2007 ORS § 169.046¹
Notice of county jail population emergency
  • action to be taken
  • notification if release of inmates likely
  • forced release

(1) If a county court or board adopts a jail capacity limit under ORS 169.044 (Action on recommendation) and the number of inmates in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of inmates in the local correctional facility has exceeded capacity and that a county jail population emergency exists.

(2) If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 (Action on recommendation) and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order inmates released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of inmates under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency).

(3) If it becomes necessary to order inmates released under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency), or if it appears to the sheriff that release of inmates is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation) until further notice.

(4) If it becomes necessary to order the release of inmates under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency), the sheriff may place inmates on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the inmate and must include:

(a) The date of the next court appearance of the inmate;

(b) A statement that the inmate is required to appear at the next court appearance; and

(c) A statement that failure of the inmate to appear at the next court appearance is subject to prosecution under ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree). [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2]