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

ORS 169.635. Provision of personal hygiene products. Regional correctional facilities shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all 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: (1) Regular absorbent and super absorbent tampons; (2) Regular absorbent and super absorbent sanitary pads; (3) Postpartum pads; and (4) Regular absorbent panty liners.
ORS Chapter 169 — Local and Regional

ORS 169.640. Status of facility for custody of misdemeanants and violators. (1) For purposes of sentencing and custody of a misdemeanant, a regional correctional facility shall be considered a county local correctional facility. (2) For purposes of sentencing or custody of a person for violating a city ordinance, the regional correctional facility shall be considered a city local correctional facility.
ORS Chapter 169 — Local and Regional

ORS 169.650. Status of facility operated by Department of Corrections. A regional correctional facility operated under agreement by the Department of Corrections is not a state institution but it may be located in the same buildings as are used for a facility authorized by ORS 421.805.
ORS Chapter 169 — Local and Regional

ORS 169.660. Status of persons confined in facility operated by Department of Corrections; assignment to regional facility. (1) Persons confined in a regional correctional facility operated by the Department of Corrections shall be considered to be in the custody of the department and shall be subject to such rules as the department may prescribe. (2) Persons committed to the custody of the Department of Corrections may be assigned to Department of Corrections bedspace at a regional correctional facility when the department is a party to the operation of the facility. Prisoners so assigned are subject to such rules as the department may prescribe and shall be considered to remain in the custody of the department regardless of whether, pursuant to agreement, the regional correctional facility is or is not under the actual administration of the department.
ORS Chapter 169 — Local and Regional

ORS 169.670. Transfer of persons to facility operated by Department of Corrections; costs; return; exception. Whenever the governing body of a county or city transfers a misdemeanant or violator or a person with pretrial or post-trial status to a regional correctional facility operated by the Department of Corrections, the county or city shall pay the cost of transportation to and from the facility and other expenses incidental thereto, including the expenses of law enforcement officers accompanying the misdemeanant, violator or person with pretrial or post-trial status. The Department of Corrections shall cause at the expense of the county or city, each misdemeanant, violator or person with pretrial or post-trial status transferred to its custody under ORS 169.660 to be returned upon request of the governing body of the county or city. However, such return is not required when the release is pursuant to work release or parole where other arrangements have been made for the placement of the misdemeanant, violator or person with pretrial or post-trial status.
ORS Chapter 169 — Local and Regional

ORS 169.673. Conversion of state correctional institutions into regional correctional facilities. (1) The Department of Corrections shall negotiate with Marion County and Umatilla County, respectively, the conversion of Oregon State Correctional Institution and Eastern Oregon Correctional Institution into regional correctional facilities to house both state and county prisoners. The department shall include in the negotiations any other nearby counties desiring to participate in the operation of the regional correctional facility. (2) If agreement is reached with Marion County, in the case of the Oregon State Correctional Institution, and with Umatilla County, in the case of Eastern Oregon Correctional Institution, the department shall proceed to operate those institutions, or either of them as to which agreement is negotiated, as regional correctional facilities according to the terms of the agreement.
ORS Chapter 169 — Local and Regional

ORS 169.677. Converted facilities to house felony or misdemeanant prisoners. If a Department of Corrections institution is made to operate as a regional correctional facility pursuant to agreement under ORS 169.673, the purposes of the institution shall include the imprisonment of either felony or misdemeanant prisoners, or both, of the parties to the agreement under which the facility is operated.
ORS Chapter 169 — Local and Regional

ORS 169.680. [1971 c.636 8; repealed by 1985 c.708 9] PROVISION OF CORRECTIONAL FACILITY TELEPHONE SERVICES
ORS Chapter 169 — Local and Regional

ORS 169.681. Limit on telephone service provider fee or commission; quarterly report; rules. (1) An inmate telephone service provider may not provide a fee or commission to a local or regional correctional facility, city or county for the provision of inmate telephone services other than a fee of five cents per minute or less, or other amount authorized by the Public Utility Commission by rule, for completed interstate, intrastate or international calls. (2) The per-minute rate limits described in ORS 169.683 apply to the fee described in subsection (1) of this section. (3) Any fee or commission received by a local or regional correctional facility, city or county under subsection (1) of this section must be deposited in the Inmate Welfare Fund Account, established under ORS 169.685, of the city or county receiving the fee or commission, or of the city or county in which the correctional facility receiving the fee or commission is located. (4)(a) A local or regional correctional facility, city or county that receives a fee or commission described in subsection (1) of this section shall prepare a quarterly report with the following information: (A) A monthly accounting of the total revenue received from the inmate telephone service provider; (B) The total per-minute fees received; (C) The share of revenue received by the correctional facility, city or county; and (D) A detailed list of expenditures during the previous quarter from the Inmate Welfare Fund Account established under ORS 169.685. (b) The correctional facility, city or county shall make the report described in paragraph (a) of this subsection available to the public and shall place a link to the report on the website of the correctional facility, city or county. (5) The Public Utility Commission may adopt rules to carry out the provisions of this section, including rules that authorize fees in an amount other than that described in subsection (1) of this section. (6) As used in this section, regional correctional facility has the meaning given that term in ORS 169.620.
ORS Chapter 169 — Local and Regional

ORS 169.685. Inmate Welfare Fund Account. (1) A city or county that maintains a local or regional correctional facility shall establish an Inmate Welfare Fund Account, separate and distinct from the general fund of the city or county. All moneys in the account may be expended only for inmate welfare and may not be used for regular inmate meals, inmate clothing, inmate medical care, facility maintenance or staff salaries, staff clothing or staff equipment. (2) As used in this section: (a) Inmate welfare means items or programs that enhance the lives of inmates, including but not limited to education programs, job training programs, drug and alcohol treatment programs, exercise equipment, televisions, cable subscriptions, electronic law library access, magazine subscriptions, books, board games, microwaves available for inmate use and meals or other foods provided for special events. (b) Regional correctional facility has the meaning given that term in ORS
ORS Chapter 169 — Local and Regional

ORS 169.690. Establishment of halfway houses and other facilities; advice of facility advisory subcommittee of local public safety coordinating council. (1)(a) Before the Department of Corrections, Department of Human Services, Oregon Health Authority, Oregon Youth Authority or any city, county or other public agency establishes a facility described in paragraph (b) of this subsection, the city, county, department, authority or agency shall fully inform the local public safety coordinating council convened under ORS 423.560 of the following: (A) The proposed location, estimated population size and use of the facility; (B) The proposed number and qualifications of resident professional staff at the facility; (C) The proposed rules of conduct for residents of the facility; and (D) Other relevant information that the city, county, department, authority or agency responsible for establishing the facility considers appropriate or that the council requests. Nothing in this subparagraph authorizes the disclosure of information that is protected under state or federal law. (b) The facilities to which paragraph (a) of this subsection applies are: (A) Halfway houses, work release centers or any other domiciliary facilities for persons released from any penal or correctional facility but still in the custody of the city, county or public agency; (B) Youth care centers or other facilities authorized to accept adjudicated youths under ORS 419C.478; and (C) Residential treatment homes and residential treatment facilities, as those terms are defined in ORS 443.400, for persons who, as a condition of release under ORS 161.315 to 161.351, are required to live in a secure home or facility. (2) The facility advisory subcommittee of the local public safety coordinating council shall advise the city, county, department, authority or agency responsible for establishing the facility as to the suitability of the proposed facility and may suggest changes in the proposal submitted under subsection (1) of this section. The advice shall: (a) Be in writing; (b) Represent the view of the majority of the subcommittee; and (c) Be provided to the city, county, department, authority or agency no more than 60 days after receiving the information described in subsection (1) of this section. (3) If the city, county, department, authority or agency responsible for establishing the facility rejects any of the advice of the facility advisory subcommittee, it must submit its reasons in writing to the subcommittee. (4) This section does not apply if a board of county commissioners has failed to convene a local public safety coordinating council. (5) As used in this section: (a) Establishes includes entering into a contract to provide for the operation of a facility described in subsection (1)(b) of this section. (b) Secure home or facility has the meaning given that term in rules adopted by the Oregon Health Authority. [1975 c.367 1; 1977 c.381 1; 1987 c.320 105; 1999 c.763 1; 2009 c.595 117; 2009 c.828 38; 2021 c.489 16] JUVENILE DETENTION FACILITIES
ORS Chapter 169 — Local and Regional

ORS 169.730. Definitions for ORS 169.740 to 169.760. As used in ORS 169.740 to 169.760: (1) Isolation means confinement of a juvenile in any room which lacks toilet facilities, furniture, reading and recreation materials or access to light and air comparable to that in other rooms used for the detention of juveniles. (2) Roomlock means confinement of a juvenile in any sleeping room, other than an isolation room, except during regular sleeping periods; except that, in the case of facilities serving counties with a population less than 70,000, based on the 1980 census, roomlock does not include confining a juvenile in a sleeping room when all detained juveniles of the same sex are similarly confined due solely to the limitations of physical facilities or staff.
ORS Chapter 169 — Local and Regional

ORS 169.760. Juvenile detention facilities to establish written policy. All juvenile detention facilities, within six months following November 1, 1981, shall have established comprehensive written policies providing for the least restrictive alternative consistent with the safety and security of the facility, ORS 169.076,
ORS Chapter 169 — Local and Regional

ORS 169.770. Release of detained juvenile when detention facility violates standards. Notwithstanding the procedures set out in ORS 169.080 and 419A.061, the juvenile court in which venue lies pursuant to 419B.100 or 419C.005 shall, upon motion of any party or on its own motion, and after prompt hearing, release any juvenile detained in a facility which violates ORS 169.076 (7) to (11) or (13) to (15), 169.740 or
ORS Chapter 169 — Local and Regional

ORS 169.800. Detention of juveniles before conviction and execution of sentence. Notwithstanding a waiver order under ORS 419C.349, 419C.352, 419C.364 or 419C.370, if a person under 16 years of age is detained prior to conviction or after conviction but prior to execution of sentence, such detention shall be in a facility used by the county for detention of juveniles.
ORS Chapter 174 — Construction of Statutes;

ORS 174.010. General rule for construction of statutes. In the construction of a statute, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars such construction is, if possible, to be adopted as will give effect to all.
ORS Chapter 174 — Construction of Statutes;

ORS 174.020. Legislative intent; general and particular provisions; consideration of legislative history. (1)(a) In the construction of a statute, a court shall pursue the intention of the legislature if possible. (b) To assist a court in its construction of a statute, a party may offer the legislative history of the statute. (2) When a general provision and a particular provision are inconsistent, the latter is paramount to the former so that a particular intent controls a general intent that is inconsistent with the particular intent. (3) A court may limit its consideration of legislative history to the information that the parties provide to the court. A court shall give the weight to the legislative history that the court considers to be appropriate.
ORS Chapter 174 — Construction of Statutes;

ORS 174.030. Construction favoring natural right to prevail. Where a statute is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to prevail.
ORS Chapter 174 — Construction of Statutes;

ORS 174.040. Severability. It shall be considered that it is the legislative intent, in the enactment of any statute, that if any part of the statute is held unconstitutional, the remaining parts shall remain in force unless: (1) The statute provides otherwise; (2) The remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that the remaining parts would not have been enacted without the unconstitutional part; or (3) The remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.
ORS Chapter 174 — Construction of Statutes;

ORS 174.050. [Repealed by 1983 c.740 41]
ORS Chapter 174 — Construction of Statutes;

ORS 174.060. Effect of amendment of statute adopted by reference. When one statute refers to another, either by general or by specific reference or designation, the reference shall extend to and include, in addition to the statute to which reference was made, amendments thereto and statutes enacted expressly in lieu thereof unless a contrary intent is expressed specifically or unless the amendment to, or statute enacted in lieu of, the statute referred to is substantially different in the nature of its essential provisions from what the statute to which reference was made was when the statute making the reference was enacted.
ORS Chapter 174 — Construction of Statutes;

ORS 174.070. Effect of repeal of validating or curative Act. The repeal of a validating or curative Act shall not affect any validation or cure theretofore accomplished.
ORS Chapter 174 — Construction of Statutes;

ORS 174.080. Effect of repeal of repealing Act. Whenever a statute which repealed a former statute, either expressly or by implication, is repealed, the former statute shall not thereby be revived unless it is expressly so provided.
ORS Chapter 174 — Construction of Statutes;

ORS 174.090. Effect of repeal of repealing constitutional provision. Whenever a constitutional provision which repeals or suspends in whole or in part a former constitutional provision, either expressly or by implication, is repealed, the former constitutional provision so repealed or suspended thereby shall not be revived unless it expressly is so provided. GENERAL DEFINITIONS (Miscellaneous)
ORS Chapter 174 — Construction of Statutes;

ORS 174.100. Definitions. As used in the statute laws of this state, unless the context or a specially applicable definition requires otherwise: (1) Any other state includes any state and the District of Columbia. (2) City includes any incorporated village or town. (3) County court includes board of county commissioners. (4) Gender identity means an individuals gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. (5) Husband and wife, husband or wife, husband or wife means spouses or a spouse in a marriage. (6) May not and shall not are equivalent expressions of an absolute prohibition. (7) Person includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. (8) Sexual orientation means an individuals actual or perceived heterosexuality, homosexuality or bisexuality. (9) State Treasury includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. (10) To means to and including when used in a reference to a series of statute sections, subsections or paragraphs. (11) United States includes territories, outlying possessions and the District of Columbia. (12) Violate includes failure to comply.
ORS Chapter 174 — Construction of Statutes;

ORS 174.101. Manufactured structure, recreational vehicle defined. (1) As used in the statutes of this state, manufactured structure has the meaning given that term in this section only if the statute using manufactured structure makes specific reference to this section and indicates that the term used has the meaning given in this section. As used in the statutes of this state, recreational vehicle has the meaning given that term in this section only if the statute using recreational vehicle makes specific reference to this section and thereby indicates that the term used has the meaning given in this section. (2) Manufactured structure means a manufactured dwelling, as defined in ORS 446.003, or a recreational vehicle, as defined in this section. (3) Recreational vehicle means a vehicle with or without motive power that is designed for use as temporary living quarters and as further defined by rule by the Director of Transportation.
ORS Chapter 174 — Construction of Statutes;

ORS 174.102. Agricultural commodity, agricultural product defined; harvesting or baling of straw as farming practice. As used in the statute laws of this state and in any administrative rule adopted pursuant thereto unless the context or a specifically applicable definition requires otherwise: (1) The term agricultural commodity or agricultural product includes straw. (2) The harvesting or baling of straw is a farming practice.
ORS Chapter 174 — Construction of Statutes;

ORS 174.104. Public notice defined. As used in the statute laws of this state, unless the context or a specially applicable definition requires otherwise, public notice means any legal publication which requires an affidavit of publication as required in ORS 193.070, or is required by law to be published. [Formerly subsection (1) of 193.010]
ORS Chapter 174 — Construction of Statutes;

ORS 174.107. Person with a disability defined. (1) As used in the statute laws of this state, person with a disability means any person who: (a) Has a physical or mental impairment which substantially limits one or more major life activities; (b) Has a record of such an impairment; or (c) Is regarded as having such an impairment. (2) Specific types of disabilities shall be considered subcategories under the definition of person with a disability. [1989 c.224 2a; 2003 c.14 70; 2007 c.70 39] (Public Bodies)
ORS Chapter 174 — Construction of Statutes;

ORS 174.108. statute makes specific reference to the provision of ORS 174.108 to 174.118 that defines the term and indicates that the term has the meaning specified in that provision. (3) None of the terms defined in ORS 174.108 to 174.118 includes the Oregon Health and Science University, the Oregon State Bar, any intergovernmental entity formed by a public body with another state or with a political subdivision of another state, or any intergovernmental entity formed by a public body with an agency of the federal government.
ORS Chapter 174 — Construction of Statutes;

ORS 174.109. Public body defined. Subject to ORS 174.108, as used in the statutes of this state public body means state government bodies, local government bodies and special government bodies.
ORS Chapter 174 — Construction of Statutes;

ORS 174.110. [Renumbered
ORS Chapter 174 — Construction of Statutes;

ORS 174.111. State government defined. Subject to ORS 174.108, as used in the statutes of this state state government means the executive department, the judicial department and the legislative department.
ORS Chapter 174 — Construction of Statutes;

ORS 174.112. Executive department defined. (1) Subject to ORS 174.108, as used in the statutes of this state executive department means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not: (a) In the judicial department or the legislative department; (b) Local governments; or (c) Special government bodies. (2) Subject to ORS 174.108, as used in the statutes of this state executive department includes: (a) An entity created by statute for the purpose of giving advice only to the executive department and that does not have members who are officers or employees of the judicial department or legislative department; (b) An entity created by the executive department for the purpose of giving advice to the executive department, if the document creating the entity indicates that the entity is a public body; and (c) Any entity created by the executive department other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the executive department.