reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.046 - Notice of county jail population emergency; action to be taken; notification if release likely; forced release.

(1) If a county court or board adopts a jail capacity limit under ORS 169.044 and the number of adults in custody in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of adults in custody in the local correctional facility has exceeded capacity and that a county jail population emergency exists.
(2) If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order adults in custody released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of adults in custody under ORS 169.042 to 169.046.
(3) If it becomes necessary to order adults in custody released under ORS 169.042 to 169.046, or if it appears to the sheriff that release of adults in custody is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 to 133.076 until further notice.
(4) If it becomes necessary to order the release of adults in custody under ORS 169.042 to 169.046, the sheriff may place adults in custody on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the adult in custody and must include:
(a) The date of the next court appearance of the adult in custody;
(b) A statement that the adult in custody is required to appear at the next court appearance; and
(c) A statement that failure of the adult in custody to appear at the next court appearance is subject to prosecution under ORS 162.195 or 162.205. [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2; 2019 c.213 §44]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.050 - Contracts for boarding of prisoners.

The county court or board of county commissioners of each county in this state, not having more than 300,000 inhabitants, shall advertise for bids for boarding of prisoners confined in the county local correctional facilities of the county, and may award the contract for boarding them to the lowest responsible bidder. If any responsible bidder, other than the sheriff, receives the contract from the county for the boarding of prisoners, such bidder shall receive compensation for boarding such prisoners rather than the sheriff, and the sheriff shall afford to such bidder all facilities for carrying out the county’s contract for boarding prisoners. [Amended by 1973 c.740 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.053 - Agreements with other counties or Department of Corrections for confinement and detention of offenders.

(1) A county may enter into an agreement with one or more other counties of this state under ORS 190.010 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:
(a) Pretrial detainees;
(b) Offenders convicted of a misdemeanor; and
(c) Offenders convicted of a felony who are:
(A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or
(B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision.
(2) A county may enter into an agreement with the Department of Corrections under ORS 190.110 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:
(a) Offenders convicted of a misdemeanor; and
(b) Offenders convicted of a felony who are:
(A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or
(B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision.
(3) An agreement entered into under ORS 190.110 and subsection (2) of this section shall include a provision that the county reimburse the Department of Corrections for its costs incurred in confining the county adult in custody. Reimbursement shall be made on a per diem basis at a rate determined by the department to be its average daily incarceration cost per adult in custody. In lieu of reimbursement, the department and county may enter into an agreement providing for the comparable exchange of adults in custody as determined by the department. [1996 c.4 §1; 2019 c.213 §45]
Note:
169.053 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.055 - Contracts with Department of Corrections for county prisoners awaiting sentencing.

(1) The Department of Corrections may enter into contracts or arrangements with the authorities of any county in this state to provide for the reception, detention, care, maintenance and employment of county prisoners convicted of a felony in the courts of this state who are awaiting sentencing and who, in the judgment of the sentencing court, pose an unusual security risk if they were to remain incarcerated in a local correctional facility pending sentencing.
(2) Nothing in this section requires the Department of Corrections to incarcerate a county prisoner in a Department of Corrections facility.
(3) A county prisoner poses an unusual security risk under this section if the prisoner poses a level of risk of violence or escape that exceeds the security level of the county facility. The risk of violence or escape may result from or be manifested by:
(a) A history of violence against law enforcement or corrections employees;
(b) A history of escape attempts;
(c) Documented enemies in the county facility; or
(d) A charge of aggravated murder. [1997 c.369 §1]
Note:
169.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.070 - Coordination of state services by Department of Corrections; inspections to determine compliance with standards.

(1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059.
(2) In carrying out its duties under subsection (1) of this section, the department may enter into agreements with public or private entities to conduct inspections of local correctional facilities, lockups, temporary holds and juvenile detention facilities.
(3) When a county that operates a local correctional facility has conducted, or caused a public or private entity to conduct, an inspection of the local correctional facility within 24 months before an inspection would be conducted under subsection (1) of this section, the department is not required to conduct the next inspection required under subsection (1) of this section if:
(a) The standards meet or exceed the standards established in ORS 169.076;
(b) The inspection is conducted in a manner that allows the county to satisfy the requirement of paragraph (c) of this subsection; and
(c) Within 45 days after the inspection is completed, the county provides to the department:
(A) A statement or copy of the standards used to conduct the inspection and the date the standards were adopted; and
(B) A portion of the findings and recommendations of the inspection that is the equivalent of the information that would have been obtained in an inspection conducted under subsection (1) of this section.
(4) The information provided to the department under subsection (3) of this section is a public record for the purposes of ORS 192.311 to 192.478 and is subject to the same disclosure requirements and retention schedule that applies to an inspection conducted under subsection (1) of this section. [1973 c.740 §2; 1979 c.338 §2; 1979 c.487 §2; 1987 c.320 §91; 1993 c.33 §310; 2003 c.475 §1; 2013 c.63 §1; 2019 c.382 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.072 - Provision of services or assistance by Department of Corrections through arrangements with local governments.

(1) The Department of Corrections may enter into arrangements, contracts or agreements with local governments to provide services or other assistance to local governments with respect to local correctional facilities and juvenile detention facilities. Services and assistance provided to local governments under this section may include health care services and assistance, including providing pharmaceuticals, treatment services, transport services, training assistance, security assistance and tactical assistance.
(2) An arrangement, contract or agreement entered into under subsection (1) of this section may authorize the use of department facilities, personnel, supplies, equipment or material in providing services or other assistance to local governments. [2001 c.194 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.077 - Standards for lockup facilities.

Each lockup facility shall:
(1) Maintain 24-hour supervision when persons are confined. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.
(2) Make a personal inspection of each person confined at least once each hour.
(3) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.
(4) Ensure that confined detainees and prisoners will be fed daily at least three nutritionally adequate meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other such purposes.
(5) Forward, without examination or censorship, each prisoner’s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.
(6) Provide rules of the facility governing correspondence and visitations.
(7) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.
(8) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and policies and regulations for the operation of the facility.
(9) Ensure that the facility be clean, provide mattresses and blankets that are clean and fire-retardant, and furnish materials to maintain personal hygiene.
(10) Provide for emergency medical and dental health, having written policies providing for review of the facility’s medical and dental plans by a licensed physician, physician assistant, naturopathic physician or nurse practitioner.
(11) In addition to the items listed in subsection (9) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following:
(a) Regular absorbent and super absorbent tampons;
(b) Regular absorbent and super absorbent sanitary pads;
(c) Postpartum pads; and
(d) Regular absorbent panty liners. [1979 c.487 §7 (enacted in lieu of 169.075); 1987 c.320 §93; 2013 c.63 §3; 2014 c.45 §30; 2017 c.356 §21; 2019 c.489 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.078 - Standards for temporary hold facilities.

Each temporary hold shall:
(1) Provide access to sanitation facilities.
(2) Provide adequate seating.
(3) Maintain supervision of prisoners or detainees when confined. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.
(4) Prohibit firearms from the secure area except in times of emergency.
(5) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. [1979 c.487 §8 (enacted in lieu of 169.075); 1987 c.320 §94; 2013 c.63 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.080 - Effect of failure to comply with standards; enforcement by Attorney General; private action.

(1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059, the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to ensure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections.
(2) The provisions of ORS 169.076 to 169.078, 169.740, 419A.059, 419B.160 and 419C.130 shall be enforceable by the Attorney General of the State of Oregon. The Attorney General, at the request of the Department of Corrections, may bring suit or action and may seek declaratory judgment as provided in ORS chapter 28 as well as pursue any other form of suit or action provided under Oregon law. Nothing in this section precludes a private right of suit or action. [1973 c.740 §4; 1979 c.338 §3; 1979 c.487 §3; 1987 c.320 §95; 1993 c.33 §311; 2019 c.13 §30; 2019 c.382 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.085 - Submission of construction or renovation plans to Department of Corrections; recommendations by department.

All plans of new construction or major renovation of local correctional facilities, lockups and juvenile detention facilities shall be submitted to the Department of Corrections for review and advisory recommendations to assist local governmental agencies to provide a safe and secure facility. The recommendations of the Department of Corrections shall be advisory and not binding upon the local governmental agency with the exception of those standards established in ORS 169.076 to 169.078, 169.740 and 419A.059. The Department of Corrections must notify the respective local governmental agency 45 days after submission of the plans of its recommendations on the proposed construction or major renovation of the local correctional facility. [1973 c.740 §5; 1979 c.487 §4; 1987 c.320 §96; 1993 c.33 §312; 2019 c.382 §21]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.090 - Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation.

(1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs’ Association, the Oregon Association Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor.
(2) The Youth Development Council established by ORS 417.847 and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005. Guidelines shall be revised by the Youth Development Council and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the Youth Development Council may choose to publish and distribute the guidelines independently. [1973 c.740 §6; 1981 c.869 §7; 1987 c.320 §97; 1993 c.18 §28; 1993 c.676 §40; 2001 c.517 §5; 2001 c.904 §1; 2001 c.905 §2; 2003 c.14 §68; 2012 c.37 §108]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.105 - Unconscious person not to be admitted to custody in facility.

No person who is unconscious shall be admitted to custody in a facility described in ORS 169.005, but shall instead be taken immediately to the nearest appropriate medical facility for medical diagnosis, care and treatment. [1983 c.547 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.110 - Time credit for good behavior.

(1) Each prisoner convicted of an offense against the laws of this state, who is confined, in execution of the judgment or sentence upon conviction, including confinement imposed as a condition of probation pursuant to ORS 137.540, in a county local correctional facility in this state for a definite term, whose record of conduct shows that the prisoner has faithfully observed all the rules of the facility, is entitled, in the discretion of the sheriff or other officer having custody of such prisoner, to a deduction from the term of the sentence of the prisoner to be calculated as follows, commencing on the first day of the arrival of the prisoner at the facility to serve the sentence of the prisoner:
(a) Upon a sentence of not less than 10 or more than 30 days, one day for each 10 days.
(b) Upon a sentence of more than 30 days but not more than 90 days, three days for each 30-day period.
(c) Upon a sentence of more than 90 days but not more than 180 days, four days for each 30-day period.
(d) Upon a sentence of more than 180 days but not more than 270 days, five days for each 30-day period.
(e) Upon a sentence of more than 270 days, six days for each 30-day period.
(2)(a) Deductions under this section may be allowed for time served in an alternative sentencing facility operated pursuant to a community corrections plan if the county governing body authorizes the allowing of deductions.
(b) For purposes of calculating deductions allowable under paragraph (a) of this subsection, each day served in the facility is counted as a day of confinement. [Amended by 1965 c.346 §3; 1971 c.196 §1; 1973 c.740 §13; 1979 c.487 §11; 2011 c.203 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.115 - Temporary leave; rules.

(1) Any prisoner serving a sentence in a county jail may be eligible for temporary leave for a period not to exceed 10 days for the purpose of visiting a seriously ill relative, attending the funeral of a relative, or obtaining medical services not otherwise available.
(2) All requests for temporary leave must be presented to the sheriff for examination. Exemptions shall be restricted to those prisoners who are considered a possible threat to society, or those who pose a risk of not returning at the termination of such leave.
(3) Upon determining that circumstances are suitable for a prisoner to be granted temporary leave, the sheriff may grant leave to the prisoner and fix the duration and conditions of the leave.
(4) In adopting rules governing temporary leave, the sheriff shall consult with the Department of Corrections in an effort to establish statewide uniform rules governing temporary leave for county jail prisoners. [1973 c.499 §1; 1979 c.487 §12; 1987 c.320 §98]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.120 - Credit for work.

(1)(a) In addition to the allowances provided for in ORS 169.110, all prisoners in a county local correctional facility who are engaged in work either inside or outside the facility are entitled to an allowance of credits in time or compensation, or both, for the work.
(b) The allowances under paragraph (a) of this subsection may not be inconsistent with ORS 169.170 to 169.210.
(2)(a) The credits provided by this section may not be in excess of 10 days for a period of 30 days and shall be set by the county court, board of county commissioners or local correctional facility supervisor.
(b) Notwithstanding paragraph (a) of this subsection, in the case of a sentence of not less than 10 or more than 30 days the credits provided by this section are one day of credit for each 10 days of sentence.
(3)(a) Credits under this section may be allowed for time served in an alternative sentencing facility operated pursuant to a community corrections plan if the county governing body authorizes the allowing of credits.
(b) For purposes of calculating credits allowable under paragraph (a) of this subsection, each day served in the facility is counted as a day of confinement. [Amended by 1967 c.284 §1; 1971 c.196 §2; 1973 c.740 §14; 1979 c.487 §13; 2011 c.203 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.140 - Furnishing prisoners food, clothing and necessary medical aid.

The keeper of each local correctional facility shall furnish and keep clean the necessary bedding and clothing for all prisoners in the custody of the keeper, and shall supply them with wholesome food, fuel and necessary medical aid. [Amended by 1973 c.740 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.150 - Payment of expenses of keeping prisoners; health care fees.

(1) The charges and expenses for safekeeping and maintaining all persons duly committed to the local correctional facility of the county for trial, sentenced to imprisonment in the county local correctional facility, or committed for the nonpayment of any fine or for any contempt, shall, unless otherwise provided by law, be paid out of the treasury of the county. The account of the keeper shall be first allowed by the county court or board of county commissioners of the county from which the prisoner was committed.
(2) A city or, notwithstanding subsection (1) of this section or any other provision of law, the county may charge persons committed to the local correctional facility of the county or city a reasonable health care fee for any health care services, medications and equipment provided to the person while committed if the county or city:
(a) Provides necessary medical care regardless of the person’s ability to pay;
(b) Provides equal treatment to all persons committed to the local correctional facility regardless of a person’s ability to pay;
(c) Establishes a system that notifies the person of the fees and what services are covered; and
(d) Establishes a grievance system that allows a person to challenge the deduction of a fee from the person’s account. [Amended by 1973 c.740 §16; 1995 c.523 §1; 1999 c.801 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.151 - Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures.

(1) A city or, notwithstanding ORS 169.150 (1), a county may seek reimbursement from a person who is or was committed to the local correctional facility of the county or city upon conviction of a crime for any expenses incurred by the county or city in safekeeping and maintaining the person. The county or city may seek reimbursement:
(a) At a rate of $60 per day or its actual daily cost of safekeeping and maintaining the person, whichever is less, multiplied by the total number of days the person was confined to the local correctional facility, including, but not limited to, any period of pretrial detention; and
(b) For any other charges or expenses that the county or city is entitled to recover under ORS 169.150.
(2) The county or city may seek reimbursement for expenses as provided in subsection (1) of this section by filing a civil action no later than six years after the person from whom reimbursement is sought is released from the local correctional facility.
(3) When a person is found liable for expenses described in subsection (1) of this section and an amount is determined, the court shall, before entering a judgment against the person, allow the person to present evidence on the issue of the person’s ability to pay. When a person presents such evidence, the court shall determine the person’s ability to pay taking into consideration:
(a) The financial resources of the person and the burden that payment will impose on the person in providing basic economic necessities to the person or the person’s dependent family; and
(b) Any other monetary obligations imposed upon the person by the court as a result of the conviction for which the person was committed to the local correctional facility.
(4) The court, and not a jury, shall determine the defendant’s ability to pay under subsection (3) of this section.
(5) Upon the conclusion of a proceeding under subsection (3) of this section, the court may enter a judgment:
(a) Of dismissal if the court finds that the person lacks the ability to pay;
(b) For less than the full amount determined if the court finds that the person has the ability to pay a portion of the amount; or
(c) For the full amount determined, plus costs and disbursements, if the court determines the person has the ability to pay.
(6) Any reimbursements collected under this section must be credited to the general fund of the county or city to be available for general fund purposes. [1997 c.349 §2; 1999 c.801 §2; 2009 c.783 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.152 - Liability for costs of medical care for persons in county facility.

Notwithstanding ORS 169.140, 169.150 and 169.220, when a person is lawfully confined in a county local correctional facility for violation of a city ordinance, for nonpayment of a fine imposed by a municipal court or as a result of a warrant of arrest issued by a magistrate in another county, the county in which the warrant was issued or the city shall be liable for the costs of medical care provided to the person while confined in the county local correctional facility. The keeper of the local correctional facility shall bill the other county or city for the actual cost of the medical care provided, and the other county or city shall pay the charges within 60 days after receiving the cost statement from the keeper. [1985 c.530 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.153 - Liability of public agency for costs of medical care provided to persons in transport.

(1) Subject to ORS 30.260 to 30.300 and 414.805, payment of the costs of medical care provided to a person who becomes ill or is injured while being lawfully transported in the custody of a law enforcement officer at the request of a public agency other than the public agency by which the officer is employed is the responsibility of the public agency that requested the transportation of the person.
(2) As used in this section, "law enforcement officer" and "public agency" have the meanings given those terms by ORS 414.805. [1985 c.530 §3; 1993 c.196 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.155 - Definitions for ORS 169.155 and 169.166.

As used in ORS 169.166 and this section:
(1) "Local correctional facility" includes lockups and temporary hold facilities.
(2) "Reasonable efforts to collect the charges and expenses" means that the provider has billed the individual to whom the emergency medical services were provided or the insurer or health care service contractor of the individual before seeking to collect from the keeper of the local correctional facility. [1979 c.530 §4; 1993 c.196 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.166 - Liability for costs of medical services.

Notwithstanding ORS 169.140 and 169.150 and except as otherwise provided in ORS 414.805 and 414.807:
(1) An individual who receives medical services not provided by the county or city while in the custody of a local correctional facility or juvenile detention facility is liable:
(a) To the provider of the medical services not provided by the county or city for the charges and expenses therefor; and
(b) To the keeper of the local correctional facility for any charges or expenses paid by the keeper of the facility for the medical services not provided by the county or city.
(2) A person providing medical services not provided by the county or city to an individual described in subsection (1)(a) of this section shall first make reasonable efforts to collect the charges and expenses thereof from the individual before seeking to collect them from the keeper of the local correctional facility.
(3)(a) Except as otherwise provided in subsection (4) of this section, if the provider has not been paid within 45 days of the date of the billing, the provider may bill the keeper of the local correctional facility who shall pay the account in accordance with ORS 169.140 and 169.150.
(b) A bill submitted to the keeper of a local correctional facility under this subsection must be accompanied by evidence documenting that:
(A) The provider has billed the individual or the individual’s insurer or health care service contractor for the charges or expenses owed to the provider; and
(B) The provider has made a reasonable effort to collect from the individual or the individual’s insurer or health care service contractor the charges and expenses owed to the provider.
(c) If the provider receives payment from the individual or the insurer or health care service contractor after receiving payment from the keeper of the facility, the provider shall repay the keeper the amount received from the keeper less any difference between payment received from the individual, insurer or contractor and the amount of the billing.
(4) Except as otherwise provided by ORS 30.260 to 30.300 and federal civil rights laws, upon release of the individual from the actual physical custody of the local correctional facility, the keeper of the local correctional facility is not liable for the payment of charges and expenses for medical services provided to the individual. [1991 c.778 §6; 1999 c.801 §3; 2007 c.71 §53]
Note:
169.166 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.170 - Assignment of county prisoners to public works; rules.

All convicts sentenced by any court or legal authority, whether in default of the payment of a fine, or committed for a definite number of days to serve sentence in a county local correctional facility, during the period of such sentence, for the purposes of ORS 169.120 and 169.170 to 169.210, are under the exclusive and absolute control of the county court or board of county commissioners of the county in which the crime was committed for which the convict was sentenced. The court or board has full power to place such convicts under the control of any road supervisor or other person appointed to take charge of them, and to cause them to work upon the public roads of the county, or such other work of a public nature as said court or board may direct. All such convicts shall be delivered to the supervisor or other person appointed to take charge of them, upon the written request of the court or board. The sheriff shall obtain a receipt from the person to whom such convicts are delivered for each of the convicts, and thereupon the sheriff’s liability ceases. The county court may at any time return any convict, taken under the provisions of this section, to the sheriff, who shall thereupon take charge of the convict. The court or board is authorized and directed to provide rules and regulations in regard to the employment of said convicts not inconsistent with ORS 169.170 to 169.210. [Amended by 1959 c.530 §7; 1973 c.740 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.180 - Assignment of city prisoners to public works.

All convicts sentenced by any court or legal authority in any city, whether in default of the payment of a fine or committed for a definite number of days to serve sentence in any local correctional facility, during the period of the sentence shall, with the consent of the proper city authorities and for the purposes of ORS 169.120 and 169.170 to 169.210, be under the absolute and exclusive control of the county court or board of county commissioners of the county in which said city is located. Such city convicts shall be delivered to the county court by any officer having custody thereof in the same manner as county prisoners, and may be returned to the officer from whom they are received in the same manner, and shall be subject to the same rules and regulations as provided in ORS 169.170 for county prisoners. [Amended by 1973 c.740 §18]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.190 - Transfer of prisoners to another county for public work.

Any county court or board of county commissioners may transfer to the county court or board of county commissioners of any other county any of the convicts committed to its control, under ORS 169.170 or 169.180. The court or board to which such convicts are so transferred has the same power and authority respecting such convicts as if they had been sentenced to serve in that county. The transfer of convicts from one county to another shall be made upon such terms and conditions as may be agreed upon by the county courts or boards concerned in the transfer.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.210 - Contracts for private employment of prisoners; agencies having power to work prisoners.

(1) Except for work release programs, no county or city shall enter into any agreement or contract with any private person, firm or corporation for the employment of any convict.
(2) If any board or tribunal is created which has charge and management of the public roads of the county, such board or tribunal shall have the same power and authority as is conferred upon the county court or board of county commissioners by ORS 169.120 and 169.170 to 169.210. [Amended by 1973 c.740 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.220 - Care of county prisoners.

All persons lawfully confined in a county local correctional facility, or as prisoners engaged in work under the custody and jurisdiction of a county, shall be fed and maintained at actual cost to the county. All persons confined in a county local correctional facility shall be given three meals per day. An accurate account of each meal furnished to others than adults in custody of local correctional facilities, together with the names of the recipients thereof, whether facility employees or otherwise, shall be kept and reported by the sheriff each month to the county court or board of county commissioners. The county court or board of county commissioners shall furnish the sheriff with adequate equipment and supplies for carrying out the provisions of this section. The sheriff has authority to employ such assistance therefor as may be necessary. All supplies and equipment needed to feed and maintain such persons as provided in this section shall be purchased by the county court or board of county commissioners upon requisitions duly verified and presented by the sheriff to the county court or board of county commissioners. All supplies so purchased shall be paid for by warrant drawn upon the general fund of the county, upon presentation of vouchers containing itemized statements of all supplies so furnished, duly verified by the sheriff and by the person selling the same, each of whom shall certify that the supplies were actually furnished and received in the quantities represented and were of good quality, and that the price charged therefor was reasonable and just. [Amended by 1957 c.698 §1; 1973 c.740 §20; 2019 c.213 §123]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.320 - Control over prisoners; work by prisoners.

(1) Except as otherwise provided in ORS 169.170 to 169.210, each county sheriff has custody and control of all persons legally committed or confined in the county local correctional facility of the county of the sheriff during the period of the commitment or confinement. Under the direction of the county court or board of county commissioners of the county, the sheriff may cause the prisoners in the county local correctional facility to engage in any work that is otherwise authorized by law. The work shall be performed at the places and times and in the manner as the court or board may direct. The sheriff may retain and put to work any prisoners as may be required to perform necessary services in and about the facility.
(2)(a) If the county is located within an intergovernmental corrections entity formed under ORS 190.265, the county sheriff of the county in which the facility is located is responsible for the physical custody and control of all persons legally committed to or confined in the facility during the period of the commitment or confinement and as provided in the intergovernmental agreement. The county sheriff may cause the prisoners in the local correctional facility to engage in any work that is otherwise authorized by law. The work shall be performed at the places and times and in the manner as the governing body of the intergovernmental corrections entity may direct. The sheriff may retain and put to work any prisoners as may be required to perform necessary services in and about the facility.
(b) Notwithstanding paragraph (a) of this subsection, a sheriff oversight committee has the responsibilities described in paragraph (a) of this subsection if the following requirements have been met:
(A) The agreement establishing the intergovernmental corrections entity provides for the formation and operation of a sheriff oversight committee;
(B) A sheriff oversight committee consisting of the sheriff of each county that is a member of the intergovernmental corrections entity has been formed; and
(C) Each sheriff has an equal vote on the sheriff oversight committee.
(c) A sheriff oversight committee formed as described in this subsection has all the duties and liabilities regarding the management of the local correctional facility and the physical custody and control of all persons legally committed to or confined in the facility as described in ORS 169.320 to 169.360 and 169.610 to 169.677. [Amended by 1973 c.740 §21; 1996 c.4 §5; 1999 c.801 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.330 - Civil liability for release of prisoner.

When a prisoner has been committed to the county local correctional facility to be held until the prisoner has paid a sum of money to a private party, or a fine or penalty to the state, and is permitted to depart the facility without legal order or process, the private party or the state may recover in a civil action against the sheriff, the damages sustained by reason of the prisoner’s departure. [Amended by 1961 c.649 §8; 1973 c.740 §22]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.340 - Liability for escape of defendant in a civil action.

(1) A sheriff who suffers the escape of a prisoner, arrested or in a local correctional facility, without the consent or connivance of the party on whose behalf the arrest or imprisonment was made, is liable to an action by such party, as follows:
(a) When the arrest is upon an order of arrest in a civil action, suit or proceeding; when the presence of the defendant at the return of the summons is necessary to enable the plaintiff to proceed therein, and the defendant does not appear at the time and place specified in the summons.
(b) When the arrest or imprisonment is upon an order of arrest in any other civil action, suit or proceeding, or upon a surrender in exoneration of the sheriff or security release, and the defendant is not found upon an execution against the person of the defendant issued to the proper county on a judgment in such action, suit, or proceeding.
(c) When the arrest is on an execution or commitment to enforce the payment of money, and the party interested is not recaptured or surrendered into custody at the expiration of the time limited for the service thereof, or legally discharged therefrom.
(d) When a person is imprisoned on an execution or commitment to enforce the payment of money, and the person escapes after the time limited for the service, and is not recaptured or surrendered before an action is commenced for the escape.
(2) The measure of damages in an action brought under subsection (1) of this section, is as follows:
(a) For the escape mentioned in subsection (1)(a) of this section, the actual damages sustained.
(b) In any other case, the amount expressed in the execution or commitment. [Amended by 1973 c.740 §23; 1999 c.1051 §259; 2003 c.576 §392]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.350 - Liability for failing to serve papers.

When a sheriff or the officer of the sheriff, upon whom is served a paper in a judicial proceeding directed to a prisoner in the custody of the sheriff or officer, fails to forthwith deliver it to the prisoner, with a note thereon of the time of its service, the sheriff is liable to the prisoner for all damages occasioned thereby, and if the sheriff or officer willfully fails to so act, such sheriff or officer is guilty of a misdemeanor.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.360 - Appointment of keeper of local correctional facility.

The sheriff may appoint a keeper of the county local correctional facility, to be denominated the jailer, for whose acts as such the sheriff is responsible. The appointment shall be in writing, and the sheriff shall file a certified copy thereof in the office of the county clerk. [Amended by 1973 c.740 §24]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.610 - Policy.

It is the policy of the Legislative Assembly to encourage better rehabilitative care to misdemeanants by encouraging the establishment of regional correctional facilities that can effectively provide a program that not only includes better custodial facilities than can be provided by cities or counties individually, but also that can provide work release, educational and other types of leave, and parole supervision by the Department of Corrections. [1971 c.636 §1; 1987 c.320 §99]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.620 - "Regional correctional facility" defined.

As used in ORS 169.610 to 169.677, "regional correctional facility" means a correctional facility operated pursuant to agreement as described in ORS 169.630 and used to house prisoners of the parties to the agreement, such prisoners having either pretrial or post-trial status. [1971 c.636 §2; 1985 c.708 §2]