Chapter 295 Oregon Laws 2001
AN ACT
HB 2230
Relating to children;
amending ORS 162.135, 179.405, 238.005, 238.350, 336.790, 419A.260, 420.005,
420.210, 420.215, 420.220, 420.225, 420.230, 420.235, 420.880, 421.294 and
423.010; and repealing ORS 420.120, 420.320, 657A.500, 657A.510, 657A.520 and
657A.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 420.210 is amended to read:
420.210. The [Superintendent
of the MacLaren School, with the approval of the] Director of the Oregon
Youth Authority, in cooperation with
any public agency, may establish at any place in this state one or more [temporary] work and training camps for
any youth offenders committed to the [MacLaren
School] custody of the Oregon Youth
Authority who are determined by the [superintendent]
director to be qualified and
amenable as security risks for work and training in such camps.
SECTION 2.
ORS 420.215 is amended to read:
420.215. Any camp established pursuant to ORS 420.210 [on a temporary basis] shall be
maintained and operated under the supervision of the Director of the Oregon
Youth Authority and shall be governed, as far as applicable, by the rules and
regulations concerning discipline, care and education of [the MacLaren School] the
youth authority.
SECTION 3.
ORS 420.220 is amended to read:
420.220. The [superintendent] Director of the Oregon Youth Authority
is responsible for the care and custody of all youth offenders assigned to a
camp established under ORS 420.210. [The
superintendent shall provide the same educational, training, religious,
cultural and medical facilities that are available to the youth offenders at
youth correction facilities, insofar as this is feasible and appropriate;
provided, that the compulsory school attendance laws are complied with.]
SECTION 4.
ORS 420.225 is amended to read:
420.225. The [superintendent] Director of the Oregon Youth Authority
and the persons employed by the [superintendent]
director or designated to have
direct control of the youth offenders at camp shall cooperate to the fullest
extent with any public agency assisting in the camp program in making
assignments and in supervising any work or training of youth offenders who are
physically able to perform manual labor.
SECTION 5.
ORS 420.230 is amended to read:
420.230. The [superintendent,
with the approval of the] Director of the Oregon Youth Authority[,] may enter into contracts with any
public agency cooperating or willing to cooperate in the camp program to carry
into effect the purposes of ORS 420.210 to 420.235, providing among other
things for the type of work to be performed by youth offenders at any camp, for
rate of payment and other matters relating to the maintenance and training of
the youth offenders while at a camp.
SECTION 6.
ORS 420.235 is amended to read:
420.235. [(1)]
Any youth offender who violates the rules and regulations relating to
discipline of a camp or who appears to the [superintendent] Director of the Oregon Youth Authority
to be a bad security risk may be returned to a more secure youth correction
facility on order of the [superintendent] director.
[(2) The transfer of
a youth offender to a different youth correction facility under subsection (1)
of this section must be reviewed by the Director of the Oregon Youth Authority
no later than 72 hours after the transfer.]
SECTION 7.
ORS 420.880 is amended to read:
420.880. [(1)]
Subject to the availability of funds, each youth care center that has received
approval from the Oregon Youth Authority and continues to meet the requirements
of ORS 420.855 to 420.885 and the rules of the youth authority is eligible to
receive state support in an amount to be negotiated between the youth care
center and the youth authority.
[(2) Subject to the
availability of funds, if in the opinion of the youth care center, the welfare
of the youth requires special care or the interests of the youth would be
better served outside the center, the center, with the consent of the youth
authority, may place the youth in foster care or hospital and state support for
such youth shall be allowed to the center in an amount equal to 50 percent of
the actual monthly cost for each such youth.]
SECTION 8.
ORS 162.135 is amended to read:
162.135. 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 only
as to persons detained therein charged with or convicted of a crime, or
detained therein after acquittal of a crime by reason of mental disease or
defect 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 the MacLaren School, Hillcrest School of Oregon and
any other school established by law for similar purposes, and includes the other
camps and programs maintained under ORS chapter 420 and detention facilities as
defined in ORS 419A.004.]
(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, F. H.
Dammasch State Hospital, Eastern Oregon Psychiatric Center, Eastern Oregon
Training Center, Fairview 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.
SECTION 9.
ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) The term “annuity” means payments for life derived from
contributions made by a member as provided in this chapter.
(2) The term “calendar year” means 12 calendar months
commencing on January 1 and ending on December 31 following.
(3) The term “continuous service” means service not
interrupted for more than five years, except that such continuous service shall
be computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the
employer as of January 1, 1945, and who remained in that employment until having
established membership in the Public Employees Retirement System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year of the date
of being otherwise than dishonorably discharged and remained in that employment
until having established membership in the Public Employees Retirement System.
(4) The term “creditable service” means any period of time
during which an active member is being paid a salary by a participating public
employer and contributions are being made to the system either by or on behalf
of the member. For purposes of computing years of “creditable service,” full
months and major fractions of a month shall be considered to be one-twelfth of
a year and shall be added to all full years. “Creditable service” includes all
retirement credit received by a member.
(5) The term “employee” includes, in addition to employees,
public officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not total 600 hours
in any calendar year.
(c) Persons, other than workers in the Oregon Industries
for the Blind under ORS 346.190, provided sheltered employment or made-work by
a public employer in an employment or industries program maintained for the
benefit of such persons.
(d) Persons employed and paid from federal funds received
under the Emergency Job and Unemployment Assistance Act of 1974 (Public Law
93-567) or any other federal program intended primarily to alleviate
unemployment. However, any such person shall be considered an “employee” if not
otherwise excluded by paragraphs (a) to (c) of this subsection and the public
employer elects to have the person so considered by an irrevocable written
notice to the board.
(e) Persons who are employees of a railroad, as defined in
ORS 824.020, and who, as such employees, are included in a retirement plan
under federal railroad retirement statutes. This paragraph shall be deemed to
have been in effect since the inception of the system.
(6) The term “fiscal year” means 12 calendar months
commencing on July 1 and ending on June 30 following.
(7)(a) The term “member” means a person who has established
membership in the system and whose membership has not been terminated as
described in ORS 238.095. “Member” includes active, inactive and retired
members.
(b) “Active member” means a member who is presently
employed by a participating public employer in a position that meets the
requirements of ORS 238.015 (4), and who has completed the six-month period of
service required by ORS 238.015.
(c) “Inactive member” means a member who is absent from the
service of all employers participating in the system, whose membership has not
been terminated in the manner described by ORS 238.095, and who is not retired
for service or disability. “Inactive member” includes a member who would be an
active member except that the person’s only employment with a participating public
employer is in a position that does not meet the requirements of ORS 238.015
(4).
(d) “Retired member” means a member who is retired for
service or disability.
(8) The term “pension” means annual payments for life
derived from contributions by one or more public employers.
(9) The term “public employer” means the state, one of its
agencies, any city, county, municipal or public corporation, any political
subdivision of the state or any instrumentality thereof, or an agency created
by two or more such political subdivisions to provide themselves governmental
services. For purposes of this chapter, such agency created by two or more
political subdivisions is a governmental instrumentality and a legal entity
with power to enter into contracts, hold property and sue and be sued.
(10) The term “retirement credit” means a period of time
that is treated as creditable service for the purposes of this chapter.
(11)(a) The term “salary” means the remuneration paid an
employee in cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the Public Employees
Retirement Board, of whatever living quarters, board, lodging, fuel, laundry
and other advantages the employer furnishes the employee in return for
services.
(b) “Salary” includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of participation; and
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of or a
conciliation agreement with an administration agency charged with enforcing
federal or state law protecting the employee’s rights to employment or wages,
which shall be allocated to and deemed paid in the periods in which the work
was done or in which it would have been done.
(c) “Salary” or “other advantages” does not include:
(A) Travel or any other expenses incidental to employer’s
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on
behalf of employee or employee and dependents, for which the employee has no
cash option;
(C) Payments made on account of an employee’s death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date
the employer and employee have agreed that no future services qualifying
pursuant to ORS 238.015 (3) will be performed, except for sick leave and
vacation;
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon Health
Sciences University when such services are in excess of full-time employment
subject to this chapter. A person employed under a contract for less than 12
months is subject to this subparagraph only for the months to which the
contract pertains; or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(12) The term “volunteer firefighter” means a firefighter
whose position normally requires less than 600 hours of service per year.
(13) The term “school year” means the period beginning July
1 and ending June 30 next following.
(14) The term “police officer” includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions, whose duties, as assigned by the
director, include the custody of persons committed to the custody of or
transferred to the Department of Corrections and any other employee of the
Department of Corrections who was classified as a police officer on or before
July 27, 1989, whether or not such classification was authorized by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State Police.
(c) Employees of the Oregon Liquor Control Commission who
are classified as enforcement officers by the administrator of the commission.
(d) Sheriffs and those deputy sheriffs or other employees
of a sheriff whose duties, as classified by the sheriff, are the regular duties
of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing body of the
city.
(f) Parole and probation officers employed by the
Department of Corrections and parole and probation officers who are transferred
to county employment under ORS 423.549.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of Portland.
(i) Employees of the State Department of Agriculture who
are classified as livestock police officers by the Director of Agriculture.
(j) Employees of the Department of Public Safety Standards
and Training who are classified by the department as other than secretarial or
clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who
are classified by the Director of the Oregon State Lottery as enforcement
agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and who is employed
or transferred by the Department of Corrections to fill a position designated
by the director as being eligible for police officer status.
(p) An employee of the Department of Corrections classified
as a police officer on or prior to July 27, 1989, whether or not that
classification was authorized by law, so long as the employee remains in the
position held on July 27, 1989. The initial classification of an employee under
a system implemented pursuant to ORS 240.190 will not affect police officer
status.
(q) Employees of a school district who are appointed and
duly sworn members of a law enforcement agency of the district as provided in
ORS 332.531 or otherwise employed full time as police officers commissioned by
the district.
(r) Employees at [the
MacLaren School, Hillcrest School of Oregon and other] youth correction
facilities and juvenile detention facilities under ORS 419A.050, 419A.052 and
420.005 to 420.915[,] who are
required to hold valid Oregon teaching licenses and who have supervisory,
control or teaching responsibilities over juveniles committed to the custody of
the Department of Corrections or the Oregon Youth Authority.
(s) Employees at youth correction facilities as defined in
ORS 420.005 whose primary job description involves the custody, control,
treatment, investigation or supervision of juveniles placed in such facilities.
(t) Employees of the Oregon Youth Authority who are
classified as juvenile parole and probation officers.
(15) The term “final average salary” means whichever of the
following is greater:
(a) The average salary per calendar year paid by one or
more participating public employers to an employee who is an active member of
the system in three of the calendar years of membership before the effective
date of retirement of the employee, in which three years the employee was paid
the highest salary. The three calendar years in which the employee was paid the
largest total salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of calendar years of
active membership before the effective date of retirement of the employee is
three or less, the final average salary for the employee is the average salary
per calendar year paid by one or more participating public employers to the
employee in all of those years, without regard to whether the employee was
employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the system in the
last 36 calendar months of active membership before the effective date of
retirement of the employee.
(16) The term “firefighter” does not include a volunteer
firefighter as defined in subsection (12) of this section, but does include:
(a) The State Fire Marshal, the chief deputy fire marshal
and deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland firefighter and
whose primary duties include the abatement of uncontrolled fires as described
in ORS 477.064.
(17) “Earliest service retirement age” means the age
attained by a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(18) The term “normal retirement age” means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of age if the
employee retires at that age as a police officer or firefighter or 58 years of
age if the employee retires at that age as other than a police officer or
firefighter.
(b) For a person who establishes membership in the system
on or after January 1, 1996, as described in ORS 238.430, 55 years of age if
the employee retires at that age as a police officer or firefighter or 60 years
of age if the employee retires at that age as other than a police officer or
firefighter.
SECTION 10.
ORS 238.350 is amended to read:
238.350. (1)(a) Upon the request by a public employer that
its employees be compensated for accumulated unused sick leave with pay in the
form of increased retirement benefits upon service or disability retirement,
the board shall establish a procedure for adding to the gross amount of salary
used in determining final average salary the monetary value of one-half of the
accumulated unused sick leave with pay of each retiring employee of the
requesting public employer and shall establish benefits of the retiring
employee on the basis of a final average salary reflecting that addition.
(b) For employees of a common school district, a union high
school district, an education service district or a community college, or
employees of the State Board of Higher Education engaged in teaching or other
school activity at an institution of higher education, or employees of [MacLaren School or Hillcrest School of
Oregon or] state schools for the deaf or blind engaged in teaching or other
school activity, who are employed under contract for a period of less than 12
consecutive months and who are entitled to sick leave with pay of less than 96
hours for a year, each hour of accumulated unused sick leave with pay shall be
valued on the basis of the actual number of contract hours of employment during
the last year of contributing membership of an employee before retiring and the
salary of the employee during the same period. This paragraph does not apply to
any employee who is employed under contract for 12 consecutive months in any of
the three or less years used in determining the final average salary of the
employee.
(c) For the purpose of this subsection, accumulated unused
sick leave with pay includes unused sick leave with pay accumulated by an
active member of the system while in the service of any public employer
participating in the system that has the request described in paragraph (a) of
this subsection in effect at the time of the member’s separation from the service
of the employer, whether that employer is or is not the employer of the member
at the time of the member’s retirement.
(d) The board shall establish rules requiring all public
employers participating in the system to transmit to the board reports of
unused sick leave with pay accumulated by their employees who are members of
the system and to provide timely notification to each of those employees of
unused sick leave with pay accumulated by the employee and reported to the
board.
(2) Accumulated unused sick leave with pay may be
considered for the purpose of subsection (1) of this section only in accordance
with the following requirements:
(a) Sick leave not credited at the rate actually provided
by the public employer may not be considered. The amount of sick leave
exceeding an amount credited at the lowest rate in effect for any employee of
the public employer who is normally entitled to sick leave, and in any event
exceeding an amount credited at a rate of eight hours for each full month
worked, may not be considered.
(b) Sick leave credited for periods when an employee was
absent from employment on sabbatical leave, educational leave or any leave
without pay may not be considered.
(c) Any period during which an employee was absent from
employment for illness or injury that was charged against sick leave not
qualified for consideration shall be deducted from sick leave qualified for
consideration.
(d) Sick leave for any period for which the public employer
provides no sick leave with pay for its employees may not be considered.
(e) Sick leave accumulated on and after July 1, 1973, may
be considered only to the extent it is supported by records of accumulation and
use pursuant to a plan adopted formally by the public employer.
(f) Accumulated unused sick leave for periods before July
1, 1973, may be considered as follows:
(A) If any department, bureau or other organizational unit
of a public employer maintained formal records of accumulation and use even
though the public employer did not require that those records be maintained,
the accumulated unused sick leave shall be considered according to those
records.
(B) Where the public employer provided sick leave before
July 1, 1973, but formal records of accumulation and use were not required or
if required, are unavailable or incomplete, or the sick leave was subject to
administrative limitations on total accumulation or transfer between public
employers, accumulated unused sick leave for periods before July 1, 1973, may
be considered as equal to 2.675 hours for each full month worked or an amount
per month equal to the average monthly accumulation by an employee during the
period beginning July 1, 1973, and ending at the time of retirement, whichever
amount is greater, but reduced by the amount of any accumulated unused sick
leave credited to the employee on July 1, 1973.
(g) The written certification of a member or former member
of the Legislative Assembly shall constitute a formal record of accumulation
and use in determining the amount of accumulated unused sick leave of an
employee of the Legislative Assembly, either of its houses or any of its
committees or officers for periods of employment before July 1, 1981. Sick
leave accumulated on and after July 1, 1981, by employees of the Legislative
Assembly, either of its houses or any of its committees or officers may be
considered only to the extent it is supported by records of accumulation and
use maintained by the Legislative Administration Committee, or any statutory,
standing, special or interim committee of the Legislative Assembly or either
house thereof, or any constitutional or statutory office of the Legislative
Assembly or either house thereof, pursuant to a plan adopted formally by the
committee or officer.
(3)(a) As used in this subsection, “legislative employee”
means any person employed by the Legislative Assembly, either of its houses or
any of its committees or officers, but does not include a regular employee of a
statutory committee or statutory office of the Legislative Assembly described
in ORS 173.005 (1).
(b) Upon the request of a retiring legislative employee who
is a member of the system, and the request of the public employer of the
legislative employee, that the legislative employee be compensated for
accumulated unused vacation with pay for periods of legislative employment in
the form of increased retirement benefits upon service or disability
retirement, the board shall add to the gross amount of salary used in
determining final average salary of the legislative employee the monetary value
of one-half of the accumulated unused vacation with pay of the legislative
employee and shall establish the benefits of the legislative employee on the
basis of a final average salary reflecting that addition.
(c) Accumulated unused vacation with pay may be considered
for the purposes of paragraph (b) of this subsection only in accordance with
the following requirements:
(A) Vacation not credited at the rate actually provided by
the public employer may not be considered.
(B) Amounts of vacation exceeding amounts creditable to
employees in the classified service of the state service pursuant to ORS
240.515 (1), and rules adopted pursuant thereto, in effect on June 30, 1981,
shall not be considered.
(C) Vacation accumulated before, on and after July 1, 1981,
may be considered only to the extent it is supported by records of accumulation
and use pursuant to a plan adopted formally by the public employer. However,
the written certification of a member or former member of the Legislative Assembly
shall constitute a formal record of accumulation and use in determining the
amount of accumulated unused vacation of a legislative employee for periods of
legislative employment before July 1, 1981.
(4) Employers with plans providing payments on account of
sickness in lieu of sick leave with pay may request the board to consider the
monetary value of accumulated unused payments on account of sickness as if such
payments were an equivalent amount of accumulated unused sick leave with pay
under the same terms and conditions specified in subsections (1) and (2) of
this section.
SECTION 11.
ORS 336.790 is amended to read:
336.790. As used in ORS 336.790 to 336.815, unless the
context requires otherwise:
(1) “Facility” means any facility for the deaf operated
under ORS 346.010[, the Hillcrest School
of Oregon and the MacLaren School].
(2) “Private school” means a private or parochial high
school.
(3) “Public school” means a common or union high school
district, education service district and a community college district.
SECTION 12.
ORS 419A.260, as amended by section 40, chapter 626, Oregon Laws 1999, is
amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) “Contact” means any instance in which a person’s act or
behavior, or alleged act or behavior, which could result in a juvenile court’s
assumption of jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or 419C.005
comes to the attention of an agency specified in paragraph (d) of this
subsection.
(b) “Expunction” means:
(A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
(B) Where a record is kept by the State Office for Services
to Children and Families or the Oregon Youth Authority, either the sealing of
such record by the office or the Oregon Youth Authority or, in a multiperson
file, the affixing to the front of the file, by the office or the youth
authority, a stamp or statement identifying the name of the individual, the
date of expunction and instruction that no further reference shall be made to
the material that is subject to the expunction order except upon an order of a
court of competent jurisdiction.
(c) “Person” includes a person under 18 years of age.
(d) “Record” includes a fingerprint or photograph file,
report, exhibit or other material which contains information relating to a
person’s contact with any law enforcement agency or juvenile court or juvenile
department and is kept manually, through the use of electronic data processing
equipment, or by any other means by a law enforcement or public investigative
agency, a juvenile court or juvenile department or an agency of the State of
Oregon. “Record” does not include:
[(A) A transcript of
a student’s academic record at MacLaren School or Hillcrest School of Oregon;]
(A) A transcript of
a student’s Youth Corrections Education Program academic record;
(B) Material on file with a public agency which is
necessary for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife Commission
pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal therefrom, or
to any disposition as an adult pursuant to such order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently
does not qualify for expunction or of current investigations or cases waived to
the adult court;
(I) Records and case reports of the Oregon Supreme Court
and the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a
juvenile court found a person to be within the jurisdiction of the court based
upon the person’s commission of an act which if done by an adult would
constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder
or aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree
under ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree
under ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017; or
(xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and criminally
negligent homicide;
(K) Blood samples, buccal samples and other physical
evidence and identification information obtained, stored or maintained by the
Department of State Police under authority of ORS 137.076, 181.085 or 419C.473;
or
(L) Records maintained in the Law Enforcement Data System
under ORS 181.595 and 181.596.
(e) “Termination” means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a case by
informal means, by a decision not to place the person on probation or make the
person a ward of the court after the person has been found to be within the
court’s jurisdiction, or by a discontinuance of probation or of the court’s
wardship.
(B) For a person who is the subject of a record kept by a
law enforcement or public investigative agency, a juvenile court or juvenile
department or an agency of the State of Oregon, the final disposition of the
person’s most recent contact with a law enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is within the
court’s jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or to a youth who
is within the court’s jurisdiction under ORS 419C.005, and to the child’s or
youth’s parent, of the procedures for expunction of a record, the right to
counsel under this chapter, and the legal effect of an expunction order, at the
following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a juvenile court;
and
(d) At the time of notice of execution of an expunction
order.
SECTION 13.
ORS 420.005 is amended to read:
420.005. As used in ORS 420.005 to 420.048, 420.060 to
420.320, 420.810 to 420.840 and 420.905 to 420.915, unless the context requires
otherwise:
(1) “Design capacity” means the number of youths a youth
correction facility is able to hold based on applicable safety codes and
standards.
(2) “Director” means the Director of the Oregon Youth
Authority.
(3) “Youth authority” means the Oregon Youth Authority.
[(4) “Youth
correction facility” means facilities used for the confinement of youth
offenders sentenced to the custody of the youth authority and includes the
MacLaren School, the Hillcrest School of Oregon, secure regional youth
facilities, regional accountability camps, residential academies and
satellites, camps or branches of those facilities.]
(4) “Youth
correction facility” means a facility used for the confinement of youth
offenders and other persons placed in the legal or physical custody of the
youth authority and includes secure regional youth facilities, regional
accountability camps, residential academies and satellites, camps and branches
of those facilities.
(5) “Youth offender” has the meaning given that term in ORS
419A.004.
SECTION 14.
ORS 421.294 is amended to read:
421.294. The Department of Corrections may enter into any
contracts on behalf of this state, not prohibited by any law of this state, as
it considers appropriate to implement the participation of this state in the
compact pursuant to Article III thereof. However, the department shall not
enter into any contract:
(1) Relating to commitments or transfers of children who
are under 12 years of age;
(2) Providing for commitments or transfers of inmates from
another state who are 19 years of age or older to [either the MacLaren School or the Hillcrest School of Oregon] a youth correction facility, as defined in
ORS 420.005; or
(3) Providing for commitments or transfers of youths in
this state who are under 17 years of age to an institution in another state if
any of the inmates in that institution are 21 years of age or older.
SECTION 15.
ORS 423.010 is amended to read:
423.010. As used in ORS 423.010 to 423.070, unless the
context requires otherwise:
(1) “Department” means the Department of Corrections.
(2) “Department of Corrections institutions” has the
meaning given that term in ORS 421.005.
(3) “Director” means the Director of the Department of
Corrections.
(4) “Youth correction facility” [means the Hillcrest School of Oregon, the MacLaren School and any other
facility established by law for similar purposes, and includes any camps
maintained under ORS chapter 420 for students of such facilities] has the meaning given that term in ORS
420.005.
SECTION 16.
ORS 179.405 is amended to read:
179.405. No Department of Corrections institutions, youth
correction facilities [and camps] as
defined in ORS 420.005 and institutions listed in ORS 427.010 shall employ
persons regularly as teachers who are not licensed.
SECTION 17.
ORS 420.120, 420.320, 657A.500,
657A.510, 657A.520 and 657A.530 are repealed.
Approved by the Governor
June 4, 2001
Filed in the office of
Secretary of State June 4, 2001
Effective date January 1,
2002
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