2017 ORS 169.150¹
Payment of expenses of keeping prisoners
  • health care fees

(1) The charges and expenses for safekeeping and maintaining all persons duly committed to the local correctional facility of the county for trial, sentenced to imprisonment in the county local correctional facility, or committed for the nonpayment of any fine or for any contempt, shall, unless otherwise provided by law, be paid out of the treasury of the county. The account of the keeper shall be first allowed by the county court or board of county commissioners of the county from which the prisoner was committed.

(2) A city or, notwithstanding subsection (1) of this section or any other provision of law, the county may charge persons committed to the local correctional facility of the county or city a reasonable health care fee for any health care services, medications and equipment provided to the person while committed if the county or city:

(a) Provides necessary medical care regardless of the person’s ability to pay;

(b) Provides equal treatment to all persons committed to the local correctional facility regardless of a person’s ability to pay;

(c) Establishes a system that notifies the person of the fees and what services are covered; and

(d) Establishes a grievance system that allows a person to challenge the deduction of a fee from the person’s account. [Amended by 1973 c.740 §16; 1995 c.523 §1; 1999 c.801 §1]

Notes of Decisions

Where offender was arrested for viola­tion of state law and in due course was ultimately delivered to local correc­tional facility for confine­ment and trial, medical and other incidental expenses, not including investigative expenses, incurred as consequence of and following arrest and until transfer to facility were chargeable to county under this sec­tion and ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid). Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied

County was liable under this sec­tion and ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid) for medical expenses incurred by prisoner who was hospitalized in deten­tion facility of plaintiff’s hospital during period of his medical treat­ment, as deten­tion assured prisoner’s attendance at trial in same manner as if he had been lodged in county jail. 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)

Atty. Gen. Opinions

Reimburse­ment of county by municipal govern­ment for housing prisoners in county facility, (1983) Vol 43, p 136

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 169, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano169.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.