Chapter 195 Oregon Laws 2001
AN ACT
HB 2097
Relating to corrections;
creating new provisions; and amending ORS 423.020.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 423.020 is amended to read:
423.020. (1) The Department of Corrections is created. The
department shall:
(a) Supervise the management and administration of the
Department of Corrections institutions, parole and probation services,
community corrections and other functions related to state programs for
corrections;
(b) Carry out legally mandated sanctions for the punishment
of persons committed to its jurisdiction by the courts of this state;
(c) Exercise custody over those persons sentenced to a
period of incarceration until such time as a lawful release authority authorizes
their release;
(d) Provide adequate food, clothing, health and medical
care, sanitation and security for persons confined;
(e) Provide persons who are motivated, capable and
cooperative with opportunities for self-improvement and work;
(f) Conduct investigations and prepare reports for release
authorities; and
(g) Supervise persons sentenced or placed in the community
for the period of time specified and in accordance with conditions of
supervision ordered by the release authority.
(2) The Department of Corrections may provide consultation
services related to the criminal justice system to local or statewide public or
private agencies, groups, and individuals, or initiate such consultation
services. Consultation services shall include, but not be limited to,
conducting studies and surveys, sponsoring or participating in educational
programs, and advising and assisting these agencies, groups or individuals.
Nothing in chapter 320, Oregon Laws 1987, is intended to diminish the state’s
efforts to plan, evaluate and deliver effective human services programs to
offenders, either in an institution or on probation or parole. Therefore, the
Department of Corrections and the Department of Human Services shall continue
to jointly develop and implement needed social and rehabilitative services,
including services for inmates housed in regional minimum security facilities.
(3) The Department of Corrections shall be the recipient of
all federal funds paid or to be paid to the state to enable the state to provide
corrections programs and services assigned to the Department of Human Services
before June 15, 1987.
(4) Notwithstanding any other provision of law, the
department may charge a person confined in a Department of Corrections
institution a reasonable health care fee for any health care services,
medications and equipment provided the person during the person’s confinement
if the department:
(a) Provides necessary medical care regardless of the
person’s ability to pay;
(b) Provides equal treatment to all persons confined in a
department institution regardless of a person’s ability to pay;
(c) Establishes a system that notifies the person of the
fees and what services are covered; and
(d) Establishes a grievance system that allows a person to
challenge the deduction of a fee from the person’s account.
(5) The department
may provide ordinary medical, dental, psychiatric, psychological, hygienic or
other remedial care and treatment for a person under 18 years of age who is
confined in a Department of Corrections institution and, in an emergency in
which the safety of the person appears urgently to require it, may authorize
surgery or other extraordinary care.
SECTION 2.
Section 3 of this 2001 Act is added to
and made a part of ORS 420.005 to 420.048.
SECTION 3.
The Oregon Youth Authority may authorize
ordinary medical, dental, psychiatric, psychological, hygienic or other
remedial care and treatment for a person under 18 years of age who is placed in
the physical custody of the youth authority under ORS 137.124 and, in an
emergency in which the safety of the person appears urgently to require it, may
authorize surgery or other extraordinary care.
Approved by the Governor May
25, 2001
Filed in the office of
Secretary of State May 25, 2001
Effective date January 1,
2002
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