ORS Chapter 423

Chapter 423 — Correctionsand Crime Control Administration and Programs

 

2009 EDITION

 

 

CORRECTIONSAND CRIME CONTROL

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

(Temporaryprovisions relating to provision of correctional services in facility locatedin another state are compiled as notes preceding ORS 423.010)

 

GENERALPROVISIONS

 

423.010     Definitionsfor ORS 423.010 to 423.070

 

423.020     Departmentof Corrections; duties and powers; fees

 

423.030     Departmentnot limited by ORS 423.020

 

423.035     Applicationof ORS 409.710 (1)

 

423.070     Depositand disbursement of funds received under Western Interstate Corrections Compact

 

423.075     Director;appointment; duties; rules

 

423.076     Director’sauthority to grant peace officer power to corrections officer

 

423.078     Visitors;visiting status; administrative review of status changes; rules

 

423.085     Administratorof Correctional Education

 

423.090     Establishmentor designation of diagnostic facilities

 

423.093     Reimbursementof expenses from prisoner; limitation

 

423.097     Departmentof Corrections Account

 

423.100     Revolvingfund

 

423.150     Treatmentfor drug-addicted persons; grants; rules

 

CORRECTIONSOMBUDSMAN

 

423.400     Officeestablished; appointment by Governor

 

423.405     Qualificationsfor office; prohibited activities

 

423.410     Term;reappointment

 

423.415     Deputyand additional officers and employees

 

423.420     Generalduties and powers; rules

 

423.425     Investigatoryauthority

 

423.430     Investigativepriority; confidentiality of matters; charging fees prohibited

 

423.435     Recommendationsfollowing investigation; notice from Department of Corrections of action taken;notice to Legislative Assembly of recommended statutory changes

 

423.440     Lettersbetween ombudsman and persons in custody; immunity of complainants andombudsman; privilege against giving evidence or testifying

 

423.445     Witnessrights; fees; expenses of state agency personnel

 

423.450     Contemptproceedings against person interfering with ombudsman

 

COMMUNITYCORRECTIONS

 

423.475     Findings

 

423.478     Dutiesof department and counties; authority of county supervisory authority

 

423.483     Baselinefunding; basis on which county can discontinue participation

 

423.486     Costsincurred by county; rules

 

423.497     Nationalcriminal history check

 

423.500     Definitionsfor ORS 423.500 to 423.560

 

423.505     Legislativepolicy on program funding

 

423.520     Financialgrants to counties from Department of Corrections

 

423.525     Applicationfor financial aid; review of application; rules for program evaluation; use offunds; community corrections manager; modification of plan

 

423.530     Procedurefor determining amount of financial grants; rules

 

423.535     Biennialcommunity corrections plan required; county authority to contract for services

 

423.540     Programcompliance review by Director of Department of Corrections; effect of failureto comply

 

423.549     Statepositions in community corrections branch; abolishment; county authority;affected employees; pay

 

423.555     Statewideprogram evaluation and information system

 

423.560     Localpublic safety coordinating council; duties

 

423.565     Additionalduties of public safety coordinating council

 

423.569     Annualsummary

 

PAYMENTSBY SUPERVISED PERSON

 

423.570     Monthlyfee payable by person on supervised release; use; payment as condition ofrelease; waiver

 

(Temporaryprovisions relating to provision of correctional services in facility locatedin another state)

 

      Note: Sections 1 and3, chapter 422, Oregon Laws 2003, provide:

      Sec.1.(1) The Department of Corrections may enter into a contract with a publicentity for the provision of correctional services in a correctional facilitythat is located in another state if the department determines that the facilityis suitable for the confinement and care of persons committed to the legal andphysical custody of the department.

      (2)Contracts entered into under subsection (1) of this section are exempt from theprovisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C.

      (3)(a)After entering into a contract under subsection (1) of this section, thedepartment:

      (A)May convey a person committed to the legal and physical custody of thedepartment to a correctional facility owned or operated by the public entitywith whom the department has contracted; and

      (B)May transfer physical custody of the person to the custodial authorities of thefacility.

      (b)A person whose physical custody is transferred under this subsection shall beconfined in the correctional facility to which the person was conveyed until:

      (A)The person’s sentence has expired or the person is otherwise discharged by law;or

      (B)The department directs that the person:

      (i)Be returned to the physical custody of the department; or

      (ii)Be conveyed to another correctional facility.

      (c)Except as otherwise provided in the contract entered into under subsection (1)of this section, a person whose physical custody is transferred under thissubsection is subject to the operational policies and procedures of thecorrectional facility to which the person is transferred, including but notlimited to policies and procedures for the conduct and discipline of personsincarcerated in the correctional facility.

      (4)When a contract under subsection (1) of this section expires, the departmentshall return all persons confined in a correctional facility pursuant to thecontract to the physical custody of the department or convey the persons toanother correctional facility pursuant to another contract. [2003 c.422 §1;2003 c.794 §331b; 2009 c.611 §1]

      Sec.3.Section 1, chapter 422, Oregon Laws 2003, as amended by section 331b, chapter794, Oregon Laws 2003, and section 1 of this 2009 Act [section 1, chapter 611,Oregon Laws 2009], is repealed on January 2, 2014. [2003 c.422 §3; 2009 c.611 §2]

 

GENERALPROVISIONS

 

      423.010Definitions for ORS 423.010 to 423.070. As used in ORS 423.010 to 423.070,unless the context requires otherwise:

      (1)“Department” means the Department of Corrections.

      (2)“Department of Corrections institutions” has the meaning given that term in ORS421.005.

      (3)“Director” means the Director of the Department of Corrections. [1965 c.616 §1;1969 c.597 §96; 1983 c.505 §13; 1987 c.320 §210; 1997 c.249 §135; 2001 c.295 §15;2007 c.71 §115]

 

      423.020Department of Corrections; duties and powers; fees. (1) TheDepartment of Corrections is created. The department shall:

      (a)Supervise the management and administration of the Department of Correctionsinstitutions, parole and probation services, community corrections and otherfunctions related to state programs for corrections;

      (b)Carry out legally mandated sanctions for the punishment of persons committed toits jurisdiction by the courts of this state;

      (c)Exercise custody over those persons sentenced to a period of incarcerationuntil such time as a lawful release authority authorizes their release;

      (d)Provide adequate food, clothing, health and medical care, sanitation andsecurity for persons confined;

      (e)Provide persons who are motivated, capable and cooperative with opportunitiesfor self-improvement and work;

      (f)Conduct investigations and prepare reports for release authorities; and

      (g)Supervise persons sentenced or placed in the community for the period of timespecified and in accordance with conditions of supervision ordered by therelease authority.

      (2)The Department of Corrections may provide consultation services related to thecriminal justice system to local or statewide public or private agencies,groups, and individuals, or initiate such consultation services. Consultationservices shall include, but not be limited to, conducting studies and surveys,sponsoring or participating in educational programs, and advising and assistingthese agencies, groups or individuals. Nothing in chapter 320, Oregon Laws1987, is intended to diminish the state’s efforts to plan, evaluate and delivereffective human services programs to offenders, either in an institution or onprobation or parole. Therefore, the Department of Corrections and theDepartment of Human Services shall continue to jointly develop and implementneeded social and rehabilitative services, including services for inmateshoused in regional minimum security facilities.

      (3)The Department of Corrections shall be the recipient of all federal funds paidor to be paid to the state to enable the state to provide corrections programsand services assigned to the Department of Human Services before June 15, 1987.

      (4)Notwithstanding any other provision of law, the department may charge a personconfined in a Department of Corrections institution a reasonable health carefee for any health care services, medications and equipment provided the personduring the person’s confinement if the department:

      (a)Provides necessary medical care regardless of the person’s ability to pay;

      (b)Provides equal treatment to all persons confined in a department institutionregardless of a person’s ability to pay;

      (c)Establishes a system that notifies the person of the fees and what services arecovered; and

      (d)Establishes a grievance system that allows a person to challenge the deductionof a fee from the person’s account.

      (5)The department may provide ordinary medical, dental, psychiatric,psychological, hygienic or other remedial care and treatment for a person under18 years of age who is confined in a Department of Corrections institution and,in an emergency in which the safety of the person appears urgently to requireit, may authorize surgery or other extraordinary care. [1965 c.616 §2; 1967c.352 §1; 1967 c.585 §6; 1969 c.597 §98; 1971 c.401 §107; 1987 c.320 §1; 1995c.523 §2; 2001 c.195 §1]

 

      Note: The LegislativeCounsel has not, pursuant to 173.160, undertaken to substitute specific ORSreferences for the words “chapter 320, Oregon Laws 1987.” Chapter 320, OregonLaws 1987, enacted into law and amended the ORS sections which may be found byreferring to the 1987 Comparative Section Table located in Volume 20 of OregonRevised Statutes.

 

      423.025 [1969 c.597 §§97,137;repealed by 1971 c.319 §11]

 

      423.027 [1969 c.597 §111;1975 c.605 §21; repealed by 1985 c.565 §66]

 

      423.030Department not limited by ORS 423.020. The enumeration of duties, functionsand powers in ORS 423.020 is not exclusive nor intended as a limitation on thepowers and authority vested in the Department of Corrections by otherprovisions of law. [1965 c.616 §3; 1969 c.597 §99; 1987 c.320 §211]

 

      423.035Application of ORS 409.710 (1). ORS 409.710 (1) applies to theDepartment of Corrections. [Derived from 1987 c.781 §2]

 

      Note: 423.035 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 423 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      423.040 [1965 c.616 §4;1967 c.7 §39; 1969 c.597 §100; 1971 c.319 §7; repealed by 1987 c.320 §246]

 

      423.050 [1965 c.616 §5;repealed by 1987 c.320 §246]

 

      423.060 [1965 c.616 §6;1969 c.597 §101; repealed by 1987 c.320 §246]

 

      423.070Deposit and disbursement of funds received under Western Interstate CorrectionsCompact.All funds received by this state or by the Department of Corrections under alawful contract with another party to the Western Interstate CorrectionsCompact made in compliance with Article III thereof, shall be paid into theState Treasury. The Director of the Department of Corrections shall expendthese funds in compliance with the contract. [Formerly 179.122; 1987 c.320 §212]

 

      423.075Director; appointment; duties; rules. (1) The Department of Corrections shallbe under the supervision and control of a director who is responsible forproviding for programs for the delivery to the public of the services assignedto the department, and for undertaking long-range planning necessary for theeffective and efficient delivery of these services.

      (2)The Governor shall appoint the director for a term of four years, but thedirector may be removed at any time during such term at the pleasure of theGovernor. The appointment of the director is subject to confirmation by theSenate in the manner provided in ORS 171.562 and 171.565.

      (3)The director shall receive such salary as may be provided by law or, if not soprovided, as may be fixed by the Governor, and shall be reimbursed for allexpenses actually and necessarily incurred by the director in the performanceof official duties.

      (4)The director may appoint a deputy director, whose appointment is subject toapproval by the Governor and who shall serve at the pleasure of the director.The deputy director shall have full authority to act for the director, subjectto directions of the director. The appointment of the deputy director shall beby written order, filed with the Secretary of State.

      (5)The Director of the Department of Corrections shall:

      (a)For purposes of administration and control, and with the approval of theGovernor, organize and reorganize the department in whatever manner thedirector deems necessary to conduct the work of the department.

      (b)Appoint all subordinate superintendents, officers and employees, whetherclassified or unclassified, of the department, prescribe their duties and fixtheir compensation, subject to applicable provisions of the State PersonnelRelations Law.

      (c)Delegate to departmental employees such responsibilities and authority as thedirector determines to be necessary.

      (d)Provide for the safety of all prisoners in the custody of the department andmay adopt rules for the government and administration of the department. [1987c.320 §§2,3]

 

      423.076Director’s authority to grant peace officer power to corrections officer. (1) TheDirector of the Department of Corrections may grant to an individualcorrections officer or classification of corrections officer all the powers andauthority of a peace officer over inmates.

      (2)A corrections officer granted the authority of a peace officer under subsection(1) of this section shall have the authority to:

      (a)Prevent an escape from the grounds of a correctional facility by an inmate; and

      (b)Go beyond the grounds of a correctional facility to:

      (A)Pursue an inmate if the inmate is in the act of escaping from a correctionalfacility;

      (B)Search for an inmate if the inmate is in the act of escaping from acorrectional facility; and

      (C)Recapture an inmate if the inmate is in the act of escaping from a correctionalfacility.

      (3)A corrections officer who has been granted the authority of a peace officerunder subsection (1) of this section shall retain the authority until the lawenforcement agency having general jurisdiction over the area in which theescape or attempted escape of the inmate took place assumes responsibility forrecapture of the inmate.

      (4)The Department of Corrections shall inform the appropriate law enforcementagency of an escape or attempted escape of an inmate as soon as is reasonablypracticable.

      (5)As used in this section, “inmate” means a person sentenced to a period ofincarceration in a prison or other correctional facility until such time as alawful release authority authorizes the release of the person. [1991 c.879 §1]