Statute Text
Establishment of industries in institutions; authority of Oregon Corrections
Enterprises; rules; fees.
(1) Subject to the authority of the Director of the Department of Corrections
over care, custody and control of adults in custody and of corrections
institutions, in carrying out the powers and duties generally described by ORS
421.354, Oregon Corrections Enterprises may:
(a) Install and
equip plants in any of the Department of Corrections institutions, or any other
location, for the employment of any of the adults in custody therein in forms
of industry and employment not inconsistent with section 41, Article I, Oregon
Constitution, and this chapter.
(b) Purchase,
acquire, install, maintain and operate materials, machinery and appliances
necessary in the conduct and operation of such plants.
(c) Make any and
all contracts or agreements, enter into any partnerships, joint ventures or
other business arrangements, create and participate fully in the operation of
any business structure, including but not limited to the development of
business structures for adult in custody work program systems and networks with
any public, private, government, nonprofit or for-profit person or entity that
in the judgment of Oregon Corrections Enterprises is necessary or appropriate
to accomplish the marketing of products or services produced by adults in
custody or the production of goods, wares or services by adults in custody.
(d) Acquire,
receive, hold, keep, pledge, control, convey, manage, use, lend, expend and
invest all funds, appropriations and revenues received by Oregon Corrections
Enterprises from any source.
(e) Determine,
approve or adopt policies for the organization, administration and development
of Oregon Corrections Enterprises.
(f) Sue in the
name of Oregon Corrections Enterprises and be sued, plead and be impleaded in
all actions, suits or proceedings in any forum brought by or against Oregon
Corrections Enterprises by any and all private or local, federal or other
public entities, agencies or persons. Oregon Corrections Enterprises shall not
have authority to sue or be sued by the State of Oregon.
(g) Appoint and
employ any instructional, administrative, professional, trade, occupational and
other personnel as are necessary or appropriate to carry out the duties and
missions of Oregon Corrections Enterprises, and prescribe their compensation
and terms of office or employment.
(h) Purchase,
acquire, receive, hold, control, convey, sell, manage, operate, lease, license,
lend, invest, improve, develop, use, dispose of and hold title to real and
personal property of any nature, including intellectual property, in the name
of Oregon Corrections Enterprises.
(i) Hold,
control, convey, sell, manage, operate, lease, license, lend, invest, improve,
develop, use and dispose of any and all Oregon Corrections Enterprises products
and services. Oregon Corrections Enterprises shall adopt policies regarding the
sale of products and services of Oregon Corrections Enterprises, which products
and services shall be sold for cash or on such terms as are approved by the
administrator.
(j) Subject to
ORS 283.085 to 283.092, borrow money for the needs of Oregon Corrections
Enterprises in such amounts and for such time and upon such terms as may be
determined by the administrator.
(k) Erect,
construct, improve, develop, repair, maintain, equip, furnish, lease, lend,
convey, sell, manage, operate, use, dispose of and hold title to buildings,
structures and lands for Oregon Corrections Enterprises.
(L) Authorize,
create, eliminate, establish, operate, reorganize, reduce or expand any
program, system, facility or other unit of operation in furthering the missions
of Oregon Corrections Enterprises.
(m) Establish,
charge, collect and use charges and fees for Oregon Corrections Enterprises
services and the use of Oregon Corrections Enterprises facilities.
(n) Establish
agreements with any state agency for the performance of such duties, functions
and powers as the administrator may determine to be appropriate.
(o) Make
available, by lease or otherwise, or control access to any Oregon Corrections
Enterprises facilities or services or other of its properties and assets to
such persons, firms, partnerships, associations or corporations and on such
terms the administrator considers appropriate, charge and collect rent or other
fees or charges therefor and terminate or deny any such access or any such
lease or other agreement for such reasons as the administrator considers
appropriate and as may be consistent with the obligations of Oregon Corrections
Enterprises under any such lease or other agreement.
(p) Contract for
the operation of any department, section, equipment or holdings of Oregon
Corrections Enterprises and enter into any agreements with a person, firm or
corporation for the management by a person, firm or corporation on behalf of
Oregon Corrections Enterprise