ORS 420.011
Admissions to youth correction facilities

  • assignment of persons within custody of Department of Corrections
  • temporary assignment
  • return to Department of Corrections custody
  • rules
  • records

(1)

Except as provided in subsections (2), (3) and (4) of this section, admissions to the youth correction facilities are limited to adjudicated youths who are at least 12 but less than 20 years of age, found by the juvenile court to have committed an act that if committed by an adult would constitute aggravated murder, murder, a felony or a Class A misdemeanor and placed in the legal custody of the Oregon Youth Authority. An adjudicated youth admitted to a youth correction facility may not be transferred by administrative process to any penal or correctional institution.

(2)

Intentionally left blank —Ed.

(a)

In addition to the persons placed in the legal custody of the youth authority under ORS 419C.478 (Commitment to Oregon Youth Authority or Department of Human Services) (1) or 419C.481 (Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority), and with the concurrence of the Director of the Oregon Youth Authority or the director’s designee, persons who are committed to the Department of Corrections under ORS 137.124 (Commitment of defendant to Department of Corrections or county) and meet the requirements of ORS 137.124 (Commitment of defendant to Department of Corrections or county) (5) may be temporarily assigned to a youth correction facility as provided by ORS 137.124 (Commitment of defendant to Department of Corrections or county) (5). A person assigned on such a temporary basis remains within the legal custody of the Department of Corrections and such reassignment is subject to termination by the Director of the Oregon Youth Authority by referring the person back to the Department of Corrections as provided in paragraph (b) of this subsection.

(b)

After a person is transferred to the physical custody of the youth authority under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (5), the Director of the Oregon Youth Authority may refer the person back to the Department of Corrections for physical custody and placement if the director, after consulting with the Department of Corrections, determines that the person is at least 18 years of age and:

(A)

Poses a substantial danger to youth authority staff or persons in the custody of the youth authority; or

(B)

Is not likely, in the foreseeable future, to benefit from the rehabilitation and treatment programs administered by the youth authority and is appropriate for placement in a Department of Corrections institution.

(3)

Any person under 18 years of age at the time of committing the crime and under 20 years of age at the time of sentencing and commitment who, after waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) or sentencing under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (5)(b)(A) or (7)(b) or 137.712 (Exceptions to ORS 137.700 and 137.707), is sentenced to a term of imprisonment in the custody of the Department of Corrections, and any person under 16 years of age who after waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) or sentencing under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (5)(b)(A) or (7)(b) or 137.712 (Exceptions to ORS 137.700 and 137.707) is sentenced to a term of imprisonment in the county jail, shall be temporarily assigned to a youth correction facility by the Department of Corrections, or by the sheriff to whose custody the person has been committed, pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) (6). The director shall designate the appropriate youth correction facility or schools for such assignment. A person assigned to a youth correction facility under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (6) and this subsection remains within the legal custody of the Department of Corrections or sheriff to whose custody the person was committed. The assignment of such a person to the youth correction facility is subject, when the person is 18 years of age or older, to termination by the director by referring the person back to the Department of Corrections or the sheriff to serve the balance of the person’s sentence. Assignment to a youth correction facility pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) (6) and this subsection, if not terminated earlier by the director, shall terminate upon the person’s attaining the age specified in ORS 420A.010 (Creation and duties) (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the person, and the person shall be referred to the Department of Corrections or the sheriff having legal custody of the person to serve the balance of the person’s sentence.

(4)

Intentionally left blank —Ed.

(a)

Admission to youth correction facilities for adjudicated youths who have been previously adjudicated, but who have not been previously placed in custody of a youth correction facility as a result of the adjudication, is limited to adjudicated youths under 19 years of age.

(b)

Notwithstanding paragraph (a) of this subsection, admission to youth correction facilities for adjudicated youths who have been previously adjudicated for an act that, if committed by an adult, would constitute a crime listed in ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (4), but who have not been previously placed in custody of a youth correction facility as a result of the adjudication, is limited to adjudicated youths under 20 years of age.

(5)

Intentionally left blank —Ed.

(a)

Whenever a person committed to the custody of the Department of Corrections is temporarily assigned to a youth correction facility pursuant to this section, the youth authority may provide programs and treatment for the person, and may adopt rules relating to conditions of confinement at the youth correction facility, as the youth authority determines are appropriate. However, the person remains subject to laws and rules of the State Board of Parole and Post-Prison Supervision relating to parole.

(b)

Information or records prepared or maintained by the youth authority relating to a person committed to the custody of the Department of Corrections and temporarily assigned to a youth correction facility pursuant to this section are confidential and exempt from disclosure if the public interest in confidentiality clearly outweighs the public interest in disclosure and:

(A)

The disclosure would interfere with the rehabilitation or treatment of the person, of another person committed to the custody of the Department of Corrections and temporarily assigned to a youth correction facility under this section or of an adjudicated youth; or

(B)

The disclosure would substantially prejudice or prevent the carrying out of the functions of the youth authority.

(c)

Nothing in this section prohibits the youth authority from disclosing information or records relating to a person committed to the custody of the Department of Corrections and temporarily assigned to a youth correction facility pursuant to this section to counsel representing the person or to the district attorney or assistant district attorney general representing the state, for use in connection with the person’s criminal, juvenile dependency or juvenile delinquency proceeding.

(6)

For the purposes of determining the person’s age at the time of committing an offense under this section:

(a)

If the person is convicted of two or more offenses occurring on different days, the person’s age shall be calculated using the earliest date.

(b)

If the person is convicted of an offense occurring within a range of dates, the person’s age shall be calculated using the date at the beginning of the range. [1965 c.616 §31; 1969 c.679 §5; 1971 c.401 §98; 1971 c.458 §1; 1975 c.182 §1; 1983 c.815 §2; 1985 c.631 §7; 1987 c.320 §159; 1993 c.33 §343; 1993 c.546 §122; 1995 c.422 §§89,89a; 1995 c.423 §28; 1997 c.433 §13; 1999 c.109 §1; 2003 c.396 §140; 2017 c.134 §2; 2019 c.634 §3; 2021 c.240 §2; 2021 c.475 §1; 2021 c.489 §§111a,111b]

Source: Section 420.011 — Admissions to youth correction facilities; assignment of persons within custody of Department of Corrections; temporary assignment; return to Department of Corrections custody; rules; records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors420.­html.

420.005
Definitions
420.011
Admissions to youth correction facilities
420.017
Diversion plan
420.019
Implementation of diversion plan
420.021
Expenses borne by county
420.031
Wardship over adjudicated youth at youth correction facility
420.040
Liability for misconduct of adjudicated youth placed in youth correction facility
420.045
Parole
420.048
Notice required when adjudicated youth transfers to new school or school district
420.054
Authorization for medical and other remedial care and treatment of person in physical custody of youth authority
420.060
Employment agreements
420.065
Adjudicated youth’s compensation
420.070
Adjudicated youth in legal custody of superintendent
420.074
Employment status of adjudicated youth
420.077
Petty cash fund
420.081
Population limits
420.085
Juvenile corrections population forecast
420.090
Juvenile Corrections Population Forecast Advisory Committee
420.210
Establishing work and training camps for adjudicated youths
420.215
Operation of camps by Director of Oregon Youth Authority
420.220
Responsibility for custody of adjudicated youths assigned to camp
420.225
Cooperation with public agencies in work assignments
420.230
Contracts with public agencies
420.235
Return of rule violator or bad security risk to more secure youth correction facility
420.240
Work release program
420.245
Administration by Oregon Youth Authority
420.250
Contracts for quartering persons enrolled in program
420.255
Surrender of compensation
420.260
Participant in program not agent of state
420.265
Unauthorized absence
420.270
Supervision of participant
420.275
Benefits and protections afforded to persons in custody of Oregon Youth Authority
420.500
Restriction on transfer of adjudicated youths to institutions
420.505
Application by adjudicated youth in youth correction facility for admission to hospital or facility
420.525
County of youth’s residence to pay certain expenses of commitment proceedings
420.810
Placement of youths in foster homes
420.815
Placement agreements with persons or families
420.821
Visiting of foster homes by staff members
420.825
Replacement of youth
420.835
Prohibition of interference with control of placed child
420.840
Cooperation of superintendents with other child welfare agencies
420.855
Definitions for ORS 420.855 to 420.885
420.860
Policy and intent
420.865
Commitment to youth care center
420.870
Standards for approval of youth care centers
420.872
Interference with disclosure of information
420.875
Application for state support of center
420.880
Level of state support
420.885
Audit and payment of claims
420.888
Definitions for ORS 420.888 to 420.892
420.890
Certification of adjudicated youth foster homes
420.891
Interference with disclosure of information
420.892
Certification standards
420.905
Definitions for ORS 420.905 to 420.915
420.910
Arrest and detention of escaped, absent or paroled adjudicated youths
420.915
Procedure upon apprehension of escapee, absentee or parole violator
420.990
Penalty for interference with control of placed child
420.991
Penalty for youth care center interference with disclosure of information
420.992
Penalty for adjudicated youth foster home interference with disclosure of information
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