Local and Regional Correctional Facilities
ORS
169.076
Standards for local correctional facilities
(1)
Provide sufficient staff to perform all audio and visual functions involving security, control, custody and supervision of all confined detainees and prisoners, with personal inspection at least once each hour. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.(2)
Have a comprehensive written policy with respect to:(a)
Legal confinement authority.(b)
Denial of admission.(c)
Telephone calls.(d)
Admission and release medical procedures.(e)
Medication and prescriptions.(f)
Personal property accountability that complies with ORS 133.455 (Receipts for property taken from person in custody).(g)
Vermin and communicable disease control.(h)
Release process to include authority, identification and return of personal property.(i)
Rules of the facility governing correspondence and visitations.(3)
Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and regulations for the operation of the facility.(4)
Not administer any physical punishment to any prisoner at any time.(5)
Provide for emergency medical and dental health, having written policies providing for:(a)
Review of the facility’s medical and dental plans by a licensed physician, physician assistant, naturopathic physician or nurse practitioner.(b)
The security of medication and medical supplies.(c)
A medical and dental record system to include request for medical and dental attention, treatment prescribed, prescriptions, special diets and other services provided.(d)
First aid supplies and staff first aid training.(6)
Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.(7)
Ensure that confined detainees and prisoners:(a)
Will be fed daily at least three meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other purposes.(b)
Will be fed nutritionally adequate meals in accordance with a plan reviewed by a registered dietitian or the Oregon Health Authority.(c)
Be provided special diets as prescribed by the facility’s designated physician, physician assistant, naturopathic physician or nurse practitioner.(d)
Shall have food procured, stored, prepared, distributed and served under sanitary conditions, as defined by the authority under ORS 624.041 (Rules).(8)
Ensure that the facility be clean, and provide each confined detainee or prisoner:(a)
Materials to maintain personal hygiene.(b)
Clean clothing twice weekly.(c)
Mattresses and blankets that are clean and fire-retardant.(9)
Require each prisoner to shower at least twice weekly.(10)
Forward, without examination or censorship, each prisoner’s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.(11)
Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.(12)
Have and provide each prisoner with written rules for prisoner conduct and disciplinary procedures. If a prisoner cannot read or is unable to understand the written rules, the information shall be conveyed to the prisoner orally.(13)
Not restrict the free exercise of religion unless failure to impose the restriction will cause a threat to facility or order.(14)
Safeguard and ensure that the prisoner’s legal rights to access to legal materials are protected.(15)
In addition to the items listed in subsection (8) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following:(a)
Regular absorbent and super absorbent tampons;(b)
Regular absorbent and super absorbent sanitary pads;(c)
Postpartum pads; and(d)
Regular absorbent panty liners. [1979 c.487 §6 (enacted in lieu of 169.075); 1987 c.320 §92; 2005 c.471 §6; 2009 c.595 §116; 2013 c.63 §2; 2014 c.45 §29; 2017 c.356 §20; 2019 c.213 §46; 2019 c.489 §1]Notes of Decisions
Under Former Similar Statute (Ors 169.075)
Where county had exercised authority under [former] ORS 203.120 by establishing local correctional facility, terms of this section requiring compliance with Uniform Building Code were applicable and fact that requirements of applicable provision were unclear did not excuse trial court from construing requirements and fashioning decree granting alternative writ of mandamus. State ex rel Watson v. Rader, 36 Or App 847, 585 P2d 769 (1978)
Chapter 169
Law Review Citations
53 OLR 32 (1973)