only by a licensed physician or a nurse;
     (5)(a) Administer to any detained juvenile
medication, except upon the informed consent of the juvenile or in the case of
an imminent threat to the life of the juvenile or where the juvenile has a
contagious or communicable disease that poses an imminent threat to the health
of other persons in the facility. However, prescription medication may not be
administered except upon a written prescription or written order by a licensed
physician or licensed dentist and administered by a licensed physician,
licensed dentist or other medical personnel authorized by the State of Oregon
under ORS chapter 677, 678 or 679 to administer medication. Facility staff not
otherwise authorized by law to administer medications may administer
noninjectable medications in accordance with rules adopted by the Oregon State
Board of Nursing pursuant to ORS 678.150 (9);
     (b) Nonmedical personnel shall receive
training for administering medications, including recognition of and response
to drug reactions and unanticipated side effects, from the responsible
physician or nurse and the official responsible for the facility. All personnel
shall be responsible for administering the dosage medications according to
orders and for recording the administrations of the dosage in a manner and on a
form approved by the responsible physician; and
     (c) Notwithstanding any other provision of
law, medication may not be administered unless a registered nurse or physician
is either physically on the premises or readily available by telephone and
within 30 minutes travel time of the patient;
     (6) Administer to any detained juvenile
any medication or medical procedure for purposes of experimentation;
     (7) Discipline or punish any juvenile for
conduct or behavior by roomlock, for a period in excess of 12 hours, or by
denial of any privilege, regularly awarded other detained adults or juveniles,
for more than one day, except after:
     (a) Advising the juvenile in writing of
the alleged offensive conduct or behavior;
     (b) Providing the juvenile the opportunity
to a hearing before a staff member who was not a witness to the alleged
offensive conduct or behavior;
     (c) Providing the juvenile the opportunity
to produce witnesses and evidence and to cross-examine witnesses;
     (d) Providing the detained juvenile the
opportunity to testify, at the sole option of the juvenile; and
     (e) A finding that the alleged conduct or
behavior was proven by a preponderance of the evidence and that it violated a
rule of conduct or behavior of the facility as provided for in ORS 169.076 (12)
or constituted a crime under the laws of this state; and
     (8) Detain juveniles with emotional
disturbances, mental retardation or physical disabilities on the same charges
and circumstances for which other juveniles would have been released or
provided with another alternative. [1981 c.869 §3; 1983 c.598 §1; 1993 c.33 §313;
1997 c.765 §1; 2007 c.70 §38]
     169.760
Juvenile detention facilities to establish written policy. All juvenile detention facilities, within
six months following November 1, 1981, shall have established comprehensive
written policies providing for the least restrictive alternative consistent
with the safety and security of the facility, ORS 169.076, 169.078, 169.740 and
169.750, with respect to:
     (1) The admission and release of juveniles
to and from the facility and proper notification of the juvenileÂ’s parent,
guardian or other person responsible for the juvenile;
     (2) The use of physical restraints,
physical force, chemical agents, internal searches and isolation of or upon a
detained juvenile;
     (3) A detained juvenile’s access to
medical and dental treatment, education, counseling and exercise;
     (4) Access to the facility by the public
and news media;
     (5) Access to reading materials for
detained juveniles;
     (6) Dress and groom code which will allow
for individual identity of detained juveniles;
     (7) Access to visitation and telephone
calls for a detained juvenile with family and friends;
     (8) Sanctions for violating rules of
inmate conduct made pursuant to ORS 169.076 (12) and procedures for
fact-finding and imposition of discipline or punishment; and
     (9) Access to records and grievance
procedures for complaints by the detained juvenile, the attorney of the
detained juvenile, parent or guardian or other interested person as provided
for in ORS 419A.255. [1981 c.869 §5; 1993 c.33 §314]
     169.770
Release of detained juvenile when detention facility violates standards. Notwithstanding the procedures set out in
ORS 169.080 and 419A.061, the juvenile court in which venue lies pursuant to
419B.100 or 419C.005 shall, upon motion of any party or on its own motion, and
after prompt hearing, release any juvenile detained in a facility which
violates ORS 169.076 (7) to (11), (13) or (14), 169.740 or 169.750, unless the
court finds that such violation is not likely to reoccur. The court may comply
with the release provisions of this section by transferring a detained juvenile
to an available juvenile detention facility which it finds complies with ORS
169.076 (7) to (11), (13) or (14), 169.740 and 169.750, or by placing the
juvenile in shelter care, or by releasing the juvenile to the custody of a
responsible adult under terms and conditions specified by the court, or by
releasing the juvenile on personal recognizance under terms and conditions
specified by the court. The appeal of a final order under this section does not
suspend the jurisdiction of the juvenile court while the appeal is pending. No
subsequent order of the juvenile court shall moot the appeal. [1981 c.869 §4;
1985 c.499 §8; 1985 c.618 §11; 1993 c.33 §315; 2001 c.480 §12]
MISCELLANEOUS
     169.800
Detention of juveniles before conviction and execution of sentence. Notwithstanding a waiver order under ORS
419C.349, 419C.352, 419C.364 or 419C.370, if a person under 16 years of age is
detained prior to conviction or after conviction but prior to execution of
sentence, such detention shall be in a facility used by the county for
detention of juveniles. [1985 c.631 §3; 1993 c.33 §316; 1993 c.546 §120]
     169.810
Assumption of duties by regional correctional facility constitutes assumption
by public employer; rights of transferred employees. (1) Assumption by the regional correctional
facility of those custodial duties formerly performed by a county or city jail
constitutes an assumption of duties by a public employer subject to ORS 236.610
to 236.640.
     (2) An employee who transfers from
employment at a county or city jail to employment at a regional correctional
facility operated by the county or city by which the employee has been employed
shall be accorded the following rights:
     (a) If a trial or probationary service
period is required for employment at the county or city jail, the period of
county or city employment of the employee shall apply to that requirement.
     (b) An employee who transfers from
employment at a county or city jail to employment at the regional correctional
facility shall retain accumulated unused sick leave with pay and the
accumulated unused vacation with pay to which the employee was entitled under
county or city employment on the day before the transfer that are supported by
written records of accumulation and use pursuant to a plan formally adopted and
applicable to the employee under county or city employment.
     (c) Notwithstanding any other provision of
law applicable to a retirement system for county employees or city employees, an
employee who transfers from employment at a county or city jail to employment
at the regional correctional facility who was participating in a retirement
system under county or city employment may elect, not later than the first day
of the month following the month in which the employee transfers, to continue
under the retirement system in which participating and not to become, if
eligible, a member of another retirement system. The election shall be made in
writing and shall be submitted to the regional correctional facility
administrator, the Public Employees Retirement Board and the governing body of
the counties and cities that operate the regional correctional facility.
     (d) If an employee elects to continue
under the retirement system in which participating under county or city
employment, the employee shall continue to make required contributions to that
system and the administration of the regional correctional facility shall make
contributions on behalf of the employee required of an employer participating
in that system.
     (e) If an employee fails to elect to
continue under the retirement system in which participating under county or
city employment as provided in paragraph (c) of this subsection or was not
participating in a retirement system under county or city employment, the
employee shall become, if eligible, a member of the Public Employees Retirement
System. If the employee is eligible to become a member of the Public Employees
Retirement System, the period of continuous service of the employee under
county or city employment immediately before the transfer of the employee shall
apply to the six monthsÂ’ service requirement of ORS 238.015, 238A.100 or
238A.300.
     (3) The county or city employment records,
or a copy thereof, applicable to an employee transferred under subsection (2)
of this section shall be provided by the person having custody of the records
to the regional correctional facility administrator. [1985 c.708 §8; 2003 c.733
§48]
_______________
CHAPTER 170
[Reserved for expansion]
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