2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 162
162.135 Definitions for ORS 162.135 to 162.205.


OR Rev Stat § 162.135 (through Leg Sess 2011) What's This?

As used in ORS 162.135 to 162.205, unless the context requires otherwise:

(1)(a) Contraband means:

(A) Controlled substances as defined in ORS 475.005;

(B) Drug paraphernalia as defined in ORS 475.525;

(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of an inmate confined in a correctional facility; or

(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.

(b) Contraband does not include authorized currency possessed by an inmate in a work release facility.

(2) Correctional facility means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. Correctional facility applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.370.

(3) Currency means paper money and coins that are within the correctional institution.

(4) Custody means the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.

(5) Escape means the unlawful departure of a person from custody or a correctional facility. Escape includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351. Escape does not include failure to comply with provisions of a conditional release in ORS 135.245.

(6) Youth correction facility means:

(a) A youth correction facility as defined in ORS 420.005; and

(b) A detention facility as defined in ORS 419A.004.

(7) State hospital means the Oregon State Hospital, Blue Mountain Recovery Center, Eastern Oregon Training Center and any other hospital established by law for similar purposes.

(8) Unauthorized departure means the unauthorized departure of a person confined by court order in a youth correction facility or a state hospital that, because of the nature of the court order, is not a correctional facility as defined in this section, or the failure to return to custody after any form of temporary release or transitional leave from a correctional facility. [1971 c.743 189; 1973 c.836 342; 1983 c.740 28; 1983 c.815 7; 1985 c.565 16; 1989 c.790 53; 1991 c.809 1; 1993 c.33 307; 1995 c.738 2; 1997 c.249 47; 1999 c.504 1; 2001 c.295 8; 2001 c.900 24; 2005 c.685 10; 2007 c.14 3; 2011 c.708 21]

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