State v. Kuehner

The State may not recover unforeseen expenses related to overtime salary of police officers.

Defendant appealed a judgment from the lower court awarding the State $7,808.34 in prosecution costs. Defendant was originally indicted for kidnapping, rape, sexual abuse, and resisting arrest. He posted bail and while he was waiting for trial, he committed more crimes against a previous victim that resulted in him threatening suicide, and Defendant ultimately stabbed himself in the neck. He was admitted for emergency surgery at the hospital. Police remained on duty during Defendant’s hospital stay and State argued that the police incurred overtime salary expenses under ORS 161.665(1). The trial court awarded the costs to the State. Defendant argued that the statute did not include unforeseen costs or overtime. The Court of Appeals held that no salary expenses could be recovered under the statute, regardless of whether they were regular, unforeseen, or overtime. These were expenditures that fit within the scope of maintaining and operating the government. Reversed.