ORS 169.151¹
Expenses of keeping prisoners
  • reimbursement from prisoners
  • amounts
  • procedures

(1) A city or, notwithstanding ORS 169.150 (Payment of expenses of keeping prisoners) (1), a county may seek reimbursement from a person who is or was committed to the local correctional facility of the county or city upon conviction of a crime for any expenses incurred by the county or city in safekeeping and maintaining the person. The county or city may seek reimbursement:

(a) At a rate of $60 per day or its actual daily cost of safekeeping and maintaining the person, whichever is less, multiplied by the total number of days the person was confined to the local correctional facility, including, but not limited to, any period of pretrial detention; and

(b) For any other charges or expenses that the county or city is entitled to recover under ORS 169.150 (Payment of expenses of keeping prisoners).

(2) The county or city may seek reimbursement for expenses as provided in subsection (1) of this section by filing a civil action no later than one year after the person from whom reimbursement is sought is released from the local correctional facility.

(3) When a person is found liable for expenses described in subsection (1) of this section and an amount is determined, the court shall, before entering a judgment against the person, allow the person to present evidence on the issue of the person’s ability to pay. When a person presents such evidence, the court shall determine the person’s ability to pay taking into consideration:

(a) The financial resources of the person and the burden that payment will impose on the person in providing basic economic necessities to the person or the person’s dependent family; and

(b) Any other monetary obligations imposed upon the person by the court as a result of the conviction for which the person was committed to the local correctional facility.

(4) The court, and not a jury, shall determine the defendant’s ability to pay under subsection (3) of this section.

(5) Upon the conclusion of a proceeding under subsection (3) of this section, the court may enter a judgment:

(a) Of dismissal if the court finds that the person lacks the ability to pay;

(b) For less than the full amount determined if the court finds that the person has the ability to pay a portion of the amount; or

(c) For the full amount determined, plus costs and disbursements, if the court determines the person has the ability to pay.

(6) Any reimbursements collected under this section must be credited to the general fund of the county or city to be available for general fund purposes. [1997 c.349 §2; 1999 c.801 §2]

Notes of Decisions

Mechanism for city or county to recover cost of incarcera­tion through civil suit does not preclude recovery through court-imposed condi­tion of proba­tion or other means. State v. Johnston, 176 Or App 418, 31 P3d 1101 (2001)

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/­Archive/­2007ors169.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 169, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­169ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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