(2) If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order adults in custody released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of adults in custody under ORS 169.042 to 169.046.
(3) If it becomes necessary to order adults in custody released under ORS 169.042 to 169.046, or if it appears to the sheriff that release of adults in custody is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 to 133.076 until further notice.
(4) If it becomes necessary to order the release of adults in custody under ORS 169.042 to 169.046, the sheriff may place adults in custody on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the adult in custody and must include:
(a) The date of the next court appearance of the adult in custody;
(b) A statement that the adult in custody is required to appear at the next court appearance; and
(c) A statement that failure of the adult in custody to appear at the next court appearance is subject to prosecution under ORS 162.195 or 162.205. [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2; 2019 c.213 §44]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
Section 169.005 - Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800.
Section 169.040 - Inspection of local correctional facilities.
Section 169.042 - Maximum facility population; recommendation.
Section 169.044 - Action on recommendation.
Section 169.055 - Contracts with Department of Corrections for county prisoners awaiting sentencing.
Section 169.076 - Standards for local correctional facilities.
Section 169.077 - Standards for lockup facilities.
Section 169.078 - Standards for temporary hold facilities.
Section 169.110 - Time credit for good behavior.
Section 169.115 - Temporary leave; rules.
Section 169.120 - Credit for work.
Section 169.150 - Payment of expenses of keeping prisoners; health care fees.
Section 169.151 - Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures.
Section 169.155 - Definitions for ORS 169.155 and 169.166.
Section 169.166 - Liability for costs of medical services.
Section 169.320 - Control over prisoners; work by prisoners.
Section 169.340 - Liability for escape of defendant in a civil action.
Section 169.630 - Joint establishment or operation of facilities; agreement.
Section 169.635 - Provision of personal hygiene products.
Section 169.640 - Status of facility for custody of misdemeanants and violators.
Section 169.681 - Limit on telephone service provider fee or commission; quarterly report; rules.
Section 169.685 - Inmate Welfare Fund Account.
Section 169.730 - Definitions for ORS 169.740 to 169.760.
Section 169.740 - Standards for juvenile detention facilities.
Section 169.750 - Restrictions on operation of juvenile detention facilities.
Section 169.760 - Juvenile detention facilities to establish written policy.