Oregon Revised Statutes Chapter 169 § 169.044 — and if a county jail population emergency occurs under the terms of the
Oregon Revised Statutes Chapter 169 ·
Oregon Code § 169.044·Enacted ·Last updated March 01, 2026
Statute Text
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]
Plain English Explanation
This Oregon statute addresses and if a county jail population emergency occurs under the terms of the
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 169.044
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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