75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2292
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to Department of Corrections; amending sections 1 and 3,
chapter 422, Oregon Laws 2003; repealing section 2, chapter
422, Oregon Laws 2003; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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
Enrolled House Bill 2292 (HB 2292-B) Page 1
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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Passed by House April 29, 2009
Repassed by House June 9, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 5, 2009
...........................................................
President of Senate
Enrolled House Bill 2292 (HB 2292-B) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2292 (HB 2292-B) Page 3