77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1081
House Bill 2143
Sponsored by Representative NATHANSON; Representatives DEMBROW,
DOHERTY, GARRETT (at the request of State and Local Government
Efficiency Task Force) (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Eliminates requirement that Department of Corrections inspect
local detention facilities for compliance with specified
provisions of state law. Requires local government to conduct
inspections for compliance.
A BILL FOR AN ACT
Relating to inspection of local detention facilities; amending
ORS 169.070, 169.076, 169.077 and 169.078.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 169.070 is amended to read:
169.070. (1) The Department of Corrections shall provide and
coordinate state services to local governments with respect to
local correctional facilities and juvenile detention facilities.
The Director of the Department of Corrections shall designate
staff to provide technical assistance to local governmental
agencies in the planning and operation of local correctional
facilities, lockups, temporary holds and juvenile detention
facilities, and advice on provisions of state law applicable to
these facilities. { - The department - }
{ + (2) Each local government + } shall inspect { + its + }
local correctional facilities, lockups, temporary holds and
juvenile detention facilities, to ensure compliance with the
standards established in ORS 169.076 to 169.078, 169.740,
419A.059 and 419B.180.
{ - (2) - } { + (3) + } In carrying out its duties under
subsection { - (1) - } { + (2) + } of this section, the
{ - department - } { + local government + } may enter into
agreements with public or private entities to conduct inspections
of { + its + } local correctional facilities, lockups, temporary
holds and juvenile detention facilities.
SECTION 2. ORS 169.076 is amended to read:
169.076. Each local correctional facility shall:
(1) Provide sufficient staff to perform all audio and visual
functions involving security, control, custody and supervision of
all confined detainees and prisoners, with personal inspection at
least once each hour. The supervision may include the use of
electronic monitoring equipment when approved by the Department
of Corrections and the governing body of the { - area - }
{ + jurisdiction + } in which the facility is located.
(2) Have a comprehensive written policy with respect to:
(a) Legal confinement authority.
(b) Denial of admission.
(c) Telephone calls.
(d) Admission and release medical procedures.
(e) Medication and prescriptions.
(f) Personal property accountability which complies with ORS
133.455.
(g) Vermin and communicable disease control.
(h) Release process to include authority, identification and
return of personal property.
(i) Rules of the facility governing correspondence and
visitations.
(3) Formulate and publish plans to meet emergencies involving
escape, riots, assaults, fires, rebellions and other types of
emergencies; and regulations for the operation of the facility.
(4) Not administer any physical punishment to any prisoner at
any time.
(5) Provide for emergency medical and dental health, having
written policies providing for:
(a) Licensed physician or nurse practitioner review of the
facility's medical and dental plans.
(b) The security of medication and medical supplies.
(c) A medical and dental record system to include request for
medical and dental attention, treatment prescribed,
prescriptions, special diets and other services provided.
(d) First aid supplies and staff first aid training.
(6) Prohibit firearms from the security area of the facility
except in times of emergency as determined by the administrator
of the facility.
(7) { - Insure - } { + Ensure + } that confined detainees
and prisoners:
(a) Will be fed daily at least three meals served at regular
times, with no more than 14 hours between meals except when
routinely absent from the facility for work or other purposes.
(b) Will be fed nutritionally adequate meals in accordance with
a plan reviewed by a registered dietitian or the Oregon Health
Authority.
(c) Be provided special diets as prescribed by the designated
facility physician or nurse practitioner.
(d) Shall have food procured, stored, prepared, distributed and
served under sanitary conditions, as defined by the authority
under ORS 624.041.
(8) { - Insure - } { + Ensure + } that the facility be
clean, and provide each confined detainee or prisoner:
(a) Materials to maintain personal hygiene.
(b) Clean clothing twice weekly.
(c) Mattresses and blankets that are clean and fire-retardant.
(9) Require each prisoner to shower at least twice weekly.
(10) Forward, without examination or censorship, each
prisoner's outgoing written communications to the Governor, jail
administrator, Attorney General, judge, Department of Corrections
or the attorney of the prisoner.
(11) Keep the facility safe and secure in accordance with the
State of Oregon Structural Specialty Code and Fire and Life
Safety Code.
(12) Have and provide each prisoner with written rules for
inmate conduct and disciplinary procedures. If a prisoner cannot
read or is unable to understand the written rules, the
information shall be conveyed to the prisoner orally.
(13) Not restrict the free exercise of religion unless failure
to impose the restriction will cause a threat to facility or
order.
(14) Safeguard and { - insure - } { + ensure + } that the
prisoner's legal rights to access to legal materials are
protected.
SECTION 3. ORS 169.077 is amended to read:
169.077. Each lockup facility shall:
(1) Maintain 24-hour supervision when persons are confined
{ - ; such - } { + . The + } supervision may include the use of
electronic monitoring equipment when approved by the Department
of Corrections and the governing body of the { - area - }
{ + jurisdiction + } in which the facility is located.
(2) Make a personal inspection of each person confined at least
once each hour.
(3) Prohibit firearms from the security area of the facility
except in times of emergency as determined by the administrator
of the facility.
(4) { - Insure - } { + Ensure + } that confined detainees
and prisoners will be fed daily at least three nutritionally
adequate meals served at regular times, with no more than 14
hours between meals except when routinely absent from the
facility for work or other such purposes.
(5) Forward, without examination or censorship, each prisoner's
outgoing written communications to the Governor, jail
administrator, Attorney General, judge, Department of Corrections
or the attorney of the prisoner.
(6) Provide rules of the facility governing correspondence and
visitations.
(7) Keep the facility safe and secure in accordance with the
State of Oregon Structural Specialty Code and Fire and Life
Safety Code.
(8) Formulate and publish plans to meet emergencies involving
escape, riots, assaults, fires, rebellions and other types of
emergencies; and policies and regulations for the operation of
the facility.
(9) { - Insure - } { + Ensure + } that the facility be
clean, provide mattresses and blankets that are clean and
fire-retardant, and furnish materials to maintain personal
hygiene.
(10) Provide for emergency medical and dental health, having
written policies providing for licensed physician review of the
facility's medical and dental plans.
SECTION 4. ORS 169.078 is amended to read:
169.078. Each temporary hold shall:
(1) Provide access to sanitation facilities.
(2) Provide adequate seating.
(3) Maintain supervision of prisoners or detainees when
confined. { - Such - } { + The + } supervision may include
the use of electronic monitoring equipment when approved by the
Department of Corrections and the governing body of the
{ - area - } { + jurisdiction + } in which the facility is
located.
(4) Prohibit firearms from the secure area except in times of
emergency.
(5) Keep the facility safe and secure in accordance with the
State of Oregon Structural Specialty Code and Fire and Life
Safety Code.
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