Title 34, Human Services; Juvenile Code; Corrections

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]

(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: (a) Has evaluated the availability and cost of using correctional facili…

The Legislative Assembly finds that: (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 expedi…

As used in ORS 421.611 to 421.630, unless the context otherwise requires: (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.

(1) The Department of Corrections shall determine locations for corrections facilities pursuant to the provisions of ORS 421.611 to 421.630. (2) The department shall establish, by rule, mandatory and desirable criteria to be used in the nominations made under ORS 421.616. [1995 c…

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: (1) Nominate sites for the construction and operation of additional corrections facilities in this stat…

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 p…

(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 Gov…

(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 …

(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. (2) Within 15 days after receiving the …

(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, the decisions of the Corrections Facilities Siting Authority, if approved by the Govern…

(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…

(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…

As used in ORS 421.635 to 421.657: (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…

When directed by executive order of the Governor, the Department of Corrections shall: (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) Inter…

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]

(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 …

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 s…

(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, thro…

(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. (2) A person or governmental entity…

(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). (2) Regardless of the territorial limits of the public bo…

(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 corre…

(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…

(1) To the extent practicable, the appropriate court shall consolidate any proceedings for review under ORS 421.635 to 421.657. (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 therefro…

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 pai…

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 t…

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 …

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] CHAPTER 422 [Reserved for expansion] __…

As used in ORS 423.010 to 423.070, unless the context requires otherwise: (1) “Department” means the Department of Corrections. (2) “Department of Corrections institutions” has the meaning given that term in ORS 421.005. (3) “Director” means the Director of the Department of Corr…

(1) The Department of Corrections is created. The department shall: (a) Supervise the management and administration of the Department of Corrections institutions, parole and probation services, community corrections and other functions related to state programs for corrections; (…

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]

ORS 411.171 (1) applies to the Department of Corrections. [Derived from 1987 c.781 §2] Note: 423.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised …

(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 p…

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…

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 Corr…

(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 …

(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. (2) A corrections officer granted the authority of a peace officer und…

(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. (2) As used in this section, “Department …

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 th…

(1) The Director of the Department of Corrections shall appoint an unclassified employee to the position of Administrator of Correctional Education. (2) The Administrator of Correctional Education shall be employed full-time with authority over, and responsibility for, statewide …

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]

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]

(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…

(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 o…

(1) As used in this section: (a) “Adult in custody” means a person who is at least 18 years of age and in the physical custody of the Department of Corrections. “Adult in custody” does not include: (A) A person on leave from prison due to participation in an alternative incarcera…

(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. (2) There is established in …