Chapter 504 Oregon Laws 1999
Session Law
AN ACT
SB 735
Relating to contraband;
amending ORS 162.135.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 162.135 is amended to read:
162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
(1)(a)
"Contraband" means:
[(a)] (A) Controlled substances as defined
in ORS 475.005;
[(b)] (B) Drug paraphernalia as defined in
ORS 475.525;
[(c)] (C) Except as otherwise provided in
paragraph (b) of this subsection, currency possessed by or in the control
of an inmate confined in a correctional facility; or
[(d)] (D) Any article or thing which a
person confined in a correctional facility, youth correction facility or state
hospital is prohibited by statute, rule or order from obtaining or possessing,
and whose use would endanger the safety or security of such institution or any
person therein.
(b)
"Contraband" does not include authorized currency possessed by an
inmate in a work release facility.
(2) "Correctional facility" means any place used for
the confinement of persons charged with or convicted of a crime or otherwise
confined under a court order and includes but is not limited to a youth
correction facility. "Correctional facility" applies to a state
hospital only as to persons detained therein charged with or convicted of a
crime, or detained therein after acquittal of a crime by reason of mental
disease or defect under ORS 161.290 to 161.370.
(3) "Currency" means paper money and coins that are
within the correctional institution.
(4) "Custody" means the imposition of actual or
constructive restraint by a peace officer pursuant to an arrest or court order,
but does not include detention in a correctional facility, youth correction
facility or a state hospital.
(5) "Escape" means the unlawful departure of a person
from custody or a correctional facility. "Escape" includes the
unauthorized departure or absence from this state or failure to return to this
state by a person who is under the jurisdiction of the Psychiatric Security
Review Board. "Escape" does not include failure to comply with
provisions of a conditional release in ORS 135.245.
(6) "Youth correction facility" means the MacLaren
School, Hillcrest School of Oregon and any other school established by law for
similar purposes, and includes the other camps and programs maintained under
ORS chapter 420 and detention facilities as defined in ORS 419A.004.
(7) "State hospital" means the Oregon State Hospital,
F. H. Dammasch State Hospital, Eastern Oregon Psychiatric Center, Eastern
Oregon Training Center, Fairview Training Center and any other hospital
established by law for similar purposes.
(8) "Unauthorized departure" means the unauthorized
departure of a person confined by court order in a youth correction facility or
a state hospital that, because of the nature of the court order, is not a
correctional facility as defined in this section, or the failure to return to
custody after any form of temporary release or transitional leave from a
correctional facility.
Approved by the Governor
July 6, 1999
Filed in the office of
Secretary of State July 6, 1999
Effective date October 23,
1999
__________