Title 169 · ORS Chapter 169

169.046, the sheriff may place adults in custody on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the adult in cu

Citation: ORS 169.046

Section: 169.046

169.046, the sheriff may place adults in custody on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the adult in custody and must include:

�� (a) The date of the next court appearance of the adult in custody;

�� (b) A statement that the adult in custody is required to appear at the next court appearance; and

�� (c) A statement that failure of the adult in custody to appear at the next court appearance is subject to prosecution under ORS 162.195 or 162.205. [1989 c.884 ��4,5,6; 1999 c.1051 �71; 2001 c.517 �2; 2019 c.213 �44]

�� 169.050 Contracts for boarding of prisoners. The county court or board of county commissioners of each county in this state, not having more than 300,000 inhabitants, shall advertise for bids for boarding of prisoners confined in the county local correctional facilities of the county, and may award the contract for boarding them to the lowest responsible bidder. If any responsible bidder, other than the sheriff, receives the contract from the county for the boarding of prisoners, such bidder shall receive compensation for boarding such prisoners rather than the sheriff, and the sheriff shall afford to such bidder all facilities for carrying out the county�s contract for boarding prisoners. [Amended by 1973 c.740 �12]

�� 169.053 Agreements with other counties or Department of Corrections for confinement and detention of offenders. (1) A county may enter into an agreement with one or more other counties of this state under ORS 190.010 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:

�� (a) Pretrial detainees;

�� (b) Offenders convicted of a misdemeanor; and

�� (c) Offenders convicted of a felony who are:

�� (A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or

�� (B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision.

�� (2) A county may enter into an agreement with the Department of Corrections under ORS 190.110 for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:

�� (a) Offenders convicted of a misdemeanor; and

�� (b) Offenders convicted of a felony who are:

�� (A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or

�� (3) An agreement entered into under ORS 190.110 and subsection (2) of this section shall include a provision that the county reimburse the Department of Corrections for its costs incurred in confining the county adult in custody. Reimbursement shall be made on a per diem basis at a rate determined by the department to be its average daily incarceration cost per adult in custody. In lieu of reimbursement, the department and county may enter into an agreement providing for the comparable exchange of adults in custody as determined by the department. [1996 c.4 �1; 2019 c.213 �45]

�� Note: 169.053 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 169.055 Contracts with Department of Corrections for county prisoners awaiting sentencing. (1) The Department of Corrections may enter into contracts or arrangements with the authorities of any county in this state to provide for the reception, detention, care, maintenance and employment of county prisoners convicted of a felony in the courts of this state who are awaiting sentencing and who, in the judgment of the sentencing court, pose an unusual security risk if they were to remain incarcerated in a local correctional facility pending sentencing.

�� (2) Nothing in this section requires the Department of Corrections to incarcerate a county prisoner in a Department of Corrections facility.

�� (3) A county prisoner poses an unusual security risk under this section if the prisoner poses a level of risk of violence or escape that exceeds the security level of the county facility. The risk of violence or escape may result from or be manifested by:

�� (a) A history of violence against law enforcement or corrections employees;

�� (b) A history of escape attempts;

�� (c) Documented enemies in the county facility; or

�� (d) A charge of aggravated murder. [1997 c.369 �1]

�� Note: 169.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 169.060 [Repealed by 1983 c.327 �16]

�� 169.070 Coordination of state services by Department of Corrections; inspections to determine compliance with standards. (1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059.

�� (2) In carrying out its duties under subsection (1) of this section, the department may enter into agreements with public or private entities to conduct inspections of local correctional facilities, lockups, temporary holds and juvenile detention facilities.

�� (3) When a county that operates a local correctional facility has conducted, or caused a public or private entity to conduct, an inspection of the local correctional facility within 24 months before an inspection would be conducted under subsection (1) of this section, the department is not required to conduct the next inspection required under subsection (1) of this section if:

�� (a) The standards meet or exceed the standards established in ORS 169.076;

�� (b) The inspection is conducted in a manner that allows the county to satisfy the requirement of paragraph (c) of this subsection; and

�� (c) Within 45 days after the inspection is completed, the county provides to the department:

�� (A) A statement or copy of the standards used to conduct the inspection and the date the standards were adopted; and

�� (B) A portion of the findings and recommendations of the inspection that is the equivalent of the information that would have been obtained in an inspection conducted under subsection (1) of this section.

�� (4) The information provided to the department under subsection (3) of this section is a public record for the purposes of ORS 192.311 to 192.478 and is subject to the same disclosure requirements and retention schedule that applies to an inspection conducted under subsection (1) of this section. [1973 c.740 �2; 1979 c.338 �2; 1979 c.487 �2; 1987 c.320 �91; 1993 c.33 �310; 2003 c.475 �1; 2013 c.63 �1; 2019 c.382 �19]

�� 169.072 Provision of services or assistance by Department of Corrections through arrangements with local governments. (1) The Department of Corrections may enter into arrangements, contracts or agreements with local governments to provide services or other assistance to local governments with respect to local correctional facilities and juvenile detention facilities. Services and assistance provided to local governments under this section may include health care services and assistance, including providing pharmaceuticals, treatment services, transport services, training assistance, security assistance and tactical assistance.

�� (2) An arrangement, contract or agreement entered into under subsection (1) of this section may authorize the use of department facilities, personnel, supplies, equipment or material in providing services or other assistance to local governments. [2001 c.194 �2]

�� 169.075 [1973 c.740 �3; repealed by 1979 c.487 �5 (169.076, 169.077, 169.078 and 169.740 enacted in lieu of 169.075)]

�� 169.076 Standards for local correctional facilities. Each local correctional facility shall:

�� (1) Provide sufficient staff to perform all audio and visual functions involving security, control, custody and supervision of all confined detainees and prisoners, with personal inspection at least once each hour. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.

�� (2) Have a comprehensive written policy with respect to:

�� (a) Legal confinement authority.

�� (b) Denial of admission.

�� (c) Telephone calls.

�� (d) Admission and release medical procedures.

�� (e) Medication and prescriptions.

�� (f) Personal property accountability that complies with ORS 133.455.

�� (g) Vermin and communicable disease control.

�� (h) Release process to include authority, identification and return of personal property.

�� (i) Rules of the facility governing correspondence and visitations.

�� (3) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and regulations for the operation of the facility.

�� (4) Not administer any physical punishment to any prisoner at any time.

�� (5) Provide for emergency medical and dental health, having written policies providing for:

�� (a) Review of the facility�s medical and dental plans by a licensed physician, physician associate, naturopathic physician or nurse practitioner.

�� (b) The security of medication and medical supplies.

�� (c) A medical and dental record system to include request for medical and dental attention, treatment prescribed, prescriptions, special diets and other services provided.

�� (d) First aid supplies and staff first aid training.

�� (6) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.

�� (7) Ensure that confined detainees and prisoners:

�� (a) Will be fed daily at least three meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other purposes.

�� (b) Will be fed nutritionally adequate meals in accordance with a plan reviewed by a registered dietitian or the Oregon Health Authority.

�� (c) Be provided special diets as prescribed by the facility�s designated physician, physician associate, naturopathic physician or nurse practitioner.

�� (d) Shall have food procured, stored, prepared, distributed and served under sanitary conditions, as defined by the authority under ORS 624.041.

�� (8) Ensure that the facility be clean, and provide each confined detainee or prisoner:

�� (a) Materials to maintain personal hygiene.

�� (b) Clean clothing twice weekly.

�� (c) Mattresses and blankets that are clean and fire-retardant.

�� (9) Require each prisoner to shower at least twice weekly.

�� (10) Forward, without examination or censorship, each prisoner�s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.

�� (11) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.

�� (12) Have and provide each prisoner with written rules for prisoner conduct and disciplinary procedures. If a prisoner cannot read or is unable to understand the written rules, the information shall be conveyed to the prisoner orally.

�� (13) Not restrict the free exercise of religion unless failure to impose the restriction will cause a threat to facility or order.

�� (14) Safeguard and ensure that the prisoner�s legal rights to access to legal materials are protected.

�� (15) In addition to the items listed in subsection (8) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities 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:

�� (a) Regular absorbent and super absorbent tampons;

�� (b) Regular absorbent and super absorbent sanitary pads;

�� (c) Postpartum pads; and

�� (d) Regular absorbent panty liners. [1979 c.487 �6 (enacted in lieu of 169.075); 1987 c.320 �92; 2005 c.471 �6; 2009 c.595 �116; 2013 c.63 �2; 2014 c.45 �29; 2017 c.356 �20; 2019 c.213 �46; 2019 c.489 �1; 2024 c.73 �43]

�� 169.077 Standards for lockup facilities. Each lockup facility shall:

�� (1) Maintain 24-hour supervision when persons are confined. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.

�� (2) Make a personal inspection of each person confined at least once each hour.

�� (3) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.

�� (4) Ensure that confined detainees and prisoners will be fed daily at least three nutritionally adequate meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other such purposes.

�� (5) Forward, without examination or censorship, each prisoner�s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.

�� (6) Provide rules of the facility governing correspondence and visitations.

�� (7) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.

�� (8) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and policies and regulations for the operation of the facility.

�� (9) Ensure that the facility be clean, provide mattresses and blankets that are clean and fire-retardant, and furnish materials to maintain personal hygiene.

�� (10) Provide for emergency medical and dental health, having written policies providing for review of the facility�s medical and dental plans by a licensed physician, physician associate, naturopathic physician or nurse practitioner.

�� (11) In addition to the items listed in subsection (9) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities 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:

�� (a) Regular absorbent and super absorbent tampons;

�� (b) Regular absorbent and super absorbent sanitary pads;

�� (c) Postpartum pads; and

�� (d) Regular absorbent panty liners. [1979 c.487 �7 (enacted in lieu of 169.075); 1987 c.320 �93; 2013 c.63 �3; 2014 c.45 �30; 2017 c.356 �21; 2019 c.489 �2; 2024 c.73 �44]

�� 169.078 Standards for temporary hold facilities. Each temporary hold shall:

�� (1) Provide access to sanitation facilities.

�� (2) Provide adequate seating.

�� (3) Maintain supervision of prisoners or detainees when confined. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.

�� (4) Prohibit firearms from the secure area except in times of emergency.

�� (5) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. [1979 c.487 �8 (enacted in lieu of 169.075); 1987 c.320 �94; 2013 c.63 �4]

�� 169.079 [1979 c.487 �9 (enacted in lieu of