Title 34, Human Services; Juvenile Code; Corrections

As used in this chapter, unless the context requires otherwise: (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 th…

(1) Revenues, less operating expenses, from the following sources shall be deposited into an account established by the Department of Corrections: (a) Operation of correctional institution canteens; (b) Operation of the vending machines in the visiting area of correctional instit…

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 audi…

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 r…

(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: (a) The adult basic skills development program described in ORS 421…

(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: (a) For the department’s in…

(1) The Department of Corrections and the Higher Education Coordinating Commission shall enter into a memorandum of understanding regarding the correctional education system. (2) A memorandum of understanding entered into under this section shall contain, but is not limited to, p…

(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. (2)(a) The primary objective of the correctional educat…

(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: (a) Test individuals for basic reading and mathematics skills or, for individuals wit…

(1) As used in this section: (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 ef…

(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 in…

(1) As used in this section: (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 other…

Each year, in accordance with medically accepted standards for timing and administration of immunization against the influenza virus: (1) The Department of Corrections shall offer each inmate in the physical custody of the department immunization against the influenza virus at no…

(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. (2) Each adult in custody confined in execution of the judgment…

(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…

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 …

(1) Upon the discharge or parole of an adult in custody from the Department of Corrections, the department shall: (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 document…

(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. (2) Before charging fees pursuant to subse…

(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 inst…

(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 b…

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 Correct…

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 rule…

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 …

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 instituti…

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.…

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: (1) To visit a terminally ill member of the adult’s family if the membe…

(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’…

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 es…

(1) The Department of Corrections shall establish a doula program for pregnant and postpartum adults in custody at the Coffee Creek Correctional Facility. (2) The doula program must provide doula services to adults in custody who are pregnant or who have given birth in the last y…

(1) An adult in custody may not be restrained mechanically during labor, childbirth or postpartum recovery in a hospital unless: (a) The mechanical restraints are reasonably necessary, as determined by a supervising officer, for the safety and security of the adult in custody, co…

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] Note: See note under 421.…

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]

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 t…

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…

(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. (2) This section does not affect any right that an adult in custody may have to prosecute a writ of habe…

The Department of Corrections shall establish, maintain and publish on the department’s website a publicly accessible data dashboard detailing the following information: (1) The race, age and misconduct status of each adult in custody placed in a disciplinary segregation unit. (2…

(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 …

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 delivere…

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…

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 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 Corre…

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]

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 authoriz…

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: ______________________________________________________________________________ ARTICLE I PURPOSE AND PO…

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;…

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 …

As used in ORS 421.282 to 421.294, unless the context requires otherwise: (1) “Compact” means the Western Interstate Corrections Compact as set forth in ORS 421.284. (2) “Inmate,” “institution” and “state” have the meanings defined in Article II of the compact. [1959 c.290 §2]

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: ______________________________________________________________________________ ARTICLE …

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 instituti…

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]