ORS 169.140¹
Furnishing prisoners food, clothing and necessary medical aid

The keeper of each local correctional facility shall furnish and keep clean the necessary bedding and clothing for all prisoners in the custody of the keeper, and shall supply them with wholesome food, fuel and necessary medical aid. [Amended by 1973 c.740 §15]

Notes of Decisions

Fact that arrest of prisoner and admission for medical treat­ment was effected by peace of­fi­cer not employed by county, does not by itself alter county’s liability. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

Hospital is place of confine­ment if prisoner is physically unable to be maintained in jail. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

Custody exists if 1) prisoner is under guard or prisoner’s physical condi­tion prevents prisoner from leaving hospital of own will; and 2) circumstances imply that prisoner was confined to ensure attendance at trial. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

County liability statutes apply where circumstances imply prisoner is in custody for enumerated purpose, notwithstanding absence of formal custody. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied

When individual receives emergency medical care while in custody of law en­force­­ment of­fi­cer, public agency that employs of­fi­cer is liable, not county correc­tional facility individual may be sent to in future. Emanuel Hospital v. Umatilla County, 314 Or 393, 840 P2d 56 (1992); Emanuel Hospital v. Multnomah County, 314 Or 404, 840 P2d 62 (1992)

Chapter 169

Law Review Cita­tions

53 OLR 32 (1973)

1 Legislative Counsel Committee, CHAPTER 169—Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors169.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 169, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano169.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information