Oregon Revised Statutes

Chapter 420A — Oregon Youth Authority; Youth Correction Facilities

38 sections

420A.005 Definitions

As used in ORS 420A.005 to 420A.155, unless the context requires otherwise: “Adjudicated youth” has the meaning given that term in ORS 419A.004. “Cognitive restructuring” means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals. “Dire…

420A.010 Creation and duties

The Oregon Youth Authority is established. The youth authority shall: Supervise the management and administration of youth correction facilities, state parole and probation services, community out-of-home placement for adjudicated youths committed to its legal custody and other functions related to state programs for youth corrections; Provide capital impr…

420A.012 Recidivism; definition; reporting system; duties of Oregon Youth Authority and juvenile departments

The Oregon Youth Authority, in consultation with the Oregon Juvenile Department Directors’ Association, shall adopt one or more definitions of recidivism and establish a recidivism reporting system applicable to adjudicated youths. The definition must be designed to address outcomes including, but not limited to, community safety and rehabilitation. The juv…

420A.014 Enumeration of duties not exclusive

The enumeration of duties, functions and powers in ORS 420A.010 is not intended to be exclusive nor limit the duties, functions and powers imposed on or vested in the Oregon Youth Authority by other statutes.

420A.015 Director; appointment

The Oregon Youth Authority is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the youth authority. The Governor shall appoint the director, who holds office at the pleasure of the Governor. The director shall receive a salary as provided by law or, if not so provided, as prescri…

420A.017 Senate confirmation of director

The appointment of the Director of the Oregon Youth Authority is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

420A.020 Subordinate officers and employees; appointment

The Director of the Oregon Youth Authority may appoint, subject to the approval of the Governor, a deputy director to serve at the pleasure of the director, with authority to act for the director in the absence of the director but subject to the control of the director at all times. The designation of the deputy director must be by written order, filed with …

420A.021 Authority of Oregon Youth Authority to require fingerprints

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Youth Authority may require the fingerprints of a person who: Is employed or applying for employment by the youth authority; Provides services or seeks to provide services to the youth authority as a contractor, vendor or volunteer; or Is an applicant…

420A.022 Certification of employees to provide mental health services; rules

The Oregon Youth Authority may certify employees of the authority to provide mental health services to adjudicated youths and other persons placed in the physical custody of the authority in accordance with standards established by the authority by rule. As used in this section, “adjudicated youth” has the meaning given that term in ORS 419A.004. Note: 420…

420A.023 Authority of youth correction officers to exercise power of peace officer

The Director of the Oregon Youth Authority may authorize an individual youth correction officer or group of youth correction officers to exercise the powers and authority of a peace officer in the supervision and custody of adjudicated youth and persons in the physical custody of the youth authority under ORS 137.124 or other applicable law. The authority o…

420A.025 Rules

In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Youth Authority may adopt rules necessary for the administration of the laws that the Oregon Youth Authority is charged with administering.

420A.030 Oregon Youth Authority Account

The Oregon Youth Authority Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments and other moneys received by the Oregon Youth Authority shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously and shall be us…

420A.032 Revolving fund

Upon written request of the Oregon Youth Authority, the Oregon Department of Administrative Services shall establish a revolving fund by drawing warrants on amounts appropriated to the Oregon Youth Authority for operating expenses. The revolving fund shall be deposited with the State Treasurer, to be held in a special account against which the Oregon Youth A…

420A.035 Authorization to deposit money belonging to adjudicated youths and youth in authority custody in trust account

The Oregon Youth Authority may deposit money belonging to adjudicated youths or others in youth authority custody in a trust account in the State Treasury separate and distinct from the General Fund. Interest earned by the account, if any, shall accrue to the benefit of the account.

420A.040 Provision of juvenile corrections programs and services to tribal adjudicated youth; agreements; award of funds

An agency that provides juvenile corrections programs may enter into an agreement with a tribe for the purposes of placing a tribal adjudicated youth into a state youth correction facility or program. The tribe shall pay the agency reasonable expenses associated with the incarceration and treatment of the adjudicated youth. The Oregon Youth Authority may re…

420A.100 Authority to establish and operate; provision of personal hygiene products

The Oregon Youth Authority may establish and operate youth correction facilities. If the youth authority establishes youth correction facilities, the youth authority shall site the facilities in accordance with applicable state and local laws. Youth correction facilities must be used for the confinement of adjudicated youths and others placed in the custody…

420A.105 Rules

The Director of the Oregon Youth Authority may adopt rules necessary to carry out the provisions of ORS 420A.105 to 420A.155. The rules must include but need not be limited to: Procedures by which adjudicated youths may apply for transfers from one level of custody to another; and Rules applicable to parole of adjudicated youths.

420A.108 Policy regarding rules and consequences for violations of rules; review of dispositions

It is the policy of the State of Oregon that: Rules regulating the conduct of adjudicated youths and other persons placed in the physical custody of the Oregon Youth Authority under ORS 137.124 or any other provision of law be based on the following principles and goals: Concrete expectations and goals for the conduct of adjudicated youths and other person…

420A.111 Levels of custody; transfer between levels; significance

The Director of the Oregon Youth Authority may authorize the transfer of an adjudicated youth from one level of custody to another. Before a transfer under subsection (1) of this section may take place, the Director of the Oregon Youth Authority shall review the record of the adjudicated youth and enter an order granting or denying the transfer. The adjudi…

420A.115 Parole of adjudicated youths; disclosure of information to victims; rules

The Director of the Oregon Youth Authority may authorize any adjudicated youth to go on parole, subject to conditions of supervision and custody established by the Director of the Oregon Youth Authority and subject to being taken into custody and detained under written order of the Director of the Oregon Youth Authority or as provided in ORS 420A.120. Notwi…

420A.120 Suspension of parole or conditional release; rules

The Oregon Youth Authority, upon being informed and having reasonable grounds to believe that an adjudicated youth under the youth authority’s supervision or control has violated the conditions of parole or other conditional release from custody, may suspend the adjudicated youth’s parole or conditional release and order that the adjudicated youth be taken i…

420A.122 Notice of release or discharge of adjudicated youth

Prior to an adjudicated youth’s release or discharge from a youth correction facility, the Oregon Youth Authority shall notify the following of the release or discharge: Law enforcement agencies in the community in which the adjudicated youth is going to reside; The school administrator of the school the adjudicated youth will attend or, if the school the …

420A.125 Adjudicated youths; intake assessments; reformation plan; placement

The Oregon Youth Authority shall conduct, or cause to be conducted, intake assessments when adjudicated youths and other persons are initially placed in a youth correction facility. At the time of the intake assessment, the youth authority shall provide the person with a copy of the rules of conduct for adjudicated youths and other persons in custody in you…

420A.130 Reentry support and services; rules

As used in this section: “Reentry support and services” has the meaning given that term in ORS 423.110. “Sentence” includes a period of incarceration, any period of transitional leave, work release or program of conditional or supervised release authorized by law and any period of post-prison supervision. “Youth correction facility” has the meaning given …

420A.135 Secure regional youth facilities

The Oregon Youth Authority may establish up to five secure regional youth facilities. A secure regional youth facility shall: Provide secure incarceration; Provide education and job and life skills training including, but not limited to, anger management and self-control; and Include a drug and alcohol treatment component that meets the standards promulg…

420A.145 Regional youth accountability camps

The Oregon Youth Authority may establish up to eight regional youth accountability camps. A regional youth accountability camp shall: Be based on a military basic training model that includes discipline, physical work, physical exercise and military drill; Provide for cognitive restructuring in conformance with generally accepted rehabilitative standards;…

420A.147 Placement in regional youth accountability camps

The Director of the Oregon Youth Authority is solely responsible for determining which persons committed to, or placed in the custody of, the youth authority are eligible to participate in, and are accepted for, a regional youth accountability camp. The juvenile court may recommend to the Oregon Youth Authority that an adjudicated youth be placed in a region…

420A.155 Regional residential academies

The Oregon Youth Authority may establish up to four regional residential academies. A regional residential academy shall: Provide a secure, closed residential campus; Provide year-round education, job and life skills training, vocational training and apprenticeship programs; and Include a drug and alcohol treatment component that meets the standards prom…

420A.200 Duration of custody of Oregon Youth Authority

A person may not continue in the legal or physical custody of the Oregon Youth Authority after the person attains 25 years of age. Except as otherwise provided in ORS 137.124 and 420.011, when a person in the physical custody of the Oregon Youth Authority under ORS 137.124 attains 24 years and 11 months of age and if the person will not complete the term of…

420A.203 Eligibility for second look; report to sentencing court; hearing; disposition

This section and ORS 420A.206 apply only to a person who: Was under 18 years of age at the time of the commission of the offense for which the person was sentenced to a term of imprisonment, who committed the offense on or after June 30, 1995, and who was: Sentenced to a term of imprisonment of at least 24 months following waiver under ORS 419C.349 (1)(b),…

420A.206 Conditional release; release plan; conditions; effect of violation of release plan; revocation

If, after the hearing required by ORS 420A.203, the court determines that conditional release is the appropriate disposition, the court shall direct the Department of Corrections to prepare a proposed release plan. The Department of Corrections shall submit the release plan to the court no later than 45 days after receipt of the court’s direction to prepare …

420A.220 Damage to property of employee of Oregon Youth Authority; claims; payment

The Oregon Youth Authority may audit, allow and pay a claim for damage to property made by an employee from funds appropriated to the youth authority if: The damage to property arises out of the employee’s employment at one of the institutions or facilities operated by the youth authority; and The employee files a written claim with the employee’s employer…

420A.223 Juvenile Justice Information System; establishment; disclosures; rules

The Juvenile Justice Information System, an electronic information system developed and maintained by the state through the Oregon Youth Authority, is established. The youth authority, in partnership with county juvenile departments, shall administer the Juvenile Justice Information System through a steering committee established by rule. The youth authority…

420A.250 Peer support; confidentiality of peer support communications

For the purposes of this section: “Participant” means an employee of the Oregon Youth Authority or a county juvenile department who engages in a peer support check-in session or who communicates with a peer support team member about engaging in a peer support check-in session. “Peer support check-in session” means a meeting between a participant and a peer…

420A.300 Policy

The Legislative Assembly finds and declares that: Restorative justice programs, including facilitated dialogues and responsibility letter banks, can promote justice and healing for crime victims and survivors and can aid persons temporarily assigned to a youth correction facility under ORS 137.124 or 420.011 and adjudicated youths in the process of rehabili…

420A.305 Facilitated dialogue and responsibility letter bank program communications

As used in ORS 420A.300 to 420A.315, “facilitated dialogue and responsibility letter bank program communications” means all communications by a victim, survivor, person temporarily assigned to a youth correction facility under ORS 137.124 or 420.011 or adjudicated youth, or by a program facilitator, advisory committee member, volunteer, contractor or staff p…

420A.310 Confidentiality of communications

Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members, volunteers, contractors and staff persons may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any facilitated dialogue or responsibility letter bank program communication, except as required under …

420A.315 Rules

The Oregon Youth Authority shall adopt rules to carry out the provisions of ORS 420A.300 to 420A.315. _______________