Bill Text: OR HB3682 | 2011 | Regular Session | Introduced

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Bill Title: Relating to contracting for correctional services; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3682 Detail]

Download: Oregon-2011-HB3682-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 4213

                         House Bill 3682

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes Department of Corrections to contract with private
entity for provision of correctional services in another state.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to contracting for correctional services; amending
  section 1, chapter 422, Oregon Laws 2003; repealing section 3,
  chapter 422, Oregon Laws 2003; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 1, chapter 422, Oregon Laws 2003, as amended
by section 331b, chapter 794, Oregon Laws 2003, and section 1,
chapter 611, Oregon Laws 2009, is amended to read:
   { +  Sec. 1. + } (1) The Department of Corrections may enter
into a contract with a public  { + or private + } entity for the
provision of correctional services in a correctional facility
that is located in another state if the department determines
that the facility is suitable for the confinement and care of
persons committed to the legal and physical custody of the
department.
  (2) Contracts entered into under subsection (1) of this section
are exempt from the provisions of ORS 279.835 to 279.855 and ORS
chapters 279A, 279B and 279C.
  (3)(a) After entering into a contract under subsection (1) of
this section, the department:
  (A) May convey a person committed to the legal and physical
custody of the department to a correctional facility owned or
operated by the   { - public - }  entity with whom the department
has contracted; and
  (B) May transfer physical custody of the person to the
custodial authorities of the facility.
  (b) A person whose physical custody is transferred under this
subsection shall be confined in the correctional facility to
which the person was conveyed until:
  (A) The person's sentence has expired or the person is
otherwise discharged by law; or
  (B) The department directs that the person:
  (i) Be returned to the physical custody of the department; or
  (ii) Be conveyed to another correctional facility.
  (c) Except as otherwise provided in the contract entered into
under subsection (1) of this section, a person whose physical
custody is transferred under this subsection is subject to the
operational policies and procedures of the correctional facility
to which the person is transferred, including but not limited to
policies and procedures for the conduct and discipline of persons
incarcerated in the correctional facility.
  (4) When a contract under subsection (1) of this section
expires, the department shall return all persons confined in a
correctional facility pursuant to the contract to the physical
custody of the department or convey the persons to another
correctional facility pursuant to another contract.
  SECTION 2.  { + Section 3, chapter 422, Oregon Laws 2003, as
amended by section 2, chapter 611, Oregon Laws 2009, is
repealed. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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