71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 168
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Legislative Counsel
Committee for Oregon District Attorneys Association)
CHAPTER ................
AN ACT
Relating to forced release; amending ORS 162.195, 162.205,
169.005, 169.046, 169.090 and 447.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 169.005 is amended to read:
169.005. As used in ORS 169.005 to 169.677 and 169.730 to
169.800, unless the context requires otherwise:
(1) 'Detainee' means a person held with no criminal charges.
{ + (2) 'Forced release' means temporary freedom of an inmate
from lawful custody before judgment of conviction due to a county
jail population emergency under ORS 169.046. + }
{ - (2) - } { + (3) + } ' Juvenile detention facility'
means a facility as described in ORS 419A.050 and 419A.052.
{ - (3) - } { + (4) + } 'Local correctional facility' means
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.
{ - (4) - } { + (5) + } 'Lockup' means 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.
{ - (5) - } { + (6) + } 'Month' means a period of 30 days.
{ - (6) - } { + (7) + } 'Prisoner' means a person held with
criminal charges or sentenced to the facility.
{ - (7) - } { + (8) + } 'Temporary hold' means 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.
SECTION 2. ORS 169.046 is amended to read:
169.046. (1) If a county court or board adopts a jail capacity
limit under ORS 169.044 and the number of inmates in its local
correctional facility exceeds that capacity limit so that a
county jail population emergency exists, the sheriff shall notify
the presiding circuit judge, each municipal court judge and
justice of the peace in the county, the district attorney for the
county, the county counsel, the chief law enforcement officer for
each city located in the county and the county court or board of
commissioners that the number of inmates in the local
Enrolled Senate Bill 168 (SB 168-INTRO) Page 1
correctional facility has exceeded capacity and that a county
jail population emergency exists.
(2) If the county court or board has adopted a jail capacity
limit and action plan under ORS 169.044 and if a county jail
population emergency occurs under the terms of the plan, the
county court or board and the county sheriff may carry out the
steps of the plan. This includes any authorization, under the
plan, for the sheriff to order inmates released in order to
reduce the jail population. A sheriff shall be immune from
criminal or civil liability for any good faith release of inmates
under ORS 169.042 to 169.046.
(3) If it becomes necessary to order inmates released under ORS
169.042 to 169.046, or if it appears to the sheriff that release
of inmates is likely to become necessary in the near future, the
sheriff shall immediately notify all police agencies in the
county to make maximum use of citations in lieu of custody
pursuant to ORS 133.055 to 133.076 until further notice.
{ + (4) If it becomes necessary to order the release of
inmates under ORS 169.042 to 169.046, the sheriff may place
inmates on forced release subject to a forced release agreement.
A forced release agreement must be in writing and be signed by
the sheriff and the inmate and must include:
(a) The date of the next court appearance of the inmate;
(b) A statement that the inmate is required to appear at the
next court appearance; and
(c) A statement that failure of the inmate to appear at the
next court appearance is subject to prosecution under ORS 162.195
or 162.205. + }
SECTION 3. ORS 162.195 is amended to read:
162.195. (1) A person commits the crime of failure to appear in
the second degree if { - , having by court order been released
from custody or a correctional facility upon a release agreement
or security release upon the condition that the person will
subsequently appear personally in connection with a charge
against the person of having committed a misdemeanor, - } the
person intentionally fails to appear as required { + after:
(a) Having by court order been released from custody or a
correctional facility under a release agreement or security
release upon the condition that the person will subsequently
appear personally in connection with a charge against the person
of having committed a misdemeanor; or
(b) Having been released from a correctional facility subject
to a forced release agreement under ORS 169.046 in connection
with a charge against the person of having committed a
misdemeanor + }.
(2) Failure to appear in the second degree is a Class A
misdemeanor.
SECTION 4. ORS 162.205 is amended to read:
162.205. (1) A person commits the crime of failure to appear in
the first degree if { - , having by court order been released
from custody or a correctional facility upon a release agreement
or security release upon the condition that the person will
subsequently appear personally in connection with a charge
against the person of having committed a felony, - } the person
intentionally fails to appear as required { + after:
(a) Having by court order been released from custody or a
correctional facility under a release agreement or security
release upon the condition that the person will subsequently
appear personally in connection with a charge against the person
of having committed a felony; or
Enrolled Senate Bill 168 (SB 168-INTRO) Page 2
(b) Having been released from a correctional facility subject
to a forced release agreement under ORS 169.046 in connection
with a charge against the person of having committed a
felony + }.
(2) Failure to appear in the first degree is a Class C felony.
SECTION 5. ORS 169.090 is amended to read:
169.090. (1) The Director of the Department of Corrections
shall publish and distribute a manual of recommended guidelines
for the operation of local correctional facilities and lockups as
developed by a jail standards committee appointed by the
director. This manual shall be revised when appropriate with
consultation and advice of the Oregon State Sheriffs'
Association, the Oregon Association of Chiefs of Police,
Association of Oregon Counties, the League of Oregon Cities and
other appropriate groups and agencies and will be redistributed
upon the approval of the Governor.
(2) The State Commission on Children and Families and the
Department of Corrections shall develop guidelines pertaining to
the operation of juvenile detention facilities, as defined in ORS
169.005 { - (2) - } . Guidelines shall be revised by the
commission and the Department of Corrections, whenever
appropriate. The guidelines shall be included in the manual
published and distributed under subsection (1) of this section.
However, the commission may choose to publish and distribute the
guidelines independently.
SECTION 6. ORS 447.250 is amended to read:
447.250. (1) When a person or governmental entity undertaking
the construction, renovation, alteration or modification of an
affected building or its related facilities determines that a
particular standard or specification exceeds the standards or
specifications imposed by the Americans with Disabilities Act and
the Fair Housing Act, and that full compliance with the standard
or specification is impractical in that it would defeat the
purpose of the project proposed or in process, it may apply to
the appeals board having jurisdiction over the project for a
waiver or modification of such standard or specification, setting
forth the reasons for its determination and a proposal for the
work complying with the particular standard or specification to
the maximum extent that it considers practical.
(2)(a) For projects involving a state correctional facility as
defined in ORS 421.005 (2), or a local correctional facility, as
defined in ORS 169.005 { - (3) - } , the appeals board referred
to in subsection (1) of this section is the Building Codes
Structures Board established under ORS 455.132.
(b) For all other projects, the appeals board referred to in
subsection (1) of this section is the appeals board established
under ORS 455.020 (4) by the municipality having jurisdiction
over the project.
(3) The appeals board shall thereupon investigate the
application. The board in its investigation shall be required to
seek the advice of the Oregon Disabilities Commission or its
designee in dealing with architectural barrier waivers. If the
appeals board finds that the proposal submitted with the
application would constitute a substantial compliance with, or an
acceptable alternative to, the particular standard or
specification in view of the objectives of ORS 447.210 to
447.280, the waiver shall be granted. If the board finds
otherwise, the application shall be promptly denied with notice
to the requesting person or governmental entity of the denial.
Enrolled Senate Bill 168 (SB 168-INTRO) Page 3
(4) The findings of the appeals board shall include the
estimated building costs and the additional cost of construction
to conform to the requirements of ORS 447.210 to 447.280 over the
cost of a nonconforming feature or any other special reason or
circumstance that, in the judgment of the board, justifies the
decision.
(5) Any person aggrieved by the final decision of an appeals
board may within 30 days of the decision appeal to the Director
of the Department of Consumer and Business Services. In the case
where no appeals board has been created the director shall have
original jurisdiction of an application for a waiver. The
applicant for a waiver or an appeal shall submit a fee of $20
payable to the director with the request for waiver or appeal. In
determining an appeal or an original application, the procedures
and standards of subsections (1) to (4) of this section shall
apply to the director.
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Passed by Senate March 1, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 4, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 168 (SB 168-INTRO) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 168 (SB 168-INTRO) Page 5