State Codes and Statutes

Statutes > Oregon > Vol10 > 420

Chapter 420 — YouthCorrection Facilities; Youth Care Centers

 

2009 EDITION

 

 

YOUTHCORRECTION FACILITIES; YOUTH CENTERS

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

GENERALPROVISIONS

 

420.005     Definitions

 

420.011     Admissionsto youth correction facilities; assignment of persons within custody ofDepartment of Corrections; temporary assignment; return to Department ofCorrections custody

 

420.014     Populationlimits; controlling admissions; rules

 

420.017     Diversionplan

 

420.019     Implementationof diversion plan

 

420.021     Expensesborne by county

 

420.031     Wardshipover youth offender at youth correction facility; legal custody of youthoffender

 

420.040     Liabilityfor misconduct of youth offender placed in youth correction facility

 

420.045     Parole;discharge; revocation of parole

 

420.048     Noticerequired when youth offender transfers to new school or school district

 

420.054     Authorizationfor medical and other remedial care and treatment of person in physical custodyof youth authority

 

EMPLOYMENTPROGRAM

 

420.060     Employmentagreements; definitions

 

420.065     Youthoffender’s compensation; disposition of compensation

 

420.070     Youthoffender in legal custody of superintendent

 

420.074     Employmentstatus of youth offender

 

PETTYCASH FUND

 

420.077     Pettycash fund

 

WORKAND TRAINING CAMPS

 

420.210     Establishingwork and training camps for youth offenders

 

420.215     Operationof camps by Director of Oregon Youth Authority

 

420.220     Responsibilityfor custody of youth offenders assigned to camp

 

420.225     Cooperationwith public agencies in work assignments

 

420.230     Contractswith public agencies

 

420.235     Returnof rule violator or bad security risk to more secure youth correction facility

 

COMMITMENTOF YOUTH OFFENDERS TO HOSPITALS OR OTHER FACILITIES

 

420.500     Restrictionon transfer of youth offenders to institutions

 

420.505     Applicationby youth offender in youth correction facility for admission to hospital orfacility; examination of applicant; limitation on involuntary retention atinstitution

 

PAYMENTOF COMMITMENT PROCEEDING EXPENSES

 

420.525     Countyof youth’s residence to pay certain expenses of commitment proceedings

 

PLACEMENTOF YOUTHS IN FOSTER HOMES

 

420.810     Placementof youths in foster homes

 

420.815     Placementagreements with persons or families

 

420.821     Visitingof foster homes by staff members

 

420.825     Replacementof youth

 

420.835     Prohibitionof interference with control of placed child

 

420.840     Cooperationof superintendents with other child welfare agencies

 

YOUTHCARE CENTERS

 

420.855     Definitionsfor ORS 420.855 to 420.885

 

420.860     Policyand intent

 

420.865     Commitmentto youth care center

 

420.870     Standardsfor approval of youth care centers

 

420.875     Applicationfor state support of center; required reports

 

420.880     Levelof state support

 

420.885     Auditand payment of claims

 

YOUTHOFFENDER FOSTER HOMES

 

420.888     Definitionsfor ORS 420.888 to 420.892

 

420.890     Certificationof youth offender foster homes

 

420.892     Certificationstandards; rules

 

APPREHENSIONOF ESCAPED, ABSENT OR PAROLED YOUTH OFFENDERS

 

420.905     Definitionsfor ORS 420.905 to 420.915

 

420.910     Arrestand detention of escaped, absent or paroled youth offenders

 

420.915     Procedureupon apprehension of escapee, absentee or parole violator; rules

 

PENALTIES

 

420.990     Penalties

 

GENERALPROVISIONS

 

      420.005Definitions.As used in ORS 420.005 to 420.048, 420.060 to 420.235, 420.810 to 420.840 and420.905 to 420.915, unless the context requires otherwise:

      (1)“Design capacity” means the number of youth offenders or other persons a youthcorrection facility is able to hold based on applicable safety codes andstandards.

      (2)“Director” means the Director of the Oregon Youth Authority.

      (3)“Youth authority” means the Oregon Youth Authority.

      (4)“Youth correction facility” means a facility used for the confinement of youthoffenders and other persons placed in the legal or physical custody of theyouth authority and includes secure regional youth facilities, regionalaccountability camps, residential academies and satellites, camps and branchesof those facilities.

      (5)“Youth offender” has the meaning given that term in ORS 419A.004. [1965 c.616 §29;1969 c.597 §128; 1971 c.401 §96; 1985 c.229 §1; 1995 c.422 §88; 1999 c.109 §4;2001 c.295 §13; 2003 c.396 §139]

 

      420.010 [Repealed by1965 c.616 §101]

 

      420.011Admissions to youth correction facilities; assignment of persons within custodyof Department of Corrections; temporary assignment; return to Department ofCorrections custody.(1) Except as provided in subsections (2) and (3) of this section, admissionsto the youth correction facilities are limited to youth offenders who are atleast 12 but less than 19 years of age, found by the juvenile court to havecommitted an act that if committed by an adult would constitute aggravatedmurder, murder, a felony or a Class A misdemeanor and placed in the legalcustody of the Oregon Youth Authority. A youth offender admitted to a youthcorrection facility may not be transferred by administrative process to anypenal or correctional institution.

      (2)(a)In addition to the persons placed in the legal custody of the youth authorityunder ORS 419C.478 (1) or 419C.481, and with the concurrence of the Director ofthe Oregon Youth Authority or the director’s designee, persons who arecommitted to the Department of Corrections under ORS 137.124 and meet therequirements of ORS 137.124 (5) or (7) may be temporarily assigned to a youthcorrection facility as provided by ORS 137.124 (5) or (7). A person assigned onsuch a temporary basis remains within the legal custody of the Department ofCorrections and such reassignment is subject to termination by the Director ofthe Oregon Youth Authority by referring the person back to the Department ofCorrections as provided in paragraph (b) of this subsection.

      (b)After a person is transferred to the physical custody of the youth authorityunder ORS 137.124 (5) or (7), the Director of the Oregon Youth Authority mayrefer the person back to the Department of Corrections for physical custody andplacement if the director, after consulting with the Department of Corrections,determines that the person:

      (A)Poses a substantial danger to youth authority staff or persons in the custodyof the youth authority; or

      (B)Is not likely, in the foreseeable future, to benefit from the rehabilitationand treatment programs administered by the youth authority and is appropriatefor placement in a Department of Corrections institution.

      (3)Any person under 18 years of age at the time of committing the crime and under20 years of age at the time of sentencing and commitment who, after waiverunder ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS137.707 (5)(b)(A) or (7)(b) or 137.712, is sentenced to a term of imprisonmentin the custody of the Department of Corrections, and any person under 16 yearsof age who after waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 orsentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712 is sentenced to aterm of imprisonment in the county jail, shall be temporarily assigned to ayouth correction facility by the Department of Corrections, or by the sheriffto whose custody the person has been committed, pursuant to ORS 137.124 (6).The director shall designate the appropriate youth correction facility orschools for such assignment. A person assigned to a youth correction facilityunder ORS 137.124 (6) and this subsection remains within the legal custody ofthe Department of Corrections or sheriff to whose custody the person wascommitted. The assignment of such a person to the youth correction facility issubject, when the person is 16 years of age or older, to termination by thedirector by referring the person back to the Department of Corrections or thesheriff to serve the balance of the person’s sentence. Assignment to a youthcorrection facility pursuant to ORS 137.124 (6) and this subsection, if notterminated earlier by the director, shall terminate upon the person’s attainingthe age specified in ORS 420A.010 (5) setting the age limits for which theOregon Youth Authority may retain legal and physical custody of the person, andthe person shall be referred to the Department of Corrections or the sheriffhaving legal custody of the person to serve the balance of the person’ssentence.

      (4)Whenever a person committed to the custody of the Department of Corrections istemporarily assigned to a youth correction facility pursuant to this section,the youth authority may provide programs and treatment for the person, and mayadopt rules relating to conditions of confinement at the youth correctionfacility, as the youth authority determines are appropriate. However, theperson remains subject to laws and rules of the State Board of Parole andPost-Prison Supervision relating to parole. [1965 c.616 §31; 1969 c.679 §5;1971 c.401 §98; 1971 c.458 §1; 1975 c.182 §1; 1983 c.815 §2; 1985 c.631 §7;1987 c.320 §159; 1993 c.33 §343; 1993 c.546 §122; 1995 c.422 §§89,89a; 1995c.423 §28; 1997 c.433 §13; 1999 c.109 §1; 2003 c.396 §140]

 

      420.014Population limits; controlling admissions; rules. (1) The totalpopulation of youth offenders confined in the youth correction facilities maynot exceed the design capacity of the facilities designated for close custodypurposes by the Director of the Oregon Youth Authority. The total populationlimit shall include offenders in the youth correction facility who were waivedby the juvenile court to be prosecuted as adults or who were prosecuted asadults under ORS 137.707.

      (2)The director by rule shall determine reasonable standards for care andtreatment of youth offenders housed in youth correction facilities. Within thetotal limit established under subsection (1) of this section, the Director ofthe Oregon Youth Authority shall establish and impose a maximum allowablepopulation level for each youth correction facility. The maximum allowablepopulation shall not exceed the design capacity for the facility and shall befurther limited by the ability of the facility to meet the standard of care andtreatment established by rule under this subsection, protect communities, holdyouth offenders accountable for their behavior and improve the competency ofyouth offenders to become responsible and productive members of theircommunities.

      (3)The director by rule shall establish criteria upon which the decision to placea youth in a youth correction facility must be based, and which, in turn, shallbe based upon behaviors and characteristics of youths otherwise eligible forcommitment to a youth correction facility.

      (4)After conferring with the juvenile court judges, the director shall develop andimplement by rule, a method of controlling admissions to the youth correctionfacilities so as not to exceed maximum levels determined under subsections (1)and (2) of this section. [1985 c.500 §4; 1987 c.507 §1; 1993 c.762 §1; 1995c.422 §90; 2001 c.904 §6; 2001 c.905 §7]

 

      Note: 420.014 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 420 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      420.015 [1959 c.432 §73;1963 c.256 §1; 1965 c.616 §35; renumbered 420.031]

 

      420.016 [Formerly420.150 and then 420.050; repealed by 1971 c.698 §7]

 

      420.017Diversion plan.(1) The Oregon Youth Authority shall develop annually a plan for diversion ofdelinquent youth from commitment to the youth correction facilities toalternative community services.

      (2)In consultation with the local commissions on children and families establishedunder ORS 417.760, the juvenile departments shall develop a plan for servicesneeded to divert the commitment of youth from the youth correction facilities,and how these services are to be administered if funds are provided. Followingreview and comment by local commissions, the plan must be approved in the formof a resolution by the governing body of the appropriate county and of a letterof concurrence from the presiding judge for the judicial district in which thejuvenile court is located.

      (3)The youth authority shall develop and implement a statewide diversion planafter taking the local juvenile departments’ plans into consideration and afterconsulting with affected service providers. [1985 c.500 §7; 1993 c.676 §47;1993 c.742 §88; 1995 c.422 §91; 1995 c.781 §44]

 

      420.019Implementation of diversion plan. (1)(a) The Oregon Youth Authority maycontract with the governing body of a county or two or more counties, if thecounties have joined together as a consortium or region, for implementing thestatewide diversion plan, which may include juvenile parole and probationservices or out-of-home placement.

      (b)A county or counties that contract with the Oregon Youth Authority under thissection shall have access to a continuum of out-of-home placement optionsincluding, but not limited to, youth correction facilities, youth care centers,foster care and private placements. Participating counties shall be ensuredaccess to an equitable share of out-of-home placements.

      (c)A county or counties that contract with the Oregon Youth Authority under thissection have the responsibility for parole decisions regarding youths from thecounty or counties committed to youth correction facilities. In the event thata county or counties are operating over the allocated youth correction facilitycap, the youth authority may assume parole authority until the countypopulation is at the cap.

      (d)The state and county may agree that the governing body of the county orcounties may subcontract for services or that the state will provide servicesor that the county or counties may subcontract for some services and the stateprovide other services as stipulated in the contract with the youth authority.

      (e)When services previously provided by the Oregon Youth Authority transfer to acounty or counties, terms of the contract must include, but need not be limitedto, the actual cost of employee salaries, benefits and other payroll expenses,plus support costs necessary for the transferred positions.

      (f)The youth authority is responsible for performance auditing of contracts andsubcontracts.

      (g)The youth authority shall contract directly with service providers in thosecounties where the governing body of the county or counties chooses not tocontract with the youth authority.

      (h)The funds provided to implement the diversion plan or provide for out-of-homeplacement or parole and probation services shall not be used by a county tosupplant moneys otherwise provided to the county juvenile department forservices to delinquent youth.

      (2)(a)Unless otherwise provided in the contract, a county that is contracting withthe youth authority under subsection (1) of this section shall supervise stateemployees providing parole and probation services within the county.

      (b)Subject to a collective bargaining agreement, supervision under this subsectionincludes discipline, performance evaluation, training and all other functionspreviously carried out by state employed supervisors. [1985 c.500 §8; 1995c.422 §92; 1997 c.249 §134]

 

      420.020 [Amended by1955 c.89 §1; 1965 c.616 §40; renumbered 420.075]

 

      420.021Expenses borne by county. All traveling and other expenses incurred inplacing a person in a youth correction facility in the legal custody of theOregon Youth Authority and delivering the person into the custody of the youthauthority under ORS 419B.337 (1), 419C.478 (1) or 419C.481 shall be borne bythe county from which the person was placed in the legal custody of the youthauthority. [Formerly 420.160; 1969 c.679 §6; 1971 c.401 §97; 1993 c.33 §344;1995 c.422 §93]

 

      420.025 [Formerly420.170; 1969 c.679 §7; repealed by 1971 c.401 §120]

 

      420.030 [Amended by1959 c.432 §74; 1963 c.256 §2; 1965 c.616 §41; renumbered 420.080]

 

      420.031Wardship over youth offender at youth correction facility; legal custody ofyouth offender.(1) The granting of legal custody and guardianship over the youth offender tothe Oregon Youth Authority does not terminate the juvenile court’s jurisdictionover the youth offender.

      (2)Upon parole of the youth offender from a youth correction facility, the legalcustody of the youth offender is vested in the parents of the youth offender orother person to whom the youth offender is returned, subject to ORS 420.045(3). [Formerly 420.015; 1969 c.679 §8; 1971 c.401 §99; 1995 c.422 §94; 2003c.396 §141]

 

State Codes and Statutes

Statutes > Oregon > Vol10 > 420

Chapter 420 — YouthCorrection Facilities; Youth Care Centers

 

2009 EDITION

 

 

YOUTHCORRECTION FACILITIES; YOUTH CENTERS

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

GENERALPROVISIONS

 

420.005     Definitions

 

420.011     Admissionsto youth correction facilities; assignment of persons within custody ofDepartment of Corrections; temporary assignment; return to Department ofCorrections custody

 

420.014     Populationlimits; controlling admissions; rules

 

420.017     Diversionplan

 

420.019     Implementationof diversion plan

 

420.021     Expensesborne by county

 

420.031     Wardshipover youth offender at youth correction facility; legal custody of youthoffender

 

420.040     Liabilityfor misconduct of youth offender placed in youth correction facility

 

420.045     Parole;discharge; revocation of parole

 

420.048     Noticerequired when youth offender transfers to new school or school district

 

420.054     Authorizationfor medical and other remedial care and treatment of person in physical custodyof youth authority

 

EMPLOYMENTPROGRAM

 

420.060     Employmentagreements; definitions

 

420.065     Youthoffender’s compensation; disposition of compensation

 

420.070     Youthoffender in legal custody of superintendent

 

420.074     Employmentstatus of youth offender

 

PETTYCASH FUND

 

420.077     Pettycash fund

 

WORKAND TRAINING CAMPS

 

420.210     Establishingwork and training camps for youth offenders

 

420.215     Operationof camps by Director of Oregon Youth Authority

 

420.220     Responsibilityfor custody of youth offenders assigned to camp

 

420.225     Cooperationwith public agencies in work assignments

 

420.230     Contractswith public agencies

 

420.235     Returnof rule violator or bad security risk to more secure youth correction facility

 

COMMITMENTOF YOUTH OFFENDERS TO HOSPITALS OR OTHER FACILITIES

 

420.500     Restrictionon transfer of youth offenders to institutions

 

420.505     Applicationby youth offender in youth correction facility for admission to hospital orfacility; examination of applicant; limitation on involuntary retention atinstitution

 

PAYMENTOF COMMITMENT PROCEEDING EXPENSES

 

420.525     Countyof youth’s residence to pay certain expenses of commitment proceedings

 

PLACEMENTOF YOUTHS IN FOSTER HOMES

 

420.810     Placementof youths in foster homes

 

420.815     Placementagreements with persons or families

 

420.821     Visitingof foster homes by staff members

 

420.825     Replacementof youth

 

420.835     Prohibitionof interference with control of placed child

 

420.840     Cooperationof superintendents with other child welfare agencies

 

YOUTHCARE CENTERS

 

420.855     Definitionsfor ORS 420.855 to 420.885

 

420.860     Policyand intent

 

420.865     Commitmentto youth care center

 

420.870     Standardsfor approval of youth care centers

 

420.875     Applicationfor state support of center; required reports

 

420.880     Levelof state support

 

420.885     Auditand payment of claims

 

YOUTHOFFENDER FOSTER HOMES

 

420.888     Definitionsfor ORS 420.888 to 420.892

 

420.890     Certificationof youth offender foster homes

 

420.892     Certificationstandards; rules

 

APPREHENSIONOF ESCAPED, ABSENT OR PAROLED YOUTH OFFENDERS

 

420.905     Definitionsfor ORS 420.905 to 420.915

 

420.910     Arrestand detention of escaped, absent or paroled youth offenders

 

420.915     Procedureupon apprehension of escapee, absentee or parole violator; rules

 

PENALTIES

 

420.990     Penalties

 

GENERALPROVISIONS

 

      420.005Definitions.As used in ORS 420.005 to 420.048, 420.060 to 420.235, 420.810 to 420.840 and420.905 to 420.915, unless the context requires otherwise:

      (1)“Design capacity” means the number of youth offenders or other persons a youthcorrection facility is able to hold based on applicable safety codes andstandards.

      (2)“Director” means the Director of the Oregon Youth Authority.

      (3)“Youth authority” means the Oregon Youth Authority.

      (4)“Youth correction facility” means a facility used for the confinement of youthoffenders and other persons placed in the legal or physical custody of theyouth authority and includes secure regional youth facilities, regionalaccountability camps, residential academies and satellites, camps and branchesof those facilities.

      (5)“Youth offender” has the meaning given that term in ORS 419A.004. [1965 c.616 §29;1969 c.597 §128; 1971 c.401 §96; 1985 c.229 §1; 1995 c.422 §88; 1999 c.109 §4;2001 c.295 §13; 2003 c.396 §139]

 

      420.010 [Repealed by1965 c.616 §101]

 

      420.011Admissions to youth correction facilities; assignment of persons within custodyof Department of Corrections; temporary assignment; return to Department ofCorrections custody.(1) Except as provided in subsections (2) and (3) of this section, admissionsto the youth correction facilities are limited to youth offenders who are atleast 12 but less than 19 years of age, found by the juvenile court to havecommitted an act that if committed by an adult would constitute aggravatedmurder, murder, a felony or a Class A misdemeanor and placed in the legalcustody of the Oregon Youth Authority. A youth offender admitted to a youthcorrection facility may not be transferred by administrative process to anypenal or correctional institution.

      (2)(a)In addition to the persons placed in the legal custody of the youth authorityunder ORS 419C.478 (1) or 419C.481, and with the concurrence of the Director ofthe Oregon Youth Authority or the director’s designee, persons who arecommitted to the Department of Corrections under ORS 137.124 and meet therequirements of ORS 137.124 (5) or (7) may be temporarily assigned to a youthcorrection facility as provided by ORS 137.124 (5) or (7). A person assigned onsuch a temporary basis remains within the legal custody of the Department ofCorrections and such reassignment is subject to termination by the Director ofthe Oregon Youth Authority by referring the person back to the Department ofCorrections as provided in paragraph (b) of this subsection.

      (b)After a person is transferred to the physical custody of the youth authorityunder ORS 137.124 (5) or (7), the Director of the Oregon Youth Authority mayrefer the person back to the Department of Corrections for physical custody andplacement if the director, after consulting with the Department of Corrections,determines that the person:

      (A)Poses a substantial danger to youth authority staff or persons in the custodyof the youth authority; or

      (B)Is not likely, in the foreseeable future, to benefit from the rehabilitationand treatment programs administered by the youth authority and is appropriatefor placement in a Department of Corrections institution.

      (3)Any person under 18 years of age at the time of committing the crime and under20 years of age at the time of sentencing and commitment who, after waiverunder ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS137.707 (5)(b)(A) or (7)(b) or 137.712, is sentenced to a term of imprisonmentin the custody of the Department of Corrections, and any person under 16 yearsof age who after waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 orsentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712 is sentenced to aterm of imprisonment in the county jail, shall be temporarily assigned to ayouth correction facility by the Department of Corrections, or by the sheriffto whose custody the person has been committed, pursuant to ORS 137.124 (6).The director shall designate the appropriate youth correction facility orschools for such assignment. A person assigned to a youth correction facilityunder ORS 137.124 (6) and this subsection remains within the legal custody ofthe Department of Corrections or sheriff to whose custody the person wascommitted. The assignment of such a person to the youth correction facility issubject, when the person is 16 years of age or older, to termination by thedirector by referring the person back to the Department of Corrections or thesheriff to serve the balance of the person’s sentence. Assignment to a youthcorrection facility pursuant to ORS 137.124 (6) and this subsection, if notterminated earlier by the director, shall terminate upon the person’s attainingthe age specified in ORS 420A.010 (5) setting the age limits for which theOregon Youth Authority may retain legal and physical custody of the person, andthe person shall be referred to the Department of Corrections or the sheriffhaving legal custody of the person to serve the balance of the person’ssentence.

      (4)Whenever a person committed to the custody of the Department of Corrections istemporarily assigned to a youth correction facility pursuant to this section,the youth authority may provide programs and treatment for the person, and mayadopt rules relating to conditions of confinement at the youth correctionfacility, as the youth authority determines are appropriate. However, theperson remains subject to laws and rules of the State Board of Parole andPost-Prison Supervision relating to parole. [1965 c.616 §31; 1969 c.679 §5;1971 c.401 §98; 1971 c.458 §1; 1975 c.182 §1; 1983 c.815 §2; 1985 c.631 §7;1987 c.320 §159; 1993 c.33 §343; 1993 c.546 §122; 1995 c.422 §§89,89a; 1995c.423 §28; 1997 c.433 §13; 1999 c.109 §1; 2003 c.396 §140]

 

      420.014Population limits; controlling admissions; rules. (1) The totalpopulation of youth offenders confined in the youth correction facilities maynot exceed the design capacity of the facilities designated for close custodypurposes by the Director of the Oregon Youth Authority. The total populationlimit shall include offenders in the youth correction facility who were waivedby the juvenile court to be prosecuted as adults or who were prosecuted asadults under ORS 137.707.

      (2)The director by rule shall determine reasonable standards for care andtreatment of youth offenders housed in youth correction facilities. Within thetotal limit established under subsection (1) of this section, the Director ofthe Oregon Youth Authority shall establish and impose a maximum allowablepopulation level for each youth correction facility. The maximum allowablepopulation shall not exceed the design capacity for the facility and shall befurther limited by the ability of the facility to meet the standard of care andtreatment established by rule under this subsection, protect communities, holdyouth offenders accountable for their behavior and improve the competency ofyouth offenders to become responsible and productive members of theircommunities.

      (3)The director by rule shall establish criteria upon which the decision to placea youth in a youth correction facility must be based, and which, in turn, shallbe based upon behaviors and characteristics of youths otherwise eligible forcommitment to a youth correction facility.

      (4)After conferring with the juvenile court judges, the director shall develop andimplement by rule, a method of controlling admissions to the youth correctionfacilities so as not to exceed maximum levels determined under subsections (1)and (2) of this section. [1985 c.500 §4; 1987 c.507 §1; 1993 c.762 §1; 1995c.422 §90; 2001 c.904 §6; 2001 c.905 §7]

 

      Note: 420.014 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 420 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      420.015 [1959 c.432 §73;1963 c.256 §1; 1965 c.616 §35; renumbered 420.031]

 

      420.016 [Formerly420.150 and then 420.050; repealed by 1971 c.698 §7]

 

      420.017Diversion plan.(1) The Oregon Youth Authority shall develop annually a plan for diversion ofdelinquent youth from commitment to the youth correction facilities toalternative community services.

      (2)In consultation with the local commissions on children and families establishedunder ORS 417.760, the juvenile departments shall develop a plan for servicesneeded to divert the commitment of youth from the youth correction facilities,and how these services are to be administered if funds are provided. Followingreview and comment by local commissions, the plan must be approved in the formof a resolution by the governing body of the appropriate county and of a letterof concurrence from the presiding judge for the judicial district in which thejuvenile court is located.

      (3)The youth authority shall develop and implement a statewide diversion planafter taking the local juvenile departments’ plans into consideration and afterconsulting with affected service providers. [1985 c.500 §7; 1993 c.676 §47;1993 c.742 §88; 1995 c.422 §91; 1995 c.781 §44]

 

      420.019Implementation of diversion plan. (1)(a) The Oregon Youth Authority maycontract with the governing body of a county or two or more counties, if thecounties have joined together as a consortium or region, for implementing thestatewide diversion plan, which may include juvenile parole and probationservices or out-of-home placement.

      (b)A county or counties that contract with the Oregon Youth Authority under thissection shall have access to a continuum of out-of-home placement optionsincluding, but not limited to, youth correction facilities, youth care centers,foster care and private placements. Participating counties shall be ensuredaccess to an equitable share of out-of-home placements.

      (c)A county or counties that contract with the Oregon Youth Authority under thissection have the responsibility for parole decisions regarding youths from thecounty or counties committed to youth correction facilities. In the event thata county or counties are operating over the allocated youth correction facilitycap, the youth authority may assume parole authority until the countypopulation is at the cap.

      (d)The state and county may agree that the governing body of the county orcounties may subcontract for services or that the state will provide servicesor that the county or counties may subcontract for some services and the stateprovide other services as stipulated in the contract with the youth authority.

      (e)When services previously provided by the Oregon Youth Authority transfer to acounty or counties, terms of the contract must include, but need not be limitedto, the actual cost of employee salaries, benefits and other payroll expenses,plus support costs necessary for the transferred positions.

      (f)The youth authority is responsible for performance auditing of contracts andsubcontracts.

      (g)The youth authority shall contract directly with service providers in thosecounties where the governing body of the county or counties chooses not tocontract with the youth authority.

      (h)The funds provided to implement the diversion plan or provide for out-of-homeplacement or parole and probation services shall not be used by a county tosupplant moneys otherwise provided to the county juvenile department forservices to delinquent youth.

      (2)(a)Unless otherwise provided in the contract, a county that is contracting withthe youth authority under subsection (1) of this section shall supervise stateemployees providing parole and probation services within the county.

      (b)Subject to a collective bargaining agreement, supervision under this subsectionincludes discipline, performance evaluation, training and all other functionspreviously carried out by state employed supervisors. [1985 c.500 §8; 1995c.422 §92; 1997 c.249 §134]

 

      420.020 [Amended by1955 c.89 §1; 1965 c.616 §40; renumbered 420.075]

 

      420.021Expenses borne by county. All traveling and other expenses incurred inplacing a person in a youth correction facility in the legal custody of theOregon Youth Authority and delivering the person into the custody of the youthauthority under ORS 419B.337 (1), 419C.478 (1) or 419C.481 shall be borne bythe county from which the person was placed in the legal custody of the youthauthority. [Formerly 420.160; 1969 c.679 §6; 1971 c.401 §97; 1993 c.33 §344;1995 c.422 §93]

 

      420.025 [Formerly420.170; 1969 c.679 §7; repealed by 1971 c.401 §120]

 

      420.030 [Amended by1959 c.432 §74; 1963 c.256 §2; 1965 c.616 §41; renumbered 420.080]

 

      420.031Wardship over youth offender at youth correction facility; legal custody ofyouth offender.(1) The granting of legal custody and guardianship over the youth offender tothe Oregon Youth Authority does not terminate the juvenile court’s jurisdictionover the youth offender.

      (2)Upon parole of the youth offender from a youth correction facility, the legalcustody of the youth offender is vested in the parents of the youth offender orother person to whom the youth offender is returned, subject to ORS 420.045(3). [Formerly 420.015; 1969 c.679 §8; 1971 c.401 §99; 1995 c.422 §94; 2003c.396 §141]

 

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State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol10 > 420

Chapter 420 — YouthCorrection Facilities; Youth Care Centers

 

2009 EDITION

 

 

YOUTHCORRECTION FACILITIES; YOUTH CENTERS

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

GENERALPROVISIONS

 

420.005     Definitions

 

420.011     Admissionsto youth correction facilities; assignment of persons within custody ofDepartment of Corrections; temporary assignment; return to Department ofCorrections custody

 

420.014     Populationlimits; controlling admissions; rules

 

420.017     Diversionplan

 

420.019     Implementationof diversion plan

 

420.021     Expensesborne by county

 

420.031     Wardshipover youth offender at youth correction facility; legal custody of youthoffender

 

420.040     Liabilityfor misconduct of youth offender placed in youth correction facility

 

420.045     Parole;discharge; revocation of parole

 

420.048     Noticerequired when youth offender transfers to new school or school district

 

420.054     Authorizationfor medical and other remedial care and treatment of person in physical custodyof youth authority

 

EMPLOYMENTPROGRAM

 

420.060     Employmentagreements; definitions

 

420.065     Youthoffender’s compensation; disposition of compensation

 

420.070     Youthoffender in legal custody of superintendent

 

420.074     Employmentstatus of youth offender

 

PETTYCASH FUND

 

420.077     Pettycash fund

 

WORKAND TRAINING CAMPS

 

420.210     Establishingwork and training camps for youth offenders

 

420.215     Operationof camps by Director of Oregon Youth Authority

 

420.220     Responsibilityfor custody of youth offenders assigned to camp

 

420.225     Cooperationwith public agencies in work assignments

 

420.230     Contractswith public agencies

 

420.235     Returnof rule violator or bad security risk to more secure youth correction facility

 

COMMITMENTOF YOUTH OFFENDERS TO HOSPITALS OR OTHER FACILITIES

 

420.500     Restrictionon transfer of youth offenders to institutions

 

420.505     Applicationby youth offender in youth correction facility for admission to hospital orfacility; examination of applicant; limitation on involuntary retention atinstitution

 

PAYMENTOF COMMITMENT PROCEEDING EXPENSES

 

420.525     Countyof youth’s residence to pay certain expenses of commitment proceedings

 

PLACEMENTOF YOUTHS IN FOSTER HOMES

 

420.810     Placementof youths in foster homes

 

420.815     Placementagreements with persons or families

 

420.821     Visitingof foster homes by staff members

 

420.825     Replacementof youth

 

420.835     Prohibitionof interference with control of placed child

 

420.840     Cooperationof superintendents with other child welfare agencies

 

YOUTHCARE CENTERS

 

420.855     Definitionsfor ORS 420.855 to 420.885

 

420.860     Policyand intent

 

420.865     Commitmentto youth care center

 

420.870     Standardsfor approval of youth care centers

 

420.875     Applicationfor state support of center; required reports

 

420.880     Levelof state support

 

420.885     Auditand payment of claims

 

YOUTHOFFENDER FOSTER HOMES

 

420.888     Definitionsfor ORS 420.888 to 420.892

 

420.890     Certificationof youth offender foster homes

 

420.892     Certificationstandards; rules

 

APPREHENSIONOF ESCAPED, ABSENT OR PAROLED YOUTH OFFENDERS

 

420.905     Definitionsfor ORS 420.905 to 420.915

 

420.910     Arrestand detention of escaped, absent or paroled youth offenders

 

420.915     Procedureupon apprehension of escapee, absentee or parole violator; rules

 

PENALTIES

 

420.990     Penalties

 

GENERALPROVISIONS

 

      420.005Definitions.As used in ORS 420.005 to 420.048, 420.060 to 420.235, 420.810 to 420.840 and420.905 to 420.915, unless the context requires otherwise:

      (1)“Design capacity” means the number of youth offenders or other persons a youthcorrection facility is able to hold based on applicable safety codes andstandards.

      (2)“Director” means the Director of the Oregon Youth Authority.

      (3)“Youth authority” means the Oregon Youth Authority.

      (4)“Youth correction facility” means a facility used for the confinement of youthoffenders and other persons placed in the legal or physical custody of theyouth authority and includes secure regional youth facilities, regionalaccountability camps, residential academies and satellites, camps and branchesof those facilities.

      (5)“Youth offender” has the meaning given that term in ORS 419A.004. [1965 c.616 §29;1969 c.597 §128; 1971 c.401 §96; 1985 c.229 §1; 1995 c.422 §88; 1999 c.109 §4;2001 c.295 §13; 2003 c.396 §139]

 

      420.010 [Repealed by1965 c.616 §101]

 

      420.011Admissions to youth correction facilities; assignment of persons within custodyof Department of Corrections; temporary assignment; return to Department ofCorrections custody.(1) Except as provided in subsections (2) and (3) of this section, admissionsto the youth correction facilities are limited to youth offenders who are atleast 12 but less than 19 years of age, found by the juvenile court to havecommitted an act that if committed by an adult would constitute aggravatedmurder, murder, a felony or a Class A misdemeanor and placed in the legalcustody of the Oregon Youth Authority. A youth offender admitted to a youthcorrection facility may not be transferred by administrative process to anypenal or correctional institution.

      (2)(a)In addition to the persons placed in the legal custody of the youth authorityunder ORS 419C.478 (1) or 419C.481, and with the concurrence of the Director ofthe Oregon Youth Authority or the director’s designee, persons who arecommitted to the Department of Corrections under ORS 137.124 and meet therequirements of ORS 137.124 (5) or (7) may be temporarily assigned to a youthcorrection facility as provided by ORS 137.124 (5) or (7). A person assigned onsuch a temporary basis remains within the legal custody of the Department ofCorrections and such reassignment is subject to termination by the Director ofthe Oregon Youth Authority by referring the person back to the Department ofCorrections as provided in paragraph (b) of this subsection.

      (b)After a person is transferred to the physical custody of the youth authorityunder ORS 137.124 (5) or (7), the Director of the Oregon Youth Authority mayrefer the person back to the Department of Corrections for physical custody andplacement if the director, after consulting with the Department of Corrections,determines that the person:

      (A)Poses a substantial danger to youth authority staff or persons in the custodyof the youth authority; or

      (B)Is not likely, in the foreseeable future, to benefit from the rehabilitationand treatment programs administered by the youth authority and is appropriatefor placement in a Department of Corrections institution.

      (3)Any person under 18 years of age at the time of committing the crime and under20 years of age at the time of sentencing and commitment who, after waiverunder ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS137.707 (5)(b)(A) or (7)(b) or 137.712, is sentenced to a term of imprisonmentin the custody of the Department of Corrections, and any person under 16 yearsof age who after waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 orsentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712 is sentenced to aterm of imprisonment in the county jail, shall be temporarily assigned to ayouth correction facility by the Department of Corrections, or by the sheriffto whose custody the person has been committed, pursuant to ORS 137.124 (6).The director shall designate the appropriate youth correction facility orschools for such assignment. A person assigned to a youth correction facilityunder ORS 137.124 (6) and this subsection remains within the legal custody ofthe Department of Corrections or sheriff to whose custody the person wascommitted. The assignment of such a person to the youth correction facility issubject, when the person is 16 years of age or older, to termination by thedirector by referring the person back to the Department of Corrections or thesheriff to serve the balance of the person’s sentence. Assignment to a youthcorrection facility pursuant to ORS 137.124 (6) and this subsection, if notterminated earlier by the director, shall terminate upon the person’s attainingthe age specified in ORS 420A.010 (5) setting the age limits for which theOregon Youth Authority may retain legal and physical custody of the person, andthe person shall be referred to the Department of Corrections or the sheriffhaving legal custody of the person to serve the balance of the person’ssentence.

      (4)Whenever a person committed to the custody of the Department of Corrections istemporarily assigned to a youth correction facility pursuant to this section,the youth authority may provide programs and treatment for the person, and mayadopt rules relating to conditions of confinement at the youth correctionfacility, as the youth authority determines are appropriate. However, theperson remains subject to laws and rules of the State Board of Parole andPost-Prison Supervision relating to parole. [1965 c.616 §31; 1969 c.679 §5;1971 c.401 §98; 1971 c.458 §1; 1975 c.182 §1; 1983 c.815 §2; 1985 c.631 §7;1987 c.320 §159; 1993 c.33 §343; 1993 c.546 §122; 1995 c.422 §§89,89a; 1995c.423 §28; 1997 c.433 §13; 1999 c.109 §1; 2003 c.396 §140]

 

      420.014Population limits; controlling admissions; rules. (1) The totalpopulation of youth offenders confined in the youth correction facilities maynot exceed the design capacity of the facilities designated for close custodypurposes by the Director of the Oregon Youth Authority. The total populationlimit shall include offenders in the youth correction facility who were waivedby the juvenile court to be prosecuted as adults or who were prosecuted asadults under ORS 137.707.

      (2)The director by rule shall determine reasonable standards for care andtreatment of youth offenders housed in youth correction facilities. Within thetotal limit established under subsection (1) of this section, the Director ofthe Oregon Youth Authority shall establish and impose a maximum allowablepopulation level for each youth correction facility. The maximum allowablepopulation shall not exceed the design capacity for the facility and shall befurther limited by the ability of the facility to meet the standard of care andtreatment established by rule under this subsection, protect communities, holdyouth offenders accountable for their behavior and improve the competency ofyouth offenders to become responsible and productive members of theircommunities.

      (3)The director by rule shall establish criteria upon which the decision to placea youth in a youth correction facility must be based, and which, in turn, shallbe based upon behaviors and characteristics of youths otherwise eligible forcommitment to a youth correction facility.

      (4)After conferring with the juvenile court judges, the director shall develop andimplement by rule, a method of controlling admissions to the youth correctionfacilities so as not to exceed maximum levels determined under subsections (1)and (2) of this section. [1985 c.500 §4; 1987 c.507 §1; 1993 c.762 §1; 1995c.422 §90; 2001 c.904 §6; 2001 c.905 §7]

 

      Note: 420.014 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 420 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      420.015 [1959 c.432 §73;1963 c.256 §1; 1965 c.616 §35; renumbered 420.031]

 

      420.016 [Formerly420.150 and then 420.050; repealed by 1971 c.698 §7]

 

      420.017Diversion plan.(1) The Oregon Youth Authority shall develop annually a plan for diversion ofdelinquent youth from commitment to the youth correction facilities toalternative community services.

      (2)In consultation with the local commissions on children and families establishedunder ORS 417.760, the juvenile departments shall develop a plan for servicesneeded to divert the commitment of youth from the youth correction facilities,and how these services are to be administered if funds are provided. Followingreview and comment by local commissions, the plan must be approved in the formof a resolution by the governing body of the appropriate county and of a letterof concurrence from the presiding judge for the judicial district in which thejuvenile court is located.

      (3)The youth authority shall develop and implement a statewide diversion planafter taking the local juvenile departments’ plans into consideration and afterconsulting with affected service providers. [1985 c.500 §7; 1993 c.676 §47;1993 c.742 §88; 1995 c.422 §91; 1995 c.781 §44]

 

      420.019Implementation of diversion plan. (1)(a) The Oregon Youth Authority maycontract with the governing body of a county or two or more counties, if thecounties have joined together as a consortium or region, for implementing thestatewide diversion plan, which may include juvenile parole and probationservices or out-of-home placement.

      (b)A county or counties that contract with the Oregon Youth Authority under thissection shall have access to a continuum of out-of-home placement optionsincluding, but not limited to, youth correction facilities, youth care centers,foster care and private placements. Participating counties shall be ensuredaccess to an equitable share of out-of-home placements.

      (c)A county or counties that contract with the Oregon Youth Authority under thissection have the responsibility for parole decisions regarding youths from thecounty or counties committed to youth correction facilities. In the event thata county or counties are operating over the allocated youth correction facilitycap, the youth authority may assume parole authority until the countypopulation is at the cap.

      (d)The state and county may agree that the governing body of the county orcounties may subcontract for services or that the state will provide servicesor that the county or counties may subcontract for some services and the stateprovide other services as stipulated in the contract with the youth authority.

      (e)When services previously provided by the Oregon Youth Authority transfer to acounty or counties, terms of the contract must include, but need not be limitedto, the actual cost of employee salaries, benefits and other payroll expenses,plus support costs necessary for the transferred positions.

      (f)The youth authority is responsible for performance auditing of contracts andsubcontracts.

      (g)The youth authority shall contract directly with service providers in thosecounties where the governing body of the county or counties chooses not tocontract with the youth authority.

      (h)The funds provided to implement the diversion plan or provide for out-of-homeplacement or parole and probation services shall not be used by a county tosupplant moneys otherwise provided to the county juvenile department forservices to delinquent youth.

      (2)(a)Unless otherwise provided in the contract, a county that is contracting withthe youth authority under subsection (1) of this section shall supervise stateemployees providing parole and probation services within the county.

      (b)Subject to a collective bargaining agreement, supervision under this subsectionincludes discipline, performance evaluation, training and all other functionspreviously carried out by state employed supervisors. [1985 c.500 §8; 1995c.422 §92; 1997 c.249 §134]

 

      420.020 [Amended by1955 c.89 §1; 1965 c.616 §40; renumbered 420.075]

 

      420.021Expenses borne by county. All traveling and other expenses incurred inplacing a person in a youth correction facility in the legal custody of theOregon Youth Authority and delivering the person into the custody of the youthauthority under ORS 419B.337 (1), 419C.478 (1) or 419C.481 shall be borne bythe county from which the person was placed in the legal custody of the youthauthority. [Formerly 420.160; 1969 c.679 §6; 1971 c.401 §97; 1993 c.33 §344;1995 c.422 §93]

 

      420.025 [Formerly420.170; 1969 c.679 §7; repealed by 1971 c.401 §120]

 

      420.030 [Amended by1959 c.432 §74; 1963 c.256 §2; 1965 c.616 §41; renumbered 420.080]

 

      420.031Wardship over youth offender at youth correction facility; legal custody ofyouth offender.(1) The granting of legal custody and guardianship over the youth offender tothe Oregon Youth Authority does not terminate the juvenile court’s jurisdictionover the youth offender.

      (2)Upon parole of the youth offender from a youth correction facility, the legalcustody of the youth offender is vested in the parents of the youth offender orother person to whom the youth offender is returned, subject to ORS 420.045(3). [Formerly 420.015; 1969 c.679 §8; 1971 c.401 §99; 1995 c.422 §94; 2003c.396 §141]