2017 ORS 421.623¹
Hearings in region where nominated site located
  • ranking sites
  • findings

(1) Within 30 days after nomination of sites as set forth in ORS 421.616 (When department required to nominate sites for corrections facilities), the Corrections Facilities Siting Authority shall hold a hearing within the region where each nominated site is located to receive Department of Corrections, local government, neighborhood, law enforcement and public testimony regarding the sites nominated and conditions proposed therefor.

(2) Not later than 10 days before the hearing held by the authority as required by subsection (1) of this section, any affected local government or any person may submit proposed conditions to the authority. Each proposed condition shall:

(a) Be stated separately;

(b) Be in writing;

(c) Identify the site to which the condition, if approved, would attach;

(d) Be specific;

(e) Directly relate to any site or its proposed development, infrastructure, access thereto or physical condition on or in the immediate vicinity of such site; and

(f) Be supported by a statement of the need or reasons therefor.

(3)(a) Within 45 days after nomination of the sites as set forth in ORS 421.616 (When department required to nominate sites for corrections facilities), the authority shall select and rank in order of preference such sites as the Governor deems necessary or advisable for the construction and operation of corrections facilities, and specify site development conditions for each site, supported by findings, which findings shall address the criteria specified by the department pursuant to ORS 421.614 (Corrections facilities) and in ORS 421.616 (When department required to nominate sites for corrections facilities).

(b) In addition to the findings required by paragraph (a) of this subsection, when the authority refuses to adopt a proposed condition submitted in accordance with subsection (2) of this section, the authority shall state on the record why, in its judgment, the refusal to adopt the proposed condition is in the public interest.

(4) If one or more of the nominated sites meets the mandatory criteria established by the department pursuant to ORS 421.614 (Corrections facilities), the local jurisdiction demonstrates interest as described in subsection (5) of this section, and the authority selects a site that has not demonstrated interest as described under subsection (5) of this section, the authority shall make findings that demonstrate why it selected the site in which the local jurisdiction did not demonstrate interest.

(5) A local jurisdiction may demonstrate interest by presenting to the Department of Corrections a resolution that sets forth such interest no later than 30 days from issuance of an executive order under ORS 421.616 (When department required to nominate sites for corrections facilities). [1995 c.745 §7; 1999 c.853 §1]

Note: See note under 421.611 (Findings).

Notes of Decisions

Ranking require­ment applies only to selected sites, not to nominated sites. City of Wilsonville v. Dept. of Correc­tions, 326 Or 152, 951 P2d 128 (1997)

1 Legislative Counsel Committee, CHAPTER 421—Department of Corrections Institutions; Compacts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors421.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 421, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano421.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.