Chapter 421 — Chapter 421
196 sections in this chapter.
ORS 421.490 Work camps. In addition to camps established under ORS 421.455 to 421.480 the Department of Corrections may execute agreements for the establishment and operation of work camps for adults in custody in minimum custody of Department of Corrections institutions in cooperation with all public agencies. [1963 c.157 §2; 1987 c.320 §208; 2019 c.213 §141]
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ALTERNATIVE INCARCERATION PROGRAM
ORS 421.500 Findings. The Legislative Assembly finds that
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(1) Substance use disorders negatively impact adults in custody at a significantly greater frequency than nonincarcerated individuals in the community. (2) Substance use disorders should be considered chronic illnesses for which effective treatment is available. (3) Diverting sen…
ORS 421.502 Definitions for ORS 421.502 to 421.512. As used in ORS 421.502 to 421.512
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(1) “Cognitive restructuring” means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals. (2) “Department” means the Department of Corrections. (3) “Program” m…
ORS 421.504 Structured special alternative incarceration program; requirements. (1) The Department of Corrections, in consultation with the Oregon Criminal Justice Commission, shall establish a structured special alternative incarceration program. The program
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(a) Shall reflect evidence-based practices; (b) Shall provide for cognitive restructuring in conformance with generally accepted rehabilitative standards; (c) May include a drug and alcohol treatment component that meets the standards promulgated by the Oregon Health Authority pu…
ORS 421.506 Intensive alternative incarceration addiction program; requirements. The Department of Corrections shall establish an intensive alternative incarceration addiction program. The program shall
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(1) Address addiction as a chronic disease, recognizing that participants have individualized needs and different recovery progressions; (2) Require compliance with program rules; (3) Include a range of professional treatment services, recovery activities, engagement with peer me…
ORS 421.507 Suspension or termination of program; report to legislature. (1) The Department of Corrections may not suspend or terminate an alternative incarceration program in its entirety for more than five consecutive days unless the department has considered all other alternative actions, including modification of the program or the delivery of the program by correspondence or other remote means, and determined that continuing to deliver the program is not feasible
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(2) If the department suspends or terminates an alternative incarceration program as described in subsection (1) of this section, the department shall, within 30 days of the action, report to the committees of the Legislative Assembly related to the judiciary information describi…
ORS 421.508 Determination of eligibility for program; denial; suspension or removal; completion. (1)(a) The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, a program. However, the department may not release an offender under subsection (4) of this section unless authorized to do so as provided in ORS 137.751
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(b) The department may not accept an offender into a program unless the offender consents in writing and signs a program participation agreement, prepared by the department, containing a statement providing that the offender has reviewed the program description provided by the de…
ORS 421.509 Provision of information to program participants. (1) The Department of Corrections shall establish a process for providing regular updates and explanations, in writing, to adults in custody participating in an alternative incarceration program about changes to or decisions concerning the program, and any effect on release dates
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(2) The department shall establish a process to ensure that alternative incarceration program counselors adequately communicate with adults in custody who are participating in the program, including providing accurate information about the alternative incarceration program and ch…
ORS 421.510 Eligibility for nonprison leave; rules. (1) The Department of Corrections may consider an offender for nonprison leave under this section if the court has entered the order described in ORS 137.751
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(2) Nonprison leave shall provide offenders with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the offenders’ discharge to post-prison supervision. (3) An offender may submit a nonprison leave pla…
ORS 421.512 Rulemaking. (1) The Department of Corrections shall adopt rules to carry out the provisions of ORS 421.504, 421.506, 421.507, 421.508 and 421.509
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(2) The Oregon Criminal Justice Commission shall adopt or amend rules as necessary to integrate the programs into sentencing guidelines. [1993 c.681 §5; 2003 c.464 §6; 2021 c.501 §7] Note: See note under 421.500. FAMILY SENTENCING ALTERNATIVE PROGRAM
ORS 421.520 Family Sentencing Alternative Program; rules. (1) The Department of Corrections, in partnership with the circuit court and community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Program
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(2) A defendant is eligible for the Family Sentencing Alternative Program if: (a) The defendant’s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Correc…
ORS 421.590 Medical treatment programs; sex offenders; establishment; rules. (1) For the purposes of this section
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(a) “Medical treatment program” means a treatment program based on a successful medical model that has been proven to reduce recidivism and that is within the range of treatments generally recognized as acceptable within the medical community, including: (A) Treatment by prescrib…
ORS 421.605 Location and use of penitentiary. The Oregon State Penitentiary, located in Salem, Marion County, shall be used as a Department of Corrections institution for the imprisonment of male persons committed to the custody of the Department of Corrections. [Formerly 421.010; 1971 c.212 §3; 1987 c.320 §208a]
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[Repealed or reserved.]
ORS 421.609 New correctional facilities; authorization; limitation on. (1) The Department of Corrections may not seek authorization for construction or expansion of new correctional facilities or expansion of existing correctional facilities in this state unless the department
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(a) Has evaluated the availability and cost of using correctional facilities outside this state; and (b) Has determined that constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities in…
ORS 421.610 [1961 c.491 §1; 1971 c.212 §4; repealed by 1987 c.320 §246]
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CORRECTIONS FACILITIES SITING (Generally)
ORS 421.611 Findings. The Legislative Assembly finds that
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(1) There is a serious and urgent need to construct and operate additional correctional facilities in this state to accommodate current and projected prison populations. (2) Immediate corrections facility planning and siting requires an expedited process. Existing corrections fac…
ORS 421.612 Definitions. As used in ORS 421.611 to 421.630, unless the context otherwise requires
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(1) “Authority” means the Corrections Facilities Siting Authority as established in ORS 421.621. (2) “Department” means the Department of Corrections. [1995 c.745 §2] Note: See note under 421.611.
ORS 421.614 Corrections facilities; determining location. (1) The Department of Corrections shall determine locations for corrections facilities pursuant to the provisions of ORS 421.611 to 421.630
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(2) The department shall establish, by rule, mandatory and desirable criteria to be used in the nominations made under ORS 421.616. [1995 c.745 §3] Note: See note under 421.611.
ORS 421.615 [Formerly 421.030; 1969 c.502 §25; repealed by 1971 c.212 §6]
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[Repealed or reserved.]
ORS 421.616 When department required to nominate sites for corrections facilities; criteria for nominations; report required. When directed by executive order of the Governor to initiate the corrections facility siting process established in ORS 421.611 to 421.630, the Department of Corrections shall
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(1) Nominate sites for the construction and operation of additional corrections facilities in this state, based on the criteria adopted by the department pursuant to ORS 421.614, and the following criteria: (a) The interest demonstrated by local jurisdictions in having a site sel…
ORS 421.618 Meetings to discuss site selections. Prior to nominating sites pursuant to ORS 421.616, the Department of Corrections shall hold a meeting or multiple meetings with the elected local government officials involved to discuss the site selections, the on-site and off-site improvements needed at each site and the site preferences of the local governments. [1995 c.745 §5]
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Note: See note under 421.611.
ORS 421.620 [Formerly 421.425; repealed by 1965 c.616 §101]
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[Repealed or reserved.]
ORS 421.621 Corrections Facilities Siting Authority; membership; duties. (1) There is established a Corrections Facilities Siting Authority. Subject to the approval of the Governor, the authority shall make corrections facility site selection decisions as set forth in ORS 421.623. The authority shall consist of five persons, to be appointed by the Governor and to serve at the Governor’s pleasure. The Governor shall appoint one of the members as chairperson
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(2) A majority of the authority members constitutes a quorum for the transaction of business. Members of the authority are entitled to compensation and expenses as provided in ORS 292.495. Any vacancy shall be filled by the Governor. (3) The authority shall: (a) Direct such staff…
ORS 421.623 Hearings in region where nominated site located; ranking sites; findings. (1) Within 30 days after nomination of sites as set forth in ORS 421.616, the Corrections Facilities Siting Authority shall hold a hearing within the region where each nominated site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the sites nominated and conditions proposed therefor
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(2) Not later than 10 days before the hearing held by the authority as required by subsection (1) of this section, any affected local government or any person may submit proposed conditions to the authority. Each proposed condition shall: (a) Be stated separately; (b) Be in writi…
ORS 421.625 [Formerly 421.135; repealed by 1965 c.616 §101]
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[Repealed or reserved.]
ORS 421.626 Notification to Governor; approval or disapproval of sites. (1) As soon as practicable after making the siting decisions, the Corrections Facilities Siting Authority shall notify the Governor and shall make available for the Governor’s review any documents or materials that the Governor may request
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(2) Within 15 days after receiving the notification required by subsection (1) of this section, the Governor shall approve or disapprove such sites as selected and ranked by the authority as the Governor deems necessary and advisable. (3) If the Governor disapproves one or more o…
ORS 421.628 (1) Notwithstanding ORS 169.690, 195.025, 197.180, 215.130 (4) and 227.286 or any other provision of law, including but not limited to statutes, ordinances, regulations and charter provisions, and except for permit decisions delegated by the federal government to the Department of State Lands, the decisions of the Corrections Facilities Siting Authority, if approved by the Governor, shall bind the state and all counties, cities and political subdivisions in this state as to the approval of the sites and the construction and operation of the proposed corrections facilities. Except for those statutes and rules for which permit decisions have been delegated by the federal government to the Department of State Lands, all affected state agencies, counties, cities and political subdivisions shall issue the appropriate permits, licenses and certificates and enter into any intergovernmental agreements as necessary for construction and operation of the facilities, subject only to the conditions of the siting decisions
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(2) Each state or local governmental agency that issues a permit, license or certificate shall continue to exercise enforcement authority over the permit, license or certificate. (3) Except as provided in subsections (4) to (16) of this section, nothing in ORS 421.611 to 421.630 …
ORS 421.630 Judicial review. (1) Notwithstanding ORS 183.400, 183.482, 183.484 and 197.825 or any other law, exclusive jurisdiction for review of any decision relating to the establishment of, addition to, remodeling of or siting of a corrections facility including the establishment of criteria under ORS 421.614, the nomination of sites under ORS 421.616 or any actions under ORS 421.623 or 421.626 is conferred upon the Supreme Court
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(2) Proceedings for review shall be instituted when any person or local government adversely affected files a petition with the Supreme Court that meets the following requirements: (a) The petition shall be filed within 21 days of issuance of the specific decision on which the pe…
ORS 421.633 Lease of Milliron Road Site; construction, operation and ownership of hospital. (1) Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections may lease all or part of the real property and any improvements to the real property known as the Milliron Road Site south of Junction City, Lane County, to the Oregon Health Authority for a period of years agreed upon by the department and the authority
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(2) The authority may build, own and operate, on the real property leased from the department under subsection (1) of this section, a hospital to provide diagnosis and evaluation, medical care, detoxification, social services, rehabilitation or other services for individuals comm…
ORS 421.635 Definitions for ORS 421.635 to 421.657. As used in ORS 421.635 to 421.657
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(1) “Adversely affected” has the meaning used in ORS 183.480. A person within sight or sound of the women’s correctional facility and intake center complex is presumed to be adversely affected by decisions or actions under ORS 421.635 to 421.657. (2) “Complex” means a women’s cor…
ORS 421.637 When department required to propose site; criteria; report; media notice. When directed by executive order of the Governor, the Department of Corrections shall
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(1) Propose a site for the construction and operation of a women’s correctional facility and intake center complex in this state. The department shall consider the following criteria: (a) Interest demonstrated by local jurisdictions in having the site selected for a women’s corre…
ORS 421.639 Exclusion of F. H. Dammasch State Hospital as department facility. Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, and notwithstanding ORS 421.637, 421.641 and 421.643, the real property known as the F. H. Dammasch State Hospital shall not be used as a Department of Corrections facility. [1999 c.982 §6]
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[Repealed or reserved.]
ORS 421.641 Hearings in region where proposed site located; report. (1) Within 21 days after a site is proposed under ORS 421.637, the Director of the Department of Corrections shall hold a hearing within the region where the proposed site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the proposed site
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(2) Not later than seven days before the hearing held under subsection (1) of this section, any affected local government or any person may submit proposed conditions to the director. Each proposed condition shall: (a) Be stated separately; (b) Be in writing; (c) Be specific; (d)…
ORS 421.643 Notice to Governor regarding proposed site. Within 30 days of the date of the executive order described in ORS 421.637, the Director of the Department of Corrections shall notify the Governor of the site proposed for the construction and operation of a women’s correctional facility and intake center complex. The director shall make available for the Governor’s review the final report required under ORS 421.641 and any other documents or materials that the Governor may request. The Governor shall approve or disapprove the site as the Governor deems necessary or advisable. [1999 c.982 §5]
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[Repealed or reserved.]
ORS 421.645 Issuing permits necessary for construction and operation of facility; rules. (1) Notwithstanding ORS 195.025, 197.175, 197.180, 215.130 (4), 227.286, 455.148 or 455.150 or any other provision of law, including but not limited to statutes, ordinances, regulations and charter provisions, the Director of the Department of Consumer and Business Services, through the Building Codes Division, shall exercise authority for the issuance of all permits required under the state building code for the construction and operation of the women’s correctional facility and intake center complex approved under ORS 421.643
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(2) All other state agencies, including but not limited to the Department of Environmental Quality, shall issue such permits within the authority of the agency as may be necessary for the construction and operation of the complex. (3) Within the authority of the city, county or p…
ORS 421.647 Review of decision relating to permits. (1) Notwithstanding ORS 183.400, 183.482, 183.484 or 197.825 or any other law, review of any decision or action relating to the issuance or denial of a permit, license or certificate under ORS 421.645 (1) to (7) is as described in this section
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(2) A person or governmental entity adversely affected by a decision or action may institute a proceeding for review by filing a petition in Marion County Circuit Court that meets the following requirements: (a) The petition must be filed within 21 days of issuance of the specifi…
ORS 421.649 Provision of public services. (1) The Department of Corrections shall obtain public services necessary for the construction and operation of a women’s correctional facility and intake center complex in the manner provided under ORS 421.628 (4) to (15)
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(2) Regardless of the territorial limits of the public body providing public services to the complex, and notwithstanding any other law, upon request or application from the department, the public body shall provide any public service necessary for the construction and operation …
ORS 421.651 Prison Advisory Committee; duties. (1) Within 60 days after August 20, 1999, the Director of the Department of Corrections shall form a Prison Advisory Committee. The committee shall meet to discuss, and make recommendations to the director about, potential construction and operational impacts of the women’s correctional facility and intake center complex. Impacts may include plans for buffering, lighting and noise mitigation to minimize intrusion into the privacy of surrounding residences. The director shall consider the recommendations and shall adopt such recommendations as practicable, considering safety, security and operational needs of the complex
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(2) The Department of Corrections shall maintain a policy or plan for notifying local jurisdictions and surrounding residents of escapes by an adult in custody and other incidents that, in the director’s judgment, may raise local safety concerns. (3) Any decision made or action t…
ORS 421.653 Judicial review. (1) Except as provided in ORS 421.647 and notwithstanding ORS 183.400, 183.482, 183.484 or 197.825 or any other law, exclusive jurisdiction for review of the constitutionality of ORS 421.635 to 421.651 and any decision relating to the siting of a women’s correctional facility and intake center complex under ORS 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, is conferred upon the Supreme Court
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(2) A person or local government adversely affected by ORS 421.635 to 421.651 may institute a proceeding for review by filing with the Supreme Court a petition that meets the following requirements: (a) The petition for review of the constitutionality of ORS 421.635 to 421.657 an…
ORS 421.655 Proceedings for review; consolidation; priority. (1) To the extent practicable, the appropriate court shall consolidate any proceedings for review under ORS 421.635 to 421.657
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(2) A circuit court, the Court of Appeals and the Supreme Court shall give proceedings for review under ORS 421.635 to 421.657, and all appeals therefrom, priority over all other matters before the court. (3) Except for proceedings on a petition for a writ of mandamus under ORS 4…
ORS 421.657 Condemnation of property. The condemnation of any real property required under ORS 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999, by the Department of Corrections, or on behalf of the department, shall be conducted according to the applicable provisions of ORS chapter 35. Amounts paid in just compensation for condemned real property shall be determined according to ORS 35.346. [1999 c.982 §14]
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(Disposal of Property)
ORS 421.670 Department disposal of sited property. Notwithstanding ORS 421.611 to 421.630 or 421.635 to 421.657 or any action taken under ORS 421.611 to 421.630 or 421.635 to 421.657, the Department of Corrections may sell, lease, transfer or otherwise dispose of all or part of real property or any improvements to real property that have been sited for the construction or operation of a correctional facility. [2021 c.642 §4]
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Note: 421.670 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 421.705 [Formerly 421.080; 1965 c.616 §75; 1983 c.505 §8; repealed by 1987 c.320 §246]
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[Repealed or reserved.]
ORS 421.710 [Formerly 421.083; 1983 c.505 §9; repealed by 1987 c.320 §246]
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BRANCH INSTITUTIONS
ORS 421.805 Siting of branch institutions. The Department of Corrections may establish and operate institutions, other domiciliary facilities or branches of existing Department of Corrections institutions or domiciliary facilities. Siting of such institutions, branches or domiciliary facilities must be done in accordance with statutes governing the siting or locating of correctional institutions. The institutions, branches or facilities shall be used for the care and custody of adults in custody assigned thereto and shall be operated to facilitate the return of the adults in custody to society. [1969 c.580 §2; 1983 c.740 §148; 1987 c.320 §209; 2019 c.213 §142]
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Note: 421.805 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 by legislative action. See Preface to Oregon Revised Statutes for further explanation. PENALTIES
ORS 421.990 Penalties. Violation of ORS 421.105 (2) is punishable in the same manner as if the individual injured unlawfully was not convicted or sentenced. [Amended by 1965 c.616 §76; 1981 c.380 §3; 1997 c.851 §13; 1999 c.955 §25; 2011 c.597 §193; 2015 c.342 §2]
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CHAPTER 422 [Reserved for expansion] _______________