Oregon Revised Statutes
As used in ORS 423.010 to 423.070, unless the context requires otherwise: “Department” means the Department of Corrections. “Department of Corrections institutions” has the meaning given that term in ORS 421.005. “Director” means the Director of the Department of Corrections.
The Department of Corrections is created. The department shall: Supervise the management and administration of the Department of Corrections institutions, parole and probation services, community corrections and other functions related to state programs for corrections; Carry out legally mandated sanctions for the punishment of persons committed to its jur…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The enumeration of duties, functions and powers in ORS 423.020 is not exclusive nor intended as a limitation on the powers and authority vested in the Department of Corrections by other provisions of law.
ORS 411.171 (1) applies to the Department of Corrections. Note: 423.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
No operative statutory text appears at this designation in the selected edition.
The presence of a handgun or ammunition on property owned or occupied by the Department of Corrections pursuant to ORS 166.375 does not, by itself, constitute a failure by the department, State Board of Parole and Post-Prison Supervision or Oregon Corrections Enterprises to provide a safe workplace. The department, board and Oregon Corrections Enterprises a…
No operative statutory text appears at this designation in the selected edition.
The Department of Corrections institutions shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all persons confined in a Department of Corrections institution for use in connection with vaginal discharge. The Department of Corrections shall maintain a sufficient supply, which shall be stored, dispensed and disposed of …
No operative statutory text appears at this designation in the selected edition.
All funds received by this state or by the Department of Corrections under a lawful contract with another party to the Western Interstate Corrections Compact made in compliance with Article III thereof, shall be paid into the State Treasury. The Director of the Department of Corrections shall expend these funds in compliance with the contract.
The Department of Corrections shall be under the supervision and control of a director who is responsible for providing for programs for the delivery to the public of the services assigned to the department, and for undertaking long-range planning necessary for the effective and efficient delivery of these services. The Governor shall appoint the director f…
The Director of the Department of Corrections may grant to an individual corrections officer or classification of corrections officer all the powers and authority of a peace officer over adults in custody. A corrections officer granted the authority of a peace officer under subsection (1) of this section shall have the authority to: Prevent an escape from …
The Department of Corrections may certify employees of the department to provide mental health services to adults in custody in Department of Corrections institutions in accordance with standards established by the department by rule. As used in this section, “Department of Corrections institutions” has the meaning given that term in ORS 421.005.
The Department of Corrections shall establish by rule an internal procedure for administrative review of decisions to revoke or restrict an approved visitor’s visiting status within a department facility. The department shall include in the internal procedure established under this section an opportunity for the person to obtain final administrative review o…
No operative statutory text appears at this designation in the selected edition.
The Director of the Department of Corrections shall appoint an unclassified employee to the position of Administrator of Correctional Education. The Administrator of Correctional Education shall be employed full-time with authority over, and responsibility for, statewide corrections education programs. The administrator shall: Plan, design and implement th…
The Department of Corrections may establish or designate facilities to be used for diagnostic purposes for such categories of persons as the department may by rule assign to the facility. Such assignments shall not exceed 60 days in duration.
Neither the Department of Corrections nor any city or county may seek reimbursement for expenses incurred in safekeeping and maintaining prisoners through a counterclaim or request for setoff in an action by a person against the department or the county or city.
The Department of Corrections Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments, proceeds from the issuance of certificates of participation and other moneys received by the Department of Corrections shall be paid into the State Treasury and credited to the account. All …
On written request of the Department of Corrections, the Oregon Department of Administrative Services shall establish a revolving fund of not to exceed $15,000, including unreimbursed advances, by drawing warrants on amounts appropriated to the Department of Corrections for operating expenses. The revolving fund shall be deposited with the State Treasurer, t…
As used in this section: “Adult in custody” means a person who is at least 18 years of age and in the physical custody of the Department of Corrections. “Adult in custody” does not include: A person on leave from prison due to participation in an alternative incarceration program established under ORS 421.504 or 421.506 or short-term transitional leave und…
The Department of Corrections may apply for and accept federal grants or moneys, as well as grants or other financial assistance from any other source, for the purpose of providing reentry support and services to offenders released on supervision. There is established in the Department of Corrections Account established under ORS 423.097 a subaccount consis…
The Department of Corrections may enter into agreements or arrangements with counties for the purpose of providing counties with supplemental funding for the provision of reentry support and services to offenders who, before attaining 25 years of age, are released: On any form of transitional leave, work release or program of conditional or supervised relea…
The Department of Corrections shall: Provide appropriate treatment services to persons with substance use disorder who are in the custody of the department and who have moderate to severe treatment needs; and Determine which persons are eligible for treatment under this subsection using an actuarial risk assessment tool. Nothing in this section: Creates …
The Department of Corrections shall, in cooperation with an existing public body, develop: Guidelines using the bill of rights described in subsection (2) of this section as a set of guiding principles for policy and procedure decisions that impact incarcerated individuals with children; and Policy and funding recommendations with partners that adhere to t…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The office of Corrections Ombudsman is established in the office of the Governor. The Governor shall appoint the Corrections Ombudsman.
The Corrections Ombudsman shall be a person of recognized judgment, objectivity and integrity who is qualified by training and experience to analyze problems of law enforcement, corrections administration and public policy. No person while serving as Corrections Ombudsman shall: Be actively involved in political party activities; Be a candidate for or hol…
The Corrections Ombudsman shall serve at the pleasure of the Governor for a term of four years. The Corrections Ombudsman may be reappointed for additional terms.
The Corrections Ombudsman may appoint a Deputy Ombudsman and any other subordinate officers and employees necessary to the performance of the duties of the ombudsman and shall prescribe their duties and fix their compensation.
The Corrections Ombudsman shall have the power: To investigate, on complaint or on the ombudsman’s own motion, any action by the Department of Corrections or any employee thereof without regard to its finality; To adopt rules required for the discharge of the duties of office, including procedures for receiving and processing complaints, conducting investi…
The Corrections Ombudsman shall investigate, on complaint or on the ombudsman’s own motion, any corrections action that is or is alleged to be: Contrary to or inconsistent with law or Department of Corrections practice; Based on mistaken facts or irrelevant considerations; Inadequately explained when reasons should have been revealed; Inefficiently perfo…
The Corrections Ombudsman shall: Give priority to investigating administrative actions that are not otherwise reviewable by either administrative or judicial action; Treat confidentially all matters and the identities of the complainants or witnesses coming before the ombudsman; and Not levy any fees for the submission or investigation of complaints.
After investigation of any action, the Corrections Ombudsman shall state the recommendations and reasons if, in the ombudsman’s opinion, the Department of Corrections or any employee thereof should: Consider the matter further; Modify or cancel any action; Alter a rule, practice or ruling; Explain more fully the administrative action in question; Rectif…
A letter to the Corrections Ombudsman from a person held in custody, including by detention, incarceration and hospitalization, by the Department of Corrections shall be forwarded immediately, unopened, to the Corrections Ombudsman. A letter from the Corrections Ombudsman to such person shall be immediately delivered, unopened, to the person. No person who …
Any person required to testify under ORS 423.400 to 423.450 shall be accorded the same privileges and immunities, receive the same fees and mileage and be subject to the same penalties provided in ORS 183.440. The fees and mileage shall be paid by warrant upon the State Treasurer upon the certificate of the Corrections Ombudsman. No tender of witness fees o…
If any person willfully obstructs or hinders the proper and lawful exercise of the Corrections Ombudsman’s powers, or willfully misleads or attempts to mislead the Corrections Ombudsman in inquiries under ORS 423.400 to 423.450, the judge of the Circuit Court for Marion County, on application of the ombudsman, shall compel obedience by proceedings for contem…
The Legislative Assembly finds and declares that: Passage by the voters of chapter 2, Oregon Laws 1995, has created mandatory minimum penalties for certain violent offenses, and the probable effect thereof will be a significant increase in the demands placed on state secure facilities. These demands are a shared responsibility of the State of Oregon and it…
The Department of Corrections shall: Operate prisons for offenders sentenced to terms of incarceration for more than 12 months; Provide central information and data services sufficient to: Allow tracking of offenders; and Permit analysis of correlations between sanctions, supervision, services and programs, and future criminal conduct; and Provide inter…
The Department of Corrections, in consultation with county community corrections agencies, community members, including persons currently or formerly under supervision, and organizations that provide culturally specific services, shall adopt rules for standards concerning the location of supervision visits, the frequency of visits and the manner of reporting…
The baseline funding for biennia beginning after June 30, 1999, is the current service level for the expenses of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2). At a minimum, each biennium’s appropriation must be established at this baseline. The baseline funding described in paragraph (a) of thi…
Beginning in 2012, and every six years thereafter, the Department of Corrections shall conduct a study to determine the actual costs incurred by each county of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2). The department may adopt rules to carry out the provisions of this section.
The Legislative Assembly finds and declares that: In November of 2010, the voters enacted ORS 813.011, which directed the state to fully reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, including the costs of pretrial incarceration. Different counties incur different costs of incarceration and many counties incur diffe…
During the intake process, each county shall conduct a national criminal history check on every person incarcerated in the county correctional facility. The county shall develop policies and procedures to ensure that the results of the national criminal history check are received before an adult in custody is released. The state shall reimburse each county…
As used in ORS 423.500 to 423.560, unless the context requires otherwise: “Director” means the Director of the Department of Corrections. “Department” means the Department of Corrections. “Plan” means the biennial community corrections plan required by ORS 423.535.
Because counties are in the best position for the management, oversight and administration of local criminal justice matters and for determining local resource priorities, it is declared to be the legislative policy of this state to establish an ongoing partnership between the state and counties and to finance with appropriations from the General Fund statew…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of Corrections shall make grants to assist counties in the implementation and operation of community corrections programs including, but not limited to, preventive or diversionary correctional programs, probation, parole, work release and local correctional facilities and programs for offenders. The department shall require recipients of the g…
No operative statutory text appears at this designation in the selected edition.
A county, group of counties or intergovernmental corrections entity shall apply to the Director of the Department of Corrections in a manner and form prescribed by the director for funding made available under ORS 423.500 to 423.560. The application shall include a community corrections plan. The Department of Corrections shall provide consultation and techn…
Financial grants for community corrections pursuant to ORS 423.500 to 423.560 consist of the Grant-in-Aid Program. The Grant-in-Aid Program consists of moneys appropriated to the Department of Corrections for the purposes of management, support services and supervision of offenders described in ORS 423.478 (2). The department shall determine, prior to July 1…
Prior to receiving funds, the county shall have a biennial community corrections plan. The county and the Department of Corrections shall enter into an intergovernmental agreement referring to the plan. The county may contract with public or private agencies including, but not limited to, other counties, cities, special districts and public or private agen…
The Director of the Department of Corrections shall biennially review a county’s compliance with the intergovernmental agreement under ORS 423.500 to 423.560. A county must substantially comply with the provisions of its community corrections intergovernmental agreement and plan established pursuant to ORS 423.525 (7). If the director determines that there a…
No operative statutory text appears at this designation in the selected edition.
Notwithstanding ORS 236.605 to 236.640, all state positions in the state community corrections branch of the Department of Corrections, the funding for which is transferred to counties, are abolished on January 1, 1997. Counties have sole discretion in the development of methods and means of county community corrections operation under ORS 423.500 to 423.560…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of Corrections shall establish and operate, with the cooperation and participation of county community corrections agencies, a statewide evaluation and information system to monitor the effectiveness of correctional services provided to criminal offenders under ORS 423.500 to 423.560. To the extent of available information systems resources, t…
As used in this section, “recidivism” means the arrest, conviction or incarceration of a person who has previously been convicted of a crime, if the arrest, conviction or incarceration is for a new crime and occurs: Three years or less after the date the person was convicted of the previous crime; or Three years or less after the date the person was releas…
The board of county commissioners of a county shall convene a local public safety coordinating council. The council shall include, but need not be limited to: A police chief selected by the police chiefs in the county; The sheriff of the county or, if two or more counties have joined together to provide community corrections services, a sheriff selected by…
In addition to the duties assigned to it under ORS 423.560, the local public safety coordinating council convened by the board of commissioners shall, at a minimum: Develop and recommend to the county board of commissioners the plan for use of state resources to serve the local adjudicated youth population. Coordinate local juvenile justice policy among af…
The board or boards of county commissioners that have convened a local public safety coordinating council shall publish an annual summary of program, service or budget changes made in response to the recommendations of the local public safety coordinating council described in ORS 423.560 and 423.565. The summary described in subsection (1) of this section s…
No operative statutory text appears at this designation in the selected edition.
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 adults in custody in the process of rehabilitation; A facilitated dialogue or responsibility letter bank program is most successful when …
As used in ORS 423.600 to 423.610, “facilitated dialogue and responsibility letter bank program communications” means all communications by a victim, survivor or adult in custody, or by a program facilitator, advisory committee member or staff person, that are made in the course of or in connection with a facilitated dialogue or responsibility letter bank pr…
Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons shall 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 rules established pursu…
The Department of Corrections shall adopt rules to carry out the provisions of ORS 423.600 to 423.610. CHAPTERS 424 AND 425 [Reserved for expansion] _______________