ORS 169.076
Standards for local correctional facilities


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 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 that complies with ORS 133.455 (Receipts for property taken from person in custody).

(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)

Review of the facility’s medical and dental plans by a licensed physician, physician assistant, naturopathic physician or nurse practitioner.

(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)

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 facility’s designated physician, physician assistant, naturopathic 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 (Rules).

(8)

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 prisoner 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 ensure that the prisoner’s legal rights to access to legal materials are protected.

(15)

In addition to the items listed in subsection (8) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following:

(a)

Regular absorbent and super absorbent tampons;

(b)

Regular absorbent and super absorbent sanitary pads;

(c)

Postpartum pads; and

(d)

Regular absorbent panty liners. [1979 c.487 §6 (enacted in lieu of 169.075); 1987 c.320 §92; 2005 c.471 §6; 2009 c.595 §116; 2013 c.63 §2; 2014 c.45 §29; 2017 c.356 §20; 2019 c.213 §46; 2019 c.489 §1]

Source: Section 169.076 — Standards for local correctional facilities, https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html.

Notes of Decisions

Under former similar statute (ORS 169.075)

Where county had exercised authority under [former] ORS 203.120 by establishing local correctional facility, terms of this section requiring compliance with Uniform Building Code were applicable and fact that requirements of applicable provision were unclear did not excuse trial court from construing requirements and fashioning decree granting alternative writ of mandamus. State ex rel Watson v. Rader, 36 Or App 847, 585 P2d 769 (1978)

169.005
Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800
169.030
Construction, maintenance and use of local correctional facilities by county and city
169.040
Inspection of local correctional facilities
169.042
Maximum facility population
169.044
Action on recommendation
169.046
Notice of county jail population emergency
169.050
Contracts for boarding of prisoners
169.053
Agreements with other counties or Department of Corrections for confinement and detention of offenders
169.055
Contracts with Department of Corrections for county prisoners awaiting sentencing
169.070
Coordination of state services by Department of Corrections
169.072
Provision of services or assistance by Department of Corrections through arrangements with local governments
169.076
Standards for local correctional facilities
169.077
Standards for lockup facilities
169.078
Standards for temporary hold facilities
169.080
Effect of failure to comply with standards
169.085
Submission of construction or renovation plans to Department of Corrections
169.090
Manual of guidelines for local correctional facility operation
169.105
Unconscious person not to be admitted to custody in facility
169.110
Time credit for good behavior
169.115
Temporary leave
169.120
Credit for work
169.140
Furnishing prisoners food, clothing and necessary medical aid
169.150
Payment of expenses of keeping prisoners
169.151
Expenses of keeping prisoners
169.152
Liability for costs of medical care for persons in county facility
169.153
Liability of public agency for costs of medical care provided to persons in transport
169.155
Definitions for ORS 169.155 and 169.166
169.166
Liability for costs of medical services
169.170
Assignment of county prisoners to public works
169.180
Assignment of city prisoners to public works
169.190
Transfer of prisoners to another county for public work
169.210
Contracts for private employment of prisoners
169.220
Care of county prisoners
169.320
Control over prisoners
169.330
Civil liability for release of prisoner
169.340
Liability for escape of defendant in a civil action
169.350
Liability for failing to serve papers
169.360
Appointment of keeper of local correctional facility
169.610
Policy
169.620
“Regional correctional facility” defined
169.630
Joint establishment or operation of facilities
169.635
Provision of personal hygiene products
169.640
Status of facility for custody of misdemeanants and violators
169.650
Status of facility operated by Department of Corrections
169.660
Status of persons confined in facility operated by Department of Corrections
169.670
Transfer of persons to facility operated by Department of Corrections
169.673
Conversion of state correctional institutions into regional correctional facilities
169.677
Converted facilities to house felony or misdemeanant prisoners
169.681
Limit on telephone service provider fee or commission
169.683
Requirements for request for proposals
169.685
Inmate Welfare Fund Account
169.690
Establishment of halfway houses and other facilities
169.730
Definitions for ORS 169.740 to 169.760
169.740
Standards for juvenile detention facilities
169.750
Restrictions on operation of juvenile detention facilities
169.760
Juvenile detention facilities to establish written policy
169.770
Release of detained juvenile when detention facility violates standards
169.800
Detention of juveniles before conviction and execution of sentence
169.810
Assumption of duties by regional correctional facility constitutes assumption by public employer
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