ORS 169.046
Notice of county jail population emergency

  • action to be taken
  • notification if release likely
  • forced release

(1)

If a county court or board adopts a jail capacity limit under ORS 169.044 (Action on recommendation) and the number of adults in custody in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of adults in custody in the local correctional facility has exceeded capacity and that a county jail population emergency exists.

(2)

If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 (Action on recommendation) and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order adults in custody released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of adults in custody under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency).

(3)

If it becomes necessary to order adults in custody released under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency), or if it appears to the sheriff that release of adults in custody is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation) until further notice.

(4)

If it becomes necessary to order the release of adults in custody under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency), the sheriff may place adults in custody on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the adult in custody and must include:

(a)

The date of the next court appearance of the adult in custody;

(b)

A statement that the adult in custody is required to appear at the next court appearance; and

(c)

A statement that failure of the adult in custody to appear at the next court appearance is subject to prosecution under ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree). [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2; 2019 c.213 §44]

Source: Section 169.046 — Notice of county jail population emergency; action to be taken; notification if release likely; forced release, https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).

Notes of Decisions

Admission of forced release agreements authorized under this section and admitted into evidence under business records exception to hearsay rule at trial for defendant’s failure to appear did not constitute violation of Confrontation Clause of Sixth Amendment to United States Constitution where court, after objective examination, determined that agreements were not testimonial because agreements did not serve primary purpose of providing prima facie evidence in criminal proceeding, but instead, served dual purpose of prosecution and administration to ensure smooth functioning of court system. State v. Rytting, 324 Or App 828, 527 P3d 777 (2023), Sup Ct review denied

169.005
Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800 169.030
Construction, maintenance and use of local correctional facilities by county and city 169.040
Inspection of local correctional facilities 169.042
Maximum facility population 169.044
Action on recommendation 169.046
Notice of county jail population emergency 169.050
Contracts for boarding of prisoners 169.053
Agreements with other counties or Department of Corrections for confinement and detention of offenders 169.055
Contracts with Department of Corrections for county prisoners awaiting sentencing 169.070
Coordination of state services by Department of Corrections 169.072
Provision of services or assistance by Department of Corrections through arrangements with local governments 169.076
Standards for local correctional facilities 169.077
Standards for lockup facilities 169.078
Standards for temporary hold facilities 169.080
Effect of failure to comply with standards 169.085
Submission of construction or renovation plans to Department of Corrections 169.090
Manual of guidelines for local correctional facility operation 169.105
Unconscious person not to be admitted to custody in facility 169.110
Time credit for good behavior 169.115
Temporary leave 169.120
Credit for work 169.140
Furnishing prisoners food, clothing and necessary medical aid 169.150
Payment of expenses of keeping prisoners 169.151
Expenses of keeping prisoners 169.152
Liability for costs of medical care for persons in county facility 169.153
Liability of public agency for costs of medical care provided to persons in transport 169.155
Definitions for ORS 169.155 and 169.166 169.166
Liability for costs of medical services 169.170
Assignment of county prisoners to public works 169.180
Assignment of city prisoners to public works 169.190
Transfer of prisoners to another county for public work 169.210
Contracts for private employment of prisoners 169.220
Care of county prisoners 169.320
Control over prisoners 169.330
Civil liability for release of prisoner 169.340
Liability for escape of defendant in a civil action 169.350
Liability for failing to serve papers 169.360
Appointment of keeper of local correctional facility 169.610
Policy 169.620
“Regional correctional facility” defined 169.630
Joint establishment or operation of facilities 169.635
Provision of personal hygiene products 169.640
Status of facility for custody of misdemeanants and violators 169.650
Status of facility operated by Department of Corrections 169.660
Status of persons confined in facility operated by Department of Corrections 169.670
Transfer of persons to facility operated by Department of Corrections 169.673
Conversion of state correctional institutions into regional correctional facilities 169.677
Converted facilities to house felony or misdemeanant prisoners 169.681
Limit on telephone service provider fee or commission 169.683
Requirements for request for proposals 169.685
Inmate Welfare Fund Account 169.690
Establishment of halfway houses and other facilities 169.730
Definitions for ORS 169.740 to 169.760 169.740
Standards for juvenile detention facilities 169.750
Restrictions on operation of juvenile detention facilities 169.760
Juvenile detention facilities to establish written policy 169.770
Release of detained juvenile when detention facility violates standards 169.800
Detention of juveniles before conviction and execution of sentence 169.810
Assumption of duties by regional correctional facility constitutes assumption by public employer

Current through early 2026

§ 169.046. Notice of county jail population emergency's source at oregon​.gov