Oregon Revised Statutes

Or. Rev. Stat. § 169.042 (2026)

Maximum facility population; recommendation

✓ current as of May 2026

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169.042 Maximum facility population; recommendation. The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following:

(1) The advice of the district attorney, county counsel and sheriff concerning prevailing constitutional standards relating to conditions of incarceration;

(2) The design capacity of the local correctional facility;

(3) The physical condition of the local correctional facility; and

(4) The programs provided for adults in custody of the local correctional facility. [1989 c.884 §2; 2019 c.213 §121]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: State v. Rytting, 527 P.3d 777 (Or. Ct. App. 2023).

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State v. Rytting, 527 P.3d 777 (Or. Ct. App. 2023). “046, and they include the following provisions: Cite as 324 Or App 828 (2023) 837 “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.”

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