ORS Chapter 169
Chapter 169 — Localand Regional Correctional Facilities; Prisoners; Juvenile Facilities
2009 EDITION
LOCALCORRECTIONAL AND JUVENILE FACILITIES
CRIMESAND PUNISHMENTS
DEFINITIONS
169.005 Definitionsfor ORS 169.005 to 169.677 and 169.730 to 169.800
LOCALCORRECTIONAL FACILITIES
169.030 Construction,maintenance and use of local correctional facilities by county and city;renting suitable structure; provision of facilities by another county or city
169.040 Inspectionof local correctional facilities
169.042 Maximumfacility population; recommendation
169.044 Actionon recommendation
169.046 Noticeof county jail population emergency; action to be taken; notification ifrelease of inmates likely; forced release
169.050 Contractsfor boarding of prisoners
169.053 Agreementswith other counties or Department of Corrections for confinement and detentionof offenders
169.055 Contractswith Department of Corrections for county prisoners awaiting sentencing
169.070 Coordinationof state services by Department of Corrections; inspections to determinecompliance with standards
169.072 Provisionof services or assistance by Department of Corrections through arrangementswith local governments
169.076 Standardsfor local correctional facilities
169.077 Standardsfor lockup facilities
169.078 Standardsfor temporary hold facilities
ENFORCEMENTOF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES
169.080 Effectof failure to comply with standards; enforcement by Attorney General; privateaction
169.085 Submissionof construction or renovation plans to Department of Corrections;recommendations by department
169.090 Manualof guidelines for local correctional facility operation; guidelines forjuvenile detention facility operation
TREATMENTOF PRISONERS
169.105 Unconsciousperson not to be admitted to custody in facility
169.110 Timecredit for good behavior
169.115 Temporaryleave
169.120 Creditfor work
169.140 Furnishingprisoners food and clothing
169.150 Paymentof expenses of keeping prisoners; health care fees
169.151 Expensesof keeping prisoners; reimbursement from prisoners; amounts; procedures
169.152 Liabilityfor costs of medical care for persons in county facility
169.153 Liabilityof public agency for costs of medical care provided to persons in transport
169.155 Definitionsfor ORS 169.155 and 169.166
169.166 Liabilityfor costs of medical services
169.170 Assignmentof county prisoners to public works
169.180 Assignmentof city prisoners to public works
169.190 Transferof prisoners to another county for public work
169.210 Contractsfor private employment of prisoners; agencies having power to work prisoners
169.220 Careof county prisoners
DUTIESAND LIABILITIES OF SHERIFF
169.320 Controlover prisoners; work by prisoners
169.330 Civilliability for release of prisoner
169.340 Liabilityfor escape of defendant in a civil action
169.350 Liabilityfor failing to serve papers
169.360 Appointmentof keeper of local correctional facility
FEDERALPRISONERS
169.530 Dutyto receive federal prisoners
169.540 Liabilityfor expenses of keeping federal prisoners
REGIONALFACILITIES
169.610 Policy
169.620 “Regionalcorrectional facility” defined
169.630 Jointestablishment or operation of facilities; agreement
169.640 Statusof facility for custody of misdemeanants and violators
169.650 Statusof facility operated by Department of Corrections
169.660 Statusof persons confined in facility operated by Department of Corrections;assignment to regional facility
169.670 Transferof persons to facility operated by Department of Corrections; costs; return;exception
169.673 Conversionof state correctional institutions into regional correctional facilities
169.677 Convertedfacilities to house felony or misdemeanant prisoners
HALFWAYHOUSES
169.690 Establishmentof halfway houses and other facilities; advice of facility advisorysubcommittee of local public safety coordinating council
JUVENILEDETENTION FACILITIES
169.730 Definitionsfor ORS 169.740 to 169.760
169.740 Standardsfor juvenile detention facilities
169.750 Restrictionson operation of juvenile detention facilities
169.760 Juveniledetention facilities to establish written policy
169.770 Releaseof detained juvenile when detention facility violates standards
MISCELLANEOUS
169.800 Detentionof juveniles before conviction and execution of sentence
169.810 Assumptionof duties by regional correctional facility constitutes assumption by publicemployer; rights of transferred employees
DEFINITIONS
169.005Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800. As used in ORS169.005 to 169.677 and 169.730 to 169.800, unless the context requiresotherwise:
(1)“Detainee” means a person held with no criminal charges.
(2)“Forced release” means temporary freedom of an inmate from lawful custodybefore judgment of conviction due to a county jail population emergency underORS 169.046.
(3)“Juvenile detention facility” means a facility as described in ORS 419A.050 and419A.052.
(4)“Local correctional facility” means a jail or prison for the reception andconfinement of prisoners that is provided, maintained and operated by a countyor city and holds persons for more than 36 hours.
(5)“Lockup” means a facility for the temporary detention of arrested persons heldup to 36 hours, excluding holidays, Saturdays and Sundays, but the period inlockup shall not exceed 96 hours after booking.
(6)“Month” means a period of 30 days.
(7)“Prisoner” means a person held with criminal charges or sentenced to thefacility.
(8)“Temporary hold” means a facility, the principal purpose of which is thetemporary detention of a prisoner for four or less hours while awaiting courtappearance or transportation to a local correctional facility. [1973 c.740 §1;1979 c.487 §1; 1985 c.499 §4; 1993 c.33 §309; 2001 c.517 §1]
169.010 [Amended by1963 c.236 §1; 1973 c.740 §8; repealed by 1983 c.327 §16]
169.020 [Amended by1973 c.740 §9; repealed by 1983 c.327 §16]
LOCALCORRECTIONAL FACILITIES
169.030Construction, maintenance and use of local correctional facilities by countyand city; renting suitable structure; provision of facilities by another countyor city.(1) Every county and city in this state shall provide, keep and maintain withinor without the county or city, as the case may be, a local correctionalfacility for the reception and confinement of prisoners committed thereto. Thelocal correctional facility shall be constructed of fireproof materials andshould have fire exits in sufficient number and suitably located for theremoval of prisoners.
(2)Any county, or incorporated city may rent or lease any structure answering therequirements of subsection (1) of this section, either in connection with orseparately from any other county or city building.
(3)Any county and any incorporated city may, by agreement, provide, maintain, anduse for their separate requirements, such a local correctional facility as isrequired by this section.
(4)Any county or incorporated city may, by agreement with any other county orincorporated city, provide for one such county or city to furnish localcorrectional facility accommodations for the imprisonment of prisoners of theother such county or city. Pursuant to such agreement, an Oregon county or citymay secure the use of jail accommodations outside the state, but only in acounty that adjoins the Oregon county or the county in which the Oregon city islocated.
(5)The jail accommodations provided by or furnished to a county under this sectionshall be considered to be jail accommodations of the county for purposes of ORS135.215, 137.140 and 137.330. [Amended by 1963 c.236 §2; 1973 c.740 §10; 1987c.550 §1]
169.040Inspection of local correctional facilities. (1) The county court or board ofcounty commissioners of each county is the inspector of the local correctionalfacilities in the county. The court or board shall visit local correctionalfacilities operated by the county at least once in each regular term and mayvisit local correctional facilities within the county that are not operated bythe county. When the court or board visits a local correctional facility, itshall examine fully into the local correctional facility, including, but notlimited to, the cleanliness of the facility and the health and discipline ofthe persons confined. If it appears to the court or board that any provisionsof law have been violated or neglected, it shall immediately give notice of theviolation or neglect to the district attorney of the district.
(2)The county health officer or the representative of the county health officermay conduct health and sanitation inspections of local correctional facilitieson a semiannual basis. If the county health officer determines that thefacility is in an insanitary condition or unfit for habitation for healthreasons, the officer may notify the appropriate local governmental agency inwriting of the required health and sanitation conditions or practices necessaryto ensure the health and sanitation of the facility. If the local governmentalagency does not comply with the required health and sanitation conditions orpractices within an appropriate length of time, the county health officer mayrecommend the suspension of the operation of the local correctional facility tothe county board of health. If after a hearing the county board of health findsthat the local correctional facility is in an insanitary or unhealthfulcondition, it may suspend the operation of the facility until such time as thelocal correctional facility complies with the recommended health and sanitationconditions and practices. [Amended by 1973 c.740 §11; 2005 c.286 §1]
169.042Maximum facility population; recommendation. The county court or board ofcommissioners of a county may institute an examination of the county’s localcorrectional facility for the purpose of obtaining a recommendation regardingthe maximum number of inmates that should be held in the facility. Thisrecommendation shall be based on consideration of the following:
(1)The advice of the district attorney, county counsel and sheriff concerningprevailing constitutional standards relating to conditions of incarceration;
(2)The design capacity of the local correctional facility;
(3)The physical condition of the local correctional facility; and
(4)The programs provided for inmates of the local correctional facility. [1989c.884 §2]
169.044Action on recommendation. When the county court or board has received arecommendation pursuant to ORS 169.042, it shall either:
(1)Reject the recommendation and decline to adopt a limit on the number of inmatesthat may be held in the local correctional facility; or
(2)Adopt the recommendation and, after consultation with the officials listed inORS 169.046 (1), issue an order establishing the maximum allowable number ofinmates that may be held in the local correctional facility. This shall includespecific standards for determining a county jail population emergency and aspecific plan for resolving the emergency. [1989 c.884 §3]
169.046Notice of county jail population emergency; action to be taken; notification ifrelease of inmates likely; forced release. (1) If a county court or boardadopts a jail capacity limit under ORS 169.044 and the number of inmates in itslocal correctional facility exceeds that capacity limit so that a county jailpopulation emergency exists, the sheriff shall notify the presiding circuitjudge, each municipal court judge and justice of the peace in the county, thedistrict attorney for the county, the county counsel, the chief law enforcementofficer for each city located in the county and the county court or board ofcommissioners that the number of inmates in the local correctional facility hasexceeded capacity and that a county jail population emergency exists.
(2)If the county court or board has adopted a jail capacity limit and action planunder ORS 169.044 and if a county jail population emergency occurs under theterms of the plan, the county court or board and the county sheriff may carryout the steps of the plan. This includes any authorization, under the plan, forthe sheriff to order inmates released in order to reduce the jail population. Asheriff shall be immune from criminal or civil liability for any good faithrelease of inmates under ORS 169.042 to 169.046.
(3)If it becomes necessary to order inmates released under ORS 169.042 to 169.046,or if it appears to the sheriff that release of inmates is likely to becomenecessary in the near future, the sheriff shall immediately notify all policeagencies in the county to make maximum use of citations in lieu of custodypursuant to ORS 133.055 to 133.076 until further notice.
(4)If it becomes necessary to order the release of inmates under ORS 169.042 to169.046, the sheriff may place inmates on forced release subject to a forcedrelease agreement. A forced release agreement must be in writing and be signedby the sheriff and the inmate and must include:
(a)The date of the next court appearance of the inmate;
(b)A statement that the inmate is required to appear at the next court appearance;and
(c)A statement that failure of the inmate to appear at the next court appearanceis subject to prosecution