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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 167

JAIL INSPECTIONS

291-167-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of Department of Corrections in accordance with ORS 169.070, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To provide coordinated state services to local governments with respect to local correctional facilities and juvenile detention facilities within the State of Oregon.

(3) Policy: It is the policy of the Department of Corrections to designate staff within the state to:

(a) Provide technical assistance to local governments in planning and operation of county correctional facilities.

(b) Inspect local facilities for compliance with standards established in ORS 169.070, 169.076 to 169.078, 169.740, 419A.052 and 419B.180.

(c) Take appropriate action to insure compliance as provided in ORS 169.080;

(d) Review plans of new construction or major renovation of local correctional facilities, temporary holds, lockups and juvenile detention facilities providing advisory recommendation on safety and security as provided in ORS 169.085.

Stat. Auth.: ORS 169, ORS 179, ORS 419 & ORS 423
Stats. Implemented: ORS 169.070 - ORS 169.085, ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86; CD 31-1986, f. & ef. 9-19-86; DOC 5-2001, f. & cert. ef. 2-7-01

291-167-0010

Definitions

(1) Detainee: A person held with no criminal charges.

(2) Juvenile Detention Facility: A facility as described in ORS 419.612 and includes local correctional facilities and lockups where juveniles are detained.

(3) Local Confinement Facility: Any facility operated by local government entity for the purpose of holding or lodging prisoners, detainees, or juveniles as described in ORS 419.612.

(4) Local Correctional Facility: A jail or prison for the reception and confinement of prisoners that is provided, maintained and operated by a county or city and holds persons for more than 36 hours.

(5) Lockup: A facility for the temporary detention of arrested persons held up to 36 hours, excluding holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96 hours after booking.

(6) Major Renovation: A plan to alter a local confinement facility to the extent that security, supervision of prisoners, or general operation is changed. Major renovation is the restructure, or adding to any portion of a building which is designed and used for confinement, that equals 50 percent of the total value of that area, or 50 percent of the total square feet of space.

(7) Temporary Hold: A facility, the principal purpose of which is the temporary detention of a prisoner for four or less hours while awaiting court appearance or transportation to a local correctional facility.

Stat. Auth.: ORS 169, ORS 179, ORS 419 & ORS 423
Stats. Implemented: ORS 169.070 - ORS 169.085, ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86; CD 31-1986, f. & ef. 9-19-86; DOC 5-2001, f. & cert. ef. 2-7-01

291-167-0015

Procedure

(1) The state jail inspector shall provide technical assistance, inspection of facilities, review renovation and new construction plans for all confinement facilities within the state and take appropriate action to insure the compliance with standards established in ORS 169.076 to 169.078, 419A.052 and 419B.180.

(a) The state jail inspector will respond to requests for assistance from county commissioners, sheriffs, county legal counsel, mayors, chiefs of police and city attorneys within a reasonable time frame agreed upon with the requesting parties.

(b) The state jail inspector will routinely inspect local confinement facilities and report his findings with respect to the appropriate statutory standards to the authorities responsible for the facility's operation and control.

(A) County adult confinement facilities reports will be forwarded to the facility director, county commissions, and sheriff of the county.

(B) Juvenile confinement facility reports will be forwarded to the chair of the county commissioners, juvenile court director and/or facility manager.

(C) City confinement facility reports will be forwarded to chief of police, mayor and/or city manager.

(c) The state jail inspector will establish and maintain a file for each of the confinement facilities within the state and for those contracted out of state which contains:

(A) Most recent inspection report;

(B) Fire Marshall inspection report;

(C) Health and Sanitation inspections;

(D) Other pertinent correspondence and information germane to the facility.

(d) Local confinement facilities which are found not to be in compliance with the appropriate standards, the state jail inspector will:

(A) Notify the appropriate authority responsible for the facility's operation in writing, stating the violation and/or condition of non-compliance. The notification should give a reasonable time for compliance.

(B) If compliance is not met, the state jail inspector will notify the Director of the Department of Corrections who shall refer the matter to the Attorney General for action as authorized by ORS 169.080.

(e) The state jail inspector will review new construction and major renovation plans submitted by local government and make appropriate recommendation to the local government agency within 45 days of submission of the plans.

Stat. Auth.: ORS 169, ORS 179, ORS 419 & ORS 423
Stats. Implemented: ORS 169.070 - ORS 169.085, ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86; CD 31-1986, f. & ef. 9-19-86; DOC 5-2001, f. & cert. ef. 2-7-01

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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