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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