Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Institution” means the institutions designated in ORS 179.321. “Agency” means: The Department of Corrections when the institution is a Department of Corrections institution, as defined in ORS 421.005; The Department of Human Services when the institution is the facility formerly used as the…
The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall: Govern, manage and administer the affairs of the public institutions and works within their respective jurisdictions. Enter into contracts for the planning, erection, completion and furnishings of all new buildings or additions at their respective institu…
The clerk of a circuit or county court shall cause a report to be made to the Department of Corrections on each offender convicted of a felony or misdemeanor in the court and on each juvenile found to be within the jurisdiction of the court by reason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1). The Department of Corrections shall prescribe …
The Department of Corrections, the Department of Human Services and the Oregon Health Authority may receive, take and hold property, both real and personal, for any institution within their respective jurisdictions. Title shall be taken in the name of the state.
The revenue from the rental or lease of property administered by an institution governed or managed by the Department of Corrections, the Department of Human Services or the Oregon Health Authority, except dormitory and housing rentals at institutions governed by the agencies, shall be deposited in the account of the respective agency for use by the respecti…
The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall have the same powers with respect to furnishing heat, light, power, sewage, fire protection and communications facilities to institutions under their respective jurisdictions as is granted to the Oregon Department of Administrative Services under ORS 276.210…
For a purpose of ORS 179.040, including aid and support of research in any of the institutions, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may in their respective discretions accept from the United States or any of its agencies financial assistance and grants in the form of money or labor, or from any othe…
Subject to the approval of the Director of the Oregon Department of Administrative Services, the Department of Corrections, the Department of Human Services and the Oregon Health Authority, respectively, may accept and receive grants of funds from the United States or any of its agencies for the construction, equipment and betterment of any of the institutio…
The executive head of each institution may execute a claim voucher against the Institutional Betterment Fund to the credit of the institution, in favor of the executive head of the institution, in such amount as shall be approved by the Director of the Oregon Department of Administrative Services, for use by the institution as a revolving fund in paying the …
Subject to any applicable provision of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to 291.260, all claims for supplies or materials furnished or services rendered to institutions shall be audited and approved as provided by law, upon the presentation of duly …
No officer of the Department of Corrections, the Department of Human Services or the Oregon Health Authority or officer, employee or other person connected with an institution shall be pecuniarily interested in any contract for supplies or services furnished or rendered to an institution, other than the services of regular employment.
CLAIM FOR INJURY OR DAMAGE
The Department of Human Services, the Department of Corrections, the Oregon Health Authority and the Superintendent of Public Instruction may audit, allow and pay a claim for damage to property made by an employee of one of those agencies if: The damage to property arises out of the claimant’s employment at one of the institutions or facilities operated by …
The decision of the Department of Human Services, the Department of Corrections, the Oregon Health Authority or the Superintendent of Public Instruction to reject any claim filed under ORS 179.210 is final, and is not subject to review under ORS chapter 183, or by any other agency or court. The provisions of this section do not affect any other remedy that m…
If any person owes a debt to this state or a state agency, and the debt has been fixed by final judgment of a court of competent jurisdiction or is no longer subject to judicial review, the Department of Corrections, the Department of Human Services or the Oregon Health Authority shall deduct the amount of the debt from any award made to that person under OR…
SUPERVISION OF STATE INSTITUTIONS (Superintendent)
When used in ORS 179.010 to 179.495, unless the context otherwise requires, “superintendents” means the executive heads of the institutions listed in ORS 179.321.
The Oregon Health Authority shall operate, control, manage and supervise the Oregon State Hospital campuses. The Department of Corrections shall operate, control, manage and supervise those institutions defined as Department of Corrections institutions in ORS 421.005.
The Department of Human Services may order the change, in all or part, of the purpose and use of any state institution being used as an institution for the care and treatment of persons with developmental disabilities in order to care for persons committed to its custody whenever the department determines that a change in purpose and use will better enable t…
The superintendents shall be appointed and, whenever the public service requires such action, may be removed, suspended or discharged, as follows: The superintendent of the Oregon State Hospital, by the Director of the Oregon Health Authority. The superintendents of Department of Corrections institutions as defined in ORS 421.005, by the Director of the De…
The annual salaries of the superintendents shall be fixed, within the respective appropriations therefor and the limitations otherwise fixed by law by their respective appointing authorities. The superintendents shall receive no fees, emoluments or compensation other than salaries fixed under subsection (1) of this section, but shall receive their actual tr…
Each superintendent shall: Have custody of the residents of the institution under jurisdiction of the superintendent. Direct the care, custody and training of the residents unless otherwise directed by law or by rule. Adopt sanitary measures for the health and comfort of the residents. Promote the mental, moral and physical welfare and development of the…
The Director of the Department of Corrections or the Director of the Oregon Health Authority may require that a superintendent reside in state-provided housing at the institution under the jurisdiction of the superintendent. The rental shall be determined pursuant to ORS 182.425. (Staff)
The Department of Corrections and the Oregon Health Authority shall ensure that adequate chaplaincy services, including but not limited to Protestant and Roman Catholic, are available at their respective institutions. Chaplains serving the various institutions shall, with respect to the adults in custody or patients at such institutions: Provide for and at…
The Department of Corrections and the Oregon Health Authority shall authorize the employment of all necessary physicians, attendants, nurses, engineers, messengers, clerks, guards, cooks, waiters and other officers and employees not specifically authorized by law and necessary to the successful maintenance of their respective institutions. The amounts expend…
The Department of Corrections and the Oregon Health Authority, respectively, may establish scholarship programs to provide assistance in securing qualified personnel at state institutions governed by them. Scholarships authorized by this section shall be granted in accordance with rules and regulations adopted respectively by the agencies.
The superintendent of an institution within the jurisdiction of the Department of Corrections shall, subject to the approval of the Director of the Department of Corrections, appoint in the manner provided by law all assistants, officers and other employees at the institution under the jurisdiction of the superintendent. The superintendent may suspend or rem…
The superintendent of an institution may rent state-provided housing located at the institution under the jurisdiction of the superintendent to state officers and employees or others. The rental shall be determined pursuant to ORS 182.425.
A Department of Corrections institution or a youth correction facility as defined in ORS 420.005 may not employ persons regularly as teachers who are not licensed. Note: 179.405 was added to and made a part of ORS chapter 179 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation…
(Work at Institution)
In order to minimize the cost of maintaining the institutions, all wards of the state who are capable of a reasonable amount of work without physical or mental injury to themselves shall be used as fully as possible in the production and manufacture of articles for the use of the state and in the performance of labor for the state.
The Department of Corrections and the Oregon Health Authority may direct the employment of able-bodied persons at the agencies’ respective institutions, in the performance of useful work upon land owned by the state if it does not compete with free labor. Work may not be performed upon any such land except by consent and approval of the agency of the state h…
In order to encourage industry and thereby increase productiveness in the institutions, the Department of Corrections and the Oregon Health Authority shall prescribe rules and regulations for the sale and exchange of surplus products of each. The funds derived from the sale of the surplus products shall be paid into the State Treasury and become a part of a…
(Transfer Procedures)
As used in ORS 179.473 and 179.478, unless the context requires otherwise: “Adjudicated youth” has the meaning given that term in ORS 419A.004. “Youth correction facility” has the meaning given that term in ORS 420.005. Note: 179.471 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series there…
Whenever the health and welfare of the person and the efficient administration of the institution require the transfer of an adult in custody in a Department of Corrections institution or an adjudicated youth in a youth correction facility to another institution or facility: The Department of Corrections or the Oregon Youth Authority, with the consent of th…
If an adult in custody or adjudicated youth, a relative, guardian or friend of an adult in custody or adjudicated youth, or institution staff have probable cause to believe that an adult in custody or adjudicated youth is a person with an intellectual disability to such a degree that the adult in custody or adjudicated youth cannot adjust to or benefit from …
The superintendent or other chief executive officer of an institution described in ORS 179.321 may, when authorized by regulation or direction of the Department of Corrections or the Oregon Health Authority, convey an adult in custody to a physician, clinic or hospital, including the Oregon Health and Science University, for medical, surgical or dental treat…
Any time spent by an adult in custody in a Department of Corrections institution pursuant to a transfer or conveyance shall be counted as part of the sentence being served by the adult in custody.
Persons transferred to a state institution for persons with mental illness or intellectual disabilities under ORS 179.473, 179.478 and 420.505 shall be entitled to the same legal rights as any other persons admitted to those institutions.
The institution from which a transfer or conveyance is made shall pay from its appropriation the cost of such of the following items as may be incurred in a particular case: Transportation and other expenses incidental to the transfer or conveyance, including the expenses of attendants where an attendant is directed to accompany the adult in custody. Hospi…
In the case of a necessary or emergency operation requiring the services of a specialist, and where the relatives or guardians, in the judgment of the Department of Corrections or the Oregon Health Authority, are unable to pay a part or the whole cost of the operation, the agencies may have the operation performed, the cost of the operation to be payable fro…
The Department of Corrections, the Department of Human Services or the Oregon Health Authority shall dispense as written a prescription for a brand-name mental health drug prescribed for a person while the person is in the custody of an institution described in ORS 179.321 or who has been committed pursuant to ORS 427.235 to 427.292, if the prescription spec…
Written accounts of the adults in custody of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, are not subject to disclosure unless the disclosure is permitted or authorize…
As used in this section: “Disclosure” means the release of, transfer of, provision of access to or divulgence in any other manner of information outside the health care services provider holding the information. “Health care services provider” means: Medical personnel or other staff employed by or under contract with a public provider to provide health ca…
Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action for equitable relief in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for the purpose of requiring compliance with ORS …
The Department of Corrections may disclose individually identifiable health information without obtaining an authorization from an adult in custody or a personal representative of the adult in custody if disclosure of the information is necessary for: The provision of health care to the adult in custody; The health and safety of the adult in custody or oth…
The superintendent of each state institution shall submit quarterly reports on the number of deaths, including the ages of the deceased, the causes of death and the disposition of the remains, within the institution to the Department of Corrections or the Oregon Health Authority, as the case may be, having jurisdiction over the institution. The agencies sha…
The superintendent or state agency that possesses or controls funds that are the property of the residents of such institutions or that have been deposited for their use or for expenditure in their behalf shall deposit such funds, as they are received, together with any such funds as heretofore have accumulated, with the State Treasurer as a trust account, s…
The superintendent or state agencies are authorized to receive any of the funds referred to in ORS 179.510 to 179.530. The State Treasurer shall carry such funds in separate accounts for such institutions, or in a single account for all institutions operated by a single state agency, but shall not credit such funds or any part thereof to any state fund for g…
Disbursements from the accounts for the purposes for which the contributions or payments were made, and for payment to persons lawfully entitled thereto, may be made by the superintendent of the institution by which the funds were deposited, or by the state agency having jurisdiction over the institution, by checks or orders drawn upon the State Treasurer. T…
OREGON STATE HOSPITAL ADVISORY BOARD
There is established in the Oregon Health Authority the Oregon State Hospital Advisory Board, consisting of 16 members. Two nonvoting members shall be from the Legislative Assembly, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives. Fourteen members shall be appointed by the Governor and be subject …
The Oregon State Hospital Advisory Board established by ORS 179.560: Shall periodically conduct a comprehensive review of federal and state laws concerning, and administrative rules, policies, procedures and protocols of the Oregon State Hospital related to, the safety, security and care of patients; May make recommendations directly to the superintendent …
The Oregon State Hospital Advisory Board may establish ad hoc committees to aid and advise the board in the performance of its functions. The chairperson of the board shall appoint the chairperson of each committee. Each committee shall include no more than one less than a quorum of the voting members of the board, and the remaining members of a committee ma…
As used in ORS 179.610 to 179.770, unless the context requires otherwise: “Authorized representative” means an individual or entity appointed under authority of ORS chapter 125, as guardian or conservator of a person, who has the ability to control the person’s finances, and any other individual or entity holding funds or receiving benefits or income on beh…
A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701. While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay.…
The Department of Corrections and the Oregon Health Authority shall establish rules for determining ability to pay for persons in their respective institutions. The rules adopted by each agency shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and the av…
If any person or authorized representative refuses to pay for the cost of care as ordered by the Department of Corrections or the Oregon Health Authority under ORS 179.640, the amount unpaid plus interest shall be a lien in favor of the State of Oregon. The lien shall arise as each payment is due under the order and shall continue until the liability with in…
If any amount due the Department of Corrections or the Oregon Health Authority for the cost of care of a person is not paid within 30 days after it becomes due, and no provision is made to secure the payment by bond, deposit or otherwise, pursuant to rules adopted by the appropriate agency, the agency may issue a distraint warrant directed to any county of t…
If the Department of Corrections or the Oregon Health Authority believes a person at one of its state institutions needs a guardian or conservator, or both, and one has not been appointed, the agency may request that the district attorney institute proper proceedings for this appointment in the court having probate jurisdiction. The county of which the perso…
The cost-of-care rates for a person who is or was in a state institution described in ORS 179.321 shall be determined by the Department of Corrections or the Oregon Health Authority, as appropriate. The rates established shall be reasonably related to current costs of the institutions as described in ORS 179.321. Current costs for a person who is or was in …
Remittance of amounts due for care of persons at state institutions as provided in ORS 179.610 to 179.770 shall be made to the Department of Corrections or the Oregon Health Authority, as appropriate. The agency shall refund any unearned payment for the care of a person at a state institution where payment has been made in advance and the person dies or is …
If the Department of Corrections or the Oregon Health Authority determines that collection of the amount payable under ORS 179.610 to 179.770 for the cost of care of a person would be detrimental to the best interests of the person or the agency, the agency may waive the collection of part or all of the amount otherwise payable.
The Department of Corrections, the Department of Human Services or the Oregon Health Authority, as appropriate, may file a claim against the decedent’s estate for any unpaid charges under ORS 179.620 (3). This shall be done in the same manner as claims of creditors and with the priorities provided in ORS 115.125. If, within 90 days following the person’s de…
The State of Oregon, by and through the Department of Corrections, the Department of Human Services or the Oregon Health Authority, may take title to real and personal property to carry out the provisions of ORS 179.620, 179.653, 179.655 and 179.740. With the written consent of the owner of real property or an authorized representative of the owner, the agen…
Discrimination may not be made in the admission, accommodation, care, education or treatment of any person in a state institution because the person does or does not contribute to the cost of the care. Discrimination may not be made in the provision of or access to educational facilities and services and recreational facilities and services to any person in…
RULES
In accordance with any applicable provisions of ORS chapter 183, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may adopt any rules necessary to carry out ORS 179.610 to 179.770. Subject to any applicable provision of the State Personnel Relations Law, the agency may employ employees necessary to carry out OR…