Oregon Statutes - Chapter 179 - Administration of State Institutions

179.010 �Institutions� defined.
As used in this chapter, unless the context requires otherwise, �institutions� means the institutions designated in ORS 179.321. [Amended by 1969 c.597 §17; 1969 c.706...
179.020 [Repealed by 1969 c.199 §59]
179.030 [Amended by 1961 c.271 §1; repealed by 1969 c.199 §59]
179.040 General powers and duties.
(1) The Department of Corrections and the Department of Human Services shall: (a) Govern, manage and administer the affairs of the public institutions and works...
179.045 Reports on convictions; forms; confidentiality.
(1) The clerk of a circuit or county court shall cause a report to be made to the Department of Corrections on each offender convicted...
179.050 Authority to hold property.
The Department of Corrections and the Department of Human Services may receive, take and hold property, both real and personal, for any institution within their...
179.055 Disposition of income from property; maintenance of property.
(1) The revenue from the rental or lease of property administered by an institution governed or managed by the Department of Corrections or the Department...
179.060 [Repealed by 1969 c.597 §281]
179.065 Furnishing utilities for institutions.
The Department of Corrections and the Department of Human Services shall have the same powers with respect to furnishing heat, light, power, sewage, fire protection...
179.070 [Repealed by 1969 c.199 §59]
179.080 [Repealed by 1969 c.199 §59]
179.090 [Amended by 1965 c.476 §9; 1967 c.2 §1; repealed by 1969 c.199 §59]
179.100 [Repealed by 1969 c.199 §59]
179.105 Acceptance of federal or other assistance to carry out general powers and duties; legislative or Emergency Board approval prior to expenditure.
(1) For a purpose of ORS 179.040, including aid and support of research in any of the institutions, the Department of Corrections and the Department...
179.110 Use of federal grants; cooperation with federal agencies; disposition of balances of appropriations.
Subject to the approval of the Director of the Oregon Department of Administrative Services, the Department of Corrections and the Department of Human Services, respectively,...
179.115 [1957 c.602 §2; repealed by 1969 c.199 §59]
179.120 [Amended by 1961 c.651 §2; repealed by 1967 c.55 §2]
179.122 [1959 c.290 §13; 1965 c.616 §87; renumbered 423.070]
179.130 Institutional petty cash fund; creation; reimbursement from appropriation for institution.
(1) The executive head of each institution may execute a claim voucher against the Institutional Betterment Fund to the credit of the institution, in favor...
179.140 Auditing and paying claims; approval of vouchers.
Subject to any applicable provision of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to 291.260,...
179.150 Interest in contracts prohibited.
No officer of the Department of Corrections or the Department of Human Services or officer, employee or other person connected with an institution shall be...
179.160 [1955 c.242 §1; subsection (2) enacted as 1961 c.652 §2 (3); 1969 c.597 §25; 1971 c.615 §13; 1981 c.106 §11; repealed by 1983 c.599 §10]
179.210 Claim for injury or damage; conditions.
(1) The Department of Human Services, the Department of Corrections and the Superintendent of Public Instruction may audit, allow and pay a claim for damage...
179.220 [1965 c.476 §4; 1969 c.597 §30; repealed by 1995 c.452 §5]
179.230 Rejection of claim final and not reviewable.
The decision of the Department of Human Services, the Department of Corrections or the Superintendent of Public Instruction to reject any claim filed under ORS...
179.240 Procedure where award due person owing debt to state.
(1) If any person owes a debt to this state or a state agency, and the debt has been fixed by final judgment of a...
179.250 [1965 c.476 §7; 1969 c.597 §32; repealed by 1995 c.452 §5]
179.310 �Superintendent� defined.
When used in ORS 179.010 to 179.495, unless the context otherwise requires, �superintendents� means the executive heads of the institutions listed in ORS 179.321.
179.320 [Amended by 1955 c.651 §2; 1955 c.660 §25; 1959 c.588 §17; 1963 c.632 §5; repealed by 1965 c.616 §78 (179.321 enacted in lieu of 179.320)]
179.321 Responsibility to supervise state institutions.
(1) The Department of Human Services shall operate, control, manage and supervise the Blue Mountain Recovery Center, the Eastern Oregon Training Center and the Oregon...
179.323 [1967 c.346 §§1,2; repealed by 1969 c.199 §59]
179.325 Change in use of institution for persons with mental illness or mental retardation.
The Department of Human Services may order the change, in all or part, of the purpose and use of any state institution being used as...
179.330 [Amended by 1963 c.471 §1; repealed by 1965 c.616 §80 (179.331 enacted in lieu of 179.330)]
179.331 Appointment, suspension and removal of superintendents.
(1) The superintendents shall be appointed and, whenever the public service requires such action, may be removed, suspended or discharged, as follows: (a) Superintendents of...
179.340 Salaries and expenses of superintendents.
(1) The annual salaries of the superintendents shall be fixed, within the respective appropriations therefor and the limitations otherwise fixed by law by their respective...
179.350 [Amended by 1969 c.597 §28; repealed by 1987 c.320 §246]
179.360 Powers and duties of superintendents.
(1) Each superintendent shall: (a) Have custody of the residents of the institution under jurisdiction of the superintendent. (b) Direct the care, custody and training...
179.370 Residence of superintendents at institutions.
The Director of the Department of Corrections or the Director of Human Services may require that a superintendent reside in state-provided housing at the institution...
179.375 Chaplaincy services.
(1) The Department of Corrections and the Department of Human Services shall insure that adequate chaplaincy services, including but not limited to Protestant and Roman...
179.380 Employment of staff; oaths and bonds.
(1) The Department of Corrections and the Department of Human Services shall authorize the employment of all necessary physicians, attendants, nurses, engineers, messengers, clerks, guards,...
179.385 Scholarship programs to train personnel for institutions; rules.
The Department of Corrections and the Department of Human Services, respectively, may establish scholarship programs to provide assistance in securing qualified personnel at state institutions...
179.390 Appointment, suspension, removal and salaries of assistants, officers and employees; contract services.
(1) The superintendent of an institution other than an institution within the jurisdiction of the Department of Human Services shall, subject to the approval of...
179.400 Rentals to officers and employees at institution.
The superintendent of an institution may rent state-provided housing located at the institution under the jurisdiction of the superintendent to state officers and employees or...
179.405 License required for teachers at institution.
No Department of Corrections institutions, youth correction facilities as defined in ORS 420.005 and institutions listed in ORS 427.010 shall employ persons regularly as teachers...
179.410 [Repealed by 1969 c.597 §281]
179.420 [Repealed by 1969 c.597 §281]
179.430 [Repealed by 1969 c.597 §281]
179.440 Work in production of articles and performance of labor for state.
In order to minimize the cost of maintaining the institutions, all wards of the state who are capable of a reasonable amount of work without...
179.450 Work on state-owned land.
The Department of Corrections may direct the employment of able-bodied persons at the Department of Corrections institutions and the Department of Human Services may direct...
179.460 Sale and exchange of surplus products of institutions; rules; State Institutional Betterment Fund.
(1) In order to encourage industry and thereby increase productiveness in the institutions, the Department of Corrections and the Department of Human Services shall prescribe...
179.470 [Repealed by 1969 c.597 §281]
179.471 Definitions for ORS 179.473 and 179.478.
As used in ORS 179.473 and 179.478, unless the context requires otherwise: (1) �Youth correction facility� has the meaning given that term in ORS 420.005....
179.473 Transfers between institutions; rules.
(1) Whenever the health and welfare of the person and the efficient administration of the institution require the transfer of an inmate of a Department...
179.474 [1957 c.160 §1; repealed by 1965 c.616 §83 (179.473 enacted in lieu of 179.474)]
179.475 [1977 c.601 §3; 1987 c.320 §127; 1999 c.110 §3; repealed by 2005 c.439 §5]
179.476 [1957 c.160 §2; 1965 c.616 §85; 1969 c.597 §41; 1975 c.662 §2; repealed by 1977 c.601 §8]
179.477 [1977 c.601 §4; 1979 c.408 §6; 1985 c.242 §6; 1987 c.320 §128; 1999 c.110 §4; 2001 c.104 §59; repealed by 2005 c.439 §5]
179.478 Examination for mental retardation; commitment hearing; transfer to hospital or training center for persons with mental retardation; termination of sentence.
(1) If the person, a relative, guardian or friend, or institution staff have probable cause to believe that an inmate or youth offender is a...
179.479 Conveyance of inmates from institution to physician or hospital for treatment; rules.
(1) The superintendent or other chief executive officer of an institution described in ORS 179.321 may, when authorized by regulation or direction of the Department...
179.480 [Amended by 1955 c.86 §1; repealed by 1957 c.160 §6]
179.483 Time spent pursuant to transfer or conveyance counted as part of sentence.
Any time spent by an inmate of a Department of Corrections institution pursuant to a transfer or conveyance shall be counted as part of the...
179.485 Rights of person transferred to institution for persons with mental illness or mental retardation.
Persons transferred to a state institution for persons with mental illness or mental retardation under ORS 179.473, 179.478 and 420.505 shall be entitled to the...
179.486 Payment of costs in connection with transfers and conveyances; medical reports to accompany certain inmates.
(1) The institution from which a transfer or conveyance is made shall pay from its appropriation the cost of such of the following items as...
179.490 Authorization and payment of cost of emergency and necessary operations.
In the case of a necessary or emergency operation, requiring the services of a specialist, and where the relatives or guardians, in the judgment of...
179.492 Dispensing of brand-name mental health drugs.
(1) The Department of Human Services or the Department of Corrections shall dispense as written a prescription for a brand-name mental health drug prescribed for...
179.495 Disclosure of inmate written accounts; penalty.
(1) Written accounts of the inmates of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or...
179.500 [Repealed by 1969 c.597 §281]
179.505 Disclosure of written accounts by health care services provider.
(1) As used in this section: (a) �Disclosure� means the release of, transfer of, provision of access to or divulgence in any other manner of...
179.507 Enforcement of ORS 179.495 and 179.505; actions; venue; damages.
(1) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action...
179.508 Disclosure of individually identifiable health information about inmate.
(1) The Department of Corrections may disclose individually identifiable health information without obtaining an authorization from an inmate or a personal representative of the inmate...
179.509 Reports on deaths at institutions; compilation submitted to President and Speaker.
(1) The superintendent of each state institution shall submit quarterly reports on the number of deaths, including the ages of the deceased, the causes of...
179.510 �Funds� defined; deposit of funds of institution residents with State Treasurer.
(1) The superintendent or state agency that possesses or controls funds that are the property of the residents of such institutions or that have been...
179.520 Authorization to receive funds of wards; separate accounts.
The superintendent or state agencies are authorized to receive any of the funds referred to in ORS 179.510 to 179.530. The State Treasurer shall carry...
179.530 Disbursements from accounts; accountability.
Disbursements from the accounts for the purposes for which the contributions or payments were made, and for payment to persons lawfully entitled thereto, may be...
179.540 [Formerly 120.210; 1993 c.98 §11; repealed by 1997 c.87 §1]
179.545 [Formerly 120.220; repealed by 1997 c.87 §1]
179.550 [Formerly 120.230; repealed by 1997 c.87 §1]
179.610 Definitions for ORS 179.610 to 179.770.
As used in ORS 179.610 to 179.770, unless the context requires otherwise: (1) �Agency� means either the Department of Human Services for a person in...
179.620 Liability of person or estate for cost of care.
(1) A person and the personal estate of the person, or a decedent�s estate, is liable for the full cost of care. Full cost of...
179.630 [1959 c.652 §3 (1); 1963 c.598 §1; 1967 c.549 §3; repealed by 1973 c.546 §13]
179.635 [1969 c.257 §§2,3,4,5; 1971 c.750 §3; repealed by 1973 c.546 §13 and 1973 c.806 §2a; amended by 1973 c.827 §22]
179.640 Determination of ability to pay; rules; financial information; notice; order; hearing; appeal.
(1)(a) Both the Department of Human Services and the Department of Corrections shall establish rules for determining ability to pay for persons in their respective...
179.643 [1969 c.257 §8; 1973 c.546 §4; repealed by 1989 c.348 §16]
179.645 [1967 c.534 §32; repealed by 1973 c.806 §14]
179.650 [1959 c.652 §5; 1967 c.549 §5; 1969 c.591 §295; 1973 c.546 §5; 1973 c.806 §5a; repealed by 1989 c.348 §16]
179.653 Unpaid costs as lien on property; order; when appealable.
(1) If any person or authorized representative refuses to pay for the cost of care as ordered by the Department of Human Services or the...
179.655 Enforcement of lien; distraint warrant.
(1) If any amount due the Department of Human Services or the Department of Corrections for the cost of care of a person is not...
179.660 Guardian or conservator for estate of person in institution.
If the Department of Human Services or the Department of Corrections believes a person at one of its state institutions needs a guardian or conservator,...
179.670 [1959 c.652 §7; 1969 c.591 §296; 1973 c.546 §6; repealed by 1973 c.806 §14]
179.680 [1959 c.652 §8; 1967 c.549 §6; 1973 c.546 §7; repealed by 1973 c.806 §14]
179.690 [1959 c.652 §9; repealed by 1973 c.546 §13]
179.700 [1959 c.652 §10; 1961 c.639 §1; 1965 c.182 §1; repealed by 1967 c.549 §1 (179.701 enacted in lieu of 179.700)]
179.701 Determination of cost-of-care rates.
The cost-of-care rates for a person shall be determined by the Department of Human Services or the Department of Corrections, as appropriate. The rates established...
179.710 [1955 c.5 §1; renumbered 179.510]
179.711 Remittance of amounts due; refunds.
(1) Remittance of amounts due for care of persons at state institutions as provided in ORS 179.610 to 179.770 shall be made to the Department...
179.720 [1955 c.5 §2; renumbered 179.520]
179.721 [1959 c.652 §13; 1973 c.546 §9; repealed by 1989 c.348 §16]
179.730 [1955 c.5 §3; renumbered 179.530]
179.731 Waiver of collection of amount payable.
If the Department of Human Services or the Department of Corrections determines that collection of the amount payable under ORS 179.610 to 179.770 for the...
179.740 Collection from estates; settlement.
(1) The Department of Human Services or the Department of Corrections, as appropriate, may file a claim against the decedent�s estate for any unpaid charges...
179.745 Title to and transfer of property.
The State of Oregon, by and through the Department of Human Services or the Department of Corrections, may take title to real and personal property...
179.750 Equal care and services for persons in state institutions.
(1) Discrimination may not be made in the admission, accommodation, care, education or treatment of any person in a state institution because the person does...
179.760 [1959 c.652 §15; repealed by 1973 c.546 §13]
179.770 Rules; employees.
(1) In accordance with any applicable provisions of ORS chapter 183, both the Department of Human Services and the Department of Corrections may adopt any...

Last modified: August 7, 2008