ORS 179.360¹
Powers and duties of superintendents

(1) Each superintendent shall:

(a) Have custody of the residents of the institution under jurisdiction of the superintendent.

(b) Direct the care, custody and training of the residents unless otherwise directed by law or by rule.

(c) Adopt sanitary measures for the health and comfort of the residents.

(d) Promote the mental, moral and physical welfare and development of the residents.

(e) Enjoy the other powers and privileges and perform the other duties that are prescribed by law or by rule or that naturally attach themselves to the position of superintendent.

(2) The Director of the Department of Corrections and the Director of the Oregon Health Authority shall prescribe for their respective institutions:

(a) The duties of the superintendents where the duties are not prescribed by law.

(b) The additional duties, beyond those prescribed by law, that each agency director considers necessary for the good of the public service. [Amended by 1969 c.391 §14; 1969 c.597 §34; 1979 c.683 §4; 1987 c.320 §120; 2001 c.900 §36; 2009 c.59 §3; 2009 c.595 §133; 2013 c.36 §41; 2017 c.223 §1]

Notes of Decisions

The superintendent has authority to require restitu­tion for prop­erty damage and to delegate to a disciplinary committee the task of determining if charges are true. Curtis v. Ore. State Correc­tional Institu­tion, 20 Or App 530, 532 P2d 798 (1975), Sup Ct review denied

The superintendent fails in statutory duty to adopt sanitary measures and to promote inmate’s physical welfare when condi­tions or opera­tions or both at the institu­tion violate state sanita­tion laws. Capps v. Atiyeh, 559 F Supp 894 (1982)

Where Depart­ment of Correc­tions administrative rule requires clinical director to appoint chief medical of­fi­cer and this sec­tion requires superintendent to appoint chief medical of­fi­cer, “superintendent” includes depart­ment superintendent and this sec­tion controls, which invalidates conflicting administrative rule. Smith v. Depart­ment of Correc­tions, 276 Or App 862, 369 P3d 1213 (2016)

Atty. Gen. Opinions

Release of patient’s confidential case records, (1974) Vol 36, p 1080

1 Legislative Counsel Committee, CHAPTER 179—Administration of State Institutions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors179.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 179, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano179.­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