Chapter 421 — Department of Corrections Institutions; Compacts

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2001 EDITION

GENERAL PROVISIONS

421.005 Definitions. As used in this chapter, unless the context requires otherwise:

(1) "Department" means the Department of Corrections.

(2) "Department of Corrections institutions" means those Department of Corrections facilities used for the incarceration of persons sentenced to the custody of the Department of Corrections, and includes the satellites, camps or branches of those facilities.

(3) "Director" means the Director of the Department of Corrections.

(4) "Discharge" means any lawful release from a state correctional institution pursuant to the expiration of a judicial sentence or other incarcerative sanction.

(5) "Release authority" means an entity having authority to grant release in a particular case. [Amended by 1959 c.687 §6; 1965 c.616 §47; 1969 c.502 §8; 1971 c.212 §1; 1983 c.505 §7; 1987 c.320 §7; 1989 c.790 §55]

421.010 [Renumbered 421.605]

421.012 [Formerly 421.086; repealed by 1969 c.502 §27]

421.015 [Amended by 1953 c.476 §5; repealed by 1965 c.616 §48 (421.016 enacted in lieu of 421.015)]

421.016 [1965 c.616 §49 (enacted in lieu of 421.015); 1969 c.502 §1; 1971 c.212 §2; repealed by 1987 c.320 §246]

421.020 [Amended by 1953 c.476 §5; repealed by 1965 c.616 §101]

421.025 [Amended by 1953 c.476 §5; repealed by 1959 c.80 §2]

421.030 [Renumbered 421.615]

421.035 [Amended by 1955 c.660 §28; repealed by 1963 c.554 §3]

421.055 [Amended by 1965 c.616 §50; 1987 c.320 §160; repealed by 1997 c.851 §17]

421.060 [Amended by 1959 c.687 §7; repealed by 1995 c.384 §28]

421.065 [Amended by 1959 c.687 §8; 1965 c.616 §51; 1975 c.631 §2; 1987 c.320 §161; 1993 c.18 §106; repealed by 1995 c.384 §28]

ADMINISTRATION

421.068 Revenue from certain sources to be used to enhance inmate activities and programs. (1) Revenues, less operating expenses, from the following sources shall be deposited into an account established by the Department of Corrections to provide money to enhance inmate activities and programs including education programs:

(a) Operation of correctional institution canteens;

(b) Operation of the vending machines in the inmate visiting area of correctional institutions;

(d) Funds confiscated from the inmates under existing disciplinary procedures; and

(e) Funds donated under administrative rules promulgated by the Director of the Department of Corrections.

(2) The Department of Corrections shall limit use of the fund to uses benefiting the general inmate population and enhancing inmate activities and programs including education programs. [1991 c.663 §1]

Note: 421.068 and 421.081 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

421.070 [Amended by 1959 c.687 §9; repealed by 1965 c.616 §101]

421.073 Housing of Inmates from Other Jurisdictions Account. The Housing of Inmates from Other Jurisdictions Account is created within the General Fund. Moneys credited to the account are continuously appropriated to the Department of Corrections for costs of incarceration. The Department of Corrections shall deposit all moneys received by the department as reimbursement under ORS 169.053 (3) into the account. [1996 c.1 §2]

Note: 421.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

421.075 [Amended by 1955 c.389 §1; 1959 c.687 §10; 1965 c.616 §52; 1969 c.597 §132; repealed by 1983 c.574 §5]

421.077 [1975 c.443 §1; repealed by 1979 c.204 §1]

421.080 [1955 c.660 §1; renumbered 421.705]

421.081 Corrections Education Advisory Committee; membership; duties. (1) A Corrections Education Advisory Committee is established. Membership of the committee consists of:

(a) The Administrator of Correctional Education, who shall be the chairperson of the committee;

(b) The Superintendent of Public Instruction, or a person designated by the superintendent;

(d) The chairperson of the State Board of Parole and Post-Prison Supervision, or a person designated by the chairperson; and

(e) A public member, to be appointed by the Governor, with professional experience in correctional education.

(2) The Administrator of Correctional Education shall plan, design and implement a correctional educational delivery system that can be operated within the existing correctional institutions for inmates of those institutions. The Corrections Education Advisory Committee shall advise the administrator in the planning, design and implementation.

(3)(a) The primary objective of the correctional education system is the functional literacy program created in ORS 421.084.

(b) The secondary objective is to provide professional and technical education that will insure that inmates who complete the professional and technical program will possess, at a minimum, entry-level marketable professional and technical skills in an occupational field for which there is a demand in this state.

(4) The Administrator of Correctional Education shall provide staff for the committee and shall have administrative control and accountability for the work of the committee. [1991 c.855 §2]

Note: See note under 421.068.

421.082 [1975 c.443 §2; 1987 c.320 §162; 1989 c.363 §1; repealed by 1991 c.855 §6]

421.083 [1955 c.660 §2; renumbered 421.710]

421.084 Inmate functional literacy program; contents. (1) The Corrections Education Advisory Committee shall assist in the development, and the Administrator of Correctional Education shall design a functional literacy program for all individuals in the custody of the Department of Corrections. The program shall:

(a) Test individuals for functional literacy level. Testing for basic intelligence, learning disabilities, developmental disabilities and adaptive behavior skills shall be administered as needed except that the administrator may accept equivalent test results from other sources;

(b) Except as provided in subsection (2) of this section, be mandatory for all individuals testing below a functional literacy level which is defined as a score of 230 on the Oregon Basic Adult Skills Inventory System functional literacy test or a 8.0 grade equivalency on other standardized tests;

(c) Consist of a minimum of 90 days of instruction in functional literacy consisting of one and one-half hours of instruction per day for five days per week, provide progress testing and certification and provide for voluntary attendance beyond the 90-day minimum program;

(d) Provide strong incentives for entering and successfully completing the literacy program and for continuing in the program beyond the 90-day minimum period; and

(e) Maintain records of an individual’s achievement in the program and make those records available to the State Board of Parole and Post-Prison Supervision.

(2) Testing for functional literacy level and participation in the functional literacy program are not required for inmates:

(a) Sentenced to less than one year;

(b) Sentenced to life imprisonment without parole;

(d) Who are developmentally disabled.

(3) For the purposes of this section, "functional literacy" means those educational skills necessary to function independently in society, including but not limited to, reading, writing, comprehension and arithmetic computation. [1989 c.363 §3; 1991 c.855 §4]

INMATE RIGHTS

421.085 Experimentation on inmates prohibited; inmate’s right to judicial restraint of violation; action for damages. (1) As used in this section:

(a) "Medical experimentation or research" includes, but is not limited to, the testing and use of drugs and medication, medical and surgical procedures, exposure to substances or conditions or physical manipulation to ascertain their nontherapeutic effect on human beings, and any substance, condition, drug, medication, treatment, or procedure that is not generally recognized and accepted as therapeutic in the medical profession.

(b) "Psychiatric or psychological experimentation or research" includes, but is not limited to, any treatment, therapy, drug, medication, procedure, surgery, or device not generally recognized and accepted as therapeutic in the psychiatric and psychological professions.

(2) There shall be no medical, psychiatric, or psychological experimentation or research with inmates in Department of Corrections institutions of the State of Oregon.

(3) Notwithstanding ORS 137.260, an inmate in any Department of Corrections institution is entitled to maintain an action to restrain any violation of this section or to maintain an action to recover damages caused by a violation of this section. [1973 c.371 §2; 1987 c.320 §163]

421.086 [1955 c.660 §11; renumbered 421.012]

421.095 [1973 c.210 §2; 1987 c.320 §164; repealed by 1997 c.851 §17]

CUSTODY OF INMATES

421.105 Enforcement of rules; violence and injury to inmates prohibited. (1) The superintendent may enforce obedience to the rules for the government of the inmates in the institution under the supervision of the superintendent by appropriate punishment but neither the superintendent nor any other prison official or employee may strike or inflict physical violence except in self-defense, or inflict any cruel or unusual punishment.

(2) The person of an inmate sentenced to imprisonment in the Department of Corrections institution is under the protection of the law and the inmate shall not be injured except as authorized by law. [Amended by 1953 c.476 §5; 1969 c.502 §9; 1987 c.158 §75; 1987 c.320 §165]

421.110 [Amended by 1955 c.532 §1; subsection (3) of 1959 Replacement Part enacted as 1955 c.485 §2; 1961 c.412 §2; renumbered 137.240]

421.112 [1955 c.660 §10; 1961 c.412 §3; renumbered 137.250]

421.115 [Repealed by 1955 c.532 §3]

421.120 Reduction in term of sentence of inmates; rules. (1) Each inmate confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any term other than life, and whose record of conduct shows that the inmate faithfully has observed the rules of the institution, shall be entitled to a deduction from the term of sentence to be computed as follows:

(a) From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of such sentence actually served in the Department of Corrections institution.

(b) From the term of a sentence of more than one year, one day shall be deducted for every two days of such sentence actually served in the Department of Corrections institution.

(c) From the term of any sentence, one day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity, and one day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified, and one day for every six days of such work actually performed or educational activity certified after the fifth year of prison employment.

(d) From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of such work actually performed thereafter.

(e) From the term of any sentence one day shall be deducted for every six days’ work performed at work camp during the first year of prison employment, and one day for every four days thereafter. Once the four-day rate is achieved it may be applied to subsequent work or education release programs while the inmate is serving the same term.

(f) The deductions allowed in paragraphs (c), (d) and (e) of this subsection shall be in addition to those allowed in paragraphs (a) and (b) of this subsection.

(g) In this subsection, "prison employment" includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp.

(h) The Department of Corrections shall develop pursuant to the rulemaking provisions of ORS 183.310 to 183.550 a uniform procedure for granting, retracting and restoring deductions allowed in paragraphs (a) to (g) of this subsection.

(2) When a paroled inmate violates any condition of parole, no deduction from the term of sentence, as provided in subsection (1) of this section, shall be made for service by such inmate in the Department of Corrections institution prior to acceptance and release on parole, except when authorized by the State Board of Parole and Post-Prison Supervision upon recommendation of the superintendent thereof.

(3) The provisions of this section shall apply only to offenders sentenced for felonies committed prior to November 1, 1989. [Amended by 1953 c.560 §2; 1955 c.505 §1; 1957 c.686 §1; 1969 c.502 §10; 1973 c.562 §1; 1975 c.264 §1; 1977 c.374 §2; 1981 c.425 §2; 1985 c.53 §1; 1987 c.320 §166; 1989 c.790 §56]

421.121 Reduction in term of incarceration; rules. (1) Except as provided in ORS 137.635, each inmate sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, shall be eligible for a reduction in the term of incarceration for appropriate institutional behavior, as defined by rule of the Department of Corrections, and for participation in the functional literacy program described in ORS 421.084.

(2) The maximum amount of time credits earned for appropriate institutional behavior or for participation in the functional literacy program described in ORS 421.084 shall not exceed 20 percent of the total term of incarceration in a Department of Corrections institution.

(3) The time credits shall not be used to shorten the term of actual prison confinement to less than six months.

(4) The department shall adopt rules pursuant to the rulemaking provisions of ORS 183.310 to 183.550 to establish a process for granting, retracting and restoring the time credits earned by the offender as allowed in subsections (1) to (3) of this section. [1989 c.790 §§60,61; 1991 c.855 §5]

421.122 Status of time enrolled in work release. For purposes of ORS 421.120, the time that a person is enrolled in good standing in the work release program is considered to be part of the sentence of the person actually served in the Department of Corrections institution. Employment performed by an enrollee while so enrolled is considered to be prison employment and shall qualify for the reduction in sentence authorized under ORS 421.120 (1)(d) in addition to any other reduction for which the enrollee may qualify. [1965 c.463 §15; 1969 c.361 §1; 1987 c.320 §167]

421.125 Clothing and money for released inmate; inmate moneys; rules. (1) Upon the discharge or parole of any inmate from the Department of Corrections, the department shall see that such discharged or paroled inmate is properly clothed.

(2) It is the responsibility of every inmate of the Department of Corrections, during the inmate’s term of imprisonment, to accumulate funds in anticipation of parole, discharge or other authorized prerelease and for the purposes set out in this subsection. The Department of Corrections shall adopt rules to:

(a) Safeguard inmate moneys, whether such moneys are from earnings of the inmate while in a Department of Corrections facility, or from other sources, and to provide for disbursement of such moneys to the inmate following the inmate’s release from imprisonment;

(b) Establish, within appropriations provided for this purpose, a program of release funds to be provided for those inmates who have not been able to accumulate sufficient moneys to accommodate their release needs;

(c) Assess fees to the inmate for self-improvement programs, services and assistance provided by the department when the inmate has moneys to pay for such programs, services and assistance;

(d) Permit inmates to purchase elective programs, services or assistance which are approved by, but are not provided by, the department; and

(e) Assess the inmate for damages or destruction caused by willful misconduct of the inmate.

(3) An inmate sentenced to the custody of the Department of Corrections by an Oregon court is eligible to apply for release funds for a period up to 90 days following the release of the inmate from the Department of Corrections facility by parole or discharge, including a release to the legal custody of another authority in this state. However, inmates eligible to apply for release funds do not include inmates released to the legal custody of another authority in this state for ultimate transfer to the custody of a law enforcement or corrections agency in another state. An inmate released to the legal custody of another authority in this state is not eligible to apply for release funds so long as the person is imprisoned under such authority. [Amended by 1955 c.265 §1; 1967 c.612 §1; 1969 c.502 §11; 1969 c.597 §122b; 1969 c.678 §3; 1983 c.447 §1; 1987 c.320 §168]

421.130 [Repealed by 1959 c.687 §24]

421.135 [Renumbered 421.625]

421.137 Labeling of goods made in hobby and recreation programs; disposition of sale price. (1) The requirements imposed by this chapter on the labeling and sale of goods, wares and merchandise made by inmates in any Department of Corrections institution do not apply to any goods, wares or merchandise made as part of any hobby or recreation program at the institutions or made by an inmate on the inmate’s own time.

(2) The balance of any proceeds from the sale of any goods, wares or merchandise made by an inmate made as part of a hobby or recreation program or on the inmate’s own time, after deducting any amount that has been distributed to the inmate as spending money in accordance with rules made by the Director of the Department of Corrections, shall be paid to the inmate upon release. [1971 c.275 §2; 1987 c.320 §169]

421.140 [Renumbered 421.408]

421.142 Manufacture and sale of handiwork; disposition of sale price. (1) The superintendent of the Department of Corrections institution hereby is vested with authority, in the discretion of the superintendent, to allow the manufacture of small articles of handiwork by the inmates of the Department of Corrections institution, out of raw materials purchased by the inmates with their own funds, which articles may be sold to the public at the Department of Corrections institution. State-owned property shall not be sold or given to inmates under this section.

(2) The superintendent of the Department of Corrections institution in which the inmate manufacturing the article is confined may provide that all or a part of the sales price of the articles be deposited to the account of the inmate manufacturing the article. [1953 c.537 §1; 1969 c.502 §12; 1987 c.320 §170]

421.145 Disposition of moneys earned by inmates. No moneys obtained from the sale of the products of any inmate’s labor shall be applied toward the maintenance of the inmate or the support of the dependents of the inmate, or shall become a part of the betterment fund of the Department of Corrections institution, until all the cost of operation, maintenance, depreciation and other expenses in connection with the plant of the Department of Corrections institution industry in which the inmate is employed are fully paid from the fund arising from the sale of such products. [Amended by 1959 c.687 §11; 1987 c.320 §171]

421.150 Custody of federal prisoners. Whenever the proper authorities of the United States desire that United States prisoners be imprisoned in a Department of Corrections institution, the Department of Corrections may make arrangements for the custody of the prisoners upon terms that will be just to both this state and the United States. [Formerly 421.230; 1987 c.320 §172]

421.155 Dangerous offenders to be observed and treated. Any person sentenced under ORS 161.725 and 161.735, shall be given such physical, mental and psychiatric observation and treatment as is available and may tend to rehabilitate such person and make possible the earliest possible release from the Department of Corrections institution in which such person is confined, with the least possible danger to the health and safety of others. [Formerly 421.232; 1971 c.743 §364; 1987 c.320 §173]

421.160 Written report concerning conduct of dangerous offenders. The executive officer of the Department of Corrections institution in which a person sentenced under ORS 161.725 and 161.735 is confined, shall make the reports required by ORS 144.228 (2). All such reports shall be made available to the Director of the Department of Corrections. [Formerly 421.233; 1969 c.597 §133; 1971 c.743 §365; 1987 c.320 §174]

421.165 [Formerly 421.239; 1963 c.269 §1; 1967 c.354 §2; 1969 c.502 §13; 1969 c.597 §134; 1980 c.9 §1; 1983 c.516 §1; 1987 c.320 §175; 1989 c.790 §57; 1989 c.1024 §1; repealed by 1989 c.790 §58]

421.166 Emergency leave. The Director of the Department of Corrections shall establish by rule an emergency leave program. An inmate may be granted emergency leave not to exceed 10 days in length for the following purposes:

(1) To visit a terminally ill member of the inmate’s family if the member lives within the state.

(2) To visit a gravely ill or injured child of the inmate if the child lives within the state.

(3) To attend the funeral of a member of the inmate’s immediate family if the funeral is in the state. [1989 c.790 §62]

421.168 Transitional leave. (1) The Director of the Department of Corrections shall establish by rule a short-term transitional leave program. The program shall provide inmates with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the inmate’s discharge to post-prison supervision.

(2) An inmate may submit a transition plan to the Department of Corrections. The plan shall indicate that the inmate has secured an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 30 days is an essential part of the offender’s successful reintegration into the community.

(3) Upon verification of the inmate’s transition plan, the department may grant a transitional leave no more than 30 days prior to the inmate’s discharge date.

(4) No inmate shall be eligible for transitional leave before having served six months of prison incarceration.

(5) The department shall establish by rule a set of release conditions for offenders released on transitional leave status. An offender on transitional leave status shall be subject to immediate return to prison for any violation of the conditions of release.

(6) The provisions of this section do not apply to inmates whose sentences were imposed under ORS 137.635. [1989 c.790 §63]

421.170 Enrollment of inmate in work release program. The superintendent of the Department of Corrections institution in which an inmate is confined may recommend to the Director of the Department of Corrections that an inmate of the Department of Corrections institution be enrolled in the work release program established under ORS 144.420. If the inmate has not served at least one-fourth of the maximum term of the sentence, the superintendent must, prior to making a recommendation, consider the original recommendation, if any, of the sentencing court. [1965 c.463 §6; 1969 c.502 §14; 1987 c.320 §176]

INMATE DISCIPLINE

421.180 Disciplinary procedures. The Department of Corrections by rule shall adopt procedures to be utilized in disciplining persons committed to the physical and legal custody of the department. [1973 c.621 §4; 1983 c.211 §1; 1987 c.320 §177]

421.185 Assistance and representation in disciplinary procedures. The procedures adopted pursuant to ORS 421.180 shall provide that an inmate shall be entitled to assistance and representation under terms and conditions established by the Department of Corrections. Nothing in this section shall be construed to limit the authority of the department to designate persons eligible to assist and represent the inmate. [1973 c.621 §5; 1987 c.320 §178]

421.190 Admissible evidence at disciplinary hearing. Evidence may be received at disciplinary hearings even though inadmissible under rules of evidence applicable to court procedure and the department shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to afford the inmate a reasonable opportunity for a fair hearing. [1973 c.621 §6; 1987 c.320 §179]

421.194 Disciplinary orders not subject to judicial review. (1) Disciplinary orders of the Department of Corrections issued under procedures adopted pursuant to ORS 421.180 are not subject to judicial review by any court of this state.

(2) This section does not affect any right that an inmate may have to prosecute a writ of habeas corpus. [1995 c.108 §2]

421.195 [1973 c.621 §7; 1977 c.323 §1; 1977 c.374 §4; 1983 c.740 §144; 1987 c.320 §180; repealed by 1995 c.108 §5]

TRANSFER OF INMATES

421.205 Contracts with federal government, other states or counties, or other agencies for detention and care of inmates. (1) The Department of Corrections may enter into contracts or arrangements with the authorities of the federal government, of any state having a reformatory or prison for the confinement and detention of inmates that is not a party to the Interstate Corrections Compact under ORS 421.245 or the Western Interstate Corrections Compact under ORS 421.284, or of any county in this state. This contract may provide for the reception, detention, care, maintenance and employment of persons convicted of felony in the courts of this state and sentenced to a term of imprisonment therefor.

(2) The Department of Corrections may enter into contracts or arrangements with the federal government and with states that are not parties to the Interstate Corrections Compact under ORS 421.245 or the Western Interstate Corrections Compact under ORS 421.284 to receive, detain, care for, maintain and employ persons convicted of felony by the federal government or in such other states, on such basis as it may agree with the authorities of the federal government or of each state. [Amended by 1959 c.290 §9; 1971 c.242 §1; 1973 c.444 §1; 1979 c.486 §4; 1987 c.320 §181]

421.210 Transfer of inmates to contract institutions; term of confinement. After the making of a contract under ORS 421.205, persons convicted of felony in the courts of this state and sentenced to the legal and physical custody of the Department of Corrections, including those who, at the date of entering into the contract, are in the legal and physical custody of the Department of Corrections, may be conveyed, as provided by law, by the Department of Corrections to the jurisdiction named in the contract. They shall be delivered to the authorities of said jurisdiction, there to be confined until their respective sentences have expired or until they are otherwise discharged by law. [Amended by 1959 c.290 §10; 1969 c.502 §15; 1973 c.444 §2; 1987 c.320 §182]

421.211 [1955 c.309 §2; 1959 c.290 §11; 1959 c.687 §12; 1969 c.502 §16; repealed by 1973 c.444 §3]

421.213 Records of transfer; availability of information; rules. Whenever an inmate serving a sentence imposed by a court of this state is transferred from a Department of Corrections institution under this chapter, the superintendent of the Department of Corrections institution in which the inmate was confined shall retain a record of the transfer and shall make such information available to law enforcement agencies and the courts upon request. The Department of Corrections shall adopt rules governing the release of this information to other interested parties under ORS 192.410 to 192.505. [1955 c.309 §7; 1959 c.687 §13; 1967 c.471 §5; 1969 c.502 §17; 1983 c.248 §1; 1987 c.320 §183]

421.215 Procurement of transferred inmates when required for judicial proceedings. If the presence of any inmate confined in a county jail or in the institution of another state or the federal government, is required in any judicial proceeding of this state, the superintendent in charge of the institution from which the inmate was conveyed, upon being so directed by the Director of the Department of Corrections or upon the written order or direction of any court of competent jurisdiction or of a judge thereof, shall procure such inmate, bring the inmate to the place directed in such order and hold the inmate in custody subject to the further order and direction of the director, or of the court or of a judge thereof, until the inmate is lawfully discharged from custody. The superintendent shall, by direction of the director or of the court or a judge thereof, deliver such inmate into the custody of the sheriff of the county in which the inmate was convicted, and shall, by like order, return such inmate to the institution from which the inmate was taken. [Amended by 1955 c.309 §3; 1959 c.687 §14; 1965 c.616 §53; 1969 c.502 §18; 1983 c.740 §145; 1987 c.320 §184]

421.220 Return of transferred inmates. Upon the expiration of any contract entered into under ORS 421.205, all inmates of this state confined in such institution or jail shall be returned by the Department of Corrections to department custody, or delivered to such other institution as the Department of Corrections has contracted with under ORS 421.205. [Amended by 1955 c.309 §4; 1959 c.687 §15; 1965 c.616 §54; 1969 c.502 §19; 1983 c.740 §146; 1987 c.320 §185]

421.225 Expenses of superintendents. The superintendents shall be allowed and paid all their necessary expenses and disbursements incurred while performing any duty required of them by ORS 421.205, 421.210, 421.215 and 421.220. [Amended by 1955 c.309 §5; 1959 c.687 §16; 1969 c.502 §20]

421.229 Transfer of foreign inmates; authority of Governor; written approval of inmate. When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted criminal offender who is a citizen or national of a foreign country to the foreign country of which the offender is a citizen or national, the Governor is authorized to act, in accordance with the treaty, on behalf of the State of Oregon and to approve the transfer of the convicted criminal offender, provided that such offender approves of the transfer in writing. [1979 c.486 §5]

Note: 421.229 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

421.230 [Amended by 1959 c.687 §17; renumbered 421.150]

421.232 [1955 c.636 §4; 1961 c.424 §7; renumbered 421.155]

421.233 [1955 c.636 §8; 1961 c.424 §8; renumbered 421.160]

421.235 [Repealed by 1957 c.160 §6]

421.237 [1955 c.254 §2; repealed by 1957 c.160 §6]

421.239 [1955 c.59 §1; 1959 c.687 §18; renumbered 421.165]

421.240 [Amended by 1953 c.111 §3; renumbered 421.270]

INTERSTATE CORRECTIONS COMPACT

421.245 Interstate Corrections Compact. The Interstate Corrections Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

______________________________________________________________________________

ARTICLE I

PURPOSE AND POLICY

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(1) "State" means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico.

(2) "Sending state" means a state party to this compact in which conviction or court commitment was had.

(3) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(4) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(5) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (4) of this Article may lawfully be confined.

ARTICLE III

CONTRACTS

(1) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(a) Its duration.

(b) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

(c) Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom.

(d) Delivery and retaking of inmates.

(e) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(2) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

PROCEDURES AND RIGHTS

(1) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(2) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(3) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(4) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(5) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(6) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(7) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(8) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

(9) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION

(1) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(2) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained in this compact shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII

WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

OTHER ARRANGEMENTS UNAFFECTED

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

______________________________________________________________________________

[1979 c.486 §1]

Note: 421.245 to 421.254 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

421.250 Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. [1979 c.486 §2; 1987 c.320 §186]

Note: See note under 421.245.

421.254 Priority of corrections compacts. Whenever any state that is a party to the Western Interstate Corrections Compact becomes a party to the Interstate Corrections Compact, this state will perform its duty toward that state under the Interstate Corrections Compact instead of under the Western Interstate Corrections Compact in so far as the two compacts conflict. [1979 c.486 §3]

Note: See note under 421.245.

421.255 [1955 c.660 §6; 1959 c.550 §1; repealed by 1965 c.616 §101]

421.260 [1955 c.660 §7; 1959 c.550 §2; repealed by 1965 c.616 §101]

421.265 [1955 c.660 §8; 1959 c.550 §3; repealed by 1965 c.616 §101]

421.270 [Formerly 421.240; repealed by 1959 c.550 §4]

WESTERN INTERSTATE CORRECTIONS COMPACT

421.282 Definitions for ORS 421.282 to 421.294. As used in ORS 421.282 to 421.294, unless the context requires otherwise:

(1) "Compact" means the Western Interstate Corrections Compact as set forth in ORS 421.284.

(2) "Inmate," "institution" and "state" have the meanings defined in Article II of the compact. [1959 c.290 §2]

421.284 Western Interstate Corrections Compact. The Western Interstate Corrections Compact hereby is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

______________________________________________________________________________

ARTICLE I

PURPOSE AND POLICY

The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(a) "State" means a state of the United States, the Territory of Hawaii, or, subject to the limitation contained in Article VII, Guam.

(b) "Sending state" means a state party to this compact in which conviction was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.

(d) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

(e) "Institution" means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.

ARTICLE III

CONTRACTS

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

PROCEDURES AND RIGHTS

(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

ACTS NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the state so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.

ARTICLE VIII

WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

OTHER ARRANGEMENTS UNAFFECTED

ARTICLE X

CONSTRUCTION AND SEVERABILITY

___________________________________________________________________________

[1959 c.290 §3]

421.286 Commitments or transfers of inmates to institution in another state. Any court, agency or officer of this state having power to commit or transfer an inmate to an institution for confinement may commit or transfer the inmate to any institution in another state if this state has entered into a contract for the confinement of inmates in an institution of the other state pursuant to Article III of the compact. [1959 c.290 §4]

421.288 Enforcing and administering compact. All courts, agencies and officers of this state or any political subdivision therein shall enforce the compact and carry out its provisions including, but not limited to, making and submitting such reports as the compact requires. [1959 c.290 §5]

421.290 Hearings by director. (1) The Director of the Department of Corrections shall hold such hearings as are requested by another state pursuant to Article IV (f) of the compact. ORS 183.310 to 183.550 do not apply to these hearings, which shall be conducted in compliance with Article IV (f) of the compact.

(2) The cost of any hearing conducted under subsection (1) of this section shall be paid out of the Department of Corrections Revolving Fund. Reimbursements received from the state that requested the hearing shall be paid into the revolving fund. [1959 c.290 §6; 1965 c.616 §55; 1969 c.597 §135; 1987 c.320 §187]

421.292 Hearings in another state. (1) The State Board of Parole and Post-Prison Supervision may hold hearings in another state in connection with the case of an inmate confined in an institution of another state that is a party to the compact, or may request a hearing to be held by officers of the other state under Article IV (f) of the compact.

(2) The cost of any hearing conducted under subsection (1) of this section shall be paid by the Department of Corrections out of money appropriated to the department for the purpose of paying lawful expenses of the department. [1959 c.290 §7; 1969 c.597 §136; 1983 c.740 §147; 1987 c.320 §188]

421.294 Contracts to implement compact. The Department of Corrections may enter into any contracts on behalf of this state, not prohibited by any law of this state, as it considers appropriate to implement the participation of this state in the compact pursuant to Article III thereof. However, the department shall not enter into any contract:

(1) Relating to commitments or transfers of children who are under 12 years of age;

(2) Providing for commitments or transfers of inmates from another state who are 19 years of age or older to a youth correction facility, as defined in ORS 420.005; or

(3) Providing for commitments or transfers of youths in this state who are under 17 years of age to an institution in another state if any of the inmates in that institution are 21 years of age or older. [1959 c.290 §8; 1987 c.320 §189; 1996 c.4 §6; 2001 c.295 §14]

INTERSTATE FOREST FIRE SUPPRESSION COMPACT

421.296 Interstate Forest Fire Suppression Compact. The Interstate Forest Fire Suppression Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

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ARTICLE I

Purpose

The purpose of this compact is to provide for the development and execution of programs to facilitate the use of offenders in the forest fire suppression efforts of the party states for the ultimate protection of life, property and natural resources in the party states. The purpose of this compact is also, in emergent situations, to allow a sending state to cross state lines with an inmate when, because of weather or road conditions, it is necessary to cross state lines to facilitate the transport of an inmate.

ARTICLE II

Definitions

(1) "Sending state" means a state party to this compact from which a fire suppression unit is traveling.

(2) "Receiving state" means a state party to this compact to which a fire suppression unit is traveling.

(3) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

(4) "Institution" means any prison, reformatory, honor camp or other correctional facility, except facilities for the mentally ill or mentally handicapped, in which inmates may lawfully be confined.

(5) "Fire suppression unit" means a group of inmates selected by the sending states, corrections personnel and any other persons deemed necessary for the transportation, supervision, care, security and discipline of inmates to be used in forest fire suppression efforts in the receiving state.

(6) "Forest fire" means any fire burning in any land designated by a party state or the federal land management agencies as forestland.

ARTICLE III

Contracts

(1) Each party state may make one or more contracts with any one or more of the other party states for the assistance of one or more fire suppression units in forest fire suppression efforts. Any such contract shall provide for matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(2) The terms and provisions of this compact shall be part of any contract entered into by the authority of, or pursuant to, this compact. Nothing in any such contract may be inconsistent with this compact.

ARTICLE IV

Procedures and Rights

(1) Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each party state.

(2) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, which has entered into a contract pursuant to this compact, decide that the assistance of a fire suppression unit of a party state is required for forest fire suppression efforts, the authorities may request the assistance of one or more fire suppression units of any state party to this compact through an appointed liaison.

(3) Inmates who are members of a fire suppression unit shall at all times be subject to the jurisdiction of the sending state and at all times shall be under the ultimate custody of corrections officers duly accredited by the sending state.

(4) The receiving state must make adequate arrangements for the confinement of inmates who are members of a fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional confinement.

(5) Cooperative efforts shall be made by corrections officers and personnel of the receiving state located at a fire camp with the corrections officers and other personnel in the establishment and maintenance of fire suppression unit base camps.

(6) All inmates who are members of a fire suppression unit of a sending state shall be cared for and treated equally with such similar inmates of the receiving state.

(7) Further, in emergent situations, a sending state shall be granted authority and all the protections of this compact to cross state lines with an inmate when, because of road conditions, it is necessary to facilitate the transport of an inmate.

ARTICLE V

Acts Not Reviewable Receiving State Extradition

(1) If while located within the territory of a receiving state there occurs against the inmate within such state any criminal charge or if the inmate is suspected of committing within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(2) An inmate member of a fire suppression unit of the sending state who is deemed to have escaped by a duly accredited corrections officer of a sending state shall be under the jurisdiction of both the sending state and the receiving state. Nothing contained in this Article shall be construed to prevent or affect the activities of officers and guards of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

Entry into Force

This compact shall enter into force and become effective and binding upon approval of this compact by at least two of the states from among the States of Idaho, Oregon and Washington.

ARTICLE VII

Withdrawal and Termination

ARTICLE VIII

Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE IX

Construction and Severability

______________________________________________________________________________

[1991 c.302 §2]

421.297 Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. [1991 c.302 §3]

421.298 Duties of State Forester. The State Forester shall make reasonable efforts to use local available crews within Oregon before calling on fire suppression units from other states. [1991 c.302 §4]

INMATE INDUSTRIES AND COMMODITIES

421.305 Establishment of industries in institutions; authority of Oregon Corrections Enterprises; rules. (1) Subject to the authority of the Director of the Department of Corrections over care, custody and control of inmates and of corrections institutions, in carrying out the powers and duties generally described by ORS 421.354, Oregon Corrections Enterprises may:

(a) Install and equip plants in any of the Department of Corrections institutions, or any other location, for the employment of any of the inmates therein in forms of industry and employment not inconsistent with section 41, Article I, Oregon Constitution, and this chapter.

(b) Purchase, acquire, install, maintain and operate materials, machinery and appliances necessary in the conduct and operation of such plants.

(c) Make any and all contracts or agreements, enter into any partnerships, joint ventures or other business arrangements, create and participate fully in the operation of any business structure, including but not limited to the development of business structures for inmate work program systems and networks with any public, private, government, nonprofit or for-profit person or entity that in the judgment of Oregon Corrections Enterprises is necessary or appropriate to accomplish the marketing of products or services produced by inmates or the production of goods, wares or services by inmates.

(d) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all funds, appropriations and revenues received by Oregon Corrections Enterprises from any source.

(e) Determine, approve or adopt policies for the organization, administration and development of Oregon Corrections Enterprises.

(f) Sue in the name of Oregon Corrections Enterprises and be sued, plead and be impleaded in all actions, suits or proceedings in any forum brought by or against Oregon Corrections Enterprises by any and all private or local, federal or other public entities, agencies or persons. Oregon Corrections Enterprises shall not have authority to sue or be sued by the State of Oregon.

(g) Appoint and employ any instructional, administrative, professional, trade, occupational and other personnel as are necessary or appropriate to carry out the duties and missions of Oregon Corrections Enterprises, and prescribe their compensation and terms of office or employment.

(h) Purchase, acquire, receive, hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use, dispose of and hold title to real and personal property of any nature, including intellectual property, in the name of Oregon Corrections Enterprises.

(i) Hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use and dispose of any and all Oregon Corrections Enterprises products and services. Oregon Corrections Enterprises shall adopt policies regarding the sale of products and services of Oregon Corrections Enterprises, which products and services shall be sold for cash or on such terms as are approved by the administrator.

(j) Subject to ORS 283.085 to 283.092, borrow money for the needs of Oregon Corrections Enterprises in such amounts and for such time and upon such terms as may be determined by the administrator.

(k) Erect, construct, improve, develop, repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate, use, dispose of and hold title to buildings, structures and lands for Oregon Corrections Enterprises.

(L) Authorize, create, eliminate, establish, operate, reorganize, reduce or expand any program, system, facility or other unit of operation in furthering the missions of Oregon Corrections Enterprises.

services and the use of Oregon Corrections Enterprises facilities.

(n) Establish agreements with any state agency for the performance of such duties, functions and powers as the administrator may determine to be appropriate.

(o) Make available, by lease or otherwise, or control access to any Oregon Corrections Enterprises facilities or services or other of its properties and assets to such persons, firms, partnerships, associations or corporations and on such terms the administrator considers appropriate, charge and collect rent or other fees or charges therefor and terminate or deny any such access or any such lease or other agreement for such reasons as the administrator considers appropriate and as may be consistent with the obligations of Oregon Corrections Enterprises under any such lease or other agreement.

(p) Contract for the operation of any department, section, equipment or holdings of Oregon Corrections Enterprises and enter into any agreements with a person, firm or corporation for the management by a person, firm or corporation on behalf of Oregon Corrections Enterprises of any of its properties or for the more efficient or economical performance of clerical, accounting, administrative and other functions relating to its inmate work program facilities.

(q) Enter into affiliation, cooperation, territorial, management or other similar agreements with other public or private inmate work programs for the sharing, division, allocation or furnishing of services on an exclusive or a nonexclusive basis, management of facilities, formation of Oregon Corrections Enterprises systems and other similar activities.

(2) Products and services provided to a private vendor pursuant to a contract under subsection (1)(c) of this section are not subject to the limits imposed by ORS 421.312.

(3)(a) Plants may be installed or equipped for purposes of this section on the premises of a Department of Corrections institution upon approval by the Director of the Department of Corrections.

(b) The director shall have sole discretion regarding whether a plant may be installed on the premises of a Department of Corrections institution, and the director shall determine the manner of such installation.

(c) The director shall have sole discretion regarding access by any person to any plant under construction, installed or located on the premises of a Department of Corrections institution.

(d) The director may enter into any and all contracts or agreements, enter into any partnership, joint venture or other business arrangement and create and participate fully in the operation of any business structure, including but not limited to the development of business structures for inmate work program systems and networks with any public, private, government, nonprofit or for-profit person or entity that in the judgment of the director is necessary or appropriate to accomplish the production services by inmates.

(4) Compensation, if any, paid to inmates assigned to work in industries under this section shall be determined and established by the administrator of Oregon Corrections Enterprises upon the approval of the director. The prevailing wage paid in the marketplace for the work performed shall be paid to workers, other than inmates, who are employed to operate the industry provided for in this section.

(5) The director, in consultation with the administrator of Oregon Corrections Enterprises, shall adopt rules providing for the disposition of any compensation earned under this section. [Amended by 1965 c.616 §57; 1983 c.574 §1; 1987 c.320 §190; 1995 c.384 §11; 1997 c.851 §3; 1999 c.955 §15]

421.310 [Amended by 1955 c.55 §3; 1965 c.616 §58; 1969 c.349 §4; 1981 c.380 §1; 1983 c.574 §2; 1987 c.153 §2; 1987 c.320 §191; 1989 c.89 §1; 1995 c.384 §12; repealed by 1997 c.851 §17]

421.312 Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized. (1) The Department of Corrections or Oregon Corrections Enterprises may enter into contracts or agreements with any agency of the federal government providing for the sale to such agency of goods, wares or merchandise manufactured, mined or produced in any of the Department of Corrections institutions of this state or by Oregon Corrections Enterprises, or providing for the furnishing of the labor or services of inmates of any such institutions to such agency, or containing both such provisions, when the President of the United States has, by official action, recognized the existence of a national emergency.

(2) A contract or agreement made pursuant to subsection (1) of this section may authorize the use of the facilities of any Department of Corrections institution or Oregon Corrections Enterprises facilities in conjunction with:

(a) The manufacturing, mining or producing of any goods, wares or merchandise being sold to an agency of the federal government.

(b) The furnishing of the labor or services of inmates of any Department of Corrections institution to any agency of the federal government. [1955 c.55 §2; 1965 c.616 §59; 1987 c.320 §192; 1999 c.955 §16]

421.315 [Amended by 1955 c.55 §4; 1965 c.616 §60; repealed by 1981 c.380 §4]

421.320 [Amended by 1965 c.616 §61; repealed by 1981 c.380 §4]

421.325 [Amended by 1959 c.687 §19; 1983 c.574 §4; 1987 c.320 §193; 1995 c.384 §13; repealed by 1999 c.955 §28]

421.330 [Amended by 1965 c.616 §62; repealed by 1981 c.380 §4]

421.335 [Amended by 1965 c.616 §63; 1969 c.349 §5; repealed by 1981 c.380 §4]

421.340 Rules for exchange of products among institutions. The Department of Corrections and such officials as may direct or control the management of penal, correctional, custodial and charitable institutions of the state or its political subdivisions, and the youth correction facilities, shall jointly annually promulgate rules to authorize the purchase by such institutions of the products to be manufactured by Oregon Corrections Enterprises. [Amended by 1965 c.616 §64; 1987 c.320 §194; 1999 c.955 §17]

421.343 [1989 c.82 §1; repealed by 1999 c.955 §28]

OREGON CORRECTIONS ENTERPRISES

421.344 Creation of Oregon Corrections Enterprises as semi-independent agency; administrator. There is established Oregon Corrections Enterprises, a semi-independent agency. The Director of the Department of Corrections shall assign or appoint an administrator who shall serve at the pleasure of the director. The administrator shall have authority to do all things necessary and convenient to carry out ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. [1999 c.955 §3]

421.345 [Amended by 1955 c.445 §1; repealed by 1965 c.616 §101]

421.347 Advisory council; membership; duties. (1) The administrator of Oregon Corrections Enterprises shall establish, by the issuance of a policy directive or order, an advisory council consisting of not fewer than three members to provide policy input concerning Oregon Corrections Enterprises operations and its discharge of the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. The council shall select one of its members as chairperson. The council shall meet not less frequently than semiannually at the offices of Oregon Corrections Enterprises. The council shall meet at such other times and places specified by the administrator. All members shall be entitled to expenses as provided in ORS 292.495.

(2) The membership of the advisory council shall consist of at least one representative of each of the following interests, as determined at the discretion of the administrator:

(a) At least one member shall be a person who has experience in, and can represent the interests and perspective of the banking or finance industry;

(b) At least one member shall be a person who has experience in and can represent the interests and perspective of private business in Oregon; and

(c) At least one member shall be a person who has experience in the field of labor relations and can represent the interests and perspective of organized labor.

(3) Members of the advisory council must be citizens of the United States and residents of the State of Oregon. No member of the council may be an employee of the Department of Corrections or of Oregon Corrections Enterprises.

(4) The order or policy directive that establishes the advisory council may specify the terms of office of members of the council and may provide for removal of members from the advisory council by the administrator, either at the pleasure of the administrator or for other grounds specified in the order or policy directive. Upon the expiration or termination of the term of any member appointed to represent an interest under subsection (2) of this section, the administrator shall appoint a successor to represent that interest. A member of the advisory council shall be eligible for reappointment. [1999 c.955 §4]

421.349 Advisory committee; duties. In addition to the advisory council required by ORS 421.347, the administrator may establish, by the issuance of a policy directive or order, one or more advisory committees, bodies or advisors to advise and assist Oregon Corrections Enterprises in discharging its functions and duties as prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. The administrator may authorize the payment of expenses, as provided in ORS 292.495, to the members of any advisory committee or body established under this section. [1999 c.955 §5]

421.350 [Amended by 1965 c.616 §65; repealed by 1981 c.380 §4]

421.352 Applicability of certain statutes to Oregon Corrections Enterprises. (1) The provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279, 283, 291, 292 and 293 and ORS 184.345, 190.430, 190.490, 200.035, 236.380, 236.605 to 236.640, 243.303, 243.305, 243.315, 243.325 to 243.335, 243.345, 243.350, 243.696, 281.210 to 281.260, 282.010 to 282.150 and 656.017 (2) shall not apply to Oregon Corrections Enterprises.

(2) Oregon Corrections Enterprises shall not be subject to any provision of law enacted after December 2, 1999, that governs state agencies generally unless the provision specifically provides that it applies to Oregon Corrections Enterprises. [1999 c.955 §6]

421.354 Authority of Oregon Corrections Enterprises. (1) Oregon Corrections Enterprises may engage eligible inmates in state corrections institutions in work or on-the-job training. This authority is subject to the authority granted the Director of the Department of Corrections by section 41, Article I of the Oregon Constitution, and to any rules or orders issued by the director regarding care, custody and control of inmates. Oregon Corrections Enterprises shall ensure that all inmate work and on-the-job training programs are cost-effective and designed to develop inmate motivation, work capabilities, cooperation and successful transition into the community.

(2) Oregon Corrections Enterprises may enter into contracts or agreements with private persons or government agencies for the purpose of:

(a) Accomplishing the production and marketing of products or services produced or performed by inmates;

(b) Making prison work products or services available to any public agency and to any private enterprise; or

(3) Oregon Corrections Enterprises may make or enter into any agreement to assist inmates in making a successful transition upon release by state correction institutions.

(4) Oregon Corrections Enterprises shall carry out the public purposes and missions stated in section 41, Article I of the Oregon Constitution, and in this section in the manner that, in the determination of Oregon Corrections Enterprises, best promotes the public welfare of the people of the State of Oregon. [1999 c.955 §7]

421.355 [Amended by 1965 c.616 §66; repealed by 1981 c.380 §4]

421.357 Limitation on amount agency may charge Oregon Corrections Enterprises; costs of audits. (1) A state agency shall not charge Oregon Corrections Enterprises for services or products provided by the agency in an amount that exceeds the amount the agency charges other state agencies for the same services or products.

(2) Oregon Corrections Enterprises shall pay the cost of audits of Oregon Corrections Enterprises performed pursuant to the Secretary of State’s statutory and constitutional authority. [1999 c.955 §11]

421.359 Disposition of income and revenues. All income and revenues generated or received by Oregon Corrections Enterprises shall remain within, and are continuously appropriated to, Oregon Corrections Enterprises for the purposes of discharging the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445. There shall be no commingling of funds between Oregon Corrections Enterprises and the Department of Corrections. [1999 c.955 §9]

421.360 [Repealed by 1981 c.380 §4]

421.362 Continuation of employment of certain Department of Corrections employees; alternative retirement programs. (1) All persons employed by the Department of Corrections in inmate work programs on December 2, 1999, shall be offered continuation of their employment with Oregon Corrections Enterprises. Those employees who continue employment with Oregon Corrections Enterprises shall retain their Public Employees Retirement System status granted prior to December 2, 1999. The terms and conditions of the continued employment shall be determined by the administrator. The terms and conditions of employment for Oregon Corrections Enterprises employees who may become represented for collective bargaining in the appropriate bargaining unit shall be determined in accordance with ORS 243.650 to 243.782, except for ORS 243.696. For purposes of collective bargaining, the appropriate bargaining unit shall be a separate unit composed exclusively of Oregon Corrections Enterprises employees.

(2) Notwithstanding the provisions of ORS chapter 237, Oregon Corrections Enterprises may offer to its employees alternative retirement programs in addition to the Public Employees Retirement System. [1999 c.955 §13]

421.364 Provision of legal services to Oregon Corrections Enterprises. Notwithstanding any other provision of law, the Attorney General, at the request of Oregon Corrections Enterprises, shall identify one or more assistant attorneys general to provide legal services related to the inmate work programs of Oregon Corrections Enterprises. At least one assistant attorney general shall have an office located at the main office of Oregon Corrections Enterprises as a primary office location. [1999 c.955 §14]

421.365 [Repealed by 1981 c.380 §4]

421.367 Report to Governor and Legislative Assembly. (1) Oregon Corrections Enterprises shall report annually to the Governor and the Legislative Assembly regarding Oregon Corrections Enterprises activities and operations for the preceding year.

(2) Notwithstanding ORS 421.352, Oregon Corrections Enterprises shall provide to the Oregon Department of Administrative Services such financial information as the Oregon Department of Administrative Services may require for purposes of completing the financial report described in ORS 291.040. [1999 c.955 §8]

421.400 [1989 c.855 §1; repealed by 1997 c.851 §17]

INMATE LABOR GENERALLY

421.405 Use of inmate labor for benefit of officials prohibited; exceptions. (1) Except as provided in subsection (2) of this section, no officer or employee of this state shall receive the use or profit of the labor or services of any inmate of a Department of Corrections institution, or be directly or indirectly interested in any contract or work upon which inmates are employed. However, this subsection does not prohibit inmates from doing work or services:

(a) As janitors or gardeners in or about the institutional premises or premises owned or controlled by Oregon Corrections Enterprises.

(b) As chauffeur or driver of a vehicle used by any prison official or employees of Oregon Corrections Enterprises in the discharge of official business.

(2) Subsection (1) of this section does not prohibit inmates from performing work or services as apprentices or trainees in a program conducted pursuant to ORS chapter 660 for any officer or employee of this state who does not exercise direct Department of Corrections institution supervisory authority over the inmates. [Amended by 1959 c.687 §20; 1961 c.213 §1; 1965 c.616 §67; 1969 c.502 §21; 1979 c.68 §1; 1987 c.320 §195; 1999 c.955 §18]

421.408 [Formerly 421.140; 1965 c.616 §68; 1969 c.502 §22; 1969 c.570 §1; 1987 c.320 §196; repealed by 1995 c.384 §28]

421.410 [Amended by 1957 c.343 §1; 1961 c.213 §2; 1965 c.463 §20; 1965 c.616 §69; 1979 c.68 §2; 1981 c.380 §2; 1983 c.574 §3; 1987 c.320 §197; repealed by 1999 c.955 §28]

421.412 Use of inmate labor in acquisition of crops to be consumed in state institutions. (1) Notwithstanding any other provision of law, the Department of Corrections or Oregon Corrections Enterprises may enter into a contract with a person for the purchase or donation of fruit, vegetables or other crops for use or consumption in state institutions. The contract may provide that any or all labor required inside or outside of the Department of Corrections institutions to harvest, load and transport the fruit, vegetables or other crop shall be performed by inmates confined in such institutions. The department or Oregon Corrections Enterprises may enter into a contract pursuant to this section only if it appears to the department or Oregon Corrections Enterprises that the contract would be advantageous.

(2) Notwithstanding any other provision of law, the Director of the Department of Corrections, in compliance with the rules of the department, may authorize the use of inmates from the institution for the purpose of harvesting, loading and transporting the fruit, vegetables or other crops which are the subject matter of a contract made under subsection (1) of this section.

(3) This section authorizes use of inmate labor for cultivating, clearing, grading, draining, restoring riparian areas and other improvement of private or public land, or any contract or agreement therefor. [1955 c.253 §2; 1959 c.687 §21; 1965 c.616 §70; 1969 c.502 §23; 1987 c.320 §198; 1999 c.955 §19]

421.415 [Amended by 1959 c.687 §22; repealed by 1965 c.616 §101]

421.420 Use of inmate labor to clear unimproved land. The Department of Corrections may enter into a contract with any person whom it considers advisable in connection with a Department of Corrections institution for employment of inmates therein in clearing unimproved land in the state. [Amended by 1959 c.687 §23; 1965 c.616 §71; 1987 c.320 §199]

421.425 [Renumbered 421.620]

421.430 [Repealed by 1959 c.687 §24]

421.431 [1995 c.384 §1; repealed by 1997 c.851 §17]

421.434 [1995 c.384 §2; repealed by 1999 c.955 §28]

421.435 [Repealed by 1959 c.687 §24]

421.436 [1995 c.384 §14; repealed by 1997 c.851 §17]

PRISON WORK PROGRAMS

421.437 Inmate compensation; rules. (1) Inmates who participate in programs operated by the Department of Corrections or Oregon Corrections Enterprises shall be permitted to retain a portion of compensation earned, if any, for their personal use as determined and established by the Director of the Department of Corrections by rule. The director shall ensure that the rules adopted under this section are designed to:

(a) Instill in inmates a viable work ethic;

(b) Emulate private gainful employment;

(d) Maintain the safe, secure and orderly operation and management of department facilities.

(2) Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates, the rules adopted under subsection (1) of this section may not authorize inmates engaged in prison work programs to retain for their personal use more than 20 percent of gross compensation paid. [1997 c.851 §11; 1999 c.955 §20]

421.438 Authority to enter into contracts concerning certain operations and programs; applicability of ORS chapter 279. (1) The Department of Corrections may enter into contracts for the purchase or other acquisition, transfer or disposition of supplies, materials, equipment, products and other personal property, and services for the following prison operations and programs:

(a) Prison work and on-the-job training programs;

(b) Forest and work camps established under ORS chapter 421;

(d) Food services operations and programs; and

(e) Facility or property maintenance operations and programs.

(2) Notwithstanding ORS 179.040 or any other law, the provisions of ORS chapter 279 do not apply to contracts entered into by the department under this section. [1995 c.384 §17; 1997 c.802 §19; 1997 c.851 §4]

Note: 421.438 and 421.442 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

421.440 [1995 c.384 §25; repealed by 1999 c.955 §28]

421.442 Creation of accounts and subaccounts relating to prison work and on-the-job training programs. (1) The Department of Corrections may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, including accounts and subaccounts for the deposit of income generated from prison work programs. Accounts and subaccounts created under this subsection shall be maintained separate and distinct from the General Fund. Moneys credited to the accounts and subaccounts are continuously appropriated to the department for the purpose of implementing, maintaining and developing prison work programs. Moneys in the department accounts or subaccounts may be transferred to the inmate injury component of the Insurance Fund for the payment of expenses therefrom authorized by law. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.

(2) Oregon Corrections Enterprises may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.502, 421.305, 421.312, 421.344 to 421.367, 421.412, 421.444 and 421.445 and this section, including accounts and subaccounts for the deposit of income generated from prison work programs. All moneys collected or received by Oregon Corrections Enterprises shall be deposited into an account or subaccounts established by Oregon Corrections Enterprises in a depository bank insured by the Federal Deposit Insurance Corporation. The administrator shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the Federal Deposit Insurance Corporation’s coverage. All moneys in the account or subaccounts are continuously appropriated to Oregon Corrections Enterprises for the purpose of implementing, maintaining and developing prison work programs. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.

(3) Moneys credited to or received by inmate work programs conducted by the department may not be commingled with moneys credited to or received by inmate work programs conducted by Oregon Corrections Enterprises.

(4) Moneys in the accounts or subaccounts are available for implementing, maintaining and developing prison work and on-the-job training programs, including, but not limited to:

(a) The purchase of all necessary machinery and equipment for establishing, equipping and enlarging prison industries;

(b) The purchase of raw materials, the payment of salaries and wages and all other expenses necessary and proper in the judgment of the Director of the Department of Corrections or the administrator of Oregon Corrections Enterprises in the conduct and operation of prison industries; and

(c) Department transfers to the inmate injury component of the Insurance Fund from the payment of expenses authorized by law.

(5) No part of the accounts or subaccounts may be expended for maintenance, repairs, construction or reconstruction, or general or special expenses of a Department of Corrections institution, other than for prison work and on-the-job training programs.

(6) The transfers referred to in subsections (1) and (4)(c) of this section may be authorized by the Legislative Assembly, or the Emergency Board if the Legislative Assembly is not in session, whenever it appears to the Legislative Assembly or the board, as the case may be, that there are insufficient moneys in the inmate injury component of the Insurance Fund for the payment of expenses authorized by law. [1995 c.384 §26; 1997 c.851 §5; 1999 c.955 §27]

Note: See note under 421.438.

421.444 Intellectual property; acquisition and development. (1) The Department of Corrections and Oregon Corrections Enterprises each may acquire or develop intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, trademarks, inventions, discoveries, processes and ideas.

(2) The department and Oregon Corrections Enterprises each may manage, license, market, develop or dispose of its intellectual property, in whole or in part, in any manner deemed by the department or Oregon Corrections Enterprises to be advisable for implementing, maintaining and developing prison work programs.

(3) Money received by the department or Oregon Corrections Enterprises as a result of its use, ownership, disposal or management of property acquired under this section or of transactions regarding such property shall be deposited in accounts maintained by the department or Oregon Corrections Enterprises as authorized by law. [1997 c.851 §12; 1999 c.955 §21]

421.445 Supervision of inmates participating in Oregon Corrections Enterprises program; agreements. Notwithstanding any other law, inmates participating in a program operated by Oregon Corrections Enterprises may be supervised by any employee or agent of a local, state or federal governmental agency pursuant to an agreement between the agency and Oregon Corrections Enterprises. An agreement entered into under this section must require that the person exercising custodial supervision over inmates receive security training approved and provided by the Department of Corrections. [1997 c.851 §18; 1999 c.955 §22]

Note: 421.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

FOREST AND WORK CAMPS

421.450 Definitions for ORS 421.455 to 421.480. As used in ORS 421.455 to 421.480, unless the context requires otherwise:

(1) "Local inmate" means a person sentenced by a court or legal authority to serve sentence in a county or city jail, but does not include a child detained by order of the juvenile court.

(2) "State inmate" means an inmate of a Department of Corrections institution. [1967 c.504 §2; 1987 c.320 §200]

421.455 Forest work camps; restrictions on placement at camps. (1) The Director of the Department of Corrections shall establish at places in state forests recommended by the State Board of Forestry one or more forest work camps at which state inmates and local inmates may be employed. Only such