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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 16 CRIMES AND PUNISHMENTS
Chapter : Chapter 169 Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
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(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](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 Oregon county or city may secure the use of jail
accommodations outside the state, but only in a county that adjoins the
Oregon county or the county in which the Oregon city is located.
(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] (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] The county
court or board of commissioners of a county may institute an examination
of the county’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] 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](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] 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](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.(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.(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](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] 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
facility’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 624.100.
(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 prisoner’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 Oregon Structural Specialty Code and Fire and Life Safety Code.
(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 prisoner’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] 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 prisoner’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 Oregon Structural Specialty Code and Fire and Life Safety Code.
(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] 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 Oregon Structural Specialty Code and Fire and Life Safety Code. [1979
c.487 §8 (enacted in lieu of 169.075); 1987 c.320 §94]ENFORCEMENT OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION
FACILITIES(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 Oregon. The Attorney General, at the request of
the Department of Corrections, may bring suit or action and may seek
declaratory judgment as provided in ORS chapter 28 as well as pursue any
other form of suit or action provided under Oregon law. Nothing in this
section shall preclude a private right of suit or action. [1973 c.740 §4;
1979 c.338 §3; 1979 c.487 §3; 1987 c.320 §95; 1993 c.33 §311]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](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 Sheriffs’ 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 PRISONERSNo 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] 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] (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] 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] 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]
(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 person’s
ability to pay;
(b) Provides equal treatment to all persons committed to the local
correctional facility regardless of a person’s ability to pay;
(c) Establishes a system that notifies the person of the fees and
what services are covered; and
(d) Establishes a grievance system that allows a person to
challenge the deduction of a fee from the person’s account. [Amended by
1973 c.740 §16; 1995 c.523 §1; 1999 c.801 §1](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 person’s ability to pay. When a
person presents such evidence, the court shall determine the person’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 person’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 defendant’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]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](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] 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] 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 individual’s
insurer or health care 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 individual’s insurer or health care contractor the
charges and expenses owed to the provider.
(c) If the provider receives payment from the individual or the
insurer or health care 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]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. 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 sheriff’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] 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]
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.(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] 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]DUTIES AND LIABILITIES OF SHERIFF (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] 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] (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] 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. 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]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 United States, until the prisoner is discharged according to
the laws thereof, as if the prisoner had been committed under process
issued by the authority of this state. The prisoner shall receive all
sums payable by the United States for the use of the facility, and remit
such sums to the county treasurer not later than the first day of the
month succeeding their receipt. A sheriff or jailer to whose custody such
prisoner is committed is answerable for the safekeeping of the prisoner
in the courts of the United States, according to the laws thereof.
[Amended by 1973 c.740 §26] The
United States shall pay for the support and keeping of prisoners
committed by virtue of legal process issued by or under its authority,
the same charges and allowance provided for the support or keeping of
prisoners committed under the laws of this state.REGIONAL FACILITIES 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] 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]
(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](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] 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](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]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](1) The Department of Corrections shall
negotiate with Marion County and Umatilla County, respectively, the
conversion of Oregon State Correctional Institution and Eastern Oregon
Correctional Institution into regional correctional facilities to house
both state and county prisoners. The department shall include in the
negotiations any other nearby counties desiring to participate in the
operation of the regional correctional facility.
(2) If agreement is reached with Marion County, in the case of the
Oregon State Correctional Institution, and with Umatilla County, in the
case of Eastern Oregon Correctional Institution, the department shall
proceed to operate those institutions, or either of them as to which
agreement is negotiated, as regional correctional facilities according to
the terms of the agreement. [1985 c.708 §6; 1987 c.320 §103]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]HALFWAY HOUSES(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 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] (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 juvenile’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 juvenile’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]
No juvenile detention facility shall:
(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 which 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 said danger exists. No use of force or other physical means of
control shall 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 which
constitutes a crime under the laws of this state or which would justify
physical force, control or isolation under subsection (2) of this section;
(4) Cause to be made an internal examination of a detained
juvenile’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, in no case shall prescription
medication 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, no medication shall
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 who are emotionally disturbed, mentally
retarded or physically handicapped 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]
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 juvenile’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]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]MISCELLANEOUSNotwithstanding 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](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 months’ 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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