reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.420 - Use of labor of adults in custody to clear unimproved land.

The Department of Corrections may enter into a contract with any person whom it considers advisable in connection with a Department of Corrections institution for employment of adults in custody therein in clearing unimproved land in the state. [Amended by 1959 c.687 §23; 1965 c.616 §71; 1987 c.320 §199; 2019 c.213 §86]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.423 - Use of labor of adults in custody for electrical or plumbing work.

Notwithstanding any other law, an adult in the custody of the Department of Corrections may not perform electrical or plumbing work unless under the direct supervision of a licensed electrician or plumber who is a regular status employee of the department or of Oregon Corrections Enterprises. An adult in custody may perform electrical or plumbing work only at a facility owned, leased or operated by the department. [2013 c.328 §2; 2017 c.41 §1; 2019 c.213 §87]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.437 - Compensation of adults in custody; rules.

(1) Adults in custody who participate in programs operated by the Department of Corrections or Oregon Corrections Enterprises shall be permitted to retain a portion of compensation earned, if any, for their personal use as determined and established by the Director of the Department of Corrections by rule. The director shall ensure that the rules adopted under this section are designed to:
(a) Instill a viable work ethic;
(b) Emulate private gainful employment;
(c) Encourage productivity; or
(d) Maintain the safe, secure and orderly operation and management of department facilities.
(2) Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by adults in custody, the rules adopted under subsection (1) of this section may not authorize adults in custody engaged in prison work programs to retain for their personal use more than 20 percent of gross compensation paid. [1997 c.851 §11; 1999 c.955 §20; 2019 c.213 §88]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.438 - Authority to enter into contracts concerning certain operations and programs.

(1) The Department of Corrections may enter into contracts for the purchase or other acquisition, transfer or disposition of supplies, materials, equipment, products and other personal property, and services for the following prison operations and programs:
(a) Prison work and on-the-job training programs;
(b) Forest and work camps established under ORS chapter 421;
(c) Farm and agricultural operations and programs;
(d) Food services operations and programs; and
(e) Facility or property maintenance operations and programs.
(2) Notwithstanding ORS 179.040 or any other law, the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to contracts entered into by the department under this section. [1995 c.384 §17; 1997 c.802 §19; 1997 c.851 §4; 2003 c.794 §280]
Note:
421.438 and 421.442 were enacted into law by the Legislative Assembly but were 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 421.444 - Intellectual property; acquisition and development.

(1) The Department of Corrections and Oregon Corrections Enterprises each may acquire or develop intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, trademarks, inventions, discoveries, processes and ideas.
(2) The department and Oregon Corrections Enterprises each may manage, license, market, develop or dispose of its intellectual property, in whole or in part, in any manner deemed by the department or Oregon Corrections Enterprises to be advisable for implementing, maintaining and developing prison work programs.
(3) Money received by the department or Oregon Corrections Enterprises as a result of its use, ownership, disposal or management of property acquired under this section or of transactions regarding such property shall be deposited in accounts maintained by the department or Oregon Corrections Enterprises as authorized by law. [1997 c.851 §12; 1999 c.955 §21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.445 - Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program; agreements.

(1) Notwithstanding any other law, adults in custody participating in a program operated by the Department of Corrections or Oregon Corrections Enterprises may be supervised by an employee or agent of a local, state or federal governmental agency pursuant to an agreement between the agency and the department or the agency and Oregon Corrections Enterprises. An agreement entered into under this section must require that the person exercising custodial supervision over adults in custody receive security training approved and provided by the department.
(2) As used in this section, "local, state or federal governmental agency" includes Oregon Corrections Enterprises if the agreement under this section is entered into between Oregon Corrections Enterprises and the department. [1997 c.851 §18; 1999 c.955 §22; 2013 c.229 §12; 2017 c.41 §2; 2019 c.213 §139]
Note:
421.445 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 421.450 - Definitions for ORS 421.455 to 421.480.

As used in ORS 421.455 to 421.480, unless the context requires otherwise:
(1) "Local adult in custody" means a person sentenced by a court or legal authority to serve sentence in a county or city jail, but does not include a child detained by order of the juvenile court.
(2) "State adult in custody" means an adult in custody of a Department of Corrections institution. [1967 c.504 §2; 1987 c.320 §200; 2019 c.213 §90]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.455 - Forest work camps; restrictions on placement at camps.

(1) The Director of the Department of Corrections shall establish at places in state forests recommended by the State Board of Forestry one or more forest work camps at which state adults in custody and local adults in custody may be employed. Only such state adults in custody as are determined by the Department of Corrections to require minimum security may be placed at a forest work camp, but the Department of Corrections may not place an adult in custody at a forest work camp if the department is aware that the adult in custody has ever been convicted of:
(a) Rape in the first degree, as described in ORS 163.375.
(b) Rape in the second degree, as described in ORS 163.365.
(c) Rape in the third degree, as described in ORS 163.355.
(d) Sodomy in the first degree, as described in ORS 163.405.
(e) Sodomy in the second degree, as described in ORS 163.395.
(f) Sodomy in the third degree, as described in ORS 163.385.
(g) Unlawful sexual penetration in the first degree, as described in ORS 163.411.
(h) Unlawful sexual penetration in the second degree, as described in ORS 163.408.
(i) Sexual abuse in the first degree, as described in ORS 163.427.
(j) Sexual abuse in the second degree, as described in ORS 163.425.
(k) Any crime in any other jurisdiction that would constitute a crime described in this subsection if presently committed in this state.
(L) Any attempt to commit a crime described in this subsection.
(2) The State Board of Forestry may make contracts with any other state agency in order to effectuate the purposes of this section and ORS 421.465, 421.470 and 421.476. [Amended by 1965 c.616 §72; 1967 c.504 §5; 1987 c.320 §201; 1987 c.478 §1; 1991 c.386 §13; 1991 c.830 §12; 2019 c.213 §91; 2021 c.97 §46]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.465 - Transfer of state adults in custody to forest work camp; limitations and conditions.

(1) Upon the requisition of the State Forester, the superintendent shall send at the time and to the place designated as many state adults in custody requisitioned from the institution under the supervision of the superintendent as have been determined under rules adopted by the Director of the Department of Corrections to be eligible for employment at a forest work camp and as are available.
(2) Before a state adult in custody is sent to any forest work camp, the superintendent of the institution in which the adult in custody is confined shall cause the adult in custody to be given such inoculations as are necessary in the public interest.
(3) While a state adult in custody is at a forest work camp, the superintendent of the institution in which the adult in custody was confined is responsible for the custody and care of the adult in custody. [Amended by 1961 c.656 §3; 1965 c.616 §73; 1967 c.504 §6; 1969 c.502 §24; 1987 c.320 §202; 2019 c.213 §92]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.467 - Transfer of local adults in custody to forest work camp; limitations and conditions.

(1) Subject to ORS 421.468, the governing body of a county or city in this state may transfer a local adult in custody to the temporary custody of the Department of Corrections solely for employment at a forest work camp established under ORS 421.455 to 421.480. The county or city transferring the local adult in custody shall pay the cost of transportation and other expenses incidental to the conveyance to the forest work camp of the adult in custody and the return of the local adult in custody to the county or city, including the expenses of law enforcement officers accompanying the local adult in custody, and is responsible for costs of any medical treatment of the local adult in custody while the local adult in custody is employed at the forest work camp not compensated under ORS 655.505 to 655.555.
(2) Before a local adult in custody is sent to a forest work camp, the governing body of the county or city shall cause the local adult in custody to be given such inoculations as are necessary in the public interest, and must submit to the Department of Corrections a certificate, signed by a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 that the local adult in custody is physically and mentally able to perform the work described in ORS 421.470, and is free from communicable disease. [1967 c.504 §3; 1987 c.320 §203; 2014 c.45 §45; 2017 c.356 §45; 2019 c.213 §93]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.468 - Prior approval required for transfer of local adult in custody; return; custody and jurisdiction.

(1) A local adult in custody may not be transferred under ORS 421.467 without the prior approval of the Director of the Department of Corrections. The director shall return each local adult in custody to the county or city from which the local adult in custody was transferred at such time as the local adult in custody is to be released by the county or city, or upon request of the governing body of the county or city.
(2) While employed at a forest work camp established under ORS 421.455 to 421.480, a local adult in custody is temporarily within the custody of the Director of the Department of Corrections and subject to rules promulgated by the director governing such custody and employment, but remains subject to the jurisdiction of the county or city. [1967 c.504 §4; 1987 c.320 §204; 2019 c.213 §94]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.470 - Authority over adults in custody in camps; cost of care.

(1) The Director of the Department of Corrections has authority over the forest work camps except as provided in subsection (2) of this section.
(2) The State Forester shall assign and supervise the work of the state adults in custody and local adults in custody, which work shall be:
(a) Manual labor, as far as possible, of the type contemplated by ORS 530.210 to 530.280.
(b) Fire-fighting labor of the type contemplated for forest protection districts under ORS chapter 477.
(3) Moneys for the cost of custody of the state adults in custody and local adults in custody, and for the labor done by them under this section, shall be paid from funds appropriated and made available to the State Board of Forestry. Moneys for the cost of care of each local adult in custody shall be paid by the county or city from which the local adult in custody was transferred under ORS 421.467, but not to exceed $2 a day for each local adult in custody. Additional moneys required for the cost of care of local adults in custody shall be paid from funds appropriated and made available to the State Board of Forestry. All such moneys shall be collected by the Director of the Department of Corrections who shall deposit such funds to the credit of the State Prison Work Programs Account. [Amended by 1961 c.213 §3; 1961 c.656 §4; 1965 c.253 §142; 1967 c.504 §7; 1987 c.320 §205; 1995 c.384 §15; 2019 c.213 §95]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.476 - Compensation of adults in custody for labor at forest camps; rules.

The Director of the Department of Corrections shall determine and establish compensation, if any, to be paid to adults in custody assigned to work in forest work camps. The director shall adopt rules providing for the disposition of any compensation earned under this section. [1997 c.851 §7 (enacted in lieu of 421.475); 2019 c.213 §140]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.480 - Return of adult in custody to institution.

When the need for the labor of a state adult in custody or local adult in custody transferred to a forest work camp has ceased or when the adult in custody is guilty of any violation of the rules of the Director of the Department of Corrections, the director may return the adult in custody to the institution, county or city from which the adult in custody was transferred. [Amended by 1961 c.656 §6; 1967 c.504 §9; 1987 c.320 §207; 2019 c.213 §96]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.490 - Work camps.

In addition to camps established under ORS 421.455 to 421.480 the Department of Corrections may execute agreements for the establishment and operation of work camps for adults in custody in minimum custody of Department of Corrections institutions in cooperation with all public agencies. [1963 c.157 §2; 1987 c.320 §208; 2019 c.213 §141]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.500 - Findings.

The Legislative Assembly finds that:
(1) Substance use disorders negatively impact adults in custody at a significantly greater frequency than nonincarcerated individuals in the community.
(2) Substance use disorders should be considered chronic illnesses for which effective treatment is available.
(3) Diverting sentenced offenders from a traditional correctional setting into structured programs that provide treatment for substance use disorders or cognitive restructuring has proven to reduce criminal recidivism in this state. [1993 c.681 §1; 1999 c.239 §2; 2023 c.108 §1]
Note:
421.500 to 421.512 were enacted into law by the Legislative Assembly but were 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 421.502 - Definitions for ORS 421.502 to 421.512.

As used in ORS 421.502 to 421.512:
(1) "Cognitive restructuring" means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals.
(2) "Department" means the Department of Corrections.
(3) "Program" means the structured special alternative incarceration program established under ORS 421.504 and the intensive alternative incarceration addiction program established under ORS 421.506. [1993 c.681 §2; 1999 c.239 §1; 2003 c.464 §3; 2008 c.35 §3; 2023 c.108 §2]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.504 - Structured special alternative incarceration program; requirements.

(1) The Department of Corrections, in consultation with the Oregon Criminal Justice Commission, shall establish a structured special alternative incarceration program. The program:
(a) Shall reflect evidence-based practices;
(b) Shall provide for cognitive restructuring in conformance with generally accepted rehabilitative standards;
(c) May include a drug and alcohol treatment component that meets the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357;
(d) Shall be trauma-informed and gender-responsive; and
(e) Shall be at least 270 days’ duration.
(2) The department shall provide capital improvements and capital construction necessary for the implementation of the program.
(3) Notwithstanding subsection (1) of this section, the department may convert the structured special alternative incarceration program required by this section into an intensive alternative incarceration addiction program as described in ORS 421.506 if the department determines that the needs of offenders in the department’s custody would be better served by an intensive alternative incarceration addiction program than by the structured special alternative incarceration program. [1993 c.681 §3; 1997 c.63 §3; 2005 c.271 §7; 2005 c.708 §12; 2007 c.617 §1; 2009 c.595 §380; 2021 c.501 §5; 2023 c.108 §3]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.506 - Intensive alternative incarceration addiction program; requirements.

The Department of Corrections shall establish an intensive alternative incarceration addiction program. The program shall:
(1) Address addiction as a chronic disease, recognizing that participants have individualized needs and different recovery progressions;
(2) Require compliance with program rules;
(3) Include a range of professional treatment services, recovery activities, engagement with peer mentors, educational and vocational services and self-help groups;
(4) Provide addiction treatment that incorporates proven, research-based interventions;
(5) Be trauma-informed and gender-responsive; and
(6) Be at least 270 days’ duration. [2003 c.464 §2; 2021 c.501 §6; 2023 c.108 §4]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.507 - Suspension or termination of program; report to legislature.

(1) The Department of Corrections may not suspend or terminate an alternative incarceration program in its entirety for more than five consecutive days unless the department has considered all other alternative actions, including modification of the program or the delivery of the program by correspondence or other remote means, and determined that continuing to deliver the program is not feasible.
(2) If the department suspends or terminates an alternative incarceration program as described in subsection (1) of this section, the department shall, within 30 days of the action, report to the committees of the Legislative Assembly related to the judiciary information describing:
(a) The alternative actions that were considered by the department, and an explanation of why the alternative actions were not implemented; and
(b) The department’s plan to resume the program as soon as possible.
(3) In addition to the reporting required by subsection (2) of this section, the department shall regularly provide to the committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS 192.245, data concerning:
(a) How often an alternative incarceration program is interrupted in its entirety, and the length of each interruption; and
(b) How often the department takes any other action concerning an alternative incarceration program that results in the delay of the release dates of all adults in custody participating in the program, and the length of the delay of the release dates. [2021 c.501 §2]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.508 - Determination of eligibility for program; denial; suspension or removal; completion.

(1)(a) The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, a program. However, the department may not release an offender under subsection (4) of this section unless authorized to do so as provided in ORS 137.751.
(b) The department may not accept an offender into a program unless the offender consents in writing and signs a program participation agreement, prepared by the department, containing a statement providing that the offender has reviewed the program description provided by the department and agrees to comply with each of the requirements of the program.
(c) The department may deny, for any reason, an offender’s participation in a program. The department shall make the final determination regarding an offender’s physical or mental ability to meet the requirements of the program.
(d) If the department determines that an offender’s participation in a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the department, the department may, in its discretion, accept the offender into the program.
(2) The department may suspend or remove an offender from a program for administrative or disciplinary reasons.
(3) The department may not accept an offender into a program if:
(a) The department has removed the offender from a program during the term of incarceration for which the offender is currently sentenced; or
(b) The offender has a current detainer from any jurisdiction that will not expire prior to the offender’s release from the custody of the department.
(4) When an offender has successfully completed a program, the department may release the offender on post-prison supervision if:
(a) The court has entered the order described in ORS 137.751; and
(b) The offender has served a term of incarceration of at least one year.
(5) An offender may not be released on post-prison supervision under subsection (4) of this section if the release would reduce the term of incarceration the offender would otherwise be required to serve by more than 20 percent.
(6) For the purposes of calculating the term of incarceration served under subsection (4)(b) of this section, the department shall include:
(a) The time that an offender is confined under ORS 137.370 (2)(a); and
(b) The time for which an offender is granted nonprison leave under ORS 421.510.
(7) Successful completion of a program does not relieve the offender from fulfilling any other obligations imposed as part of the sentence including, but not limited to, the payment of restitution and fines. [1993 c.681 §4; 1997 c.313 §17; 2003 c.464 §4; 2008 c.35 §4; 2023 c.108 §5]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.509 - Provision of information to program participants.

(1) The Department of Corrections shall establish a process for providing regular updates and explanations, in writing, to adults in custody participating in an alternative incarceration program about changes to or decisions concerning the program, and any effect on release dates.
(2) The department shall establish a process to ensure that alternative incarceration program counselors adequately communicate with adults in custody who are participating in the program, including providing accurate information about the alternative incarceration program and changes to or decisions concerning the program.
(3) The department shall designate a staff member at each department facility who shall be accessible to adults in custody to provide accurate information about alternative incarceration programs. [2021 c.501 §4]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.510 - Eligibility for nonprison leave; rules.

(1) The Department of Corrections may consider an offender for nonprison leave under this section if the court has entered the order described in ORS 137.751.
(2) Nonprison leave shall provide offenders with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the offenders’ discharge to post-prison supervision.
(3) An offender may submit a nonprison leave plan to the Department of Corrections. The plan shall indicate that the offender has secured, or has a plan to secure, an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 90 days is an essential part of the offender’s successful reintegration into the community.
(4) Upon verification of the offender’s nonprison leave plan, the department may grant nonprison leave no more than 90 days prior to the offender’s date of release on post-prison supervision under ORS 421.508 (4).
(5) The department shall establish by rule a set of conditions for offenders released on nonprison leave. An offender on nonprison leave shall be subject to immediate return to prison for any violation of the conditions of nonprison leave.
(6) During the period of nonprison leave, the offender must reside in, and be supervised within, the state. [1997 c.63 §2; 2003 c.464 §5; 2008 c.35 §5; 2023 c.108 §6]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.512 - Rulemaking.

(1) The Department of Corrections shall adopt rules to carry out the provisions of ORS 421.504, 421.506, 421.507, 421.508 and 421.509.
(2) The Oregon Criminal Justice Commission shall adopt or amend rules as necessary to integrate the programs into sentencing guidelines. [1993 c.681 §5; 2003 c.464 §6; 2021 c.501 §7]
Note:
See note under 421.500.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.605 - Location and use of penitentiary.

The Oregon State Penitentiary, located in Salem, Marion County, shall be used as a Department of Corrections institution for the imprisonment of male persons committed to the custody of the Department of Corrections. [Formerly 421.010; 1971 c.212 §3; 1987 c.320 §208a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.609 - New correctional facilities; authorization; limitation on.

(1) The Department of Corrections may not seek authorization for construction or expansion of new correctional facilities or expansion of existing correctional facilities in this state unless the department:
(a) Has evaluated the availability and cost of using correctional facilities outside this state; and
(b) Has determined that constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities in this state is less expensive than using correctional facilities outside this state after considering constitutional requirements, requirements of state law and available programs that enhance the likelihood of offenders successfully functioning in society upon release.
(2) If the Department of Corrections determines that using appropriate correctional facilities outside this state is less expensive than constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities, the department shall use correctional facilities outside this state. [1997 c.715 §6(1),(2)]
Note:
421.609 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 421.611 - Findings.

The Legislative Assembly finds that:
(1) There is a serious and urgent need to construct and operate additional correctional facilities in this state to accommodate current and projected prison populations.
(2) Immediate corrections facility planning and siting requires an expedited process. Existing corrections facility siting procedures are inadequate to meet the current and projected need for the siting of additional correctional facilities in this state. [1995 c.745 §1]
Note:
421.611 to 421.630 were enacted into law by the Legislative Assembly but were 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 421.612 - Definitions.

As used in ORS 421.611 to 421.630, unless the context otherwise requires:
(1) "Authority" means the Corrections Facilities Siting Authority as established in ORS 421.621.
(2) "Department" means the Department of Corrections. [1995 c.745 §2]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.614 - Corrections facilities; determining location.

(1) The Department of Corrections shall determine locations for corrections facilities pursuant to the provisions of ORS 421.611 to 421.630.
(2) The department shall establish, by rule, mandatory and desirable criteria to be used in the nominations made under ORS 421.616. [1995 c.745 §3]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.616 - When department required to nominate sites for corrections facilities; criteria for nominations; report required.

When directed by executive order of the Governor to initiate the corrections facility siting process established in ORS 421.611 to 421.630, the Department of Corrections shall:
(1) Nominate sites for the construction and operation of additional corrections facilities in this state, based on the criteria adopted by the department pursuant to ORS 421.614, and the following criteria:
(a) The interest demonstrated by local jurisdictions in having a site selected for a corrections facility within their jurisdiction.
(b) The availability or the ability of the local jurisdictions to provide adequate infrastructure to serve the facility.
(c) Natural features that allow design to promote compatibility with surroundings.
(d) The availability of or ability to provide local support facilities.
(e) The cost of developing the proposed facility, including but not limited to:
(A) The cost of land acquisition and construction including the availability of land or facilities owned by the State of Oregon.
(B) The cost of operating the facility.
(f) The location and dispersal of social service residential facilities and other corrections facilities.
(2) Publish an initial report stating the conclusions of the department with regard to each site nominated.
(3) Provide copies of the report to:
(a) Each of the county commissioners in the county where any of the nominated sites are located;
(b) Each of the city council members where that site is located if any one of the sites is in a city;
(c) Governmental agencies that may be called upon to provide services to the facility at any of the sites, including police, fire, water, sewage, roads and public transit; and
(d) Any member of the public who requests a copy and pays a fee as set by the department.
(4) Provide media notice regarding the process and the sites nominated, including but not limited to publication in a newspaper of general circulation in the county or counties where the sites are located. [1995 c.745 §4]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.618 - Meetings to discuss site selections.

Prior to nominating sites pursuant to ORS 421.616, the Department of Corrections shall hold a meeting or multiple meetings with the elected local government officials involved to discuss the site selections, the on-site and off-site improvements needed at each site and the site preferences of the local governments. [1995 c.745 §5]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.621 - Corrections Facilities Siting Authority; membership; duties.

(1) There is established a Corrections Facilities Siting Authority. Subject to the approval of the Governor, the authority shall make corrections facility site selection decisions as set forth in ORS 421.623. The authority shall consist of five persons, to be appointed by the Governor and to serve at the Governor’s pleasure. The Governor shall appoint one of the members as chairperson.
(2) A majority of the authority members constitutes a quorum for the transaction of business. Members of the authority are entitled to compensation and expenses as provided in ORS 292.495. Any vacancy shall be filled by the Governor.
(3) The authority shall:
(a) Direct such staff as assigned to it by the Department of Corrections;
(b) Consult with the department, local government officials and others as it deems necessary;
(c) Hold hearings; and
(d) Make decisions on the siting of corrections facilities. [1995 c.745 §6]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.623 - Hearings in region where nominated site located; ranking sites; findings.

(1) Within 30 days after nomination of sites as set forth in ORS 421.616, the Corrections Facilities Siting Authority shall hold a hearing within the region where each nominated site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the sites nominated and conditions proposed therefor.
(2) Not later than 10 days before the hearing held by the authority as required by subsection (1) of this section, any affected local government or any person may submit proposed conditions to the authority. Each proposed condition shall:
(a) Be stated separately;
(b) Be in writing;
(c) Identify the site to which the condition, if approved, would attach;
(d) Be specific;
(e) Directly relate to any site or its proposed development, infrastructure, access thereto or physical condition on or in the immediate vicinity of such site; and
(f) Be supported by a statement of the need or reasons therefor.
(3)(a) Within 45 days after nomination of the sites as set forth in ORS 421.616, the authority shall select and rank in order of preference such sites as the Governor deems necessary or advisable for the construction and operation of corrections facilities, and specify site development conditions for each site, supported by findings, which findings shall address the criteria specified by the department pursuant to ORS 421.614 and in ORS 421.616.
(b) In addition to the findings required by paragraph (a) of this subsection, when the authority refuses to adopt a proposed condition submitted in accordance with subsection (2) of this section, the authority shall state on the record why, in its judgment, the refusal to adopt the proposed condition is in the public interest.
(4) If one or more of the nominated sites meets the mandatory criteria established by the department pursuant to ORS 421.614, the local jurisdiction demonstrates interest as described in subsection (5) of this section, and the authority selects a site that has not demonstrated interest as described under subsection (5) of this section, the authority shall make findings that demonstrate why it selected the site in which the local jurisdiction did not demonstrate interest.
(5) A local jurisdiction may demonstrate interest by presenting to the Department of Corrections a resolution that sets forth such interest no later than 30 days from issuance of an executive order under ORS 421.616. [1995 c.745 §7; 1999 c.853 §1]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.626 - Notification to Governor; approval or disapproval of sites.

(1) As soon as practicable after making the siting decisions, the Corrections Facilities Siting Authority shall notify the Governor and shall make available for the Governor’s review any documents or materials that the Governor may request.
(2) Within 15 days after receiving the notification required by subsection (1) of this section, the Governor shall approve or disapprove such sites as selected and ranked by the authority as the Governor deems necessary and advisable.
(3) If the Governor disapproves one or more of the sites, the Governor may direct the authority to make and rank an additional selection or selections, as appropriate, from the nominated sites and notify the Governor of the selection. Within 15 days of receiving any new selection, the Governor shall approve or disapprove such additional sites as selected and ranked by the authority as the Governor deems necessary or advisable. [1995 c.745 §8]
Note:
See note under 421.611.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.633 - Lease of Milliron Road Site; construction, operation and ownership of hospital.

(1) Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections may lease all or part of the real property and any improvements to the real property known as the Milliron Road Site south of Junction City, Lane County, to the Oregon Health Authority for a period of years agreed upon by the department and the authority.
(2) The authority may build, own and operate, on the real property leased from the department under subsection (1) of this section, a hospital to provide diagnosis and evaluation, medical care, detoxification, social services, rehabilitation or other services for individuals committed to the authority under ORS 426.130 and individuals committed to a state hospital under ORS 161.327 or 161.370.
(3) The department and the authority are authorized to negotiate and enter into a written agreement transferring ownership of the hospital described in subsection (2) of this section from the authority to the department, under terms and conditions acceptable to the agencies. [2009 c.269 §1; 2009 c.828 §29]
Note:
421.633 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 421.635 - Definitions for ORS 421.635 to 421.657.

As used in ORS 421.635 to 421.657:
(1) "Adversely affected" has the meaning used in ORS 183.480. A person within sight or sound of the women’s correctional facility and intake center complex is presumed to be adversely affected by decisions or actions under ORS 421.635 to 421.657.
(2) "Complex" means a women’s correctional facility and intake center, administration and other associated buildings, roads, sewer and water lines and other public services, and any other improvements made to the real property approved for siting under ORS 421.643.
(3) "Public services" means off-site infrastructure to support the construction and operation of a complex. "Public services" includes but is not limited to electric and telecommunications services, sewer and water systems, fire and life safety services and road improvements.
(4) "State building code" has the meaning given that term in ORS 455.010. [1999 c.982 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.637 - When department required to propose site; criteria; report; media notice.

When directed by executive order of the Governor, the Department of Corrections shall:
(1) Propose a site for the construction and operation of a women’s correctional facility and intake center complex in this state. The department shall consider the following criteria:
(a) Interest demonstrated by local jurisdictions in having the site selected for a women’s correctional facility and intake center complex. A local jurisdiction may demonstrate interest by presenting to the Director of the Department of Corrections a resolution setting forth such interest.
(b) The availability or the ability of local jurisdictions to provide adequate infrastructure to serve the complex.
(c) Natural features that allow design features to promote compatibility with surroundings.
(d) The availability of the site by purchase, condemnation, exchange or otherwise.
(e) The sufficiency of the size and shape of the site to accommodate the complex.
(f) Whether the site is located in an area designated as a 100-year floodplain on a current map of the Federal Emergency Management Agency.
(g) Whether the site is located in a tsunami inundation zone.
(h) Whether the site either has infrastructure available on-site or the infrastructure otherwise can be provided and maintained. For purposes of this paragraph, "infrastructure" includes but is not limited to:
(A) Water for domestic use, fire protection and irrigation;
(B) Sanitary sewer collection and treatment;
(C) Surface drainage storm water collection and disposal; and
(D) Electricity, natural gas, oil or propane and telecommunications.
(i) Whether the site is served by a road or highway system capable of supporting the complex. New roadway improvements should be able to be constructed and available at the time the complex is scheduled to open.
(2) Publish an initial report stating the conclusions of the department with regard to the proposed site.
(3) Provide copies of the report to:
(a) Each of the county commissioners in the county where the proposed site is located;
(b) Each of the city council members where the proposed site is located if the site is in a city;
(c) Governmental agencies that may be called upon to provide services to the complex, including police, fire, water, sewage, roads and public transit; and
(d) Any member of the public who requests a copy and pays a fee as set by the department.
(4) Provide media notice regarding the process and the proposed site, including but not limited to publication in a newspaper of general circulation in the county or counties where the site is located. [1999 c.982 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.639 - Exclusion of F. H. Dammasch State Hospital as department facility.

Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, and notwithstanding ORS 421.637, 421.641 and 421.643, the real property known as the F. H. Dammasch State Hospital shall not be used as a Department of Corrections facility. [1999 c.982 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.641 - Hearings in region where proposed site located; report.

(1) Within 21 days after a site is proposed under ORS 421.637, the Director of the Department of Corrections shall hold a hearing within the region where the proposed site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the proposed site.
(2) Not later than seven days before the hearing held under subsection (1) of this section, any affected local government or any person may submit proposed conditions to the director. Each proposed condition shall:
(a) Be stated separately;
(b) Be in writing;
(c) Be specific;
(d) Directly relate to the site and the criteria described in ORS 421.637 (1); and
(e) Be supported by a statement of the need or reasons therefor.
(3) Within seven days following the hearing required under subsection (1) of this section, the director shall issue a final report regarding the proposed site. If the director recommends that the proposed site be used for the construction and operation of a women’s correctional facility and intake center complex, the director shall specify in the report those conditions the director deems necessary and appropriate for the site.
(4) If the director recommends a site for which the local government did not express interest as described in ORS 421.637 (1)(a), the director shall make findings that demonstrate why the director selected the site. [1999 c.982 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 421 - Department of Corrections Institutions; Compacts › Section 421.643 - Notice to Governor regarding proposed site.

Within 30 days of the date of the executive order described in ORS 421.637, the Director of the Department of Corrections shall notify the Governor of the site proposed for the construction and operation of a women’s correctional facility and intake center complex. The director shall make available for the Governor’s review the final report required under ORS 421.641 and any other documents or materials that the Governor may request. The Governor shall approve or disapprove the site as the Governor deems necessary or advisable. [1999 c.982 §5]