1. (1) As used in this section:

   1. (a) “Adjudicated youth” has the meaning given that term in ORS 419A.004.

   2. (b) “Correctional facility”:

      1. (A) Means any place used for the confinement of adjudicated youths, detained juveniles, persons charged with or convicted of a crime or persons otherwise confined under a court order.
      2. (B) Includes but is not limited to a youth correction facility and a juvenile detention facility.
      3. (C) 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 161.373.
   3. (c) “Inmate” means an adjudicated youth confined in a youth correction facility, a juvenile detained in a juvenile detention facility, or any person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.
   4. (d) “Juvenile detention facility” has the meaning given that term in ORS 169.005.
   5. (e) “Youth correction facility” has the meaning given that term in ORS 420.005.
2. (2) An official of a correctional facility may not use a dog to extract an inmate from a cell.

3. (3) Nothing in this section prohibits:

   1. (a) The use of a dog in a correctional facility for the purposes of tracking the location of an inmate or detecting contraband as defined in ORS 162.135.
   2. (b) The use of a dog in a correctional facility to quell a disturbance, prevent an inmate escape or address an immediate health or safety risk to inmates or staff members.
   3. (c) The use of dogs in a correctional facility as part of an inmate dog training program or for purposes relating to the rehabilitation, treatment, vocational education and skill-building of inmates.

Note: 421.107 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[2019 c.333 §1; 2021 c.489 §155]