169.076 Standards for local correctional facilities. Each local correctional facility shall:
(1) Provide sufficient staff to perform all audio and visual functions involving security, control, custody and supervision of all confined detainees and prisoners, with personal inspection at least once each hour. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.
(2) Have a comprehensive written policy with respect to:
(a) Legal confinement authority.
(b) Denial of admission.
(c) Telephone calls.
(d) Admission and release medical procedures.
(e) Medication and prescriptions.
(f) Personal property accountability that complies with ORS 133.455.
(g) Vermin and communicable disease control.
(h) Release process to include authority, identification and return of personal property.
(i) Rules of the facility governing correspondence and visitations.
(3) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and regulations for the operation of the facility.
(4) Not administer any physical punishment to any prisoner at any time.
(5) Provide for emergency medical and dental health, having written policies providing for:
(a) Review of the facility’s medical and dental plans by a licensed physician, physician associate, naturopathic physician or nurse practitioner.
(b) The security of medication and medical supplies.
(c) A medical and dental record system to include request for medical and dental attention, treatment prescribed, prescriptions, special diets and other services provided.
(d) First aid supplies and staff first aid training.
(6) Prohibit f
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:169.076 Source file: ors169.html Pages: Not recorded – Not recorded Passage SHA-256: 11daad26cdab99523f53558793db62c343179e6bc5bd4150ca955f8a566c3b03 Retained source evidence SHA-256: ecb10a3ff12c4b8a850a80398634969882ef0b618722ea2730df3f9378b80c5c
Source location: ORS 169.076 (all printed versions and notes)
Stored source content
169.076 Standards for local correctional facilities. Each local correctional facility shall:
(1) Provide sufficient staff to perform all audio and visual functions involving security, control, custody and supervision of all confined detainees and prisoners, with personal inspection at least once each hour. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.
(2) Have a comprehensive written policy with respect to:
(a) Legal confinement authority.
(b) Denial of admission.
(c) Telephone calls.
(d) Admission and release medical procedures.
(e) Medication and prescriptions.
(f) Personal property accountability that complies with ORS 133.455.
(g) Vermin and communicable disease control.
(h) Release process to include authority, identification and return of personal property.
(i) Rules of the facility governing correspondence and visitations.
(3) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and regulations for the operation of the facility.
(4) Not administer any physical punishment to any prisoner at any time.
(5) Provide for emergency medical and dental health, having written policies providing for:
(a) Review of the facility’s medical and dental plans by a licensed physician, physician associate, naturopathic physician or nurse practitioner.
(b) The security of medication and medical supplies.
(c) A medical and dental record system to include request for medical and dental attention, treatment prescribed, prescriptions, special diets and other services provided.
(d) First aid supplies and staff first aid training.
(6) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.
(7) Ensure that confined detainees and prisoners:
(a) Will be fed daily at least three meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other purposes.
(b) Will be fed nutritionally adequate meals in accordance with a plan reviewed by a registered dietitian or the Oregon Health Authority.
(c) Be provided special diets as prescribed by the facility’s designated physician, physician associate, naturopathic physician or nurse practitioner.
(d) Shall have food procured, stored, prepared, distributed and served under sanitary conditions, as defined by the authority under ORS 624.041.
(8) Ensure that the facility be clean, and provide each confined detainee or prisoner:
(a) Materials to maintain personal hygiene.
(b) Clean clothing twice weekly.
(c) Mattresses and blankets that are clean and fire-retardant.
(9) Require each prisoner to shower at least twice weekly.
(10) Forward, without examination or censorship, each prisoner’s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.
(11) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.
(12) Have and provide each prisoner with written rules for prisoner conduct and disciplinary procedures. If a prisoner cannot read or is unable to understand the written rules, the information shall be conveyed to the prisoner orally.
(13) Not restrict the free exercise of religion unless failure to impose the restriction will cause a threat to facility or order.
(14) Safeguard and ensure that the prisoner’s legal rights to access to legal materials are protected.
(15) In addition to the items listed in subsection (8) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following:
(a) Regular absorbent and super absorbent tampons;
(b) Regular absorbent and super absorbent sanitary pads;
(c) Postpartum pads; and
(d) Regular absorbent panty liners. [1979 c.487 §6 (enacted in lieu of 169.075); 1987 c.320 §92; 2005 c.471 §6; 2009 c.595 §116; 2013 c.63 §2; 2014 c.45 §29; 2017 c.356 §20; 2019 c.213 §46; 2019 c.489 §1; 2024 c.73 §43]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
169.070 Coordination of state services by Department of Corrections; inspections to determine compliance with standards. (1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059.
(2) In carrying out its duties under subsection (1) of this section, the department may enter into agreements with public or private entities to conduct inspections of local correctional facilities, lockups, temporary holds and juvenile detention facilities.
(3) When a county that operates a local correctional facility has conducted, or caused a public or private entity to conduct, an inspection of the local correctional facility within 24 months before an inspection would be conducted under subsection (1) of this section, the department is not required to conduct the next inspection required under subsection (1) of this section if:
(a) The standards meet or exceed the standards established in ORS 169.076;
(b) The inspection is conducted in a manner that allows the county to satisfy the requirement of paragraph (c) of this subsection; and
(c) Within 45 days after the inspection is completed, the county provides to the department:
(A)
169.080 Effect of failure to comply with standards; enforcement by Attorney General; private action. (1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 to 169.078, 169.740 and 419A.059, the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to ensure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections.
(2) The provisions of ORS 169.076 to 169.078, 169.740, 419A.059, 419B.160 and 419C.130 shall be enforceable by the Attorney General of the State of Oregon. The Attorney General, at the request of the Department of Corrections, may bring suit or action and may seek declaratory judgment as provided in ORS chapter 28 as well as pursue any other form of suit or action provided under Oregon law. Nothing in this section precludes a private right of suit or action. [1973 c.740 §4; 1979 c.338 §3; 1979 c.487 §3; 1987 c.320 §95; 1993 c.33 §311; 2019 c.13 §30; 2019 c.382 §20]
169.085 Submission of construction or renovation plans to Department of Corrections; recommendations by department.
All plans of new construction or major renovation of local correctional facilities, lockups and juvenile detention facilities shall be submitted to the Department of Corrections for review and advisory recommendations to assist local governmental agencies to provide a safe and secure facility. The recommendations of the Department of Corrections shall be advisory and not binding upon the local governmental agency with the exception of those standards established in ORS 169.076 to 169.078, 169.740 and 419A.059. The Department of Corrections must notify the respective local governmental agency 45 days after submission of the plans of its recommendations on the proposed construction or major renovation of the local correctional facility. [1973 c.740 §5; 1979 c.487 §4; 1987 c.320 §96; 1993 c.33 §312; 2019 c.382 §21]
169.740 Standards for juvenile detention facilities. (1) The standards established in ORS 169.076 to 169.078 apply to juveniles detained in juvenile detention facilities.
(2) In addition, juvenile detention facilities shall:
(a) Provide for personal inspection of each juvenile at least once each hour unless a particular situation requires more frequent inspection;
(b) Provide for personal or electronically monitored supervision on each floor where juveniles are detained;
(c) Provide for separation of detained juveniles from the sight and sound of detained adults. Juveniles may not be placed in facilities that are designated for isolation of adult prisoners in order to meet this standard;
(d) Provide for unrestricted contact between 8 a.m. and 5 p.m. for a period of not less than five hours per day between detained juveniles and their attorneys and unrestricted attorney access to the facility for private attorney-client consultation;
(e) Unless otherwise ordered by the juvenile court following a hearing, provide for the private and unrestricted receipt of and sending of mail; except that incoming mail may be opened in the presence of the juvenile upon reasonable suspicion to believe that the mail contains contraband as defined in ORS 162.135 (1) and that incoming packages shall be opened in the presence of the juvenile and their contents may be held until the juvenile is released. The juvenile shall be informed of any confiscated contraband;
(f) Provide for the payment of postage for the juvenile’s mail to an attorney or to federal, state, county or municipal government officials;
(g) Provide for nondispositional counseling and physical exercise of any juvenile held in excess of five judicial days and cause access to the juvenile held in excess of five judicial d
169.750 Restrictions on operation of juvenile detention facilities. A juvenile detention facility may not:
(1) Impose upon a detained juvenile for purposes of discipline or punishment any infliction of or threat of physical injury or pain, deliberate humiliation, physical restraint, withholding of meals, or isolation, or detention under conditions that violate the provisions of subsections (2) to (8) of this section or ORS 169.076 (7) to (11) or (13) to (15) or 169.740;
(2) Use any physical force, other means of physical control or isolation upon a detained juvenile except as reasonably necessary and justified to prevent escape from the facility, physical injury to another person, to protect a detained juvenile from physical self-injury or to prevent destruction of property, or to effectuate the confinement of the juvenile in roomlock or isolation as provided for in ORS 169.090, 169.730 to 169.800, 419A.050 and 419A.052, and for only so long as it appears that the danger exists. A use of force or other physical means of control may not employ:
(a) The use of restraining devices for a purpose other than to prevent physical injury or escape, or, in any case, for a period in excess of six hours. However, the time during which a detained juvenile is being transported to another facility pursuant to court order shall not be counted within the six hours; or
(b) Isolation for a period in excess of six hours;
(3) Use roomlock except for the discipline and punishment of a detained juvenile for violation of a rule of conduct or behavior of the facility as provided for in ORS 169.076 (12) or for conduct that constitutes a crime under the laws of this state or that would justify physical force, control or isolation under subsection (2) of this section;
(4) Cause to be made an
169.760 Juvenile detention facilities to establish written policy. All juvenile detention facilities, within six months following November 1, 1981, shall have established comprehensive written policies providing for the least restrictive alternative consistent with the safety and security of the facility, ORS 169.076, 169.078, 169.740 and 169.750, with respect to:
(1) The admission and release of juveniles to and from the facility and proper notification of the juvenile’s parent, guardian or other person responsible for the juvenile;
(2) The use of physical restraints, physical force, chemical agents, internal searches and isolation of or upon a detained juvenile;
(3) A detained juvenile’s access to medical and dental treatment, education, counseling and exercise;
(4) Access to the facility by the public and news media;
(5) Access to reading materials for detained juveniles;
(6) Dress and groom code which will allow for individual identity of detained juveniles;
(7) Access to visitation and telephone calls for a detained juvenile with family and friends;
(8) Sanctions for violating rules of prisoner conduct made pursuant to ORS 169.076 (12) and procedures for fact-finding and imposition of discipline or punishment; and
(9) Access to records and grievance procedures for complaints by the detained juvenile, the attorney of the detained juvenile, parent or guardian or other interested person as provided for in ORS 419A.255. [1981 c.869 §5; 1993 c.33 §314; 2019 c.213 §47]
169.770 Release of detained juvenile when detention facility violates standards. Notwithstanding the procedures set out in ORS 169.080 and 419A.061, the juvenile court in which venue lies pursuant to 419B.100 or 419C.005 shall, upon motion of any party or on its own motion, and after prompt hearing, release any juvenile detained in a facility which violates ORS 169.076 (7) to (11) or (13) to (15), 169.740 or 169.750, unless the court finds that such violation is not likely to reoccur. The court may comply with the release provisions of this section by transferring a detained juvenile to an available juvenile detention facility which it finds complies with ORS 169.076 (7) to (11) or (13) to (15), 169.740 and 169.750, or by placing the juvenile in shelter care, or by releasing the juvenile to the custody of a responsible adult under terms and conditions specified by the court, or by releasing the juvenile on personal recognizance under terms and conditions specified by the court. The appeal of a final order under this section does not suspend the jurisdiction of the juvenile court while the appeal is pending. No subsequent order of the juvenile court shall moot the appeal. [1981 c.869 §4; 1985 c.499 §8; 1985 c.618 §11; 1993 c.33 §315; 2001 c.480 §12; 2019 c.489 §9]
MISCELLANEOUS