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Custodial Misconduct & Other Crimes
Criminal Law Violations
Some inappropriate actions by public safety staff might be a crime.  The following information is intended to provide a general overview of some of those circumstances.
 
Oregon's laws provide criminal penalties in some situations where:
  • A public safety agency staff person or contractor has sexual contact with an offender under their agency's custody.
  • A person causes physical injury to another person.
  • A person who has a legal duty to provide food, physical care, or medical attention to another person and withholds that food, care, or medical attention.
  • A person brings drugs or other contraband into a correctional facility.
  • A person fails to perform a duty imposed by law or violates a law affecting their public office.
  • A person misuses confidential information.
  • A person gives or receives bribes.

Custodial Sexual Misconduct (ORS 163.448 - 163.454)
Overview
Oregon law makes it a crime for public safety staff (including OYA staff or contractors) to have sexual contact with persons under the agency's supervision.  Because of the inherent power differential, there cannot be truly consensual sexual contact between those who supervise and those in their custody.
 
Legislation proposed by the Oregon Department of Corrections in 2005 (Senate Bill 89) was approved by the legislature and signed by the Governor to criminalize sexual intercourse and sexual contact between staff and those in custody or under supervision.
 

Details
This law protects offenders who are:
  • Confined or detained in a correctional facility as defined in ORS 162.135 (includes OYA facilities);
  • Participants in an offender work crew or work release program;
  • In the custody of a law enforcement agency following arrest; or
  • Under probation, parole, post-prison supervision or other forms of conditional or supervised release.
 
This law applies to people who are:
  • Employed by, or under contract with, a state or local agency that operates the correctional facility in which the other person is confined or detained;
  • Employed by an agency that is responsible for supervising the other person; in a work crew or work-release program; on probation, parole, post-prison supervision or other form of conditional or supervised release; or while under arrest by a law-enforcement agency.
 
Consent of the other person (offender) to sexual contact is not a defense to prosecution.
 
Codified in ORS 163.305 to 163.465

Criminal Mistreatment
163.200 Criminal mistreatment in the second degree. (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:
      (a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or
      (b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.
      (2) Criminal mistreatment in the second degree is a Class A misdemeanor.
      (3) As used in this section, “legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 §2; 1993 c.364 §1]
 
163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if:
      (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or
      (b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:
      (A) Causes physical injury or injuries to the dependent person or elderly person;
      (B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;
      (C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;
      (D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility;
      (E) Takes charge of a dependent or elderly person for the purpose of fraud; or
      (F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:
      (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or
      (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885.
      (2) As used in this section:
      (a) “Controlled substance” has the meaning given that term in ORS 475.005.
      (b) “Dependent person” means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.
      (c) “Elderly person” means a person 65 years of age or older.
      (d) “Legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.
      (e) “Precursor substance” has the meaning given that term in ORS 475.940.
      (3) Criminal mistreatment in the first degree is a Class C felony. [1973 c.627 §3; 1981 c.486 §1; 1993 c.364 §2; 2005 c.708 §1]
 

Supplying Contraband
162.135 Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires otherwise:
      (1)(a) “Contraband” means:
      (A) Controlled substances as defined in ORS 475.005;
      (B) Drug paraphernalia as defined in ORS 475.525;
      (C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of an inmate confined in a correctional facility; or
      (D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.
      (b) “Contraband” does not include authorized currency possessed by an inmate in a work release facility.
      (2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.370.
      (3) “Currency” means paper money and coins that are within the correctional institution.
      (4) “Custody” means the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
      (5) “Escape” means the unlawful departure of a person from custody or a correctional facility. “Escape” includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board. “Escape” does not include failure to comply with provisions of a conditional release in ORS 135.245.
      (6) “Youth correction facility” means:
      (a) A youth correction facility as defined in ORS 420.005; and
      (b) A detention facility as defined in ORS 419A.004.
      (7) “State hospital” means the Oregon State Hospital, Eastern Oregon Psychiatric Center, Eastern Oregon Training Center and any other hospital established by law for similar purposes.
      (8) “Unauthorized departure” means the unauthorized departure of a person confined by court order in a youth correction facility or a state hospital that, because of the nature of the court order, is not a correctional facility as defined in this section, or the failure to return to custody after any form of temporary release or transitional leave from a correctional facility. [1971 c.743 §189; 1973 c.836 §342; 1983 c.740 §28; 1983 c.815 §7; 1985 c.565 §16; 1989 c.790 §53; 1991 c.809 §1; 1993 c.33 §307; 1995 c.738 §2; 1997 c.249 §47; 1999 c.504 §1; 2001 c.295 §8; 2001 c.900 §24; 2005 c.685 §10]
 
162.185 Supplying contraband. (1) A person commits the crime of supplying contraband if:
      (a) The person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital; or
      (b) Being confined in a correctional facility, youth correction facility or state hospital, the person knowingly makes, obtains or possesses any contraband.
      (2) Supplying contraband is a Class C felony. [1971 c.743 §194; 1983 c.815 §9; 1997 c.249 §48]

Bribery
162.005 Definitions for ORS 162.005 to 162.425. As used in ORS 162.005 to 162.425 and 162.465, unless the context requires otherwise:
      (1) “Pecuniary benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary, in the form of money, property, commercial interests or economic gain, but does not include a political campaign contribution reported in accordance with ORS chapter 260.
      (2) “Public servant” includes:
      (a) A public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state;
      (b) A person serving as an advisor, consultant or assistant at the request or direction of the state, any political subdivision thereof or of any governmental instrumentality within the state;
      (c) A person nominated, elected or appointed to become a public servant, although not yet occupying the position; and
      (d) Jurors. [1971 c.743 §178]
 
162.015 Bribe giving. (1) A person commits the crime of bribe giving if the person offers, confers or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, action, decision or exercise of discretion in an official capacity.
      (2) Bribe giving is a Class B felony. [1971 c.743 §179]
 
162.020 [Repealed by 1971 c.743 §432]
 
162.025 Bribe receiving. (1) A public servant commits the crime of bribe receiving if the public servant:
      (a) Solicits any pecuniary benefit with the intent that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or
      (b) Accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
      (2) Bribe receiving is a Class B felony. [1971 c.743 §180]
 

Abuse of Public Office
162.405 Official misconduct in the second degree. (1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.
      (2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]
 
162.410 [Repealed by 1961 c.649 §9]
 
162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another:
      (a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or
      (b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.
      (2) Official misconduct in the first degree is a Class A misdemeanor. [1971 c.743 §215]
 
162.425 Misuse of confidential information. (1) A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public, the public servant acquires or aids another in acquiring a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action.
      (2) Misuse of confidential information is a Class B misdemeanor. [1971 c.743 §216]
 

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