Chapter 169

 

      Chapter 169

 

LAW REVIEW CITATIONS: 53 OLR 32 (1973)

 

      169.075

 

NOTE: Repealed July 1, 1980; ORS 169.076 enacted in lieu

 

      See annotations under ORS 169.076.

 

      169.076

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 169.075)

 

      Where county had exercised authority under [former] ORS 203.120 by establishing local correctional facility, terms of this section requiring compliance with Uniform Building Code were applicable and fact that requirements of applicable provision were unclear did not excuse trial court from construing requirements and fashioning decree granting alternative writ of mandamus. State ex rel Watson v. Rader, 36 Or App 847, 585 P2d 769 (1978)

 

      169.080

 

ATTY. GEN. OPINIONS: Authority of Attorney General to act on behalf of Corrections Division, (1976) Vol 38, p 435; construing “appropriate legal action,” (1976) Vol 38, p 435

 

      169.110

 

NOTES OF DECISIONS

 

      Probation violator sentenced to penitentiary was entitled to credit on penitentiary sentence for good time credits earned under this section. Brown v. Cupp, 31 Or App 1237, 572 P2d 1065 (1977)

 

      169.120

 

NOTES OF DECISIONS

 

      Probation violator sentenced to penitentiary was entitled to credit on penitentiary sentence for work time credits earned under this section. Brown v. Cupp, 31 Or App 1237, 572 P2d 1065 (1977)

 

      169.140

 

NOTES OF DECISIONS

 

      Fact that arrest of prisoner and admission for medical treatment was effected by peace officer not employed by county, does not by itself alter county’s liability. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

 

      Hospital is place of confinement if prisoner is physically unable to be maintained in jail. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

 

      Custody exists if 1) prisoner is under guard or prisoner’s physical condition prevents prisoner from leaving hospital of own will; and 2) circumstances imply that prisoner was confined to ensure attendance at trial. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

 

      County liability statutes apply where circumstances imply prisoner is in custody for enumerated purpose, notwithstanding absence of formal custody. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

 

      When individual receives emergency medical care while in custody of law enforcement officer, public agency that employs officer is liable, not county correctional facility individual may be sent to in future. Emanuel Hospital v. Umatilla County, 314 Or 393, 840 P2d 56 (1992); Emanuel Hospital v. Multnomah County, 314 Or 404, 840 P2d 62 (1992)

 

      169.150

 

NOTES OF DECISIONS

 

      Where offender was arrested for violation of state law and in due course was ultimately delivered to local correctional facility for confinement and trial, medical and other incidental expenses, not including investigative expenses, incurred as consequence of and following arrest and until transfer to facility were chargeable to county under this section and ORS 169.140. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied

 

      County was liable under this section and ORS 169.140 for medical expenses incurred by prisoner who was hospitalized in detention facility of plaintiff’s hospital during period of his medical treatment, as detention assured prisoner’s attendance at trial in same manner as if he had been lodged in county jail. Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

 

      When individual receives emergency medical care while in custody of law enforcement officer, public agency that employs officer is liable, not county correctional facility individual may be sent to in future. Emanuel Hospital v. Umatilla County, 314 Or 393, 840 P2d 56 (1992); Emanuel Hospital v. Multnomah County, 314 Or 404, 840 P2d 62 (1992)

 

ATTY. GEN. OPINIONS: Reimbursement of county by municipal government for housing prisoners in county facility, (1983) Vol 43, p 136

 

      169.151

 

NOTES OF DECISIONS

 

      Mechanism for city or county to recover cost of incarceration through civil suit does not preclude recovery through court-imposed condition of probation or other means. State v. Johnston, 176 Or App 418, 31 P3d 1101 (2001)

 

      169.165

 

      See annotations under ORS 169.166.

 

      169.166

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 30.795)

 

      When individual receives emergency medical care while in custody of law enforcement officer, public agency that employs officer is liable, not county correctional facility individual may be sent to in future. Emanuel Hospital v. Umatilla County, 314 Or 393, 840 P2d 56 (1992); Emanuel Hospital v. Multnomah County, 314 Or 404, 840 P2d 62 (1992)

 

Under former similar statute (ORS 169.165)

      Where county is required to “pay the amount in accordance with ORS 169.140 and 169.150,” hospital could pursue claims against county under those statutes, but liability could not be imposed on county for medical care of person except insofar as county otherwise would have been liable under ORS 169.140 and 169.150. Salem Hospital v. Marion County, 307 Or 213, 766 P2d 376 (1988)

 

      169.220

 

ATTY. GEN. OPINIONS: County statutory obligation to house parole violators held on Parole Board suspension and detention orders, (1982) Vol. 42, p 225; Reimbursement of county by municipal government for housing prisoners in county facility, (1983) Vol 43, p 136

 

      169.320

 

NOTES OF DECISIONS

 

      County jail inmates performing work authorized by this section were not subject workers under ORS 656.027 where county had not filed election of coverage required by ORS 656.041. Westfall v. Multnomah County, 57 Or App 459, 645 P2d 561 (1982)