71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2097
 
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)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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.
 
 
Enrolled House Bill 2097 (HB 2097-INTRO)                   Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by House January 31, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 9, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2097 (HB 2097-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2097 (HB 2097-INTRO)                   Page 3