ORS Chapter 206 - Oregon Statutes

Chapter 206 — Sheriffs

 

2009 EDITION

 

 

SHERIFFS

 

COUNTIESAND COUNTY OFFICERS

 

DUTIESOF SHERIFF

 

206.010     Generalduties of sheriff

 

206.015     Qualificationsof sheriff; certification as police officer; determination of eligibility to becandidate for election to office of sheriff

 

206.020     Keepingrecords of and disposition of fees

 

206.030     Dutyto execute process and make return; taking concealed personal property; use offorce

 

206.040     Executionof process and service of papers

 

206.050     Commandingassistance in process serving

 

206.060     Whensheriff justified in executing process

 

206.070     Excusingliability of sheriff in execution of process

 

206.080     Certificateof election or appointment to new sheriff; service on former sheriff

 

206.090     Deliveryof jail, process and prisoners to new sheriff

 

206.100     Writtenassignment of items delivered

 

206.110     Returnof process by former sheriff; completion of execution of process by successor;duty of successor as to defective or lost deeds

 

206.120     Dispositionof money in custody when office vacant

 

206.180     Locationof sheriff’s office

 

206.210     Authorityof sheriff over organization of office

 

MISCELLANEOUS

 

206.310     Serviceof papers on sheriff

 

206.315     Expensesof sheriff in conveying convicts and persons with mental illness to stateinstitutions

 

206.325     Expensesof sheriff in caring for property in custody

 

206.330     Sheriffentitled to rewards

 

206.345     Contractswith cities; authority under contract

 

UNIFORMS

 

206.355     Unauthorizeduse of uniform prohibited

 

PENALTIES

 

206.991     Penalties

 

DUTIESOF SHERIFF

 

      206.010General duties of sheriff. The sheriff is the chief executive officer andconservator of the peace of the county. In the execution of the office ofsheriff, it is the sheriff’s duty to:

      (1)Arrest and commit to prison all persons who break the peace, or attempt tobreak it, and all persons guilty of public offenses.

      (2)Defend the county against those who, by riot or otherwise, endanger the publicpeace or safety.

      (3)Execute the process and orders of the courts of justice or of judicialofficers, when delivered to the sheriff for that purpose, according to law.

      (4)Execute all warrants delivered to the sheriff for that purpose by other publicofficers, according to law.

      (5)Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court,circuit court, justice court or county court held within the county, and toobey its lawful orders or directions. [Amended by 1985 c.339 §1]

 

      206.015Qualifications of sheriff; certification as police officer; determination ofeligibility to be candidate for election to office of sheriff. (1) A person isnot eligible to be a candidate for election or appointment to the office ofsheriff unless:

      (a)The person is 21 years of age or older;

      (b)The person has at least four years’ experience as a full-time law enforcementofficer or at least two years’ experience as a full-time law enforcementofficer with at least two years’ post-high-school education; and

      (c)The person has not been convicted of a felony or of any other crime that wouldprevent the person from being certified as a police officer under ORS 181.610to 181.712.

      (2)As used in subsection (1) of this section, “two years’ post-high-schooleducation” means four semesters or six quarters of classroom education in aformal course of study undertaken after graduation from high school in anyaccredited college or university. The term does not include apprenticeship oron-the-job training.

      (3)If the person is not certified as a police officer by the Department of PublicSafety Standards and Training at the time of accepting appointment or filing asa candidate, a person elected or appointed to the office of sheriff must obtainthe certification not later than one year after taking office. A copy of thecertification shall be filed with the county clerk or the county official incharge of elections. The county governing body shall declare the office ofsheriff vacant when the person serving as sheriff is not certified as a policeofficer within one year after taking office.

      (4)The Department of Public Safety Standards and Training, in consultation withthe Board on Public Safety Standards and Training, shall establish a procedurefor determining whether an individual is eligible under subsection (1) of thissection to be a candidate for election to the office of sheriff. A copy of thedepartment’s determination of an individual’s eligibility to be a candidate forelection to the office of sheriff shall be filed with the county clerk orcounty official in charge of elections not later than the 61st day before thedate of the election. If the department determines that the individual is noteligible to be a candidate for election to the office of sheriff, the countyclerk or county official in charge of elections shall not place the name of theindividual on the ballot at the election. [1971 c.299 §1; 1981 c.808 §5; 1987c.484 §1; 1993 c.493 §87; 1997 c.853 §35]

 

      206.020Keeping records of and disposition of fees. (1) Every sheriff shall keep inthe sheriff’s office a fee book or a system of receipts which shall be a publicrecord, and in which shall be entered promptly all items of services performedand fees collected, with the name of the person for whom such services wereperformed, and the amount collected.

      (2)The sheriff shall deposit each month with the county treasurer all such sumscollected by the sheriff during the month next preceding, except the sumsreceived for the care or preservation of property, and shall take the treasurer’sduplicate receipts therefor, which receipts shall specify the kind of serviceperformed, for whom performed, and the amount received for such service.

      (3)The sheriff shall immediately file one of the receipts with the countyaccountant and, if there is no county accountant, with the county clerk. [Amendedby 1983 c.310 §1]

 

      206.030Duty to execute process and make return; taking concealed personal property;use of force.An officer to whom any process, order or paper is delivered shall execute orserve it according to its command or direction, or as required by law, and mustmake a written return of the execution or service thereof. If a sheriff isdirected by a court to take personal property into custody at a specificpremises, and the property is concealed in a building or enclosure, the sheriffshall demand its delivery. If delivery is not made, the sheriff shall use suchreasonable force as is necessary to enter into the building or enclosure andtake the property into possession. [Amended by 2003 c.304 §1]

 

      206.040Execution of process and service of papers. When any process, order or paperis delivered to an officer, to be executed or served, the officer shall deliverto the person delivering it, if required, on payment of the fee, a writtenmemorandum, specifying the names of the parties in the process, order or paper,the general nature thereof and the day on which it was received. The officershall also, when required by law, or upon the request of the party served,without fee, deliver to the party a copy thereof.

 

      206.050Commanding assistance in process serving. (1) When an officer finds, orhas reason to apprehend, that resistance will be made to the execution orservice of any process, order or paper delivered to the officer for executionor service, and authorized by law, the officer may command as many adultinhabitants of the county of the officer as the officer may think proper andnecessary to assist the officer in overcoming the resistance, and if necessary,in seizing, arresting and confining the resisters and their aiders andabettors, to be punished according to law.

      (2)National Guard members are exempt from any service commanded under subsection(1) of this section while they continue to be active members. [Amended by 1961c.454 §209; 2007 c.255 §12]

 

      206.060When sheriff justified in executing process. A sheriff is justified in theexecution of process regular on its face, and appearing to have been issued bycompetent authority, whatever may be the defect in the proceedings in which itwas issued.

 

      206.070Excusing liability of sheriff in execution of process. No direction orauthority by a party or the attorney of the party to a sheriff or the officerof the sheriff, in respect to the execution of process or the return thereof,or to any act or omission relating thereto, can be shown to discharge or excusethe sheriff from a liability for neglect or misconduct, unless it is containedin a writing signed by the party to be charged or affected thereby or theattorney of the party.

 

      206.080Certificate of election or appointment to new sheriff; service on formersheriff.When a new sheriff is elected or appointed, and has qualified, the county clerkshall give the new sheriff a certificate of that fact, under the seal of officeof the county clerk. Whenever thereafter the new sheriff is authorized bystatute to enter upon the duties of the office, the new sheriff shall servesuch certificate upon the former sheriff, from which time the powers of theformer sheriff cease, except when otherwise specially provided.

 

      206.090Delivery of jail, process and prisoners to new sheriff. Within one dayafter the service of the certificate referred to in ORS 206.080 upon the formersheriff, the former sheriff shall deliver to the successor:

      (1)The jail of the county, with its appurtenances and the property of the countytherein.

      (2)The prisoners then confined in the county jail.

      (3)The process or other papers in the custody of the former sheriff, authorizingor relating to the confinement of the prisoners, or if they have been returned,a written memorandum of them and the time and place of their return.

      (4)All process for the arrest of a party, and all papers relating to the summoningof jurors which have not been fully executed.

      (5)All executions and final process, except those which the former sheriff hasexecuted, or has begun to execute, by the collection of money or a levy onproperty.

      (6)All process or other papers for the enforcement of a provisional remedy notfully executed.

 

      206.100Written assignment of items delivered. The former sheriff shall also at thetime referred to in ORS 206.090 deliver to the new sheriff a written assignmentof the property, process, papers and prisoners delivered. The new sheriff shallthereupon acknowledge in writing, upon the assignment, the receipt of theproperty, process, papers and prisoners therein specified, furnish the formersheriff a certified copy thereof and file the original in the county clerk’soffice.

 

      206.110Return of process by former sheriff; completion of execution of process bysuccessor; duty of successor as to defective or lost deeds. (1) The formersheriff shall return all process, whether before or after judgment, which theformer sheriff has fully executed, and the new sheriff and the successor inoffice shall complete the execution of all final process which the predecessorcommenced and did not complete.

      (2)In all cases where real property is sold under execution by any sheriff, andthe sheriff fails or neglects during the term of office of the sheriff, byvirtue of the expiration thereof, or otherwise, to make or execute a propersheriff’s deed conveying the property to the purchaser, or if through mistakein its execution, or otherwise, any sheriff’s deed is inoperative, or if byreason of the loss of an unrecorded sheriff’s deed, the purchaser, the heirs orassigns or successors in interest of the purchaser desire the execution ofanother sheriff’s deed, the sheriff in office at any time after the purchaseris entitled to a deed shall execute such conveyance. When executed to cure orreplace a defective or lost deed such conveyance shall be to the grantee in thedefective or lost deed, but shall relate back and be deemed to take effect asof the date of the execution of the defective or lost deed so as to inure tothe benefit of the heirs and assigns, or other successors in interest, of thegrantee named therein. Such conveyance so executed by the sheriff in officeshall have the same force and effect as if executed by the sheriff who made thesale. [Amended by 2003 c.576 §395]

 

      206.120Disposition of money in custody when office vacant. When theofficial term of office of any sheriff ends by expiration of the term, death,resignation, removal from office or otherwise, the money in the custody of thesheriff by virtue of the office of the sheriff, belonging to the county orlitigants, shall be turned over immediately to the successor in office, andduplicate itemized receipts therefor immediately shall be filed with the countytreasurer.

 

      206.130 [Renumbered206.310]

 

      206.140 [Renumbered206.320]

 

      206.150 [Renumbered206.330]

 

      206.160 [Renumbered206.340]

 

      206.170 [Repealed by1963 c.331 §13]

 

      206.180Location of sheriff’s office. The sheriff of each county shall keepan office in such room or building, at the place appointed by law for holdingcourts therein, as the county court may by order designate.

 

      206.190 [Renumbered206.350]

 

      206.210Authority of sheriff over organization of office. Notwithstandingthe provisions of ORS 241.016 to 241.990 or any other county civil service lawor regulation, the sheriff may organize the work of the office of the sheriffso that:

      (1)The various duties required of the office may be assigned to appropriatedepartments and divisions to be performed by persons experienced and qualifiedfor such respective kinds of work.

      (2)The duties of the various assistants, officers and deputies of the sheriff arecoordinated so that, when not engaged in a particular duty specified ordirected to be done and not then requiring attention, such persons shallperform the other duties required of the office and then required to be done.

      (3)The cooperation among assistants, officers, deputies and employees in thedepartments and divisions may be secured for the purposes of avoidingduplication of time and effort. [1963 c.331 §2]

 

      206.220 [1963 c.331 §3;repealed by 1981 c.48 §8]

 

      206.230 [1963 c.331 §§4,6;repealed by 1981 c.48 §8]

 

      206.240 [1963 c.331 §5;repealed by 1981 c.48 §8]

 

      206.250 [1963 c.331 §7;repealed by 1981 c.48 §8]

 

      206.300 [1971 c.453 §1;repealed by 1975 c.780 §16]

 

MISCELLANEOUS

 

      206.310Service of papers on sheriff. Personal service of a paper upon thesheriff may be made by delivering it to a person belonging to and in the officeduring office hours, or if no such person is there, by leaving it in theoffice, or if the office is not open, by delivering it to the county clerk orthe deputy of the county clerk, at the county clerk’s office. [Formerly206.130]

 

      206.315Expenses of sheriff in conveying convicts and persons with mental illness tostate institutions.(1) A sheriff is entitled to receive from the county the actual and necessaryexpenses of the sheriff incurred in transporting and conveying convicts andparole violators to a Department of Corrections institution and persons withmental illness to a state mental hospital when conveyed by the sheriff inpursuance of the adjudication of an authorized tribunal of the state, to beaudited and allowed as other claims against the county.

      (2)All counties are entitled to receive reimbursement from the state in theamounts specified in subsection (3) of this section for the actual andnecessary expenses incurred by the sheriff under subsection (1) of thissection.

      (3)Reimbursement by the state under subsection (2) of this section shall be asfollows:

      (a)Full reimbursement for transporting and conveying persons with mental illnessto a state mental hospital.

      (b)Full reimbursement for returning a parole violator to the state penitentiary.

      (c)Seventy-five percent reimbursement for transporting and conveying a convict toa Department of Corrections institution. [Formerly 204.421; 1987 c.320 §146;2007 c.70 §55]

 

      206.320 [Formerly206.140; repealed by 2007 c.218 §6]

 

      206.325Expenses of sheriff in caring for property in custody. A sheriff isentitled to claim from the plaintiff or moving party in any account, action orproceeding such reasonable sums of money as the sheriff may have been compelledto pay or incur in the care of property in the custody of the sheriff, underattachment, execution or proceedings for the claim and delivery of personalproperty. [Formerly 204.425]

 

      206.330Sheriff entitled to rewards. The sheriff is entitled to demand andreceive to the sheriff’s own use any reward offered in pursuance of law for theapprehension of any person charged with or suspected of crime, when the sheriffhas earned the same by a compliance with such offer. [Formerly 206.150]

 

      206.340 [Formerly206.160; repealed by 1981 c.808 §6]

 

      206.345Contracts with cities; authority under contract. (1) A sheriffshall have authority to enter into contracts, jointly with the governing bodyof the county, on behalf of the county, as provided in ORS 190.010.

      (2)During the existence of the contract, the sheriff and the deputies of thesheriff shall exercise such authority as may be vested in them by terms of thecontract, including full power and authority to arrest for violations of allduly enacted ordinances of the contracting city. [1967 c.236 §1]

 

      206.350 [Formerly206.190; repealed by 1979 c.492 §1]

 

UNIFORMS

 

      206.355Unauthorized use of uniform prohibited. No person other than a county sheriff,person designated by a county sheriff, or regularly salaried sheriff’s deputyshall wear, use, copy or imitate in any manner the uniform of that countysheriff. [1979 c.492 §2]

 

      206.360 [1967 c.258 §§1,2,3,4;repealed by 1979 c.492 §1]

 

PENALTIES

 

      206.990 [Repealed by1979 c.492 §1]

 

      206.991Penalties.Violation of ORS 206.355 is a Class A misdemeanor. [1979 c.492 §3]

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