§ 419A.055 — Examination of facilities; capacity limits; standards for release; notice

Oregon § 419A.055

• Jurisdiction: Oregon
• Vol.: 11
• Title 34: Human Services; Juvenile Code; Corrections
• Ch. 419A: Juvenile Code: General Provisions and Definitions

Text

(1) As used in this section:
(a) “Contracting county” means a county that contracts with another county or a regional juvenile detention correctional facility to place youths and adjudicated youths in a detention facility in another county or in a regional juvenile detention correctional facility.
(b) “County court” has the meaning given that term in ORS 174.100.
(2) The county court of a county may:
(a) Institute an examination of the county’s detention facility and establish its capacity in accordance with constitutional standards; and
(b) Issue an order establishing the capacity of the county’s detention facility.
(3)(a) A county court of a county may adopt standards for releasing youths and adjudicated youths when the capacity of the detention facility is exceeded.
(b) A county court of a contracting county may adopt standards for releasing youths and adjudicated youths when the number of youths or adjudicated youths requiring placement in a detention facility in another county or in a regional juvenile detention correctional facility exceeds the number of youths and adjudicated youths for whose placement the contracting county has contracted.
(4) If a county court issues an order establishing the capacity of the detention facility and that capacity is exceeded, the county court, through the juvenile department director of that county, may release a sufficient number of youths or adjudicated youths to reduce the population of the detention facility to the established capacity.
(5) If the number of youths and adjudicated youths requiring placement in a detention facility in another county or in a regional juvenile detention correctional facility exceeds the number for whose placement the contracting county has contracted, the county court of the contracting county, through the juvenile department director of the contracting county, may release a sufficient number of youths or adjudicated youths who have been placed in a detention facility in another county or in a regional juvenile detention correctional facility to reduce the number of youths and adjudicated youths to the number for whose placement the contracting county has contracted.
(6)(a) The county court of a county, through the juvenile department director of the county, shall immediately notify the judge of the juvenile court of the county of the release of the youths or adjudicated youths.
(b) The county court of a contracting county, through the juvenile department director of the contracting county, shall immediately notify the judge of the juvenile court of the contracting county of the release of the youths or adjudicated youths.
(7) This section does not create a cause of action and may not be asserted as the basis for a per se negligence claim.

Legislative History

1993 c.33 §10; 2003 c.396 §11; 2009 c.293 §1; 2021 c.489 §39