2013 ORS § 169.080¹
Effect of failure to comply with standards
  • enforcement by Attorney General
  • private action

(1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities), 169.740 (Standards for juvenile detention facilities), 419A.059 (Designation of detention and shelter facilities) or 419B.180 (Shelter and detention facilities), the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to insure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections.

(2) The provisions of ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities), 169.740 (Standards for juvenile detention facilities), 419A.059 (Designation of detention and shelter facilities), 419B.160 (Place of detention), 419B.180 (Shelter and detention facilities) and 419C.130 (Youth or youth offender may not be detained where adults are detained) shall be enforceable by the Attorney General of the State of Oregon. The Attorney General, at the request of the Department of Corrections, may bring suit or action and may seek declaratory judgment as provided in ORS chapter 28 as well as pursue any other form of suit or action provided under Oregon law. Nothing in this section shall preclude a private right of suit or action. [1973 c.740 §4; 1979 c.338 §3; 1979 c.487 §3; 1987 c.320 §95; 1993 c.33 §311]