After giving birth to a child at a hospital, an adult in custody must be subject to medically appropriate procedures constituting the least restrictive means to ensure safe transport to and arrival at a Department of Corrections facility. [2023 c.311 § 3]

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421.178 becomes operative June 1, 2024. See section 6, chapter 311, Oregon Laws 2023.

See second note under 421.173.

Sections 4 and 5, chapter 311, Oregon Laws 2023, provide:

(1) Prior to implementing the doula program established under section 1 of this 2023 Act [421.173], the Department of Corrections shall develop procedures, informed by feedback from stakeholders and received at the listening sessions described in subsection (2) of this section, to:

(a) Document compliance or noncompliance with the checklist of policies under section 1 (6) of this 2023 Act and ensure that the documentation is stored in the adult in custody’s file.

(b) Document any use of mechanical restraints under section 2 of this 2023 Act [421.175], including when and why the restraints were used and ensure that the documentation is stored in the adult in custody’s file.

(c) Minimize the severity and invasiveness of the transport and arrival procedures described in section 3 of this 2023 Act [421.178], including strip searches and body cavity searches.

(2) The department shall participate in at least two listening sessions with individuals who gave birth while in the custody of the department.

(3)(a) The department shall provide a report on the actions taken to implement the doula program to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS § 192.245 no later than March 15, 2024.

(b) The report must examine the procedures described in subsection (1) of this section. [2023 c.311 § 4]

Section 4 of this 2023 Act is repealed on January 2, 2025. [2023 c.311 § 5]

Sections 1 and 4, chapter 830, Oregon Laws 2015, provide:

(1) The Department of Corrections, in partnership with the circuit court and county community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Pilot Program.

(2) A defendant is eligible for the Family Sentencing Alternative Pilot Program if:

(a) The defendant’s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Corrections of at least one year;

(b) The defendant is not currently being sentenced for:

(A) A person felony as defined in the rules of the Oregon Criminal Justice Commission;

(B) A sex crime as defined in ORS § 163A.005; or

(C) An offense requiring a specified sentence under ORS § 137.635, 137.700, 137.707, 164.061, 475.907, 475.925, 475.930 or 813.011; and

(c) The defendant is pregnant at the time of sentencing, or is the parent or legal guardian of a minor child and at the time of the offense or sentencing had physical custody of the child.

(3)(a) If the defendant meets the eligibility requirements described in subsection (2) of this section and is eligible for a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, the court may order that the defendant sign a release authorizing the Department of Human Services to provide the community corrections agency with written confirmation of, and consultation concerning, any open or current juvenile dependency proceeding or any prior substantiated allegation of abuse or neglect involving the defendant and a minor child.

(b) The court may consider eligibility in the Family Sentencing Alternative Pilot Program as a mitigating factor when determining whether to sentence the defendant to probation, with a requirement that the defendant participate in the program as a condition of probation, as a downward dispositional departure under the rules of the commission.

(4) After receipt of the information described in subsection (3) of this section, the community corrections agency, in consultation with the Department of Human Services, shall determine if the Family Sentencing Alternative Pilot Program is an appropriate program for the defendant and, if the program is appropriate and the defendant is sentenced to a term of probation, require participation in the program for the first 12 months of the probationary sentence. In addition to the conditions of probation ordered under ORS § 137.540, the defendant may be required to comply with any additional conditions related to the program, including but not limited to:

(a) Geographical restrictions, including house arrest and electronic surveillance;

(b) Participation in vocational training; and

(c) Completion of:

(A) Parenting skills classes;

(B) Drug or alcohol treatment;

(C) Mental health treatment; or

(D) Life skills classes.

(5) The Department of Human Services and community corrections agencies shall cooperate with the Department of Corrections in implementing the Family Sentencing Alternative Pilot Program described in this section.

(6) The Department of Human Services and the Department of Corrections shall jointly submit a report concerning the Family Sentencing Alternative Pilot Program, which must include program outcomes and data related to the efficacy of the program, and which may include recommendations for legislation in the manner provided by ORS § 192.245, to the interim committees of the Legislative Assembly related to the judiciary no later than January 1 of each year.

(7) The Department of Corrections shall establish a process for selecting counties to participate in the Family Sentencing Alternative Pilot Program.

(8) The Department of Corrections and the Department of Human Services may adopt rules to carry out the provisions of this section. [2015 c.830 § 1; 2017 c.673 § 2]

Section 1 of this 2015 Act is repealed on July 1, 2025. [2015 c.830 § 4]

DISCIPLINE OF ADULTS IN CUSTODY