Chapter 421 — Chapter 421
196 sections in this chapter.
ORS 421.005 Definitions. As used in this chapter, unless the context requires otherwise
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(1) “Department” means the Department of Corrections. (2) “Department of Corrections institutions” means those Department of Corrections facilities used for the incarceration of persons sentenced to the custody of the Department of Corrections, and includes the satellites, camps …
ORS 421.010 [Renumbered 421.605]
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[Repealed or reserved.]
ORS 421.012 [Formerly 421.086; repealed by 1969 c.502 §27]
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[Repealed or reserved.]
ORS 421.015 [Amended by 1953 c.476 §5; repealed by 1965 c.616 §48 (421.016 enacted in lieu of 421.015)]
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[Repealed or reserved.]
ORS 421.016 [1965 c.616 §49 (enacted in lieu of 421.015); 1969 c.502 §1; 1971 c.212 §2; repealed by 1987 c.320 §246]
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[Repealed or reserved.]
ORS 421.020 [Amended by 1953 c.476 §5; repealed by 1965 c.616 §101]
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[Repealed or reserved.]
ORS 421.025 [Amended by 1953 c.476 §5; repealed by 1959 c.80 §2]
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[Repealed or reserved.]
ORS 421.030 [Renumbered 421.615]
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[Repealed or reserved.]
ORS 421.035 [Amended by 1955 c.660 §28; repealed by 1963 c.554 §3]
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[Repealed or reserved.]
ORS 421.055 [Amended by 1965 c.616 §50; 1987 c.320 §160; repealed by 1997 c.851 §17]
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[Repealed or reserved.]
ORS 421.060 [Amended by 1959 c.687 §7; repealed by 1995 c.384 §28]
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[Repealed or reserved.]
ORS 421.065 [Amended by 1959 c.687 §8; 1965 c.616 §51; 1975 c.631 §2; 1987 c.320 §161; 1993 c.18 §106; repealed by 1995 c.384 §28]
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ADMINISTRATION
ORS 421.068 Use of revenue from certain sources. (1) Revenues, less operating expenses, from the following sources shall be deposited into an account established by the Department of Corrections
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(a) Operation of correctional institution canteens; (b) Operation of the vending machines in the visiting area of correctional institutions; (c) Operation of telephones for adults in custody in correctional institutions; (d) Funds confiscated from the adults in custody under exis…
ORS 421.069 Report to legislature following audit of women’s correctional facility. After auditing a correctional facility for women and preparing a final audit report as prescribed by the Prison Rape Elimination Act of 2003, (P.L. 108-79, 117 Stat. 972, 34 U.S.C. 30301 to 30309) and related regulations, the Department of Corrections shall provide the final audit report to the committees or interim committees of the Legislative Assembly related to the judiciary no later than the following February 1. [2019 c.323 §1]
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Note: 421.069 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 421.070 [Amended by 1959 c.687 §9; repealed by 1965 c.616 §101]
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[Repealed or reserved.]
ORS 421.073 Housing of Adults in Custody from Other Jurisdictions Account. The Housing of Adults in Custody from Other Jurisdictions Account is created within the General Fund. Moneys credited to the account are continuously appropriated to the Department of Corrections for costs of incarceration. The Department of Corrections shall deposit all moneys received by the department as reimbursement under ORS 169.053 (3) into the account. [1996 c.1 §2; 2019 c.213 §131]
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Note: 421.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 421.074 Online access to educational and development programs; rules. (1) No later than September 1, 2023, the Department of Corrections shall ensure that adults in custody in the Coffee Creek Correctional Facility and the Snake River Correctional Institution have online access to
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(a) The adult basic skills development program described in ORS 421.084; (b) The professional and technical program described in ORS 421.081; and (c) Education programs that provide college credit, a college degree, a college certification, an industry-recognized certification or…
ORS 421.075 [Amended by 1955 c.389 §1; 1959 c.687 §10; 1965 c.616 §52; 1969 c.597 §132; repealed by 1983 c.574 §5]
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[Repealed or reserved.]
ORS 421.076 Telephone service provider contracts. (1) The Department of Corrections may enter into a contract with an inmate telephone services provider in which the provider provides inmate telephone services or other inmate communications systems at the provider’s cost and reimburses the department
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(a) For the department’s internal and external costs to oversee and manage the inmate telephone services or communications system; and (b) To pay third party providers. (2) The department may not enter into a contract with an inmate telephone services provider that authorizes the…
ORS 421.077 [1975 c.443 §1; repealed by 1979 c.204 §1]
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[Repealed or reserved.]
ORS 421.079 Correctional education system interagency memorandum. (1) The Department of Corrections and the Higher Education Coordinating Commission shall enter into a memorandum of understanding regarding the correctional education system
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(2) A memorandum of understanding entered into under this section shall contain, but is not limited to, provisions relating to: (a) Sharing data between agencies; (b) Providing clarity regarding the education programs that provide college credit, a college degree, a college certi…
ORS 421.080 [1955 c.660 §1; renumbered 421.705]
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[Repealed or reserved.]
ORS 421.081 Correctional education system. (1) The Administrator of Correctional Education shall plan, design and implement a correctional education system that can be operated within the existing correctional institutions for adults in custody of those institutions
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(2)(a) The primary objective of the correctional education system is the adult basic skills development program described in ORS 421.084. (b) The secondary objective is to provide professional and technical education that will ensure that adults in custody who complete the profes…
ORS 421.082 [1975 c.443 §2; 1987 c.320 §162; 1989 c.363 §1; repealed by 1991 c.855 §6]
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[Repealed or reserved.]
ORS 421.083 [1955 c.660 §2; renumbered 421.710]
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[Repealed or reserved.]
ORS 421.084 Adult basic skills development program; contents. (1) The Administrator of Correctional Education shall administer an adult basic skills development program for all individuals in the custody of the Department of Corrections. The program shall
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(a) Test individuals for basic reading and mathematics skills or, for individuals with limited English language proficiency, English speaking skills. Testing for basic intelligence, learning disabilities, developmental disabilities and adaptive behavior skills shall be administer…
ORS 421.085 Experimentation on adults in custody prohibited; right to judicial restraint of violation; action for damages. (1) As used in this section
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(a) “Medical experimentation or research” includes, but is not limited to, the testing and use of drugs and medication, medical and surgical procedures, exposure to substances or conditions or physical manipulation to ascertain their nontherapeutic effect on human beings, and any…
ORS 421.086 [1955 c.660 §11; renumbered 421.012]
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[Repealed or reserved.]
ORS 421.095 [1973 c.210 §2; 1987 c.320 §164; repealed by 1997 c.851 §17]
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CUSTODY GENERALLY
ORS 421.105 Enforcement of rules; violence and injury to adults in custody prohibited. (1) The superintendent may enforce obedience to the rules for the government of the adults in custody in the institution under the supervision of the superintendent by appropriate punishment but neither the superintendent nor any other prison official or employee may strike or inflict physical violence except in self-defense, or inflict any cruel or unusual punishment
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(2) The person of an adult in custody sentenced to imprisonment in the Department of Corrections institution is under the protection of the law and the adult in custody shall not be injured except as authorized by law. [Amended by 1953 c.476 §5; 1969 c.502 §9; 1987 c.158 §75; 198…
ORS 421.107 Use of dog for cell extraction prohibited. (1) As used in this section
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(a) “Adjudicated youth” has the meaning given that term in ORS 419A.004. (b) “Correctional facility”: (A) Means any place used for the confinement of adjudicated youths, detained juveniles, persons charged with or convicted of a crime or persons otherwise confined under a court o…
ORS 421.110 [Amended by 1955 c.532 §1; subsection (3) of 1959 Replacement Part enacted as 1955 c.485 §2; 1961 c.412 §2; renumbered 137.240]
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[Repealed or reserved.]
ORS 421.112 [1955 c.660 §10; 1961 c.412 §3; renumbered 137.250]
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[Repealed or reserved.]
ORS 421.113 Provision of immunization against influenza virus. Each year, in accordance with medically accepted standards for timing and administration of immunization against the influenza virus
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(1) The Department of Corrections shall offer each inmate in the physical custody of the department immunization against the influenza virus at no charge to the inmate. (2) The department shall schedule, for each inmate who does not decline the immunization in writing, an appoint…
ORS 421.115 [Repealed by 1955 c.532 §3]
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[Repealed or reserved.]
ORS 421.120 Reduction in term of sentence; rules. (1) As used in this section, “prison employment” includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp
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(2) Each adult in custody confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any term other than life, and whose record of conduct shows that the adult in custody faithfully has observed the rules of the institu…
ORS 421.121 Reduction in term of incarceration; rules. (1) Except as provided in ORS 137.635, 137.700, 137.707, 163.105, 163.107 and 163.115, each adult in custody sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for
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(a) Appropriate institutional behavior, as defined by rule of the Department of Corrections; and (b) Participation in the adult basic skills development program described in ORS 421.084. (2) The maximum amount of time credits earned for appropriate institutional behavior or for p…
ORS 421.122 Status of time enrolled in work release. For purposes of ORS 421.120, the time that a person is enrolled in good standing in the work release program is considered to be part of the sentence of the person actually served in the Department of Corrections institution. Employment performed by an enrollee while so enrolled is considered to be prison employment and shall qualify for the reduction in sentence authorized under ORS 421.120 (2)(d) in addition to any other reduction for which the enrollee may qualify. [1965 c.463 §15; 1969 c.361 §1; 1987 c.320 §167; 2003 c.14 §232]
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[Repealed or reserved.]
ORS 421.125 Clothing, money and documents upon release; moneys for release; rules; fees. (1) Upon the discharge or parole of an adult in custody from the Department of Corrections, the department shall
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(a) Ensure that the discharged or paroled adult in custody is properly clothed; and (b) Provide the discharged or paroled adult in custody with the following documents: (A) Verification of work history while in the custody of the department. (B) Certification of any educational p…
ORS 421.130 [Repealed by 1959 c.687 §24]
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[Repealed or reserved.]
ORS 421.132 Department fees for service of process and other documents; rules. (1) The Department of Corrections may charge and collect fees for serving process and other documents on adults in custody of Department of Corrections institutions as defined in ORS 421.005 and officials and employees of the department
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(2) Before charging fees pursuant to subsection (1) of this section, the department shall adopt rules establishing a fee schedule. Fees charged by the department may not exceed fees collected by sheriffs for service of process in civil actions, suits and proceedings pursuant to O…
ORS 421.135 [Renumbered 421.625]
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[Repealed or reserved.]
ORS 421.137 Labeling of goods made in hobby and recreation programs; disposition of sale price. (1) The requirements imposed by this chapter on the labeling and sale of goods, wares and merchandise made by adults in custody in any Department of Corrections institution do not apply to any goods, wares or merchandise made as part of any hobby or recreation program at the institutions or made by an adult in custody on the adult’s own time
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(2) The balance of any proceeds from the sale of any goods, wares or merchandise made by an adult in custody made as part of a hobby or recreation program or on the adult’s own time, after deducting any amount that has been distributed to the adult in custody as spending money in…
ORS 421.140 [Renumbered 421.408]
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[Repealed or reserved.]
ORS 421.142 Manufacture and sale of handiwork; disposition of sale price. (1) The Department of Corrections may establish a program to allow the manufacture of small articles of handiwork by the adults in custody in Department of Corrections institutions, out of raw materials purchased by the adults in custody with their own funds, which articles may be sold to the public. State-owned property may not be sold or given to adults in custody under this section
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(2) The department may provide that all or a part of the sales price of the articles be deposited to the account of the adults in custody manufacturing the article. [1953 c.537 §1; 1969 c.502 §12; 1987 c.320 §170; 2017 c.195 §1; 2019 c.213 §70]
ORS 421.145 Disposition of moneys obtained from sale of products of labor of adult in custody. Moneys obtained from the sale of the products of any labor of an adult in custody may not be applied toward the maintenance of the adult in custody or the support of the dependents of the adult in custody, or shall become a part of the betterment fund of the Department of Corrections institution, until all the cost of operation, maintenance, depreciation and other expenses in connection with the plant of the Department of Corrections institution industry in which the adult in custody is employed are fully paid from the fund arising from the sale of such products. [Amended by 1959 c.687 §11; 1987 c.320 §171; 2019 c.213 §71]
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[Repealed or reserved.]
ORS 421.147 Disposition of unclaimed or abandoned tangible property of adults in custody; rules. Notwithstanding ORS 98.302 to 98.436, the Department of Corrections shall determine and direct the disposition of the unclaimed or abandoned tangible property of an adult in custody in a Department of Corrections institution held by the department. The department shall adopt rules to carry out the duties imposed by this section. [2005 c.184 §2; 2019 c.213 §72]
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[Repealed or reserved.]
ORS 421.150 Custody of federal prisoners. Whenever the proper authorities of the United States desire that United States prisoners be imprisoned in a Department of Corrections institution, the Department of Corrections may make arrangements for the custody of the prisoners upon terms that will be just to both this state and the United States. [Formerly 421.230; 1987 c.320 §172]
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[Repealed or reserved.]
ORS 421.155 Dangerous offenders to be observed and treated. Any person sentenced under ORS 161.725 and 161.735, shall be given such physical, mental and psychiatric observation and treatment as is available and may tend to rehabilitate such person and make possible the earliest possible release from the Department of Corrections institution in which such person is confined, with the least possible danger to the health and safety of others. [Formerly 421.232; 1971 c.743 §364; 1987 c.320 §173]
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[Repealed or reserved.]
ORS 421.160 Written report concerning conduct of dangerous offenders. The executive officer of the Department of Corrections institution in which a person sentenced under ORS 161.725 and 161.735 is confined, shall make the reports required by ORS 144.228 (2). All such reports shall be made available to the Director of the Department of Corrections. [Formerly 421.233; 1969 c.597 §133; 1971 c.743 §365; 1987 c.320 §174]
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[Repealed or reserved.]