169.005 Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800. As used in ORS 169.005 to 169.685 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 adult in custody from lawful custody before judgment of conviction due to a county jail population emergency under ORS 169.046.
(3) “Juvenile detention facility” means a facility as described in ORS 419A.050 and 419A.052.
(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.
(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.
(6) “Month” means a period of 30 days.
(7) “Prisoner” means a person held with criminal charges or sentenced to the facility.
(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. [1973 c.740 §1; 1979 c.487 §1; 1985 c.499 §4; 1993 c.33 §309; 2001 c.517 §1; 2019 c.213 §43]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 169 — Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
2025 EDITION
LOCAL CORRECTIONAL AND JUVENILE FACILITIES
CRIMES AND PUNISHMENTS
DEFINITIONS
LOCAL CORRECTIONAL FACILITIES
ENFORCEMENT OF STANDARDS FOR LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES
TREATMENT OF PRISONERS
DUTIES AND LIABILITIES OF SHERIFF
REGIONAL FACILITIES
PROVISION OF CORRECTIONAL FACILITY TELEPHONE SERVICES
HALFWAY HOUSES
JUVENILE DETENTION FACILITIES
MISCELLANEOUS
JAIL-BASED MEDICATIONS FOR OPIOID USE DISORDER GRANT PROGRAM
DEFINITIONS
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Stable record: oregon_criminal_law:legal_authorities:169.005 Source file: ors169.html Pages: Not recorded – Not recorded Passage SHA-256: 48d8303792ee393f8f26c0ba1231cb1baac381492fa78274726cb6ea672ac5a2 Retained source evidence SHA-256: ecb10a3ff12c4b8a850a80398634969882ef0b618722ea2730df3f9378b80c5c
Source location: ORS 169.005 (all printed versions and notes)
Stored source content
169.005 Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800. As used in ORS 169.005 to 169.685 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 adult in custody from lawful custody before judgment of conviction due to a county jail population emergency under ORS 169.046.
(3) “Juvenile detention facility” means a facility as described in ORS 419A.050 and 419A.052.
(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.
(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.
(6) “Month” means a period of 30 days.
(7) “Prisoner” means a person held with criminal charges or sentenced to the facility.
(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. [1973 c.740 §1; 1979 c.487 §1; 1985 c.499 §4; 1993 c.33 §309; 2001 c.517 §1; 2019 c.213 §43]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
169.046 Notice of county jail population emergency; action to be taken; notification if release likely; forced release. (1) If a county court or board adopts a jail capacity limit under ORS 169.044 and the number of adults in custody 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 adults in custody in the local 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 adults in custody released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of adults in custody under ORS 169.042 to 169.046.
(3) If it becomes necessary to order adults in custody released under ORS 169.042 to 169.046, or if it appears to the sheriff that release of adults in custody 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 adults in custody unde
164.164 Defense in prosecution under ORS 164.162; applicability of ORS 164.162. (1) In a prosecution under ORS 164.162, it is a defense that the defendant acted under an honest claim of right in that:
(a) The defendant was unaware that the property was that of another person;
(b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or
(c) The property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged offense.
(2)(a) ORS 164.162 does not apply to employees charged with the operation of facilities listed in paragraph (b) of this subsection when the employees are carrying out their official duties to protect the safety and security of the facilities.
(b) The facilities to which paragraph (a) of this subsection applies are juvenile detention facilities and local correctional facilities as defined in ORS 169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 §3; 2015 c.629 §32]
Note: See note under 164.160.
MONEY LAUNDERING
169.090 Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation. (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 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 Youth Development Council established by ORS 417.847 and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005. Guidelines shall be revised by the Youth Development Council 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 Youth Development Council may choose to publish and distribute the guidelines independently. [1973 c.740 §6; 1981 c.869 §7; 1987 c.320 §97; 1993 c.18 §28; 1993 c.676 §40; 2001 c.517 §5; 2001 c.904 §1; 2001 c.905 §2; 2003 c.14 §68; 2012 c.37 §108]
TREATMENT OF PRISONERS
169.105 Unconscious person not to be admitted to custody in facility. No person who is unconscious shall be admitted to custody in a facility described in ORS 169.005, but shall instead be taken immediately to the nearest appropriate medical facility for medical diagnosis, care and treatment. [1983 c.547 §2]
169.850 Definitions. As used in ORS 169.853:
(1) “Commission” means the Oregon Criminal Justice Commission.
(2) “Local correctional facility” has the meaning given that term in ORS 169.005 and also means any facility operated by a county supervisory authority, as defined in ORS 144.087, including facilities for providing corrections supervision services or custodial services.
(3) “Tribal correctional facility” means a jail or prison in Oregon that is operated by a federally recognized tribe and confines persons for more than 36 hours. [2024 c.70 §81; 2025 c.532 §17; 2025 c.557 §27]
Note: The amendments to 169.850 by section 27, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, including amendments by section 17, chapter 532, Oregon Laws 2025, is set forth for the user’s convenience.
169.850. As used in ORS 169.850 and 169.853 and sections 83, 84, 85 and 86, chapter 70, Oregon Laws 2024:
(1) “Commission” means the Oregon Criminal Justice Commission.
(2) “Local correctional facility” has the meaning given that term in ORS 169.005 and also means any facility operated by a county supervisory authority, as defined in ORS 144.087, including facilities for providing corrections supervision services or custodial services.
(3) “Tribal correctional facility” means a jail or prison in Oregon that is operated by a federally recognized tribe and confines persons for more than 36 hours.