169.042 Maximum facility population; recommendation. The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following:
(1) The advice of the district attorney, county counsel and sheriff concerning prevailing constitutional standards relating to conditions of incarceration;
(2) The design capacity of the local correctional facility;
(3) The physical condition of the local correctional facility; and
(4) The programs provided for adults in custody of the local correctional facility. [1989 c.884 §2; 2019 c.213 §121]
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:169.042 Source file: ors169.html Pages: Not recorded – Not recorded Passage SHA-256: 52b3755300d3330bd82b78a2f0acc75908257f240badb85f4d0832437c9559a9 Retained source evidence SHA-256: ecb10a3ff12c4b8a850a80398634969882ef0b618722ea2730df3f9378b80c5c
Source location: ORS 169.042 (all printed versions and notes)
Stored source content
169.042 Maximum facility population; recommendation. The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following:
(1) The advice of the district attorney, county counsel and sheriff concerning prevailing constitutional standards relating to conditions of incarceration;
(2) The design capacity of the local correctional facility;
(3) The physical condition of the local correctional facility; and
(4) The programs provided for adults in custody of the local correctional facility. [1989 c.884 §2; 2019 c.213 §121]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
169.044 Action on recommendation. When the county court or board has received a recommendation pursuant to ORS 169.042, it shall either:
(1) Reject the recommendation and decline to adopt a limit on the number of adults in custody that may be held in the local correctional facility; or
(2) Adopt the recommendation and, after consultation with the officials listed in ORS 169.046 (1), issue an order establishing the maximum allowable number of adults in custody that may be held in the local correctional facility. This shall include specific standards for determining a county jail population emergency and a specific plan for resolving the emergency. [1989 c.884 §3; 2019 c.213 §122]
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