ORS 169.151
Expenses of keeping prisoners

  • reimbursement from prisoners
  • amounts
  • procedures

(1)

A city or, notwithstanding ORS 169.150 (Payment of expenses of keeping prisoners) (1), a county may seek reimbursement from a person who is or was committed to the local correctional facility of the county or city upon conviction of a crime for any expenses incurred by the county or city in safekeeping and maintaining the person. The county or city may seek reimbursement:

(a)

At a rate of $60 per day or its actual daily cost of safekeeping and maintaining the person, whichever is less, multiplied by the total number of days the person was confined to the local correctional facility, including, but not limited to, any period of pretrial detention; and

(b)

For any other charges or expenses that the county or city is entitled to recover under ORS 169.150 (Payment of expenses of keeping prisoners).

(2)

The county or city may seek reimbursement for expenses as provided in subsection (1) of this section by filing a civil action no later than six years after the person from whom reimbursement is sought is released from the local correctional facility.

(3)

When a person is found liable for expenses described in subsection (1) of this section and an amount is determined, the court shall, before entering a judgment against the person, allow the person to present evidence on the issue of the person’s ability to pay. When a person presents such evidence, the court shall determine the person’s ability to pay taking into consideration:

(a)

The financial resources of the person and the burden that payment will impose on the person in providing basic economic necessities to the person or the person’s dependent family; and

(b)

Any other monetary obligations imposed upon the person by the court as a result of the conviction for which the person was committed to the local correctional facility.

(4)

The court, and not a jury, shall determine the defendant’s ability to pay under subsection (3) of this section.

(5)

Upon the conclusion of a proceeding under subsection (3) of this section, the court may enter a judgment:

(a)

Of dismissal if the court finds that the person lacks the ability to pay;

(b)

For less than the full amount determined if the court finds that the person has the ability to pay a portion of the amount; or

(c)

For the full amount determined, plus costs and disbursements, if the court determines the person has the ability to pay.

(6)

Any reimbursements collected under this section must be credited to the general fund of the county or city to be available for general fund purposes. [1997 c.349 §2; 1999 c.801 §2; 2009 c.783 §15]

Source: Section 169.151 — Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures, https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html.

Notes of Decisions

Mechanism for city or county to recover cost of incarceration through civil suit does not preclude recovery through court-imposed condition of probation or other means. State v. Johnston, 176 Or App 418, 31 P3d 1101 (2001)

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
Green check means up to date. Up to date

Current through early 2024

§ 169.151’s source at oregon​.gov