Chapter 421 — Chapter 421

ORS 421.165 [Formerly 421.239; 1963 c.269 §1; 1967 c.354 §2; 1969 c.502 §13; 1969 c.597 §134; 1980 c.9 §1; 1983 c.516 §1; 1987 c.320 §175; 1989 c.790 §57; 1989 c.1024 §1; repealed by 1989 c.790 §58]

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ORS 421.166 Emergency leave; rules. The Director of the Department of Corrections shall establish by rule an emergency leave program. An adult in custody may be granted emergency leave not to exceed 10 days in length for the following purposes

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ORS 421.168 Transitional leave; rules. (1) The Department of Corrections shall establish a short-term transitional leave program. The program shall provide adults in custody with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the adult’s discharge to post-prison supervision

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ORS 421.170 Enrollment of adult in custody in work release program. The superintendent of the Department of Corrections institution in which an adult in custody is confined may recommend to the Director of the Department of Corrections that an adult in custody in the Department of Corrections institution be enrolled in the work release program established under ORS 144.420. If the adult in custody has not served at least one-fourth of the maximum term of the sentence, the superintendent must, prior to making a recommendation, consider the original recommendation, if any, of the sentencing court. [1965 c.463 §6; 1969 c.502 §14; 1987 c.320 §176; 2019 c.213 §75]

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ORS 421.173 Doula program for pregnant and postpartum adults in custody. (1) The Department of Corrections shall establish a doula program for pregnant and postpartum adults in custody at the Coffee Creek Correctional Facility

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ORS 421.175 Use of mechanical restraints during labor, childbirth or postpartum recovery. (1) An adult in custody may not be restrained mechanically during labor, childbirth or postpartum recovery in a hospital unless

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ORS 421.178 Procedures to transfer adult in custody after childbirth. After giving birth to a child at a hospital, an adult in custody must be subject to medically appropriate procedures constituting the least restrictive means to ensure safe transport to and arrival at a Department of Corrections facility. [2023 c.311 §3]

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ORS 421.180 Disciplinary procedures; rules. The Department of Corrections by rule shall adopt procedures to be utilized in disciplining persons committed to the physical and legal custody of the department. [1973 c.621 §4; 1983 c.211 §1; 1987 c.320 §177]

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ORS 421.185 Assistance and representation in disciplinary procedures. The procedures adopted pursuant to ORS 421.180 shall provide that an adult in custody shall be entitled to assistance and representation under terms and conditions established by the Department of Corrections. Nothing in this section shall be construed to limit the authority of the department to designate persons eligible to assist and represent the adult in custody. [1973 c.621 §5; 1987 c.320 §178; 2019 c.213 §76]

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ORS 421.190 Admissible evidence at disciplinary hearing. Evidence may be received at disciplinary hearings even though inadmissible under rules of evidence applicable to court procedure and the department shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to afford the adult in custody a reasonable opportunity for a fair hearing. [1973 c.621 §6; 1987 c.320 §179; 2019 c.213 §77]

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ORS 421.194 Disciplinary orders not subject to judicial review. (1) Disciplinary orders of the Department of Corrections issued under procedures adopted pursuant to ORS 421.180 are not subject to judicial review by any court of this state

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ORS 421.195 [1973 c.621 §7; 1977 c.323 §1; 1977 c.374 §4; 1983 c.740 §144; 1987 c.320 §180; repealed by 1995 c.108 §5]

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ORS 421.200 Disciplinary segregation unit data dashboard. The Department of Corrections shall establish, maintain and publish on the department’s website a publicly accessible data dashboard detailing the following information

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ORS 421.205 Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody. (1) The Department of Corrections may enter into contracts or arrangements with the authorities of the federal government, of any state having a reformatory or prison for the confinement and detention of adults in custody that is not a party to the Interstate Corrections Compact under ORS 421.245 or the Western Interstate Corrections Compact under ORS 421.284, or of any county in this state. This contract may provide for the reception, detention, care, maintenance and employment of persons convicted of felony in the courts of this state and sentenced to a term of imprisonment therefor

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ORS 421.210 Transfer of adults in custody to contract institutions; term of confinement. After entering into a contract under ORS 421.205, the Department of Corrections may convey persons convicted of a felony in the courts of this state and sentenced to the legal and physical custody of the department to the jurisdiction named in the contract. They shall be delivered to the authorities of the contracting jurisdiction and, unless they are eligible for any form of temporary or transitional leave from custody, work release or a program of conditional or supervised release, that is authorized by the department, shall remain confined until their respective sentences have expired or until they are otherwise discharged by law. [Amended by 1959 c.290 §10; 1969 c.502 §15; 1973 c.444 §2; 1987 c.320 §182; 2013 c.130 §1]

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ORS 421.211 [1955 c.309 §2; 1959 c.290 §11; 1959 c.687 §12; 1969 c.502 §16; repealed by 1973 c.444 §3]

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ORS 421.213 Records of transfer; availability of information; rules. Whenever an adult in custody serving a sentence imposed by a court of this state is transferred from a Department of Corrections institution under this chapter, the superintendent of the Department of Corrections institution in which the adult in custody was confined shall retain a record of the transfer and shall make such information available to law enforcement agencies and the courts upon request. The Department of Corrections shall adopt rules governing the release of this information to other interested parties under ORS 192.311 to 192.478. [1955 c.309 §7; 1959 c.687 §13; 1967 c.471 §5; 1969 c.502 §17; 1983 c.248 §1; 1987 c.320 §183; 2019 c.213 §79]

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ORS 421.215 Procurement of transferred adults in custody when required for judicial proceedings. If the presence of any adult in custody confined in a county jail or in the institution of another state or the federal government, is required in any judicial proceeding of this state, the superintendent in charge of the institution from which the adult in custody was conveyed, upon being so directed by the Director of the Department of Corrections or upon the written order or direction of any court of competent jurisdiction or of a judge thereof, shall procure such adult in custody, bring the adult in custody to the place directed in such order and hold the adult in custody subject to the further order and direction of the director, or of the court or of a judge thereof, until the adult in custody is lawfully discharged from custody. The superintendent shall, by direction of the director or of the court or a judge thereof, deliver such adult into the custody of the sheriff of the county in which the adult in custody was convicted, and shall, by like order, return such adult in custody to the institution from which the adult in custody was taken. [Amended by 1955 c.309 §3; 1959 c.687 §14; 1965 c.616 §53; 1969 c.502 §18; 1983 c.740 §145; 1987 c.320 §184; 2019 c.213 §80]

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ORS 421.220 Return of transferred adults in custody. Upon the expiration of any contract entered into under ORS 421.205, all adults in custody of this state confined in such institution or jail shall be returned by the Department of Corrections to department custody, or delivered to such other institution as the Department of Corrections has contracted with under ORS 421.205. [Amended by 1955 c.309 §4; 1959 c.687 §15; 1965 c.616 §54; 1969 c.502 §19; 1983 c.740 §146; 1987 c.320 §185; 2019 c.213 §137]

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ORS 421.225 Expenses of superintendents. The superintendents shall be allowed and paid all their necessary expenses and disbursements incurred while performing any duty required of them by ORS 421.205, 421.210, 421.215 and 421.220. [Amended by 1955 c.309 §5; 1959 c.687 §16; 1969 c.502 §20]

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ORS 421.229 Transfer of foreign adults in custody; authority of Governor; written approval of adult in custody. When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted criminal offender who is a citizen or national of a foreign country to the foreign country of which the offender is a citizen or national, the Governor is authorized to act, in accordance with the treaty, on behalf of the State of Oregon and to approve the transfer of the convicted criminal offender, provided that such offender approves of the transfer in writing. [1979 c.486 §5]

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ORS 421.230 [Amended by 1959 c.687 §17; renumbered 421.150]

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ORS 421.232 [1955 c.636 §4; 1961 c.424 §7; renumbered 421.155]

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ORS 421.233 [1955 c.636 §8; 1961 c.424 §8; renumbered 421.160]

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ORS 421.235 [Repealed by 1957 c.160 §6]

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ORS 421.237 [1955 c.254 §2; repealed by 1957 c.160 §6]

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ORS 421.239 [1955 c.59 §1; 1959 c.687 §18; renumbered 421.165]

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ORS 421.240 [Amended by 1953 c.111 §3; renumbered 421.270]

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ORS 421.245 Interstate Corrections Compact. The Interstate Corrections Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows

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ORS 421.250 Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. [1979 c.486 §2; 1987 c.320 §186]

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ORS 421.254 Priority of corrections compacts. Whenever any state that is a party to the Western Interstate Corrections Compact becomes a party to the Interstate Corrections Compact, this state will perform its duty toward that state under the Interstate Corrections Compact instead of under the Western Interstate Corrections Compact in so far as the two compacts conflict. [1979 c.486 §3]

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ORS 421.255 [1955 c.660 §6; 1959 c.550 §1; repealed by 1965 c.616 §101]

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ORS 421.260 [1955 c.660 §7; 1959 c.550 §2; repealed by 1965 c.616 §101]

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ORS 421.265 [1955 c.660 §8; 1959 c.550 §3; repealed by 1965 c.616 §101]

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ORS 421.270 [Formerly 421.240; repealed by 1959 c.550 §4]

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ORS 421.282 Definitions for ORS 421.282 to 421.294. As used in ORS 421.282 to 421.294, unless the context requires otherwise

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ORS 421.284 Western Interstate Corrections Compact. The Western Interstate Corrections Compact hereby is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows

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ORS 421.286 Commitments or transfers of inmates to institution in another state. Any court, agency or officer of this state having power to commit or transfer an inmate to an institution for confinement may commit or transfer the inmate to any institution in another state if this state has entered into a contract for the confinement of inmates in an institution of the other state pursuant to Article III of the compact. [1959 c.290 §4]

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ORS 421.288 Enforcing and administering compact. All courts, agencies and officers of this state or any political subdivision therein shall enforce the compact and carry out its provisions including, but not limited to, making and submitting such reports as the compact requires. [1959 c.290 §5]

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ORS 421.290 Hearings by director. (1) The Director of the Department of Corrections shall hold such hearings as are requested by another state pursuant to Article IV (f) of the compact. ORS chapter 183 does not apply to these hearings, which shall be conducted in compliance with Article IV (f) of the compact

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ORS 421.292 Hearings in another state. (1) The State Board of Parole and Post-Prison Supervision may hold hearings in another state in connection with the case of an inmate confined in an institution of another state that is a party to the compact, or may request a hearing to be held by officers of the other state under Article IV (f) of the compact

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ORS 421.294 Contracts to implement compact. The Department of Corrections may enter into any contracts on behalf of this state, not prohibited by any law of this state, as it considers appropriate to implement the participation of this state in the compact pursuant to Article III thereof. However, the department shall not enter into any contract

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ORS 421.296 Interstate Forest Fire Suppression Compact. The Interstate Forest Fire Suppression Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows

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ORS 421.297 Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. [1991 c.302 §3]

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ORS 421.298 Duties of State Forester. The State Forester shall make reasonable efforts to use local available crews within Oregon before calling on fire suppression units from other states. [1991 c.302 §4]

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ORS 421.305 Establishment of industries in institutions; authority of Oregon Corrections Enterprises; rules; fees. (1) Subject to the authority of the Director of the Department of Corrections over care, custody and control of adults in custody and of corrections institutions, in carrying out the powers and duties generally described by ORS 421.354, Oregon Corrections Enterprises may

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ORS 421.310 [Amended by 1955 c.55 §3; 1965 c.616 §58; 1969 c.349 §4; 1981 c.380 §1; 1983 c.574 §2; 1987 c.153 §2; 1987 c.320 §191; 1989 c.89 §1; 1995 c.384 §12; repealed by 1997 c.851 §17]

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ORS 421.312 Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized. (1) The Department of Corrections or Oregon Corrections Enterprises may enter into contracts or agreements with any agency of the federal government providing for the sale to such agency of goods, wares or merchandise manufactured, mined or produced in any of the Department of Corrections institutions of this state or by Oregon Corrections Enterprises, or providing for the furnishing of the labor or services of adults in custody of any such institutions to such agency, or containing both such provisions, when the President of the United States has, by official action, recognized the existence of a national emergency

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ORS 421.315 [Amended by 1955 c.55 §4; 1965 c.616 §60; repealed by 1981 c.380 §4]

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ORS 421.320 [Amended by 1965 c.616 §61; repealed by 1981 c.380 §4]

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