2017 ORS 423.020¹
Department of Corrections
  • duties and powers
  • fees

(1) The Department of Corrections is created. The department shall:

(a) Supervise the management and administration of the Department of Corrections institutions, parole and probation services, community corrections and other functions related to state programs for corrections;

(b) Carry out legally mandated sanctions for the punishment of persons committed to its jurisdiction by the courts of this state;

(c) Exercise custody over those persons sentenced to a period of incarceration until such time as a lawful release authority authorizes their release;

(d) Provide adequate food, clothing, health and medical care, sanitation and security for persons confined;

(e) Provide persons who are motivated, capable and cooperative with opportunities for self-improvement and work;

(f) Conduct investigations and prepare reports for release authorities; and

(g) Supervise persons sentenced or placed in the community for the period of time specified and in accordance with conditions of supervision ordered by the release authority.

(2) The Department of Corrections may provide consultation services related to the criminal justice system to local or statewide public or private agencies, groups, and individuals, or initiate such consultation services. Consultation services shall include, but not be limited to, conducting studies and surveys, sponsoring or participating in educational programs, and advising and assisting these agencies, groups or individuals. Nothing in chapter 320, Oregon Laws 1987, is intended to diminish the state’s efforts to plan, evaluate and deliver effective human services programs to offenders, either in an institution or on probation or parole. Therefore, the Department of Corrections and the Department of Human Services shall continue to jointly develop and implement needed social and rehabilitative services, including services for inmates housed in regional minimum security facilities.

(3) The Department of Corrections shall be the recipient of all federal funds paid or to be paid to the state to enable the state to provide corrections programs and services assigned to the Department of Human Services before June 15, 1987.

(4) Notwithstanding any other provision of law, the department may charge a person confined in a Department of Corrections institution a reasonable health care fee for any health care services, medications and equipment provided the person during the person’s confinement if the department:

(a) Provides necessary medical care regardless of the person’s ability to pay;

(b) Provides equal treatment to all persons confined in a department institution regardless of a person’s ability to pay;

(c) Establishes a system that notifies the person of the fees and what services are covered; and

(d) Establishes a grievance system that allows a person to challenge the deduction of a fee from the person’s account.

(5) The department may provide ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for a person under 18 years of age who is confined in a Department of Corrections institution and, in an emergency in which the safety of the person appears urgently to require it, may authorize surgery or other extraordinary care. [1965 c.616 §2; 1967 c.352 §1; 1967 c.585 §6; 1969 c.597 §98; 1971 c.401 §107; 1987 c.320 §1; 1995 c.523 §2; 2001 c.195 §1]

Note: The Legislative Counsel has not, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication), undertaken to substitute specific ORS references for the words “chapter 320, Oregon Laws 1987.” Chapter 320, Oregon Laws 1987, enacted into law and amended the ORS sections which may be found by referring to the 1987 Comparative Section Table located in Volume 20 of Oregon Revised Statutes.

Notes of Decisions

Duty of Depart­ment of Correc­tions to provide for safety of inmates carries implicit legislative authoriza­tion to con­duct administrative searches to intercept contraband. AFSCME Local 2623 v. Dept. of Correc­tions, 109 Or App 662, 820 P2d 892 (1991), aff’d315 Or 74, 843 P2d 409 (1992)

Law Review Cita­tions

53 OLR 58 (1973)

1 Legislative Counsel Committee, CHAPTER 423—Corrections and Crime Control Administration and Program, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors423.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 423, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano423.­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.