reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.040 - General powers and duties; rules.

(1) The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall:
(a) Govern, manage and administer the affairs of the public institutions and works within their respective jurisdictions.
(b) Enter into contracts for the planning, erection, completion and furnishings of all new buildings or additions at their respective institutions.
(c) Subject to any applicable provisions of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280 and 283.110 to 283.395, enter into contracts for the purchase of supplies for their respective institutions.
(d) Make and adopt rules for the guidance of the agencies and for the government of their respective institutions.
(2) The agencies, respectively, may:
(a) Sue and plead in all courts of law and equity.
(b) Subject to ORS 279A.050 (7), procure, contract for or enter into agreements for goods and services of all kinds, including personal services contracts designated under ORS 279A.055, and perform all legal acts requisite and necessary for the successful management and maintenance of the institutions within their respective jurisdictions. [Amended by 1967 c.419 §57; 1969 c.597 §18; 1969 c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200; 2009 c.397 §1; 2009 c.595 §119]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.045 - Reports on convictions; forms; confidentiality.

(1) The clerk of a circuit or county court shall cause a report to be made to the Department of Corrections on each offender convicted of a felony or misdemeanor in the court and on each juvenile found to be within the jurisdiction of the court by reason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1).
(2) The Department of Corrections shall prescribe forms for the reports required under subsection (1) of this section. Information required may include the name, age, sex, crime or action and disposition of the offender or juvenile and such other information as the department by rule may require. Such reports are confidential and may not be used in evidence. [1967 c.635 §1; 1969 c.597 §14; 1987 c.320 §108; 1993 c.33 §317]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.050 - Authority to hold property.

The Department of Corrections, the Department of Human Services and the Oregon Health Authority may receive, take and hold property, both real and personal, for any institution within their respective jurisdictions. Title shall be taken in the name of the state. [Amended by 1969 c.597 §21; 1971 c.615 §11; 1987 c.320 §109; 2001 c.900 §28; 2009 c.595 §120]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.055 - Disposition of income from property; maintenance of property.

(1) The revenue from the rental or lease of property administered by an institution governed or managed by the Department of Corrections, the Department of Human Services or the Oregon Health Authority, except dormitory and housing rentals at institutions governed by the agencies, shall be deposited in the account of the respective agency for use by the respective agency to pay for the cost of administration, taxes, repairs and improvements on the property.
(2) The agencies may request the Oregon Department of Administrative Services to make necessary repairs and improvements on the property described in subsection (1) of this section to be paid for by the agencies from the proceeds derived from such rental or lease of the property or from appropriations otherwise available. [1961 c.652 §2(1),(2); 1969 c.597 §22; 1969 c.706 §64; 1971 c.615 §12; 1981 c.106 §10; 1983 c.599 §1; 1987 c.320 §110; 2001 c.900 §29; 2009 c.595 §121]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.065 - Furnishing utilities for institutions.

The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall have the same powers with respect to furnishing heat, light, power, sewage, fire protection and communications facilities to institutions under their respective jurisdictions as is granted to the Oregon Department of Administrative Services under ORS 276.210 to 276.228, 276.234 to 276.244, 276.250 and 276.252. The powers shall be exercised in accordance with and subject to the provisions of such sections. [1969 c.597 §20; 1987 c.320 §111; 2001 c.900 §30; 2009 c.595 §122]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.105 - Acceptance of federal or other assistance to carry out general powers and duties; legislative oversight of expenditures.

(1) For a purpose of ORS 179.040, including aid and support of research in any of the institutions, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may in their respective discretions accept from the United States or any of its agencies financial assistance and grants in the form of money or labor, or from any other source any donation or grant of land or gift of money or any other thing. Funds accepted in accordance with the provisions of this section and ORS 179.110 shall be deposited with the State Treasurer and, subject to subsection (2) of this section, are continuously appropriated to the Department of Corrections, the Department of Human Services or the Oregon Health Authority, as appropriate, and may be expended by the Department of Corrections, the Department of Human Services or the Oregon Health Authority according to the conditions and terms of the grant or donation.
(2) Funds received under subsection (1) of this section or ORS 179.110 shall be expended subject to expenditure limitations imposed on the Department of Corrections, the Department of Human Services or the Oregon Health Authority by the Legislative Assembly or, in the absence of such limitations, only after approval of the Legislative Assembly or of the Emergency Board, if approval is required during the interim between sessions of the Legislative Assembly.
(3) In any case where prior approval of the authority to expend any funds available under subsection (1) of this section or ORS 179.110 is imposed as a term or condition of receipt of such funds, the Legislative Assembly or the Emergency Board may approve expenditures of such funds prior to their receipt. [1961 c.651 §4; 1967 c.55 §1; 1969 c.597 §23; 1987 c.320 §112; 2001 c.900 §31; 2003 c.14 §74; 2005 c.755 §2; 2009 c.595 §123]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.110 - Use of federal grants; cooperation with federal agencies; disposition of balances of appropriations.

Subject to the approval of the Director of the Oregon Department of Administrative Services, the Department of Corrections, the Department of Human Services and the Oregon Health Authority, respectively, may accept and receive grants of funds from the United States or any of its agencies for the construction, equipment and betterment of any of the institutions under its jurisdiction and may cooperate with the United States or its agencies in such construction, equipment and betterment. Any balances of appropriations for capital outlay for any institution resulting from the use of funds so received shall be placed in a common fund. The Department of Corrections, the Department of Human Services and the Oregon Health Authority are authorized and empowered in their discretion to expend such common fund or any portion thereof in the construction, equipment or betterment of any institution under its jurisdiction. [Amended by 1961 c.651 §1; 1969 c.597 §24; 1987 c.320 §113; 2001 c.900 §32; 2009 c.595 §124]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.130 - Institutional petty cash fund; creation; reimbursement from appropriation for institution.

(1) The executive head of each institution may execute a claim voucher against the Institutional Betterment Fund to the credit of the institution, in favor of the executive head of the institution, in such amount as shall be approved by the Director of the Oregon Department of Administrative Services, for use by the institution as a revolving fund in paying the petty claims and incidental expenses arising in the proper conduct of the institution. The executive head may establish petty cash funds within the revolving fund by drawing checks upon the revolving fund payable to the custodians. Petty cash funds established to disburse funds to residents shall be kept separate from petty cash funds established to pay incidental expenses of the institution.
(2) The executive head shall reimburse the revolving fund by drawing upon funds appropriated for the expenses of the institution or, when funds have been disbursed to a resident, by drawing upon the trust account created in ORS 179.510. [Amended by 1969 c.597 §15; 1999 c.829 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.140 - Auditing and paying claims; approval of vouchers.

Subject to any applicable provision of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to 291.260, all claims for supplies or materials furnished or services rendered to institutions shall be audited and approved as provided by law, upon the presentation of duly verified vouchers therefor, approved in writing by the Director of the Department of Corrections, the Director of Human Services or the Director of the Oregon Health Authority, or by their designees. [Amended by 1971 c.63 §1; 1973 c.248 §1; 1987 c.320 §114; 2001 c.900 §33; 2003 c.794 §201; 2009 c.595 §125]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.150 - Interest in contracts prohibited.

No officer of the Department of Corrections, the Department of Human Services or the Oregon Health Authority or officer, employee or other person connected with an institution shall be pecuniarily interested in any contract for supplies or services furnished or rendered to an institution, other than the services of regular employment. [Amended by 1971 c.63 §2; 1987 c.320 §115; 2009 c.595 §126]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.210 - Claim for injury or damage; conditions.

(1) The Department of Human Services, the Department of Corrections, the Oregon Health Authority and the Superintendent of Public Instruction may audit, allow and pay a claim for damage to property made by an employee of one of those agencies if:
(a) The damage to property arises out of the claimant’s employment at one of the institutions or facilities operated by the agencies, or the school operated by the Superintendent of Public Instruction under ORS 346.010; and
(b) The employee files a written claim with the employee’s employer within 180 days after the employee discovers or should have discovered the damage.
(2) No claim under subsection (1) of this section shall be paid:
(a) That exceeds, in the aggregate with payments of other claims, the moneys appropriated for such purpose.
(b) To the extent that the person incurring damage has been or may be compensated by liability insurance or otherwise.
(c) If the agencies or the Superintendent of Public Instruction determines the cause or occasion of the accident resulting in damage is chargeable to the conduct or negligence of the party damaged. [1965 c.476 §§2,3; 1967 c.454 §89; 1969 c.597 §29; 1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1; 2007 c.858 §57; 2009 c.562 §14; 2009 c.595 §127]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.230 - Rejection of claim final and not reviewable.

The decision of the Department of Human Services, the Department of Corrections, the Oregon Health Authority or the Superintendent of Public Instruction to reject any claim filed under ORS 179.210 is final, and is not subject to review under ORS chapter 183, or by any other agency or court. The provisions of this section do not affect any other remedy that may be available to the claimant under law. [1965 c.476 §5; 1967 c.454 §90; 1969 c.597 §31; 1987 c.410 §6; 1995 c.452 §2; 2009 c.595 §128]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.240 - Procedure where award due person owing debt to state.

(1) If any person owes a debt to this state or a state agency, and the debt has been fixed by final judgment of a court of competent jurisdiction or is no longer subject to judicial review, the Department of Corrections, the Department of Human Services or the Oregon Health Authority shall deduct the amount of the debt from any award made to that person under ORS 179.210.
(2) The agencies shall request the State Treasurer to transfer to the appropriate fund or account to which the debt is owed, an amount equal to the amount deducted from the award under subsection (1) of this section, for use during that biennium in accordance with law by the state agency administering the fund or account to which the debt is owed. The State Treasurer shall evidence the transfer by proper bookkeeping entries. If the Department of Corrections, the Department of Human Services, the Oregon Health Authority or the State Treasurer cannot determine the appropriate fund or account, the amount shall be transferred to the General Fund for general governmental purposes.
(3) Any debt owed by a person to this state or a state agency is satisfied, upon the completion of a transfer made pursuant to subsection (2) of this section, to the extent of the amount so transferred. [1965 c.476 §6; 1987 c.320 §117; 1995 c.452 §3; 2001 c.900 §34; 2009 c.595 §129]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.321 - Responsibility to supervise state institutions.

(1) The Oregon Health Authority shall operate, control, manage and supervise the Oregon State Hospital campuses.
(2) The Department of Corrections shall operate, control, manage and supervise those institutions defined as Department of Corrections institutions in ORS 421.005. [1965 c.616 §79 (enacted in lieu of 179.320); 1969 c.597 §38; 1971 c.212 §5; 1971 c.301 §16; 1971 c.401 §82; 1983 c.505 §12; 1983 c.740 §43; 1987 c.320 §118; 2001 c.900 §35; 2007 c.14 §4; 2009 c.595 §130; 2013 c.36 §38; 2015 c.318 §10]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.325 - Change in use of institution for persons with developmental disabilities or mental illness.

(1) The Department of Human Services may order the change, in all or part, of the purpose and use of any state institution being used as an institution for the care and treatment of persons with developmental disabilities in order to care for persons committed to its custody whenever the department determines that a change in purpose and use will better enable this state to meet its responsibilities to persons with developmental disabilities. In determining whether to order the change, the department shall consider changes in the number and source of the admissions of persons with developmental disabilities.
(2) The Oregon Health Authority may order the change, in all or part, of the purpose and use of any state institution being used as an institution for the care and treatment of persons with mental illness in order to care for persons committed to its custody whenever the authority determines that a change in purpose and use will better enable this state to meet its responsibilities to persons with mental illness. In determining whether to order the change, the authority shall consider changes in the number and source of the admissions of persons with mental illness. [1965 c.595 §1; 1969 c.597 §39; 1979 c.683 §3; 2007 c.70 §41; 2009 c.595 §131; 2013 c.36 §39; 2015 c.27 §16]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.331 - Appointment, suspension and removal of superintendents.

(1) The superintendents shall be appointed and, whenever the public service requires such action, may be removed, suspended or discharged, as follows:
(a) The superintendent of the Oregon State Hospital, by the Director of the Oregon Health Authority.
(b) The superintendents of Department of Corrections institutions as defined in ORS 421.005, by the Director of the Department of Corrections.
(2) For purposes of the State Personnel Relations Law, the superintendents are assigned to the unclassified service. [1965 c.616 §81 (enacted in lieu of 179.330); 1969 c.597 §26; 1971 c.301 §17; 1987 c.320 §119; 2003 c.14 §75; 2009 c.595 §132; 2013 c.36 §40; 2015 c.318 §11]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.340 - Salaries and expenses of superintendents.

(1) The annual salaries of the superintendents shall be fixed, within the respective appropriations therefor and the limitations otherwise fixed by law by their respective appointing authorities.
(2) The superintendents shall receive no fees, emoluments or compensation other than salaries fixed under subsection (1) of this section, but shall receive their actual traveling expenses when traveling in the service of the state. [Amended by 1963 c.471 §2; 1965 c.616 §82; 1969 c.597 §27]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.360 - Powers and duties of superintendents.

(1) Each superintendent shall:
(a) Have custody of the residents of the institution under jurisdiction of the superintendent.
(b) Direct the care, custody and training of the residents unless otherwise directed by law or by rule.
(c) Adopt sanitary measures for the health and comfort of the residents.
(d) Promote the mental, moral and physical welfare and development of the residents.
(e) Enjoy the other powers and privileges and perform the other duties that are prescribed by law or by rule or that naturally attach themselves to the position of superintendent.
(2) The Director of the Department of Corrections and the Director of the Oregon Health Authority shall prescribe for their respective institutions:
(a) The duties of the superintendents where the duties are not prescribed by law.
(b) The additional duties, beyond those prescribed by law, that each agency director considers necessary for the good of the public service. [Amended by 1969 c.391 §14; 1969 c.597 §34; 1979 c.683 §4; 1987 c.320 §120; 2001 c.900 §36; 2009 c.59 §3; 2009 c.595 §133; 2013 c.36 §41; 2017 c.223 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.370 - Residence of superintendents at institutions.

The Director of the Department of Corrections or the Director of the Oregon Health Authority may require that a superintendent reside in state-provided housing at the institution under the jurisdiction of the superintendent. The rental shall be determined pursuant to ORS 182.425. [Amended by 1959 c.80 §1; 1969 c.597 §35; 1977 c.583 §1; 1987 c.320 §120a; 1989 c.171 §21; 2009 c.595 §134; 2013 c.36 §42]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.375 - Chaplaincy services.

(1) The Department of Corrections and the Oregon Health Authority shall ensure that adequate chaplaincy services, including but not limited to Protestant and Roman Catholic, are available at their respective institutions.
(2) Chaplains serving the various institutions shall, with respect to the adults in custody or patients at such institutions:
(a) Provide for and attend to their spiritual needs.
(b) Visit them for the purpose of giving religious and moral instruction.
(c) Participate in the rehabilitation programs affecting them. [1963 c.554 §2; 1987 c.320 §121; 2009 c.595 §135; 2013 c.36 §43; 2019 c.213 §124]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.380 - Employment of staff; oaths and bonds.

(1) The Department of Corrections and the Oregon Health Authority shall authorize the employment of all necessary physicians, attendants, nurses, engineers, messengers, clerks, guards, cooks, waiters and other officers and employees not specifically authorized by law and necessary to the successful maintenance of their respective institutions. The amounts expended for the services of such officers and employees shall not exceed the amounts provided therefor in the biennial appropriations for the institution.
(2) The agencies shall designate in their respective rules which employees shall be officers, and shall require all officers to take and subscribe to an oath of office and, if the circumstances require it, to furnish bonds. [Amended by 1969 c.597 §36; 1987 c.320 §122; 1999 c.59 §35; 2001 c.900 §37; 2009 c.595 §136; 2013 c.36 §44]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.385 - Scholarship programs to train personnel for institutions; rules.

The Department of Corrections and the Oregon Health Authority, respectively, may establish scholarship programs to provide assistance in securing qualified personnel at state institutions governed by them. Scholarships authorized by this section shall be granted in accordance with rules and regulations adopted respectively by the agencies. [1961 c.363 §2; 1987 c.320 §123; 2001 c.900 §38; 2009 c.595 §137; 2013 c.36 §45]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.390 - Appointment, suspension, removal and salaries of assistants, officers and employees; contract services.

(1) The superintendent of an institution within the jurisdiction of the Department of Corrections shall, subject to the approval of the Director of the Department of Corrections, appoint in the manner provided by law all assistants, officers and other employees at the institution under the jurisdiction of the superintendent. The superintendent may suspend or remove an assistant, officer or other employee in the manner provided by law, reporting all acts of suspension or removal to the Director of the Department of Corrections for approval or disapproval.
(2) The Director of the Oregon Health Authority or a designee at a facility under the jurisdiction of the Oregon Health Authority shall, as provided by law, appoint, suspend or discharge an employee of the authority. The director or a designee shall discharge an employee at a facility under the jurisdiction of the authority if it has been substantiated that the employee physically or sexually abused a patient or client.
(3) The Director of the Department of Corrections and the Director of the Oregon Health Authority shall:
(a) Fix the salaries of assistants, officers and employees where their salary is not fixed by law.
(b) Suspend or discharge any subordinate of a superintendent when public service requires such action, except when suspending or discharging the subordinate violates the State Personnel Relations Law under ORS chapter 240.
(4) The Director of the Oregon Health Authority may designate up to three employees at each facility under the jurisdiction of the Oregon Health Authority to act in the name of the director in accordance with ORS 240.400.
(5) In addition to or in lieu of employing physicians, the Director of the Department of Corrections or the designee of the director may contract for the personal services of physicians licensed to practice medicine by the Oregon Medical Board or naturopathic physicians licensed under ORS chapter 685 to serve as medical advisors for the Oregon Health Authority. Advisors under contracts entered into under this subsection shall be directly responsible for administration of medical treatment programs at penal and correctional institutions, as defined in ORS 421.005. [Amended by 1969 c.597 §37; 1973 c.807 §1; 1987 c.78 §1; 1987 c.320 §123a; 2001 c.900 §39; 2009 c.595 §138; 2013 c.36 §46; 2017 c.356 §23; 2019 c.357 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.400 - Rentals to officers and employees at institution.

The superintendent of an institution may rent state-provided housing located at the institution under the jurisdiction of the superintendent to state officers and employees or others. The rental shall be determined pursuant to ORS 182.425. [Amended by 1977 c.583 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.405 - License required for teachers at institution.

A Department of Corrections institution or a youth correction facility as defined in ORS 420.005 may not employ persons regularly as teachers who are not licensed. [Formerly 342.174; 2001 c.295 §16; 2013 c.36 §47]
Note:
179.405 was added to and made a part of ORS chapter 179 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.440 - Work in production of articles and performance of labor for state.

In order to minimize the cost of maintaining the institutions, all wards of the state who are capable of a reasonable amount of work without physical or mental injury to themselves shall be used as fully as possible in the production and manufacture of articles for the use of the state and in the performance of labor for the state.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.450 - Work on state-owned land.

The Department of Corrections and the Oregon Health Authority may direct the employment of able-bodied persons at the agencies’ respective institutions, in the performance of useful work upon land owned by the state if it does not compete with free labor. Work may not be performed upon any such land except by consent and approval of the agency of the state having management of the land. [Amended by 1955 c.660 §26; 1965 c.616 §86; 1987 c.320 §124; 2007 c.70 §42; 2009 c.595 §139; 2013 c.36 §48]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.460 - Sale and exchange of surplus products of institutions; rules; State Institutional Betterment Fund.

(1) In order to encourage industry and thereby increase productiveness in the institutions, the Department of Corrections and the Oregon Health Authority shall prescribe rules and regulations for the sale and exchange of surplus products of each.
(2) The funds derived from the sale of the surplus products shall be paid into the State Treasury and become a part of a fund to be known as the State Institutional Betterment Fund, which fund shall be expended by the agencies, respectively, for the benefit of the institutions in proportion to the amount earned by each.
(3) The provisions of this section apply to the school operated under ORS 346.010. [Amended by 1971 c.301 §18; 1987 c.320 §125; 2001 c.900 §40; 2007 c.858 §58; 2009 c.562 §15; 2009 c.595 §140; 2013 c.36 §49]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.471 - Definitions for ORS 179.473 and 179.478.

As used in ORS 179.473 and 179.478, unless the context requires otherwise:
(1) "Adjudicated youth" has the meaning given that term in ORS 419A.004.
(2) "Youth correction facility" has the meaning given that term in ORS 420.005. [1999 c.110 §1; 2021 c.489 §18]
Note:
179.471 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.478 - Examination for intellectual disability; commitment hearing; transfer to facility for persons with intellectual disability; termination of sentence.

(1) If an adult in custody or adjudicated youth, a relative, guardian or friend of an adult in custody or adjudicated youth, or institution staff have probable cause to believe that an adult in custody or adjudicated youth is a person with an intellectual disability to such a degree that the adult in custody or adjudicated youth cannot adjust to or benefit from the Department of Corrections institution or youth correction facility, the superintendent of the institution shall request that a diagnostic evaluation described in ORS 427.105 be performed by the Department of Human Services or its designee. If there is probable cause to believe that the adult in custody or adjudicated youth is a person with an intellectual disability and is in need of commitment for residential care, treatment and training pursuant to ORS 427.235 to 427.292, the adult in custody or adjudicated youth shall be entitled to a commitment hearing.
(2) If the adult in custody or adjudicated youth is by clear and convincing evidence determined by the court to be a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the person shall be committed to the Department of Human Services and transferred to a facility designated by the department as soon as space in an appropriate facility is available, and any sentence to a Department of Corrections institution or commitment to the youth correction facility shall be terminated. [1977 c.601 §5; 1979 c.683 §35; 1987 c.320 §129; 1999 c.110 §5; 2001 c.900 §41; 2007 c.70 §44; 2011 c.658 §33; 2013 c.36 §51; 2019 c.213 §49; 2021 c.489 §20]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.479 - Conveyance of adults in custody from institution to physician or hospital for treatment; rules.

(1) The superintendent or other chief executive officer of an institution described in ORS 179.321 may, when authorized by regulation or direction of the Department of Corrections or the Oregon Health Authority, convey an adult in custody to a physician, clinic or hospital, including the Oregon Health and Science University, for medical, surgical or dental treatment when such treatment cannot satisfactorily be provided at the institution. An adult in custody conveyed for treatment pursuant to this section shall be kept in the custody of the institution from which the adult in custody is conveyed.
(2) The Department of Corrections and the Oregon Health Authority shall prescribe rules and regulations governing conveyances authorized by this section. [1957 c.160 §3; 1969 c.597 §42; 1975 c.693 §1; 1987 c.320 §130; 1999 c.59 §36; 2001 c.900 §42; 2009 c.595 §142; 2013 c.36 §52; 2019 c.213 §125]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.483 - Time spent pursuant to transfer or conveyance counted as part of sentence.

Any time spent by an adult in custody in a Department of Corrections institution pursuant to a transfer or conveyance shall be counted as part of the sentence being served by the adult in custody. [1957 c.160 §4; 1987 c.320 §131; 2019 c.213 §50]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.485 - Rights of person transferred to institution for persons with mental illness or intellectual disabilities.

Persons transferred to a state institution for persons with mental illness or intellectual disabilities under ORS 179.473, 179.478 and 420.505 shall be entitled to the same legal rights as any other persons admitted to those institutions. [1977 c.601 §6; 2007 c.70 §45; 2011 c.658 §34]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.486 - Payment of costs in connection with transfers and conveyances; medical reports to accompany certain inmates.

(1) The institution from which a transfer or conveyance is made shall pay from its appropriation the cost of such of the following items as may be incurred in a particular case:
(a) Transportation and other expenses incidental to the transfer or conveyance, including the expenses of attendants where an attendant is directed to accompany the adult in custody.
(b) Hospital expenses incurred at the Oregon Health and Science University.
(c) Examination, treatment and hospital expenses incurred in favor of a physician, naturopathic physician, clinic or hospital, other than the Oregon Health and Science University.
(2) An adult in custody transferred or conveyed to the Oregon Health and Science University shall be accompanied by a report made by the physician or naturopathic physician in charge of the institution from which the transfer or conveyance is made, or by another physician or naturopathic physician designated by the physician or naturopathic physician in charge. The report shall contain the history of the case and the information required by blanks prepared by the School of Medicine or School of Dentistry, as the case may be. [1957 c.160 §5; 2017 c.356 §24; 2019 c.213 §51]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.490 - Authorization and payment of cost of emergency and necessary operations.

In the case of a necessary or emergency operation requiring the services of a specialist, and where the relatives or guardians, in the judgment of the Department of Corrections or the Oregon Health Authority, are unable to pay a part or the whole cost of the operation, the agencies may have the operation performed, the cost of the operation to be payable from the funds of the institution concerned. [Amended by 1987 c.320 §132; 2001 c.900 §43; 2009 c.595 §143; 2013 c.36 §53; 2015 c.27 §17]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.492 - Dispensing of brand-name mental health drugs.

(1) The Department of Corrections, the Department of Human Services or the Oregon Health Authority shall dispense as written a prescription for a brand-name mental health drug prescribed for a person while the person is in the custody of an institution described in ORS 179.321 or who has been committed pursuant to ORS 427.235 to 427.292, if the prescription specifies "dispense as written" or contains the notation "D.A.W." or other words of similar meaning.
(2) If, at the time of commitment to the custody of an institution described in ORS 179.321 or to the custody of the Department of Human Services under ORS 427.290, a person has a prescription for a specified brand-name mental health drug and the prescription specifies "dispense as written" or contains the notation "D.A.W." or other words of similar meaning, the Department of Corrections, the Department of Human Services or the Oregon Health Authority shall ensure that the person is prescribed the specified brand-name drug until a licensed health professional with prescriptive privileges evaluates the person and becomes responsible for the treatment of the person. [2005 c.691 §7; 2009 c.595 §144; 2013 c.36 §54]
Note:
179.492 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.495 - Disclosure of written accounts of adult in custody; penalty.

(1) Written accounts of the adults in custody of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, are not subject to disclosure unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505 (3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17) or 179.508 or upon order of a court of competent jurisdiction. The restriction contained in this section does not apply to disclosure of written accounts made under ORS 179.505 (3) with the authorization of the individual or a personal representative of the individual.
(2) Except as authorized under subsection (1) of this section, any person who discloses or any person who knowingly obtains information from a written account referred to in subsection (1) of this section commits a Class B violation.
(3) As used in this section, "disclosure," "personal representative" and "written account" have the meanings given those terms in ORS 179.505. [1955 c.452 §1; 1969 c.597 §44; 1973 c.736 §3; 1977 c.812 §5; 1987 c.320 §133; 1991 c.807 §2; 1999 c.1051 §165; 2003 c.14 §76; 2003 c.88 §1; 2005 c.498 §4; 2019 c.213 §52]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.507 - Enforcement of ORS 179.495 and 179.505; actions; venue; damages.

(1) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action for equitable relief in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for the purpose of requiring compliance with ORS 179.495 and 179.505. In an action brought under this section, the court shall order payment of reasonable attorney fees at trial and on appeal and actual costs and disbursements to the prevailing party.
(2) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for damages for any violation of ORS 179.495 or 179.505 and to restrain future violations. If a violation of ORS 179.495 or 179.505 is proven, the person commencing the action shall recover actual damages or $500, whichever is greater. Upon a showing of an intentional violation of ORS 179.495 or 179.505, the individual may receive punitive damages. The prevailing party in an action brought under this subsection shall receive reasonable attorney fees at trial and on appeal and costs and disbursements actually incurred. [1977 c.812 §4; 1979 c.284 §120; 1981 c.897 §39; 2003 c.88 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.508 - Disclosure of individually identifiable health information about adult in custody.

(1) The Department of Corrections may disclose individually identifiable health information without obtaining an authorization from an adult in custody or a personal representative of the adult in custody if disclosure of the information is necessary for:
(a) The provision of health care to the adult in custody;
(b) The health and safety of the adult in custody or other adults in custody;
(c) The health and safety of the officers or employees of or others at the Department of Corrections institution as defined in ORS 421.005 where the adult in custody is incarcerated;
(d) The health and safety of the adult in custody or officers or other persons responsible for transporting or transferring adults in custody from one setting to another;
(e) Law enforcement purposes on the premises of the correctional institution; or
(f) The administration and maintenance of the safety, security and good order of the correctional institution.
(2) As used in this section, "disclosure," "individually identifiable health information" and "personal representative" have the meanings given those terms in ORS 179.505. [2003 c.88 §4; 2019 c.213 §53]
Note:
179.508 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.509 - Reports on deaths at institutions; compilation submitted to President and Speaker.

(1) The superintendent of each state institution shall submit quarterly reports on the number of deaths, including the ages of the deceased, the causes of death and the disposition of the remains, within the institution to the Department of Corrections or the Oregon Health Authority, as the case may be, having jurisdiction over the institution.
(2) The agencies shall compile the reports described in subsection (1) of this section and submit them quarterly to the offices of the President of the Senate and of the Speaker of the House of Representatives. [1985 c.207 §26; 1987 c.320 §135; 2001 c.900 §45; 2009 c.595 §146; 2013 c.36 §56]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.510 - "Funds" defined; deposit of funds of institution residents with State Treasurer.

(1) The superintendent or state agency that possesses or controls funds that are the property of the residents of such institutions or that have been deposited for their use or for expenditure in their behalf shall deposit such funds, as they are received, together with any such funds as heretofore have accumulated, with the State Treasurer as a trust account, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account.
(2) The word "funds" as used in ORS 179.510 to 179.530 shall include, but shall not be limited to, moneys deposited with the superintendents or state agencies for medical care or assistance of residents, moneys derived from athletic activities, contributions for athletic, health, or recreation projects, and any other moneys received by the superintendents or state agencies that are not required by law to be credited to other state funds or accounts. [Formerly 179.710; 1969 c.597 §46; 1979 c.683 §5; 1989 c.966 §3; 1991 c.271 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.520 - Authorization to receive funds of institution residents; separate accounts.

The superintendent or state agencies are authorized to receive any of the funds referred to in ORS 179.510 to 179.530. The State Treasurer shall carry such funds in separate accounts for such institutions, or in a single account for all institutions operated by a single state agency, but shall not credit such funds or any part thereof to any state fund for governmental purposes. [Formerly 179.720; 1991 c.271 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 179 - Administration of State Institutions › Section 179.530 - Disbursements from accounts; accountability.

Disbursements from the accounts for the purposes for which the contributions or payments were made, and for payment to persons lawfully entitled thereto, may be made by the superintendent of the institution by which the funds were deposited, or by the state agency having jurisdiction over the institution, by checks or orders drawn upon the State Treasurer. The superintendent or state agency shall be accountable for the proper handling of the account. [Formerly 179.730; 1991 c.271 §3]