ORS Chapter 179

Chapter 179 — Administrationof State Institutions

2009 EDITION

ADMINISTRATIONOF STATE INSTITUTIONS

EXECUTIVEBRANCH; ORGANIZATION

GENERALPROVISIONS

179.010 Definitions

179.040 Generalpowers and duties; rules

179.045 Reportson convictions; forms; confidentiality

179.050 Authorityto hold property

179.055 Dispositionof income from property; maintenance of property

179.065 Furnishingutilities for institutions

179.105 Acceptanceof federal or other assistance to carry out general powers and duties;legislative oversight of expenditures

179.110 Useof federal grants; cooperation with federal agencies; disposition of balancesof appropriations

179.130 Institutionalpetty cash fund; creation; reimbursement from appropriation for institution

179.140 Auditingand paying claims; approval of vouchers

179.150 Interestin contracts prohibited

CLAIMFOR INJURY OR DAMAGE

179.210 Claimfor injury or damage; conditions

179.230 Rejectionof claim final and not reviewable

179.240 Procedurewhere award due person owing debt to state

SUPERVISIONOF STATE INSTITUTIONS

(Superintendent)

179.310 “Superintendent”defined

179.321 Responsibilityto supervise state institutions

179.325 Changein use of institution for persons with mental retardation or mental illness

179.331 Appointment,suspension and removal of superintendents

179.340 Salariesand expenses of superintendents

179.360 Powersand duties of superintendents

179.370 Residenceof superintendents at institutions

(Staff)

179.375 Chaplaincyservices

179.380 Employmentof staff; oaths and bonds

179.385 Scholarshipprograms to train personnel for institutions; rules

179.390 Appointment,suspension, removal and salaries of assistants, officers and employees;contract services

179.400 Rentalsto officers and employees at institution

179.405 Licenserequired for teachers at institution

(Workat Institution)

179.440 Workin production of articles and performance of labor for state

179.450 Workon state-owned land

179.460 Saleand exchange of surplus products of institutions; rules; State InstitutionalBetterment Fund

(TransferProcedures)

179.471 Definitionsfor ORS 179.473 and 179.478

179.473 Transfersbetween institutions; rules

179.478 Examinationfor mental retardation; commitment hearing; transfer to hospital or trainingcenter for persons with mental retardation; termination of sentence

179.479 Conveyanceof inmates from institution to physician or hospital for treatment; rules

179.483 Timespent pursuant to transfer or conveyance counted as part of sentence

179.485 Rightsof person transferred to institution for persons with mental illness or mentalretardation

179.486 Paymentof costs in connection with transfers and conveyances; medical reports toaccompany certain inmates

(MedicalCare)

179.490 Authorizationand payment of cost of emergency and necessary operations

179.492 Dispensingof brand-name mental health drugs

(Records)

179.495 Disclosureof inmate written accounts; penalty

179.505 Disclosureof written accounts by health care services provider

179.507 Enforcementof ORS 179.495 and 179.505; actions; venue; damages

179.508 Disclosureof individually identifiable health information about inmate

179.509 Reportson deaths at institutions; compilation submitted to President and Speaker

(Fundsof Inmates or Patients)

179.510 “Funds”defined; deposit of funds of institution residents with State Treasurer

179.520 Authorizationto receive funds of wards; separate accounts

179.530 Disbursementsfrom accounts; accountability

OREGONSTATE HOSPITAL ADVISORY BOARD

179.560 Members;appointment; terms; meetings

179.570 Powersand duties of board; report to legislature

179.580 Adhoc committees

RESPONSIBILITYFOR COST OF CARE OF PERSONS IN STATE INSTITUTIONS

179.610 Definitionsfor ORS 179.610 to 179.770

179.620 Liabilityof person or estate for cost of care

179.640 Determinationof ability to pay; rules; financial information; notice; order; hearing; appeal

179.653 Unpaidcosts as lien on property; order; when appealable

179.655 Enforcementof lien; distraint warrant

179.660 Guardianor conservator for estate of person in institution

179.701 Determinationof cost-of-care rates

179.711 Remittanceof amounts due; refunds

179.731 Waiverof collection of amount payable

179.740 Collectionfrom estates; settlement

179.745 Titleto and transfer of property

DISCRIMINATIONPROHIBITED

179.750 Equalcare and services for persons in state institutions

RULES

179.770 Rules;employees

GENERALPROVISIONS

179.010Definitions.As used in this chapter, unless the context requires otherwise:

(1)“Institution” means the institutions designated in ORS 179.321.

(2)“Agency” means:

(a)The Department of Corrections when the institution is a Department ofCorrections institution, as defined in ORS 421.005;

(b)The Department of Human Services when the institution is the Eastern OregonTraining Center; or

(c)The Oregon Health Authority when the institution is the Blue Mountain RecoveryCenter or an Oregon State Hospital campus. [Amended by 1969 c.597 §17; 1969c.706 §62; 1971 c.301 §14; 1987 c.320 §106; 1987 c.321 §11; 2001 c.900 §26;2003 c.14 §73; 2009 c.595 §118]

179.020 [Repealed by1969 c.199 §59]

179.030 [Amended by1961 c.271 §1; repealed by 1969 c.199 §59]

179.040General powers and duties; rules. (1) The Department of Corrections, theDepartment of Human Services and the Oregon Health Authority shall:

(a)Govern, manage and administer the affairs of the public institutions and workswithin their respective jurisdictions.

(b)Enter into contracts for the planning, erection, completion and furnishings ofall new buildings or additions at their respective institutions.

(c)Subject to any applicable provisions of ORS 279A.125, 279A.255, 279A.275,279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280and 283.110 to 283.395, enter into contracts for the purchase of supplies fortheir respective institutions.

(d)Make and adopt rules for the guidance of the agencies and for the government oftheir respective institutions.

(2)The agencies, respectively, may:

(a)Sue and plead in all courts of law and equity.

(b)Subject to ORS 279A.050 (7), procure, contract for or enter into agreements forgoods and services of all kinds, including personal services contractsdesignated under ORS 279A.055, and perform all legal acts requisite andnecessary for the successful management and maintenance of the institutionswithin their respective jurisdictions. [Amended by 1967 c.419 §57; 1969 c.597 §18;1969 c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200; 2009 c.397 §1;2009 c.595 §119]

179.045Reports on convictions; forms; confidentiality. (1) The clerkof a circuit or county court shall cause a report to be made to the Departmentof Corrections on each offender convicted of a felony or misdemeanor in thecourt and on each juvenile found to be within the jurisdiction of the court byreason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1).

(2)The Department of Corrections shall prescribe forms for the reports requiredunder subsection (1) of this section. Information required may include thename, age, sex, crime or action and disposition of the offender or juvenile andsuch other information as the department by rule may require. Such reports areconfidential and may not be used in evidence. [1967 c.635 §1; 1969 c.597 §14;1987 c.320 §108; 1993 c.33 §317]

179.050Authority to hold property. The Department of Corrections, the Department ofHuman Services and the Oregon Health Authority may receive, take and holdproperty, both real and personal, for any institution within their respectivejurisdictions. Title shall be taken in the name of the state. [Amended by 1969c.597 §21; 1971 c.615 §11; 1987 c.320 §109; 2001 c.900 §28; 2009 c.595 §120]

179.055Disposition of income from property; maintenance of property. (1) The revenuefrom the rental or lease of property administered by an institution governed ormanaged by the Department of Corrections, the Department of Human Services orthe Oregon Health Authority, except dormitory and housing rentals atinstitutions governed by the agencies, shall be deposited in the account of therespective agency for use by the respective agency to pay for the cost ofadministration, taxes, repairs and improvements on the property.

(2)The agencies may request the Oregon Department of Administrative Services tomake necessary repairs and improvements on the property described in subsection(1) of this section to be paid for by the agencies from the proceeds derivedfrom such rental or lease of the property or from appropriations otherwiseavailable. [1961 c.652 §2(1),(2); 1969 c.597 §22; 1969 c.706 §64; 1971 c.615 §12;1981 c.106 §10; 1983 c.599 §1; 1987 c.320 §110; 2001 c.900 §29; 2009 c.595 §121]

179.060 [Repealed by1969 c.597 §281]

179.065Furnishing utilities for institutions. The Department of Corrections, theDepartment of Human Services and the Oregon Health Authority shall have thesame powers with respect to furnishing heat, light, power, sewage, fireprotection and communications facilities to institutions under their respectivejurisdictions as is granted to the Oregon Department of Administrative Servicesunder ORS 276.210 to 276.228, 276.234 to 276.244, 276.250 and 276.252. Thepowers shall be exercised in accordance with and subject to the provisions ofsuch sections. [1969 c.597 §20; 1987 c.320 §111; 2001 c.900 §30; 2009 c.595 §122]

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