reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.649 - Provision of public services.

(1) The Department of Corrections shall obtain public services necessary for the construction and operation of a women’s correctional facility and intake center complex in the manner provided under ORS 421.628 (4) to (15).
(2) Regardless of the territorial limits of the public body providing public services to the complex, and notwithstanding any other law, upon request or application from the department, the public body shall provide any public service necessary for the construction and operation of the complex. During the pendency of any mediation, arbitration or judicial review proceeding under this section, the public body shall provide any public service necessary for the continued construction and operation of the complex, as requested by the department.
(3) The existence of a public service provided to the complex shall not be a consideration in support of or in opposition to an application for a land use decision, limited land use decision or expedited land division under ORS chapter 197, 197A, 215 or 227. [1999 c.982 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.651 - Prison Advisory Committee; duties.

(1) Within 60 days after August 20, 1999, the Director of the Department of Corrections shall form a Prison Advisory Committee. The committee shall meet to discuss, and make recommendations to the director about, potential construction and operational impacts of the women’s correctional facility and intake center complex. Impacts may include plans for buffering, lighting and noise mitigation to minimize intrusion into the privacy of surrounding residences. The director shall consider the recommendations and shall adopt such recommendations as practicable, considering safety, security and operational needs of the complex.
(2) The Department of Corrections shall maintain a policy or plan for notifying local jurisdictions and surrounding residents of escapes by an adult in custody and other incidents that, in the director’s judgment, may raise local safety concerns.
(3) Any decision made or action taken under this section is final and is not subject to judicial review. [1999 c.982 §11; 2019 c.213 §97]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.655 - Proceedings for review; consolidation; priority.

(1) To the extent practicable, the appropriate court shall consolidate any proceedings for review under ORS 421.635 to 421.657.
(2) A circuit court, the Court of Appeals and the Supreme Court shall give proceedings for review under ORS 421.635 to 421.657, and all appeals therefrom, priority over all other matters before the court.
(3) Except for proceedings on a petition for a writ of mandamus under ORS 421.645 (1) to (7), the circuit court may not issue an injunction or a stay in a proceeding under ORS 421.635 to 421.657. [1999 c.982 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.657 - Condemnation of property.

The condemnation of any real property required under ORS 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999, by the Department of Corrections, or on behalf of the department, shall be conducted according to the applicable provisions of ORS chapter 35. Amounts paid in just compensation for condemned real property shall be determined according to ORS 35.346. [1999 c.982 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.670 - Department disposal of sited property.

Notwithstanding ORS 421.611 to 421.630 or 421.635 to 421.657 or any action taken under ORS 421.611 to 421.630 or 421.635 to 421.657, the Department of Corrections may sell, lease, transfer or otherwise dispose of all or part of real property or any improvements to real property that have been sited for the construction or operation of a correctional facility. [2021 c.642 §4]
Note:
421.670 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.805 - Siting of branch institutions.

The Department of Corrections may establish and operate institutions, other domiciliary facilities or branches of existing Department of Corrections institutions or domiciliary facilities. Siting of such institutions, branches or domiciliary facilities must be done in accordance with statutes governing the siting or locating of correctional institutions. The institutions, branches or facilities shall be used for the care and custody of adults in custody assigned thereto and shall be operated to facilitate the return of the adults in custody to society. [1969 c.580 §2; 1983 c.740 §148; 1987 c.320 §209; 2019 c.213 §142]
Note:
421.805 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.990 - Penalties.

Violation of ORS 421.105 (2) is punishable in the same manner as if the individual injured unlawfully was not convicted or sentenced. [Amended by 1965 c.616 §76; 1981 c.380 §3; 1997 c.851 §13; 1999 c.955 §25; 2011 c.597 §193; 2015 c.342 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.010 - Definitions 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 ORS 421.005.
(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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.030 - Department not limited by ORS 423.020.

The enumeration of duties, functions and powers in ORS 423.020 is not exclusive nor intended as a limitation on the powers and authority vested in the Department of Corrections by other provisions of law. [1965 c.616 §3; 1969 c.597 §99; 1987 c.320 §211]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.035 - Application of ORS 411.171 (1).

ORS 411.171 (1) applies to the Department of Corrections. [Derived from 1987 c.781 §2]
Note:
423.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.045 - Handgun or ammunition on department property; no duty concerning parking area or compliance.

(1) The presence of a handgun or ammunition on property owned or occupied by the Department of Corrections pursuant to ORS 166.375 does not, by itself, constitute a failure by the department, State Board of Parole and Post-Prison Supervision or Oregon Corrections Enterprises to provide a safe workplace.
(2) The department, board and Oregon Corrections Enterprises and their officers, employees and agents do not have a duty:
(a) To patrol, inspect or secure any parking lot, parking garage or other parking area provided for employees or any privately owned vehicle located in the parking lot, parking garage or other parking area to ensure compliance with ORS 166.375; or
(b) To investigate, confirm or determine authorized staff’s compliance with laws, rules or policies related to the ownership or possession of a handgun or ammunition or the transportation and storage of a handgun or ammunition. [2015 c.246 §2]
Note:
423.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.055 - Provision of personal hygiene products.

The Department of Corrections institutions shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all persons confined in a Department of Corrections institution for use in connection with vaginal discharge. The Department of Corrections 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. [2019 c.489 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.070 - Deposit and disbursement of funds received under Western Interstate Corrections Compact.

All funds received by this state or by the Department of Corrections under a lawful contract with another party to the Western Interstate Corrections Compact made in compliance with Article III thereof, shall be paid into the State Treasury. The Director of the Department of Corrections shall expend these funds in compliance with the contract. [Formerly 179.122; 1987 c.320 §212]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.075 - Director; appointment; duties; rules.

(1) The Department of Corrections shall be under the supervision and control of a director who is responsible for providing for programs for the delivery to the public of the services assigned to the department, and for undertaking long-range planning necessary for the effective and efficient delivery of these services.
(2) The Governor shall appoint the director for a term of four years, but the director may be removed at any time during such term at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate 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 so provided, as may be fixed by the Governor, and shall be reimbursed for all expenses actually and necessarily incurred by the director in the performance of official duties.
(4) The director may appoint a deputy director, whose appointment is subject to approval 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, subject to directions of the director. The appointment of the deputy director shall be by 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 the Governor, organize and reorganize the department in whatever manner the director deems necessary to conduct the work of the department.
(b) Appoint all subordinate superintendents, officers and employees, whether classified or unclassified, of the department, prescribe their duties and fix their compensation, subject to applicable provisions of the State Personnel Relations Law.
(c) Delegate to departmental employees such responsibilities and authority as the director determines to be necessary.
(d) Provide for the safety of all prisoners in the custody of the department and may adopt rules for the government and administration of the department. [1987 c.320 §§2,3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.076 - Director’s authority to grant peace officer power to corrections officer.

(1) The Director of the Department of Corrections may grant to an individual corrections officer or classification of corrections officer all the powers and authority of a peace officer over adults in custody.
(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 adult in custody; and
(b) Go beyond the grounds of a correctional facility to:
(A) Pursue an adult in custody if the adult in custody is in the act of escaping from a correctional facility;
(B) Search for an adult in custody if the adult in custody is in the act of escaping from a correctional facility; and
(C) Recapture an adult in custody if the adult in custody is in the act of escaping from a correctional facility.
(3) A corrections officer who has been granted the authority of a peace officer under subsection (1) of this section shall retain the authority until the law enforcement agency having general jurisdiction over the area in which the escape or attempted escape of the adult in custody took place assumes responsibility for recapture of the adult in custody.
(4) The Department of Corrections shall inform the appropriate law enforcement agency of an escape or attempted escape of an adult in custody as soon as is reasonably practicable.
(5) As used in this section, "adult in custody" means a person sentenced to a period of incarceration in a prison or other correctional facility until such time as a lawful release authority authorizes the release of the person. [1991 c.879 §1; 2019 c.213 §98]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.077 - Certification of department employees to provide mental health services; rules.

(1) The Department of Corrections may certify employees of the department to provide mental health services to adults in custody in Department of Corrections institutions in accordance with standards established by the department by rule.
(2) As used in this section, "Department of Corrections institutions" has the meaning given that term in ORS 421.005. [2011 c.333 §1; 2019 c.213 §144]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.078 - Visitors; visiting status; administrative review of status changes; rules.

The Department of Corrections shall establish by rule an internal procedure for administrative review of decisions to revoke or restrict an approved visitor’s visiting status within a department facility. The department shall include in the internal procedure established under this section an opportunity for the person to obtain final administrative review of the disputed action from a department official who is assigned to the department’s central administration. [1999 c.679 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.085 - Administrator of Correctional Education.

(1) The Director of the Department of Corrections shall appoint an unclassified employee to the position of Administrator of Correctional Education.
(2) The Administrator of Correctional Education shall be employed full-time with authority over, and responsibility for, statewide corrections education programs. The administrator shall:
(a) Plan, design and implement the correctional education system required in ORS 421.081; and
(b) Recommend to the Director of the Department of Corrections rules as necessary to carry out the responsibilities of the office of Administrator of Correctional Education.
(3)(a) The Department of Corrections, through the Administrator of Correctional Education, may negotiate contracts with organizations and agencies to implement the provisions of ORS 421.081 and 421.084 and this section. The Department of Corrections, in discharging its duties under this section, shall honor provisions of existing collective bargaining agreements with current employees of the department that provide for contracting out.
(b) All moneys appropriated to the Department of Corrections for general, professional and technical education instruction shall be expended only for those purposes. [1977 c.435 §7; 1987 c.320 §213; 1989 c.363 §4; 1991 c.855 §1; 2007 c.15 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.090 - Establishment or designation of diagnostic facilities.

The Department of Corrections may establish or designate facilities to be used for diagnostic purposes for such categories of persons as the department may by rule assign to the facility. Such assignments shall not exceed 60 days in duration. [1967 c.585 §1; 1987 c.320 §214]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.093 - Reimbursement of expenses from prisoner; limitation.

Neither the Department of Corrections nor any city or county may seek reimbursement for expenses incurred in safekeeping and maintaining prisoners through a counterclaim or request for setoff in an action by a person against the department or the county or city. [2001 c.641 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.097 - Department of Corrections Account.

(1) The Department of Corrections Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments, proceeds from the issuance of certificates of participation and other moneys received by the Department of Corrections shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the department for purposes authorized by law.
(2) The department shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.
(3) The department may accept gifts, grants and donations from any source to carry out the duties imposed upon the department. [1999 c.909 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.100 - Revolving fund.

(1) On written request of the Department of Corrections, the Oregon Department of Administrative Services shall establish a revolving fund of not to exceed $15,000, including unreimbursed advances, by drawing warrants on amounts appropriated to the Department of Corrections for operating expenses. The revolving fund shall be deposited with the State Treasurer, to be held in a special account against which the department may draw checks.
(2) The revolving fund established under subsection (1) of this section may be used by the department to pay for:
(a) Travel expenses for employees of the department and for any consultants or advisors for whom payment of travel expenses is authorized by law, or advances therefor;
(b) Purchases not exceeding $100 each, which may be required from time to time;
(c) Receipt or disbursement of federal funds available under federal law;
(d) Emergency expenses of indigent adults in custody released on any form of temporary release or transitional leave; or
(e) Settlement of legal claims against the department in cases where immediate payment is necessary or advisable.
(3) The revolving fund shall be reimbursed by warrants drawn by the Oregon Department of Administrative Services upon the verified claims of the department charged against the appropriate fund or account. [1973 c.818 §5; 1974 c.13 §6; 1987 c.320 §215; 1989 c.790 §64; 2019 c.213 §145]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.110 - Acceptance of moneys for reentry services; subaccount established; grants to counties.

(1) The Department of Corrections may apply for and accept federal grants or moneys, as well as grants or other financial assistance from any other source, for the purpose of providing reentry support and services to offenders released on supervision.
(2) There is established in the Department of Corrections Account established under ORS 423.097 a subaccount consisting of all moneys accepted pursuant to subsection (1) of this section, which shall be deposited into the subaccount. All moneys in the subaccount are continuously appropriated to the department for the purpose of providing reentry support and services to offenders released on supervision and, if applicable, for specified purposes for which the grants, moneys or other financial assistance was provided to the department.
(3) The department may make grants to counties from moneys accepted pursuant to subsection (1) of this section for the purpose of providing counties with supplemental funding for reentry support and services for offenders released on supervision.
(4) As used in this section:
(a) "Offender" means a person sentenced to the legal and physical custody of the Department of Corrections; and
(b) "Reentry support and services" includes, but is not limited to, aid for housing and employment, vocational assistance, transportation services, treatment and access to physical or mental health care services, medications, mentoring and specialized supervision strategies. [2015 c.115 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.120 - Supplemental funding for reentry of young offenders.

(1) The Department of Corrections may enter into agreements or arrangements with counties for the purpose of providing counties with supplemental funding for the provision of reentry support and services to offenders who, before attaining 25 years of age, are released:
(a) On any form of transitional leave, work release or program of conditional or supervised release authorized by law;
(b) Due to a reduction in sentence; or
(c) On post-prison supervision.
(2) The department shall provide the supplemental funding to counties described in this section using funds appropriated to the department for that purpose.
(3) As used in this section, "offender" and "reentry support and services" have the meanings given those terms in ORS 423.110. [2017 c.150 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.160 - Bill of rights of children of incarcerated parents.

(1) The Department of Corrections shall, in cooperation with an existing public body, develop:
(a) Guidelines using the bill of rights described in subsection (2) of this section as a set of guiding principles for policy and procedure decisions that impact incarcerated individuals with children; and
(b) Policy and funding recommendations with partners that adhere to those guidelines.
(2) The bill of rights of children of incarcerated parents described in this section must recognize that each child of an incarcerated parent has certain essential rights, including but not limited to the following:
(a) To be protected from additional trauma at the time of parental arrest.
(b) To be informed of the arrest in an age-appropriate manner.
(c) To be heard and respected by decision makers when decisions are made about the child.
(d) To be considered when decisions are made about the child’s parent.
(e) To be cared for in the absence of the child’s parent in a way that prioritizes the child’s physical, mental and emotional needs.
(f) To speak with, see and touch the incarcerated parent.
(g) To be informed about local services and programs that can provide support to the child as the child deals with the parent’s incarceration.
(h) To not be judged, labeled or blamed for the parent’s incarceration.
(i) To have a lifelong relationship with the incarcerated parent. [2017 c.447 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.350

[1969 c.498 §4; 1971 c.401 §110; 1971 c.429 §1; 1981 c.171 §6; renumbered 419A.048 in 1997]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.405 - Qualifications for office; prohibited activities.

(1) The Corrections Ombudsman shall be a person of recognized judgment, objectivity and integrity who is qualified by training and experience to analyze problems of law enforcement, corrections administration and public policy.
(2) No person while serving as Corrections Ombudsman shall:
(a) Be actively involved in political party activities;
(b) Be a candidate for or hold other public office, whether elective or appointive; or
(c) Be engaged in any other full-time occupation, business or profession. [1977 c.378 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.410 - Term; reappointment.

The Corrections Ombudsman shall serve at the pleasure of the Governor for a term of four years. The Corrections Ombudsman may be reappointed for additional terms. [1977 c.378 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.415 - Deputy and additional officers and employees.

The Corrections Ombudsman may appoint a Deputy Ombudsman and any other subordinate officers and employees necessary to the performance of the duties of the ombudsman and shall prescribe their duties and fix their compensation. [1977 c.378 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.420 - General duties and powers; rules.

The Corrections Ombudsman shall have the power:
(1) To investigate, on complaint or on the ombudsman’s own motion, any action by the Department of Corrections or any employee thereof without regard to its finality;
(2) To adopt rules required for the discharge of the duties of office, including procedures for receiving and processing complaints, conducting investigations, and reporting findings, not inconsistent with ORS 423.400 to 423.450;
(3) To examine by subpoena the records and documents of the Department of Corrections or any employee thereof;
(4) To enter and inspect without notice any premises under the jurisdiction of the Department of Corrections;
(5) To subpoena any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to an inquiry;
(6) To undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as might lead to improvements in the functioning of the Department of Corrections;
(7) To bring suit in the Circuit Court for Marion County to enforce ORS 423.400 to 423.450;
(8) To establish and administer a budget for the office; and
(9) To strengthen procedures and practices which lessen the possibility that objectionable corrections actions will occur. [1977 c.378 §5; 1987 c.320 §216]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.425 - Investigatory authority.

(1) The Corrections Ombudsman shall investigate, on complaint or on the ombudsman’s own motion, any corrections action that is or is alleged to be:
(a) Contrary to or inconsistent with law or Department of Corrections practice;
(b) Based on mistaken facts or irrelevant considerations;
(c) Inadequately explained when reasons should have been revealed;
(d) Inefficiently performed; or
(e) Unreasonable, unfair, or otherwise objectionable, even though in accordance with law.
(2) Notwithstanding subsection (1) of this section, the Corrections Ombudsman may decide not to investigate because:
(a) The complainant could reasonably be expected to use a different administrative remedy or action;
(b) The complaint is trivial, frivolous, vexatious or not made in good faith; or
(c) The complaint has been too long delayed to justify present examination. [1977 c.378 §6; 1987 c.320 §217]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.430 - Investigative priority; confidentiality of matters; charging fees prohibited.

The Corrections Ombudsman shall:
(1) Give priority to investigating administrative actions that are not otherwise reviewable by either administrative or judicial action;
(2) Treat confidentially all matters and the identities of the complainants or witnesses coming before the ombudsman; and
(3) Not levy any fees for the submission or investigation of complaints. [1977 c.378 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.435 - Recommendations following investigation; notice from Department of Corrections of action taken; notice to Legislative Assembly of recommended statutory changes.

(1) After investigation of any action, the Corrections Ombudsman shall state the recommendations and reasons if, in the ombudsman’s opinion, the Department of Corrections or any employee thereof should:
(a) Consider the matter further;
(b) Modify or cancel any action;
(c) Alter a rule, practice or ruling;
(d) Explain more fully the administrative action in question;
(e) Rectify an omission; or
(f) Take any other action.
(2) If the Corrections Ombudsman so requests, the Department of Corrections shall, within the time specified, inform the ombudsman about the action taken on the recommendations or the reasons for not complying with them. After a reasonable period of time has elapsed, the Corrections Ombudsman may issue a report.
(3) If the Corrections Ombudsman believes that any action has been dictated by laws whose results are unfair or otherwise objectionable, and could be revised by legislative action, the ombudsman shall bring to notice of the Legislative Assembly any views concerning desirable statutory change. [1977 c.378 §8; 1987 c.320 §218]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.440 - Letters between ombudsman and persons in custody; immunity of complainants and ombudsman; privilege against giving evidence or testifying.

(1) A letter to the Corrections Ombudsman from a person held in custody, including by detention, incarceration and hospitalization, by the Department of Corrections shall be forwarded immediately, unopened, to the Corrections Ombudsman. A letter from the Corrections Ombudsman to such person shall be immediately delivered, unopened, to the person.
(2) No person who files a complaint pursuant to ORS 423.400 to 423.450 shall be subject to any penalties, sanctions or restrictions because of such complaint.
(3) The Corrections Ombudsman and the staff of the office shall have the same immunities from civil and criminal liabilities as a judge of this state.
(4) The Corrections Ombudsman and the staff of the ombudsman shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of their official duties except as may be necessary to enforce ORS 423.400 to 423.450. [1977 c.378 §9; 1987 c.320 §219]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.445 - Witness rights; fees; expenses of state agency personnel.

(1) Any person required to testify under ORS 423.400 to 423.450 shall be accorded the same privileges and immunities, receive the same fees and mileage and be subject to the same penalties provided in ORS 183.440.
(2) The fees and mileage shall be paid by warrant upon the State Treasurer upon the certificate of the Corrections Ombudsman. No tender of witness fees or mileage in advance shall be necessary.
(3) Notwithstanding subsection (1) of this section, a representative of a state agency shall receive actual necessary traveling expenses only. [1977 c.378 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.450 - Contempt proceedings against person interfering with ombudsman.

If any person willfully obstructs or hinders the proper and lawful exercise of the Corrections Ombudsman’s powers, or willfully misleads or attempts to mislead the Corrections Ombudsman in inquiries under ORS 423.400 to 423.450, the judge of the Circuit Court for Marion County, on application of the ombudsman, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1977 c.378 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.475 - Findings.

The Legislative Assembly finds and declares that:
(1) Passage by the voters of chapter 2, Oregon Laws 1995, has created mandatory minimum penalties for certain violent offenses, and the probable effect thereof will be a significant increase in the demands placed on state secure facilities.
(2) These demands are a shared responsibility of the State of Oregon and its county governments. The state recognizes that it is in a better position than counties to assume responsibility for serious violent offenders and career property offenders.
(3) Counties are willing, in the context of a partnership with the state, to assume responsibility for felony offenders sentenced to a term of incarceration of 12 months or less.
(4) Under the terms of the partnership agreement, the counties agree to assume responsibility for the offenders described in subsection (3) of this section, subject to the state agreeing to provide adequate funding to the counties for this responsibility.
(5) The amendments to statutes made by sections 1a to 5, 7, 8, 9a, 9b, 9c, 10 to 14, 17 to 19 and 22 to 29, chapter 423, Oregon Laws 1995, and the provisions of ORS 423.478, 423.483 and 423.549 and section 5a, chapter 423, Oregon Laws 1995, are intended to acknowledge and implement the terms of the partnership between the state and the counties. [1995 c.423 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.480 - Adoption of supervision rules.

The Department of Corrections, in consultation with county community corrections agencies, community members, including persons currently or formerly under supervision, and organizations that provide culturally specific services, shall adopt rules for standards concerning the location of supervision visits, the frequency of visits and the manner of reporting, for persons on supervision. The rules must take into account evidence-based practices and must require consideration of the risks, needs and responsivity of each supervised person and the goals for completion of supervision. The rules must include a reporting process that is designed to minimize disruptions to the life of the supervised person and avoid unnecessary hardships, while offering the supervised person a broad array of reporting options, and that is focused on the success of the person on supervision. [2022 c.78 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.486 - Costs incurred by county; rules.

(1) Beginning in 2012, and every six years thereafter, the Department of Corrections shall conduct a study to determine the actual costs incurred by each county of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2).
(2) The department may adopt rules to carry out the provisions of this section. [2009 c.168 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.490 - Department reimbursement of counties for costs incurred pursuant to ORS 813.011; rules.

(1) The Legislative Assembly finds and declares that:
(a) In November of 2010, the voters enacted ORS 813.011, which directed the state to fully reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, including the costs of pretrial incarceration.
(b) Different counties incur different costs of incarceration and many counties incur different costs for different adults in custody within the same facility.
(c) The Legislative Assembly intends to honor the direction given by the voters while also creating an efficient and effective means by which to do so.
(d) Counties and the Department of Corrections have previously agreed that the calculated rate at which the department provides moneys to counties under ORS 423.530 for persons sentenced to 12 months or less incarceration is an efficient and effective means by which to reimburse counties for the costs of their incarceration.
(2) The department shall reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, including the costs of pretrial incarceration.
(3) The department shall adopt rules prescribing the manner in which a county may submit a claim for reimbursement under this section. The reimbursement shall be calculated using the rate at which the department provides moneys to counties under ORS 423.530 for persons sentenced to 12 months or less incarceration.
(4) Reimbursements made to counties under this section must be made from moneys appropriated to the department for that purpose. [2011 c.598 §3; 2019 c.213 §146]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.497 - National criminal history check.

(1) During the intake process, each county shall conduct a national criminal history check on every person incarcerated in the county correctional facility.
(2) The county shall develop policies and procedures to ensure that the results of the national criminal history check are received before an adult in custody is released.
(3) The state shall reimburse each county for the costs of conducting the national criminal history checks. [2008 c.35 §7; 2019 c.213 §100]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.500 - Definitions for ORS 423.500 to 423.560.

As used in ORS 423.500 to 423.560, unless the context requires otherwise:
(1) "Director" means the Director of the Department of Corrections.
(2) "Department" means the Department of Corrections.
(3) "Plan" means the biennial community corrections plan required by ORS 423.535. [1977 c.412 §1a; 1979 c.160 §2; 1987 c.320 §220; 1995 c.423 §1a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.505 - Legislative policy on program funding.

Because counties are in the best position for the management, oversight and administration of local criminal justice matters and for determining local resource priorities, it is declared to be the legislative policy of this state to establish an ongoing partnership between the state and counties and to finance with appropriations from the General Fund statewide community correction programs on a continuing basis. The intended purposes of this program are to:
(1) Provide appropriate sentencing and sanctioning options including incarceration, community supervision and services;
(2) Provide improved local services for persons charged with criminal offenses with the goal of reducing the occurrence of repeat criminal offenses;
(3) Promote local control and management of community corrections programs;
(4) Promote the use of the most effective criminal sanctions necessary to protect public safety, administer punishment to the offender and rehabilitate the offender;
(5) Enhance, increase and support the state and county partnership in the management of offenders; and
(6) Enhance, increase and encourage a greater role for local government and the local criminal justice system in the planning and implementation of local public safety policies. [1977 c.412 §1; 1989 c.607 §1; 1995 c.423 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.520 - Financial grants to counties for community corrections programs.

The Department of Corrections shall make grants to assist counties in the implementation and operation of community corrections programs including, but not limited to, preventive or diversionary correctional programs, probation, parole, work release and local correctional facilities and programs for offenders. The department shall require recipients of the grants to cooperate, to the extent of available information systems resources, in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct. [1977 c.412 §5; 1987 c.320 §221; 1995 c.423 §3; 1997 c.433 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.530 - Procedure for determining amount of financial grants; rules.

(1) Financial grants for community corrections pursuant to ORS 423.500 to 423.560 consist of the Grant-in-Aid Program. The Grant-in-Aid Program consists of moneys appropriated to the Department of Corrections for the purposes of management, support services and supervision of offenders described in ORS 423.478 (2). The department shall determine, prior to July 1 of each odd-numbered year, each county’s percentage share of the amount appropriated for the purposes of this subsection. Such determination shall be based upon a weighted formula of workload and population as adopted by the department by rule. In adopting the rule, the department shall consult with a broad based committee including, but not limited to, representatives of the Department of Corrections, local county community corrections, county boards of commissioners and county sheriffs.
(2) Funding received by a county pursuant to ORS 423.500 to 423.560 approved for county corrections programs shall not be reduced by the department except by action of the Legislative Assembly or the Emergency Board. Such reductions shall be made proportionately using the applicable allocation formula. [1977 c.412 §7; 1979 c.160 §1; 1985 c.708 §1; 1987 c.320 §223; 1989 c.613 §1; 1989 c.790 §66; 1993 c.680 §1; 1995 c.423 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.535 - Biennial community corrections plan required; county authority to contract for services.

(1) Prior to receiving funds, the county shall have a biennial community corrections plan.
(2) The county and the Department of Corrections shall enter into an intergovernmental agreement referring to the plan.
(3) The county may contract with public or private agencies including, but not limited to, other counties, cities, special districts and public or private agencies for the provision of services to offenders. [1977 c.412 §13; 1987 c.320 §224; 1989 c.613 §2; 1995 c.423 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.540 - Program compliance review by Director of Department of Corrections; effect of failure to comply.

The Director of the Department of Corrections shall biennially review a county’s compliance with the intergovernmental agreement under ORS 423.500 to 423.560. A county must substantially comply with the provisions of its community corrections intergovernmental agreement and plan established pursuant to ORS 423.525 (7). If the director determines that there are reasonable grounds to believe that a county is not in substantial compliance with the intergovernmental agreement or plan, the director shall contact the county regarding the alleged noncompliance and offer technical assistance to reach compliance. If the county does not resolve the alleged noncompliance, the director shall, after giving the county not less than 30 days’ notice, conduct a hearing to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. After technical assistance is provided and the hearing occurs, the director may suspend any portion of the funding made available to the county under ORS 423.500 to 423.560 until the required compliance occurs. [1977 c.412 §8; 1979 c.487 §14; 1987 c.320 §225; 1995 c.423 §8; 1997 c.715 §5; 2017 c.302 §1]