ORS 421.107¹
Use of dog for cell extraction prohibited

(1) As used in this section:

(a) “Correctional facility”:

(A) Means any place used for the confinement of youth offenders, detained juveniles, persons charged with or convicted of a crime or persons otherwise confined under a court order.

(B) Includes but is not limited to a youth correction facility and a juvenile detention facility.

(C) Applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 (Incapacity due to immaturity) to 161.373 (Records for fitness to proceed examination).

(b) “Inmate” means a youth offender confined in a youth correction facility, a juvenile detained in a juvenile detention facility, or any person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.

(c) “Juvenile detention facility” has the meaning given that term in ORS 169.005 (Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800).

(d) “Youth correction facility” has the meaning given that term in ORS 420.005 (Definitions).

(e) “Youth offender” has the meaning given that term in ORS 419A.004 (Definitions).

(2) An official of a correctional facility may not use a dog to extract an inmate from a cell.

(3) Nothing in this section prohibits:

(a) The use of a dog in a correctional facility for the purposes of tracking the location of an inmate or detecting contraband as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(b) The use of a dog in a correctional facility to quell a disturbance, prevent an inmate escape or address an immediate health or safety risk to inmates or staff members.

(c) The use of dogs in a correctional facility as part of an inmate dog training program or for purposes relating to the rehabilitation, treatment, vocational education and skill-building of inmates. [2019 c.333 §1]

Note: 421.107 (Use of dog for cell extraction prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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