75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2292
 
LC 211/HB 2292-A4
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2292
 
                    By COMMITTEE ON JUDICIARY
 
                             June 3
 
  On page 1 of the printed A-engrossed bill, line 2, after the
first semicolon delete the rest of the line and delete lines 3
and 4 and insert 'amending sections 1 and 3, chapter 422, Oregon
Laws 2003; repealing section 2, chapter 422, Oregon Laws 2003;
and declaring an emergency.'.
  Delete lines 6 through 26 and delete page 2 and insert:
  '  { +  SECTION 1. + } Section 1, chapter 422, Oregon Laws
2003, as amended by section 331b, chapter 794, Oregon Laws 2003,
is amended to read:
  '  { +  Sec. 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 { +  department determines that 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
and sections 1 to 46, 47 to 87 and 88 to 179 of this 2003 Act - }
 { +  279.835 to 279.855 and ORS chapters 279A, 279B and
279C + }.
  ' (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. + } Section 3, chapter 422, Oregon Laws
2003, is amended to read:
  '  { +  Sec. 3. + }   { - Sections 1 and 2 of this 2003 Act
are - }  { +  Section 1, chapter 422, Oregon Laws 2003, as
amended by section 331b, chapter 794, Oregon Laws 2003, and
section 1 of this 2009 Act, is + } repealed on   { - December 31,
2009 - }  { +  January 2, 2014 + }.
  '  { +  SECTION 3. + }  { + Section 2, chapter 422, Oregon Laws
2003, is repealed. + }
  '  { +  SECTION 4. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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