Oregon Law
Law as of Jan 1, 2024
Chapter contents
421.005Definitions 421.010[Renumbered 421.605] 421.012[Formerly 421.086; repealed by 1969 c.502 §27] 421.015[Amended by 1953 c.476 §5; repealed by 1965 c.616 §48 (421.016 enacted in lieu of 421.015)] 421.016[1965 c.616 §49 (enacted in lieu of 421.015); 1969 c.502 §1; 1971 c.212 §2; repealed by 1987 c.320 §246] 421.020[Amended by 1953 c.476 §5; repealed by 1965 c.616 §101] 421.025[Amended by 1953 c.476 §5; repealed by 1959 c.80 §2] 421.030[Renumbered 421.615] 421.035[Amended by 1955 c.660 §28; repealed by 1963 c.554 §3] 421.055[Amended by 1965 c.616 §50; 1987 c.320 §160; repealed by 1997 c.851 §17] 421.060[Amended by 1959 c.687 §7; repealed by 1995 c.384 §28] 421.065[Amended by 1959 c.687 §8; 1965 c.616 §51; 1975 c.631 §2; 1987 c.320 §161; 1993 c.18 §106; repealed by 1995 c.384 §28] 421.068Use of revenue from certain sources 421.069Report to legislature following audit of women’s correctional facility 421.070[Amended by 1959 c.687 §9; repealed by 1965 c.616 §101] 421.073Housing of Adults in Custody from Other Jurisdictions Account 421.074Online access to educational and development programs; rules 421.075[Amended by 1955 c.389 §1; 1959 c.687 §10; 1965 c.616 §52; 1969 c.597 §132; repealed by 1983 c.574 §5] 421.076Telephone service provider contracts 421.077[1975 c.443 §1; repealed by 1979 c.204 §1] 421.079Correctional education system interagency memorandum 421.080[1955 c.660 §1; renumbered 421.705] 421.081Correctional education system 421.082[1975 c.443 §2; 1987 c.320 §162; 1989 c.363 §1; repealed by 1991 c.855 §6] 421.083[1955 c.660 §2; renumbered 421.710] 421.084Adult basic skills development program; contents 421.085Experimentation on adults in custody prohibited; right to judicial restraint of violation; action for damages 421.086[1955 c.660 §11; renumbered 421.012] 421.095[1973 c.210 §2; 1987 c.320 §164; repealed by 1997 c.851 §17] 421.105Enforcement of rules; violence and injury to adults in custody prohibited 421.107Use of dog for cell extraction prohibited 421.110[Amended by 1955 c.532 §1; subsection (3) of 1959 Replacement Part enacted as 1955 c.485 §2; 1961 c.412 §2; renumbered 137.240] 421.112[1955 c.660 §10; 1961 c.412 §3; renumbered 137.250] 421.113Provision of immunization against influenza virus 421.115[Repealed by 1955 c.532 §3] 421.120Reduction in term of sentence; rules 421.121Reduction in term of incarceration; rules 421.122Status of time enrolled in work release 421.125Clothing, money and documents upon release; moneys for release; rules; fees 421.130[Repealed by 1959 c.687 §24] 421.132Department fees for service of process and other documents; rules 421.135[Renumbered 421.625] 421.137Labeling of goods made in hobby and recreation programs; disposition of sale price 421.140[Renumbered 421.408] 421.142Manufacture and sale of handiwork; disposition of sale price 421.145Disposition of moneys obtained from sale of products of labor of adult in custody 421.147Disposition of unclaimed or abandoned tangible property of adults in custody; rules 421.150Custody of federal prisoners 421.155Dangerous offenders to be observed and treated 421.160Written report concerning conduct of dangerous offenders 421.165[Formerly 421.239; 1963 c.269 §1; 1967 c.354 §2; 1969 c.502 §13; 1969 c.597 §134; 1980 c.9 §1; 1983 c.516 §1; 1987 c.320 §175; 1989 c.790 §57; 1989 c.1024 §1; repealed by 1989 c.790 §58] 421.166Emergency leave; rules 421.168Transitional leave; rules 421.170Enrollment of adult in custody in work release program 421.173Doula program for pregnant and postpartum adults in custody 421.178Procedures to transfer adult in custody after childbirth 421.180Disciplinary procedures; rules 421.185Assistance and representation in disciplinary procedures 421.190Admissible evidence at disciplinary hearing 421.194Disciplinary orders not subject to judicial review 421.195[1973 c.621 §7; 1977 c.323 §1; 1977 c.374 §4; 1983 c.740 §144; 1987 c.320 §180; repealed by 1995 c.108 §5] 421.200Disciplinary segregation unit data dashboard 421.205Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody 421.210Transfer of adults in custody to contract institutions; term of confinement 421.211[1955 c.309 §2; 1959 c.290 §11; 1959 c.687 §12; 1969 c.502 §16; repealed by 1973 c.444 §3] 421.213Records of transfer; availability of information; rules 421.215Procurement of transferred adults in custody when required for judicial proceedings 421.220Return of transferred adults in custody 421.225Expenses of superintendents 421.229Transfer of foreign adults in custody; authority of Governor; written approval of adult in custody 421.230[Amended by 1959 c.687 §17; renumbered 421.150] 421.232[1955 c.636 §4; 1961 c.424 §7; renumbered 421.155] 421.233[1955 c.636 §8; 1961 c.424 §8; renumbered 421.160] 421.235[Repealed by 1957 c.160 §6] 421.237[1955 c.254 §2; repealed by 1957 c.160 §6] 421.239[1955 c.59 §1; 1959 c.687 §18; renumbered 421.165] 421.240[Amended by 1953 c.111 §3; renumbered 421.270] 421.245Interstate Corrections Compact 421.250Powers of Governor; delegation of authority 421.254Priority of corrections compacts 421.255[1955 c.660 §6; 1959 c.550 §1; repealed by 1965 c.616 §101] 421.260[1955 c.660 §7; 1959 c.550 §2; repealed by 1965 c.616 §101] 421.265[1955 c.660 §8; 1959 c.550 §3; repealed by 1965 c.616 §101] 421.270[Formerly 421.240; repealed by 1959 c.550 §4] 421.282Definitions for ORS 421.282 to 421.294 421.284Western Interstate Corrections Compact 421.286Commitments or transfers of inmates to institution in another state 421.288Enforcing and administering compact 421.290Hearings by director 421.292Hearings in another state 421.294Contracts to implement compact 421.296Interstate Forest Fire Suppression Compact 421.297Powers of Governor; delegation of authority 421.298Duties of State Forester 421.305Establishment of industries in institutions; authority of Oregon Corrections Enterprises; rules; fees 421.310[Amended by 1955 c.55 §3; 1965 c.616 §58; 1969 c.349 §4; 1981 c.380 §1; 1983 c.574 §2; 1987 c.153 §2; 1987 c.320 §191; 1989 c.89 §1; 1995 c.384 §12; repealed by 1997 c.851 §17] 421.312Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized 421.315[Amended by 1955 c.55 §4; 1965 c.616 §60; repealed by 1981 c.380 §4] 421.320[Amended by 1965 c.616 §61; repealed by 1981 c.380 §4] 421.325[Amended by 1959 c.687 §19; 1983 c.574 §4; 1987 c.320 §193; 1995 c.384 §13; repealed by 1999 c.955 §28] 421.330[Amended by 1965 c.616 §62; repealed by 1981 c.380 §4] 421.335[Amended by 1965 c.616 §63; 1969 c.349 §5; repealed by 1981 c.380 §4] 421.340[Amended by 1965 c.616 §64; 1987 c.320 §194; 1999 c.955 §17; repealed by 2015 c.342 §1] 421.343[1989 c.82 §1; repealed by 1999 c.955 §28] 421.344Creation of Oregon Corrections Enterprises as semi-independent agency; administrator 421.345[Amended by 1955 c.445 §1; repealed by 1965 c.616 §101] 421.347Advisory council; membership; duties 421.349Advisory committee; duties 421.350[Amended by 1965 c.616 §65; repealed by 1981 c.380 §4] 421.352Applicability of certain statutes to Oregon Corrections Enterprises 421.354Authority of Oregon Corrections Enterprises 421.355[Amended by 1965 c.616 §66; repealed by 1981 c.380 §4] 421.357Limitation on amount agency may charge Oregon Corrections Enterprises; costs of audits 421.359Disposition of income and revenues 421.360[Repealed by 1981 c.380 §4] 421.362Continuation of employment of certain Department of Corrections employees; alternative retirement programs 421.364Provision of legal services to Oregon Corrections Enterprises 421.365[Repealed by 1981 c.380 §4] 421.367Report to Governor and Legislative Assembly 421.400[1989 c.855 §1; repealed by 1997 c.851 §17] 421.405Use of labor of adults in custody for benefit of officials prohibited; exceptions 421.408[Formerly 421.140; 1965 c.616 §68; 1969 c.502 §22; 1969 c.570 §1; 1987 c.320 §196; repealed by 1995 c.384 §28] 421.410[Amended by 1957 c.343 §1; 1961 c.213 §2; 1965 c.463 §20; 1965 c.616 §69; 1979 c.68 §2; 1981 c.380 §2; 1983 c.574 §3; 1987 c.320 §197; repealed by 1999 c.955 §28] 421.412Use of labor of adults in custody in acquisition of crops to be consumed in state institutions 421.415[Amended by 1959 c.687 §22; repealed by 1965 c.616 §101] 421.420Use of labor of adults in custody to clear unimproved land 421.423Use of labor of adults in custody for electrical or plumbing work 421.425[Renumbered 421.620] 421.430[Repealed by 1959 c.687 §24] 421.431[1995 c.384 §1; repealed by 1997 c.851 §17] 421.434[1995 c.384 §2; repealed by 1999 c.955 §28] 421.435[Repealed by 1959 c.687 §24] 421.436[1995 c.384 §14; repealed by 1997 c.851 §17] 421.437Compensation of adults in custody; rules 421.438Authority to enter into contracts concerning certain operations and programs 421.440[1995 c.384 §25; repealed by 1999 c.955 §28] 421.442Creation of accounts and subaccounts relating to prison work and on-the-job training programs 421.444Intellectual property; acquisition and development 421.445Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program; agreements 421.450Definitions for ORS 421.455 to 421.480 421.455Forest work camps; restrictions on placement at camps 421.460[Amended by 1961 c.656 §2; repealed by 1965 c.616 §101] 421.465Transfer of state adults in custody to forest work camp; limitations and conditions 421.467Transfer of local adults in custody to forest work camp; limitations and conditions 421.468Prior approval required for transfer of local adult in custody; return; custody and jurisdiction 421.470Authority over adults in custody in camps; cost of care 421.475[Amended by 1955 c.433 §1; 1961 c.656 §5; 1965 c.616 §74; 1967 c.504 §8; 1969 c.570 §2; 1987 c.320 §206; 1995 c.384 §16; repealed by 1997 c.851 §6 (421.476 enacted in lieu of 421.475)] 421.476Compensation of adults in custody for labor at forest camps; rules 421.480Return of adult in custody to institution 421.490Work camps 421.500Findings 421.502Definitions for ORS 421.502 to 421.512 421.504Structured special alternative incarceration program; requirements 421.506Intensive alternative incarceration addiction program; requirements 421.507Suspension or termination of program; report to legislature 421.508Determination of eligibility for program; denial; suspension or removal; completion 421.509Provision of information to program participants 421.510Eligibility for nonprison leave; rules 421.512Rulemaking 421.590Medical treatment programs; sex offenders; establishment; rules 421.605Location and use of penitentiary 421.609New correctional facilities; authorization; limitation on 421.610[1961 c.491 §1; 1971 c.212 §4; repealed by 1987 c.320 §246] 421.611Findings 421.612Definitions 421.614Corrections facilities; determining location 421.615[Formerly 421.030; 1969 c.502 §25; repealed by 1971 c.212 §6] 421.616When department required to nominate sites for corrections facilities; criteria for nominations; report required 421.618Meetings to discuss site selections 421.620[Formerly 421.425; repealed by 1965 c.616 §101] 421.621Corrections Facilities Siting Authority; membership; duties 421.623Hearings in region where nominated site located; ranking sites; findings 421.625[Formerly 421.135; repealed by 1965 c.616 §101] 421.626Notification to Governor; approval or disapproval of sites 421.628Effect of decision of Corrections Facilities Siting Authority; public services necessary for constructing and operating facility 421.630Judicial review 421.633Lease of Milliron Road Site; construction, operation and ownership of hospital 421.635Definitions for ORS 421.635 to 421.657 421.637When department required to propose site; criteria; report; media notice 421.639Exclusion of F 421.641Hearings in region where proposed site located; report 421.643Notice to Governor regarding proposed site 421.645Issuing permits necessary for construction and operation of facility; rules 421.647Review of decision relating to permits 421.649Provision of public services 421.651Prison Advisory Committee; duties 421.653Judicial review 421.655Proceedings for review; consolidation; priority 421.657Condemnation of property 421.670Department disposal of sited property 421.705[Formerly 421.080; 1965 c.616 §75; 1983 c.505 §8; repealed by 1987 c.320 §246] 421.710[Formerly 421.083; 1983 c.505 §9; repealed by 1987 c.320 §246] 421.805Siting of branch institutions 421.990Penalties

Chapter 421 — Department of Corrections Institutions; Compacts GENERAL PROVISIONS 421.175 Use of mechanical restraints during labor, childbirth or postpartum recovery

ORS 421.105 Enforcement of rules; violence and injury to adults in custody prohibited

(1)

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 punishment.

(2)

The person of an adult in custody sentenced to imprisonment in the Department of Corrections institution is under the protection of the law and the adult in custody shall not be injured except as authorized by law.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.