Chapter 421 — Chapter 421

ORS 421.325 [Amended by 1959 c.687 §19; 1983 c.574 §4; 1987 c.320 §193; 1995 c.384 §13; repealed by 1999 c.955 §28]

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ORS 421.330 [Amended by 1965 c.616 §62; repealed by 1981 c.380 §4]

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ORS 421.335 [Amended by 1965 c.616 §63; 1969 c.349 §5; repealed by 1981 c.380 §4]

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ORS 421.340 [Amended by 1965 c.616 §64; 1987 c.320 §194; 1999 c.955 §17; repealed by 2015 c.342 §1]

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ORS 421.343 [1989 c.82 §1; repealed by 1999 c.955 §28]

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ORS 421.344 Creation of Oregon Corrections Enterprises as semi-independent agency; administrator. There is established Oregon Corrections Enterprises, a semi-independent agency. The Director of the Department of Corrections shall assign or appoint an administrator who shall serve at the pleasure of the director. The administrator shall have authority to do all things necessary and convenient to carry out ORS 192.355, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. [1999 c.955 §3]

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ORS 421.345 [Amended by 1955 c.445 §1; repealed by 1965 c.616 §101]

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ORS 421.347 Advisory council; membership; duties. (1) The administrator of Oregon Corrections Enterprises shall establish, by the issuance of a policy directive or order, an advisory council consisting of not fewer than three members to provide policy input concerning Oregon Corrections Enterprises operations and its discharge of the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. The council shall select one of its members as chairperson. The council shall meet not less frequently than semiannually at the offices of Oregon Corrections Enterprises. The council shall meet at such other times and places specified by the administrator. All members shall be entitled to expenses as provided in ORS 292.495

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ORS 421.349 Advisory committee; duties. In addition to the advisory council required by ORS 421.347, the administrator may establish, by the issuance of a policy directive or order, one or more advisory committees, bodies or advisors to advise and assist Oregon Corrections Enterprises in discharging its functions and duties as prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. The administrator may authorize the payment of expenses, as provided in ORS 292.495, to the members of any advisory committee or body established under this section. [1999 c.955 §5]

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ORS 421.350 [Amended by 1965 c.616 §65; repealed by 1981 c.380 §4]

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ORS 421.352 Applicability of certain statutes to Oregon Corrections Enterprises. (1) The provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292 and 293 and ORS 35.550 to 35.575, 183.710 to 183.730, 183.745, 183.750, 184.345, 190.430, 190.490, 200.035, 236.605 to 236.640, 243.303, 243.305, 243.315, 243.696, 243.853 to 243.855, 279.835 to 279.855, 282.010 to 282.150, 283.085 to 283.092 and 656.017 (2) do not apply to Oregon Corrections Enterprises

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ORS 421.354 Authority of Oregon Corrections Enterprises. (1) Oregon Corrections Enterprises may engage eligible adults in custody in state corrections institutions in work or on-the-job training. This authority is subject to the authority granted the Director of the Department of Corrections by section 41, Article I of the Oregon Constitution, and to any rules or orders issued by the director regarding care, custody and control of adults in custody. Oregon Corrections Enterprises shall ensure that all adult in custody work and on-the-job training programs are cost-effective and designed to develop motivation, work capabilities, cooperation and successful transition into the community

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ORS 421.355 [Amended by 1965 c.616 §66; repealed by 1981 c.380 §4]

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ORS 421.357 Limitation on amount agency may charge Oregon Corrections Enterprises; costs of audits. (1) A state agency shall not charge Oregon Corrections Enterprises for services or products provided by the agency in an amount that exceeds the amount the agency charges other state agencies for the same services or products

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ORS 421.359 Disposition of income and revenues. All income and revenues generated or received by Oregon Corrections Enterprises shall remain within, and are continuously appropriated to, Oregon Corrections Enterprises for the purposes of discharging the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. There shall be no commingling of funds between Oregon Corrections Enterprises and the Department of Corrections. [1999 c.955 §9]

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ORS 421.360 [Repealed by 1981 c.380 §4]

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ORS 421.362 Continuation of employment of certain Department of Corrections employees; alternative retirement programs. (1) All persons employed by the Department of Corrections in inmate work programs on December 2, 1999, shall be offered continuation of their employment with Oregon Corrections Enterprises. Those employees who continue employment with Oregon Corrections Enterprises shall retain their Public Employees Retirement System status granted prior to December 2, 1999. The terms and conditions of the continued employment shall be determined by the administrator. The terms and conditions of employment for Oregon Corrections Enterprises employees who may become represented for collective bargaining in the appropriate bargaining unit shall be determined in accordance with ORS 243.650 to 243.809, except for ORS 243.696. For purposes of collective bargaining, the appropriate bargaining unit shall be a separate unit composed exclusively of Oregon Corrections Enterprises employees

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ORS 421.364 Provision of legal services to Oregon Corrections Enterprises. Notwithstanding any other provision of law, the Attorney General, at the request of Oregon Corrections Enterprises, shall identify one or more assistant attorneys general to provide legal services related to the adult in custody work programs of Oregon Corrections Enterprises. At least one assistant attorney general shall have an office located at the main office of Oregon Corrections Enterprises as a primary office location. [1999 c.955 §14; 2019 c.213 §83]

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ORS 421.365 [Repealed by 1981 c.380 §4]

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ORS 421.367 Report to Governor and Legislative Assembly. (1) Oregon Corrections Enterprises shall report annually to the Governor and the Legislative Assembly regarding Oregon Corrections Enterprises activities and operations for the preceding year

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ORS 421.400 [1989 c.855 §1; repealed by 1997 c.851 §17]

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ORS 421.405 Use of labor of adults in custody for benefit of officials prohibited; exceptions. (1) Except as provided in subsection (2) of this section, no officer or employee of this state shall receive the use or profit of the labor or services of any adult in custody of a Department of Corrections institution, or be directly or indirectly interested in any contract or work upon which adults in custody are employed. However, this subsection does not prohibit adults in custody from doing work or services

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ORS 421.408 [Formerly 421.140; 1965 c.616 §68; 1969 c.502 §22; 1969 c.570 §1; 1987 c.320 §196; repealed by 1995 c.384 §28]

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ORS 421.410 [Amended by 1957 c.343 §1; 1961 c.213 §2; 1965 c.463 §20; 1965 c.616 §69; 1979 c.68 §2; 1981 c.380 §2; 1983 c.574 §3; 1987 c.320 §197; repealed by 1999 c.955 §28]

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ORS 421.412 Use of labor of adults in custody in acquisition of crops to be consumed in state institutions. (1) Notwithstanding any other provision of law, the Department of Corrections or Oregon Corrections Enterprises may enter into a contract with a person for the purchase or donation of fruit, vegetables or other crops for use or consumption in state institutions. The contract may provide that any or all labor required inside or outside of the Department of Corrections institutions to harvest, load and transport the fruit, vegetables or other crop shall be performed by adults in custody confined in such institutions. The department or Oregon Corrections Enterprises may enter into a contract pursuant to this section only if it appears to the department or Oregon Corrections Enterprises that the contract would be advantageous

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ORS 421.415 [Amended by 1959 c.687 §22; repealed by 1965 c.616 §101]

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ORS 421.420 Use of labor of adults in custody to clear unimproved land. The Department of Corrections may enter into a contract with any person whom it considers advisable in connection with a Department of Corrections institution for employment of adults in custody therein in clearing unimproved land in the state. [Amended by 1959 c.687 §23; 1965 c.616 §71; 1987 c.320 §199; 2019 c.213 §86]

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ORS 421.423 Use of labor of adults in custody for electrical or plumbing work. Notwithstanding any other law, an adult in the custody of the Department of Corrections may not perform electrical or plumbing work unless under the direct supervision of a licensed electrician or plumber who is a regular status employee of the department or of Oregon Corrections Enterprises. An adult in custody may perform electrical or plumbing work only at a facility owned, leased or operated by the department. [2013 c.328 §2; 2017 c.41 §1; 2019 c.213 §87]

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ORS 421.425 [Renumbered 421.620]

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ORS 421.430 [Repealed by 1959 c.687 §24]

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ORS 421.431 [1995 c.384 §1; repealed by 1997 c.851 §17]

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ORS 421.434 [1995 c.384 §2; repealed by 1999 c.955 §28]

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ORS 421.435 [Repealed by 1959 c.687 §24]

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ORS 421.436 [1995 c.384 §14; repealed by 1997 c.851 §17]

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ORS 421.437 Compensation of adults in custody; rules. (1) Adults in custody who participate in programs operated by the Department of Corrections or Oregon Corrections Enterprises shall be permitted to retain a portion of compensation earned, if any, for their personal use as determined and established by the Director of the Department of Corrections by rule. The director shall ensure that the rules adopted under this section are designed to

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ORS 421.438 Authority to enter into contracts concerning certain operations and programs. (1) The Department of Corrections may enter into contracts for the purchase or other acquisition, transfer or disposition of supplies, materials, equipment, products and other personal property, and services for the following prison operations and programs

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ORS 421.440 [1995 c.384 §25; repealed by 1999 c.955 §28]

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ORS 421.442 Creation of accounts and subaccounts relating to prison work and on-the-job training programs. (1) The Department of Corrections may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, including accounts and subaccounts for the deposit of income generated from prison work programs. Accounts and subaccounts created under this subsection shall be maintained separate and distinct from the General Fund. Moneys credited to the accounts and subaccounts are continuously appropriated to the department for the purpose of implementing, maintaining and developing prison work programs. Moneys in the department accounts or subaccounts may be transferred to the adult in custody injury component of the Insurance Fund for the payment of expenses therefrom authorized by law. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount

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ORS 421.444 Intellectual property; acquisition and development. (1) The Department of Corrections and Oregon Corrections Enterprises each may acquire or develop intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, trademarks, inventions, discoveries, processes and ideas

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ORS 421.445 Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program; agreements. (1) Notwithstanding any other law, adults in custody participating in a program operated by the Department of Corrections or Oregon Corrections Enterprises may be supervised by an employee or agent of a local, state or federal governmental agency pursuant to an agreement between the agency and the department or the agency and Oregon Corrections Enterprises. An agreement entered into under this section must require that the person exercising custodial supervision over adults in custody receive security training approved and provided by the department

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ORS 421.450 Definitions for ORS 421.455 to 421.480. As used in ORS 421.455 to 421.480, unless the context requires otherwise

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ORS 421.455 Forest work camps; restrictions on placement at camps. (1) The Director of the Department of Corrections shall establish at places in state forests recommended by the State Board of Forestry one or more forest work camps at which state adults in custody and local adults in custody may be employed. Only such state adults in custody as are determined by the Department of Corrections to require minimum security may be placed at a forest work camp, but the Department of Corrections may not place an adult in custody at a forest work camp if the department is aware that the adult in custody has ever been convicted of

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ORS 421.460 [Amended by 1961 c.656 §2; repealed by 1965 c.616 §101]

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ORS 421.465 Transfer of state adults in custody to forest work camp; limitations and conditions. (1) Upon the requisition of the State Forester, the superintendent shall send at the time and to the place designated as many state adults in custody requisitioned from the institution under the supervision of the superintendent as have been determined under rules adopted by the Director of the Department of Corrections to be eligible for employment at a forest work camp and as are available

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ORS 421.467 Transfer of local adults in custody to forest work camp; limitations and conditions. (1) Subject to ORS 421.468, the governing body of a county or city in this state may transfer a local adult in custody to the temporary custody of the Department of Corrections solely for employment at a forest work camp established under ORS 421.455 to 421.480. The county or city transferring the local adult in custody shall pay the cost of transportation and other expenses incidental to the conveyance to the forest work camp of the adult in custody and the return of the local adult in custody to the county or city, including the expenses of law enforcement officers accompanying the local adult in custody, and is responsible for costs of any medical treatment of the local adult in custody while the local adult in custody is employed at the forest work camp not compensated under ORS 655.505 to 655.555

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ORS 421.468 Prior approval required for transfer of local adult in custody; return; custody and jurisdiction. (1) A local adult in custody may not be transferred under ORS 421.467 without the prior approval of the Director of the Department of Corrections. The director shall return each local adult in custody to the county or city from which the local adult in custody was transferred at such time as the local adult in custody is to be released by the county or city, or upon request of the governing body of the county or city

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ORS 421.470 Authority over adults in custody in camps; cost of care. (1) The Director of the Department of Corrections has authority over the forest work camps except as provided in subsection (2) of this section

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ORS 421.475 [Amended by 1955 c.433 §1; 1961 c.656 §5; 1965 c.616 §74; 1967 c.504 §8; 1969 c.570 §2; 1987 c.320 §206; 1995 c.384 §16; repealed by 1997 c.851 §6 (421.476 enacted in lieu of 421.475)]

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ORS 421.476 Compensation of adults in custody for labor at forest camps; rules. The Director of the Department of Corrections shall determine and establish compensation, if any, to be paid to adults in custody assigned to work in forest work camps. The director shall adopt rules providing for the disposition of any compensation earned under this section. [1997 c.851 §7 (enacted in lieu of 421.475); 2019 c.213 §140]

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ORS 421.480 Return of adult in custody to institution. When the need for the labor of a state adult in custody or local adult in custody transferred to a forest work camp has ceased or when the adult in custody is guilty of any violation of the rules of the Director of the Department of Corrections, the director may return the adult in custody to the institution, county or city from which the adult in custody was transferred. [Amended by 1961 c.656 §6; 1967 c.504 §9; 1987 c.320 §207; 2019 c.213 §96]

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