ORS 421.442
Creation of accounts and subaccounts relating to prison work and on-the-job training programs
(1)
The Department of Corrections may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, including accounts and subaccounts for the deposit of income generated from prison work programs. Accounts and subaccounts created under this subsection shall be maintained separate and distinct from the General Fund. Moneys credited to the accounts and subaccounts are continuously appropriated to the department for the purpose of implementing, maintaining and developing prison work programs. Moneys in the department accounts or subaccounts may be transferred to the adult in custody injury component of the Insurance Fund for the payment of expenses therefrom authorized by law. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.790 (Holding, investing and disposing of corporate stock) and as authorized by ORS 421.305 (Establishment of industries in institutions). Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.(2)
Oregon Corrections Enterprises may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355 (Public records exempt from disclosure), 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) to 421.367 (Report to Governor and Legislative Assembly), 421.412 (Use of labor of adults in custody in acquisition of crops to be consumed in state institutions), 421.444 (Intellectual property) and 421.445 (Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program) and this section, including accounts and subaccounts for the deposit of income generated from prison work programs. All moneys collected or received by Oregon Corrections Enterprises shall be deposited into an account or subaccounts established by Oregon Corrections Enterprises in a depository bank insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. The administrator shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the coverage of the Federal Deposit Insurance Corporation or the National Credit Union Administration. All moneys in the account or subaccounts are continuously appropriated to Oregon Corrections Enterprises for the purpose of implementing, maintaining and developing prison work programs. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.790 (Holding, investing and disposing of corporate stock) and as authorized by ORS 421.305 (Establishment of industries in institutions). Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.(3)
Moneys credited to or received by adult in custody work programs conducted by the department may not be commingled with moneys credited to or received by adult in custody work programs conducted by Oregon Corrections Enterprises.(4)
Moneys in the accounts or subaccounts are available for implementing, maintaining and developing prison work and on-the-job training programs, including, but not limited to:(a)
The purchase of all necessary machinery and equipment for establishing, equipping and enlarging prison industries;(b)
The purchase of raw materials, the payment of salaries and wages and all other expenses necessary and proper in the judgment of the Director of the Department of Corrections or the administrator of Oregon Corrections Enterprises in the conduct and operation of prison industries; and(c)
Department transfers to the adult in custody injury component of the Insurance Fund from the payment of expenses authorized by law.(5)
No part of the accounts or subaccounts may be expended for maintenance, repairs, construction or reconstruction, or general or special expenses of a Department of Corrections institution, other than for prison work and on-the-job training programs.(6)
The transfers referred to in subsections (1) and (4)(c) of this section may be authorized by the Legislative Assembly, or the Emergency Board if the Legislative Assembly is not in session, whenever it appears to the Legislative Assembly or the board, as the case may be, that there are insufficient moneys in the adult in custody injury component of the Insurance Fund for the payment of expenses authorized by law. [1995 c.384 §26; 1997 c.851 §5; 1999 c.955 §27; 2003 c.405 §8; 2019 c.213 §89; 2021 c.97 §45]
Source:
Section 421.442 — Creation of accounts and subaccounts relating to prison work and on-the-job training programs, https://www.oregonlegislature.gov/bills_laws/ors/ors421.html.
Attorney General Opinions
Meaning of, and expenditure limitations applicable to, “any other revenues available to the account”, (1996) Vol 48, p 134
Up to date