Chapter 834 Oregon Laws 2001

AN ACT

SB 914

Relating to controlled substances; creating new provisions; amending ORS 475.245 and 475A.130 and sections 16 and 17, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642); repealing sections 15a and 15b, chapter 780, Oregon Laws 2001 (Enrolled House Bill 2429); and appropriating money.

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

SECTION 1. (1) In collaboration with local seizing agencies, the district attorney, the local public safety coordinating council and the local mental health advisory committee, a local alcoholism planning committee appointed or designated pursuant to ORS 430.342 shall develop a plan to integrate drug treatment services into the criminal justice system for offenders who commit nonviolent felony drug possession offenses. The plan may also include property offenders as provided for under ORS 475.245. The plan developed under this subsection must be incorporated into the local coordinated comprehensive plan required by ORS 417.775.

(2)(a) A plan may include, but need not be limited to, programs that occur before adjudication, after adjudication as part of a sentence of probation or as part of a conditional discharge.

(b) A plan must include, but need not be limited to:

(A) A description of local criminal justice and treatment coordination efforts;

(B) A description of the method by which local, state and federal treatment resources are prioritized and allocated to meet the needs of the drug abusing offender population;

(C) The principles that guide criminal justice strategies for supervision and treatment of drug abusing offenders and the purchase of treatment services from local community providers;

(D) The desired outcomes for criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment services and identification of a method for monitoring and reporting the outcomes; and

(E) Consistent standards for measuring the success of criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment.

(3) A program must include, but need not be limited to:

(a) Ongoing oversight of the participant;

(b) Frequent monitoring to determine whether a participant is using controlled substances unlawfully; and

(c) A coordinated strategy governing responses to a participant’s compliance or noncompliance with the program.

(4) The local alcoholism planning committee shall submit the plan to the office of Alcohol and Drug Abuse Programs and shall provide the county board of commissioners with a copy of the plan.

SECTION 2. The office of Alcohol and Drug Abuse Programs shall distribute moneys in the Drug Prevention and Education Fund established in section 4 of this 2001 Act based on a review of the plans submitted to the office under section 1 of this 2001 Act. Funding criteria include, but need not be limited to, whether the plan includes the existence or development of a drug treatment court or a drug diversion program.

SECTION 3. (1) The office of Alcohol and Drug Abuse Programs shall adopt rules necessary to carry out the provisions of sections 1 to 4 of this 2001 Act.

(2) The office may accept gifts, grants and donations from any source, public or private. Moneys accepted under this section must be deposited in the Drug Prevention and Education Fund to be used for the purposes for which the fund is established.

SECTION 4. The Drug Prevention and Education Fund is established separate and distinct from the General Fund. The Drug Prevention and Education Fund consists of moneys deposited in the fund under section 3 of this 2001 Act and section 17, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), and from the Special Crime and Forfeiture Account established in ORS 475A.130, and other moneys as may be appropriated to the fund by law. The moneys in the Drug Prevention and Education Fund are continuously appropriated to the office of Alcohol and Drug Abuse Programs for the purpose of assisting counties in paying the costs incurred by the counties in providing drug treatment services pursuant to plans submitted under section 1 of this 2001 Act.

SECTION 4a. If House Bill 2429 becomes law, section 4 of this 2001 Act is amended to read:

Sec. 4. The Drug Prevention and Education Fund is established separate and distinct from the General Fund. The Drug Prevention and Education Fund consists of moneys deposited in the fund under section 3 of this 2001 Act and section 17, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), and from the [Special Crime and] Forfeiture Account established in ORS 475A.130, and other moneys as may be appropriated to the fund by law. The moneys in the Drug Prevention and Education Fund are continuously appropriated to the office of Alcohol and Drug Abuse Programs for the purpose of assisting counties in paying the costs incurred by the counties in providing drug treatment services pursuant to plans submitted under section 1 of this 2001 Act.

SECTION 5. ORS 475A.130 is amended to read:

475A.130. (1) The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds received or retained by agencies of the state under this chapter, except as otherwise provided by ORS 475A.125. All moneys in the account are continuously appropriated and [shall] may be used for [enforcement of laws relating to the unlawful delivery, distribution, manufacture or possession of controlled substances, including but not limited to use of the proceeds for controlled substance crime prevention, drug intervention,] drug treatment services or as otherwise provided by law. [and drug education programs. Except as specifically provided by this section, forfeiture proceeds in the Special Crime and Forfeiture Account may not be used for payment of the wages of peace officers, as defined in ORS 161.015, the purchase, construction, expansion, remodeling or maintenance of buildings, or the funding of all or part of any position that was in existence before August 23, 1993, and that was previously funded out of revenues other than forfeiture proceeds. Forfeiture proceeds may be used for the following:]

[(1) Payment of that portion of the wages of personnel other than peace officers who administer the forfeiture laws.]

[(2) Payment of the wages of peace officers performing supervisory duties for interagency drug enforcement task forces created by intergovernmental agreement.]

[(3) Payment of overtime wages of peace officers arising out of drug enforcement duties.]

(2) At least once every three months, the moneys in the Special Crime and Forfeiture Account must be distributed to the Drug Prevention and Education Fund established in section 4 of this 2001 Act.

SECTION 5a. If House Bill 2429 becomes law, section 5 of this 2001 Act (amending ORS 475A.130) is repealed and ORS 475A.130, as amended by section 15, chapter 780, Oregon Laws 2001 (Enrolled House Bill 2429), is amended to read:

475A.130. (1) The Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds received or retained by agencies of the state by reason of civil forfeitures conducted under this chapter, except as otherwise provided by ORS 475A.120.

(2) At least once every three months, the moneys in the Forfeiture Account must be distributed to the Drug Prevention and Education Fund established in section 4 of this 2001 Act.

[(2)] (3) Before [expenditure] distribution of any moneys from the Forfeiture Account pursuant to subsection (2) of this section, the state must deduct from the Forfeiture Account all amounts required by ORS 475A.120 (4)(a) and (5)(b). [Moneys in the account may not be used for law enforcement purposes, and must be used for drug treatment unless another use is specifically provided by law.]

SECTION 6. ORS 475.245 is amended to read:

475.245. Whenever any person pleads guilty to or is found guilty of possession of a controlled substance under ORS 475.992 (4) or of a property offense that is motivated by a dependence on a controlled substance, the court, without entering a judgment of guilt and with the consent of the district attorney and the accused, may defer further proceedings and place the person on probation. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. [There may be only one discharge and dismissal under this section with respect to any person.]

SECTION 7. Section 16, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), is amended to read:

Sec. 16. (1) After the seizing agency distributes property under section 14, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), [of this 2001 Act] and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows:

(a) The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing, storage and servicing or maintaining the seized property under section 6, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642) [of this 2001 Act].

(b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under section 14 (4), chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642) [of this 2001 Act].

(c) After costs have been paid and distributions under paragraph (b) of this subsection have been made, the seizing agency shall distribute the rest of the property to the general fund of the political subdivision that operates the seizing agency.

(2) Of the property distributed under subsection (1)(c) of this section, the political subdivision shall distribute:

(a) Three percent to the Asset Forfeiture Oversight Account established in ORS 475A.160;

(b) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5); and

(3) Of the property distributed under subsection (1)(c) of this section that remains in the general fund of the political subdivision after the distributions required by subsection (2) of this section have been made:

(a) Fifty percent must be for official law enforcement use; and

(b) Fifty percent must be used for substance abuse treatment pursuant to a plan developed under section 1 of this 2001 Act.

(4) Except as otherwise provided by intergovernmental agreement, the seizing agency may:

(a) Sell, lease, lend or transfer the property or proceeds to any federal, state or local law enforcement agency or district attorney.

(b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.

(d) With written authorization from the district attorney for the seizing agency’s jurisdiction, destroy any firearms or controlled substances.

(5) A political subdivision may sell as much property as may be needed to make the distributions required by subsections (1) and (2) of this section. A political subdivision shall make distributions to the Asset Forfeiture Oversight Account, the Illegal Drug Cleanup Fund and the state General Fund that are required by subsection (2) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection.

(6) A seizing agency may donate growing equipment and laboratory equipment that was used, or intended for use, in manufacturing of controlled substances to a public school, community college or state institution of higher education.

(7) This section applies only to criminal forfeiture proceeds arising out of prohibited conduct.

SECTION 8. Section 17, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), is amended to read:

Sec. 17. (1) After the seizing agency distributes property under section 14, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), [of this 2001 Act] and when the seizing agency is the state or when the state is the recipient of property forfeited under sections 1 to 18, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642) [of this 2001 Act], the seizing agency shall dispose of and distribute property as follows:

(c) Of the property remaining after costs have been paid under paragraph (a) of this subsection and distributions have been made under paragraph (b) of this subsection, the seizing agency shall distribute:

(A) Three percent to the Asset Forfeiture Oversight Account established in ORS 475A.160;

(B) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5);

(D) Subject to subsection (5) of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and

(E) Forty percent to the [office of Alcohol and Drug Abuse Programs to be used for substance abuse treatment] Drug Prevention and Education Fund established in section 4 of this 2001 Act.

(2)(a) Any amount paid to or retained by the Department of Justice under subsection (1) of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury.

(b) Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account.

(3) The state may:

(a) With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances.

(b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.

(c) Retain any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state.

(d) Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity.

(4) When the state has entered into an intergovernmental agreement with one or more political subdivisions under section 15, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642) [of this 2001 Act], or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection (1)(c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement.

(5) The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows:

(a) When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection (4) of this section, the property must be deposited in the Criminal Justice Revolving Account.

(b) When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection (4) of this section, the property must be deposited in the State Police Account.

(6) The seizing agency may sell as much property as may be needed to make the distributions required by subsection (1) of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection (1) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection.

SECTION 9. ORS 475A.130, as amended by section 5 of this 2001 Act, is amended to read:

475A.130. [(1)] The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds received or retained by agencies of the state under this chapter, except as otherwise provided by ORS 475A.125. All moneys in the account are continuously appropriated and [may] shall be used for enforcement of laws relating to the unlawful delivery, distribution, manufacture or possession of controlled substances, including but not limited to use of the proceeds for controlled substance crime prevention, drug intervention, drug treatment [services or as otherwise provided by law.]

[(2) At least once every three months, the moneys in the Special Crime and Forfeiture Account must be distributed to the Drug Prevention and Education Fund established in section 4 of this 2001 Act.] and drug education programs. Except as specifically provided by this section, forfeiture proceeds in the Special Crime and Forfeiture Account may not be used for payment of the wages of peace officers, as defined in ORS 161.015, the purchase, construction, expansion, remodeling or maintenance of buildings, or the funding of all or part of any position that was in existence before August 23, 1993, and that was previously funded out of revenues other than forfeiture proceeds. Forfeiture proceeds may be used for the following:

(1) Payment of that portion of the wages of personnel other than peace officers who administer the forfeiture laws.

(2) Payment of the wages of peace officers performing supervisory duties for interagency drug enforcement task forces created by intergovernmental agreement.

(3) Payment of overtime wages of peace officers arising out of drug enforcement duties.

SECTION 9a. If House Bill 2429 becomes law, section 9 of this 2001 Act (amending ORS 475A.130) and section 15a, chapter 780, Oregon Laws 2001 (Enrolled House Bill 2429) (amending ORS 475A.130), are repealed and ORS 475A.130, as amended by section 15, chapter 780, Oregon Laws 2001 (Enrolled House Bill 2429), and section 5a of this 2001 Act, is amended to read:

475A.130. [(1) The Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds received or retained by agencies of the state by reason of civil forfeitures conducted under this chapter, except as otherwise provided by ORS 475A.120.]

[(2) At least once every three months, the moneys in the Forfeiture Account must be distributed to the Drug Prevention and Education Fund established in section 4 of this 2001 Act.]

[(3) Before distribution of any moneys from the Forfeiture Account pursuant to subsection (2) of this section, the state must deduct from the Forfeiture Account all amounts required by ORS 475A.120 (4)(a) and (5)(b).] The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds received or retained by agencies of the state under this chapter, except as otherwise provided by section 38, chapter 780, Oregon Laws 2001 (Enrolled House Bill 2429). All moneys in the account are continuously appropriated and shall be used for enforcement of laws relating to the unlawful delivery, distribution, manufacture or possession of controlled substances, including but not limited to use of the proceeds for controlled substance crime prevention, drug intervention, drug treatment and drug education programs. Except as specifically provided by this section, forfeiture proceeds in the Special Crime and Forfeiture Account may not be used for payment of the wages of peace officers, as defined in ORS 161.015, the purchase, construction, expansion, remodeling or maintenance of buildings, or the funding of all or part of any position that was in existence before August 23, 1993, and that was previously funded out of revenues other than forfeiture proceeds. Forfeiture proceeds may be used for the following:

(1) Payment of that portion of the wages of personnel other than peace officers who administer the forfeiture laws.

(2) Payment of the wages of peace officers performing supervisory duties for interagency drug enforcement task forces created by intergovernmental agreement.

(3) Payment of overtime wages of peace officers arising out of drug enforcement duties.

SECTION 9b. If House Bill 2429 becomes law, section 15b, chapter 780, Oregon Laws 2001 (Enrolled House Bill 2429), is repealed.

SECTION 10. ORS 475.245, as amended by section 6 of this 2001 Act, is amended to read:

475.245. Whenever any person pleads guilty to or is found guilty of possession of a controlled substance under ORS 475.992 (4) [or of a property offense that is motivated by a dependence on a controlled substance], the court, without entering a judgment of guilt and with the consent of the district attorney and the accused, may defer further proceedings and place the person on probation. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.

SECTION 11. (1) Sections 1 to 4 of this 2001 Act are repealed on July 31, 2005.

(2) The amendments to ORS 475.245 and 475A.130 by sections 9, 9a and 10 of this 2001 Act become operative on July 31, 2005.

SECTION 12. This 2001 Act takes effect only if House Bill 3642 becomes law.

Approved by the Governor July 27, 2001

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

Effective date January 1, 2002

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