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STATUTES AND MEASURES RELATED TO OCE

All amendments, statutes, measures, and links shown on this page are for reference purposes and are accurate as of the day published. If any information differs or an update exists in the Oregon Revised Statutes, Oregon Constitution and Amendments, or applicable Oregon or Federal laws, bills, and measures, those take precedence over the information on this page or in the associated information page links. If you find variations please use our Contact Page to let us know. Thank you!

OCE Contact Page

AMENDMENTS TO THE OREGON CONSTITUTION

Section 41. Work and training for corrections institution inmates; work programs; limitations; duties of corrections director. (1) Whereas the people of the state of Oregon find and declare that inmates who are confined in corrections institutions should work as hard as the taxpayers who provide for their upkeep; and whereas the people also find and declare that inmates confined within corrections institutions must be fully engaged in productive activity if they are to successfully re-enter society with practical skills and a viable work ethic; now, therefore, the people declare:

Read the rest of SECTION 41 (scroll down to Article 1, Section 41)

Oregon Constitution Section 41

OREGON REVISED STATUTES (ORS)

ORS 421.344 - Creation of Oregon Corrections Enterprises as semi-independent agency
There is established Oregon Corrections Enterprises, a semi-independent agency. The Director of the Department of Corrections shall assign or appoint an administrator who shall serve at the pleasure of the director. The administrator shall have authority to do all things necessary and convenient to carry out ORS 192.355 (Public records exempt from disclosure), 421.305 (Establishment of industries in institutions), 421.312 (Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized), 421.344 (Creation of Oregon Corrections Enterprises as semi-independent agency) to 421.367 (Report to Governor and Legislative Assembly), 421.412 (Use of inmate labor in acquisition of crops to be consumed in state institutions), 421.442 (Creation of accounts and subaccounts relating to prison work and on-the-job training programs), 421.444 (Intellectual property) and 421.445 (Supervision of inmates in Department of Corrections or Oregon Corrections Enterprises program). [1999 c.955 §3]

ORS 421.344

ORS 421.347 - Advisory council
(1) The administrator of Oregon Corrections Enterprises shall establish, by the issuance of a policy directive or order, an advisory council consisting of not fewer than three members to provide policy input concerning Oregon Corrections Enterprises operations and its discharge of the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355 (Public records exempt from disclosure), 421.305 (Establishment of industries in institutions), 421.312 (Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized), 421.344 (Creation of Oregon Corrections Enterprises as semi-independent agency) to 421.367 (Report to Governor and Legislative Assembly), 421.412 (Use of inmate labor in acquisition of crops to be consumed in state institutions), 421.442 (Creation of accounts and subaccounts relating to prison work and on-the-job training programs), 421.444 (Intellectual property) and 421.445 (Supervision of inmates in Department of Corrections or Oregon Corrections Enterprises program). The council shall select one of its members as chairperson. The council shall meet not less frequently than semiannually at the offices of Oregon Corrections Enterprises. The council shall meet at such other times and places specified by the administrator. All members shall be entitled to expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions).

(2) The membership of the advisory council shall consist of at least one representative of each of the following interests, as determined at the discretion of the administrator:
(a) At least one member shall be a person who has experience in, and can represent the interests and perspective of the banking or finance industry;
(b) At least one member shall be a person who has experience in and can represent the interests and perspective of private business in Oregon; and
(c) At least one member shall be a person who has experience in the field of labor relations and can represent the interests and perspective of organized labor.

(3) Members of the advisory council must be citizens of the United States and residents of the State of Oregon. No member of the council may be an employee of the Department of Corrections or of Oregon Corrections Enterprises.

(4) The order or policy directive that establishes the advisory council may specify the terms of office of members of the council and may provide for removal of members from the advisory council by the administrator, either at the pleasure of the administrator or for other grounds specified in the order or policy directive. Upon the expiration or termination of the term of any member appointed to represent an interest under subsection (2) of this section, the administrator shall appoint a successor to represent that interest. A member of the advisory council shall be eligible for reappointment. [1999 c.955 §4]

ORS 421.347

ORS 421.349 - Advisory committee
n addition to the advisory council required by ORS 421.347 (Advisory council), the administrator may establish, by the issuance of a policy directive or order, one or more advisory committees, bodies or advisors to advise and assist Oregon Corrections Enterprises in discharging its functions and duties as prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355 (Public records exempt from disclosure), 421.305 (Establishment of industries in institutions), 421.312 (Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized), 421.344 (Creation of Oregon Corrections Enterprises as semi-independent agency) to 421.367 (Report to Governor and Legislative Assembly), 421.412 (Use of inmate labor in acquisition of crops to be consumed in state institutions), 421.442 (Creation of accounts and subaccounts relating to prison work and on-the-job training programs), 421.444 (Intellectual property) and 421.445 (Supervision of inmates in Department of Corrections or Oregon Corrections Enterprises program). The administrator may authorize the payment of expenses, as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions), to the members of any advisory committee or body established under this section. [1999 c.955 §5]

ORS 421.349

ORS 421.352 - Applicability of certain statutes to Oregon Corrections Enterprises
(1) The provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292 and 293 and ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required), 183.710 (Definitions for ORS 183.710 to 183.730) to 183.730 (Review of rule by Oregon Sunshine Committee), 183.745 (Civil penalty procedures), 183.750 (State agency required to prepare public writings in readable form), 184.345 (Oregon Department of Administrative Services to provide services to certain agencies on reimbursable basis), 190.430 (Attorney General to review agreements), 190.490 (Approval of agreement by Attorney General), 200.035 (Notice to Governor's Policy Advisor for Economic and Business Equity), 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), 243.303 (Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children), 243.305 (Policy of affirmative action and fair and equal employment opportunities and advancement), 243.315 (Director of Affirmative Action), 243.325 (“Public employee" defined) to 243.335 (Reimbursement to public employer), 243.696 (State agency representatives in bargaining), 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services), 282.010 (Definitions for ORS 282.010 to 282.150) to 282.150 (Printing inaugural address of Governor), 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and 656.017 (Employer required to pay compensation and perform other duties) (2) do not apply to Oregon Corrections Enterprises.

(2) Oregon Corrections Enterprises is not subject to any provision of law enacted after December 2, 1999, that governs state agencies generally unless the provision specifically provides that it applies to Oregon Corrections Enterprises. [1999 c.955 §6; 2003 c.794 §279; 2007 c.100 §34; 2012 c.107 §64; 2015 c.158 §33]

ORS 421.352

ORS 421.354 - Authority of Oregon Corrections Enterprises
(1) Oregon Corrections Enterprises may engage eligible inmates in state corrections institutions in work or on-the-job training. This authority is subject to the authority granted the Director of the Department of Corrections by section 41, Article I of the Oregon Constitution, and to any rules or orders issued by the director regarding care, custody and control of inmates. Oregon Corrections Enterprises shall ensure that all inmate work and on-the-job training programs are cost-effective and designed to develop inmate motivation, work capabilities, cooperation and successful transition into the community.

(2) Oregon Corrections Enterprises may enter into contracts or agreements with private persons or government agencies for the purpose of:
(a) Accomplishing the production and marketing of products or services produced or performed by inmates;
(b) Making prison work products or services available to any public agency and to any private enterprise; or
(c) Making prison work products available to any private person.

(3) Oregon Corrections Enterprises may make or enter into any agreement to assist inmates in making a successful transition upon release by state correction institutions.

(4) Oregon Corrections Enterprises shall carry out the public purposes and missions stated in section 41, Article I of the Oregon Constitution, and in this section in the manner that, in the determination of Oregon Corrections Enterprises, best promotes the public welfare of the people of the State of Oregon. [1999 c.955 §7]

ORS 421.354

ORS 421.357 - Limitation on amount agency may charge Oregon Corrections Enterprises
(1) A state agency shall not charge Oregon Corrections Enterprises for services or products provided by the agency in an amount that exceeds the amount the agency charges other state agencies for the same services or products.

(2) Oregon Corrections Enterprises shall pay the cost of audits of Oregon Corrections Enterprises performed pursuant to the Secretary of State's statutory and constitutional authority. [1999 c.955 §11]

ORS 421.357

ORS 421.359 - Disposition of income and revenues
All income and revenues generated or received by Oregon Corrections Enterprises shall remain within, and are continuously appropriated to, Oregon Corrections Enterprises for the purposes of discharging the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355 (Public records exempt from disclosure), 421.305 (Establishment of industries in institutions), 421.312 (Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized), 421.344 (Creation of Oregon Corrections Enterprises as semi-independent agency) to 421.367 (Report to Governor and Legislative Assembly), 421.412 (Use of inmate labor in acquisition of crops to be consumed in state institutions), 421.442 (Creation of accounts and subaccounts relating to prison work and on-the-job training programs), 421.444 (Intellectual property) and 421.445 (Supervision of inmates in Department of Corrections or Oregon Corrections Enterprises program). There shall be no commingling of funds between Oregon Corrections Enterprises and the Department of Corrections. [1999 c.955 §9]

ORS 421.359

ORS 421.362 - Continuation of employment of certain Department of Corrections employees
(1) All persons employed by the Department of Corrections in inmate work programs on December 2, 1999, shall be offered continuation of their employment with Oregon Corrections Enterprises. Those employees who continue employment with Oregon Corrections Enterprises shall retain their Public Employees Retirement System status granted prior to December 2, 1999. The terms and conditions of the continued employment shall be determined by the administrator. The terms and conditions of employment for Oregon Corrections Enterprises employees who may become represented for collective bargaining in the appropriate bargaining unit shall be determined in accordance with ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized), except for ORS 243.696 (State agency representatives in bargaining). For purposes of collective bargaining, the appropriate bargaining unit shall be a separate unit composed exclusively of Oregon Corrections Enterprises employees.

(2) Notwithstanding the provisions of ORS chapter 237, Oregon Corrections Enterprises may offer to its employees alternative retirement programs in addition to the Public Employees Retirement System. [1999 c.955 §13]

ORS 421.362

ORS 421.364 - Provision of legal services to Oregon Corrections Enterprises
Notwithstanding any other provision of law, the Attorney General, at the request of Oregon Corrections Enterprises, shall identify one or more assistant attorneys general to provide legal services related to the inmate work programs of Oregon Corrections Enterprises. At least one assistant attorney general shall have an office located at the main office of Oregon Corrections Enterprises as a primary office location. [1999 c.955 §14]

ORS 421.364

ORS 421.367 - Report to Governor and Legislative Assembly
(1) Oregon Corrections Enterprises shall report annually to the Governor and the Legislative Assembly regarding Oregon Corrections Enterprises activities and operations for the preceding year.

(2) Notwithstanding ORS 421.352 (Applicability of certain statutes to Oregon Corrections Enterprises), Oregon Corrections Enterprises shall provide to the Oregon Department of Administrative Services such financial information as the Oregon Department of Administrative Services may require for purposes of completing the financial report described in ORS 291.040 (State financial report). [1999 c.955 §8]

ORS 421.367

BALLOT MEASURES

In 1994 voters passed Ballot Measure 17 that required every eligible Oregon prison inmate to work a 40-hour week. Up to half of that requirement can be met by participating in job training and education programs. In November 1999, Oregon voters passed Ballot Measure 68, creating a semi-independent state agency called Oregon Corrections Enterprises (OCE), and clarifying their intent regarding the role of prison work programs in the private sector.

OCE develops and maintains partnerships with private-sector businesses to achieve mutual business goals. One example of work with the private sector is the popular "Prison Blues" line of clothing, sewn at Eastern Oregon Correctional Institution in Pendleton.

OCE operates businesses located within various correctional facilities throughout the state, ranging from commercial laundries to telecommunication centers, and receives no General Fund tax dollars. It attempts to promote a good work ethic and provide job skills with the ultimate goal of helping adults in custody make a productive transition back into the community.

Secretary of State Measure 17

PUBLIC RECORDS REQUESTS

Oregon Corrections Enterprises Public Records Requests
All public records requests must be in writing. Please complete the Public Records Request Form and click Submit to forward your request to OCE's Public Information Officer. You will receive an initial response within five business days. Please note: per ORS 192.502 (30), OCE records of a sensitive business nature may be redacted. OCE follows the Oregon Secretary of State Records Retention Schedules, so records before a certain date may not be available.

OCE Public Records RequestPublic Records Exemption

Oregon Department of Corrections Public Records Requests
Oregon Department of Corrections (DOC) is dedicated to responding to public records requests in accordance with the Public Records Law (ORS 192.324). All requests for Department of Corrections records must be in writing and sent to the appropriate unit.

DOC Public Records Requests