Chapter 169 — Chapter 169

ORS 169.005 Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800. As used in ORS 169.005 to 169.685 and 169.730 to 169.800, unless the context requires otherwise

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ORS 169.010 [Amended by 1963 c.236 §1; 1973 c.740 §8; repealed by 1983 c.327 §16]

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ORS 169.020 [Amended by 1973 c.740 §9; repealed by 1983 c.327 §16]

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ORS 169.030 Construction, maintenance and use of local correctional facilities by county and city; renting suitable structure; provision of facilities by another county or city. (1) Every county and city in this state shall provide, keep and maintain within or without the county or city, as the case may be, a local correctional facility for the reception and confinement of prisoners committed thereto. The local correctional facility shall be constructed of fireproof materials and should have fire exits in sufficient number and suitably located for the removal of prisoners

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ORS 169.040 Inspection of local correctional facilities. (1) The county court or board of county commissioners of each county is the inspector of the local correctional facilities in the county. The court or board shall visit local correctional facilities operated by the county at least once in each regular term and may visit local correctional facilities within the county that are not operated by the county. When the court or board visits a local correctional facility, it shall examine fully into the local correctional facility, including, but not limited to, the cleanliness of the facility and the health and discipline of the persons confined. If it appears to the court or board that any provisions of law have been violated or neglected, it shall immediately give notice of the violation or neglect to the district attorney of the district

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ORS 169.042 Maximum facility population; recommendation. The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following

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ORS 169.044 Action on recommendation. When the county court or board has received a recommendation pursuant to ORS 169.042, it shall either

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ORS 169.046 Notice of county jail population emergency; action to be taken; notification if release likely; forced release. (1) If a county court or board adopts a jail capacity limit under ORS 169.044 and the number of adults in custody in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of adults in custody in the local correctional facility has exceeded capacity and that a county jail population emergency exists

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ORS 169.050 Contracts for boarding of prisoners. The county court or board of county commissioners of each county in this state, not having more than 300,000 inhabitants, shall advertise for bids for boarding of prisoners confined in the county local correctional facilities of the county, and may award the contract for boarding them to the lowest responsible bidder. If any responsible bidder, other than the sheriff, receives the contract from the county for the boarding of prisoners, such bidder shall receive compensation for boarding such prisoners rather than the sheriff, and the sheriff shall afford to such bidder all facilities for carrying out the county’s contract for boarding prisoners. [Amended by 1973 c.740 §12]

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ORS 169.053 Agreements with other counties or Department of Corrections for confinement and detention of offenders. (1) A county may enter into an agreement with one or more other counties of this state under ORS 190.010 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of

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ORS 169.055 Contracts with Department of Corrections for county prisoners awaiting sentencing. (1) The Department of Corrections may enter into contracts or arrangements with the authorities of any county in this state to provide for the reception, detention, care, maintenance and employment of county prisoners convicted of a felony in the courts of this state who are awaiting sentencing and who, in the judgment of the sentencing court, pose an unusual security risk if they were to remain incarcerated in a local correctional facility pending sentencing

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ORS 169.060 [Repealed by 1983 c.327 §16]

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ORS 169.070 Coordination of state services by Department of Corrections; inspections to determine compliance with standards. (1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059

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ORS 169.072 Provision of services or assistance by Department of Corrections through arrangements with local governments. (1) The Department of Corrections may enter into arrangements, contracts or agreements with local governments to provide services or other assistance to local governments with respect to local correctional facilities and juvenile detention facilities. Services and assistance provided to local governments under this section may include health care services and assistance, including providing pharmaceuticals, treatment services, transport services, training assistance, security assistance and tactical assistance

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ORS 169.075 [1973 c.740 §3; repealed by 1979 c.487 §5 (169.076, 169.077, 169.078 and 169.740 enacted in lieu of 169.075)]

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ORS 169.076 Standards for local correctional facilities. Each local correctional facility shall

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ORS 169.077 Standards for lockup facilities. Each lockup facility shall

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ORS 169.078 Standards for temporary hold facilities. Each temporary hold shall

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ORS 169.079 [1979 c.487 §9 (enacted in lieu of 169.075); 1981 c.869 §1; renumbered 169.740]

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ORS 169.080 Effect of failure to comply with standards; enforcement by Attorney General; private action. (1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059, the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to ensure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections

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ORS 169.085 Submission of construction or renovation plans to Department of Corrections; recommendations by department

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ORS 169.090 Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation. (1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs’ Association, the Oregon Association Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor

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ORS 169.105 Unconscious person not to be admitted to custody in facility. No person who is unconscious shall be admitted to custody in a facility described in ORS 169.005, but shall instead be taken immediately to the nearest appropriate medical facility for medical diagnosis, care and treatment. [1983 c.547 §2]

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ORS 169.110 Time credit for good behavior. (1) Each prisoner convicted of an offense against the laws of this state, who is confined, in execution of the judgment or sentence upon conviction, including confinement imposed as a condition of probation pursuant to ORS 137.540, in a county local correctional facility in this state for a definite term, whose record of conduct shows that the prisoner has faithfully observed all the rules of the facility, is entitled, in the discretion of the sheriff or other officer having custody of such prisoner, to a deduction from the term of the sentence of the prisoner to be calculated as follows, commencing on the first day of the arrival of the prisoner at the facility to serve the sentence of the prisoner

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ORS 169.115 Temporary leave; rules. (1) Any prisoner serving a sentence in a county jail may be eligible for temporary leave for a period not to exceed 10 days for the purpose of visiting a seriously ill relative, attending the funeral of a relative, or obtaining medical services not otherwise available

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ORS 169.120 Credit for work. (1)(a) In addition to the allowances provided for in ORS 169.110, all prisoners in a county local correctional facility who are engaged in work either inside or outside the facility are entitled to an allowance of credits in time or compensation, or both, for the work

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ORS 169.130 [Amended by 1959 c.533 §1; repealed by 1971 c.743 §432]

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ORS 169.140 Furnishing prisoners food, clothing and necessary medical aid. The keeper of each local correctional facility shall furnish and keep clean the necessary bedding and clothing for all prisoners in the custody of the keeper, and shall supply them with wholesome food, fuel and necessary medical aid. [Amended by 1973 c.740 §15]

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ORS 169.150 Payment of expenses of keeping prisoners; health care fees. (1) The charges and expenses for safekeeping and maintaining all persons duly committed to the local correctional facility of the county for trial, sentenced to imprisonment in the county local correctional facility, or committed for the nonpayment of any fine or for any contempt, shall, unless otherwise provided by law, be paid out of the treasury of the county. The account of the keeper shall be first allowed by the county court or board of county commissioners of the county from which the prisoner was committed

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ORS 169.151 Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures. (1) A city or, notwithstanding ORS 169.150 (1), a county may seek reimbursement from a person who is or was committed to the local correctional facility of the county or city upon conviction of a crime for any expenses incurred by the county or city in safekeeping and maintaining the person. The county or city may seek reimbursement

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ORS 169.152 Liability for costs of medical care for persons in county facility. Notwithstanding ORS 169.140, 169.150 and 169.220, when a person is lawfully confined in a county local correctional facility for violation of a city ordinance, for nonpayment of a fine imposed by a municipal court or as a result of a warrant of arrest issued by a magistrate in another county, the county in which the warrant was issued or the city shall be liable for the costs of medical care provided to the person while confined in the county local correctional facility. The keeper of the local correctional facility shall bill the other county or city for the actual cost of the medical care provided, and the other county or city shall pay the charges within 60 days after receiving the cost statement from the keeper. [1985 c.530 §2]

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ORS 169.153 Liability of public agency for costs of medical care provided to persons in transport. (1) Subject to ORS 30.260 to 30.300 and 414.805, payment of the costs of medical care provided to a person who becomes ill or is injured while being lawfully transported in the custody of a law enforcement officer at the request of a public agency other than the public agency by which the officer is employed is the responsibility of the public agency that requested the transportation of the person

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ORS 169.155 Definitions for ORS 169.155 and 169.166. As used in ORS 169.166 and this section

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ORS 169.160 [Repealed by 1971 c.743 §432]

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ORS 169.165 [1979 c.530 §2; 1981 c.690 §1; repealed by 1993 c.196 §12]

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ORS 169.166 Liability for costs of medical services. Notwithstanding ORS 169.140 and 169.150 and except as otherwise provided in ORS 414.805 and 414.807

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ORS 169.170 Assignment of county prisoners to public works; rules. All convicts sentenced by any court or legal authority, whether in default of the payment of a fine, or committed for a definite number of days to serve sentence in a county local correctional facility, during the period of such sentence, for the purposes of ORS 169.120 and 169.170 to 169.210, are under the exclusive and absolute control of the county court or board of county commissioners of the county in which the crime was committed for which the convict was sentenced. The court or board has full power to place such convicts under the control of any road supervisor or other person appointed to take charge of them, and to cause them to work upon the public roads of the county, or such other work of a public nature as said court or board may direct. All such convicts shall be delivered to the supervisor or other person appointed to take charge of them, upon the written request of the court or board. The sheriff shall obtain a receipt from the person to whom such convicts are delivered for each of the convicts, and thereupon the sheriff’s liability ceases. The county court may at any time return any convict, taken under the provisions of this section, to the sheriff, who shall thereupon take charge of the convict. The court or board is authorized and directed to provide rules and regulations in regard to the employment of said convicts not inconsistent with ORS 169.170 to 169.210. [Amended by 1959 c.530 §7; 1973 c.740 §17]

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ORS 169.180 Assignment of city prisoners to public works. All convicts sentenced by any court or legal authority in any city, whether in default of the payment of a fine or committed for a definite number of days to serve sentence in any local correctional facility, during the period of the sentence shall, with the consent of the proper city authorities and for the purposes of ORS 169.120 and 169.170 to 169.210, be under the absolute and exclusive control of the county court or board of county commissioners of the county in which said city is located. Such city convicts shall be delivered to the county court by any officer having custody thereof in the same manner as county prisoners, and may be returned to the officer from whom they are received in the same manner, and shall be subject to the same rules and regulations as provided in ORS 169.170 for county prisoners. [Amended by 1973 c.740 §18]

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ORS 169.190 Transfer of prisoners to another county for public work. Any county court or board of county commissioners may transfer to the county court or board of county commissioners of any other county any of the convicts committed to its control, under ORS 169.170 or 169.180. The court or board to which such convicts are so transferred has the same power and authority respecting such convicts as if they had been sentenced to serve in that county. The transfer of convicts from one county to another shall be made upon such terms and conditions as may be agreed upon by the county courts or boards concerned in the transfer

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ORS 169.200 [Repealed by 1973 c.740 §28]

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ORS 169.210 Contracts for private employment of prisoners; agencies having power to work prisoners. (1) Except for work release programs, no county or city shall enter into any agreement or contract with any private person, firm or corporation for the employment of any convict

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ORS 169.220 Care of county prisoners. All persons lawfully confined in a county local correctional facility, or as prisoners engaged in work under the custody and jurisdiction of a county, shall be fed and maintained at actual cost to the county. All persons confined in a county local correctional facility shall be given three meals per day. An accurate account of each meal furnished to others than adults in custody of local correctional facilities, together with the names of the recipients thereof, whether facility employees or otherwise, shall be kept and reported by the sheriff each month to the county court or board of county commissioners. The county court or board of county commissioners shall furnish the sheriff with adequate equipment and supplies for carrying out the provisions of this section. The sheriff has authority to employ such assistance therefor as may be necessary. All supplies and equipment needed to feed and maintain such persons as provided in this section shall be purchased by the county court or board of county commissioners upon requisitions duly verified and presented by the sheriff to the county court or board of county commissioners. All supplies so purchased shall be paid for by warrant drawn upon the general fund of the county, upon presentation of vouchers containing itemized statements of all supplies so furnished, duly verified by the sheriff and by the person selling the same, each of whom shall certify that the supplies were actually furnished and received in the quantities represented and were of good quality, and that the price charged therefor was reasonable and just. [Amended by 1957 c.698 §1; 1973 c.740 §20; 2019 c.213 §123]

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ORS 169.310 [Repealed by 1957 c.698 §2]

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ORS 169.320 Control over prisoners; work by prisoners. (1) Except as otherwise provided in ORS 169.170 to 169.210, each county sheriff has custody and control of all persons legally committed or confined in the county local correctional facility of the county of the sheriff during the period of the commitment or confinement. Under the direction of the county court or board of county commissioners of the county, the sheriff may cause the prisoners in the county local correctional facility to engage in any work that is otherwise authorized by law. The work shall be performed at the places and times and in the manner as the court or board may direct. The sheriff may retain and put to work any prisoners as may be required to perform necessary services in and about the facility

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ORS 169.330 Civil liability for release of prisoner. When a prisoner has been committed to the county local correctional facility to be held until the prisoner has paid a sum of money to a private party, or a fine or penalty to the state, and is permitted to depart the facility without legal order or process, the private party or the state may recover in a civil action against the sheriff, the damages sustained by reason of the prisoner’s departure. [Amended by 1961 c.649 §8; 1973 c.740 §22]

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ORS 169.340 Liability for escape of defendant in a civil action. (1) A sheriff who suffers the escape of a prisoner, arrested or in a local correctional facility, without the consent or connivance of the party on whose behalf the arrest or imprisonment was made, is liable to an action by such party, as follows

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ORS 169.350 Liability for failing to serve papers. When a sheriff or the officer of the sheriff, upon whom is served a paper in a judicial proceeding directed to a prisoner in the custody of the sheriff or officer, fails to forthwith deliver it to the prisoner, with a note thereon of the time of its service, the sheriff is liable to the prisoner for all damages occasioned thereby, and if the sheriff or officer willfully fails to so act, such sheriff or officer is guilty of a misdemeanor

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ORS 169.360 Appointment of keeper of local correctional facility. The sheriff may appoint a keeper of the county local correctional facility, to be denominated the jailer, for whose acts as such the sheriff is responsible. The appointment shall be in writing, and the sheriff shall file a certified copy thereof in the office of the county clerk. [Amended by 1973 c.740 §24]

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ORS 169.370 [Repealed by 1961 c.22 §1]

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ORS 169.380 [Amended by 1973 c.740 §25; repealed by 1981 c.41 §3]

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