Or. Rev. Stat. § 144.450

Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act

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      144.450 Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act. (1) The Director of the Department of Corrections shall approve or reject each recommendation under ORS 144.440 or 421.170 for enrollment in the work release program. Rejection by the director of a recommendation does not preclude submission under ORS 421.170 of subsequent recommendations regarding enrollment of the same person.

      (2) An adult in custody may be assigned by the Department of Corrections to participate in an adult in custody work program, or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, without the consent of the adult in custody.

      (3) The director shall promulgate rules for carrying out ORS 144.410 to 144.525 and 421.170.

      (4) In approving a recommendation and enrolling a person in the work release program, or in assigning an adult in custody to participate in an adult in custody work program or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, the director may prescribe any specific conditions that the director finds appropriate to assure compliance by the person with the general procedures and objectives of the work release program.

      (5) ORS 183.410 to 183.500 do not apply to actions taken under this section. [1965 c.463 §7; 1973 c.621 §8a; 1973 c.836 §306; 1987 c.320 §70a; 1995 c.384 §5; 1997 c.851 §9; 2019 c.213 §34]

Notes of Decisions
Cited in 5 cases, 1968–1979 · leading case: State v. Hutcheson
State v. Hutcheson (1968) or · cites it 2× “” The administrator of the Corrections Division, pursuant to ORS 144.450, approved the recommendation as follows: “Transfer of inmate for the purpose of housing and treatment under the Work Release Program is approved.”
Chochrek v. Cupp (1975) orctapp · cites it 2× “500(1) provides: "If a person enrolled in the work release program violates any law, or any rule or specific condition applicable to him under ORS 144.450, the division may immediately terminate that person's enrollment in the work release program and transfer him to a penal or…”
Kneefe v. Sullivan (1970) orctapp “500(2): “(2) Absence, without a reason that is acceptable to the administrator, of a person enrolled in a work release pro *155 gram from his place of employment or his designated quarters, at any time contrary to the rules or specific conditions applicable to him under ORS…”
Rutherford v. OREGON STATE PENITENTIARY, ETC. (1979) orctapp “This court relied upon ORS 144.450(4) which then provided — and continues to provide — in relevant part that the APA "does not apply to actions taken under this section.”
Paola v. Cupp (1972) orctapp · cites it 6× “Project Newgate is a program of higher education for selected inmates of state penal and correctional institutions and is carried out under ORS 144.450 et seq as part of the so-called work release program.”
— Or. Rev. Stat. § 144.450(4) — 1 case
Rutherford v. OREGON STATE PENITENTIARY, ETC. (1979) orctapp “This court relied upon ORS 144.450(4) which then provided — and continues to provide — in relevant part that the APA "does not apply to actions taken under this section.”
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