ORS 423.478
Duties of department and counties

  • authority of county supervisory authority

(1)

The Department of Corrections shall:

(a)

Operate prisons for offenders sentenced to terms of incarceration for more than 12 months;

(b)

Provide central information and data services sufficient to:

(A)

Allow tracking of offenders; and

(B)

Permit analysis of correlations between sanctions, supervision, services and programs, and future criminal conduct; and

(c)

Provide interstate compact administration and jail inspections.

(2)

Subject to ORS 423.483 (Baseline funding), each county, in partnership with the department, shall assume responsibility for community-based supervision, sanctions and services for offenders convicted of felonies, designated drug-related misdemeanors or designated person misdemeanors who are:

(a)

On parole;

(b)

On probation;

(c)

On post-prison supervision;

(d)

Sentenced, on or after January 1, 1997, to 12 months or less incarceration;

(e)

Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for violation of a condition of parole, probation or post-prison supervision; or

(f)

On conditional release under ORS 420A.206 (Conditional release).

(3)

Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (2) or (4), the supervisory authority may execute the sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority. If the supervisory authority releases a person from custody under this subsection and the person is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), the supervisory authority, as a condition of release, shall order the person to report to the Department of State Police, a city police department or a county sheriff’s office or to the supervising agency, if any:

(a)

When the person is released;

(b)

Within 10 days of a change of residence;

(c)

Once each year within 10 days of the person’s birth date;

(d)

Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(e)

Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(4)

As used in this section:

(a)

“Attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(b)

“Designated drug-related misdemeanor” means:

(A)

Unlawful possession of methadone under ORS 475.824 (Unlawful possession of methadone) (2)(b);

(B)

Unlawful possession of oxycodone under ORS 475.834 (Unlawful possession of oxycodone) (2)(b);

(C)

Unlawful possession of heroin under ORS 475.854 (Unlawful possession of heroin) (2)(b);

(D)

Unlawful possession of 3,4-methylenedioxymethamphetamine under ORS 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(b);

(E)

Unlawful possession of cocaine under ORS 475.884 (Unlawful possession of cocaine) (2)(b); or

(F)

Unlawful possession of methamphetamine under ORS 475.894 (Unlawful possession of methamphetamine) (2)(b).

(c)

“Designated person misdemeanor” means:

(A)

Assault in the fourth degree constituting domestic violence if the judgment document is as described in ORS 163.160 (Assault in the fourth degree) (4);

(B)

Menacing constituting domestic violence if the judgment document is as described in ORS 163.190 (Menacing) (3); or

(C)

Sexual abuse in the third degree under ORS 163.415 (Sexual abuse in the third degree). [1995 c.423 §9; 1997 c.313 §33; 1997 c.433 §9; 1999 c.156 §1; 1999 c.626 §21; amendments by 1999 c.626 §44 repealed by 2001 c.884 §1; 2005 c.567 §12; 2009 c.204 §9; 2009 c.713 §16; 2017 c.706 §17; 2021 c.2 §20; 2021 c.591 §§44,44a]

Source: Section 423.478 — Duties of department and counties; authority of county supervisory authority, https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html.

423.010
Definitions for ORS 423.010 to 423.070
423.020
Department of Corrections
423.030
Department not limited by ORS 423.020
423.035
Application of ORS 411.171 (1)
423.045
Handgun or ammunition on department property
423.055
Provision of personal hygiene products
423.070
Deposit and disbursement of funds received under Western Interstate Corrections Compact
423.075
Director
423.076
Director’s authority to grant peace officer power to corrections officer
423.077
Certification of department employees to provide mental health services
423.078
Visitors
423.085
Administrator of Correctional Education
423.090
Establishment or designation of diagnostic facilities
423.093
Reimbursement of expenses from prisoner
423.097
Department of Corrections Account
423.100
Revolving fund
423.105
Payment of court-ordered financial obligations
423.110
Acceptance of moneys for reentry services
423.120
Supplemental funding for reentry of young offenders
423.150
Treatment for drug-addicted persons
423.160
Bill of rights of children of incarcerated parents
423.400
Office established
423.405
Qualifications for office
423.410
Term
423.415
Deputy and additional officers and employees
423.420
General duties and powers
423.425
Investigatory authority
423.430
Investigative priority
423.435
Recommendations following investigation
423.440
Letters between ombudsman and persons in custody
423.445
Witness rights
423.450
Contempt proceedings against person interfering with ombudsman
423.475
Findings
423.478
Duties of department and counties
423.483
Baseline funding
423.486
Costs incurred by county
423.490
Department reimbursement of counties for costs incurred pursuant to ORS 813.011
423.497
National criminal history check
423.500
Definitions for ORS 423.500 to 423.560
423.505
Legislative policy on program funding
423.520
Financial grants to counties for community corrections programs
423.525
Application for financial aid
423.530
Procedure for determining amount of financial grants
423.535
Biennial community corrections plan required
423.540
Program compliance review by Director of Department of Corrections
423.549
State positions in community corrections branch
423.555
Statewide program evaluation and information system
423.557
“Recidivism” defined for statistical evaluations
423.560
Local public safety coordinating council
423.565
Additional duties of public safety coordinating council
423.569
Annual summary
423.600
Legislative findings
423.605
Definition
423.610
Liability of persons associated with program
423.615
Rules
Green check means up to date. Up to date