and used to house prisoners of the parties to the agreement, such

169.630 and used to house prisoners of the parties to the agreement, such prisoners having either pretrial or post-trial status. [1971 c.636 �2; 1985 c.708 �2]

����� 169.630 Joint establishment or operation of facilities; agreement. (1) Two or more counties, two or more cities, any combination of them, or the State of Oregon in combination with one or more cities or counties or both, may by agreement entered into pursuant to ORS 190.003 to 190.620, construct, acquire or equip, or may by such agreement operate, a regional correctional facility.

����� (2) An agreement pursuant to this section shall set forth at least:

����� (a) The party or combination of parties to the agreement that shall be responsible for the operation and administration of the facility;

����� (b) The amount of funding to be contributed by each party toward the construction or acquisition and equipping of the facility, or toward the operation of the facility, or toward both, as the case may be; and

����� (c) The number of beds to be reserved to the use of each party to the agreement. [1971 c.636 �3; 1985 c.708 �3]

����� 169.635 Provision of personal hygiene products. Regional correctional facilities shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all 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:

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

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

����� (3) Postpartum pads; and

����� (4) Regular absorbent panty liners. [2019 c.489 �4]

����� 169.640 Status of facility for custody of misdemeanants and violators. (1) For purposes of sentencing and custody of a misdemeanant, a regional correctional facility shall be considered a county local correctional facility.

����� (2) For purposes of sentencing or custody of a person for violating a city ordinance, the regional correctional facility shall be considered a city local correctional facility. [1971 c.636 �4; 1973 c.740 �27]

����� 169.650 Status of facility operated by Department of Corrections. A regional correctional facility operated under agreement by the Department of Corrections is not a state institution but it may be located in the same buildings as are used for a facility authorized by ORS 421.805. [1971 c.636 �7; 1987 c.320 �100]

����� 169.660 Status of persons confined in facility operated by Department of Corrections; assignment to regional facility. (1) Persons confined in a regional correctional facility operated by the Department of Corrections shall be considered to be in the custody of the department and shall be subject to such rules as the department may prescribe.

����� (2) Persons committed to the custody of the Department of Corrections may be assigned to Department of Corrections bedspace at a regional correctional facility when the department is a party to the operation of the facility. Prisoners so assigned are subject to such rules as the department may prescribe and shall be considered to remain in the custody of the department regardless of whether, pursuant to agreement, the regional correctional facility is or is not under the actual administration of the department. [1971 c.636 �5; 1985 c.708 �4; 1987 c.320 �101]

����� 169.670 Transfer of persons to facility operated by Department of Corrections; costs; return; exception. Whenever the governing body of a county or city transfers a misdemeanant or violator or a person with pretrial or post-trial status to a regional correctional facility operated by the Department of Corrections, the county or city shall pay the cost of transportation to and from the facility and other expenses incidental thereto, including the expenses of law enforcement officers accompanying the misdemeanant, violator or person with pretrial or post-trial status. The Department of Corrections shall cause at the expense of the county or city, each misdemeanant, violator or person with pretrial or post-trial status transferred to its custody under ORS 169.660 to be returned upon request of the governing body of the county or city. However, such return is not required when the release is pursuant to work release or parole where other arrangements have been made for the placement of the misdemeanant, violator or person with pretrial or post-trial status. [1971 c.636 �6; 1987 c.320 �102]

����� 169.673 Conversion of state correctional institutions into regional correctional facilities. (1) The Department of Corrections shall negotiate with Marion County and Umatilla County, respectively, the conversion of Oregon State Correctional Institution and Eastern Oregon Correctional Institution into regional correctional facilities to house both state and county prisoners. The department shall include in the negotiations any other nearby counties desiring to participate in the operation of the regional correctional facility.

����� (2) If agreement is reached with Marion County, in the case of the Oregon State Correctional Institution, and with Umatilla County, in the case of Eastern Oregon Correctional Institution, the department shall proceed to operate those institutions, or either of them as to which agreement is negotiated, as regional correctional facilities according to the terms of the agreement. [1985 c.708 �6; 1987 c.320 �103]

����� 169.677 Converted facilities to house felony or misdemeanant prisoners. If a Department of Corrections institution is made to operate as a regional correctional facility pursuant to agreement under ORS 169.673, the purposes of the institution shall include the imprisonment of either felony or misdemeanant prisoners, or both, of the parties to the agreement under which the facility is operated. [1985 c.708 �7; 1987 c.320 �104]

����� 169.680 [1971 c.636 �8; repealed by 1985 c.708 �9]

PROVISION OF CORRECTIONAL FACILITY TELEPHONE SERVICES

����� 169.681 Limit on telephone service provider fee or commission; quarterly report; rules. (1) An inmate telephone service provider may not provide a fee or commission to a local or regional correctional facility, city or county for the provision of inmate telephone services other than a fee of five cents per minute or less, or other amount authorized by the Public Utility Commission by rule, for completed interstate, intrastate or international calls.

����� (2) The per-minute rate limits described in ORS 169.683 apply to the fee described in subsection (1) of this section.

����� (3) Any fee or commission received by a local or regional correctional facility, city or county under subsection (1) of this section must be deposited in the Inmate Welfare Fund Account, established under ORS 169.685, of the city or county receiving the fee or commission, or of the city or county in which the correctional facility receiving the fee or commission is located.

����� (4)(a) A local or regional correctional facility, city or county that receives a fee or commission described in subsection (1) of this section shall prepare a quarterly report with the following information:

����� (A) A monthly accounting of the total revenue received from the inmate telephone service provider;

����� (B) The total per-minute fees received;

����� (C) The share of revenue received by the correctional facility, city or county; and

����� (D) A detailed list of expenditures during the previous quarter from the Inmate Welfare Fund Account established under ORS 169.685.

����� (b) The correctional facility, city or county shall make the report described in paragraph (a) of this subsection available to the public and shall place a link to the report on the website of the correctional facility, city or county.

����� (5) The Public Utility Commission may adopt rules to carry out the provisions of this section, including rules that authorize fees in an amount other than that described in subsection (1) of this section.

����� (6) As used in this section, �regional correctional facility� has the meaning given that term in ORS 169.620. [2019 c.335 �4]

����� 169.683 Requirements for request for proposals; contents of contract; per-minute rate limits; rules. (1) A local or regional correctional facility, city or county that issues a request for proposals to procure inmate telephone services shall:

����� (a) Consider call quality as a primary consideration when evaluating proposals; and

����� (b) Weight call quality at not less than 35 percent of the total weight that the correctional facility, city or county gives to all factors in the final evaluation of a proposal.

����� (2) A contract between a local or regional correctional facility, city or county and an inmate telephone service provider must include a requirement that the provider submit a monthly report to the correctional facility, city or county containing the following information for the previous month:

����� (a) All revenue earned;

����� (b) Any fees charged;

����� (c) Any moneys paid to the correctional facility, city or county;

����� (d) The number of completed calls;

����� (e) The number of dropped calls; and

����� (f) The number of complaints concerning call quality.

����� (3) A contract between a local or regional correctional facility, city or county and an inmate telephone service provider must comply with the following per-minute rate limits except as otherwise authorized by the Public Utility Commission by rule:

����� (a) For local or regional correctional facilities with less than 350 beds:

����� (A) $0.21 per minute for prepaid intrastate and interstate calls.

����� (B) $0.25 per minute for collect intrastate and interstate calls.

����� (C) $0.50 per minute for international calls to Mexico or Canada.

����� (D) $0.67 per minute for all other international calls.

����� (b) For facilities with at least 350 beds but less than 1,000 beds:

����� (A) $0.19 per minute for prepaid intrastate and interstate calls.

����� (B) $0.23 per minute for collect intrastate and interstate calls.

����� (C) $0.50 per minute for international calls to Mexico or Canada.

����� (D) $0.67 per minute for all other international calls.

����� (c) For facilities with at least 1,000 beds:

����� (A) $0.17 per minute for prepaid intrastate and interstate calls.

����� (B) $0.21 per minute for collect intrastate and interstate calls.

����� (C) $0.50 per minute for international calls to Mexico or Canada.

����� (D) $0.67 per minute for all other international calls.

����� (4) A contract between a local or regional correctional facility, city or county and an inmate telephone service provider may not authorize the collection of any fee other than the following:

����� (a) The fees described in ORS 169.681 (1).

����� (b) For a paper copy of a billing statement requested by a customer, a $2 fee per statement or other fee authorized by the commission by rule.

����� (c) For electronic deposits of less than $25, a deposit fee of $1.50 or other fee authorized by the commission by rule.

����� (d) For electronic deposits of $25 or more, a deposit fee of $3 or other fee authorized by the commission by rule.

����� (e) For deposits facilitated by a live operator, a deposit fee of $5.95 or other fee authorized by the commission by rule.

����� (5) Nothing in this section prohibits a contract from authorizing or collecting taxes or other fees required by law.

����� (6) The Public Utility Commission may adopt rules to carry out the provisions of this section, including rules that authorize per-minute rates and fees other than the rates and fees described in this section.

����� (7) As used in this section, �regional correctional facility� has the meaning given that term in ORS 169.620. [2019 c.335 �5]

����� 169.685 Inmate Welfare Fund Account. (1) A city or county that maintains a local or regional correctional facility shall establish an Inmate Welfare Fund Account, separate and distinct from the general fund of the city or county. All moneys in the account may be expended only for inmate welfare and may not be used for regular inmate meals, inmate clothing, inmate medical care, facility maintenance or staff salaries, staff clothing or staff equipment.

����� (2) As used in this section:

����� (a) �Inmate welfare� means items or programs that enhance the lives of inmates, including but not limited to education programs, job training programs, drug and alcohol treatment programs, exercise equipment, televisions, cable subscriptions, electronic law library access, magazine subscriptions, books, board games, microwaves available for inmate use and meals or other foods provided for special events.

����� (b) �Regional correctional facility� has the meaning given that term in ORS 169.620. [2019 c.335 �6]

HALFWAY HOUSES

����� 169.690 Establishment of halfway houses and other facilities; advice of facility advisory subcommittee of local public safety coordinating council. (1)(a) Before the Department of Corrections, Department of Human Services, Oregon Health Authority, Oregon Youth Authority or any city, county or other public agency establishes a facility described in paragraph (b) of this subsection, the city, county, department, authority or agency shall fully inform the local public safety coordinating council convened under ORS 423.560 of the following:

����� (A) The proposed location, estimated population size and use of the facility;

����� (B) The proposed number and qualifications of resident professional staff at the facility;

����� (C) The proposed rules of conduct for residents of the facility; and

����� (D) Other relevant information that the city, county, department, authority or agency responsible for establishing the facility considers appropriate or that the council requests. Nothing in this subparagraph authorizes the disclosure of information that is protected under state or federal law.

����� (b) The facilities to which paragraph (a) of this subsection applies are:

����� (A) Halfway houses, work release centers or any other domiciliary facilities for persons released from any penal or correctional facility but still in the custody of the city, county or public agency;

����� (B) Youth care centers or other facilities authorized to accept adjudicated youths under ORS