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 fentanyl under ORS 475.752 (Prohibited acts generally) (8)(a);

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(G)

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; 2023 c.413 §3]

Source: Section 423.478 — Duties of department and counties; authority of county supervisory authority, https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).

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 423.480
Adoption of supervision rules 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

Current through early 2026

§ 423.478. Duties of department & counties's source at oregon​.gov