Chapter 422 Oregon Laws 2003
AN ACT
HB 2803
Relating to corrections; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) The Department of
Corrections may enter into a contract with a public entity for the provision of
correctional services in a correctional facility that is located in another
state if the facility is suitable for the confinement and care of persons
committed to the legal and physical custody of the department.
(2)
Contracts entered into under subsection (1) of this section are exempt from the
provisions of ORS chapter 279.
(3)(a)
After entering into a contract under subsection (1) of this section, the
department:
(A)
May convey a person committed to the legal and physical custody of the department
to a correctional facility owned or operated by the public entity with whom the
department has contracted; and
(B)
May transfer physical custody of the person to the custodial authorities of the
facility.
(b)
A person whose physical custody is transferred under this subsection shall be
confined in the correctional facility to which the person was conveyed 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 the physical custody of the department; or
(ii)
Be conveyed to another correctional facility.
(c)
Except as otherwise provided in the contract entered into under subsection (1)
of this section, a person whose physical custody is transferred under this
subsection is subject to the operational policies and procedures of the
correctional facility to which the person is transferred, including but not
limited to policies and procedures for the conduct and discipline of persons
incarcerated in the correctional facility.
(4) When a contract under subsection (1) of this section expires, the department shall return all persons confined in a correctional facility pursuant to the contract to the physical custody of the department or convey the persons to another correctional facility pursuant to another contract.
SECTION
2. The Department of Corrections
may not enter into a contract under section 1 of this 2003 Act unless the
department:
(1)
Evaluates the availability and cost of correctional facilities in this state
considering constitutional requirements, state law requirements and the
availability of programs that enhance the likelihood of offenders successfully
functioning in society upon release; and
(2) Determines that appropriate correctional facilities are not available in this state.
SECTION 3. Sections 1 and 2 of this 2003 Act are repealed on December 31, 2009.
SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor June 18, 2003
Filed in the office of Secretary of State June 18, 2003
Effective date June 18, 2003
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