Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Department” means the Department of Corrections. “Department of Corrections institutions” means those Department of Corrections facilities used for the incarceration of persons sentenced to the custody of the Department of Corrections, and includes the satellites, camps or branches of those f…
ADMINISTRATION
Revenues, less operating expenses, from the following sources shall be deposited into an account established by the Department of Corrections: Operation of correctional institution canteens; Operation of the vending machines in the visiting area of correctional institutions; Operation of telephones for adults in custody in correctional institutions; Fund…
After auditing a correctional facility for women and preparing a final audit report as prescribed by the Prison Rape Elimination Act of 2003, (P.L. 108-79, 117 Stat. 972, 34 U.S.C. 30301 to 30309) and related regulations, the Department of Corrections shall provide the final audit report to the committees or interim committees of the Legislative Assembly rel…
The Housing of Adults in Custody from Other Jurisdictions Account is created within the General Fund. Moneys credited to the account are continuously appropriated to the Department of Corrections for costs of incarceration. The Department of Corrections shall deposit all moneys received by the department as reimbursement under ORS 169.053 (3) into the accoun…
No later than September 1, 2023, the Department of Corrections shall ensure that adults in custody in the Coffee Creek Correctional Facility and the Snake River Correctional Institution have online access to: The adult basic skills development program described in ORS 421.084; The professional and technical program described in ORS 421.081; and Education …
The Department of Corrections may enter into a contract with an inmate telephone services provider in which the provider provides inmate telephone services or other inmate communications systems at the provider’s cost and reimburses the department: For the department’s internal and external costs to oversee and manage the inmate telephone services or commun…
The Department of Corrections and the Higher Education Coordinating Commission shall enter into a memorandum of understanding regarding the correctional education system. A memorandum of understanding entered into under this section shall contain, but is not limited to, provisions relating to: Sharing data between agencies; Providing clarity regarding the…
The Administrator of Correctional Education shall plan, design and implement a correctional education system that can be operated within the existing correctional institutions for adults in custody of those institutions. The primary objective of the correctional education system is the adult basic skills development program described in ORS 421.084. The se…
The Administrator of Correctional Education shall administer an adult basic skills development program for all individuals in the custody of the Department of Corrections. The program shall: Test individuals for basic reading and mathematics skills or, for individuals with limited English language proficiency, English speaking skills. Testing for basic inte…
As used in this section: “Medical experimentation or research” includes, but is not limited to, the testing and use of drugs and medication, medical and surgical procedures, exposure to substances or conditions or physical manipulation to ascertain their nontherapeutic effect on human beings, and any substance, condition, drug, medication, treatment, or pro…
CUSTODY GENERALLY
The superintendent may enforce obedience to the rules for the government of the adults in custody in the institution under the supervision of the superintendent by appropriate punishment but neither the superintendent nor any other prison official or employee may strike or inflict physical violence except in self-defense, or inflict any cruel or unusual puni…
As used in this section: “Adjudicated youth” has the meaning given that term in ORS 419A.004. “Correctional facility”: Means any place used for the confinement of adjudicated youths, detained juveniles, persons charged with or convicted of a crime or persons otherwise confined under a court order. Includes but is not limited to a youth correction facilit…
Each year, in accordance with medically accepted standards for timing and administration of immunization against the influenza virus: The Department of Corrections shall offer each inmate in the physical custody of the department immunization against the influenza virus at no charge to the inmate. The department shall schedule, for each inmate who does not…
As used in this section, “prison employment” includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp. Each adult in custody confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any …
Except as provided in ORS 137.635, 137.700, 137.707, 163.105, 163.107 and 163.115, each adult in custody sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for: Appropriate institutional behavior, as defined by rule of the Department of Corre…
For purposes of ORS 421.120, the time that a person is enrolled in good standing in the work release program is considered to be part of the sentence of the person actually served in the Department of Corrections institution. Employment performed by an enrollee while so enrolled is considered to be prison employment and shall qualify for the reduction in sen…
Upon the discharge or parole of an adult in custody from the Department of Corrections, the department shall: Ensure that the discharged or paroled adult in custody is properly clothed; and Provide the discharged or paroled adult in custody with the following documents: Verification of work history while in the custody of the department. Certification of…
The Department of Corrections may charge and collect fees for serving process and other documents on adults in custody of Department of Corrections institutions as defined in ORS 421.005 and officials and employees of the department. Before charging fees pursuant to subsection (1) of this section, the department shall adopt rules establishing a fee schedule…
The requirements imposed by this chapter on the labeling and sale of goods, wares and merchandise made by adults in custody in any Department of Corrections institution do not apply to any goods, wares or merchandise made as part of any hobby or recreation program at the institutions or made by an adult in custody on the adult’s own time. The balance of any…
The Department of Corrections may establish a program to allow the manufacture of small articles of handiwork by the adults in custody in Department of Corrections institutions, out of raw materials purchased by the adults in custody with their own funds, which articles may be sold to the public. State-owned property may not be sold or given to adults in cus…
Moneys obtained from the sale of the products of any labor of an adult in custody may not be applied toward the maintenance of the adult in custody or the support of the dependents of the adult in custody, or shall become a part of the betterment fund of the Department of Corrections institution, until all the cost of operation, maintenance, depreciation and…
Notwithstanding ORS 98.302 to 98.436, the Department of Corrections shall determine and direct the disposition of the unclaimed or abandoned tangible property of an adult in custody in a Department of Corrections institution held by the department. The department shall adopt rules to carry out the duties imposed by this section.
Whenever the proper authorities of the United States desire that United States prisoners be imprisoned in a Department of Corrections institution, the Department of Corrections may make arrangements for the custody of the prisoners upon terms that will be just to both this state and the United States.
Any person sentenced under ORS 161.725 and 161.735, shall be given such physical, mental and psychiatric observation and treatment as is available and may tend to rehabilitate such person and make possible the earliest possible release from the Department of Corrections institution in which such person is confined, with the least possible danger to the healt…
The executive officer of the Department of Corrections institution in which a person sentenced under ORS 161.725 and 161.735 is confined, shall make the reports required by ORS 144.228 (2). All such reports shall be made available to the Director of the Department of Corrections.
The Director of the Department of Corrections shall establish by rule an emergency leave program. An adult in custody may be granted emergency leave not to exceed 10 days in length for the following purposes: To visit a terminally ill member of the adult’s family if the member lives within the state. To visit a gravely ill or injured child of the adult in …
The Department of Corrections shall establish a short-term transitional leave program. The program shall provide adults in custody with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the adult’s discharge to post-prison supervision. The Department of Corrections shall identif…
The superintendent of the Department of Corrections institution in which an adult in custody is confined may recommend to the Director of the Department of Corrections that an adult in custody in the Department of Corrections institution be enrolled in the work release program established under ORS 144.420. If the adult in custody has not served at least one…
The Department of Corrections shall establish a doula program for pregnant and postpartum adults in custody at the Coffee Creek Correctional Facility. The doula program must provide doula services to adults in custody who are pregnant or who have given birth in the last year. Persons providing doula services must be granted appropriate facility access, must…
An adult in custody may not be restrained mechanically during labor, childbirth or postpartum recovery in a hospital unless: The mechanical restraints are reasonably necessary, as determined by a supervising officer, for the safety and security of the adult in custody, correctional staff, other persons or the public; and The attending physician determines …
After giving birth to a child at a hospital, an adult in custody must be subject to medically appropriate procedures constituting the least restrictive means to ensure safe transport to and arrival at a Department of Corrections facility. Note: See note under 421.173. DISCIPLINE OF ADULTS IN CUSTODY
The Department of Corrections by rule shall adopt procedures to be utilized in disciplining persons committed to the physical and legal custody of the department.
The procedures adopted pursuant to ORS 421.180 shall provide that an adult in custody shall be entitled to assistance and representation under terms and conditions established by the Department of Corrections. Nothing in this section shall be construed to limit the authority of the department to designate persons eligible to assist and represent the adult in…
Evidence may be received at disciplinary hearings even though inadmissible under rules of evidence applicable to court procedure and the department shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to afford the adult in custody a reasonable opport…
Disciplinary orders of the Department of Corrections issued under procedures adopted pursuant to ORS 421.180 are not subject to judicial review by any court of this state. This section does not affect any right that an adult in custody may have to prosecute a writ of habeas corpus.
The Department of Corrections shall establish, maintain and publish on the department’s website a publicly accessible data dashboard detailing the following information: The race, age and misconduct status of each adult in custody placed in a disciplinary segregation unit. The duration for which each adult in custody placed in a disciplinary segregation un…
The Department of Corrections may enter into contracts or arrangements with the authorities of the federal government, of any state having a reformatory or prison for the confinement and detention of adults in custody that is not a party to the Interstate Corrections Compact under ORS 421.245 or the Western Interstate Corrections Compact under ORS 421.284, o…
After entering into a contract under ORS 421.205, the Department of Corrections may convey persons convicted of a felony in the courts of this state and sentenced to the legal and physical custody of the department to the jurisdiction named in the contract. They shall be delivered to the authorities of the contracting jurisdiction and, unless they are eligib…
Whenever an adult in custody serving a sentence imposed by a court of this state is transferred from a Department of Corrections institution under this chapter, the superintendent of the Department of Corrections institution in which the adult in custody was confined shall retain a record of the transfer and shall make such information available to law enfor…
If the presence of any adult in custody confined in a county jail or in the institution of another state or the federal government, is required in any judicial proceeding of this state, the superintendent in charge of the institution from which the adult in custody was conveyed, upon being so directed by the Director of the Department of Corrections or upon …
Upon the expiration of any contract entered into under ORS 421.205, all adults in custody of this state confined in such institution or jail shall be returned by the Department of Corrections to department custody, or delivered to such other institution as the Department of Corrections has contracted with under ORS 421.205.
The superintendents shall be allowed and paid all their necessary expenses and disbursements incurred while performing any duty required of them by ORS 421.205, 421.210, 421.215 and 421.220.
When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted criminal offender who is a citizen or national of a foreign country to the foreign country of which the offender is a citizen or national, the Governor is authorized to act, in accordance with the treaty, on behalf of the State of Oregon and t…
INTERSTATE CORRECTIONS COMPACT
The Interstate Corrections Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: ______________________________________________________________________________ ARTICLE I PURPOSE AND POLICY The party states, desiring by common action to fully utilize and improv…
The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. Note: See note under 421.245.
Whenever any state that is a party to the Western Interstate Corrections Compact becomes a party to the Interstate Corrections Compact, this state will perform its duty toward that state under the Interstate Corrections Compact instead of under the Western Interstate Corrections Compact in so far as the two compacts conflict. Note: See note under 421.245.
WESTERN INTERSTATE CORRECTIONS COMPACT
As used in ORS 421.282 to 421.294, unless the context requires otherwise: “Compact” means the Western Interstate Corrections Compact as set forth in ORS 421.284. “Inmate,” “institution” and “state” have the meanings defined in Article II of the compact.
The Western Interstate Corrections Compact hereby is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I PURPOSE AND POLICY The party states, desiring by common action to improve …
Any court, agency or officer of this state having power to commit or transfer an inmate to an institution for confinement may commit or transfer the inmate to any institution in another state if this state has entered into a contract for the confinement of inmates in an institution of the other state pursuant to Article III of the compact.
All courts, agencies and officers of this state or any political subdivision therein shall enforce the compact and carry out its provisions including, but not limited to, making and submitting such reports as the compact requires.
The Director of the Department of Corrections shall hold such hearings as are requested by another state pursuant to Article IV (f) of the compact. ORS chapter 183 does not apply to these hearings, which shall be conducted in compliance with Article IV (f) of the compact. The cost of any hearing conducted under subsection (1) of this section shall be paid o…
The State Board of Parole and Post-Prison Supervision may hold hearings in another state in connection with the case of an inmate confined in an institution of another state that is a party to the compact, or may request a hearing to be held by officers of the other state under Article IV (f) of the compact. The cost of any hearing conducted under subsectio…
The Department of Corrections may enter into any contracts on behalf of this state, not prohibited by any law of this state, as it considers appropriate to implement the participation of this state in the compact pursuant to Article III thereof. However, the department shall not enter into any contract: Relating to commitments or transfers of children who a…
The Interstate Forest Fire Suppression Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I Purpose The purpose of this compact is to provide for the development and exe…
The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections.
The State Forester shall make reasonable efforts to use local available crews within Oregon before calling on fire suppression units from other states. INSTITUTIONAL INDUSTRIES AND COMMODITIES
Subject to the authority of the Director of the Department of Corrections over care, custody and control of adults in custody and of corrections institutions, in carrying out the powers and duties generally described by ORS 421.354, Oregon Corrections Enterprises may: Install and equip plants in any of the Department of Corrections institutions, or any othe…
The Department of Corrections or Oregon Corrections Enterprises may enter into contracts or agreements with any agency of the federal government providing for the sale to such agency of goods, wares or merchandise manufactured, mined or produced in any of the Department of Corrections institutions of this state or by Oregon Corrections Enterprises, or provid…
OREGON CORRECTIONS ENTERPRISES
There is established Oregon Corrections Enterprises, a semi-independent agency. The Director of the Department of Corrections shall assign or appoint an administrator who shall serve at the pleasure of the director. The administrator shall have authority to do all things necessary and convenient to carry out ORS 192.355, 421.305, 421.312, 421.344 to 421.367,…
The administrator of Oregon Corrections Enterprises shall establish, by the issuance of a policy directive or order, an advisory council consisting of not fewer than three members to provide policy input concerning Oregon Corrections Enterprises operations and its discharge of the functions and duties prescribed by section 41, Article I of the Oregon Constit…
In addition to the advisory council required by ORS 421.347, the administrator may establish, by the issuance of a policy directive or order, one or more advisory committees, bodies or advisors to advise and assist Oregon Corrections Enterprises in discharging its functions and duties as prescribed by section 41, Article I of the Oregon Constitution, and ORS…
The provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292 and 293 and ORS 35.550 to 35.575, 183.710 to 183.730, 183.745, 183.750, 184.345, 190.430, 190.490, 200.035, 236.605 to 236.640, 243.303, 243.305, 243.315, 243.696, 243.853 to 243.855, 279.835 to 279.855, 282.010 to 282.150, 283.085 to 283.092 and 656.017 (2) do not a…
Oregon Corrections Enterprises may engage eligible adults in custody in state corrections institutions in work or on-the-job training. This authority is subject to the authority granted the Director of the Department of Corrections by section 41, Article I of the Oregon Constitution, and to any rules or orders issued by the director regarding care, custody a…
A state agency shall not charge Oregon Corrections Enterprises for services or products provided by the agency in an amount that exceeds the amount the agency charges other state agencies for the same services or products. Oregon Corrections Enterprises shall pay the cost of audits of Oregon Corrections Enterprises performed pursuant to the Secretary of Sta…
All income and revenues generated or received by Oregon Corrections Enterprises shall remain within, and are continuously appropriated to, Oregon Corrections Enterprises for the purposes of discharging the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.4…
All persons employed by the Department of Corrections in inmate work programs on December 2, 1999, shall be offered continuation of their employment with Oregon Corrections Enterprises. Those employees who continue employment with Oregon Corrections Enterprises shall retain their Public Employees Retirement System status granted prior to December 2, 1999. Th…
Notwithstanding any other provision of law, the Attorney General, at the request of Oregon Corrections Enterprises, shall identify one or more assistant attorneys general to provide legal services related to the adult in custody work programs of Oregon Corrections Enterprises. At least one assistant attorney general shall have an office located at the main o…
Oregon Corrections Enterprises shall report annually to the Governor and the Legislative Assembly regarding Oregon Corrections Enterprises activities and operations for the preceding year. Notwithstanding ORS 421.352, Oregon Corrections Enterprises shall provide to the Oregon Department of Administrative Services such financial information as the Oregon Dep…
LABOR OF ADULTS IN CUSTODY GENERALLY
Except as provided in subsection (2) of this section, no officer or employee of this state shall receive the use or profit of the labor or services of any adult in custody of a Department of Corrections institution, or be directly or indirectly interested in any contract or work upon which adults in custody are employed. However, this subsection does not pro…
Notwithstanding any other provision of law, the Department of Corrections or Oregon Corrections Enterprises may enter into a contract with a person for the purchase or donation of fruit, vegetables or other crops for use or consumption in state institutions. The contract may provide that any or all labor required inside or outside of the Department of Correc…
The Department of Corrections may enter into a contract with any person whom it considers advisable in connection with a Department of Corrections institution for employment of adults in custody therein in clearing unimproved land in the state.
Notwithstanding any other law, an adult in the custody of the Department of Corrections may not perform electrical or plumbing work unless under the direct supervision of a licensed electrician or plumber who is a regular status employee of the department or of Oregon Corrections Enterprises. An adult in custody may perform electrical or plumbing work only a…
PRISON WORK PROGRAMS
Adults in custody who participate in programs operated by the Department of Corrections or Oregon Corrections Enterprises shall be permitted to retain a portion of compensation earned, if any, for their personal use as determined and established by the Director of the Department of Corrections by rule. The director shall ensure that the rules adopted under t…
The Department of Corrections may enter into contracts for the purchase or other acquisition, transfer or disposition of supplies, materials, equipment, products and other personal property, and services for the following prison operations and programs: Prison work and on-the-job training programs; Forest and work camps established under ORS chapter 421; …
The Department of Corrections may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, including accounts and subaccounts for the deposit of income generated from prison work programs. Accounts and subaccounts created under this subsection shall be maintai…
The Department of Corrections and Oregon Corrections Enterprises each may acquire or develop intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, trademarks, inventions, discoveries, processes and ideas. The department and Oregon Corrections Enterprises each may manage, license, market, develop or dis…
Notwithstanding any other law, adults in custody participating in a program operated by the Department of Corrections or Oregon Corrections Enterprises may be supervised by an employee or agent of a local, state or federal governmental agency pursuant to an agreement between the agency and the department or the agency and Oregon Corrections Enterprises. An a…
As used in ORS 421.455 to 421.480, unless the context requires otherwise: “Local adult in custody” means a person sentenced by a court or legal authority to serve sentence in a county or city jail, but does not include a child detained by order of the juvenile court. “State adult in custody” means an adult in custody of a Department of Corrections institut…
The Director of the Department of Corrections shall establish at places in state forests recommended by the State Board of Forestry one or more forest work camps at which state adults in custody and local adults in custody may be employed. Only such state adults in custody as are determined by the Department of Corrections to require minimum security may be …
Upon the requisition of the State Forester, the superintendent shall send at the time and to the place designated as many state adults in custody requisitioned from the institution under the supervision of the superintendent as have been determined under rules adopted by the Director of the Department of Corrections to be eligible for employment at a forest …
Subject to ORS 421.468, the governing body of a county or city in this state may transfer a local adult in custody to the temporary custody of the Department of Corrections solely for employment at a forest work camp established under ORS 421.455 to 421.480. The county or city transferring the local adult in custody shall pay the cost of transportation and o…
A local adult in custody may not be transferred under ORS 421.467 without the prior approval of the Director of the Department of Corrections. The director shall return each local adult in custody to the county or city from which the local adult in custody was transferred at such time as the local adult in custody is to be released by the county or city, or …
The Director of the Department of Corrections has authority over the forest work camps except as provided in subsection (2) of this section. The State Forester shall assign and supervise the work of the state adults in custody and local adults in custody, which work shall be: Manual labor, as far as possible, of the type contemplated by ORS 530.210 to 530.…
The Director of the Department of Corrections shall determine and establish compensation, if any, to be paid to adults in custody assigned to work in forest work camps. The director shall adopt rules providing for the disposition of any compensation earned under this section.
When the need for the labor of a state adult in custody or local adult in custody transferred to a forest work camp has ceased or when the adult in custody is guilty of any violation of the rules of the Director of the Department of Corrections, the director may return the adult in custody to the institution, county or city from which the adult in custody wa…
In addition to camps established under ORS 421.455 to 421.480 the Department of Corrections may execute agreements for the establishment and operation of work camps for adults in custody in minimum custody of Department of Corrections institutions in cooperation with all public agencies. ALTERNATIVE INCARCERATION PROGRAM
The Legislative Assembly finds that: Substance use disorders negatively impact adults in custody at a significantly greater frequency than nonincarcerated individuals in the community. Substance use disorders should be considered chronic illnesses for which effective treatment is available. Diverting sentenced offenders from a traditional correctional set…
As used in ORS 421.502 to 421.512: “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. “Department” means the Department of Corrections. “Program” means the structured special alternative incarceration …
The Department of Corrections, in consultation with the Oregon Criminal Justice Commission, shall establish a structured special alternative incarceration program. The program: Shall reflect evidence-based practices; Shall provide for cognitive restructuring in conformance with generally accepted rehabilitative standards; May include a drug and alcohol tr…
The Department of Corrections shall establish an intensive alternative incarceration addiction program. The program shall: Address addiction as a chronic disease, recognizing that participants have individualized needs and different recovery progressions; Require compliance with program rules; Include a range of professional treatment services, recovery a…
The Department of Corrections may not suspend or terminate an alternative incarceration program in its entirety for more than five consecutive days unless the department has considered all other alternative actions, including modification of the program or the delivery of the program by correspondence or other remote means, and determined that continuing to …
The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, a program. However, the department may not release an offender under subsection (4) of this section unless authorized to do so as provided in ORS 137.751. The department may not accept an offender into a program …
The Department of Corrections shall establish a process for providing regular updates and explanations, in writing, to adults in custody participating in an alternative incarceration program about changes to or decisions concerning the program, and any effect on release dates. The department shall establish a process to ensure that alternative incarceration…
The Department of Corrections may consider an offender for nonprison leave under this section if the court has entered the order described in ORS 137.751. Nonprison leave shall provide offenders with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the offenders’ discharge to p…
The Department of Corrections shall adopt rules to carry out the provisions of ORS 421.504, 421.506, 421.507, 421.508 and 421.509. The Oregon Criminal Justice Commission shall adopt or amend rules as necessary to integrate the programs into sentencing guidelines. Note: See note under 421.500. FAMILY SENTENCING ALTERNATIVE PROGRAM
The Department of Corrections, in partnership with the circuit court and community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Program. A defendant is eligible for the Family Sentencing Alternative Program if: The defendant’s presumptive sentence under the sentencing…
For the purposes of this section: “Medical treatment program” means a treatment program based on a successful medical model that has been proven to reduce recidivism and that is within the range of treatments generally recognized as acceptable within the medical community, including: Treatment by prescribed medication when recommended by a qualified psychi…
The Oregon State Penitentiary, located in Salem, Marion County, shall be used as a Department of Corrections institution for the imprisonment of male persons committed to the custody of the Department of Corrections.
The Department of Corrections may not seek authorization for construction or expansion of new correctional facilities or expansion of existing correctional facilities in this state unless the department: Has evaluated the availability and cost of using correctional facilities outside this state; and Has determined that constructing new correctional facilit…
CORRECTIONS FACILITIES SITING (Generally)
The Legislative Assembly finds that: There is a serious and urgent need to construct and operate additional correctional facilities in this state to accommodate current and projected prison populations. Immediate corrections facility planning and siting requires an expedited process. Existing corrections facility siting procedures are inadequate to meet th…
As used in ORS 421.611 to 421.630, unless the context otherwise requires: “Authority” means the Corrections Facilities Siting Authority as established in ORS 421.621. “Department” means the Department of Corrections. Note: See note under 421.611.
The Department of Corrections shall determine locations for corrections facilities pursuant to the provisions of ORS 421.611 to 421.630. The department shall establish, by rule, mandatory and desirable criteria to be used in the nominations made under ORS 421.616. Note: See note under 421.611.
When directed by executive order of the Governor to initiate the corrections facility siting process established in ORS 421.611 to 421.630, the Department of Corrections shall: Nominate sites for the construction and operation of additional corrections facilities in this state, based on the criteria adopted by the department pursuant to ORS 421.614, and the…
Prior to nominating sites pursuant to ORS 421.616, the Department of Corrections shall hold a meeting or multiple meetings with the elected local government officials involved to discuss the site selections, the on-site and off-site improvements needed at each site and the site preferences of the local governments. Note: See note under 421.611.
There is established a Corrections Facilities Siting Authority. Subject to the approval of the Governor, the authority shall make corrections facility site selection decisions as set forth in ORS 421.623. The authority shall consist of five persons, to be appointed by the Governor and to serve at the Governor’s pleasure. The Governor shall appoint one of the…
Within 30 days after nomination of sites as set forth in ORS 421.616, the Corrections Facilities Siting Authority shall hold a hearing within the region where each nominated site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the sites nominated and conditions proposed therefor.…
As soon as practicable after making the siting decisions, the Corrections Facilities Siting Authority shall notify the Governor and shall make available for the Governor’s review any documents or materials that the Governor may request. Within 15 days after receiving the notification required by subsection (1) of this section, the Governor shall approve or …
Notwithstanding ORS 169.690, 195.025, 197.180, 215.130 (4) and 227.286 or any other provision of law, including but not limited to statutes, ordinances, regulations and charter provisions, the decisions of the Corrections Facilities Siting Authority, if approved by the Governor, shall bind the state and all counties, cities and political subdivisions in this…
Notwithstanding ORS 183.400, 183.482, 183.484 and 197.825 or any other law, exclusive jurisdiction for review of any decision relating to the establishment of, addition to, remodeling of or siting of a corrections facility including the establishment of criteria under ORS 421.614, the nomination of sites under ORS 421.616 or any actions under ORS 421.623 or …
Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections may lease all or part of the real property and any improvements to the real property known as the Milliron Road Site south of Junction City, Lane County, to the Oregon Health Authority for a period of years agreed upon by the department and…
As used in ORS 421.635 to 421.657: “Adversely affected” has the meaning used in ORS 183.480. A person within sight or sound of the women’s correctional facility and intake center complex is presumed to be adversely affected by decisions or actions under ORS 421.635 to 421.657. “Complex” means a women’s correctional facility and intake center, administratio…
When directed by executive order of the Governor, the Department of Corrections shall: Propose a site for the construction and operation of a women’s correctional facility and intake center complex in this state. The department shall consider the following criteria: Interest demonstrated by local jurisdictions in having the site selected for a women’s corr…
Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, and notwithstanding ORS 421.637, 421.641 and 421.643, the real property known as the F. H. Dammasch State Hospital shall not be used as a Department of Corrections facility.
Within 21 days after a site is proposed under ORS 421.637, the Director of the Department of Corrections shall hold a hearing within the region where the proposed site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the proposed site. Not later than seven days before the hearing…
Within 30 days of the date of the executive order described in ORS 421.637, the Director of the Department of Corrections shall notify the Governor of the site proposed for the construction and operation of a women’s correctional facility and intake center complex. The director shall make available for the Governor’s review the final report required under OR…
Notwithstanding ORS 195.025, 197.175, 197.180, 215.130 (4), 227.286, 455.148 or 455.150 or any other provision of law, including but not limited to statutes, ordinances, regulations and charter provisions, the Director of the Department of Consumer and Business Services, through the Building Codes Division, shall exercise authority for the issuance of all pe…
Notwithstanding ORS 183.400, 183.482, 183.484 or 197.825 or any other law, review of any decision or action relating to the issuance or denial of a permit, license or certificate under ORS 421.645 (1) to (7) is as described in this section. A person or governmental entity adversely affected by a decision or action may institute a proceeding for review by fi…
The Department of Corrections shall obtain public services necessary for the construction and operation of a women’s correctional facility and intake center complex in the manner provided under ORS 421.628 (4) to (15). Regardless of the territorial limits of the public body providing public services to the complex, and notwithstanding any other law, upon re…
Within 60 days after August 20, 1999, the Director of the Department of Corrections shall form a Prison Advisory Committee. The committee shall meet to discuss, and make recommendations to the director about, potential construction and operational impacts of the women’s correctional facility and intake center complex. Impacts may include plans for buffering,…
Except as provided in ORS 421.647 and notwithstanding ORS 183.400, 183.482, 183.484 or 197.825 or any other law, exclusive jurisdiction for review of the constitutionality of ORS 421.635 to 421.651 and any decision relating to the siting of a women’s correctional facility and intake center complex under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649 and…
To the extent practicable, the appropriate court shall consolidate any proceedings for review under ORS 421.635 to 421.657. A circuit court, the Court of Appeals and the Supreme Court shall give proceedings for review under ORS 421.635 to 421.657, and all appeals therefrom, priority over all other matters before the court. Except for proceedings on a petit…
The condemnation of any real property required under ORS 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999, by the Department of Corrections, or on behalf of the department, shall be conducted according to the applicable provisions of ORS chapter 35. Amounts paid in just compensation for condemned real property shall be determined according…
Notwithstanding ORS 421.611 to 421.630 or 421.635 to 421.657 or any action taken under ORS 421.611 to 421.630 or 421.635 to 421.657, the Department of Corrections may sell, lease, transfer or otherwise dispose of all or part of real property or any improvements to real property that have been sited for the construction or operation of a correctional facility…
BRANCH INSTITUTIONS
The Department of Corrections may establish and operate institutions, other domiciliary facilities or branches of existing Department of Corrections institutions or domiciliary facilities. Siting of such institutions, branches or domiciliary facilities must be done in accordance with statutes governing the siting or locating of correctional institutions. The…
Violation of ORS 421.105 (2) is punishable in the same manner as if the individual injured unlawfully was not convicted or sentenced. CHAPTER 422 [Reserved for expansion] _______________