Chapter 423 — Chapter 423

ORS 423.010 Definitions for ORS 423.010 to 423.070. As used in ORS 423.010 to 423.070, unless the context requires otherwise

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ORS 423.020 Department of Corrections; duties and powers; fees. (1) The Department of Corrections is created. The department shall

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ORS 423.025 [1969 c.597 §§97,137; repealed by 1971 c.319 §11]

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ORS 423.027 [1969 c.597 §111; 1975 c.605 §21; repealed by 1985 c.565 §66]

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ORS 423.030 Department not limited by ORS 423.020. The enumeration of duties, functions and powers in ORS 423.020 is not exclusive nor intended as a limitation on the powers and authority vested in the Department of Corrections by other provisions of law. [1965 c.616 §3; 1969 c.597 §99; 1987 c.320 §211]

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ORS 423.035 Application of ORS 411.171 (1). ORS 411.171 (1) applies to the Department of Corrections. [Derived from 1987 c.781 §2]

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ORS 423.040 [1965 c.616 §4; 1967 c.7 §39; 1969 c.597 §100; 1971 c.319 §7; repealed by 1987 c.320 §246]

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ORS 423.045 Handgun or ammunition on department property; no duty concerning parking area or compliance. (1) The presence of a handgun or ammunition on property owned or occupied by the Department of Corrections pursuant to ORS 166.375 does not, by itself, constitute a failure by the department, State Board of Parole and Post-Prison Supervision or Oregon Corrections Enterprises to provide a safe workplace

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ORS 423.050 [1965 c.616 §5; repealed by 1987 c.320 §246]

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ORS 423.055 Provision of personal hygiene products. The Department of Corrections institutions shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all persons confined in a Department of Corrections institution for use in connection with vaginal discharge. The Department of Corrections shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following

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ORS 423.060 [1965 c.616 §6; 1969 c.597 §101; repealed by 1987 c.320 §246]

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ORS 423.070 Deposit and disbursement of funds received under Western Interstate Corrections Compact. All funds received by this state or by the Department of Corrections under a lawful contract with another party to the Western Interstate Corrections Compact made in compliance with Article III thereof, shall be paid into the State Treasury. The Director of the Department of Corrections shall expend these funds in compliance with the contract. [Formerly 179.122; 1987 c.320 §212]

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ORS 423.075 Director; appointment; duties; rules. (1) The Department of Corrections shall be under the supervision and control of a director who is responsible for providing for programs for the delivery to the public of the services assigned to the department, and for undertaking long-range planning necessary for the effective and efficient delivery of these services

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ORS 423.076 Director’s authority to grant peace officer power to corrections officer. (1) The Director of the Department of Corrections may grant to an individual corrections officer or classification of corrections officer all the powers and authority of a peace officer over adults in custody

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ORS 423.077 Certification of department employees to provide mental health services; rules. (1) The Department of Corrections may certify employees of the department to provide mental health services to adults in custody in Department of Corrections institutions in accordance with standards established by the department by rule

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ORS 423.078 Visitors; visiting status; administrative review of status changes; rules. The Department of Corrections shall establish by rule an internal procedure for administrative review of decisions to revoke or restrict an approved visitor’s visiting status within a department facility. The department shall include in the internal procedure established under this section an opportunity for the person to obtain final administrative review of the disputed action from a department official who is assigned to the department’s central administration. [1999 c.679 §2]

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ORS 423.080 [1967 c.564 §§8,9; repealed by 1969 c.597 §281]

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ORS 423.085 Administrator of Correctional Education. (1) The Director of the Department of Corrections shall appoint an unclassified employee to the position of Administrator of Correctional Education

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ORS 423.090 Establishment or designation of diagnostic facilities. The Department of Corrections may establish or designate facilities to be used for diagnostic purposes for such categories of persons as the department may by rule assign to the facility. Such assignments shall not exceed 60 days in duration. [1967 c.585 §1; 1987 c.320 §214]

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ORS 423.093 Reimbursement of expenses from prisoner; limitation. Neither the Department of Corrections nor any city or county may seek reimbursement for expenses incurred in safekeeping and maintaining prisoners through a counterclaim or request for setoff in an action by a person against the department or the county or city. [2001 c.641 §4]

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ORS 423.097 Department of Corrections Account. (1) The Department of Corrections Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments, proceeds from the issuance of certificates of participation and other moneys received by the Department of Corrections shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the department for purposes authorized by law

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ORS 423.100 Revolving fund. (1) On written request of the Department of Corrections, the Oregon Department of Administrative Services shall establish a revolving fund of not to exceed $15,000, including unreimbursed advances, by drawing warrants on amounts appropriated to the Department of Corrections for operating expenses. The revolving fund shall be deposited with the State Treasurer, to be held in a special account against which the department may draw checks

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ORS 423.105 Payment of court-ordered financial obligations; rules. (1) As used in this section

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ORS 423.110 Acceptance of moneys for reentry services; subaccount established; grants to counties. (1) The Department of Corrections may apply for and accept federal grants or moneys, as well as grants or other financial assistance from any other source, for the purpose of providing reentry support and services to offenders released on supervision

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ORS 423.120 Supplemental funding for reentry of young offenders. (1) The Department of Corrections may enter into agreements or arrangements with counties for the purpose of providing counties with supplemental funding for the provision of reentry support and services to offenders who, before attaining 25 years of age, are released

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ORS 423.150 (1) The Department of Corrections shall

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ORS 423.160 Bill of rights of children of incarcerated parents. (1) The Department of Corrections shall, in cooperation with an existing public body, develop

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ORS 423.205 [1969 c.177 §7; repealed by 1985 c.44 §2 and 1985 c.558 §9]

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ORS 423.210 [1967 c.572 §1; 1969 c.177 §4; repealed by 1985 c.44 §2 and 1985 c.558 §9]

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ORS 423.220 [1967 c.572 §2; 1969 c.177 §1; 1973 c.212 §1; 1973 c.792 §15; repealed by 1985 c.44 §2 and 1985 c.558 §9]

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ORS 423.230 [1967 c.572 §3; 1969 c.177 §2; repealed by 1985 c.44 §2 and 1985 c.558 §9]

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ORS 423.240 [1967 c.572 §4; 1969 c.177 §3; repealed by 1985 c.44 §2 and 1985 c.558 §9]

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ORS 423.280 [1967 c.572 §5; repealed by 1985 c.44 §2 and 1985 c.558 §9]

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ORS 423.310 [1967 c.534 §7; 1971 c.401 §108; 1981 c.171 §3; renumbered 419A.044 in 1997]

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ORS 423.315 [1981 c.171 §2; renumbered 419A.045 in 1997]

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ORS 423.320 [1967 c.534 §8; 1971 c.401 §109; repealed by 1981 c.171 §7]

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ORS 423.330 [1969 c.498 §2; 1971 c.429 §2; 1981 c.171 §4; renumbered 419A.046 in 1997]

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ORS 423.340 [1969 c.498 §3; 1971 c.429 §3; 1981 c.171 §5; renumbered 419A.047 in 1997]

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ORS 423.350 [1969 c.498 §4; 1971 c.401 §110; 1971 c.429 §1; 1981 c.171 §6; renumbered 419A.048 in 1997]

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ORS 423.360 [1969 c.498 §5; 1971 c.401 §111; repealed by 1981 c.171 §7]

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ORS 423.400 Office established; appointment by Governor. The office of Corrections Ombudsman is established in the office of the Governor. The Governor shall appoint the Corrections Ombudsman. [1977 c.378 §1]

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ORS 423.405 Qualifications for office; prohibited activities. (1) The Corrections Ombudsman shall be a person of recognized judgment, objectivity and integrity who is qualified by training and experience to analyze problems of law enforcement, corrections administration and public policy

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ORS 423.410 Term; reappointment. The Corrections Ombudsman shall serve at the pleasure of the Governor for a term of four years. The Corrections Ombudsman may be reappointed for additional terms. [1977 c.378 §3]

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ORS 423.415 Deputy and additional officers and employees. The Corrections Ombudsman may appoint a Deputy Ombudsman and any other subordinate officers and employees necessary to the performance of the duties of the ombudsman and shall prescribe their duties and fix their compensation. [1977 c.378 §4]

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ORS 423.420 General duties and powers; rules. The Corrections Ombudsman shall have the power

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ORS 423.425 Investigatory authority. (1) The Corrections Ombudsman shall investigate, on complaint or on the ombudsman’s own motion, any corrections action that is or is alleged to be

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ORS 423.430 Investigative priority; confidentiality of matters; charging fees prohibited. The Corrections Ombudsman shall

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ORS 423.435 Recommendations following investigation; notice from Department of Corrections of action taken; notice to Legislative Assembly of recommended statutory changes. (1) After investigation of any action, the Corrections Ombudsman shall state the recommendations and reasons if, in the ombudsman’s opinion, the Department of Corrections or any employee thereof should

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ORS 423.440 Letters between ombudsman and persons in custody; immunity of complainants and ombudsman; privilege against giving evidence or testifying. (1) A letter to the Corrections Ombudsman from a person held in custody, including by detention, incarceration and hospitalization, by the Department of Corrections shall be forwarded immediately, unopened, to the Corrections Ombudsman. A letter from the Corrections Ombudsman to such person shall be immediately delivered, unopened, to the person

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ORS 423.445 Witness rights; fees; expenses of state agency personnel. (1) Any person required to testify under ORS 423.400 to 423.450 shall be accorded the same privileges and immunities, receive the same fees and mileage and be subject to the same penalties provided in ORS 183.440

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