Bill Text: OR SB417 | 2013 | Regular Session | Introduced
Bill Title: Relating to reporting abuse of inmates; declaring an emergency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB417 Detail]
Download: Oregon-2013-SB417-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 772
Senate Bill 417
Sponsored by Senator CLOSE (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires corrections officer to report abuse of inmate to
Department of Corrections or sheriff and to Attorney General.
Requires department or sheriff to investigate report and notify
Attorney General of results. Grants immunity from liability for
corrections officer making report in good faith and with
reasonable grounds.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to reporting abuse of inmates; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2013 Act:
(1)(a) 'Abuse' means:
(A) Physical injury that is caused by other than accidental
means.
(B) Failure to provide basic care or services that results in
physical injury.
(C) Nonconsensual sexual contact.
(D) Illegal or improper use of resources for personal profit or
gain.
(E) Verbal or mental abuse.
(F) Corporal punishment.
(b) 'Abuse' does not mean execution of a death sentence
pursuant to a death warrant issued under ORS 137.463.
(2) 'Corrections officer' has the meaning given that term in
ORS 181.610.
(3) 'Inmate' means a person incarcerated in a correctional
facility of the state or a county. + }
SECTION 2. { + (1) A corrections officer having reasonable
cause to believe that an inmate with whom the corrections officer
comes in contact has suffered abuse, or that a person with whom
the corrections officer comes in contact has abused an inmate,
shall immediately make a report in the manner required under
section 3 of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, a
corrections officer is not required to make a report under this
section if the corrections officer acquires information relating
to abuse from a report made under this section, or from a
proceeding arising out of a report made under this section, and
the corrections officer reasonably believes that the information
is already known by the Department of Corrections or the sheriff
of the county, as applicable.
(3) The duty to report under this section is personal to the
corrections officer.
(4) A corrections officer who violates subsection (1) of this
section commits a Class A violation. Prosecution under this
subsection may be commenced at any time within 18 months after
commission of the offense.
(5) Failure to report as required under this section may be
considered as a ground for suspension or revocation of the
certification of a corrections officer under ORS 181.662. + }
SECTION 3. { + (1) A corrections officer making a report of
abuse as required under section 2 of this 2013 Act shall make an
oral report, followed by a written report, to:
(a) The Attorney General; and
(b)(A) The Department of Corrections, if the abuse occurred in
a state correctional facility; or
(B) The sheriff of the county, if the abuse occurred in a
county correctional facility.
(2) A report made under this section shall contain, if known,
the name of the inmate, the name of the person who committed the
abuse and the correctional facility in which the inmate is
incarcerated. + }
SECTION 4. { + (1) When the Department of Corrections or a
sheriff receives a report of abuse under section 3 of this 2013
Act, the department or the sheriff shall immediately:
(a) Make arrangements within the correctional facility as
necessary to prevent further abuse of the inmate and similar
abuse of other inmates in the correctional facility by the person
who committed the reported abuse or by any other person; and
(b) Cause an investigation to be made to determine the
reliability of the report and, if the report is determined to be
reliable, the nature of the abuse of the inmate.
(2) If the person conducting the investigation finds reasonable
cause to believe the abuse occurred, the person shall make an
oral report, followed by a written report, to the Attorney
General and to the department or the sheriff, as applicable.
(3)(a) As soon as practicable after the investigation required
under this section is completed, the department or the sheriff
shall notify the Attorney General of the results of the
investigation and of the steps taken to prevent future
occurrences of the abuse.
(b) Identifying information about the corrections officer who
made the report may not be disclosed without the corrections
officer's consent.
(c) A person to whom notification is made under this subsection
may not release any information contained in the notification.
(4)(a) If the Attorney General has not received notification
under subsection (3) of this section within 30 days after
receiving a report under section 3 of this 2013 Act, the Attorney
General shall request information regarding the investigation
from the department or the sheriff and may conduct an independent
investigation of the abuse alleged in the report.
(b) The department or the sheriff, as applicable, and the
correctional facility in which the abuse is alleged to have
occurred shall cooperate with the Attorney General's
investigation under this subsection.
(5) Nothing in this section affects the ability of the Attorney
General or the district attorney of the county, as applicable, to
conduct a criminal investigation of the conduct alleged in a
report received by the department or the sheriff of the county,
respectively. + }
SECTION 5. { + (1) The Attorney General shall:
(a) Designate at least one person to receive reports under
section 3 of this 2013 Act and notifications under section 4 (3)
of this 2013 Act; and
(b) Distribute contact information for persons designated under
this subsection to the Department of Corrections and each county
sheriff.
(2) The Department of Corrections shall:
(a) Designate at least one person working in each state
correctional facility and at least one person not working in a
state correctional facility to receive reports under section 3 of
this 2013 Act; and
(b) Distribute contact information for persons designated under
this subsection and subsection (1) of this section to all state
corrections officers.
(3) Each sheriff shall:
(a) Designate at least one person working in each correctional
facility of the county and at least one person not working in a
county correctional facility to receive reports under section 3
of this 2013 Act; and
(b) Distribute contact information for persons designated under
this subsection and subsection (1) of this section to all
corrections officers of the county. + }
SECTION 6. { + (1) A corrections officer who makes a report of
abuse as required under section 2 of this 2013 Act in good faith
and who has reasonable grounds for making the report shall have
immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to making the
report or the contents of the report.
(2) The corrections officer shall have the same immunity with
respect to participating in any judicial proceeding resulting
from the report. + }
SECTION 7. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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