Oregon Offenses Against the State and Public Justice
ORS 162.135
Definitions for ORS 162.135 to 162.205

As used in ORS 162.135 (Definitions for ORS 162.135 to 162.205) to 162.205 (Failure to appear in the first degree), unless the context requires otherwise:


(a) “Contraband” means:


Controlled substances as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980);


Drug paraphernalia as defined in ORS 475.525 (Sale of drug paraphernalia prohibited);


Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of an adult in custody confined in a correctional facility; or


Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.


“Contraband” does not include authorized currency possessed by an adult in custody in a work release facility.


“Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” 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).


“Currency” means paper money and coins that are within the correctional institution.


“Custody” means the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.


“Escape” means the unlawful departure of a person from custody or a correctional facility. “Escape” includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board). “Escape” does not include failure to comply with provisions of a conditional release in ORS 135.245 (Release decision).


“Youth correction facility” means:


A youth correction facility as defined in ORS 420.005 (Definitions); and


A detention facility as defined in ORS 419A.004 (Definitions).


“State hospital” means the Oregon State Hospital and any other hospital established by law for similar purposes.


“Unauthorized departure” means the unauthorized departure of a person confined by court order in a youth correction facility or a state hospital that, because of the nature of the court order, is not a correctional facility as defined in this section, or the failure to return to custody after any form of temporary release or transitional leave from a correctional facility. [1971 c.743 §189; 1973 c.836 §342; 1983 c.740 §28; 1983 c.815 §7; 1985 c.565 §16; 1989 c.790 §53; 1991 c.809 §1; 1993 c.33 §307; 1995 c.738 §2; 1997 c.249 §47; 1999 c.504 §1; 2001 c.295 §8; 2001 c.900 §24; 2005 c.685 §10; 2007 c.14 §3; 2011 c.708 §21; 2013 c.36 §36; 2015 c.318 §8; 2017 c.442 §20; 2019 c.213 §39]
Last accessed
May. 15, 2020