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

ORS 421.653 Judicial review

(1)

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 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, is conferred upon the Supreme Court.

(2)

A person or local government adversely affected by ORS 421.635 to 421.651 may institute a proceeding for review by filing with the Supreme Court a petition that meets the following requirements:

(a)

The petition for review of the constitutionality of ORS 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999, must be filed within 21 days after August 20, 1999. The petition must include the following:

(A)

A statement of the constitutional provision providing a basis for the challenge.

(B)

A statement and supporting affidavit showing how the petitioner is adversely affected.

(b)

A petition for review of a decision made under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8

(2)

, chapter 982, Oregon Laws 1999, shall be filed within 21 days of issuance of the specific decision on which the petition is based.

(3)

The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.

(4)

A petition filed under subsection (2)(b) of this section shall state the nature of the decision the petitioner desires reviewed and in what manner the decision below rejected the position raised by the petitioner.

(5)

Within 30 days after service of the petition under subsection (2)(a) of this section, the department shall transmit to the Supreme Court, or a special master it designates, the original or a certified copy of the entire record and any findings that may have been made. The court shall not substitute its judgment for that of the Governor or the Director of the Department of Corrections as to any issue of fact or issue within executive branch discretion.

(6)

If the petition is filed under subsection

(2)(b)

of this section, the record shall include only:

(a)

The director’s final report prepared under ORS 421.641.

(b)

The conditions, if any, on the proposed site.

(c)

The transcript of the hearing before the department. However, on motion of the director, the Supreme Court may limit the transcript to those matters in which the petitioner is interested as provided in subsection

(2)(b)

of this section.

(d)

Evidence submitted by the petitioner to the director, but on motion of any party to the judicial review, the Supreme Court may supplement the record with additional materials from the hearing before the director.

(7)

Upon review, the Supreme Court may reverse or remand a decision made under

ORS 421.637, 421.641, 421.643, 421.645 (8),

421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, if the Supreme Court finds the director, Department of Corrections or the Governor:

(a)

Exceeded the statutory or constitutional authority of the decision maker; or

(b)

Made a decision not supported by substantial evidence. For purposes of this subsection, “substantial evidence” means evidence that, taken in isolation, a reasonable mind could accept as adequate to support a conclusion. The substantiality of the evidence shall not be evaluated by considering the whole record.

(8)

Proceedings for review under this section shall be given priority over all other matters before the Supreme Court.