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
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:169.770 Source file: ors169.html Pages: Not recorded – Not recorded Passage SHA-256: 633c7522fb9c176aabab32ef1359a0e7acc248a8961ba090e1df8c7023b842c6 Retained source evidence SHA-256: ecb10a3ff12c4b8a850a80398634969882ef0b618722ea2730df3f9378b80c5c
Source location: ORS 169.770 (all printed versions and notes)
Stored source content
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
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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
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]