2015 ORS 162.135¹
Definitions for ORS 162.135 to 162.205

As used in ORS 162.135 (Definitions for ORS 162.135 to 162.205) to 162.205 (Failure to appear in the first degree), unless the context requires otherwise:

(1)(a) "Contraband" means:

(A) Controlled substances as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980);

(B) Drug paraphernalia as defined in ORS 475.525 (Sale of drug paraphernalia prohibited);

(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of an inmate confined in a correctional facility; or

(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.

(b) "Contraband" does not include authorized currency possessed by an inmate in a work release facility.

(2) "Correctional facility" means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. "Correctional facility" applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 (Incapacity due to immaturity) to 161.370 (Determination of fitness).

(3) "Currency" means paper money and coins that are within the correctional institution.

(4) "Custody" means the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.

(5) "Escape" means the unlawful departure of a person from custody or a correctional facility. "Escape" includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency). "Escape" does not include failure to comply with provisions of a conditional release in ORS 135.245 (Release decision).

(6) "Youth correction facility" means:

(a) A youth correction facility as defined in ORS 420.005 (Definitions); and

(b) A detention facility as defined in ORS 419A.004 (Definitions).

(7) "State hospital" means the Oregon State Hospital and any other hospital established by law for similar purposes.

(8) "Unauthorized departure" means the unauthorized departure of a person confined by court order in a youth correction facility or a state hospital that, because of the nature of the court order, is not a correctional facility as defined in this section, or the failure to return to custody after any form of temporary release or transitional leave from a correctional facility. [1971 c.743 §189; 1973 c.836 §342; 1983 c.740 §28; 1983 c.815 §7; 1985 c.565 §16; 1989 c.790 §53; 1991 c.809 §1; 1993 c.33 §307; 1995 c.738 §2; 1997 c.249 §47; 1999 c.504 §1; 2001 c.295 §8; 2001 c.900 §24; 2005 c.685 §10; 2007 c.14 §3; 2011 c.708 §21; 2013 c.36 §36; 2015 c.318 §8]

Notes of Decisions

The facts warranted submission to the jury the ques­tion whether defendant "escaped" within the meaning of this pro­vi­sion and a related pro­vi­sion, ORS 162.155 (Escape in the second degree), and not only a charge of at­tempt to escape, where defendant broke away and ran from a guard in courthouse parking lot and was caught only mo­ments later, having never been more than 20 steps ahead of the guard. State v. Fitzgerald, 16 Or App 376, 518 P2d 678 (1974), Sup Ct review denied

The State of Oregon had no jurisdic­tion over the Indian defendant for an escape which occurred solely and entirely upon the Warm Springs Reserva­tion. State v. Smith, 277 Or 251, 560 P2d 1066 (1977)

Defini­tion of contraband is not unconstitu­tionally vague. State v. Williams, 37 Or App 419, 587 P2d 1049 (1978)

Evidence, inter alia, that two grams of marijuana were prized pos­ses­sion likely to be subject of conten­tion between inmates was insufficient to es­tab­lish that item was "article or thing whose use would endanger safety and security" of county jail or any per­son in it. State v. Franklin, 283 Or 439, 583 P2d 557 (1978)

Language of this sec­tion is broad enough to include marijuana as potentially being "contraband." State v. Meyer, 283 Or 449, 583 P2d 553 (1978)

Defendant, who fled when of­fi­cer told her he had warrant for her arrest and wanted to talk with her about it, was not in "custody" at time of flight and did not commit "escape." State v. Gleason, 94 Or App 208, 764 P2d 964 (1988)

On remand, phrase "unlawful departure" in ORS 162.135 (Definitions for ORS 162.135 to 162.205) is not unconstitu­tionally vague since one can ascertain with reasonable de­gree of certainty when departure would be unlawful and when lawful. State v. McKenzie, 97 Or App 267, 775 P2d 907 (1989)

Notwithstanding statutory defini­tion of "custody," as used in defini­tion of "unauthorized departure," custody includes deten­tion in correc­tional facility. State v. Galligan, 312 Or 35, 816 P2d 601 (1991)

Where defendant was cited for being mi­nor in pos­ses­sion of alcohol and pulled away and ran when of­fi­cers tried to take him to detoxifica­tion center, he was not in "custody" within meaning of this sec­tion. State v. McVay, 313 Or 292, 833 P2d 297 (1992)

Pretrial release into home deten­tion program without posting security or being released on own recognizance constitutes condi­tional release that cannot form basis of escape charge. State v. Wilde, 123 Or App 493, 862 P2d 105 (1993)

As used in defini­tion of unauthorized departure, "temporary release" means authoriza­tion for inmate to leave assigned quarters for particular purpose. State v. Manley, 326 Or 204, 951 P2d 686 (1997)

Inclusion of article on list of items banned by statute, rule or order does not, by itself, satisfy independent require­ment that use of article would endanger safety or security of institu­tion or per­son. State v. Hernandez, 186 Or App 86, 61 P3d 951 (2003)

For purposes of failure to appear statute (ORS 162.205 (Failure to appear in the first degree)), "custody" does not include constructive restraint by court. State v. Ford, 207 Or App 407, 142 P3d 107 (2006)

Person fails to return after temporary release if per­son is not in custody when temporary release expires. State v. Elvig, 230 Or App 57, 213 P3d 851 (2009)

Chapter 162

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors162.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano162.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.