ORS 423.490
Department reimbursement of counties for costs incurred pursuant to ORS 813.011; rules


(1)

The Legislative Assembly finds and declares that:

(a)

In November of 2010, the voters enacted ORS 813.011 (Felony driving under the influence of intoxicants), which directed the state to fully reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011 (Felony driving under the influence of intoxicants), including the costs of pretrial incarceration.

(b)

Different counties incur different costs of incarceration and many counties incur different costs for different adults in custody within the same facility.

(c)

The Legislative Assembly intends to honor the direction given by the voters while also creating an efficient and effective means by which to do so.

(d)

Counties and the Department of Corrections have previously agreed that the calculated rate at which the department provides moneys to counties under ORS 423.530 (Procedure for determining amount of financial grants) for persons sentenced to 12 months or less incarceration is an efficient and effective means by which to reimburse counties for the costs of their incarceration.

(2)

The department shall reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011 (Felony driving under the influence of intoxicants), including the costs of pretrial incarceration.

(3)

The department shall adopt rules prescribing the manner in which a county may submit a claim for reimbursement under this section. The reimbursement shall be calculated using the rate at which the department provides moneys to counties under ORS 423.530 (Procedure for determining amount of financial grants) for persons sentenced to 12 months or less incarceration.

(4)

Reimbursements made to counties under this section must be made from moneys appropriated to the department for that purpose. [2011 c.598 §3; 2019 c.213 §146]

Source
Last accessed
May. 15, 2020