ORS 421.296
Interstate Forest Fire Suppression Compact


The Interstate Forest Fire Suppression Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

The purpose of this compact is to provide for the development and execution of programs to facilitate the use of offenders in the forest fire suppression efforts of the party states for the ultimate protection of life, property and natural resources in the party states. The purpose of this compact is also, in emergent situations, to allow a sending state to cross state lines with an inmate when, because of weather or road conditions, it is necessary to cross state lines to facilitate the transport of an inmate.

(1)

“Sending state” means a state party to this compact from which a fire suppression unit is traveling.

(2)

“Receiving state” means a state party to this compact to which a fire suppression unit is traveling.

(3)

“Inmate” means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

(4)

“Institution” means any prison, reformatory, honor camp or other correctional facility, except facilities for persons with mental illness or intellectual disabilities, in which inmates may lawfully be confined.

(5)

“Fire suppression unit” means a group of inmates selected by the sending states, corrections personnel and any other persons deemed necessary for the transportation, supervision, care, security and discipline of inmates to be used in forest fire suppression efforts in the receiving state.

(6)

“Forest fire” means any fire burning in any land designated by a party state or the federal land management agencies as forestland.

(1)

Each party state may make one or more contracts with any one or more of the other party states for the assistance of one or more fire suppression units in forest fire suppression efforts. Any such contract shall provide for matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(2)

The terms and provisions of this compact shall be part of any contract entered into by the authority of, or pursuant to, this compact. Nothing in any such contract may be inconsistent with this compact.

(1)

Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each party state.

(2)

Whenever the duly constituted judicial or administrative authorities in a state party to this compact, which has entered into a contract pursuant to this compact, decide that the assistance of a fire suppression unit of a party state is required for forest fire suppression efforts, the authorities may request the assistance of one or more fire suppression units of any state party to this compact through an appointed liaison.

(3)

Inmates who are members of a fire suppression unit shall at all times be subject to the jurisdiction of the sending state and at all times shall be under the ultimate custody of corrections officers duly accredited by the sending state.

(4)

The receiving state must make adequate arrangements for the confinement of inmates who are members of a fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional confinement.

(5)

Cooperative efforts shall be made by corrections officers and personnel of the receiving state located at a fire camp with the corrections officers and other personnel in the establishment and maintenance of fire suppression unit base camps.

(6)

All inmates who are members of a fire suppression unit of a sending state shall be cared for and treated equally with such similar inmates of the receiving state.

(7)

Further, in emergent situations, a sending state shall be granted authority and all the protections of this compact to cross state lines with an inmate when, because of road conditions, it is necessary to facilitate the transport of an inmate.

(1)

If while located within the territory of a receiving state there occurs against the inmate within such state any criminal charge or if the inmate is suspected of committing within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(2)

An inmate member of a fire suppression unit of the sending state who is deemed to have escaped by a duly accredited corrections officer of a sending state shall be under the jurisdiction of both the sending state and the receiving state. Nothing contained in this Article shall be construed to prevent or affect the activities of officers and guards of any jurisdiction directed toward the apprehension and return of an escapee.
This compact shall enter into force and become effective and binding upon approval of this compact by at least two of the states from among the States of Idaho, Oregon and Washington.
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states.
Nothing contained in this compact shall be construed to abrogate or impair any agreement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

[1991 c.302 §2; 2013 c.360 §66]

Source: Section 421.296 — Interstate Forest Fire Suppression Compact, https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html.

421.005
Definitions
421.068
Use of revenue from certain sources
421.069
Report to legislature following audit of women’s correctional facility
421.073
Housing of Adults in Custody from Other Jurisdictions Account
421.076
Telephone service provider contracts
421.081
Correctional education system
421.084
Adult basic skills development program
421.085
Experimentation on adults in custody prohibited
421.105
Enforcement of rules
421.107
Use of dog for cell extraction prohibited
421.113
Provision of immunization against influenza virus
421.120
Reduction in term of sentence
421.121
Reduction in term of incarceration
421.122
Status of time enrolled in work release
421.125
Clothing, money and documents upon release
421.132
Department fees for service of process and other documents
421.137
Labeling of goods made in hobby and recreation programs
421.142
Manufacture and sale of handiwork
421.145
Disposition of moneys obtained from sale of products of labor of adult in custody
421.147
Disposition of unclaimed or abandoned tangible property of adults in custody
421.150
Custody of federal prisoners
421.155
Dangerous offenders to be observed and treated
421.160
Written report concerning conduct of dangerous offenders
421.166
Emergency leave
421.168
Transitional leave
421.170
Enrollment of adult in custody in work release program
421.180
Disciplinary procedures
421.185
Assistance and representation in disciplinary procedures
421.190
Admissible evidence at disciplinary hearing
421.194
Disciplinary orders not subject to judicial review
421.205
Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody
421.210
Transfer of adults in custody to contract institutions
421.213
Records of transfer
421.215
Procurement of transferred adults in custody when required for judicial proceedings
421.220
Return of transferred adults in custody
421.225
Expenses of superintendents
421.229
Transfer of foreign adults in custody
421.245
Interstate Corrections Compact
421.250
Powers of Governor
421.254
Priority of corrections compacts
421.282
Definitions for ORS 421.282 to 421.294
421.284
Western Interstate Corrections Compact
421.286
Commitments or transfers of inmates to institution in another state
421.288
Enforcing and administering compact
421.290
Hearings by director
421.292
Hearings in another state
421.294
Contracts to implement compact
421.296
Interstate Forest Fire Suppression Compact
421.297
Powers of Governor
421.298
Duties of State Forester
421.305
Establishment of industries in institutions
421.312
Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized
421.344
Creation of Oregon Corrections Enterprises as semi-independent agency
421.347
Advisory council
421.349
Advisory committee
421.352
Applicability of certain statutes to Oregon Corrections Enterprises
421.354
Authority of Oregon Corrections Enterprises
421.357
Limitation on amount agency may charge Oregon Corrections Enterprises
421.359
Disposition of income and revenues
421.362
Continuation of employment of certain Department of Corrections employees
421.364
Provision of legal services to Oregon Corrections Enterprises
421.367
Report to Governor and Legislative Assembly
421.405
Use of labor of adults in custody for benefit of officials prohibited
421.412
Use of labor of adults in custody in acquisition of crops to be consumed in state institutions
421.420
Use of labor of adults in custody to clear unimproved land
421.423
Use of labor of adults in custody for electrical or plumbing work
421.437
Compensation of adults in custody
421.438
Authority to enter into contracts concerning certain operations and programs
421.442
Creation of accounts and subaccounts relating to prison work and on-the-job training programs
421.444
Intellectual property
421.445
Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program
421.450
Definitions for ORS 421.455 to 421.480
421.455
Forest work camps
421.465
Transfer of state adults in custody to forest work camp
421.467
Transfer of local adults in custody to forest work camp
421.468
Prior approval required for transfer of local adult in custody
421.470
Authority over adults in custody in camps
421.476
Compensation of adults in custody for labor at forest camps
421.480
Return of adult in custody to institution
421.490
Work camps
421.500
Findings
421.502
Definitions for ORS 421.502 to 421.512
421.504
Special alternative incarceration program
421.506
Intensive alternative incarceration addiction program
421.507
Suspension or termination of program
421.508
Determination of eligibility for program
421.509
Provision of information to program participants
421.510
Eligibility for nonprison leave
421.512
Rulemaking
421.590
Medical treatment programs
421.605
Location and use of penitentiary
421.609
New correctional facilities
421.611
Findings
421.612
Definitions
421.614
Corrections facilities
421.616
When department required to nominate sites for corrections facilities
421.618
Meetings to discuss site selections
421.621
Corrections Facilities Siting Authority
421.623
Hearings in region where nominated site located
421.626
Notification to Governor
421.628
Effect of decision of Corrections Facilities Siting Authority
421.630
Judicial review
421.633
Lease of Milliron Road Site
421.635
Definitions for ORS 421.635 to 421.657
421.637
When department required to propose site
421.639
Exclusion of F. H. Dammasch State Hospital as department facility
421.641
Hearings in region where proposed site located
421.643
Notice to Governor regarding proposed site
421.645
Issuing permits necessary for construction and operation of facility
421.647
Review of decision relating to permits
421.649
Provision of public services
421.651
Prison Advisory Committee
421.653
Judicial review
421.655
Proceedings for review
421.657
Condemnation of property
421.670
Department disposal of sited property
421.805
Siting of branch institutions
421.990
Penalties
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