ORS Chapter 179

Chapter 179 — Administrationof State Institutions

 

2009 EDITION

 

 

ADMINISTRATIONOF STATE INSTITUTIONS

 

EXECUTIVEBRANCH; ORGANIZATION

 

GENERALPROVISIONS

 

179.010     Definitions

 

179.040     Generalpowers and duties; rules

 

179.045     Reportson convictions; forms; confidentiality

 

179.050     Authorityto hold property

 

179.055     Dispositionof income from property; maintenance of property

 

179.065     Furnishingutilities for institutions

 

179.105     Acceptanceof federal or other assistance to carry out general powers and duties;legislative oversight of expenditures

 

179.110     Useof federal grants; cooperation with federal agencies; disposition of balancesof appropriations

 

179.130     Institutionalpetty cash fund; creation; reimbursement from appropriation for institution

 

179.140     Auditingand paying claims; approval of vouchers

 

179.150     Interestin contracts prohibited

 

CLAIMFOR INJURY OR DAMAGE

 

179.210     Claimfor injury or damage; conditions

 

179.230     Rejectionof claim final and not reviewable

 

179.240     Procedurewhere award due person owing debt to state

 

SUPERVISIONOF STATE INSTITUTIONS

 

(Superintendent)

 

179.310     “Superintendent”defined

 

179.321     Responsibilityto supervise state institutions

 

179.325     Changein use of institution for persons with mental retardation or mental illness

 

179.331     Appointment,suspension and removal of superintendents

 

179.340     Salariesand expenses of superintendents

 

179.360     Powersand duties of superintendents

 

179.370     Residenceof superintendents at institutions

 

(Staff)

 

179.375     Chaplaincyservices

 

179.380     Employmentof staff; oaths and bonds

 

179.385     Scholarshipprograms to train personnel for institutions; rules

 

179.390     Appointment,suspension, removal and salaries of assistants, officers and employees;contract services

 

179.400     Rentalsto officers and employees at institution

 

179.405     Licenserequired for teachers at institution

 

(Workat Institution)

 

179.440     Workin production of articles and performance of labor for state

 

179.450     Workon state-owned land

 

179.460     Saleand exchange of surplus products of institutions; rules; State InstitutionalBetterment Fund

 

(TransferProcedures)

 

179.471     Definitionsfor ORS 179.473 and 179.478

 

179.473     Transfersbetween institutions; rules

 

179.478     Examinationfor mental retardation; commitment hearing; transfer to hospital or trainingcenter for persons with mental retardation; termination of sentence

 

179.479     Conveyanceof inmates from institution to physician or hospital for treatment; rules

 

179.483     Timespent pursuant to transfer or conveyance counted as part of sentence

 

179.485     Rightsof person transferred to institution for persons with mental illness or mentalretardation

 

179.486     Paymentof costs in connection with transfers and conveyances; medical reports toaccompany certain inmates

 

(MedicalCare)

 

179.490     Authorizationand payment of cost of emergency and necessary operations

 

179.492     Dispensingof brand-name mental health drugs

 

(Records)

 

179.495     Disclosureof inmate written accounts; penalty

 

179.505     Disclosureof written accounts by health care services provider

 

179.507     Enforcementof ORS 179.495 and 179.505; actions; venue; damages

 

179.508     Disclosureof individually identifiable health information about inmate

 

179.509     Reportson deaths at institutions; compilation submitted to President and Speaker

 

(Fundsof Inmates or Patients)

 

179.510     “Funds”defined; deposit of funds of institution residents with State Treasurer

 

179.520     Authorizationto receive funds of wards; separate accounts

 

179.530     Disbursementsfrom accounts; accountability

 

OREGONSTATE HOSPITAL ADVISORY BOARD

 

179.560     Members;appointment; terms; meetings

 

179.570     Powersand duties of board; report to legislature

 

179.580     Adhoc committees

 

RESPONSIBILITYFOR COST OF CARE OF PERSONS IN STATE INSTITUTIONS

 

179.610     Definitionsfor ORS 179.610 to 179.770

 

179.620     Liabilityof person or estate for cost of care

 

179.640     Determinationof ability to pay; rules; financial information; notice; order; hearing; appeal

 

179.653     Unpaidcosts as lien on property; order; when appealable

 

179.655     Enforcementof lien; distraint warrant

 

179.660     Guardianor conservator for estate of person in institution

 

179.701     Determinationof cost-of-care rates

 

179.711     Remittanceof amounts due; refunds

 

179.731     Waiverof collection of amount payable

 

179.740     Collectionfrom estates; settlement

 

179.745     Titleto and transfer of property

 

DISCRIMINATIONPROHIBITED

 

179.750     Equalcare and services for persons in state institutions

 

RULES

 

179.770     Rules;employees

 

GENERALPROVISIONS

 

      179.010Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Institution” means the institutions designated in ORS 179.321.

      (2)“Agency” means:

      (a)The Department of Corrections when the institution is a Department ofCorrections institution, as defined in ORS 421.005;

      (b)The Department of Human Services when the institution is the Eastern OregonTraining Center; or

      (c)The Oregon Health Authority when the institution is the Blue Mountain RecoveryCenter or an Oregon State Hospital campus. [Amended by 1969 c.597 §17; 1969c.706 §62; 1971 c.301 §14; 1987 c.320 §106; 1987 c.321 §11; 2001 c.900 §26;2003 c.14 §73; 2009 c.595 §118]

 

      179.020 [Repealed by1969 c.199 §59]

 

      179.030 [Amended by1961 c.271 §1; repealed by 1969 c.199 §59]

 

      179.040General powers and duties; rules. (1) The Department of Corrections, theDepartment of Human Services and the Oregon Health Authority shall:

      (a)Govern, manage and administer the affairs of the public institutions and workswithin their respective jurisdictions.

      (b)Enter into contracts for the planning, erection, completion and furnishings ofall new buildings or additions at their respective institutions.

      (c)Subject to any applicable provisions of ORS 279A.125, 279A.255, 279A.275,279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280and 283.110 to 283.395, enter into contracts for the purchase of supplies fortheir respective institutions.

      (d)Make and adopt rules for the guidance of the agencies and for the government oftheir respective institutions.

      (2)The agencies, respectively, may:

      (a)Sue and plead in all courts of law and equity.

      (b)Subject to ORS 279A.050 (7), procure, contract for or enter into agreements forgoods and services of all kinds, including personal services contractsdesignated under ORS 279A.055, and perform all legal acts requisite andnecessary for the successful management and maintenance of the institutionswithin their respective jurisdictions. [Amended by 1967 c.419 §57; 1969 c.597 §18;1969 c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200; 2009 c.397 §1;2009 c.595 §119]

 

      179.045Reports on convictions; forms; confidentiality. (1) The clerkof a circuit or county court shall cause a report to be made to the Departmentof Corrections on each offender convicted of a felony or misdemeanor in thecourt and on each juvenile found to be within the jurisdiction of the court byreason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1).

      (2)The Department of Corrections shall prescribe forms for the reports requiredunder subsection (1) of this section. Information required may include thename, age, sex, crime or action and disposition of the offender or juvenile andsuch other information as the department by rule may require. Such reports areconfidential and may not be used in evidence. [1967 c.635 §1; 1969 c.597 §14;1987 c.320 §108; 1993 c.33 §317]

 

      179.050Authority to hold property. The Department of Corrections, the Department ofHuman Services and the Oregon Health Authority may receive, take and holdproperty, both real and personal, for any institution within their respectivejurisdictions. Title shall be taken in the name of the state. [Amended by 1969c.597 §21; 1971 c.615 §11; 1987 c.320 §109; 2001 c.900 §28; 2009 c.595 §120]

 

      179.055Disposition of income from property; maintenance of property. (1) The revenuefrom the rental or lease of property administered by an institution governed ormanaged by the Department of Corrections, the Department of Human Services orthe Oregon Health Authority, except dormitory and housing rentals atinstitutions governed by the agencies, shall be deposited in the account of therespective agency for use by the respective agency to pay for the cost ofadministration, taxes, repairs and improvements on the property.

      (2)The agencies may request the Oregon Department of Administrative Services tomake necessary repairs and improvements on the property described in subsection(1) of this section to be paid for by the agencies from the proceeds derivedfrom such rental or lease of the property or from appropriations otherwiseavailable. [1961 c.652 §2(1),(2); 1969 c.597 §22; 1969 c.706 §64; 1971 c.615 §12;1981 c.106 §10; 1983 c.599 §1; 1987 c.320 §110; 2001 c.900 §29; 2009 c.595 §121]

 

      179.060 [Repealed by1969 c.597 §281]

 

      179.065Furnishing utilities for institutions. The Department of Corrections, theDepartment of Human Services and the Oregon Health Authority shall have thesame powers with respect to furnishing heat, light, power, sewage, fireprotection and communications facilities to institutions under their respectivejurisdictions as is granted to the Oregon Department of Administrative Servicesunder ORS 276.210 to 276.228, 276.234 to 276.244, 276.250 and 276.252. Thepowers shall be exercised in accordance with and subject to the provisions ofsuch sections. [1969 c.597 §20; 1987 c.320 §111; 2001 c.900 §30; 2009 c.595 §122]

 

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