ORS 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 of the residents unless otherwise directed by law or by rule.

(c)

Adopt sanitary measures for the health and comfort of the residents.

(d)

Promote the mental, moral and physical welfare and development of the residents.

(e)

Enjoy the other powers and privileges and perform the other duties that are prescribed by law or by rule or that naturally attach themselves to the position of superintendent.

(2)

The Director of the Department of Corrections and the Director of the Oregon Health Authority shall prescribe for their respective institutions:

(a)

The duties of the superintendents where the duties are not prescribed by law.

(b)

The additional duties, beyond those prescribed by law, that each agency director considers necessary for the good of the public service. [Amended by 1969 c.391 §14; 1969 c.597 §34; 1979 c.683 §4; 1987 c.320 §120; 2001 c.900 §36; 2009 c.59 §3; 2009 c.595 §133; 2013 c.36 §41; 2017 c.223 §1]

Source: Section 179.360 — Powers and duties of superintendents, https://www.­oregonlegislature.­gov/bills_laws/ors/ors179.­html.

Notes of Decisions

The superintendent has authority to require restitution for property damage and to delegate to a disciplinary committee the task of determining if charges are true. Curtis v. Ore. State Correctional Institution, 20 Or App 530, 532 P2d 798 (1975), Sup Ct review denied

The superintendent fails in statutory duty to adopt sanitary measures and to promote inmate’s physical welfare when conditions or operations or both at the institution violate state sanitation laws. Capps v. Atiyeh, 559 F Supp 894 (1982)

Where Department of Corrections administrative rule requires clinical director to appoint chief medical officer and this section requires superintendent to appoint chief medical officer, “superintendent” includes department superintendent and this section controls, which invalidates conflicting administrative rule. Smith v. Department of Corrections, 276 Or App 862, 369 P3d 1213 (2016)

Attorney General Opinions

Release of patient’s confidential case records, (1974) Vol 36, p 1080

179.010
Definitions 179.040
General powers and duties 179.045
Reports on convictions 179.050
Authority to hold property 179.055
Disposition of income from property 179.065
Furnishing utilities for institutions 179.105
Acceptance of federal or other assistance to carry out general powers and duties 179.110
Use of federal grants 179.130
Institutional petty cash fund 179.140
Auditing and paying claims 179.150
Interest in contracts prohibited 179.210
Claim for injury or damage 179.230
Rejection of claim final and not reviewable 179.240
Procedure where award due person owing debt to state 179.310
“Superintendent” defined 179.321
Responsibility to supervise state institutions 179.325
Change in use of institution for persons with developmental disabilities or mental illness 179.331
Appointment, suspension and removal of superintendents 179.340
Salaries and expenses of superintendents 179.360
Powers and duties of superintendents 179.370
Residence of superintendents at institutions 179.375
Chaplaincy services 179.380
Employment of staff 179.385
Scholarship programs to train personnel for institutions 179.390
Appointment, suspension, removal and salaries of assistants, officers and employees 179.400
Rentals to officers and employees at institution 179.405
License required for teachers at institution 179.440
Work in production of articles and performance of labor for state 179.450
Work on state-owned land 179.460
Sale and exchange of surplus products of institutions 179.471
Definitions for ORS 179.473 and 179.478 179.473
Transfers between institutions 179.478
Examination for intellectual disability 179.479
Conveyance of adults in custody from institution to physician or hospital for treatment 179.483
Time spent pursuant to transfer or conveyance counted as part of sentence 179.485
Rights of person transferred to institution for persons with mental illness or intellectual disabilities 179.486
Payment of costs in connection with transfers and conveyances 179.490
Authorization and payment of cost of emergency and necessary operations 179.492
Dispensing of brand-name mental health drugs 179.495
Disclosure of written accounts of adult in custody 179.505
Disclosure of written accounts by health care services provider 179.507
Enforcement of ORS 179.495 and 179.505 179.508
Disclosure of individually identifiable health information about adult in custody 179.509
Reports on deaths at institutions 179.510
“Funds” defined 179.520
Authorization to receive funds of institution residents 179.530
Disbursements from accounts 179.560
Members 179.570
Powers and duties of board 179.580
Ad hoc committees 179.610
Definitions for ORS 179.610 to 179.770 179.620
Liability of person or estate for cost of care 179.640
Determination of ability to pay 179.653
Unpaid costs as lien on property 179.655
Enforcement of lien 179.660
Guardian or conservator for estate of person in institution 179.701
Determination of cost-of-care rates 179.711
Remittance of amounts due 179.731
Waiver of collection of amount payable 179.740
Collection from estates 179.745
Title to and transfer of property 179.750
Equal care and services for persons in state institutions 179.770
Rules
Green check means up to date. Up to date

Current through early 2024

§ 179.360’s source at oregon​.gov