ORS 421.170¹
Enrollment of adult in custody in work release program

The superintendent of the Department of Corrections institution in which an adult in custody is confined may recommend to the Director of the Department of Corrections that an adult in custody in the Department of Corrections institution be enrolled in the work release program established under ORS 144.420 (Department of Corrections to administer work release program). If the adult in custody has not served at least one-fourth of the maximum term of the sentence, the superintendent must, prior to making a recommendation, consider the original recommendation, if any, of the sentencing court. [1965 c.463 §6; 1969 c.502 §14; 1987 c.320 §176; 2019 c.213 §75]

Note: Sections 1 and 4, chapter 830, Oregon Laws 2015, provide:

Sec. 1. Family Sentencing Alternative Pilot Program; rules. (1) The Department of Corrections, in partnership with the circuit court and county community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Pilot Program.

(2) A defendant is eligible for the Family Sentencing Alternative Pilot Program if:

(a) The defendant’s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Corrections of at least one year;

(b) The defendant is not currently being sentenced for:

(A) A person felony as defined in the rules of the Oregon Criminal Justice Commission;

(B) A sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235); or

(C) An offense requiring a specified sentence under ORS 137.635 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants); and

(c) The defendant is pregnant at the time of sentencing, or is the parent or legal guardian of a minor child and at the time of the offense or sentencing had physical custody of the child.

(3)(a) If the defendant meets the eligibility requirements described in subsection (2) of this section and is eligible for a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, the court may order that the defendant sign a release authorizing the Department of Human Services to provide the community corrections agency with written confirmation of, and consultation concerning, any open or current juvenile dependency proceeding or any prior substantiated allegation of abuse or neglect involving the defendant and a minor child.

(b) The court may consider eligibility in the Family Sentencing Alternative Pilot Program as a mitigating factor when determining whether to sentence the defendant to probation, with a requirement that the defendant participate in the program as a condition of probation, as a downward dispositional departure under the rules of the commission.

(4) After receipt of the information described in subsection (3) of this section, the community corrections agency, in consultation with the Department of Human Services, shall determine if the Family Sentencing Alternative Pilot Program is an appropriate program for the defendant and, if the program is appropriate and the defendant is sentenced to a term of probation, require participation in the program for the first 12 months of the probationary sentence. In addition to the conditions of probation ordered under ORS 137.540 (Conditions of probation), the defendant may be required to comply with any additional conditions related to the program, including but not limited to:

(a) Geographical restrictions, including house arrest and electronic surveillance;

(b) Participation in vocational training; and

(c) Completion of:

(A) Parenting skills classes;

(B) Drug or alcohol treatment;

(C) Mental health treatment; or

(D) Life skills classes.

(5) The Department of Human Services and community corrections agencies shall cooperate with the Department of Corrections in implementing the Family Sentencing Alternative Pilot Program described in this section.

(6) The Department of Human Services and the Department of Corrections shall jointly submit a report concerning the Family Sentencing Alternative Pilot Program, which must include program outcomes and data related to the efficacy of the program, and which may include recommendations for legislation in the manner provided by ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to the judiciary no later than January 1 of each year.

(7) The Department of Corrections shall establish a process for selecting counties to participate in the Family Sentencing Alternative Pilot Program.

(8) The Department of Corrections and the Department of Human Services may adopt rules to carry out the provisions of this section. [2015 c.830 §1; 2017 c.673 §2]

Sec. 4. Section 1 of this 2015 Act is repealed on July 1, 2025. [2015 c.830 §4]

Note: Sections 1 and 3, chapter 481, Oregon Laws 2019, provide:

Sec. 1. Coffee Creek legal services pilot program; report to legislature. (1) The Department of Corrections, in cooperation with the Oregon Criminal Justice Commission, shall establish a pilot program to provide legal services that assist women who are incarcerated at the Coffee Creek Correctional Facility to reenter and reintegrate into local communities, to reduce the womens’ vulnerability to domestic violence and to obtain employment, housing services and other benefits.

(2) The commission shall carry out the purposes of subsection (1) of this section by granting to the Oregon Justice Resource Center an amount sufficient for the center to employ three attorneys and to provide necessary support for the attorneys’ work.

(3) The commission and the Oregon Justice Resource Center shall evaluate the operations and success of the pilot program and report the results of the department’s evaluation to an interim committee of the Legislative Assembly related to corrections not later than September 15, 2021. [2019 c.481 §1]

Sec. 3. Section 1 of this 2019 Act is repealed on December 31, 2021. [2019 c.481 §3]

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