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]