Title 169 · ORS Chapter 169

169.677. [Amended by 1973 c.740 �21; 1996 c.4 �5; 1999 c.801 �4] ����� 169.330 Civil liability for release of prisoner. When a prisoner has been committed to the county local correctional facility

Citation: ORS 169.677

Section: 169.677

169.677. [Amended by 1973 c.740 �21; 1996 c.4 �5; 1999 c.801 �4]

����� 169.330 Civil liability for release of prisoner. When a prisoner has been committed to the county local correctional facility to be held until the prisoner has paid a sum of money to a private party, or a fine or penalty to the state, and is permitted to depart the facility without legal order or process, the private party or the state may recover in a civil action against the sheriff, the damages sustained by reason of the prisoner�s departure. [Amended by 1961 c.649 �8; 1973 c.740 �22]

����� 169.340 Liability for escape of defendant in a civil action. (1) A sheriff who suffers the escape of a prisoner, arrested or in a local correctional facility, without the consent or connivance of the party on whose behalf the arrest or imprisonment was made, is liable to an action by such party, as follows:

����� (a) When the arrest is upon an order of arrest in a civil action, suit or proceeding; when the presence of the defendant at the return of the summons is necessary to enable the plaintiff to proceed therein, and the defendant does not appear at the time and place specified in the summons.

����� (b) When the arrest or imprisonment is upon an order of arrest in any other civil action, suit or proceeding, or upon a surrender in exoneration of the sheriff or security release, and the defendant is not found upon an execution against the person of the defendant issued to the proper county on a judgment in such action, suit, or proceeding.

����� (c) When the arrest is on an execution or commitment to enforce the payment of money, and the party interested is not recaptured or surrendered into custody at the expiration of the time limited for the service thereof, or legally discharged therefrom.

����� (d) When a person is imprisoned on an execution or commitment to enforce the payment of money, and the person escapes after the time limited for the service, and is not recaptured or surrendered before an action is commenced for the escape.

����� (2) The measure of damages in an action brought under subsection (1) of this section, is as follows:

����� (a) For the escape mentioned in subsection (1)(a) of this section, the actual damages sustained.

����� (b) In any other case, the amount expressed in the execution or commitment. [Amended by 1973 c.740 �23; 1999 c.1051 �259; 2003 c.576 �392]

����� 169.350 Liability for failing to serve papers. When a sheriff or the officer of the sheriff, upon whom is served a paper in a judicial proceeding directed to a prisoner in the custody of the sheriff or officer, fails to forthwith deliver it to the prisoner, with a note thereon of the time of its service, the sheriff is liable to the prisoner for all damages occasioned thereby, and if the sheriff or officer willfully fails to so act, such sheriff or officer is guilty of a misdemeanor.

����� 169.360 Appointment of keeper of local correctional facility. The sheriff may appoint a keeper of the county local correctional facility, to be denominated the jailer, for whose acts as such the sheriff is responsible. The appointment shall be in writing, and the sheriff shall file a certified copy thereof in the office of the county clerk. [Amended by 1973 c.740 �24]

����� 169.370 [Repealed by 1961 c.22 �1]

����� 169.380 [Amended by 1973 c.740 �25; repealed by 1981 c.41 �3]

����� 169.510 [Repealed by 1963 c.547 �11]

����� 169.520 [Amended by 1959 c.687 �4; repealed by 1963 c.547 �11]

����� 169.530 [Amended by 1973 c.740 �26; repealed by 2019 c.147 �2]

����� 169.540 [Repealed by 2019 c.147 �2]

REGIONAL FACILITIES

����� 169.610 Policy. It is the policy of the Legislative Assembly to encourage better rehabilitative care to misdemeanants by encouraging the establishment of regional correctional facilities that can effectively provide a program that not only includes better custodial facilities than can be provided by cities or counties individually, but also that can provide work release, educational and other types of leave, and parole supervision by the Department of Corrections. [1971 c.636 �1; 1987 c.320 �99]

����� 169.620 �Regional correctional facility� defined. As used in ORS 169.610 to 169.677, �regional correctional facility� means a correctional facility operated pursuant to agreement as described in ORS