justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 169 — Local and Regional

ORS 169.040. Inspection of local correctional facilities. (1) The county court or board of county commissioners of each county is the inspector of the local correctional facilities in the county. The court or board shall visit local correctional facilities operated by the county at least once in each regular term and may visit local correctional facilities within the county that are not operated by the county. When the court or board visits a local correctional facility, it shall examine fully into the local correctional facility, including, but not limited to, the cleanliness of the facility and the health and discipline of the persons confined. If it appears to the court or board that any provisions of law have been violated or neglected, it shall immediately give notice of the violation or neglect to the district attorney of the district. (2) The local health officer or the representative of the local health officer may conduct health and sanitation inspections of local correctional facilities on a semiannual basis. If the local health officer determines that the facility is in an insanitary condition or unfit for habitation for health reasons, the officer may notify the appropriate local governmental agency in writing of the required health and sanitation conditions or practices necessary to ensure the health and sanitation of the facility. If the local governmental agency does not comply with the required health and sanitation conditions or practices within an appropriate length of time, the local health officer may recommend the suspension of the operation of the local correctional facility to the local public health authority, as defined in ORS 431.003. If after a hearing the local public health authority finds that the local correctional facility is in an insanitary or unhealthful condition, it may suspend the operation of the facility until such time as the local correctional facility complies with the recommended health and sanitation conditions and practices.
ORS Chapter 169 — Local and Regional

ORS 169.042. Maximum facility population; recommendation. The county court or board of commissioners of a county may institute an examination of the countys local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following: (1) The advice of the district attorney, county counsel and sheriff concerning prevailing 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 adults in custody of the local correctional facility.
ORS Chapter 169 — Local and Regional

ORS 169.044. Action on recommendation. When the county court or board has received a recommendation pursuant to ORS 169.042, it shall either: (1) Reject the recommendation and decline to adopt a limit on the number of adults in custody that may be held in the local correctional facility; or (2) Adopt the recommendation and, after consultation with the officials listed in ORS 169.046 (1), issue an order establishing the maximum allowable number of adults in custody that may be held in the local correctional facility. This shall include specific standards for determining a county jail population emergency and a specific plan for resolving the emergency.
ORS Chapter 169 — Local and Regional

ORS 169.046. Notice of county jail population emergency; action to be taken; notification if release likely; forced release. (1) If a county court or board adopts a jail capacity limit under ORS 169.044 and the number of adults in custody in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of adults in custody in the local correctional facility has exceeded capacity and that a county jail population emergency exists. (2) If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order adults in custody released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of adults in custody under ORS 169.042 to 169.046. (3) If it becomes necessary to order adults in custody released under ORS 169.042 to 169.046, or if it appears to the sheriff that release of adults in custody is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 to 133.076 until further notice. (4) If it becomes necessary to order the release of adults in custody under ORS
ORS Chapter 169 — Local and Regional

ORS 169.050. Contracts for boarding of prisoners. The county court or board of county commissioners of each county in this state, not having more than 300,000 inhabitants, shall advertise for bids for boarding of prisoners confined in the county local correctional facilities of the county, and may award the contract for boarding them to the lowest responsible bidder. If any responsible bidder, other than the sheriff, receives the contract from the county for the boarding of prisoners, such bidder shall receive compensation for boarding such prisoners rather than the sheriff, and the sheriff shall afford to such bidder all facilities for carrying out the countys contract for boarding prisoners. [Amended by 1973 c.740 12]
ORS Chapter 169 — Local and Regional

ORS 169.053. Agreements with other counties or Department of Corrections for confinement and detention of offenders. (1) A county may enter into an agreement with one or more other counties of this state under ORS 190.010 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of: (a) Pretrial detainees; (b) Offenders convicted of a misdemeanor; and (c) Offenders convicted of a felony who are: (A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or (B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision. (2) A county may enter into an agreement with the Department of Corrections under ORS 190.110 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of: (a) Offenders convicted of a misdemeanor; and (b) Offenders convicted of a felony who are: (A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or (B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision. (3) An agreement entered into under ORS 190.110 and subsection (2) of this section shall include a provision that the county reimburse the Department of Corrections for its costs incurred in confining the county adult in custody. Reimbursement shall be made on a per diem basis at a rate determined by the department to be its average daily incarceration cost per adult in custody. In lieu of reimbursement, the department and county may enter into an agreement providing for the comparable exchange of adults in custody as determined by the department. [1996 c.4 1; 2019 c.213 45] Note:
ORS Chapter 169 — Local and Regional

ORS 169.055. Contracts with Department of Corrections for county prisoners awaiting sentencing. (1) The Department of Corrections may enter into contracts or arrangements with the authorities of any county in this state to provide for the reception, detention, care, maintenance and employment of county prisoners convicted of a felony in the courts of this state who are awaiting sentencing and who, in the judgment of the sentencing court, pose an unusual security risk if they were to remain incarcerated in a local correctional facility pending sentencing. (2) Nothing in this section requires the Department of Corrections to incarcerate a county prisoner in a Department of Corrections facility. (3) A county prisoner poses an unusual security risk under this section if the prisoner poses a level of risk of violence or escape that exceeds the security level of the county facility. The risk of violence or escape may result from or be manifested by: (a) A history of violence against law enforcement or corrections employees; (b) A history of escape attempts; (c) Documented enemies in the county facility; or (d) A charge of aggravated murder. [1997 c.369 1] Note:
ORS Chapter 169 — Local and Regional

ORS 169.060. [Repealed by 1983 c.327 16]
ORS Chapter 169 — Local and Regional

ORS 169.070. Coordination of state services by Department of Corrections; inspections to determine compliance with standards. (1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059. (2) In carrying out its duties under subsection (1) of this section, the department may enter into agreements with public or private entities to conduct inspections of local correctional facilities, lockups, temporary holds and juvenile detention facilities. (3) When a county that operates a local correctional facility has conducted, or caused a public or private entity to conduct, an inspection of the local correctional facility within 24 months before an inspection would be conducted under subsection (1) of this section, the department is not required to conduct the next inspection required under subsection (1) of this section if: (a) The standards meet or exceed the standards established in ORS 169.076; (b) The inspection is conducted in a manner that allows the county to satisfy the requirement of paragraph (c) of this subsection; and (c) Within 45 days after the inspection is completed, the county provides to the department: (A) A statement or copy of the standards used to conduct the inspection and the date the standards were adopted; and (B) A portion of the findings and recommendations of the inspection that is the equivalent of the information that would have been obtained in an inspection conducted under subsection (1) of this section. (4) The information provided to the department under subsection (3) of this section is a public record for the purposes of ORS 192.311 to 192.478 and is subject to the same disclosure requirements and retention schedule that applies to an inspection conducted under subsection (1) of this section.
ORS Chapter 169 — Local and Regional

ORS 169.072. Provision of services or assistance by Department of Corrections through arrangements with local governments. (1) The Department of Corrections may enter into arrangements, contracts or agreements with local governments to provide services or other assistance to local governments with respect to local correctional facilities and juvenile detention facilities. Services and assistance provided to local governments under this section may include health care services and assistance, including providing pharmaceuticals, treatment services, transport services, training assistance, security assistance and tactical assistance. (2) An arrangement, contract or agreement entered into under subsection (1) of this section may authorize the use of department facilities, personnel, supplies, equipment or material in providing services or other assistance to local governments.
ORS Chapter 169 — Local and Regional

ORS 169.077. Standards for lockup facilities. Each lockup facility shall: (1) Maintain 24-hour supervision when persons are confined. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located. (2) Make a personal inspection of each person confined at least once each hour. (3) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility. (4) Ensure that confined detainees and prisoners will be fed daily at least three nutritionally adequate meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other such purposes. (5) Forward, without examination or censorship, each prisoners outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner. (6) Provide rules of the facility governing correspondence and visitations. (7) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. (8) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and policies and regulations for the operation of the facility. (9) Ensure that the facility be clean, provide mattresses and blankets that are clean and fire-retardant, and furnish materials to maintain personal hygiene. (10) Provide for emergency medical and dental health, having written policies providing for review of the facilitys medical and dental plans by a licensed physician, physician assistant, naturopathic physician or nurse practitioner. (11) In addition to the items listed in subsection (9) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following: (a) Regular absorbent and super absorbent tampons; (b) Regular absorbent and super absorbent sanitary pads; (c) Postpartum pads; and (d) Regular absorbent panty liners.
ORS Chapter 169 — Local and Regional

ORS 169.078. (1) The admission and release of juveniles to and from the facility and proper notification of the juveniles parent, guardian or other person responsible for the juvenile; (2) The use of physical restraints, physical force, chemical agents, internal searches and isolation of or upon a detained juvenile; (3) A detained juveniles access to medical and dental treatment, education, counseling and exercise; (4) Access to the facility by the public and news media; (5) Access to reading materials for detained juveniles; (6) Dress and groom code which will allow for individual identity of detained juveniles; (7) Access to visitation and telephone calls for a detained juvenile with family and friends; (8) Sanctions for violating rules of prisoner conduct made pursuant to ORS 169.076 (12) and procedures for fact-finding and imposition of discipline or punishment; and (9) Access to records and grievance procedures for complaints by the detained juvenile, the attorney of the detained juvenile, parent or guardian or other interested person as provided for in ORS 419A.255.
ORS Chapter 169 — Local and Regional

ORS 169.079. [1979 c.487 9 (enacted in lieu of 169.075); 1981 c.869 1; renumbered 169.740] ENFORCEMENT OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES
ORS Chapter 169 — Local and Regional

ORS 169.080. Effect of failure to comply with standards; enforcement by Attorney General; private action. (1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059, the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to ensure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections. (2) The provisions of ORS 169.076 to 169.078, 169.740, 419A.059, 419B.160 and 419C.130 shall be enforceable by the Attorney General of the State of Oregon. The Attorney General, at the request of the Department of Corrections, may bring suit or action and may seek declaratory judgment as provided in ORS chapter 28 as well as pursue any other form of suit or action provided under Oregon law. Nothing in this section precludes a private right of suit or action.
ORS Chapter 169 — Local and Regional

ORS 169.085. Submission of construction or renovation plans to Department of Corrections; recommendations by department. All plans of new construction or major renovation of local correctional facilities, lockups and juvenile detention facilities shall be submitted to the Department of Corrections for review and advisory recommendations to assist local governmental agencies to provide a safe and secure facility. The recommendations of the Department of Corrections shall be advisory and not binding upon the local governmental agency with the exception of those standards established in ORS 169.076 to 169.078, 169.740 and 419A.059. The Department of Corrections must notify the respective local governmental agency 45 days after submission of the plans of its recommendations on the proposed construction or major renovation of the local correctional facility.
ORS Chapter 169 — Local and Regional

ORS 169.090. Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation. (1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs Association, the Oregon Association Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor. (2) The Youth Development Council established by ORS 417.847 and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005. Guidelines shall be revised by the Youth Development Council and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the Youth Development Council may choose to publish and distribute the guidelines independently. [1973 c.740 6; 1981 c.869 7; 1987 c.320 97; 1993 c.18 28; 1993 c.676 40; 2001 c.517 5; 2001 c.904 1; 2001 c.905 2; 2003 c.14 68; 2012 c.37 108] TREATMENT OF PRISONERS
ORS Chapter 169 — Local and Regional

ORS 169.105. Unconscious person not to be admitted to custody in facility. No person who is unconscious shall be admitted to custody in a facility described in ORS
ORS Chapter 169 — Local and Regional

ORS 169.110. Time credit for good behavior. (1) Each prisoner convicted of an offense against the laws of this state, who is confined, in execution of the judgment or sentence upon conviction, including confinement imposed as a condition of probation pursuant to ORS 137.540, in a county local correctional facility in this state for a definite term, whose record of conduct shows that the prisoner has faithfully observed all the rules of the facility, is entitled, in the discretion of the sheriff or other officer having custody of such prisoner, to a deduction from the term of the sentence of the prisoner to be calculated as follows, commencing on the first day of the arrival of the prisoner at the facility to serve the sentence of the prisoner: (a) Upon a sentence of not less than 10 or more than 30 days, one day for each 10 days. (b) Upon a sentence of more than 30 days but not more than 90 days, three days for each 30-day period. (c) Upon a sentence of more than 90 days but not more than 180 days, four days for each 30-day period. (d) Upon a sentence of more than 180 days but not more than 270 days, five days for each 30-day period. (e) Upon a sentence of more than 270 days, six days for each 30-day period. (2)(a) Deductions under this section may be allowed for time served in an alternative sentencing facility operated pursuant to a community corrections plan if the county governing body authorizes the allowing of deductions. (b) For purposes of calculating deductions allowable under paragraph (a) of this subsection, each day served in the facility is counted as a day of confinement.
ORS Chapter 169 — Local and Regional

ORS 169.115. Temporary leave; rules. (1) Any prisoner serving a sentence in a county jail may be eligible for temporary leave for a period not to exceed 10 days for the purpose of visiting a seriously ill relative, attending the funeral of a relative, or obtaining medical services not otherwise available. (2) All requests for temporary leave must be presented to the sheriff for examination. Exemptions shall be restricted to those prisoners who are considered a possible threat to society, or those who pose a risk of not returning at the termination of such leave. (3) Upon determining that circumstances are suitable for a prisoner to be granted temporary leave, the sheriff may grant leave to the prisoner and fix the duration and conditions of the leave. (4) In adopting rules governing temporary leave, the sheriff shall consult with the Department of Corrections in an effort to establish statewide uniform rules governing temporary leave for county jail prisoners.