Bill Text: OR SB188 | 2013 | Regular Session | Enrolled
Bill Title: Relating to persons confined in a correctional facility; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-05-31 - Effective date, May 23, 2013. [SB188 Detail]
Download: Oregon-2013-SB188-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 188
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Corrections)
CHAPTER ................
AN ACT
Relating to persons confined in a correctional facility; creating
new provisions; amending ORS 137.750, 420A.035, 421.445,
655.505, 655.510, 655.515, 655.535, 655.540 and 655.555; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 7, 9 and 10 of this 2013 Act are
added to and made a part of ORS 420.060 to 420.235. + }
SECTION 2. { + (1) The Oregon Youth Authority may establish
and administer a work release program in which persons who are
committed to the custody of the Department of Corrections and
placed in the physical custody of the youth authority under ORS
137.124 or other statute may be authorized to leave assigned
quarters for the purpose of:
(a) Participating in private, gainful employment;
(b) Participating in a work program approved by the youth
authority, including work with public or private agencies or
persons, with or without compensation;
(c) Obtaining in this state additional education, including but
not limited to vocational, technical and general education;
(d) Participating in alcohol or drug treatment programs;
(e) Participating in mental health programs;
(f) Specific treatment to develop independent living skills; or
(g) Other purposes established by the youth authority by rule.
(2) After consulting with the Department of Corrections, the
youth authority shall adopt rules to carry out the provisions of
sections 2 to 7 of this 2013 Act.
(3) The provisions of this section do not apply to persons
sentenced under ORS 137.635, 137.700 or 137.707 or any other
provision of law that prohibits eligibility for any form of
temporary leave from custody. + }
SECTION 3. { + (1) The Oregon Youth Authority shall administer
the work release program described in sections 2 to 7 of this
2013 Act by means of such staff organization and personnel as the
Director of the Oregon Youth Authority considers necessary or
advisable. In addition to other duties, the youth authority may:
(a) Locate employment for qualified applicants;
(b) Effect placement of persons under the work release program;
Enrolled Senate Bill 188 (SB 188-A) Page 1
(c) Prescribe any special conditions that are appropriate to
ensure compliance by a person participating in the work release
program with the general procedures and objectives of the work
release program; and
(d) Collect, account for and make disbursements from earnings,
if any, of persons under the work release program.
(2) The youth authority may enter into agreements with public
or private agencies or persons for the employment of persons
participating in the work release program or for providing
services related to the work release program. + }
SECTION 4. { + The Oregon Youth Authority may contract with
the governing bodies of political subdivisions in this state,
with the federal government and with any private agencies
approved by the youth authority for the quartering in suitable
local facilities of persons enrolled in the work release program
described in sections 2 to 7 of this 2013 Act. + }
SECTION 5. { + (1) Each person assigned to participate in the
work release program described in sections 2 to 7 of this 2013
Act shall promptly surrender to the Oregon Youth Authority all
compensation the person receives, if any, other than amounts
involuntarily withheld by the employer of the person.
(2) The youth authority shall adopt rules providing for the
disposition of any compensation earned by persons under sections
2 to 7 of this 2013 Act. + }
SECTION 6. { + A person assigned by the Oregon Youth Authority
to participate in the work release program described in sections
2 to 7 of this 2013 Act, or any other work program, is not an
agent, employee or servant of a youth correction facility, the
youth authority, the Department of Corrections or this state or a
political subdivision of this state:
(1) While working, seeking gainful employment or otherwise
participating in the work release or other work program; or
(2) While going to the place of employment or work release
assignment from the place where the person is quartered or while
returning therefrom. + }
SECTION 7. { + The unauthorized absence of a person assigned
to the work release program from the place of employment or work
assignment or the assigned quarters, if the absence is contrary
to the rules or specific conditions applicable to the person
under sections 2 to 7 of this 2013 Act:
(1) Immediately terminates the assignment of the person to the
work release program; and
(2) Constitutes escape in the second degree from a correctional
facility under ORS 162.155. + }
SECTION 8. ORS 137.750 is amended to read:
137.750. (1) When a court sentences a defendant to a term of
incarceration upon conviction of a crime, the court shall order
on the record in open court as part of the sentence imposed that
the defendant may be considered by the executing or releasing
authority for any form of temporary leave from custody, reduction
in sentence, work release or program of conditional or supervised
release authorized by law for which the defendant is otherwise
eligible at the time of sentencing, unless the court finds on the
record in open court substantial and compelling reasons to order
that the defendant not be considered for such leave, release or
program.
(2) The executing or releasing authority may consider the
defendant for a program described in subsection (1) of this
section only upon order of the sentencing court appearing in the
judgment.
Enrolled Senate Bill 188 (SB 188-A) Page 2
(3) As used in this section:
(a) 'Executing or releasing authority' means the Department of
Corrections, State Board of Parole and Post-Prison Supervision,
{ + Oregon Youth Authority, + } Psychiatric Security Review
Board, Oregon Health Authority, sentencing court or supervisory
authority.
(b) 'Supervisory authority' has the meaning given that term in
ORS 144.087.
SECTION 9. { + Persons committed to the custody of the
Department of Corrections and placed in the physical custody of
the Oregon Youth Authority under ORS 137.124 or any other
statute:
(1) Are entitled to the protection and benefits of ORS 655.505
to 655.555.
(2) Are not entitled to the protection and benefits of ORS
chapter 656 or 657. + }
SECTION 10. { + A youth offender or a person committed to the
custody of the Department of Corrections and placed in the
physical custody of the Oregon Youth Authority under ORS 137.124
or other statute may be supervised by any employee or agent of a
local, state or federal governmental agency while the youth
offender or committed person is assigned to a youth correction
facility and participating in a work release program or other
work program provided by the youth authority, pursuant to an
agreement between the agency and the youth authority. An
agreement entered into under this section must require that
persons exercising custodial supervision over the youth offender
or committed person receive security training approved and
provided by the youth authority in consultation with the
Department of Corrections. + }
SECTION 11. ORS 420A.035 is amended to read:
420A.035. The Oregon Youth Authority may deposit money
belonging to youth offenders { + or others in youth authority
custody + } in a trust account in the State Treasury separate and
distinct from the General Fund. Interest earned by the account,
if any, shall accrue to the benefit of the account.
SECTION 12. ORS 421.445 is amended to read:
421.445. Notwithstanding any other law, inmates participating
in a program operated by { + the Department of Corrections or
+ }Oregon Corrections Enterprises may be supervised by any
employee or agent of a local, state or federal governmental
agency pursuant to an agreement between the agency and { + the
department or the agency and + } Oregon Corrections Enterprises.
An agreement entered into under this section must require that
the person exercising custodial supervision over inmates receive
security training approved and provided by the department
{ - of Corrections - } .
SECTION 13. ORS 655.505 is amended to read:
655.505. As used in ORS 655.505 to 655.555:
(1) 'Attending practitioner' means Department of Corrections
{ + or Oregon Youth Authority + } medical staff, or specialists
assisting Department of Corrections { + or Oregon Youth
Authority + } medical staff, while the inmate is committed to the
physical and legal custody of the Department of Corrections. At
all other times, 'attending practitioner' means a person licensed
in Oregon or another state as a medical doctor, doctor of
osteopathy, doctor of optometry, doctor of dentistry or nurse
practitioner who provides services within the scope of the
license.
Enrolled Senate Bill 188 (SB 188-A) Page 3
(2) 'Authorized work or occupational training assignment '
means the work assignment of an inmate:
(a) As authorized by ORS 421.305 to 421.340;
(b) As authorized by ORS 421.450 to 421.480;
(c) As authorized by ORS 144.410 to 144.525; { - or - }
{ + (d) As authorized by ORS 420.011; + }
{ + (e) As authorized by sections 2 to 7 of this 2013 Act;
or + }
{ - (d) - } { + (f) + } In any other inmate activity or
program, including, but not limited to, on-the-job training
established by the Department of Corrections under section 41,
Article I, Oregon Constitution, whether or not compensation has
been established by the Director of the Department of Corrections
for participation in the activity or program.
(3) 'Department' means the Oregon Department of Administrative
Services.
(4) 'Injury' means:
(a) An accidental injury or accidental injury to prosthetic
devices occurring in the course of, and caused in major part by,
an authorized work or occupational training assignment requiring
medical services and resulting in disability or death; or
(b) Any disease or infection that:
(A) Arises out of, and in the course of, an authorized work or
occupational training assignment;
(B) Is caused in major part by ingestion, absorption or
inhalation of, or contact with, dust, fumes, vapors, gases,
radiation or other substances to which a worker who is not an
inmate is not ordinarily subjected or exposed while working;
(C) Requires medical services; and
(D) Results in disability or death.
(5) 'Inmate' means a person committed to the physical and legal
custody of the Department of Corrections.
(6) 'Medical services' means reasonable and necessary services
prescribed by an attending practitioner for conditions resulting
from injury for a period that the nature of the injury or the
process of recovery requires. 'Medical services' includes
medical, surgical, hospital, nursing, ambulance and other related
services, drugs, medicine, crutches and prosthetic appliances,
braces and supports and, when necessary, physical restorative
services.
(7) 'Medically stationary' means that no further material
improvement would reasonably be expected from medical treatment
or the passage of time.
(8) The terms 'beneficiary,' 'child' and 'dependent '
{ - are defined as provided - } { + have the meanings given
those terms + } in ORS 656.005.
SECTION 14. ORS 655.510 is amended to read:
655.510. (1) Every inmate shall receive benefits as provided in
ORS 655.505 to 655.555 for injury sustained in an authorized work
or occupational training assignment { + if the injury + }:
(a) { - Where the injury - } Is proximately caused by or
received in the course of the authorized work or occupational
training assignment, with or without negligence of the inmate;
(b) { - Where the injury - } Is not intentionally
self-inflicted;
(c) { - Where the injury - } Is not a result of a willful
violation of work rules or rules regulating inmate conduct or
premises security; and
(d) { - Where the injury - } Does not occur to an active
participant in an assault or combat that is not connected to the
Enrolled Senate Bill 188 (SB 188-A) Page 4
job assignment and that constitutes a deviation from customary
duties.
(2) An injury must be established by medical evidence supported
by objective findings. The medical evidence must be substantiated
by verifiable pathological indication of injury that includes,
but is not limited to, range of motion, atrophy, muscle strength,
palpable muscle spasm and diagnostic evidence substantiated by
clinical findings. Objective findings do not include physical
findings or subjective responses to physical examinations that
are not consistently reproducible, measurable or observable, or
do not fit an anatomical pattern and that cannot be demonstrated
after reasonable medical evaluation. A claimant's statement to a
physician or other party does not constitute objective medical
evidence sufficient to substantiate an injury.
(3) The following circumstances do not constitute a basis for
establishing an injury:
(a) Compulsion to participate in employment or training;
(b) Disciplinary action taken by the Department of
Corrections { + or the Oregon Youth Authority + };
(c) Action taken by the Department of Corrections { + or the
Oregon Youth Authority, + } to protect the safety of persons
{ - other than inmates or of other inmates - } or to maintain
order; or
(d) Actions of other inmates { + or youth offenders as defined
in ORS 419A.004 + }.
(4) The filing of claims for benefits under ORS 655.505 to
655.555 is the exclusive remedy of an inmate or beneficiary of
the inmate for injuries compensable under ORS 655.505 to 655.555
against the state or its political subdivisions or any person or
entity that contracts with the Department of Corrections { + or
the Oregon Youth Authority + } for the services of inmate labor,
any person or entity that employs an inmate in a work release
program established under ORS 144.420 { + or section 2 of this
2013 Act + } or any owner or manager of premises where authorized
work or occupational training assignments occur, regardless of
negligence. This section applies to any work-related injury to,
or conditions of, an inmate whether or not the injury { + or
conditions are + } { - is - } determined to be compensable
under ORS 655.505 to 655.555.
SECTION 15. ORS 655.515 is amended to read:
655.515. If an inmate sustains an injury as described in ORS
655.510, benefits shall be delivered in a manner similar to that
provided for injured workers under the workers' compensation laws
of this state, except that:
(1) No benefits, except medical services and any occupational
training or rehabilitation services provided by the Department of
Corrections { + or the Oregon Youth Authority + }, shall accrue
to the inmate until the date of release from confinement and
shall be based upon the condition of the inmate at that time.
(2) Benefits shall be discontinued during any subsequent period
of reconfinement in a penal institution.
(3) Costs of rehabilitation services to inmates with
disabilities shall be paid out of the Insurance Fund established
under ORS 278.425 in an amount approved by the Oregon Department
of Administrative Services, which shall be the reasonable and
necessary cost of such services.
(4) Medical services when the inmate is confined in a
Department of Corrections facility shall be those provided by the
Department of Corrections { + , and medical services when the
inmate is confined in a youth correction facility as defined in
Enrolled Senate Bill 188 (SB 188-A) Page 5
ORS 420.005 shall be those provided by the Oregon Youth
Authority + }. After release, medical services shall be paid only
if necessary to the process of recovery and as prescribed by the
attending practitioner. No medical services may be paid after the
attending practitioner has determined that the inmate is
medically stationary other than for reasonable, periodic repair
or replacement of prosthetic appliances. The department, by rule,
may require that medical and rehabilitation services after
release must be provided directly by the state or its contracted
coordinated care organization.
SECTION 16. ORS 655.535 is amended to read:
655.535. Claims payments and administrative costs of the Oregon
Department of Administrative Services shall be charged by the
department to the Department of Corrections { + or the Oregon
Youth Authority + } pursuant to ORS 278.435.
SECTION 17. ORS 655.540 is amended to read:
655.540. (1) The assessments paid to the Oregon Department of
Administrative Services by the Department of Corrections { + or
the Oregon Youth Authority + } shall be credited as a component
of the Insurance Fund pursuant to ORS 278.425 and 278.435.
(2) Funds credited to the inmate injury component of the
Insurance Fund for the purposes of ORS 655.505 to 655.555 may be
used to effect insurance or reinsurance with any authority or
instrumentality, public or private, or otherwise to distribute
the liability for compensation payable to persons entitled to
recover under ORS 655.505 to 655.555.
SECTION 18. ORS 655.555 is amended to read:
655.555. The Oregon Department of Administrative Services, with
the approval of the Department of Corrections { + and the Oregon
Youth Authority + }, shall adopt rules necessary to administer
the inmate injury fund. The rules may provide for procedures,
benefits and coverage that vary from the workers' compensation
system.
SECTION 19. { + The amendments to ORS 655.555 by section 18 of
this 2013 Act apply to rules necessary to administer the inmate
injury component of the Insurance Fund that are adopted on or
after the effective date of this 2013 Act. + }
SECTION 20. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Enrolled Senate Bill 188 (SB 188-A) Page 6
Passed by Senate April 17, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 14, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 188 (SB 188-A) Page 7
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 188 (SB 188-A) Page 8
