71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 609
 
                           A-Engrossed
 
                         House Bill 2095
                 Ordered by the House January 22
           Including House Amendments dated January 22
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for the Department of Corrections)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Repeals sunset of authority of Department of Corrections to
contract for out-of-state facilities and services. { +
Eliminates department's authority to contract with private
out-of-state facilities. + }
  Takes effect December 31, 2001.
 
                        A BILL FOR AN ACT
Relating to corrections; amending section 1, chapter 621, Oregon
  Laws 1995; repealing section 2, chapter 621, Oregon Laws 1995;
  and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 1, chapter 621, Oregon Laws 1995, as amended
by section 10, chapter 4, Oregon Laws 1996, and section 20,
chapter 802, Oregon Laws 1997, is amended to read:
   { +  Sec. 1. + } (1) Notwithstanding any other provision of
law, the Department of Corrections may enter into contracts with
public
  { - and private - }  entities to provide correctional
facilities and services in another state suitable for the
confinement and care of persons committed to the legal and
physical custody of the department.
  (2) Agreements entered into under subsection (1) of this
section are exempt from the provisions of ORS chapter 279.
  (3)(a) After entering into an agreement under subsection (1) of
this section, the department, or its agent:
  (A) May convey any person committed to the legal and physical
custody of the department to a public correctional facility owned
or operated by the entity with which the department has the
agreement; and
  (B) May deliver the person to the custodial authorities of the
facility.
  (b) A person transferred by the department to a public   { - or
private - }  correctional facility under this section shall be
confined in the facility until:
  (A) The person's sentence has expired or the person is
otherwise discharged by law; or
  (B) The department directs that the person:
  (i) Be returned to department custody; or
  (ii) Be delivered to another  { + public + } correctional
facility.
  (4) Except as otherwise specified by agreement entered into
under subsection (1) of this section, a person transferred by the
department to a public   { - or private - }  correctional
facility under this section is subject to the operational
policies and procedures of the facility, including but not
limited to facility policies and procedures for the conduct and
disciplining of prisoners incarcerated in the facility.
  (5) When an agreement under subsection (1) of this section
expires, the department or its agent shall return all department
inmates confined in the facility under the agreement to
department custody or cause the inmates to be delivered to
another  { + public + } correctional facility.
  SECTION 2.  { + Section 2, chapter 621, Oregon Laws 1995, is
repealed. + }
  SECTION 3.  { + This 2001 Act takes effect December 31,
2001. + }
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