Chapter 423

 

      423.020

 

NOTES OF DECISIONS

 

      Duty of Department of Corrections to provide for safety of inmates carries implicit legislative authorization to conduct administrative searches to intercept contraband. AFSCME Local 2623 v. Dept. of Corrections, 109 Or App 662, 820 P2d 892 (1991), aff’d315 Or 74, 843 P2d 409 (1992)

 

LAW REVIEW CITATIONS: 53 OLR 58 (1973)

 

      423.075

 

NOTES OF DECISIONS

 

      Director of Department of Corrections may adopt rules providing for imposition of fines as disciplinary sanctions. Clark v. Schumacher, 103 Or App 1, 795 P2d 1093 (1990)

 

      Rule of Department of Corrections relating to administrative search of employees did not exceed statutory authority of department to provide secure and healthy environment inside prisons. AFSCME Local 2623 v. Dept. of Corrections, 315 Or 74, 843 P2d 409 (1992)

 

      423.160

 

LAW REVIEW CITATIONS: 97 OLR 255 (2018)

 

      423.500 to 423.560

 

NOTES OF DECISIONS

 

      State is not subject to provisions of Public Employees Collective Bargaining Act where making mandatory transfer of state corrections employees to county employment. Federation of Oregon Parole and Probation Officers v. Dept. of Corrections, 322 Or 215, 905 P2d 838 (1995)

 

ATTY. GEN. OPINIONS: Funding and financing of Community Corrections Act, (1981) Vol 41, p 387

 

      423.540

 

ATTY. GEN. OPINIONS: Meaning of moneys “currently” being used by county for existing correctional programs for misdemeanants, (1979) Vol 40, p 75

 

      423.549

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 423.550)

 

      State had duty to bargain over impact of transferring parole and probation officers from state to county, although state had no duty to bargain over transfer. Federation of Oregon Parole and Probation Officers v. Dept. of Corrections, 119 Or App 355, 850 P2d 1154 (1993)

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 423.550)

 

      Entitlement of Corrections Division employe, transferred from state to county employment under Community Corrections Act program contract, to continue participating in PERS and to return to state employment at contract termination, (1978) Vol 39, p 357

 

      423.550

 

NOTE: Repealed January 1, 1997; ORS 423.549 enacted in lieu

 

      See annotations under ORS 423.549.