72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2485
 
                           A-Engrossed
 
                         House Bill 2803
                  Ordered by the House April 17
            Including House Amendments dated April 17
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Authorizes Department of Corrections to enter into contracts
 { +  with public entity + } for provision of correctional
services in facilities out of state. { +  Requires Department of
Corrections to evaluate correctional facilities in this state and
determine if appropriate facilities are available before entering
contract for services in another state.
  Sunsets December 31, 2009. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
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. + }
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