Administration of State Institutions

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]

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

Source

Last accessed
Mar. 11, 2023

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