ORS 421.105¹
Enforcement of rules
  • violence and injury to adults in custody prohibited

(1) The superintendent may enforce obedience to the rules for the government of the adults in custody in the institution under the supervision of the superintendent by appropriate punishment but neither the superintendent nor any other prison official or employee may strike or inflict physical violence except in self-defense, or inflict any cruel or unusual punishment.

(2) The person of an adult in custody sentenced to imprisonment in the Department of Corrections institution is under the protection of the law and the adult in custody shall not be injured except as authorized by law. [Amended by 1953 c.476 §5; 1969 c.502 §9; 1987 c.158 §75; 1987 c.320 §165; 2019 c.213 §65]

Notes of Decisions

The superintendent has authority to enforce obedience to rules by requiring restitu­tion for prop­erty damage. Curtis v. Ore. State Correc­tional Institu­tion, 20 Or App 530, 532 P2d 798 (1975), Sup Ct review denied

The record of disciplinary pro­ceed­ings must contain a written state­ment of why the ac­tion was taken. Dean v. Ore. State Correc­tional Institu­tion, 20 Or App 620, 533 P2d 191 (1975), Sup Ct review denied

Because a disciplinary pro­ceed­ing not based on crim­i­nal charges is essentially civil in nature, the peti­tioner’s right to remain silent and claimed right to counsel were not properly maintained issues. Archuletta v. Ore. Women’s Correc­tional Center, 25 Or App 149, 548 P2d 1006 (1976)

Superintendent of the Oregon State Penitentiary has authority under this sec­tion to impose consecutive sanc­tions. Palaia v. Oregon State Penitentiary, 28 Or App 83, 558 P2d 846 (1977)

There is no basis for concluding that this sec­tion and [former] ORS 421.016 provide substantive standard independent of Eighth Amend­ment to United States Constitu­tion against which court can measure superintendent’s efforts to protect inmates from assault. Capps v. Atiyeh, 559 F Supp 894 (1982)

Place­ment of prison inmate on controlled feeding status is not punish­ment but safety measure and does not violate statutory or constitu­tional pro­hi­bi­­tions against cruel and unusual punish­ment. Smith v. Dept. of Correc­tions, 101 Or App 539, 792 P2d 109 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 421—Department of Corrections Institutions; Compacts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors421.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 421, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano421.­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