68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
HA to HB 2903
LC 3353
HOUSE AMENDMENTS TO
HOUSE BILL 2903
By COMMITTEE ON JUDICIARY
May 4
In line 2 of the printed bill, after the semicolon insert '
creating new provisions; amending ORS 144.420, 144.430, 144.450,
144.470, 144.480, 144.490, 144.500, 144.525, 421.305, 421.310,
421.325, 421.470, 421.475, 655.505, 655.510, 655.515, 655.520 and
655.525; repealing ORS 421.060, 421.065 and 421.408;
appropriating money;'.
Delete lines 5 through 25 and insert:
' { + SECTION 1. + } { + (1) In exercising its functions
under section 41, Article I, Oregon Constitution (Measure No.
17), the Prison Industries Board shall be advised by an advisory
committee in the executive branch consisting of nine members
appointed by the Governor and confirmed by the Senate under ORS
171.562 and 171.565.
' (2) The advisory committee appointed under subsection (1) of
this section shall provide such advice and assistance to the
Prison Industries Board in developing and implementing the
programs provided for in section 41, Article I, Oregon
Constitution (Measure No. 17) as directed by the board by rule.
' (3) Members of the advisory committee shall meet at such
times and places and elect such officers and make such rules for
the conduct of advisory committee business as the Prison
Industries Board may direct. The Director of the Department of
Corrections shall be the executive secretary of the advisory
committee.
' (4) Members of the advisory committee are entitled to
compensation under ORS 292.495.
' (5) Expenses of the advisory committee shall be paid from
funds appropriated to the Department of Corrections and the
Department of Corrections shall provide staff for the advisory
committee. + }
' { + SECTION 2. + } { + (1) A subordinate executive branch
officer, appointed by the Prison Industries Board, shall assist
the Prison Industries Board in exercising its functions under
section 41, Article I, Oregon Constitution (Measure No. 17).
' (2) The board shall prescribe and assign to the officer any
duties the board deems necessary or advisable. + }
' { + SECTION 3. + } ORS 144.420 is amended to read:
' 144.420. (1) The Department of Corrections shall establish
and administer a work release program in which a misdemeanant or
felon may participate, and if confined, be authorized to leave
assigned quarters for the purpose of:
' (a) Working in this state at gainful private employment that
has been approved by the department.
' { + (b) Participating in an inmate work program approved by
the Director of the Department of Corrections, including work
with public or private agencies or persons, with or without
compensation. + }
' { - (b) - } { + (c) + } Obtaining in this state additional
education, including but not limited to vocational, technical and
general education.
' { - (c) - } { + (d) + } Participating in alcohol or drug
treatment programs.
' { - (d) - } { + (e) + } Participating in mental health
programs.
' { - (e) - } { + (f) + } Specific treatment to develop
independent living skills.
' (2) The Department of Corrections is responsible for the
quartering and supervision of persons enrolled in the work
release program. The Department of Corrections may house for
rehabilitative purposes, in a work release facility, a parolee
under the jurisdiction of the State Board of Parole and
Post-Prison Supervision, with the written consent of the parolee
and the approval of the board, in accordance with procedures
established by the department and the board.
' { + SECTION 4. + } ORS 144.430 is amended to read:
' 144.430. (1) The Department of Corrections shall administer
the work release program by means of such staff organization and
personnel as the director considers necessary. In addition to
other duties, the department shall:
' (a) Locate employment for qualified applicants;
' (b) Effect placement of persons under the work release
program;
' { + (c) Provide security training approved by the
department to persons responsible for supervising persons
participating in an inmate work program; + }
' { - (c) - } { + (d) + } Collect, account for and make
disbursements from earnings { + , if any, + } of persons under
the work release program;
' { - (d) - } { + (e) + } Generally promote public
understanding and acceptance of the work release program; and
' { - (e) - } { + (f) + } Establish and maintain community
centers.
' (2) The Department of Corrections may enter into agreements
with other public or private agencies { + or persons + } for
providing services relating to work release programs.
' (3) In carrying out the provisions of this section, the
Department of Corrections may enter into agreements with the
Vocational Rehabilitation Division to provide such services as
determined by the Department of Corrections and as the Vocational
Rehabilitation Division is authorized to provide under ORS
344.511 to 344.550.
' { + SECTION 5. + } ORS 144.450 is amended to read:
' 144.450. (1) The Director { + of the Department of
Corrections + } shall approve or reject each recommendation under
ORS 144.440 or 421.170 for enrollment in the work release
program. No person may be enrolled without the consent of the
person in writing. Rejection by the director of a recommendation
does not preclude submission under ORS 421.170 of subsequent
recommendations regarding enrollment of the same person.
{ + ' (2) An inmate may be assigned by the Department of
Corrections to participate in an inmate work program, or in
education, alcohol and drug treatment or mental health or other
specific treatment program to develop independent living skills,
without the inmate's consent. + }
' { - (2) - } { + (3) + } The director shall promulgate
rules for carrying out ORS 144.410 to 144.525 and 421.170.
' { - (3) - } { + (4) + } In approving a recommendation and
enrolling a person in the work release program, { + or in
assigning an inmate to participate in an inmate work program or
in education, alcohol and drug treatment or mental health or
other specific treatment program to develop independent living
skills, + } the director may prescribe any specific conditions
that the director finds appropriate to assure compliance by the
person with the general procedures and objectives of the work
release program.
' { - (4) - } { + (5) + } ORS 183.410 to 183.500 do not
apply to actions taken under this section.
' { + SECTION 6. + } ORS 144.470 is amended to read:
' 144.470. (1) Each person enrolled in the work release
program { + and working in gainful private employment + } shall
promptly surrender to the Department of Corrections all earnings
as the person receives them, other than amounts involuntarily
withheld by the employer of the person. { - The department
shall: - }
' { - (a) Deduct from the earnings an amount determined to be
the cost of quartering, feeding and clothing the person; - }
' { - (b) Allow the person a sufficient amount of money from
the earnings to cover incidental expenses arising out of
employment; - }
' { - (c) Make provision for payment of the person's debts and
fines incurred prior to enrollment in the program, as directed by
the sentencing court; and - }
' { - (d) Cause to be paid, to the person's dependents, such
part of any balance of the person's earnings remaining after
deductions under paragraphs (a) to (c) of this subsection as are
necessary for the support of such dependents. - }
' { - (2) Any balance of a person's earnings remaining after
all deductions have been made under this section shall be: - }
' { - (a) Paid to the person upon release under ORS 144.515;
or - }
' { - (b) Credited to the account of the person in the
Department of Corrections institution if the person is returned
under ORS 144.500. - }
{ + ' (2) The Director of the Department of Corrections shall
provide, in accordance with rules adopted by the department, that
earnings from gainful private employment, or compensation paid to
an inmate assigned to participate in an inmate work program
established under ORS 144.420, may be used only for the following
purposes:
' (a) Reimbursement for all or a portion of the costs of the
inmate's rehabilitation, housing, health care and living costs;
' (b) Restitution or compensation to the victim of the inmate's
crime;
' (c) Restitution or compensation to the victims of crime
generally through a fund designated for that purpose;
' (d) Financial support for those members of the immediate
family of the inmate who live outside of a corrections
institution; and
' (e) Payment of fines, court costs and applicable taxes. + }
' { + SECTION 7. + } ORS 144.480 is amended to read:
' 144.480. (1) Persons enrolled in a work release program
{ + and working in gainful private employment + } are entitled
to the protection and benefits of ORS 653.265, 653.305 and
653.310 to 653.545 and ORS chapters 651, 652, 654, { - 656, - }
659 and 660 to the same extent as other employees of their
employer { + , except that any compensation paid to such persons
is not subject to any provision establishing or requiring a
minimum or prevailing wage unless required to comply with federal
law + }. { - Compensation paid under ORS chapter 656 that is
not expended on medical services shall be treated in the same
manner as the person's earnings are treated under ORS
144.470. - }
{ + ' (2) Persons working in gainful private employment or
assigned to participate in an inmate work program established
under ORS 144.420 are entitled to the protection and benefits of
ORS 655.505 to 655.550. + }
' { - (2) - } { + (3) + } Persons enrolled { + , or assigned
to participate, + } in a work release program are not entitled to
benefits:
' (a) Under ORS { - 655.505 to 655.550 arising out of any
employment during their enrollment if they are eligible for
benefits under ORS - } chapter 656 { - pursuant to subsection
(1) of this section - } ; or
' (b) Under ORS chapters 657 and 657A during their enrollment.
' { + SECTION 8. + } ORS 144.490 is amended to read:
' 144.490. (1) A person enrolled { + , or assigned to
participate, + } in the work release program is not an agent,
employee or servant of a Department of Corrections institution,
the department or this state:
' (a) While working { - in employment under the program, or
seeking such employment - } { + , seeking gainful employment or
otherwise participating, in an inmate work program + }; or
' (b) While going to { + the place of + } such employment
{ + or work assignment + } from the place where the person is
quartered, or while returning therefrom.
' (2) For purposes of this chapter, a person enrolled { + , or
assigned to participate, + } in the work release program
established under ORS 144.420 is considered to be an inmate of a
Department of Corrections institution.
' { + SECTION 9. + } ORS 144.500 is amended to read:
' 144.500. (1) If a person enrolled { + , or assigned to
participate, + } in the work release program violates any law, or
any rule or specific condition applicable to the person under ORS
144.450, the Department of Corrections may immediately terminate
that person's enrollment in { + , or assignment to, + } the work
release program and transfer the person to a Department of
Corrections institution for the remainder of the sentence.
' (2) Absence, without a reason that is acceptable to the
Director { + of the Department of Corrections + }, of a person
enrolled in { + , or assigned to, + } a work release program from
the place of employment { + , work assignment + } or designated
quarters, at any time contrary to the rules or specific
conditions applicable to the person under ORS 144.450:
' (a) Immediately terminates the enrollment of the person
in { + , or assignment of the person to, + } the work release
program.
' (b) Constitutes an escape from a correctional facility under
ORS 162.155.
' { + SECTION 10. + } ORS 144.525 is amended to read:
' 144.525. The Director of the Department of Corrections shall
deposit in { - a trust account with the State Treasurer - }
{ + the State Prison Work Programs Account + }, as they are
received, moneys surrendered to the Department { + of
Corrections + } under ORS 144.470.
{ - The State Treasurer shall not credit moneys in the trust
account to any state fund for governmental purposes. - }
Disbursements from the { - trust - } account for purposes
authorized by ORS 144.470 may be made by the director { + ,
subject to approval by the Prison Industries Board, + } by checks
or orders drawn upon the { - State Treasurer - } { +
account + }. The director is accountable for the proper handling
of the { - trust - } account.
' { + SECTION 11. + } ORS 421.305 is amended to read:
' 421.305. (1) The Director of the Department of Corrections,
in accordance with rules adopted by the { - board of directors
established in ORS 421.310 - } { + department + }, may:
' (a) Install and equip plants in any of the Department of
Corrections institutions for the employment of any of the inmates
therein in forms of industry and employment not inconsistent with
{ - ORS 421.305 to 421.340 and 421.410 - } { + section 41,
Article I, Oregon Constitution (Measure No. 17) + }.
' (b) Purchase, acquire, install, maintain and operate
materials, machinery and appliances necessary in the conduct and
operation of such plants.
' (c) Enter into contracts or agreements with private business
concerns or government agencies to accomplish the marketing of
products or services produced by inmates or the production of
goods, wares or services by inmates on behalf of the business
concern or agency.
' (2) Products and services provided to a private vendor
pursuant to a contract under subsection (1)(c) of this section
are not subject to the limits imposed by ORS 421.312.
' (3) Plants may be installed or equipped for purposes of this
section at such locations as the director may determine, whether
on or off the premises of a Department of Corrections
institution.
' (4) Compensation to inmates employed pursuant to this section
shall { - not be subject to ORS 421.408, but shall be fixed by
the board of directors described in ORS 421.310 (2), taking into
consideration the individual inmate's experience and
productivity - } { + be determined and established by the
director + }. The prevailing wage paid in the marketplace for the
work performed shall be paid to workers, other than inmates, who
are employed to operate the industry provided for in this
section.
' { - (5) The board shall adopt rules reasonably to insure
that products and services provided under this section: - }
' { - (a) Do not adversely affect existing production or
delivery of such products or services by private industry within
the state; and - }
' { - (b) Are not introduced or perpetuated in any work area
where the unemployment rate in the industry providing the
products or services exceeds the average statewide unemployment
rate in that industry. - }
' { - (6) - } { + (5) + } The director { - may - } { +
shall + } provide, in accordance with { - accepted correctional
practice, that all or a part of an inmate's - } { + rules
adopted by the department, that any + } compensation { +
earned + } under this section be { - set aside for eventual
payment upon release or for disbursement to pay restitution,
fines, family expenses or other financial obligations of the
inmate while incarcerated - } { + used only for the following
purposes:
' (a) Reimbursement for all or a portion of the costs of the
inmate's rehabilitation, housing, health care and living costs;
' (b) Restitution or compensation to the victim of the inmate's
crime;
' (c) Restitution or compensation to the victims of crime
generally through a fund designated for that purpose;
' (d) Financial support for those members of the immediate
family of the inmate who live outside of a corrections
institution; and
' (e) Payment of fines, court costs and applicable taxes + }.
' { + SECTION 12. + } ORS 421.310 is amended to read:
' 421.310. (1) The { - board of directors appointed under
subsection (2) of this section - } { + Department of
Corrections + } shall make { - such - } rules governing the
conduct of industries in the Department of Corrections
institutions { + not inconsistent with section 41, Article I,
Oregon Constitution (Measure No. 17) + } as will:
' (a) Result in the manufacture, mining, production or
providing of only such goods, wares, merchandise or services as
may be used or needed:
' (A) To fulfill the requirements of any interagency agreement.
' (B) To fulfill the requirements of any contract or agreement
entered into pursuant to ORS 421.305 or 421.312.
' (b) Provide as wide a variety of products and services as
practicable to diversify the institution products and services.
' { - (2) In furtherance of the purposes of the corrections
industries and the provisions of subsection (1) of this section,
the Governor shall appoint a board of directors to oversee the
operation of corrections industries and to monitor the compliance
of the industries with applicable laws and administrative rules.
The board shall consist of 10 members, with three members
representing business and industry, three members representing
labor and three members representing the general public. One of
the 10 members shall be a representative of the purchasing
division of the Oregon Department of Administrative Services. In
addition, the Director of the Department of Corrections or the
designee thereof shall serve as an ex officio nonvoting member of
the board. However, the director shall have final authority on
all matters pertaining to the assignment and control of inmates
and security of the industries operations. Appointments to the
board are for three years and may be renewed. Members shall serve
without compensation except for actual expenses incurred in the
course of official board business, and these expenses will be
chargeable to the corrections industries appropriation. Board
members shall elect a chairperson. Meetings shall be held in
accordance with rules to be adopted by the board but no less
often than twice annually. - }
' { - (3) - } { + (2) + } The Director of the Department of
Corrections shall appoint a manager, who shall be in the
unclassified service, to be directly in charge of the corrections
industries. The director shall consult with the { + Prison
Industries + } Board prior to appointing or discharging the
manager. The manager shall provide to the { + director and
+ }board all such information regarding the industries as the
{ + director and + } board may request.
' { + SECTION 13. + } ORS 421.325 is amended to read:
' 421.325. The products and services of corrections industries
shall be sold pursuant to rules and regulations made by the
{ - board of directors established in ORS 421.310 - } { +
Department of Corrections + } for the sale thereof. They shall be
sold for cash or on such terms as are approved by the { - board
of directors - } { + department + }.
' { + SECTION 14. + } { + The Director of the Department of
Corrections shall determine and establish compensation, if any,
for inmates who engage in prison work programs. Compensation
earned by an inmate through prison work programs may be used only
for the following purposes:
' (1) Reimbursement for all or a portion of the costs of the
inmate's rehabilitation, housing, health care and living costs;
' (2) Restitution or compensation to the victim of the inmate's
crime;
' (3) Restitution or compensation to the victims of crime
generally through a fund designated for that purpose;
' (4) Financial support for those members of the immediate
family of the inmate who live outside of a corrections
institution; and
' (5) Payment of fines, court costs and applicable taxes. + }
' { + SECTION 15. + } ORS 421.470 is amended to read:
' 421.470. (1) The Director of the Department of Corrections
has authority over the forest work camps except as provided in
subsection (2) of this section.
' (2) The State Forester shall assign and supervise the work of
the state inmates and local inmates, which work shall be:
' (a) Manual labor, as far as possible, of the type
contemplated by ORS 530.210 to 530.280.
' (b) Fire-fighting labor of the type contemplated for forest
protection districts under ORS chapter 477.
' (3) Moneys for the cost of custody of the state inmates and
local inmates, and for the labor done by them under this section,
shall be paid from funds appropriated and made available to the
State Board of Forestry. Moneys for the cost of care of each
local inmate shall be paid by the county or city from which the
local inmate was transferred under ORS 421.467, but not to exceed
$2 a day for each local inmate. Additional moneys required for
the cost of care of local inmates shall be paid from funds
appropriated and made available to the State Board of Forestry.
All such moneys shall be collected by the Director of the
Department of Corrections who shall deposit such funds to the
credit of the
{ - miscellaneous receipts account of the Department of
Corrections - } { + State Prison Work Programs Account + }.
' { + SECTION 16. + } ORS 421.475 is amended to read:
' 421.475. The Director of the Department of Corrections shall
pay each state inmate and local inmate, from the moneys paid by
the State Board of Forestry, { - a wage of not more than $3 for
each day of work performed - } { + reasonable compensation as
determined and established by the director by rule + }. After
deducting from an inmate's earnings under this section any amount
that has been distributed to the inmate as spending money in
accordance with rules made by the director, the payment to the
inmate of any balance remaining due shall be made to the inmate
upon release.
' { + SECTION 17. + } { + The provisions of ORS chapter 279
and ORS 291.021 do not apply to the following prison operations
and programs:
' (1) Prison industry work programs;
' (2) Forest and work camps established under ORS chapter 421;
' (3) Farm and agricultural operations and programs;
' (4) Food services operations and programs;
' (5) Facility or property maintenance operations and programs;
and
' (6) Vocational or work training programs. + }
' { + SECTION 18. + } ORS 655.505 is amended to read:
' 655.505. As used in ORS 655.505 to 655.550:
{ + ' (1) 'Attending practitioner' means Department of
Corrections medical staff, or specialists assisting Department of
Corrections medical staff, while the inmate is committed to the
physical and legal custody of the Department of Corrections. At
all other times, 'attending practitioner' means a person licensed
in Oregon or another state as a medical doctor, doctor of
osteopathy, doctor of optometry, doctor of dentistry or nurse
practitioner who provides services within the scope of the
license. + }
' { - (1) - } { + (2) + } { - ' Authorized
employment' - } { + 'Authorized work or occupational training
assignment' + } means the { - employment - } { + work
assignment + } of an inmate:
' (a) As authorized by ORS 421.305 to 421.340;
' (b) As authorized by ORS 421.450 to 421.480; { - or - }
' (c) In any activity for which compensation has been
established pursuant to { - ORS 421.408 - } { + section 14 of
this 1995 Act + } { + ;
' (d) As authorized by ORS 144.410 to 144.525; or
' (e) In any other inmate activity or program, including, but
not limited to, on-the-job training established by the Department
of Corrections under section 41, Article I, Oregon Constitution
(Measure No. 17), whether or not compensation has been
established by the Director of the Department of Corrections for
participation in the activity or program + }.
' { - (2) - } { + (3) + } 'Department' means the Oregon
Department of Administrative Services.
' { - (3) - } { + (4) + } 'Injury' { - is defined as
provided in ORS chapter 656 - } { + means:
' (a) An accidental injury or accidental injury to prosthetic
devices occurring in the course of, and caused in major part by,
an authorized work or occupational training assignment requiring
medical services and resulting in disability or death; or
' (b) Any disease or infection that:
' (A) Arises out of, and in the course of, an authorized work
or occupational training assignment;
' (B) Is caused in major part by ingestion, absorption or
inhalation of, or contact with, dust, fumes, vapors, gases,
radiation or other substances to which a worker who is not an
inmate is not ordinarily subjected or exposed while working;
' (C) Requires medical services; and
' (D) Results in disability or death + }.
' { - (4) - } { + (5) + } 'Inmate' means a person committed
to the physical and legal custody of the Department of
Corrections.
' { + (6) 'Medical services' means reasonable and necessary
services prescribed by an attending practitioner for conditions
resulting from injury for a period that the nature of the injury
or the process of recovery requires. 'Medical services' includes
medical, surgical, hospital, nursing, ambulance and other related
services, drugs, medicine, crutches and prosthetic appliances,
braces and supports and, when necessary, physical restorative
services.
' (7) 'Medically stationary' means that no further material
improvement would reasonably be expected from medical treatment
or the passage of time. + }
' { - (5) - } { + (8) + } The terms 'beneficiary,' 'child'
and 'dependent ' are defined as provided in ORS 656.005.
' { + SECTION 19. + } ORS 655.510 is amended to read:
' 655.510. (1) Every inmate shall receive benefits as provided
in ORS 655.505 to 655.550 for injury sustained in an authorized
{ - employment - } { + work or occupational training
assignment + }:
' (a) Where the injury is proximately caused by or received in
the course of the authorized { - employment - } { + work or
occupational training assignment + }, with or without negligence
of the inmate;
' (b) Where the injury is not intentionally self-inflicted;
{ - and - }
' (c) Where the injury is not a result of a willful violation
of work rules { + or rules regulating inmate conduct or premises
security; and
' (d) Where the injury does not occur to an active participant
in an assault or combat that is not connected to the job
assignment and that constitutes a deviation from customary
duties.
' (2) An injury must be established by medical evidence
supported by objective findings. The medical evidence must be
substantiated by verifiable pathological indication of injury
that includes, but is not limited to, range of motion, atrophy,
muscle strength, palpable muscle spasm and diagnostic evidence
substantiated by clinical findings. Objective findings do not
include physical findings or subjective responses to physical
examinations that are not consistently reproducible, measurable
or observable, or do not fit an anatomical pattern and that
cannot be demonstrated after reasonable medical evaluation. A
claimant's statement to a physician or other party does not
constitute objective medical evidence sufficient to substantiate
an injury.
' (3) The following circumstances do not constitute a basis for
establishing an injury:
' (a) Compulsion to participate in employment or training;
' (b) Disciplinary action taken by the Department of
Corrections;
' (c) Action taken by the Department of Corrections to protect
the safety of persons other than inmates or of other inmates or
to maintain order; or
' (d) Actions of other inmates. + }
' { - (2) - } { + (4) + } The filing of claims for benefits
under ORS 655.505 to 655.550 is the exclusive remedy of an inmate
or beneficiary of the inmate for injuries compensable under ORS
655.505 to 655.550 against the state or its political
subdivisions { + or any person or entity that contracts with
the Department of Corrections for the services of inmate labor,
any person or entity that employs an inmate in a work release
program established under ORS 144.420 or any owner or manager of
premises where authorized work or occupational training
assignments occur + }, regardless of negligence. { + This
section applies to any work-related injury to, or conditions of,
an inmate whether or not the injury is determined to be
compensable under ORS 655.505 to 655.550. + }
' { + SECTION 20. + } ORS 655.515 is amended to read:
' 655.515. If an inmate sustains an injury as described in ORS
655.510 { - (1) - } , benefits shall be { - paid in the same
manner as - } { + delivered in a manner similar to that + }
provided for injured workers under the workers' compensation laws
of this state, except that:
' (1) No benefits, except { + medical services and any
occupational training or + } rehabilitation services { +
provided by the Department of Corrections + }, shall accrue to
the inmate until the date of release from confinement and shall
be based upon the condition of the inmate at that time.
' (2) Benefits shall be discontinued during any subsequent
period of reconfinement in a penal institution.
' (3) Costs of rehabilitation services to disabled inmates
shall be paid out of the Insurance Fund established under ORS
278.425 in an amount approved by the Oregon Department of
Administrative Services { + , + } which shall be the reasonable
and necessary cost of such services { - , including services of
a physician or rehabilitation facility specially qualified to
render rehabilitation services. Expenses of rehabilitation may
include travel, board and room, when necessary - } .
' { + (4) Medical services when the inmate is confined in a
Department of Corrections facility shall be those provided by the
Department of Corrections. After release, medical services shall
be paid only if necessary to the process of recovery and as
prescribed by the attending practitioner. No medical services may
be paid after the attending practitioner has determined that the
inmate is medically stationary other than for reasonable,
periodic repair or replacement of prosthetic appliances. The
department, by rule, may require that medical and rehabilitation
services after release must be provided directly by the state or
its contracted managed care organization. + }
' { + SECTION 21. + } ORS 655.520 is amended to read:
' 655.520. (1) Claims for entitlement to benefits under ORS
655.505 to 655.550 shall be filed by application with the Oregon
Department of Administrative Services { - in the manner
provided for workers' claims in ORS chapter 656 - } { + as
provided by rules adopted by the department + }, to the extent
not inconsistent with ORS 655.505 to 655.550. Such claims shall
be filed within the required periods after the injury even though
actual benefits may not accrue until release of the inmate from
confinement. The department may, before acting upon a claim,
require further information for determination of eligibility
under ORS 655.505 to 655.550.
' (2) When a claim is approved, the department shall make an
initial { + estimate of + } award conditioned as provided in ORS
655.515
{ - (1) - } . Upon release of the inmate from confinement, the
{ + inmate shall apply for an award and the + } department shall
reaffirm or modify its initial award in a manner appropriate to
the condition of the inmate upon release.
' (3) The rights to benefits under ORS 655.505 to 655.550 shall
be barred unless written claim is filed with the department
within 90 days after the injury, or if death results therefrom,
within 90 days after death. However, if death occurs more than
one year after the injury, the right shall be barred unless prior
written claim based on the injury has been timely filed. { + The
inmate must make written application for an award no later than
180 days following the release of the inmate from
confinement. + } The requirements of this subsection may be
waived by the department on the ground that, for good and
sufficient reason, the claim could not be filed on time.
' { + SECTION 22. + } ORS 655.525 is amended to read:
' 655.525. { + Except as otherwise provided by rule of the
Oregon Department of Administrative Services, + } an inmate or
the beneficiary of the inmate may obtain review of action taken
on the claim as provided in ORS 656.283 to 656.304.
' { + SECTION 23. + } { + Section 24 of this Act is added to
and made a part of ORS 655.505 to 655.550. + }
' { + SECTION 24. + } { + The Oregon Department of
Administrative Services, with the approval of the Department of
Corrections, shall adopt rules necessary to administer the inmate
injury fund. The rules may provide for procedures, benefits and
coverage that vary from the workers' compensation system to the
extent necessary to carry out the purposes of section 41, Article
I, Oregon Constitution (Measure No. 17) and to maintain security,
order and discipline in Department of Corrections facilities. + }
' { + SECTION 25. + } { + The Director of the Department of
Corrections and the Prison Industries Board may do all things,
whether specifically designated in ORS chapter 144, 179 or 421 or
ORS 423.010 to 423.070, or in section 41, Article I, Oregon
Constitution (Measure No. 17), that are necessary or convenient
in the exercise of any power, authority or jurisdiction conferred
upon the director or board by section 41, Article I, Oregon
Constitution (Measure No. 17). The director's authority under
this section includes, but is not limited to, adopting rules
regarding the establishment and operation of prison work
programs. + }
' { + SECTION 26. + } { + (1) The State Prison Work Programs
Account is created separate and distinct from the General Fund.
Moneys credited to the account are continuously appropriated to
the Department of Corrections for the purpose of implementing,
maintaining and developing prison work programs. The account
consists of income generated from prison work programs and any
other revenues available to the account. Moneys in the account
may be transferred to the inmate injury component of the
Insurance Fund for the payment of expenses therefrom authorized
by law. Moneys in the account may be invested as provided in ORS
293.701 to 293.790. Earnings on the investment of moneys in the
account shall be credited to the account. The Prison Industries
Board must approve expenditures from the account.
' (2) There is created within the State Prison Work Programs
Account a subaccount to be known as the Prison Industries
Subaccount. All moneys received from the sale of products or
services under ORS 421.325 shall be deposited in the State
Treasury to be credited to the Prison Industries Subaccount.
Moneys in the subaccount may be invested as provided in ORS
293.701 to 293.790. Earnings on the investment of moneys in the
subaccount shall be credited to the subaccount. Moneys in the
subaccount are available for:
' (a) The purchase of all necessary machinery and equipment for
establishing, equipping and enlarging prison industries;
' (b) The purchase of raw materials, the payment of salaries
and wages and all other expenses necessary and proper in the
judgment of the Director of the Department of Corrections in the
conduct and operation of prison industries; and
' (c) Transfers to the inmate injury component of the Insurance
Fund from the payment of expenses authorized by law.
' (3) No part of the Prison Industries Subaccount may be
expended for maintenance, repairs, construction or
reconstruction, or general or special expenses of a Department of
Corrections institution, other than prison industries.
' (4) The transfers referred to in subsections (1) and (2)(c)
of this section may be authorized by the Legislative Assembly, or
the Emergency Board if the Legislative Assembly is not in
session, whenever it appears to the Legislative Assembly or the
board, as the case may be, that there are insufficient moneys in
the inmate injury component of the Insurance Fund for the payment
of expenses authorized by law. + }
' { + SECTION 27. + } { + Any moneys in the
Penitentiary-Correctional + } { + Institution Revolving Fund
are transferred to the Prison Industries Subaccount. + }
' { + SECTION 28. + } { + ORS 421.060, 421.065 and 421.408
are repealed. + }
' { + SECTION 29. + } { + This Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Act takes effect on its
passage. + } ' .
----------