Chapter 829 Oregon Laws 2001

AN ACT

HB 2877

Relating to the Criminal Fine and Assessment Public Safety Fund; creating new provisions; amending ORS 108.662, 135.280, 137.300, 147.227, 147.391, 305.830, 418.746 and 802.155 and section 36, chapter 1084, Oregon Laws 1999, and section 3, chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357); repealing ORS 137.303, 137.304 and 137.305 and sections 4, 5, 6 and 7, chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357); appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 137.300 is amended to read:

137.300. (1) The Criminal Fine and Assessment Account is established in the General Fund of the State Treasury. All moneys in the account are appropriated continuously to be distributed by the Department of Revenue as provided in [ORS 137.303] subsection (2) of this section. The department shall keep a record of moneys transferred into and out of the account. The department shall report monthly to the Attorney General the amount of moneys received from the state courts in each county and from each city court.

(2) For biennia beginning on and after July 1, 2003, the department shall distribute moneys in the account to the General Fund to be used for general governmental expenses and to the Criminal Fine and Assessment Public Safety Fund established in section 2 of this 2001 Act according to allocations made by the Legislative Assembly and as necessary under section 2 (5) of this 2001 Act.

(3) The department shall establish by rule a process for distributing available moneys in the Criminal Fine and Assessment Account.

SECTION 1a. If House Bill 3357 becomes law, section 4, chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357) (amending ORS 137.300), is repealed and ORS 137.300, as amended by section 1 of this 2001 Act, is amended to read:

137.300. (1) The Criminal Fine and Assessment Account is established in the General Fund of the State Treasury. All moneys in the account are appropriated continuously to be distributed by the Department of Revenue as provided in subsection (2) of this section. The Department of Revenue shall keep a record of moneys transferred into and out of the account. The Department of Revenue shall report monthly to the Attorney General the amount of moneys received from the state courts in each county and from each city court.

(2) For biennia beginning on and after July 1, 2003, the Department of Revenue shall distribute moneys in the account to the General Fund to be used for general governmental expenses and to the Criminal Fine and Assessment Public Safety Fund established in section 2 of this 2001 Act according to allocations made by the Legislative Assembly and as necessary under section 2 (5) of this 2001 Act.

(3) The Department of Revenue shall establish by rule a process for distributing available moneys in the Criminal Fine and Assessment Account.

(4) The Department of Justice shall report monthly to the Department of Revenue the amount of moneys ordered to be applied to child support under ORS 135.280.

SECTION 1b. Notwithstanding ORS 137.300, for the biennium beginning on July 1, 2001, the Department of Revenue shall distribute:

(1) 70.35 percent of the moneys in the Criminal Fine and Assessment Account to the General Fund to be used for general governmental expenses; and

(2) 29.65 percent of the moneys in the account to the Criminal Fine and Assessment Public Safety Fund established in section 2 of this 2001 Act.

SECTION 2. (1) The Criminal Fine and Assessment Public Safety Fund is established separate and distinct from the General Fund. The Criminal Fine and Assessment Public Safety Fund consists of moneys deposited in the fund pursuant to ORS 137.300 (2). All moneys in the fund are continuously appropriated to the Department of Revenue to be distributed according to allocations made by the Legislative Assembly and as necessary under subsection (5) of this section.

(2) The Legislative Assembly shall allocate moneys in the fund according to the following priority:

(a) Public safety standards, training and facilities;

(b) Criminal injuries compensation and assistance to victims of crime and children reasonably suspected of being victims of crime; and

(c) The Emergency Medical Services Enhancement Account established under ORS 442.625.

(3) Moneys in the fund may not be allocated for any purpose other than those listed in subsection (2) of this section.

(4) In making allocations under subsection (2) of this section, the Legislative Assembly shall first allocate sufficient moneys to pay debt service obligations authorized by prior sessions of the Legislative Assembly, or by Emergency Board action, to be paid by moneys in the Criminal Fine and Assessment Public Safety Fund.

(5) If there are insufficient moneys in the fund to enable the department to distribute the full amount of the allocations made pursuant to subsection (2) of this section, the department shall distribute moneys to pay the debt service obligations described in subsection (4) of this section before making any other distributions.

(6) Notwithstanding ORS 293.190, moneys in the fund that are in excess of the distributions required by this section do not revert to the General Fund but remain in the Criminal Fine and Assessment Public Safety Fund and are available for future allocation under subsection (2) of this section.

(7) The department shall establish by rule a process for distributing available moneys in the Criminal Fine and Assessment Public Safety Fund.

SECTION 3. ORS 108.662 is amended to read:

108.662. Grants awarded through funding from the Criminal Fine and Assessment [Account] Public Safety Fund for domestic violence programs shall be used to support direct services, with no more than five percent of each grant to be spent for administration.

SECTION 4. ORS 147.227 is amended to read:

147.227. (1) The Attorney General or the Attorney General’s designee shall disburse up to one-half of the moneys [described under subsection (4) of this section] that the Criminal Injuries Compensation Account receives from the Criminal Fine and Assessment [Account] Public Safety Fund to counties and cities where prosecuting attorneys maintain comprehensive victims’ assistance programs approved by the Attorney General or the Attorney General’s designee. Those counties and cities shall provide the moneys to the prosecuting attorney therein to be used exclusively for the comprehensive victims’ assistance program. Pursuant to consultation with a three member advisory committee, which the Attorney General shall establish administratively, and which shall consist of a representative from the Attorney General’s Office, the Oregon District Attorney’s Association and a prosecutor’s victim assistance program, the Attorney General shall adopt rules for equitable distribution of these moneys among participating counties and cities.

(2) To qualify for approval under this section, a comprehensive victims’ assistance program shall not restrict services only to victims or witnesses of a particular type of crime, but shall provide services to victims and witnesses generally. The program must also, in the determination of the Attorney General or the Attorney General’s designee, substantially accomplish the following:

(a) Provide comprehensive services to victims and witnesses of all types of crime with particular emphasis on serious crimes against persons and property, including, but not limited to:

(A) Informing victims and witnesses of their case status and progress;

(B) Performing advocate duties for victims within the criminal justice system;

(C) Assisting victims in recovering property damaged or stolen and in obtaining restitution or compensation for medical and other expenses incurred as a result of the criminal act;

(D) Preparing victims for pending court hearings by informing them of procedures involved;

(E) Accompanying victims to court hearings;

(F) Involving victims, when possible, in the decision-making process in the criminal justice system;

(G) Assisting victims in obtaining the return of property held as evidence;

(H) Assisting victims with personal logistical problems related to court appearances; and

(I) Developing community resources to assist victims of crime;

(b) Be administered by the district attorney of the county or city attorney of the city;

(c) Assist victims of crimes in the preparation and presentation of claims against the Criminal Injuries Compensation Account; and

(d) Generally encourage and facilitate testimony by victims of and witnesses to criminal conduct.

(3) If a proposed victims’ assistance program, although not substantially comprising all elements described in subsection (2) of this section, nevertheless comprises a significant portion thereof and if, in the determination of the Attorney General or the Attorney General’s designee thereof, it would not be practicable at the current time for the district attorney or city attorney to establish a more comprehensive program, the Attorney General or the Attorney General’s designee thereof may qualify the program under this section on a temporary basis and subject to such conditions as the Attorney General or the designee shall impose upon the program.

[(4) For purposes of subsection (1) of this section, the moneys that the Criminal Injuries Compensation Account receives from the Criminal Fine and Assessment Account and that are subject to disbursement to counties and cities under subsection (1) of this section include only those moneys other than the moneys dedicated under ORS 147.391.]

SECTION 5. ORS 147.391 is amended to read:

147.391. [(1) Except as provided in subsection (2) of this section, of the moneys received by the Criminal Injuries Compensation Account under ORS 137.303, an amount equal to .9989 percent of all moneys distributed from the Criminal Fine and Assessment Account to any recipients under ORS 137.303 shall be used to provide services to children eligible for compensation under ORS 147.390.]

[(2) The administrator of the Criminal Injuries Compensation Account may deduct from the moneys dedicated in subsection (1) of this section the cost of administering subsection (1) of this section. The administrative cost deducted shall not exceed five percent of the moneys dedicated under subsection (1) of this section.]

[(3)] Notwithstanding ORS 147.390, when the moneys provided from the Criminal Injuries Compensation Account for the purposes of ORS 147.390[, as described in subsections (1) and (2) of this section,] are expended for any cumulative time period within any biennium, the Criminal Injuries Compensation Account shall have no further obligations under ORS 147.390 for that time period. However, if the Criminal Injuries Compensation Account has unexpended moneys provided for at the end of any biennium, the balance shall be transferred to the account created by ORS 418.796.

SECTION 6. ORS 305.830 is amended to read:

305.830. (1) Amounts transferred to the Department of Revenue by justice and municipal courts under ORS 137.295 shall be deposited in a suspense account established under ORS 293.445 for the purpose of receiving criminal fines and assessments.

(2) In carrying out its duties under this section, the Department of Revenue shall have access to the records and dockets of those courts charged with the duty to transfer moneys to the department under ORS 137.295.

(3) The Department of Revenue may retain from the funds transferred under ORS 137.295 an amount not to exceed two percent annually for its actual costs of collection and disbursement of funds under this section, including the cost of all examinations, investigations and searches, and of all traveling and other expenses in connection therewith. The department shall deposit the net amount of moneys in the suspense account described in subsection (1) of this section into the Criminal Fine and Assessment Account for distribution as provided in ORS [137.303 and 137.305] 137.300 and section 2 of this 2001 Act.

(4) All judicial, municipal and county officers shall cooperate with the Department of Revenue with respect to the collections, searches and investigations and shall furnish the Department of Revenue with any information contained in any of the records under their respective custodies relating thereto.

(5) The Department of State Police shall cooperate in the investigation of fines, penalties and forfeitures.

SECTION 7. Section 36, chapter 1084, Oregon Laws 1999, is amended to read:

Sec. 36. (1)(a) The Children’s Trust Endowment Fund is abolished. On [the operative date of this section] October 31, 1999, the moneys in the fund shall be deposited into a separate subaccount of the account established by the Board of Trustees of the Children’s Trust Fund pursuant to [section 10 of this 1999 Act] ORS 182.470. All moneys credited, appropriated or payable to the Children’s Trust Endowment Fund on or after [the operative date of this section] October 31, 1999, shall instead be credited, appropriated or payable to the subaccount required under this subsection.

(b) The subaccount shall consist of [moneys transferred to the subaccount under ORS 137.303,] charitable donations to the subaccount and any moneys returned or repaid to the subaccount under grant contracts or under rules or policies adopted by the holder of the subaccount.

(c) Notwithstanding [section 10 (3) of this 1999 Act] ORS 182.470 (3), all interest received from moneys credited to the subaccount shall accrue to and become part of the subaccount.

(d) Notwithstanding [section 10 (1) of this 1999 Act] ORS 182.470 (1), the holder of the subaccount may expend moneys in the subaccount only for reasonable expenses. All other moneys in the subaccount shall be accumulated until the principal in the subaccount reaches $5 million. Thereafter, 80 percent of the income generated by the subaccount investments may be expended as provided in ORS 418.187 to 418.197.

(e) The holder of the subaccount may establish other subaccounts for the payment of project costs, reserves, administration and operation expenses or any other purpose necessary to carry out ORS 418.187 to 418.197.

(2)(a) The Children’s Trust Fund is abolished. On [the operative date of this section] October 31, 1999, the moneys in the fund shall be deposited into a separate subaccount of the account established by the Board of Trustees of the Children’s Trust Fund pursuant to [section 10 of this 1999 Act] ORS 182.470. All moneys credited, appropriated or payable to the Children’s Trust Fund on or after [the operative date of this section] October 31, 1999, shall instead be credited, appropriated or payable to the subaccount required under this subsection.

(b) Interest earned by the subaccount shall be credited to the subaccount. The primary purpose of this subaccount is to support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect, to support research programs related to the prevention of child abuse and neglect, to develop and strengthen community child abuse and neglect prevention networks and to develop family resource programs. Notwithstanding [section 10 (1) of this 1999 Act] ORS 182.470 (1), the subaccount shall be expended by the holder of the subaccount only for the purposes described in this paragraph or for the payment of administrative costs.

(c) The holder of the subaccount may solicit and accept moneys in the form of gifts, contributions and grants to be deposited into the subaccount. The acceptance of federal grants for purposes of ORS 418.187 to 418.197 and 432.090 does not commit state funds nor place an obligation upon the Legislative Assembly to continue the purposes for which the federal funds are made available.

SECTION 8. ORS 418.746 is amended to read:

418.746. (1) The Child Abuse Multidisciplinary Intervention Account is established separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the account. All moneys deposited in the account are continuously appropriated to the State Office for Services to Children and Families for the purposes of ORS 418.751 and this section.

(2) [By January 1, 1995, and by January 1 of each year thereafter,] The State Office for Services to Children and Families, with the advice of the Advisory Council on Child Abuse Assessment, created by ORS 418.784, and the advisory council on child abuse created pursuant to the requirements of the Children’s Justice Act (Public Law 99-401, Title I), shall disburse moneys from the Child Abuse Multidisciplinary Intervention Account to eligible county multidisciplinary child abuse teams formed under ORS 418.747 and public and private agencies serving the counties from which the moneys were collected. The moneys shall be allocated by the same or similar formula used by the Attorney General for equitable distribution of the fund for victim’s assistance programs under ORS 147.227 (1). Moneys allocated under this subsection may not be used as replacement revenues for currently available funds previously allocated by the county for child abuse intervention.

(3) The State Office for Services to Children and Families shall determine eligibility of the applicants and:

(a) Allocate funds if the program is deemed eligible;

(b) Conditionally allocate funds, with appropriate conditions, when necessary to establish eligibility; or

(4) In making the eligibility determination, the State Office for Services to Children and Families shall consider the following nonexclusive list of factors:

(a) Whether the program substantially furthers the goals and purposes of ORS 418.747, 418.790 and 418.792;

(b) Whether the county multidisciplinary child abuse team has properly allocated other available funds;

(d) The extent to which the county’s coordinated child abuse multidisciplinary intervention plan provides for comprehensive services to the victims of child abuse; [and]

(e) Whether the funds are being used as replacement revenues as prohibited by subsection (2) of this section[.]; and

(f) Whether there is a child abuse intervention, assessment or advocacy center in existence or planned in the county and whether the funds are given priority to support such center-based programs if needed.

(5)(a) Each year, the county multidisciplinary child abuse team shall submit to the State Office for Services to Children and Families a coordinated child abuse multidisciplinary intervention plan. The plan must:

(A) Describe all sources of funding, other than moneys that may be distributed from the Child Abuse Multidisciplinary Intervention Account, and including in-kind contributions that are available for the intervention plan;

(B) Describe how the plan provides for comprehensive services to the victims of child abuse, including assessment, advocacy and treatment; and

(b) When submitting the intervention plan, the county multidisciplinary child abuse team shall also submit:

(A) Those applications for funding received from public and private agencies under subsection (6) of this section that the team determines best meet the needs of the county’s intervention plan and a recommendation that the applications for funding be granted; and

(B) If the team is seeking funding from the Child Abuse Multidisciplinary Intervention Account, an application setting forth such information as is required by rule of the State Office for Services to Children and Families.

(6) A public or private agency wishing to apply for funding from the Child Abuse Multidisciplinary Intervention Account shall submit an application to the county multidisciplinary child abuse team for the county in which the public or private agency proposes to provide services. The application shall:

(a) Describe the program offered by the agency and the anticipated outcomes in terms of benefits to children and families; and

(b) Indicate how the program furthers the goals and purposes of ORS 418.747, 418.790 and 418.792.

(7)(a) An agency that is awarded money under this section shall submit an annual report to the county multidisciplinary child abuse team and to the State Office for Services to Children and Families. A county multidisciplinary child abuse team that is awarded money under this section shall submit an annual report to the State Office for Services to Children and Families.

(b) The reports must document how the money was utilized and describe to what extent the program was able to meet anticipated outcomes in terms of benefits to children and families.

(c) A county multidisciplinary child abuse team receiving a report from an agency under this section shall use the report in making future recommendations regarding allocation of moneys.

(d) The State Office for Services to Children and Families shall use reports received under this section to make future eligibility and allocation decisions and to evaluate programs funded under this section.

(8) Two or more county multidisciplinary child abuse teams may join together to develop joint child abuse multidisciplinary intervention plans. The joint plans shall be submitted as provided in subsection (5) of this section.

(9) The administrative costs of this program may not exceed five percent of the revenues deposited in the Child Abuse Multidisciplinary Intervention Account annually.

(10) The State Office for Services to Children and Families may adopt rules necessary to carry out the provisions of ORS 418.751 and this section including, but not limited to, the following:

(a) Notices and time limits for applications;

(b) Method of review and the role of advisory bodies; and

[(11) Notwithstanding subsection (2) of this section, of the moneys received by the Child Abuse Multidisciplinary Intervention Account under ORS 137.303, an amount equal to .9989 percent of all moneys distributed from the Criminal Fine and Assessment Account to any recipients under ORS 137.303 shall be transferred to the account created under ORS 418.796 and expended to create a statewide system of regional assessment centers as provided under ORS 418.780 to 418.796.]

SECTION 9. ORS 802.155 is amended to read:

802.155. (1) There is created the Safety Education Fund, separate and distinct from the General Fund. Moneys shall be paid into the fund as provided in ORS [137.303 and] 802.110. Interest earned by the fund shall be credited to the fund.

(2) The moneys deposited in the Safety Education Fund under ORS 802.110 are continuously appropriated to the office of the Director of the Department of Transportation. The director may enter into a contract with Oregon State University under which moneys in the fund will be transferred to the university for the Oregon Student Safety on the Move program.

(3) [The] Moneys deposited in the Safety Education Fund [under ORS 137.303] from the Criminal Fine and Assessment Public Safety Fund are continuously appropriated to the office of the manager of the Transportation Safety section of the Department of Transportation to be used for safety education programs:

(a) That provide injury prevention education on traffic safety issues for each age group in the kindergarten through college ages;

(b) That have been recipients of funds under 23 U.S.C. 402 for at least three years;

(c) That are found by the Transportation Safety section to be effective, as measured by the three-year reporting cycle funded under 23 U.S.C. 402; and

(d) That operate statewide.

SECTION 10. ORS 137.303, 137.304 and 137.305 are repealed.

SECTION 10a. If House Bill 3357 becomes law, sections 5 (amending ORS 137.303), 6 (amending ORS 137.304) and 7 (amending ORS 137.305), chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357), are repealed.

SECTION 10b. If House Bill 3357 becomes law, ORS 135.280, as amended by section 2, chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357), is amended to read:

135.280. (1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release.

(2) A warrant issued under subsection (1) of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants.

(3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter a money judgment as provided by ORS 137.180 for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security amount that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 is available for a reasonable period of time for disposition under subsection (4) of this section.

(4) After entry of a money judgment for the state, the court, upon a motion filed under ORS 25.715, may order that a portion of the security amount be applied to any unsatisfied child support judgment owed by the defendant and to provide security for child support payments in accordance with ORS 25.230. The portion of the security amount that may be applied to the child support judgment:

(a) Is limited to the amount deposited under ORS 135.265;

(b) May not exceed the percentage of the amount designated for distribution to the General Fund [under ORS 137.303 (2)(d)] had the deposit been transferred to the Criminal Fine and Assessment Account as provided in subsection (5) of this section; and

(5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be docketed in the criminal action as a money judgment in the circuit court judgment docket. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine and Assessment Account created under ORS 137.300, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to base fine amounts deposited upon appearance under ORS 153.061.

(6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section.

(7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions.

SECTION 10c. If House Bill 3357 becomes law, section 3, chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357), is amended to read:

Sec. 3. The amendments to ORS 135.280 by section 2 [of this 2001 Act], chapter 705, Oregon Laws 2001 (Enrolled House Bill 3357), and section 10b of this 2001 Act apply only to money judgments entered on or after [the effective date of this 2001 Act] January 1, 2002.

SECTION 11. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor July 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date July 27, 2001

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