Chapter 169 — Chapter 169
79 sections in this chapter.
ORS 169.510 [Repealed by 1963 c.547 §11]
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[Repealed or reserved.]
ORS 169.520 [Amended by 1959 c.687 §4; repealed by 1963 c.547 §11]
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[Repealed or reserved.]
ORS 169.530 [Amended by 1973 c.740 §26; repealed by 2019 c.147 §2]
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[Repealed or reserved.]
ORS 169.540 [Repealed by 2019 c.147 §2]
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REGIONAL FACILITIES
ORS 169.610 Policy. It is the policy of the Legislative Assembly to encourage better rehabilitative care to misdemeanants by encouraging the establishment of regional correctional facilities that can effectively provide a program that not only includes better custodial facilities than can be provided by cities or counties individually, but also that can provide work release, educational and other types of leave, and parole supervision by the Department of Corrections. [1971 c.636 §1; 1987 c.320 §99]
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[Repealed or reserved.]
ORS 169.620 “Regional correctional facility” defined. As used in ORS 169.610 to 169.677, “regional correctional facility” means a correctional facility operated pursuant to agreement as described in ORS 169.630 and used to house prisoners of the parties to the agreement, such prisoners having either pretrial or post-trial status. [1971 c.636 §2; 1985 c.708 §2]
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[Repealed or reserved.]
ORS 169.630 Joint establishment or operation of facilities; agreement. (1) Two or more counties, two or more cities, any combination of them, or the State of Oregon in combination with one or more cities or counties or both, may by agreement entered into pursuant to ORS 190.003 to 190.620, construct, acquire or equip, or may by such agreement operate, a regional correctional facility
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(2) An agreement pursuant to this section shall set forth at least: (a) The party or combination of parties to the agreement that shall be responsible for the operation and administration of the facility; (b) The amount of funding to be contributed by each party toward the constr…
ORS 169.635 Provision of personal hygiene products. Regional correctional facilities shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following
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(1) Regular absorbent and super absorbent tampons; (2) Regular absorbent and super absorbent sanitary pads; (3) Postpartum pads; and (4) Regular absorbent panty liners. [2019 c.489 §4]
ORS 169.640 Status of facility for custody of misdemeanants and violators. (1) For purposes of sentencing and custody of a misdemeanant, a regional correctional facility shall be considered a county local correctional facility
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(2) For purposes of sentencing or custody of a person for violating a city ordinance, the regional correctional facility shall be considered a city local correctional facility. [1971 c.636 §4; 1973 c.740 §27]
ORS 169.650 Status of facility operated by Department of Corrections. A regional correctional facility operated under agreement by the Department of Corrections is not a state institution but it may be located in the same buildings as are used for a facility authorized by ORS 421.805. [1971 c.636 §7; 1987 c.320 §100]
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[Repealed or reserved.]
ORS 169.660 Status of persons confined in facility operated by Department of Corrections; assignment to regional facility. (1) Persons confined in a regional correctional facility operated by the Department of Corrections shall be considered to be in the custody of the department and shall be subject to such rules as the department may prescribe
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(2) Persons committed to the custody of the Department of Corrections may be assigned to Department of Corrections bedspace at a regional correctional facility when the department is a party to the operation of the facility. Prisoners so assigned are subject to such rules as the …
ORS 169.670 Transfer of persons to facility operated by Department of Corrections; costs; return; exception. Whenever the governing body of a county or city transfers a misdemeanant or violator or a person with pretrial or post-trial status to a regional correctional facility operated by the Department of Corrections, the county or city shall pay the cost of transportation to and from the facility and other expenses incidental thereto, including the expenses of law enforcement officers accompanying the misdemeanant, violator or person with pretrial or post-trial status. The Department of Corrections shall cause at the expense of the county or city, each misdemeanant, violator or person with pretrial or post-trial status transferred to its custody under ORS 169.660 to be returned upon request of the governing body of the county or city. However, such return is not required when the release is pursuant to work release or parole where other arrangements have been made for the placement of the misdemeanant, violator or person with pretrial or post-trial status. [1971 c.636 §6; 1987 c.320 §102]
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[Repealed or reserved.]
ORS 169.673 Conversion of state correctional institutions into regional correctional facilities. (1) The Department of Corrections shall negotiate with Marion County and Umatilla County, respectively, the conversion of Oregon State Correctional Institution and Eastern Oregon Correctional Institution into regional correctional facilities to house both state and county prisoners. The department shall include in the negotiations any other nearby counties desiring to participate in the operation of the regional correctional facility
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(2) If agreement is reached with Marion County, in the case of the Oregon State Correctional Institution, and with Umatilla County, in the case of Eastern Oregon Correctional Institution, the department shall proceed to operate those institutions, or either of them as to which ag…
ORS 169.677 Converted facilities to house felony or misdemeanant prisoners. If a Department of Corrections institution is made to operate as a regional correctional facility pursuant to agreement under ORS 169.673, the purposes of the institution shall include the imprisonment of either felony or misdemeanant prisoners, or both, of the parties to the agreement under which the facility is operated. [1985 c.708 §7; 1987 c.320 §104]
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[Repealed or reserved.]
ORS 169.680 [1971 c.636 §8; repealed by 1985 c.708 §9]
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PROVISION OF CORRECTIONAL FACILITY TELEPHONE SERVICES
ORS 169.681 Limit on telephone service provider fee or commission; quarterly report; rules. (1) An inmate telephone service provider may not provide a fee or commission to a local or regional correctional facility, city or county for the provision of inmate telephone services other than a fee of five cents per minute or less, or other amount authorized by the Public Utility Commission by rule, for completed interstate, intrastate or international calls
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(2) The per-minute rate limits described in ORS 169.683 apply to the fee described in subsection (1) of this section. (3) Any fee or commission received by a local or regional correctional facility, city or county under subsection (1) of this section must be deposited in the Inma…
ORS 169.683 Requirements for request for proposals; contents of contract; per-minute rate limits; rules. (1) A local or regional correctional facility, city or county that issues a request for proposals to procure inmate telephone services shall
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(a) Consider call quality as a primary consideration when evaluating proposals; and (b) Weight call quality at not less than 35 percent of the total weight that the correctional facility, city or county gives to all factors in the final evaluation of a proposal. (2) A contract be…
ORS 169.685 Inmate Welfare Fund Account. (1) A city or county that maintains a local or regional correctional facility shall establish an Inmate Welfare Fund Account, separate and distinct from the general fund of the city or county. All moneys in the account may be expended only for inmate welfare and may not be used for regular inmate meals, inmate clothing, inmate medical care, facility maintenance or staff salaries, staff clothing or staff equipment
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(2) As used in this section: (a) “Inmate welfare” means items or programs that enhance the lives of inmates, including but not limited to education programs, job training programs, drug and alcohol treatment programs, exercise equipment, televisions, cable subscriptions, electron…
ORS 169.690 Establishment of halfway houses and other facilities; advice of facility advisory subcommittee of local public safety coordinating council. (1)(a) Before the Department of Corrections, Department of Human Services, Oregon Health Authority, Oregon Youth Authority or any city, county or other public agency establishes a facility described in paragraph (b) of this subsection, the city, county, department, authority or agency shall fully inform the local public safety coordinating council convened under ORS 423.560 of the following
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(A) The proposed location, estimated population size and use of the facility; (B) The proposed number and qualifications of resident professional staff at the facility; (C) The proposed rules of conduct for residents of the facility; and (D) Other relevant information that the ci…
ORS 169.730 Definitions for ORS 169.740 to 169.760. As used in ORS 169.740 to 169.760
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(1) “Isolation” means confinement of a juvenile in any room which lacks toilet facilities, furniture, reading and recreation materials or access to light and air comparable to that in other rooms used for the detention of juveniles. (2) “Roomlock” means confinement of a juvenile …
ORS 169.740 Standards for juvenile detention facilities. (1) The standards established in ORS 169.076 to 169.078 apply to juveniles detained in juvenile detention facilities
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(2) In addition, juvenile detention facilities shall: (a) Provide for personal inspection of each juvenile at least once each hour unless a particular situation requires more frequent inspection; (b) Provide for personal or electronically monitored supervision on each floor where…
ORS 169.750 Restrictions on operation of juvenile detention facilities. A juvenile detention facility may not
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(1) Impose upon a detained juvenile for purposes of discipline or punishment any infliction of or threat of physical injury or pain, deliberate humiliation, physical restraint, withholding of meals, or isolation, or detention under conditions that violate the provisions of subsec…
ORS 169.760 Juvenile detention facilities to establish written policy. All juvenile detention facilities, within six months following November 1, 1981, shall have established comprehensive written policies providing for the least restrictive alternative consistent with the safety and security of the facility, ORS 169.076, 169.078, 169.740 and 169.750, with respect to
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(1) The admission and release of juveniles to and from the facility and proper notification of the juvenile’s parent, guardian or other person responsible for the juvenile; (2) The use of physical restraints, physical force, chemical agents, internal searches and isolation of or …
ORS 169.770 Release of detained juvenile when detention facility violates standards. Notwithstanding the procedures set out in ORS 169.080 and 419A.061, the juvenile court in which venue lies pursuant to 419B.100 or 419C.005 shall, upon motion of any party or on its own motion, and after prompt hearing, release any juvenile detained in a facility which violates ORS 169.076 (7) to (11) or (13) to (15), 169.740 or 169.750, unless the court finds that such violation is not likely to reoccur. The court may comply with the release provisions of this section by transferring a detained juvenile to an available juvenile detention facility which it finds complies with ORS 169.076 (7) to (11) or (13) to (15), 169.740 and 169.750, or by placing the juvenile in shelter care, or by releasing the juvenile to the custody of a responsible adult under terms and conditions specified by the court, or by releasing the juvenile on personal recognizance under terms and conditions specified by the court. The appeal of a final order under this section does not suspend the jurisdiction of the juvenile court while the appeal is pending. No subsequent order of the juvenile court shall moot the appeal. [1981 c.869 §4; 1985 c.499 §8; 1985 c.618 §11; 1993 c.33 §315; 2001 c.480 §12; 2019 c.489 §9]
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MISCELLANEOUS
ORS 169.800 Detention of juveniles before conviction and execution of sentence. Notwithstanding a waiver order under ORS 419C.349, 419C.352, 419C.364 or 419C.370, if a person under 16 years of age is detained prior to conviction or after conviction but prior to execution of sentence, such detention shall be in a facility used by the county for detention of juveniles. [1985 c.631 §3; 1993 c.33 §316; 1993 c.546 §120]
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[Repealed or reserved.]
ORS 169.810 Assumption of duties by regional correctional facility constitutes assumption by public employer; rights of transferred employees. (1) Assumption by the regional correctional facility of those custodial duties formerly performed by a county or city jail constitutes an assumption of duties by a public employer subject to ORS 236.610 to 236.640
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(2) An employee who transfers from employment at a county or city jail to employment at a regional correctional facility operated by the county or city by which the employee has been employed shall be accorded the following rights: (a) If a trial or probationary service period is…
ORS 169.850 As used in ORS 169.850 and 169.853 and sections 83, 84, 85 and 86, chapter 70, Oregon Laws 2024
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(1) “Commission” means the Oregon Criminal Justice Commission. (2) “Local correctional facility” has the meaning given that term in ORS 169.005 and also means any facility operated by a county supervisory authority, as defined in ORS 144.087, including facilities for providing co…
ORS 169.853 (1) The Oregon Jail-Based Medications for Opioid Use Disorder Grant Program is established in the Oregon Criminal Justice Commission to provide opioid use disorder treatment and transition planning services to persons in custody in local correctional facilities and tribal correctional facilities
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(2) The commission, in collaboration with the Oregon Health Authority, shall administer the grant program. At minimum, the commission and authority shall collaborate to provide grant recipients support with technical assistance and best practices.
ORS 169.856 (1) The Oregon Jail-Based Medications for Opioid Use Disorder Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Jail-Based Medications for Opioid Use Disorder Fund shall be credited to the fund. The fund consists of moneys appropriated or otherwise transferred to the fund by the Legislative Assembly
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(2) Moneys in the fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of carrying out ORS 169.850 and 169.853 and sections 83, 84, 85 and 86, chapter 70, Oregon Laws 2024. Note: Sections 83 to 86, chapter 70, Oregon Laws 2024, provide: Se…