Chapter 423 — Corrections and Crime Control Administration and Programs

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2018 regular session. See the table of ORS sections amended or repealed during the 2018 regular session: 2018 A&R Tables

 

 

2017 EDITION

 

 

CORRECTIONS AND CRIME CONTROL

 

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

 

(Temporary provisions relating to provision of correctional services in facility located in another state are compiled as notes preceding ORS 423.010)

 

GENERAL PROVISIONS

 

423.010     Definitions for ORS 423.010 to 423.070

 

423.020     Department of Corrections; duties and powers; fees

 

423.030     Department not limited by ORS 423.020

 

423.035     Application of ORS 411.171 (1)

 

423.045     Handgun or ammunition on department property; no duty concerning parking area or compliance

 

423.070     Deposit and disbursement of funds received under Western Interstate Corrections Compact

 

423.075     Director; appointment; duties; rules

 

423.076     Director’s authority to grant peace officer power to corrections officer

 

423.077     Certification of department employees to provide mental health services; rules

 

423.078     Visitors; visiting status; administrative review of status changes; rules

 

423.085     Administrator of Correctional Education

 

423.090     Establishment or designation of diagnostic facilities

 

423.093     Reimbursement of expenses from prisoner; limitation

 

423.097     Department of Corrections Account

 

423.100     Revolving fund

 

423.105     Payment of inmate court-ordered financial obligations; rules

 

423.110     Acceptance of moneys for reentry services; subaccount established; grants to counties

 

423.120     Supplemental funding for reentry of young offenders

 

423.150     Treatment for drug-addicted persons; grants; rules

 

423.160     Bill of rights of children of incarcerated parents

 

CORRECTIONS OMBUDSMAN

 

423.400     Office established; appointment by Governor

 

423.405     Qualifications for office; prohibited activities

 

423.410     Term; reappointment

 

423.415     Deputy and additional officers and employees

 

423.420     General duties and powers; rules

 

423.425     Investigatory authority

 

423.430     Investigative priority; confidentiality of matters; charging fees prohibited

 

423.435     Recommendations following investigation; notice from Department of Corrections of action taken; notice to Legislative Assembly of recommended statutory changes

 

423.440     Letters between ombudsman and persons in custody; immunity of complainants and ombudsman; privilege against giving evidence or testifying

 

423.445     Witness rights; fees; expenses of state agency personnel

 

423.450     Contempt proceedings against person interfering with ombudsman

 

COMMUNITY CORRECTIONS

 

423.475     Findings

 

423.478     Duties of department and counties; authority of county supervisory authority

 

423.483     Baseline funding; basis on which county can discontinue participation

 

423.486     Costs incurred by county; rules

 

423.490     Department reimbursement of counties for costs incurred pursuant to ORS 813.011; rules

 

423.497     National criminal history check

423.500     Definitions for ORS 423.500 to 423.560

 

423.505     Legislative policy on program funding

 

423.520     Financial grants to counties for community corrections programs

 

423.525     Application for financial aid; review of application; rules for program evaluation; use of funds; community corrections manager; modification of plan

 

423.530     Procedure for determining amount of financial grants; rules

 

423.535     Biennial community corrections plan required; county authority to contract for services

 

423.540     Program compliance review by Director of Department of Corrections; effect of failure to comply

 

423.549     State positions in community corrections branch; abolishment; county authority; affected employees; pay

 

423.555     Statewide program evaluation and information system

 

423.557     “Recidivism” defined for statistical evaluations

 

423.560     Local public safety coordinating council; duties

 

423.565     Additional duties of public safety coordinating council

 

423.569     Annual summary

 

PAYMENTS BY SUPERVISED PERSON

 

423.570     Monthly fee payable by person on supervised release; use; payment as condition of release; waiver

 

RESTORATIVE JUSTICE PROGRAMS

 

423.600     Legislative findings

 

423.605     Definition

 

423.610     Liability of persons associated with program; confidentiality of communications

 

423.615     Rules

 

(Temporary provisions relating to provision of correctional services in facility located in another state)

 

      Note: Sections 1 and 3, chapter 422, Oregon Laws 2003, provide:

      Sec. 1. (1) The Department of Corrections may enter into a contract with a public entity for the provision of correctional services in a correctional facility that is located in another state if the department determines that the facility is suitable for the confinement and care of persons committed to the legal and physical custody of the department.

      (2) Contracts entered into under subsection (1) of this section are exempt from the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C.

      (3)(a) After entering into a contract under subsection (1) of this section, the department:

      (A) May convey a person committed to the legal and physical custody of the department to a correctional facility owned or operated by the public entity with whom the department has contracted; and

      (B) May transfer physical custody of the person to the custodial authorities of the facility.

      (b) A person whose physical custody is transferred under this subsection shall be confined in the correctional facility to which the person was conveyed until:

      (A) The person’s sentence has expired or the person is otherwise discharged by law; or

      (B) The department directs that the person:

      (i) Be returned to the physical custody of the department; or

      (ii) Be conveyed to another correctional facility.

      (c) Except as otherwise provided in the contract entered into under subsection (1) of this section, a person whose physical custody is transferred under this subsection is subject to the operational policies and procedures of the correctional facility to which the person is transferred, including but not limited to policies and procedures for the conduct and discipline of persons incarcerated in the correctional facility.

      (4) When a contract under subsection (1) of this section expires, the department shall return all persons confined in a correctional facility pursuant to the contract to the physical custody of the department or convey the persons to another correctional facility pursuant to another contract.

       (5) The department may not enter into a contract with a private entity for the provision of correctional services in a correctional facility that is located in another state. [2003 c.422 §1; 2003 c.794 §331b; 2009 c.611 §1; 2017 c.180 §1]

      Sec. 3. Section 1, chapter 422, Oregon Laws 2003, as amended by section 331b, chapter 794, Oregon Laws 2003, section 1, chapter 611, Oregon Laws 2009, and section 1 of this 2017 Act is repealed on January 2, 2026. [2003 c.422 §3; 2009 c.611 §2; 2013 c.7 §1; 2017 c.180 §2]

 

GENERAL PROVISIONS

 

      423.010 Definitions for ORS 423.010 to 423.070. As used in ORS 423.010 to 423.070, unless the context requires otherwise:

      (1) “Department” means the Department of Corrections.

      (2) “Department of Corrections institutions” has the meaning given that term in ORS 421.005.

      (3) “Director” means the Director of the Department of Corrections. [1965 c.616 §1; 1969 c.597 §96; 1983 c.505 §13; 1987 c.320 §210; 1997 c.249 §135; 2001 c.295 §15; 2007 c.71 §115]

 

      423.020 Department of Corrections; duties and powers; fees. (1) The Department of Corrections is created. The department shall:

      (a) Supervise the management and administration of the Department of Corrections institutions, parole and probation services, community corrections and other functions related to state programs for corrections;

      (b) Carry out legally mandated sanctions for the punishment of persons committed to its jurisdiction by the courts of this state;

      (c) Exercise custody over those persons sentenced to a period of incarceration until such time as a lawful release authority authorizes their release;

      (d) Provide adequate food, clothing, health and medical care, sanitation and security for persons confined;

      (e) Provide persons who are motivated, capable and cooperative with opportunities for self-improvement and work;

      (f) Conduct investigations and prepare reports for release authorities; and

      (g) Supervise persons sentenced or placed in the community for the period of time specified and in accordance with conditions of supervision ordered by the release authority.

      (2) The Department of Corrections may provide consultation services related to the criminal justice system to local or statewide public or private agencies, groups, and individuals, or initiate such consultation services. Consultation services shall include, but not be limited to, conducting studies and surveys, sponsoring or participating in educational programs, and advising and assisting these agencies, groups or individuals. Nothing in chapter 320, Oregon Laws 1987, is intended to diminish the state’s efforts to plan, evaluate and deliver effective human services programs to offenders, either in an institution or on probation or parole. Therefore, the Department of Corrections and the Department of Human Services shall continue to jointly develop and implement needed social and rehabilitative services, including services for inmates housed in regional minimum security facilities.

      (3) The Department of Corrections shall be the recipient of all federal funds paid or to be paid to the state to enable the state to provide corrections programs and services assigned to the Department of Human Services before June 15, 1987.

      (4) Notwithstanding any other provision of law, the department may charge a person confined in a Department of Corrections institution a reasonable health care fee for any health care services, medications and equipment provided the person during the person’s confinement if the department:

      (a) Provides necessary medical care regardless of the person’s ability to pay;

      (b) Provides equal treatment to all persons confined in a department institution regardless of a person’s ability to pay;

      (c) Establishes a system that notifies the person of the fees and what services are covered; and

      (d) Establishes a grievance system that allows a person to challenge the deduction of a fee from the person’s account.

      (5) The department may provide ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for a person under 18 years of age who is confined in a Department of Corrections institution and, in an emergency in which the safety of the person appears urgently to require it, may authorize surgery or other extraordinary care. [1965 c.616 §2; 1967 c.352 §1; 1967 c.585 §6; 1969 c.597 §98; 1971 c.401 §107; 1987 c.320 §1; 1995 c.523 §2; 2001 c.195 §1]

 

      Note: The Legislative Counsel has not, pursuant to 173.160, undertaken to substitute specific ORS references for the words “chapter 320, Oregon Laws 1987.” Chapter 320, Oregon Laws 1987, enacted into law and amended the ORS sections which may be found by referring to the 1987 Comparative Section Table located in Volume 20 of Oregon Revised Statutes.

 

      423.025 [1969 c.597 §§97,137; repealed by 1971 c.319 §11]

 

      423.027 [1969 c.597 §111; 1975 c.605 §21; repealed by 1985 c.565 §66]

 

      423.030 Department not limited by ORS 423.020. The enumeration of duties, functions and powers in ORS 423.020 is not exclusive nor intended as a limitation on the powers and authority vested in the Department of Corrections by other provisions of law. [1965 c.616 §3; 1969 c.597 §99; 1987 c.320 §211]

 

      423.035 Application of ORS 411.171 (1). ORS 411.171 (1) applies to the Department of Corrections. [Derived from 1987 c.781 §2]

 

      Note: 423.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      423.040 [1965 c.616 §4; 1967 c.7 §39; 1969 c.597 §100; 1971 c.319 §7; repealed by 1987 c.320 §246]

 

      423.045 Handgun or ammunition on department property; no duty concerning parking area or compliance. (1) The presence of a handgun or ammunition on property owned or occupied by the Department of Corrections pursuant to ORS 166.375 does not, by itself, constitute a failure by the department, State Board of Parole and Post-Prison Supervision or Oregon Corrections Enterprises to provide a safe workplace.

      (2) The department, board and Oregon Corrections Enterprises and their officers, employees and agents do not have a duty:

      (a) To patrol, inspect or secure any parking lot, parking garage or other parking area provided for employees or any privately owned vehicle located in the parking lot, parking garage or other parking area to ensure compliance with ORS 166.375; or

      (b) To investigate, confirm or determine authorized staff’s compliance with laws, rules or policies related to the ownership or possession of a handgun or ammunition or the transportation and storage of a handgun or ammunition. [2015 c.246 §2]

 

      Note: 423.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      423.050 [1965 c.616 §5; repealed by 1987 c.320 §246]

 

      423.060 [1965 c.616 §6; 1969 c.597 §101; repealed by 1987 c.320 §246]

 

      423.070 Deposit and disbursement of funds received under Western Interstate Corrections Compact. All funds received by this state or by the Department of Corrections under a lawful contract with another party to the Western Interstate Corrections Compact made in compliance with Article III thereof, shall be paid into the State Treasury. The Director of the Department of Corrections shall expend these funds in compliance with the contract. [Formerly 179.122; 1987 c.320 §212]

 

      423.075 Director; appointment; duties; rules. (1) The Department of Corrections shall be under the supervision and control of a director who is responsible for providing for programs for the delivery to the public of the services assigned to the department, and for undertaking long-range planning necessary for the effective and efficient delivery of these services.

      (2) The Governor shall appoint the director for a term of four years, but the director may be removed at any time during such term at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.

      (3) The director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the Governor, and shall be reimbursed for all expenses actually and necessarily incurred by the director in the performance of official duties.

      (4) The director may appoint a deputy director, whose appointment is subject to approval by the Governor and who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.

      (5) The Director of the Department of Corrections shall:

      (a) For purposes of administration and control, and with the approval of the Governor, organize and reorganize the department in whatever manner the director deems necessary to conduct the work of the department.

      (b) Appoint all subordinate superintendents, officers and employees, whether classified or unclassified, of the department, prescribe their duties and fix their compensation, subject to applicable provisions of the State Personnel Relations Law.

      (c) Delegate to departmental employees such responsibilities and authority as the director determines to be necessary.

      (d) Provide for the safety of all prisoners in the custody of the department and may adopt rules for the government and administration of the department. [1987 c.320 §§2,3]

 

      423.076 Director’s authority to grant peace officer power to corrections officer. (1) The Director of the Department of Corrections may grant to an individual corrections officer or classification of corrections officer all the powers and authority of a peace officer over inmates.

      (2) A corrections officer granted the authority of a peace officer under subsection (1) of this section shall have the authority to:

      (a) Prevent an escape from the grounds of a correctional facility by an inmate; and

      (b) Go beyond the grounds of a correctional facility to:

      (A) Pursue an inmate if the inmate is in the act of escaping from a correctional facility;

      (B) Search for an inmate if the inmate is in the act of escaping from a correctional facility; and

      (C) Recapture an inmate if the inmate is in the act of escaping from a correctional facility.

      (3) A corrections officer who has been granted the authority of a peace officer under subsection (1) of this section shall retain the authority until the law enforcement agency having general jurisdiction over the area in which the escape or attempted escape of the inmate took place assumes responsibility for recapture of the inmate.

      (4) The Department of Corrections shall inform the appropriate law enforcement agency of an escape or attempted escape of an inmate as soon as is reasonably practicable.

      (5) As used in this section, “inmate” means a person sentenced to a period of incarceration in a prison or other correctional facility until such time as a lawful release authority authorizes the release of the person. [1991 c.879 §1]

 

      423.077 Certification of department employees to provide mental health services; rules. (1) The Department of Corrections may certify employees of the department to provide mental health services to inmates in Department of Corrections institutions in accordance with standards established by the department by rule.

      (2) As used in this section, “Department of Corrections institutions” has the meaning given that term in ORS 421.005. [2011 c.333 §1]

 

      423.078 Visitors; visiting status; administrative review of status changes; rules. The Department of Corrections shall establish by rule an internal procedure for administrative review of decisions to revoke or restrict an approved visitor’s visiting status within a department facility. The department shall include in the internal procedure established under this section an opportunity for the person to obtain final administrative review of the disputed action from a department official who is assigned to the department’s central administration. [1999 c.679 §2]

 

      423.080 [1967 c.564 §§8,9; repealed by 1969 c.597 §281]

 

      423.085 Administrator of Correctional Education. (1) The Director of the Department of Corrections shall appoint an unclassified employee to the position of Administrator of Correctional Education.

      (2) The Administrator of Correctional Education shall be employed full-time with authority over, and responsibility for, statewide corrections education programs. The administrator shall:

      (a) Plan, design and implement the correctional education system required in ORS 421.081; and

      (b) Recommend to the Director of the Department of Corrections rules as necessary to carry out the responsibilities of the office of Administrator of Correctional Education.

      (3)(a) The Department of Corrections, through the Administrator of Correctional Education, may negotiate contracts with organizations and agencies to implement the provisions of ORS 421.081 and 421.084 and this section. The Department of Corrections, in discharging its duties under this section, shall honor provisions of existing collective bargaining agreements with current employees of the department that provide for contracting out.

      (b) All moneys appropriated to the Department of Corrections for general, professional and technical education instruction shall be expended only for those purposes. [1977 c.435 §7; 1987 c.320 §213; 1989 c.363 §4; 1991 c.855 §1; 2007 c.15 §4]

 

      423.090 Establishment or designation of diagnostic facilities. The Department of Corrections may establish or designate facilities to be used for diagnostic purposes for such categories of persons as the department may by rule assign to the facility. Such assignments shall not exceed 60 days in duration. [1967 c.585 §1; 1987 c.320 §214]

 

      423.093 Reimbursement of expenses from prisoner; limitation. Neither the Department of Corrections nor any city or county may seek reimbursement for expenses incurred in safekeeping and maintaining prisoners through a counterclaim or request for setoff in an action by a person against the department or the county or city. [2001 c.641 §4]

 

      423.097 Department of Corrections Account. (1) The Department of Corrections Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments, proceeds from the issuance of certificates of participation and other moneys received by the Department of Corrections shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the department for purposes authorized by law.

      (2) The department shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

      (3) The department may accept gifts, grants and donations from any source to carry out the duties imposed upon the department. [1999 c.909 §10]

 

      423.100 Revolving fund. (1) On written request of the Department of Corrections, the Oregon Department of Administrative Services shall establish a revolving fund of not to exceed $15,000, including unreimbursed advances, by drawing warrants on amounts appropriated to the Department of Corrections for operating expenses. The revolving fund shall be deposited with the State Treasurer, to be held in a special account against which the department may draw checks.

      (2) The revolving fund established under subsection (1) of this section may be used by the department to pay for:

      (a) Travel expenses for employees of the department and for any consultants or advisors for whom payment of travel expenses is authorized by law, or advances therefor;

      (b) Purchases not exceeding $100 each, which may be required from time to time;

      (c) Receipt or disbursement of federal funds available under federal law;

      (d) Emergency expenses of indigent inmates released on any form of temporary release or transitional leave; or

      (e) Settlement of legal claims against the department in cases where immediate payment is necessary or advisable.

      (3) The revolving fund shall be reimbursed by warrants drawn by the Oregon Department of Administrative Services upon the verified claims of the department charged against the appropriate fund or account. [1973 c.818 §5; 1974 c.13 §6; 1987 c.320 §215; 1989 c.790 §64]

 

      423.105 Payment of inmate court-ordered financial obligations; rules. (1) As used in this section:

      (a) “Collected moneys” means moneys that have been collected from an inmate trust account by the Department of Corrections pursuant to this section.

      (b) “Court-ordered financial obligation” means:

      (A) A compensatory fine imposed pursuant to ORS 137.101, an award of restitution as defined in ORS 137.103 or any other fines, fees or court-appointed attorney fees imposed in a criminal action;

      (B) A child support obligation;

      (C) A civil judgment including a money award for a crime victim entered against an inmate resulting from a crime committed by the inmate; or

      (D) A civil judgment including a money award entered against an inmate resulting from an action for the inmate’s assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

      (c) “Eligible moneys” means moneys deposited in an inmate trust account that are subject to collection under this section, including but not limited to inmate performance monetary awards and moneys received from an inmate’s family members or friends. “Eligible moneys” does not include protected moneys.

      (d) “Inmate” means a person who is at least 18 years of age and in the physical custody of the Department of Corrections. “Inmate” does not include:

      (A) A person on leave from prison due to participation in an alternative incarceration program established under ORS 421.504 or short-term transitional leave under ORS 421.168.

      (B) A person transferred into or out of department custody pursuant to an interstate corrections compact.

      (C) A person in the physical custody of the Oregon Youth Authority.

      (D) A person in the physical custody of a county jail or other county detention facility.

      (e) “Protected moneys” means moneys deposited in an inmate trust account that are not subject to collection under state or federal law or under this section including but not limited to:

      (A) Disability benefits for veterans;

      (B) Moneys received from a Native American tribe or tribal government;

      (C) Moneys dedicated for medical, dental or optical expenses or emergency trips;

      (D) Railroad retirement benefits; or

      (E) Moneys paid as compensation to an inmate in a prison work program established under the Prison Industries Enhancement Certification Program, or a successor program designated by the United States Director of the Bureau of Justice Assistance pursuant to 18 U.S.C. 1761.

      (2)(a) The Department of Corrections shall collect eligible moneys from an inmate trust account if the inmate owes court-ordered financial obligations as described in this section.

      (b) Notwithstanding any other provision of this section, the department may deduct a fixed percentage of each inmate performance monetary award made to an inmate, to be credited to a general victims assistance fund, before crediting the remainder of the award to the inmate trust account.

      (3)(a) The Department of Justice and the Judicial Department shall provide an accounting to the Department of Corrections of court-ordered financial obligations, if any, owed by each inmate. The accounting records may be provided electronically in a format agreed upon by the departments.

      (b) Upon receipt of the accounting records described in paragraph (a) of this subsection, the Department of Corrections shall collect a portion of eligible moneys from the inmate trust account of each inmate as follows:

      (A) Until an inmate not sentenced to death or to life imprisonment without the possibility of release or parole has $500 in a transitional fund to facilitate reentry after release, 10 percent of eligible moneys shall be collected for court-ordered financial obligations and five percent of eligible moneys shall be collected and transferred to the inmate’s transitional fund.

      (B) After the inmate has at least $500 in the transitional fund, or if the inmate has been sentenced to death or to life imprisonment without the possibility of release or parole, the department shall collect 15 percent of eligible moneys for court-ordered financial obligations.

      (C) After court-ordered financial obligations have been paid, an inmate not sentenced to death or to life imprisonment without the possibility of release or parole may elect to continue to transfer five percent of eligible moneys into the transitional fund.

      (4) There are three levels of priority for the application of collected moneys to court-ordered financial obligations, with Level I obligations having the highest priority and Level III obligations having the lowest priority. The levels are as follows:

      (a) Level I obligations are compensatory fines imposed pursuant to ORS 137.101, awards of restitution defined in ORS 137.103 and fines, fees or court-appointed attorney fees imposed in a criminal action.

      (b) Level II obligations are child support obligations and civil judgments including a money award for a crime victim entered against an inmate resulting from a crime committed by the inmate.

      (c) Level III obligations are civil judgments including a money award entered against an inmate resulting from an action for the inmate’s assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

      (5)(a) After receiving the accounting records described in subsection (3) of this section, the Department of Corrections shall disburse the collected moneys for court-ordered financial obligations to the Department of Justice and the Judicial Department.

      (b) The Department of Justice and the Judicial Department shall apply the collected moneys received from the Department of Corrections under this subsection to an inmate’s court-ordered financial obligations according to the priority levels of the obligations.

      (6)(a) The Department of Justice may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

      (b) The Judicial Department may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

      (c) The Department of Corrections may create subaccounts for the purposes of storing collected moneys prior to disbursement under this section.

      (7) The Department of Corrections, the Department of Justice and the Judicial Department may adopt rules to implement this section. [2017 c.692 §1]

 

      Note: 423.105 becomes operative June 30, 2018. See section 2, chapter 692, Oregon Laws 2017.

 

      423.110 Acceptance of moneys for reentry services; subaccount established; grants to counties. (1) The Department of Corrections may apply for and accept federal grants or moneys, as well as grants or other financial assistance from any other source, for the purpose of providing reentry support and services to offenders released on supervision.

      (2) There is established in the Department of Corrections Account established under ORS 423.097 a subaccount consisting of all moneys accepted pursuant to subsection (1) of this section, which shall be deposited into the subaccount. All moneys in the subaccount are continuously appropriated to the department for the purpose of providing reentry support and services to offenders released on supervision and, if applicable, for specified purposes for which the grants, moneys or other financial assistance was provided to the department.

      (3) The department may make grants to counties from moneys accepted pursuant to subsection (1) of this section for the purpose of providing counties with supplemental funding for reentry support and services for offenders released on supervision.

      (4) As used in this section:

      (a) “Offender” means a person sentenced to the legal and physical custody of the Department of Corrections; and

      (b) “Reentry support and services” includes, but is not limited to, aid for housing and employment, vocational assistance, transportation services, treatment and access to physical or mental health care services, medications, mentoring and specialized supervision strategies. [2015 c.115 §1]

 

      423.120 Supplemental funding for reentry of young offenders. (1) The Department of Corrections may enter into agreements or arrangements with counties for the purpose of providing counties with supplemental funding for the provision of reentry support and services to offenders who, before attaining 25 years of age, are released:

      (a) On any form of transitional leave, work release or program of conditional or supervised release authorized by law;

      (b) Due to a reduction in sentence; or

      (c) On post-prison supervision.

      (2) The department shall provide the supplemental funding to counties described in this section using funds appropriated to the department for that purpose.

      (3) As used in this section, “offender” and “reentry support and services” have the meanings given those terms in ORS 423.110. [2017 c.150 §1]

 

      423.150 Treatment for drug-addicted persons; grants; rules. (1) The Department of Corrections shall:

      (a) Provide appropriate treatment services to drug-addicted persons in the custody of the department who are at a high or medium risk of reoffending and who have moderate to severe treatment needs; and

      (b) Make grants to counties in order to provide supplemental funding for:

      (A) The operation of local jails;

      (B) Appropriate treatment services for drug-addicted persons on probation, parole or post-prison supervision; or

      (C) The intensive supervision of drug-addicted persons on probation, parole or post-prison supervision, including the incarceration of drug-addicted persons who have violated the terms and conditions of probation, parole or post-prison supervision.

      (2) The Oregon Criminal Justice Commission shall make grants to counties in order to provide supplemental funding for drug courts for drug-addicted persons, including the costs of appropriate treatment services and the incarceration of persons who have violated the terms and conditions of a drug court.

      (3)(a) The appropriate legislative committee shall periodically conduct oversight hearings on the effectiveness of this section.

      (b) The Oregon Criminal Justice Commission shall periodically conduct independent evaluations of the programs funded by this section for their effectiveness in reducing criminal behavior in a cost-effective manner and shall report the findings to the Alcohol and Drug Policy Commission.

      (4) The Department of Corrections shall determine which persons are eligible for treatment under subsection (1)(a) of this section using an actuarial risk assessment tool.

      (5) The department shall adopt rules to administer the grant program described in subsection (1)(b) of this section.

      (6) Prior to adopting the rules described in subsection (5) of this section, the department shall consult with a broad-based committee that includes representatives of:

      (a) County boards of commissioners;

      (b) County sheriffs;

      (c) District attorneys;

      (d) County community corrections;

      (e) The Oregon Criminal Justice Commission;

      (f) Presiding judges of the judicial districts of this state;

      (g) Public defenders; and

      (h) Treatment providers.

      (7) In determining which grant proposals to fund within each county, the department shall:

      (a) Consult with the committee described in subsection (6) of this section;

      (b) Give priority to those proposals that are best designed to reduce crime and drug addiction; and

      (c) Be guided by evidence-based and tribal-based practices, risk assessment tools or other research-based considerations.

      (8) Nothing in this section:

      (a) Creates any claim, right of action or civil liability; or

      (b) Requires a supervisory authority or the Department of Corrections to provide treatment to any individual under the authority’s supervision or in the custody of the department.

      (9) As used in this section:

      (a) “Drug-addicted person” means a person who has lost the ability to control the personal use of controlled substances, cannabis or alcohol, or who uses controlled substances, cannabis or alcohol to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-addicted person may be physically dependent, a condition in which the body requires a continuing supply of a controlled substance, cannabis or alcohol to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a controlled substance, cannabis or alcohol.

      (b) “Intensive supervision” means the active monitoring of a person’s performance in a treatment program by a parole and probation officer and the imposition of sanctions, or request to a court for sanctions, if the person fails to abide by the terms and conditions of a treatment program. [2009 c.660 §12; 2011 c.673 §14; 2017 c.21 §59]

 

      423.160 Bill of rights of children of incarcerated parents. (1) The Department of Corrections shall, in cooperation with an existing public body, develop:

      (a) Guidelines using the bill of rights described in subsection (2) of this section as a set of guiding principles for policy and procedure decisions that impact incarcerated individuals with children; and

      (b) Policy and funding recommendations with partners that adhere to those guidelines.

      (2) The bill of rights of children of incarcerated parents described in this section must recognize that each child of an incarcerated parent has certain essential rights, including but not limited to the following:

      (a) To be protected from additional trauma at the time of parental arrest.

      (b) To be informed of the arrest in an age-appropriate manner.

      (c) To be heard and respected by decision makers when decisions are made about the child.

      (d) To be considered when decisions are made about the child’s parent.

      (e) To be cared for in the absence of the child’s parent in a way that prioritizes the child’s physical, mental and emotional needs.

      (f) To speak with, see and touch the incarcerated parent.

      (g) To be informed about local services and programs that can provide support to the child as the child deals with the parent’s incarceration.

      (h) To not be judged, labeled or blamed for the parent’s incarceration.

      (i) To have a lifelong relationship with the incarcerated parent. [2017 c.447 §1]

 

      423.205 [1969 c.177 §7; repealed by 1985 c.44 §2 and 1985 c.558 §9]

 

      423.210 [1967 c.572 §1; 1969 c.177 §4; repealed by 1985 c.44 §2 and 1985 c.558 §9]

 

      423.220 [1967 c.572 §2; 1969 c.177 §1; 1973 c.212 §1; 1973 c.792 §15; repealed by 1985 c.44 §2 and 1985 c.558 §9]

 

      423.230 [1967 c.572 §3; 1969 c.177 §2; repealed by 1985 c.44 §2 and 1985 c.558 §9]

 

      423.240 [1967 c.572 §4; 1969 c.177 §3; repealed by 1985 c.44 §2 and 1985 c.558 §9]

 

      423.280 [1967 c.572 §5; repealed by 1985 c.44 §2 and 1985 c.558 §9]

 

      423.310 [1967 c.534 §7; 1971 c.401 §108; 1981 c.171 §3; renumbered 419A.044 in 1997]

 

      423.315 [1981 c.171 §2; renumbered 419A.045 in 1997]

 

      423.320 [1967 c.534 §8; 1971 c.401 §109; repealed by 1981 c.171 §7]

 

      423.330 [1969 c.498 §2; 1971 c.429 §2; 1981 c.171 §4; renumbered 419A.046 in 1997]

 

      423.340 [1969 c.498 §3; 1971 c.429 §3; 1981 c.171 §5; renumbered 419A.047 in 1997]

 

      423.350 [1969 c.498 §4; 1971 c.401 §110; 1971 c.429 §1; 1981 c.171 §6; renumbered 419A.048 in 1997]

 

      423.360 [1969 c.498 §5; 1971 c.401 §111; repealed by 1981 c.171 §7]

 

CORRECTIONS OMBUDSMAN

 

      423.400 Office established; appointment by Governor. The office of Corrections Ombudsman is established in the office of the Governor. The Governor shall appoint the Corrections Ombudsman. [1977 c.378 §1]

 

      423.405 Qualifications for office; prohibited activities. (1) The Corrections Ombudsman shall be a person of recognized judgment, objectivity and integrity who is qualified by training and experience to analyze problems of law enforcement, corrections administration and public policy.

      (2) No person while serving as Corrections Ombudsman shall:

      (a) Be actively involved in political party activities;

      (b) Be a candidate for or hold other public office, whether elective or appointive; or

      (c) Be engaged in any other full-time occupation, business or profession. [1977 c.378 §2]

 

      423.410 Term; reappointment. The Corrections Ombudsman shall serve at the pleasure of the Governor for a term of four years. The Corrections Ombudsman may be reappointed for additional terms. [1977 c.378 §3]

 

      423.415 Deputy and additional officers and employees. The Corrections Ombudsman may appoint a Deputy Ombudsman and any other subordinate officers and employees necessary to the performance of the duties of the ombudsman and shall prescribe their duties and fix their compensation. [1977 c.378 §4]

 

      423.420 General duties and powers; rules. The Corrections Ombudsman shall have the power:

      (1) To investigate, on complaint or on the ombudsman’s own motion, any action by the Department of Corrections or any employee thereof without regard to its finality;

      (2) To adopt rules required for the discharge of the duties of office, including procedures for receiving and processing complaints, conducting investigations, and reporting findings, not inconsistent with ORS 423.400 to 423.450;

      (3) To examine by subpoena the records and documents of the Department of Corrections or any employee thereof;

      (4) To enter and inspect without notice any premises under the jurisdiction of the Department of Corrections;

      (5) To subpoena any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to an inquiry;

      (6) To undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as might lead to improvements in the functioning of the Department of Corrections;

      (7) To bring suit in the Circuit Court for Marion County to enforce ORS 423.400 to 423.450;

      (8) To establish and administer a budget for the office; and

      (9) To strengthen procedures and practices which lessen the possibility that objectionable corrections actions will occur. [1977 c.378 §5; 1987 c.320 §216]

 

      423.425 Investigatory authority. (1) The Corrections Ombudsman shall investigate, on complaint or on the ombudsman’s own motion, any corrections action that is or is alleged to be:

      (a) Contrary to or inconsistent with law or Department of Corrections practice;

      (b) Based on mistaken facts or irrelevant considerations;

      (c) Inadequately explained when reasons should have been revealed;

      (d) Inefficiently performed; or

      (e) Unreasonable, unfair, or otherwise objectionable, even though in accordance with law.

      (2) Notwithstanding subsection (1) of this section, the Corrections Ombudsman may decide not to investigate because:

      (a) The complainant could reasonably be expected to use a different administrative remedy or action;

      (b) The complaint is trivial, frivolous, vexatious or not made in good faith; or

      (c) The complaint has been too long delayed to justify present examination. [1977 c.378 §6; 1987 c.320 §217]

 

      423.430 Investigative priority; confidentiality of matters; charging fees prohibited. The Corrections Ombudsman shall:

      (1) Give priority to investigating administrative actions that are not otherwise reviewable by either administrative or judicial action;

      (2) Treat confidentially all matters and the identities of the complainants or witnesses coming before the ombudsman; and

      (3) Not levy any fees for the submission or investigation of complaints. [1977 c.378 §7]

 

      423.435 Recommendations following investigation; notice from Department of Corrections of action taken; notice to Legislative Assembly of recommended statutory changes. (1) After investigation of any action, the Corrections Ombudsman shall state the recommendations and reasons if, in the ombudsman’s opinion, the Department of Corrections or any employee thereof should:

      (a) Consider the matter further;

      (b) Modify or cancel any action;

      (c) Alter a rule, practice or ruling;

      (d) Explain more fully the administrative action in question;

      (e) Rectify an omission; or

      (f) Take any other action.

      (2) If the Corrections Ombudsman so requests, the Department of Corrections shall, within the time specified, inform the ombudsman about the action taken on the recommendations or the reasons for not complying with them. After a reasonable period of time has elapsed, the Corrections Ombudsman may issue a report.

      (3) If the Corrections Ombudsman believes that any action has been dictated by laws whose results are unfair or otherwise objectionable, and could be revised by legislative action, the ombudsman shall bring to notice of the Legislative Assembly any views concerning desirable statutory change. [1977 c.378 §8; 1987 c.320 §218]

 

      423.440 Letters between ombudsman and persons in custody; immunity of complainants and ombudsman; privilege against giving evidence or testifying. (1) A letter to the Corrections Ombudsman from a person held in custody, including by detention, incarceration and hospitalization, by the Department of Corrections shall be forwarded immediately, unopened, to the Corrections Ombudsman. A letter from the Corrections Ombudsman to such person shall be immediately delivered, unopened, to the person.

      (2) No person who files a complaint pursuant to ORS 423.400 to 423.450 shall be subject to any penalties, sanctions or restrictions because of such complaint.

      (3) The Corrections Ombudsman and the staff of the office shall have the same immunities from civil and criminal liabilities as a judge of this state.

      (4) The Corrections Ombudsman and the staff of the ombudsman shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of their official duties except as may be necessary to enforce ORS 423.400 to 423.450. [1977 c.378 §9; 1987 c.320 §219]

 

      423.445 Witness rights; fees; expenses of state agency personnel. (1) Any person required to testify under ORS 423.400 to 423.450 shall be accorded the same privileges and immunities, receive the same fees and mileage and be subject to the same penalties provided in ORS 183.440.

      (2) The fees and mileage shall be paid by warrant upon the State Treasurer upon the certificate of the Corrections Ombudsman. No tender of witness fees or mileage in advance shall be necessary.

      (3) Notwithstanding subsection (1) of this section, a representative of a state agency shall receive actual necessary traveling expenses only. [1977 c.378 §10]

 

      423.450 Contempt proceedings against person interfering with ombudsman. If any person willfully obstructs or hinders the proper and lawful exercise of the Corrections Ombudsman’s powers, or willfully misleads or attempts to mislead the Corrections Ombudsman in inquiries under ORS 423.400 to 423.450, the judge of the Circuit Court for Marion County, on application of the ombudsman, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1977 c.378 §11]

 

COMMUNITY CORRECTIONS

 

      423.475 Findings. The Legislative Assembly finds and declares that:

      (1) Passage by the voters of chapter 2, Oregon Laws 1995, has created mandatory minimum penalties for certain violent offenses, and the probable effect thereof will be a significant increase in the demands placed on state secure facilities.

      (2) These demands are a shared responsibility of the State of Oregon and its county governments. The state recognizes that it is in a better position than counties to assume responsibility for serious violent offenders and career property offenders.

      (3) Counties are willing, in the context of a partnership with the state, to assume responsibility for felony offenders sentenced to a term of incarceration of 12 months or less.

      (4) Under the terms of the partnership agreement, the counties agree to assume responsibility for the offenders described in subsection (3) of this section, subject to the state agreeing to provide adequate funding to the counties for this responsibility.

      (5) The amendments to statutes made by sections 1a to 5, 7, 8, 9a, 9b, 9c, 10 to 14, 17 to 19 and 22 to 29, chapter 423, Oregon Laws 1995, and the provisions of ORS 423.478, 423.483 and 423.549 and section 5a, chapter 423, Oregon Laws 1995, are intended to acknowledge and implement the terms of the partnership between the state and the counties. [1995 c.423 §1]

 

      423.478 Duties of department and counties; authority of county supervisory authority. (1) The Department of Corrections shall:

      (a) Operate prisons for offenders sentenced to terms of incarceration for more than 12 months;

      (b) Provide central information and data services sufficient to:

      (A) Allow tracking of offenders; and

      (B) Permit analysis of correlations between sanctions, supervision, services and programs, and future criminal conduct; and

      (c) Provide interstate compact administration and jail inspections.

      (2) Subject to ORS 423.483, the county, in partnership with the department, shall assume responsibility for community-based supervision, sanctions and services for offenders convicted of felonies or designated drug-related misdemeanors who are:

      (a) On parole;

      (b) On probation;

      (c) On post-prison supervision;

      (d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration;

      (e) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for violation of a condition of parole, probation or post-prison supervision; or

      (f) On conditional release under ORS 420A.206.

      (3) Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124 (2) or (4), the supervisory authority may execute the sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority. If the supervisory authority releases a person from custody under this subsection and the person is required to report as a sex offender under ORS 163A.010, the supervisory authority, as a condition of release, shall order the person to report to the Department of State Police, a city police department or a county sheriff’s office or to the supervising agency, if any:

      (a) When the person is released;

      (b) Within 10 days of a change of residence;

      (c) Once each year within 10 days of the person’s birth date;

      (d) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

      (e) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

      (4) As used in this section:

      (a) “Attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 163A.005.

      (b) “Designated drug-related misdemeanor” means:

      (A) Unlawful possession of a Schedule I controlled substance under ORS 475.752 (3)(a);

      (B) Unlawful possession of a Schedule II controlled substance under ORS 475.752 (3)(b);

      (C) Unlawful possession of methadone under ORS 475.824 (2)(a);

      (D) Unlawful possession of oxycodone under ORS 475.834 (2)(a);

      (E) Unlawful possession of heroin under ORS 475.854 (2)(a);

      (F) Unlawful possession of 3,4-methylenedioxymethamphetamine under ORS 475.874 (2)(a);

      (G) Unlawful possession of cocaine under ORS 475.884 (2)(a); or

      (H) Unlawful possession of methamphetamine under ORS 475.894 (2)(a). [1995 c.423 §9; 1997 c.313 §33; 1997 c.433 §9; 1999 c.156 §1; 1999 c.626 §21; amendments by 1999 c.626 §44 repealed by 2001 c.884 §1; 2005 c.567 §12; 2009 c.204 §9; 2009 c.713 §16; 2017 c.706 §17]

 

      423.483 Baseline funding; basis on which county can discontinue participation. (1)(a) The baseline funding for biennia beginning after June 30, 1999, is the current service level for the expenses of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2). At a minimum, each biennium’s appropriation must be established at this baseline.

      (b) The baseline funding described in paragraph (a) of this subsection:

      (A) May not be decreased as a result of a reduction under ORS 137.633.

      (B) May not be increased as a result of community-based sanctions, services and programs that are funded under section 53, chapter 649, Oregon Laws 2013.

      (2) If the total state community corrections appropriation is less than the baseline calculated under subsection (1) of this section, a county may discontinue participation by written notification to the director 180 days prior to implementation of the change. If a county discontinues participation, the responsibility for correctional services transferred to the county, and the portion of funding made available to the county under ORS 423.530 reverts to the Department of Corrections. In no case does responsibility for supervision and provision of correctional services to misdemeanor offenders revert to the department.

      (3) As used in this section, “current service level” means the calculated cost of continuing current legislatively funded programs, phased in programs and increased caseloads minus one-time costs, decreased caseloads, phased out programs and pilot programs with the remainder adjusted for inflation as determined by the Legislative Assembly in its biennial appropriation to the Department of Corrections. [1995 c.423 §6; 1999 c.952 §1; 2013 c.649 §20; 2015 c.140 §2]

 

      Note: The amendments to 423.483 by section 22, chapter 649, Oregon Laws 2013, become operative July 1, 2025. See section 23, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2025, including amendments by section 3, chapter 140, Oregon Laws 2015, is set forth for the user’s convenience.

      423.483. (1)(a) The baseline funding for biennia beginning after June 30, 1999, is the current service level for the expenses of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2). At a minimum, each biennium’s appropriation must be established at this baseline.

      (b) The baseline funding described in paragraph (a) of this subsection may not be decreased as a result of a reduction under ORS 137.633.

      (2) If the total state community corrections appropriation is less than the baseline calculated under subsection (1) of this section, a county may discontinue participation by written notification to the director 180 days prior to implementation of the change. If a county discontinues participation, the responsibility for correctional services transferred to the county, and the portion of funding made available to the county under ORS 423.530 reverts to the Department of Corrections. In no case does responsibility for supervision and provision of correctional services to misdemeanor offenders revert to the department.

      (3) As used in this section, “current service level” means the calculated cost of continuing current legislatively funded programs, phased in programs and increased caseloads minus one-time costs, decreased caseloads, phased out programs and pilot programs with the remainder adjusted for inflation as determined by the Legislative Assembly in its biennial appropriation to the Department of Corrections.

 

      423.486 Costs incurred by county; rules. (1) Beginning in 2012, and every six years thereafter, the Department of Corrections shall conduct a study to determine the actual costs incurred by each county of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2).

      (2) The department may adopt rules to carry out the provisions of this section. [2009 c.168 §1]

 

      423.490 Department reimbursement of counties for costs incurred pursuant to ORS 813.011; rules. (1) The Legislative Assembly finds and declares that:

      (a) In November of 2010, the voters enacted ORS 813.011, which directed the state to fully reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, including the costs of pretrial incarceration.

      (b) Different counties incur different costs of incarceration and many counties incur different costs for different inmates within the same facility.

      (c) The Legislative Assembly intends to honor the direction given by the voters while also creating an efficient and effective means by which to do so.

      (d) Counties and the Department of Corrections have previously agreed that the calculated rate at which the department provides moneys to counties under ORS 423.530 for persons sentenced to 12 months or less incarceration is an efficient and effective means by which to reimburse counties for the costs of their incarceration.

      (2) The department shall reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, including the costs of pretrial incarceration.

      (3) The department shall adopt rules prescribing the manner in which a county may submit a claim for reimbursement under this section. The reimbursement shall be calculated using the rate at which the department provides moneys to counties under ORS 423.530 for persons sentenced to 12 months or less incarceration.

      (4) Reimbursements made to counties under this section must be made from moneys appropriated to the department for that purpose. [2011 c.598 §3]

 

      423.497 National criminal history check. (1) During the intake process, each county shall conduct a national criminal history check on every person incarcerated in the county correctional facility.

      (2) The county shall develop policies and procedures to ensure that the results of the national criminal history check are received before an inmate is released.

      (3) The state shall reimburse each county for the costs of conducting the national criminal history checks. [2008 c.35 §7]

      423.500 Definitions for ORS 423.500 to 423.560. As used in ORS 423.500 to 423.560, unless the context requires otherwise:

      (1) “Director” means the Director of the Department of Corrections.

      (2) “Department” means the Department of Corrections.

      (3) “Plan” means the biennial community corrections plan required by ORS 423.535. [1977 c.412 §1a; 1979 c.160 §2; 1987 c.320 §220; 1995 c.423 §1a]

 

      423.505 Legislative policy on program funding. Because counties are in the best position for the management, oversight and administration of local criminal justice matters and for determining local resource priorities, it is declared to be the legislative policy of this state to establish an ongoing partnership between the state and counties and to finance with appropriations from the General Fund statewide community correction programs on a continuing basis. The intended purposes of this program are to:

      (1) Provide appropriate sentencing and sanctioning options including incarceration, community supervision and services;

      (2) Provide improved local services for persons charged with criminal offenses with the goal of reducing the occurrence of repeat criminal offenses;

      (3) Promote local control and management of community corrections programs;

      (4) Promote the use of the most effective criminal sanctions necessary to protect public safety, administer punishment to the offender and rehabilitate the offender;

      (5) Enhance, increase and support the state and county partnership in the management of offenders; and

      (6) Enhance, increase and encourage a greater role for local government and the local criminal justice system in the planning and implementation of local public safety policies. [1977 c.412 §1; 1989 c.607 §1; 1995 c.423 §2]

 

      423.510 [1977 c.412 §2; 1985 c.44 §3; 1985 c.558 §7; repealed by 1995 c.423 §31]

 

      423.515 [1977 c.412 §4; 1987 c.320 §220a; repealed by 1995 c.423 §31]

 

      423.520 Financial grants to counties for community corrections programs. The Department of Corrections shall make grants to assist counties in the implementation and operation of community corrections programs including, but not limited to, preventive or diversionary correctional programs, probation, parole, work release and local correctional facilities and programs for offenders. The department shall require recipients of the grants to cooperate, to the extent of available information systems resources, in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct. [1977 c.412 §5; 1987 c.320 §221; 1995 c.423 §3; 1997 c.433 §10]

 

      423.523 [2013 c.35 §1; repealed by 2017 c.150 §2]

     

      423.525 Application for financial aid; review of application; rules for program evaluation; use of funds; community corrections manager; modification of plan. (1) A county, group of counties or intergovernmental corrections entity shall apply to the Director of the Department of Corrections in a manner and form prescribed by the director for funding made available under ORS 423.500 to 423.560. The application shall include a community corrections plan. The Department of Corrections shall provide consultation and technical assistance to counties to aid in the development and implementation of community corrections plans.

      (2)(a) From July 1, 1995, until June 30, 1999, a county, group of counties or intergovernmental corrections entity may make application requesting funding for the construction, acquisition, expansion or remodeling of correctional facilities to serve the county, group of counties or intergovernmental corrections entity. The department shall review the application for funding of correctional facilities in accordance with criteria that consider design, cost, capacity, need, operating efficiency and viability based on the county’s, group of counties’ or intergovernmental corrections entity’s ability to provide for ongoing operations.

      (b)(A) If the application is approved, the department shall present the application with a request to finance the facility with financing agreements to the State Treasurer and the Director of the Oregon Department of Administrative Services. Except as otherwise provided in subparagraph (B) of this paragraph, upon approval of the request by the State Treasurer and the Director of the Oregon Department of Administrative Services, the facility may be financed with financing agreements, and certificates of participation issued pursuant thereto, as provided in ORS 283.085 to 283.092. All decisions approving or denying applications and requests for financing under this section are final. No such decision is subject to judicial review of any kind.

      (B) If requests to finance county correctional facility projects are submitted after February 22, 1996, and the requests have not been approved by the department on the date a session of the Legislative Assembly convenes, the requests are also subject to the approval of the Legislative Assembly.

      (c) After approval but prior to the solicitation of bids or proposals for the construction of a project, the county, group of counties or intergovernmental corrections entity and the department shall enter into a written agreement that determines the procedures, and the parties responsible, for the awarding of contracts and the administration of the construction project for the approved correctional facility. If the parties are unable to agree on the terms of the written agreement, the Governor shall decide the terms of the agreement. The Governor’s decision is final.

      (d) After approval of a construction project, the administration of the project shall be conducted as provided in the agreement required by paragraph (c) of this subsection. The agreement must require at a minimum that the county, group of counties or intergovernmental corrections entity shall submit to the department any change order or alteration of the design of the project that, singly or in the aggregate, reduces the capacity of the correctional facility or materially changes the services or functions of the project. The change order or alteration is not effective until approved by the department. In reviewing the change order or alteration, the department shall consider whether the implementation of the change order or alteration will have any material adverse impact on the parties to any financing agreements or the holders of any certificates of participation issued to fund county correctional facilities under this section. In making its decision, the department may rely on the opinions of the Department of Justice, bond counsel or professional financial advisers.

      (3) Notwithstanding ORS 283.085, for purposes of this section, “financing agreement” means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement to finance a correctional facility described in this section, or to refinance a previously executed financing agreement for the financing of a correctional facility. The state is not required to own or operate a correctional facility in order to finance it under ORS 283.085 to 283.092 and this section. The state, an intergovernmental corrections entity, county or group of counties may enter into any agreements, including, but not limited to, leases and subleases, that are reasonably necessary or generally accepted by the financial community for purposes of acquiring or securing financing as authorized by this section. In financing county correctional facilities under this section, “property rights” as used in ORS 283.085 includes leasehold mortgages of the state’s rights under leases of correctional facilities from counties.

      (4) Notwithstanding any other provision of state law, county charter or ordinance, a county may convey or lease to the State of Oregon, acting by and through the Department of Corrections, title to interests in, or a lease of, any real property, facilities or personal property owned by the county for the purpose of financing the construction, acquisition, expansion or remodeling of a correctional facility. Upon the payment of all principal and interest on, or upon any other satisfaction of, the financing agreement used to finance the construction, acquisition, expansion or remodeling of a correctional facility, the state shall reconvey its interest in, or terminate and surrender its leasehold of, the property or facilities, including the financed construction, acquisition, expansion or remodeling, to the county. In addition to any authority granted by ORS 283.089, for the purposes of obtaining financing, the state may enter into agreements under which the state may grant to trustees or lenders leases, subleases and other security interests in county property conveyed or leased to the state under this subsection and in the property or facilities financed by financing agreements.

      (5) In connection with the financing of correctional facilities, the Director of the Oregon Department of Administrative Services may bill the Department of Corrections, and the Department of Corrections shall pay the amounts billed, in the same manner as provided in ORS 283.089. As required by ORS 283.091, the Department of Corrections and the Oregon Department of Administrative Services shall include in the Governor’s budget all amounts that will be due in each fiscal period under financing agreements for correctional facilities. Amounts payable by the state under a financing agreement for the construction, acquisition, expansion or remodeling of a correctional facility are limited to available funds as defined in ORS 283.085, and no lender, trustee, certificate holder or county has any claim or recourse against any funds of the state other than available funds.

      (6) The director shall adopt rules that may be necessary for the administration, evaluation and implementation of ORS 423.500 to 423.560. The standards shall be sufficiently flexible to foster the development of new and improved supervision or rehabilitative practices and maximize local control.

      (7) When a county assumes responsibility under ORS 423.500 to 423.560 for correctional services previously provided by the department, the county and the department shall enter into an intergovernmental agreement that includes a local community corrections plan consisting of program descriptions, budget allocation, performance objectives and methods of evaluating each correctional service to be provided by the county. The performance objectives must include in dominant part reducing future criminal conduct. The methods of evaluating services must include, to the extent of available information systems resources, the collection and analysis of data sufficient to determine the apparent effect of the services on future criminal conduct.

      (8) All community corrections plans shall comply with rules adopted pursuant to ORS 423.500 to 423.560, and shall include but need not be limited to an outline of the basic structure and the supervision, services and local sanctions to be applied to offenders convicted of felonies and designated drug-related misdemeanors who are:

      (a) On parole;

      (b) On probation;

      (c) On post-prison supervision;

      (d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration;

      (e) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision; and

      (f) On conditional release under ORS 420A.206.

      (9) All community corrections plans shall designate a community corrections manager of the county or counties and shall provide that the administration of community corrections under ORS 423.500 to 423.560 shall be under such manager.

      (10) No amendment to or modification of a county-approved community corrections plan shall be placed in effect without prior notice to the director for purposes of statewide data collection and reporting.

      (11) The obligation of the state to provide funding and the scheduling for providing funding of a project approved under this section is dependent upon the ability of the state to access public security markets to sell financing agreements.

      (12) No later than January 1 of each odd-numbered year, the Department of Corrections shall:

      (a) Evaluate the community corrections policy established in ORS 423.475, 423.478, 423.483 and 423.500 to 423.560; and

      (b) Assess the effectiveness of local revocation options.

      (13) As used in this section, “designated drug-related misdemeanor” has the meaning given that term in ORS 423.478. [1977 c.412 §6; 1987 c.320 §222; 1989 c.790 §65; 1995 c.79 §218; 1995 c.423 §§4,4a; 1996 c.4 §§7,8; 1997 c.433 §11; 1999 c.156 §2; 1999 c.952 §2; 2016 c.117 §67; 2017 c.706 §18]

 

      423.530 Procedure for determining amount of financial grants; rules. (1) Financial grants for community corrections pursuant to ORS 423.500 to 423.560 consist of the Grant-in-Aid Program. The Grant-in-Aid Program consists of moneys appropriated to the Department of Corrections for the purposes of management, support services and supervision of offenders described in ORS 423.478 (2). The department shall determine, prior to July 1 of each odd-numbered year, each county’s percentage share of the amount appropriated for the purposes of this subsection. Such determination shall be based upon a weighted formula of workload and population as adopted by the department by rule. In adopting the rule, the department shall consult with a broad based committee including, but not limited to, representatives of the Department of Corrections, local county community corrections, county boards of commissioners and county sheriffs.

      (2) Funding received by a county pursuant to ORS 423.500 to 423.560 approved for county corrections programs shall not be reduced by the department except by action of the Legislative Assembly or the Emergency Board. Such reductions shall be made proportionately using the applicable allocation formula. [1977 c.412 §7; 1979 c.160 §1; 1985 c.708 §1; 1987 c.320 §223; 1989 c.613 §1; 1989 c.790 §66; 1993 c.680 §1; 1995 c.423 §5]

 

      423.535 Biennial community corrections plan required; county authority to contract for services. (1) Prior to receiving funds, the county shall have a biennial community corrections plan.

      (2) The county and the Department of Corrections shall enter into an intergovernmental agreement referring to the plan.

      (3) The county may contract with public or private agencies including, but not limited to, other counties, cities, special districts and public or private agencies for the provision of services to offenders. [1977 c.412 §13; 1987 c.320 §224; 1989 c.613 §2; 1995 c.423 §7]

 

      423.540 Program compliance review by Director of Department of Corrections; effect of failure to comply. The Director of the Department of Corrections shall biennially review a county’s compliance with the intergovernmental agreement under ORS 423.500 to 423.560. A county must substantially comply with the provisions of its community corrections intergovernmental agreement and plan established pursuant to ORS 423.525 (7). If the director determines that there are reasonable grounds to believe that a county is not in substantial compliance with the intergovernmental agreement or plan, the director shall contact the county regarding the alleged noncompliance and offer technical assistance to reach compliance. If the county does not resolve the alleged noncompliance, the director shall, after giving the county not less than 30 days’ notice, conduct a hearing to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. After technical assistance is provided and the hearing occurs, the director may suspend any portion of the funding made available to the county under ORS 423.500 to 423.560 until the required compliance occurs. [1977 c.412 §8; 1979 c.487 §14; 1987 c.320 §225; 1995 c.423 §8; 1997 c.715 §5; 2017 c.302 §1]

 

      423.545 [1977 c.412 §9; 1987 c.320 §226; repealed by 1995 c.423 §31]

 

      423.549 State positions in community corrections branch; abolishment; county authority; affected employees; pay. (1) Notwithstanding ORS 236.605 to 236.640, all state positions in the state community corrections branch of the Department of Corrections, the funding for which is transferred to counties, are abolished on January 1, 1997. Counties have sole discretion in the development of methods and means of county community corrections operation under ORS 423.500 to 423.560 including establishment of wages, benefits and working conditions and selection of any employees to operate supervision programs or other services and sanctions under ORS 423.478 and 423.525. The implementation of this section does not give rise to any bargaining obligation under ORS 243.650 to 243.782. Notwithstanding any collective bargaining agreement, the department shall first offer to any employee so affected and not hired by a county a vacant position in other department branches and operations for which the employee is qualified. This preference lapses 90 days after the operative date of this section. The department has sole discretion in selecting and filling vacant positions from among affected employees having preference.

      (2) Notwithstanding subsection (1) of this section, for each month of employment during the period of January 1, 1997, through June 30, 1997, a county shall pay each affected employee hired by the county in regular full-time employment to provide or to support the provision of community corrections programs and services the same minimum gross monthly salary or hourly wage that the affected employee received in state employment immediately prior to termination of the employee’s state position. In the event an affected employee formerly employed by the state in a supervisory position is hired by a county in a nonsupervisory position, the county shall pay the affected employee during this period the same minimum gross monthly salary or hourly wage to which an affected employee in the nonsupervisory position would have been entitled to receive in state employment at the top step of the state pay classification for that position immediately prior to its termination. A county shall also provide to each affected employee during this period the same benefits provided to existing county employees performing the same or substantially similar work, giving full consideration to the length of the employee’s state service as though the service had been in and for the county. [1995 c.423 §16 (enacted in lieu of 423.550)]

 

      423.550 [1977 c.412 §10; 1987 c.320 §227; 1989 c.607 §3; 1989 c.614 §3; 1993 c.680 §2; repealed by 1995 c.423 §15 (423.549 enacted in lieu of 423.550)]

 

      423.551 [1989 c.614 §5; repealed by 1995 c.423 §31]

 

      423.552 [1989 c.510 §2; repealed by 1995 c.423 §30]

 

      423.553 [1989 c.510 §3; repealed by 1995 c.423 §30]

 

      423.554 [1989 c.510 §§4,5; repealed by 1995 c.423 §30]

 

      423.555 Statewide program evaluation and information system. The Department of Corrections shall establish and operate, with the cooperation and participation of county community corrections agencies, a statewide evaluation and information system to monitor the effectiveness of correctional services provided to criminal offenders under ORS 423.500 to 423.560. To the extent of available information systems resources, the system shall permit ongoing evaluation of apparent correlations between services provided and future criminal conduct. [1977 c.412 §11; 1987 c.320 §228; 1995 c.423 §10; 1997 c.433 §12]

 

      423.557 “Recidivism” defined for statistical evaluations. (1) As used in this section, “recidivism” means the arrest, conviction or incarceration of a person who has previously been convicted of a crime, if the arrest, conviction or incarceration is for a new crime and occurs:

      (a) Three years or less after the date the person was convicted of the previous crime; or

      (b) Three years or less after the date the person was released from custody, if the person was incarcerated as a result of the conviction for the previous crime.

      (2) When the Oregon Department of Administrative Services, the Department of Corrections, the Oregon Criminal Justice Commission or any other public body as defined in ORS 174.109 conducts a statistical evaluation of the rate at which persons convicted of a crime recidivate, the public body shall include an evaluation of recidivism as that term is defined in subsection (1) of this section. [2013 c.649 §45; 2015 c.143 §1]

 

      Note: 423.557 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      423.560 Local public safety coordinating council; duties. (1) The board of county commissioners of a county shall convene a local public safety coordinating council. The council shall include, but need not be limited to:

      (a) A police chief selected by the police chiefs in the county;

      (b) The sheriff of the county or, if two or more counties have joined together to provide community corrections services, a sheriff selected by the sheriffs in the counties;

      (c) The district attorney of the county or, if two or more counties have joined together to provide community corrections services, a district attorney selected by the district attorneys of the counties;

      (d) A state court judge, and a public defender or defense attorney, both appointed by the presiding judge of the judicial district in which the county is located;

      (e) A director of community corrections, a county commissioner, a juvenile department director, a health director, a mental health director, a representative of community-based nonprofit organizations that provide services to victims of crime and at least one lay citizen, all appointed by the county commissioners;

      (f) A city councilor or mayor and a city manager or other city representative, both selected by the cities in the county;

      (g) A representative of the Oregon State Police, who is a nonvoting member of the council, selected by the Superintendent of State Police; and

      (h) A representative of the Oregon Youth Authority, who is a nonvoting member of the council, selected by the Director of the Oregon Youth Authority.

      (2) The boards of county commissioners of two or more counties may jointly convene a single, regional local public safety coordinating council by means of an intergovernmental agreement. Local officials may combine the council with existing local criminal justice advisory councils established under ORS 1.851.

      (3) The local public safety coordinating council shall, at a minimum:

      (a) Develop and recommend to the county board of commissioners a plan for use of:

      (A) State resources to serve the local offender population; and

      (B) State and local resources to serve the needs of that part of the local offender population who are at least 15 years of age and less than 18 years of age, which plan must provide for coordination of community-wide services involving prevention, treatment, education, employment resources and intervention strategies; and

      (b) Coordinate local criminal justice policy among affected criminal justice entities.

      (4) Nonvoting members of a local public safety coordinating council may not be counted in determining whether a quorum exists.

      (5) If a quorum is present at any meeting of the council, action may be taken by an affirmative vote of a majority of the quorum.

      (6) The appointing authorities described in subsection (1) of this section shall fill a vacancy over which they have appointment authority within three months of a vacancy or as soon as possible. [1977 c.412 §12; 1995 c.423 §11; 1997 c.249 §136; 1997 c.698 §1; 2003 c.162 §1; 2007 c.682 §2; 2009 c.286 §1; 2017 c.225 §1]

 

      423.565 Additional duties of public safety coordinating council. In addition to the duties assigned to it under ORS 423.560, the local public safety coordinating council convened by the board of commissioners shall, at a minimum:

      (1) Develop and recommend to the county board of commissioners the plan for use of state resources to serve the local youth offender population.

      (2) Coordinate local juvenile justice policy among affected juvenile justice entities.

      (3) Develop and recommend to the county board of commissioners a plan designed to prevent criminal involvement by youth. The plan must provide for coordination of community-wide services involving treatment, education, employment and intervention strategies aimed at crime prevention.

      (4) Create a facility advisory subcommittee when provided with the information described in ORS 169.690. The subcommittee shall be composed of the following persons:

      (a) The affected law enforcement officer described in ORS 423.560 (1)(a) or (b);

      (b) A district attorney;

      (c) A mental health director;

      (d) A designee of the city council or county board of commissioners, whichever is affected;

      (e) A representative of an organization that advocates on behalf of persons with mental illness; and

      (f) A consumer as defined in ORS 430.073.

      (5) If a written plan of action has been provided to the council under ORS 165.127, annually review the plan and, if appropriate, make written recommendations to the affected district attorney for plan improvements. [1995 c.422 §75; 1995 c.423 §11a; 2009 c.121 §2; 2009 c.811 §12; 2012 c.37 §99]

 

      423.569 Annual summary. (1) The board or boards of county commissioners that have convened a local public safety coordinating council shall publish an annual summary of program, service or budget changes made in response to the recommendations of the local public safety coordinating council described in ORS 423.560 and 423.565.

      (2) The summary described in subsection (1) of this section shall be provided to the local public safety coordinating council and the Oregon Criminal Justice Commission. [2007 c.682 §1]

 

PAYMENTS BY SUPERVISED PERSON

 

      423.570 Monthly fee payable by person on supervised release; use; payment as condition of release; waiver. (1) A person sentenced to probation or placed by an authority on parole, post-prison supervision or other form of release, subject to supervision by a community corrections program established under ORS 423.500 to 423.560, shall be required to pay a monthly fee to offset costs of supervising the probation, parole, post-prison supervision or other supervised release.

      (2) A person sentenced to probation or placed by an authority on parole, post-prison supervision or other form of release, subject to supervision other than by a community corrections program established under ORS 423.500 to 423.560, may be required by the releasing authority to pay a monthly fee to offset costs of supervising the probation, parole, post-prison supervision or other supervised release.

      (3) When a fee is required under subsection (1) of this section, the fee shall be determined and fixed by the releasing authority but shall be at least $25, and if the releasing authority fails to establish the amount of a released person’s required fee, the fee shall be $25.

      (4) Fees are payable one month following the commencement of probation, parole, post-prison supervision or other supervised release and at one-month intervals thereafter. If the released person is supervised under county authority, the county shall collect or provide by contract for the collection of the fee from the released person and shall retain the fee to be used by the county for funding of its community corrections program.

      (5) Except in the case of a probation granted by a court before that date, the fee requirements imposed by this section apply beginning July 1, 1981, to all persons under supervised probation, parole, post-prison supervision or other form of supervised release pursuant to subsection (1) of this section, including persons on such supervised release in this state under any interstate agreement. Timely payment of the fee is hereby made a condition of such probation, parole, post-prison supervision or other supervised release. In the case of a probation granted by a court prior to July 1, 1981, the court may amend its order granting probation to provide for payment of the fee.

      (6) In cases of financial hardship or when otherwise advisable in the interest of the released person’s rehabilitation:

      (a) The community corrections manager may waive or reduce the amount of the fee.

      (b) The sentencing court may waive or reduce the amount of the fee for any person whom the court has sentenced to probation. If any of the fee requirement is reduced by the court, only the court may restore the requirement. [1981 c.169 §1; 1983 c.252 §1; 1987 c.320 §229; 1989 c.497 §1; 1989 c.790 §67; 1993 c.14 §23; 1995 c.423 §14]

 

RESTORATIVE JUSTICE PROGRAMS

 

      423.600 Legislative findings. The Legislative Assembly finds and declares that:

      (1) Restorative justice programs, including facilitated dialogues and responsibility letter banks, can promote justice and healing for crime victims and survivors and can aid inmates in the process of rehabilitation;

      (2) A facilitated dialogue or responsibility letter bank program is most successful when the participants are able to communicate openly and honestly about the crime and its impact, knowing that the participants’ communication will not be disclosed to other people or used against them later; and

      (3) It is the policy and purpose of ORS 423.600 to 423.610 that Department of Corrections facilitated dialogue and responsibility letter bank program communications are confidential, and should not be admissible in any administrative, judicial or arbitration proceeding, except pursuant to limited exceptions established by the Department of Corrections by rule. [2017 c.114 §1]

 

      423.605 Definition. As used in ORS 423.600 to 423.610, “facilitated dialogue and responsibility letter bank program communications” means all communications by a victim, survivor or inmate, or by a program facilitator, advisory committee member or staff person, that are made in the course of or in connection with a facilitated dialogue or responsibility letter bank program conducted pursuant to Department of Corrections rules. The communications include but are not limited to:

      (1) All memoranda, assessment and evaluation forms, documents and other materials, including letters that are prepared for or submitted in connection with a facilitated dialogue;

      (2) All communications, whether oral, written or recorded, made during the intake of a case, during preparations for a facilitated dialogue, during any joint in-person meetings or telephone calls, and during any post-dialogue meetings or conversations; and

      (3) All materials or recordings submitted in connection with a responsibility letter bank program by a victim, survivor or inmate or by another person on behalf of a victim, survivor or inmate. [2017 c.114 §2]

 

      423.610 Liability of persons associated with program; confidentiality of communications. (1) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any facilitated dialogue or responsibility letter bank program communication, except as required under rules established pursuant to ORS 423.615.

      (2) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons are not civilly liable for any act or omission done or made while engaged in efforts to assist a victim, survivor or inmate in the course of or in connection with a facilitated dialogue or responsibility letter bank program conducted pursuant to rules adopted by the Department of Corrections, unless the facilitator, member or person acted or made an omission in bad faith, with malicious intent or in a manner that exhibited a willful or wanton disregard of the rights, safety or property of another person.

      (3) Facilitated dialogue and responsibility letter bank program communications are confidential and may not be disclosed to any other person, except as permitted under rules established pursuant to ORS 423.615.

      (4) Facilitated dialogue and responsibility letter bank program communications are not admissible as evidence in any subsequent administrative, judicial or arbitration proceeding, except as permitted under rules established pursuant to ORS 423.615. [2017 c.114 §3]

 

      423.615 Rules. The Department of Corrections shall adopt rules to carry out the provisions of ORS 423.600 to 423.610. [2017 c.114 §4]

_______________

 

CHAPTERS 424 AND 425

 

[Reserved for expansion]