Chapter 179 — Chapter 179

ORS 179.010 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 179.020 [Repealed by 1969 c.199 §59]

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ORS 179.030 [Amended by 1961 c.271 §1; repealed by 1969 c.199 §59]

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ORS 179.040 General powers and duties; rules. (1) The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall

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ORS 179.045 Reports on convictions; forms; confidentiality. (1) The clerk of a circuit or county court shall cause a report to be made to the Department of Corrections on each offender convicted of a felony or misdemeanor in the court and on each juvenile found to be within the jurisdiction of the court by reason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1)

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ORS 179.050 Authority to hold property. The Department of Corrections, the Department of Human Services and the Oregon Health Authority may receive, take and hold property, both real and personal, for any institution within their respective jurisdictions. Title shall be taken in the name of the state. [Amended by 1969 c.597 §21; 1971 c.615 §11; 1987 c.320 §109; 2001 c.900 §28; 2009 c.595 §120]

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ORS 179.055 Disposition of income from property; maintenance of property. (1) The revenue from the rental or lease of property administered by an institution governed or managed by the Department of Corrections, the Department of Human Services or the Oregon Health Authority, except dormitory and housing rentals at institutions governed by the agencies, shall be deposited in the account of the respective agency for use by the respective agency to pay for the cost of administration, taxes, repairs and improvements on the property

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ORS 179.060 [Repealed by 1969 c.597 §281]

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ORS 179.065 Furnishing utilities for institutions. The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall have the same powers with respect to furnishing heat, light, power, sewage, fire protection and communications facilities to institutions under their respective jurisdictions as is granted to the Oregon Department of Administrative Services under ORS 276.210 to 276.228, 276.234 to 276.244, 276.250 and 276.252. The powers shall be exercised in accordance with and subject to the provisions of such sections. [1969 c.597 §20; 1987 c.320 §111; 2001 c.900 §30; 2009 c.595 §122]

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ORS 179.070 [Repealed by 1969 c.199 §59]

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ORS 179.080 [Repealed by 1969 c.199 §59]

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ORS 179.090 [Amended by 1965 c.476 §9; 1967 c.2 §1; repealed by 1969 c.199 §59]

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ORS 179.100 [Repealed by 1969 c.199 §59]

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ORS 179.105 Acceptance of federal or other assistance to carry out general powers and duties; legislative oversight of expenditures. (1) For a purpose of ORS 179.040, including aid and support of research in any of the institutions, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may in their respective discretions accept from the United States or any of its agencies financial assistance and grants in the form of money or labor, or from any other source any donation or grant of land or gift of money or any other thing. Funds accepted in accordance with the provisions of this section and ORS 179.110 shall be deposited with the State Treasurer and, subject to subsection (2) of this section, are continuously appropriated to the Department of Corrections, the Department of Human Services or the Oregon Health Authority, as appropriate, and may be expended by the Department of Corrections, the Department of Human Services or the Oregon Health Authority according to the conditions and terms of the grant or donation

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ORS 179.110 Use of federal grants; cooperation with federal agencies; disposition of balances of appropriations. Subject to the approval of the Director of the Oregon Department of Administrative Services, the Department of Corrections, the Department of Human Services and the Oregon Health Authority, respectively, may accept and receive grants of funds from the United States or any of its agencies for the construction, equipment and betterment of any of the institutions under its jurisdiction and may cooperate with the United States or its agencies in such construction, equipment and betterment. Any balances of appropriations for capital outlay for any institution resulting from the use of funds so received shall be placed in a common fund. The Department of Corrections, the Department of Human Services and the Oregon Health Authority are authorized and empowered in their discretion to expend such common fund or any portion thereof in the construction, equipment or betterment of any institution under its jurisdiction. [Amended by 1961 c.651 §1; 1969 c.597 §24; 1987 c.320 §113; 2001 c.900 §32; 2009 c.595 §124]

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ORS 179.115 [1957 c.602 §2; repealed by 1969 c.199 §59]

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ORS 179.120 [Amended by 1961 c.651 §2; repealed by 1967 c.55 §2]

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ORS 179.122 [1959 c.290 §13; 1965 c.616 §87; renumbered 423.070]

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ORS 179.130 Institutional petty cash fund; creation; reimbursement from appropriation for institution. (1) The executive head of each institution may execute a claim voucher against the Institutional Betterment Fund to the credit of the institution, in favor of the executive head of the institution, in such amount as shall be approved by the Director of the Oregon Department of Administrative Services, for use by the institution as a revolving fund in paying the petty claims and incidental expenses arising in the proper conduct of the institution. The executive head may establish petty cash funds within the revolving fund by drawing checks upon the revolving fund payable to the custodians. Petty cash funds established to disburse funds to residents shall be kept separate from petty cash funds established to pay incidental expenses of the institution

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ORS 179.140 Auditing and paying claims; approval of vouchers. Subject to any applicable provision of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to 291.260, all claims for supplies or materials furnished or services rendered to institutions shall be audited and approved as provided by law, upon the presentation of duly verified vouchers therefor, approved in writing by the Director of the Department of Corrections, the Director of Human Services or the Director of the Oregon Health Authority, or by their designees. [Amended by 1971 c.63 §1; 1973 c.248 §1; 1987 c.320 §114; 2001 c.900 §33; 2003 c.794 §201; 2009 c.595 §125]

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ORS 179.150 Interest in contracts prohibited. No officer of the Department of Corrections, the Department of Human Services or the Oregon Health Authority or officer, employee or other person connected with an institution shall be pecuniarily interested in any contract for supplies or services furnished or rendered to an institution, other than the services of regular employment. [Amended by 1971 c.63 §2; 1987 c.320 §115; 2009 c.595 §126]

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ORS 179.160 [1955 c.242 §1; subsection (2) enacted as 1961 c.652 §2 (3); 1969 c.597 §25; 1971 c.615 §13; 1981 c.106 §11; repealed by 1983 c.599 §10]

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ORS 179.210 Claim for injury or damage; conditions. (1) The Department of Human Services, the Department of Corrections, the Oregon Health Authority and the Superintendent of Public Instruction may audit, allow and pay a claim for damage to property made by an employee of one of those agencies if

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ORS 179.220 [1965 c.476 §4; 1969 c.597 §30; repealed by 1995 c.452 §5]

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ORS 179.230 Rejection of claim final and not reviewable. The decision of the Department of Human Services, the Department of Corrections, the Oregon Health Authority or the Superintendent of Public Instruction to reject any claim filed under ORS 179.210 is final, and is not subject to review under ORS chapter 183, or by any other agency or court. The provisions of this section do not affect any other remedy that may be available to the claimant under law. [1965 c.476 §5; 1967 c.454 §90; 1969 c.597 §31; 1987 c.410 §6; 1995 c.452 §2; 2009 c.595 §128]

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ORS 179.240 Procedure where award due person owing debt to state. (1) If any person owes a debt to this state or a state agency, and the debt has been fixed by final judgment of a court of competent jurisdiction or is no longer subject to judicial review, the Department of Corrections, the Department of Human Services or the Oregon Health Authority shall deduct the amount of the debt from any award made to that person under ORS 179.210

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ORS 179.250 [1965 c.476 §7; 1969 c.597 §32; repealed by 1995 c.452 §5]

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ORS 179.310 “Superintendent” defined. When used in ORS 179.010 to 179.495, unless the context otherwise requires, “superintendents” means the executive heads of the institutions listed in ORS 179.321

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ORS 179.320 [Amended by 1955 c.651 §2; 1955 c.660 §25; 1959 c.588 §17; 1963 c.632 §5; repealed by 1965 c.616 §78 (179.321 enacted in lieu of 179.320)]

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ORS 179.321 Responsibility to supervise state institutions. (1) The Oregon Health Authority shall operate, control, manage and supervise the Oregon State Hospital campuses

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ORS 179.323 [1967 c.346 §§1,2; repealed by 1969 c.199 §59]

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ORS 179.325 Change in use of institution for persons with developmental disabilities or mental illness. (1) The Department of Human Services may order the change, in all or part, of the purpose and use of any state institution being used as an institution for the care and treatment of persons with developmental disabilities in order to care for persons committed to its custody whenever the department determines that a change in purpose and use will better enable this state to meet its responsibilities to persons with developmental disabilities. In determining whether to order the change, the department shall consider changes in the number and source of the admissions of persons with developmental disabilities

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ORS 179.330 [Amended by 1963 c.471 §1; repealed by 1965 c.616 §80 (179.331 enacted in lieu of 179.330)]

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ORS 179.331 Appointment, suspension and removal of superintendents. (1) The superintendents shall be appointed and, whenever the public service requires such action, may be removed, suspended or discharged, as follows

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ORS 179.340 Salaries and expenses of superintendents. (1) The annual salaries of the superintendents shall be fixed, within the respective appropriations therefor and the limitations otherwise fixed by law by their respective appointing authorities

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ORS 179.350 [Amended by 1969 c.597 §28; repealed by 1987 c.320 §246]

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ORS 179.360 Powers and duties of superintendents. (1) Each superintendent shall

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ORS 179.370 Residence of superintendents at institutions. The Director of the Department of Corrections or the Director of the Oregon Health Authority may require that a superintendent reside in state-provided housing at the institution under the jurisdiction of the superintendent. The rental shall be determined pursuant to ORS 182.425. [Amended by 1959 c.80 §1; 1969 c.597 §35; 1977 c.583 §1; 1987 c.320 §120a; 1989 c.171 §21; 2009 c.595 §134; 2013 c.36 §42]

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ORS 179.375 Chaplaincy services. (1) The Department of Corrections and the Oregon Health Authority shall ensure that adequate chaplaincy services, including but not limited to Protestant and Roman Catholic, are available at their respective institutions

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ORS 179.380 Employment of staff; oaths and bonds. (1) The Department of Corrections and the Oregon Health Authority shall authorize the employment of all necessary physicians, attendants, nurses, engineers, messengers, clerks, guards, cooks, waiters and other officers and employees not specifically authorized by law and necessary to the successful maintenance of their respective institutions. The amounts expended for the services of such officers and employees shall not exceed the amounts provided therefor in the biennial appropriations for the institution

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ORS 179.385 Scholarship programs to train personnel for institutions; rules. The Department of Corrections and the Oregon Health Authority, respectively, may establish scholarship programs to provide assistance in securing qualified personnel at state institutions governed by them. Scholarships authorized by this section shall be granted in accordance with rules and regulations adopted respectively by the agencies. [1961 c.363 §2; 1987 c.320 §123; 2001 c.900 §38; 2009 c.595 §137; 2013 c.36 §45]

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ORS 179.390 Appointment, suspension, removal and salaries of assistants, officers and employees; contract services. (1) The superintendent of an institution within the jurisdiction of the Department of Corrections shall, subject to the approval of the Director of the Department of Corrections, appoint in the manner provided by law all assistants, officers and other employees at the institution under the jurisdiction of the superintendent. The superintendent may suspend or remove an assistant, officer or other employee in the manner provided by law, reporting all acts of suspension or removal to the Director of the Department of Corrections for approval or disapproval

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ORS 179.400 Rentals to officers and employees at institution. The superintendent of an institution may rent state-provided housing located at the institution under the jurisdiction of the superintendent to state officers and employees or others. The rental shall be determined pursuant to ORS 182.425. [Amended by 1977 c.583 §2]

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ORS 179.405 License required for teachers at institution. A Department of Corrections institution or a youth correction facility as defined in ORS 420.005 may not employ persons regularly as teachers who are not licensed. [Formerly 342.174; 2001 c.295 §16; 2013 c.36 §47]

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ORS 179.410 [Repealed by 1969 c.597 §281]

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ORS 179.420 [Repealed by 1969 c.597 §281]

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ORS 179.430 [Repealed by 1969 c.597 §281]

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ORS 179.440 Work in production of articles and performance of labor for state. In order to minimize the cost of maintaining the institutions, all wards of the state who are capable of a reasonable amount of work without physical or mental injury to themselves shall be used as fully as possible in the production and manufacture of articles for the use of the state and in the performance of labor for the state

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ORS 179.450 Work on state-owned land. The Department of Corrections and the Oregon Health Authority may direct the employment of able-bodied persons at the agencies’ respective institutions, in the performance of useful work upon land owned by the state if it does not compete with free labor. Work may not be performed upon any such land except by consent and approval of the agency of the state having management of the land. [Amended by 1955 c.660 §26; 1965 c.616 §86; 1987 c.320 §124; 2007 c.70 §42; 2009 c.595 §139; 2013 c.36 §48]

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ORS 179.460 Sale and exchange of surplus products of institutions; rules; State Institutional Betterment Fund. (1) In order to encourage industry and thereby increase productiveness in the institutions, the Department of Corrections and the Oregon Health Authority shall prescribe rules and regulations for the sale and exchange of surplus products of each

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