2023 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 161 - General Provisions
Section 161.267 - Use of physical force by corrections officer or official employed by Department of Corrections.
(1) As used in this section:
(a) "Colocated minimum security facility" means a Department of Corrections institution that has been designated by the Department of Corrections as a minimum security facility and has been located by the department on the grounds of a medium or higher security Department of Corrections institution.
(b) "Department of Corrections institution" has the meaning given that term in ORS 421.005.
(c) "Stand-alone minimum security facility" means a Department of Corrections institution that has been designated by the department as a minimum security facility and that has been located by the department separate and apart from other Department of Corrections institutions.
(2) Subject to ORS 161.237 and 421.107, a corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to:
(a) Prevent the escape of an adult in custody from a Department of Corrections institution, including the grounds of the institution, or from custody;
(b) Maintain or restore order and discipline in a Department of Corrections institution, or any part of the institution, in the event of a riot, disturbance or other occurrence that threatens the safety of adults in custody, department employees or other persons; or
(c) Prevent serious physical injury to or the death of the officer, official or another person.
(3) Notwithstanding subsection (2)(a) of this section, a corrections officer or other official employed by the department may not use deadly physical force to prevent the escape of an adult in custody from:
(a) A stand-alone minimum security facility;
(b) A colocated minimum security facility, if the corrections officer or other official knows that the adult in custody has been classified by the department as minimum custody; or
(c) Custody outside of a Department of Corrections institution:
(A) While the adult in custody is assigned to an adult in custody work crew; or
(B) During transport or other supervised activity, if the adult in custody is classified by the department as minimum custody and the adult in custody is not being transported or supervised with an adult in custody who has been classified by the department as medium or higher custody.
(4) Nothing in this section limits the authority of a person to use physical force under ORS 161.205 (2) or 161.265. [2005 c.431 §2; 2019 c.213 §38; 2019 c.333 §3; 2020 s.s.2 c.3 §5]
