Chapter 904 Oregon Laws 2001

AN ACT

SB 384

Relating to juveniles; creating new provisions; amending ORS 3.250, 169.090, 417.845, 419A.004, 419A.014, 419A.047, 419A.048, 419A.255, 419B.010, 419C.001, 419C.453, 420.014 and 420A.012 and sections 142 and 145, chapter 801, Oregon Laws 1997; repealing ORS 419A.044; and declaring an emergency.

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

SECTION 1. ORS 169.090 is amended to read:

169.090. (1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs' Association, the Oregon Association of Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor.

(2) The [State Commission on Children and Families] Juvenile Crime Prevention Advisory Committee and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005 (2). Guidelines shall be revised by the [commission] Juvenile Crime Prevention Advisory Committee and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the [commission] Juvenile Crime Prevention Advisory Committee may choose to publish and distribute the guidelines independently.

SECTION 2. ORS 419A.014 is amended to read:

419A.014. The juvenile department of a county shall report annually to the [State Commission on Children and Families] Oregon Criminal Justice Commission the frequency with which juveniles are held in preadjudicative detention and the duration of the detention.

SECTION 3. ORS 419A.047 is amended to read:

419A.047. (1) The state shall provide financial assistance to the counties [which apply therefor by January 1 of the fiscal year] for the implementation of local coordinated comprehensive plans from funds appropriated for that purpose for court services, as defined in ORS 3.250.

(2) [Prior to April 1 of each odd-numbered year, the State Commission on Children and Families] The Oregon Youth Authority shall determine each county's estimated percentage share of the amount to be appropriated for the purposes of this [subsection] section. Such determination shall be based upon each county's respective share of resident juveniles under the age of 18.

(3) The numbers of resident juveniles under the age of 18 for each county shall be certified to the [State Commission on Children and Families] Oregon Youth Authority by January 1 of each odd-numbered year by the Center for Population Research and Census.

SECTION 4. ORS 419A.048 is amended to read:

419A.048. Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.044 to 419A.048 shall comply with fiscal reporting procedures [as] developed and approved by the [State Commission on Children and Families] Oregon Youth Authority.

SECTION 5. ORS 419C.453 is amended to read:

419C.453. Pursuant to hearing, the juvenile court may order a youth 12 years of age or older placed in a detention facility for youths for a specific period of time not to exceed eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the [State Commission on Children and Families] Oregon Criminal Justice Commission has been filed with and approved by the commission, in which case the youth may be held in detention for a maximum of 30 days in addition to time already spent in the facility, when:

(1) The youth has been found to be within the jurisdiction of the juvenile court by reason of having committed an act which would be a crime if committed by an adult; or

(2) The youth has been placed on formal probation for an act which would be a crime if committed by an adult, and has been found to have violated a condition of that probation.

SECTION 6. ORS 420.014 is amended to read:

420.014. (1) The total population of youth offenders confined in the youth correction facilities may not exceed the design capacity of the facilities designated for close custody purposes by the Director of the Oregon Youth Authority. The total population limit shall include offenders in the youth correction facility who were waived by the juvenile court to be prosecuted as adults or who were prosecuted as adults under ORS 137.707.

(2) The director by rule shall determine reasonable standards for care and treatment of youth offenders housed in youth correction facilities. Within the total limit established under subsection (1) of this section, the Director of the Oregon Youth Authority shall establish and impose a maximum allowable population level for each youth correction facility. The maximum allowable population shall not exceed the design capacity for the facility and shall be further limited by the ability of the facility to meet the standard of care and treatment established by rule under this subsection, protect communities, hold youth offenders accountable for their behavior and improve the competency of youth offenders to become responsible and productive members of their communities.

(3) The director by rule shall establish criteria upon which the decision to place a youth in a youth correction facility must be based, and which, in turn, shall be based upon behaviors and characteristics of youths otherwise eligible for commitment to a youth correction facility.

(4) After conferring with the juvenile court judges [and the State Commission on Children and Families], the director shall develop and implement by rule, a method of controlling admissions to the youth correction facilities so as not to exceed maximum levels determined under subsections (1) and (2) of this section.

SECTION 7. ORS 420A.012 is amended to read:

420A.012. (1) [No later than January 1, 1996,] The Oregon Youth Authority, in consultation with [the State Commission on Children and Families and] the Oregon Juvenile Department Directors' Association, shall adopt one or more definitions of recidivism and establish a recidivism reporting system applicable to youth offenders. The definition must be designed to address outcomes including, but not limited to, community safety and rehabilitation.

(2) [Prior to March 1, 1996, and annually thereafter,] The juvenile department of a county annually shall submit to the Oregon Youth Authority, in the form established under subsection (1) of this section, statistical data relating to the recidivism of delinquent youths experienced by the county during the previous year.

(3) [Prior to April 1, 1996, and annually thereafter,] The Oregon Youth Authority shall publish [a] an annual comprehensive report that includes the data provided by the counties under subsection (2) of this section and similar data that measures the recidivism of youths supervised by the youth authority who are on probation or parole.

(4) The Oregon Youth Authority shall cooperate and, to the extent of available information systems resources, shall share data with the Department of Corrections to enable the department to track youth offenders who later enter the adult corrections system and to assess the effect of juvenile corrections on future criminal conduct that occurs during and after supervision by the Oregon Youth Authority and county juvenile departments. The Department of Corrections shall manage data under this subsection in a manner consistent with the confidentiality of juvenile court records and the effectiveness of orders of expunction.

SECTION 8. ORS 417.845 is amended to read:

417.845. (1) The Juvenile Crime Prevention Advisory Committee is created within the Oregon Criminal Justice Commission.

(2) The committee shall have the following members:

(a) The Director of the Oregon Youth Authority or a designee of the director;

(b) The staff director of the State Commission on Children and Families or a designee of the staff director;

(d) The Assistant Director for Alcohol and Drug Abuse Programs or a designee of the assistant director;

(e) The executive director of the Oregon Criminal Justice Commission or a designee of the executive director;

(f) The Superintendent of Public Instruction or a designee of the superintendent;

(g) The Superintendent of State Police or a designee of the superintendent;

(h) The Director of the Department of Corrections or a designee of the director;

(i) One designee of the Governor;

(j) One member appointed by the President of the Senate, who shall be a member of the Senate and who shall be a nonvoting, advisory member;

(k) One member appointed by the Speaker of the House of Representatives, who shall be a member of the House of Representatives and who shall be a nonvoting, advisory member; and

(L) One designee of the Chief Justice of the Supreme Court from the Judicial Department who serves as [an ex officio] a nonvoting member to provide information and support the partnership role of the courts in an effective comprehensive statewide approach to high-risk youth and their families.

(3) In addition to the members listed in subsection (2) of this section, the Governor shall appoint the following members who shall be representative of the geographic and cultural diversity of the state:

(a) To represent local public and private entities:

(A) A county commissioner;

(B) A local juvenile director;

(D) Two law enforcement officials;

(E) A county mental health director;

(F) An alcohol and drug abuse professional;

(G) A school superintendent;

(H) A private youth service provider; and

(I) An elected city official;

(b) A researcher;

(d) Other members as determined by the Governor.

(4) Each member of the committee appointed by the Governor under subsection (3) of this section shall serve a term of four years. Members appointed by the Governor shall serve at the pleasure of the Governor. A vacancy in the office of any member appointed by the Governor under subsection (3) of this section shall be filled by the Governor by appointment for the unexpired term.

(5) The Governor shall select one of the members of the committee as chairperson and one of its members as vice chairperson.

(6) The committee shall meet at times, places and intervals deemed advisable by a majority of the members.

(7) The Oregon Criminal Justice Commission shall provide staff support to the committee.

SECTION 9. ORS 419A.044 is repealed.

SECTION 10. ORS 3.250 is amended to read:

3.250. As used in ORS 3.250 to 3.280 [and 419A.044], unless the context requires otherwise:

(1) “Child” means a person under 18 years of age.

(2) “Court services” includes but is not limited to services and facilities relating to intake screening, juvenile detention, shelter care, investigations, study and recommendations on disposition of cases, probation on matters within the jurisdiction of the court under ORS 3.260, family counseling, conciliation in domestic relations, group homes, and psychological or psychiatric or medical consultation and services provided at the request of or under the direction of the court, whether performed by employees of the court, by other government agencies or by contract or other arrangement.

SECTION 11. ORS 419A.255 is amended to read:

419A.255. (1) The clerk of the court shall keep a record of each case, including therein the summons and other process, the petition and all other papers in the nature of pleadings, motions, orders of the court and other papers filed with the court, but excluding reports and other material relating to the child's or youth's history and prognosis. The record of the case shall be withheld from public inspection but shall be open to inspection by the child or youth, parent, guardian, court appointed special advocate, surrogate or a person allowed to intervene in a proceeding involving the child or youth under ORS 109.119 (1), and their attorneys. The attorneys are entitled to copies of the record of the case.

(2) Reports and other material relating to the child's or youth's history and prognosis are privileged and, except at the request of the child or youth, shall not be disclosed directly or indirectly to anyone other than the judge of the juvenile court, those acting under the judge's direction, service providers in the case and the attorneys of record for the child or youth or the child's or youth's parent, guardian, court appointed special advocate, surrogate or person allowed to intervene in a proceeding involving the child or youth under ORS 109.119 (1). Reports and other material relating to a youth offender's history and prognosis in cases under ORS 419C.005 may be disclosed to the superintendent of the school district in which the youth offender resides. The service providers in the case, school superintendents and attorneys are entitled to examine and obtain copies of any reports or other material relating to the child's or youth's history and prognosis. Any service provider in the case, school superintendent or attorney who examines or obtains copies of such reports or materials is responsible for preserving their confidentiality. [and] A service provider or school superintendent who obtains copies of such reports or materials shall return the copies to the court upon the conclusion of the service provider's[,] or superintendent's [or attorney's] involvement in the case.

(3) Except as otherwise provided in subsection (7) of this section, no information appearing in the record of the case or in reports or other material relating to the child's or youth's history or prognosis may be disclosed to any person not described in subsection (2) of this section without the consent of the court, except for purposes of evaluating the child's or youth's eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child or youth, whether such proceeding occurs after the child or youth has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after the guilt of the youth has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child or youth or an appeal from the juvenile court.

(4) If the court finds that the child or youth or parent is without financial means to purchase all or a necessary part of the transcript of the evidence or proceedings, the court shall order upon motion the transcript or part thereof to be furnished. The transcript or part thereof furnished under this subsection shall be paid for in the same manner as furnished transcripts are paid for in criminal cases.

(5) Notwithstanding any other provision of law, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the [child or] youth;

(b) The basis for the juvenile court's jurisdiction over the [child or] youth;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005;

(e) That portion of the juvenile court order providing for the legal disposition of the [child or] youth [where] when jurisdiction is based on ORS [419B.100 (1)(g) or] 419C.005;

(f) The names and addresses of the youth's parents or guardians; and

(g) The register described in ORS 7.020 when jurisdiction is based on ORS 419C.005.

(6) Notwithstanding any other provision of law, when a youth has been taken into custody under ORS 419C.080, the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youth's name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(7)(a) Information contained in reports and other materials relating to a child's or youth's history and prognosis that, in the professional judgment of the juvenile counselor, caseworker, school superintendent, teacher or detention worker to whom the information for the reports or other materials has been provided, indicates a clear and immediate danger to another person or to society shall be disclosed to the appropriate authority and the person or entity who is in danger from the child or youth.

(b) An agency or a person who discloses information under paragraph (a) of this subsection shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(c) Nothing in this subsection affects the provisions of ORS 146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure of information under this section does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible.

(8) A county juvenile department is the agency responsible for disclosing youth offender records and records relating to nonadjudicated youths if the records are subject to disclosure.

SECTION 12. ORS 419A.004 is amended to read:

419A.004. As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise:

(1) “CASA Volunteer Program” means a program approved or sanctioned by the juvenile court to recruit, train and supervise volunteer persons to serve as court appointed special advocates.

(2) “Child” means a person within the jurisdiction of the juvenile court as provided in ORS 419B.100.

(3) “Child care center” means a residential facility for the care and supervision of children that is licensed under the provisions of ORS 418.240.

(4) “Community service” has the meaning given that term in ORS 137.126.

(5) “Conflict of interest” means a person appointed to a local citizen review board who has a personal or pecuniary interest in a case being reviewed by that board.

(6) “Counselor” means a juvenile department counselor.

(7) “Court” means the juvenile court.

(8) “Court appointed special advocate” or “CASA” means a person appointed by the court pursuant to a CASA Volunteer Program to act as special advocate for a child pursuant to ORS 419A.170.

(9) “Court facility” has the meaning given that term in ORS 166.360.

(10) “Detention” or “detention facility” means a facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of dependent children or delinquent youth pursuant to a judicial commitment or order.

(11) “Director” means the director of a juvenile department established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063.

(12) “Guardian” means guardian of the person and not guardian of the estate.

(13) “Indian child” means any unmarried person less than 18 years of age who is:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe[; or]

[(c) Covered by the terms of an Indian Child Welfare Act agreement between Oregon and an Indian tribe].

(14) “Juvenile court” means the court having jurisdiction of juvenile matters in the several counties of this state.

(15) “Local citizen review board” means the board specified by ORS 419A.090 and 419A.092.

(16) “Office” means the State Office for Services to Children and Families.

(17) “Parent” means the biological or adoptive mother of the child and the legal or adoptive father of the child. A legal father includes:

(a) A nonimpotent, nonsterile man who was cohabiting with his wife, who is the mother of the child, at the time of conception;

(b) A man married to the mother of the child at the time of birth, where there is no decree of separation and the presumption of paternity has not been disputed;

(d) A biological father who has established or declared paternity through filiation proceedings or under ORS 416.400 to 416.470; and

(e) A biological father who has, with the mother, established paternity through a voluntary acknowledgment of paternity under ORS 109.070.

(18) “Permanent foster care” means an out-of-home placement in which there is a long-term contractual foster care agreement between the foster parents and the State Office for Services to Children and Families that is approved by the juvenile court and in which the foster parents commit to raise a foster child until the age of majority.

(19) “Planned permanent living arrangement” means an out-of-home placement other than by adoption, placement with a relative or placement with a legal guardian that is consistent with the case plan and in the best interests of the child.

(20) “Public building” has the meaning given that term in ORS 166.360.

(21) “Reasonable time” means a period of time that is reasonable given a child's emotional and developmental needs and ability to form and maintain lasting attachments.

(22) “Records” means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case.

(23) “Resides” or “residence,” when used in reference to the residence of a child or youth, means the place where the child or youth is actually living or the jurisdiction in which wardship of the child or youth has been established.

(24) “Restitution” has the meaning given that term in ORS 137.103.

(25) “Serious physical injury” means:

(a) A serious physical injury as defined in ORS 161.015; or

(b) A physical injury that:

(A) Has a permanent or protracted significant effect on a child's daily activities;

(B) Results in substantial and recurring pain; or

(26) “Shelter care” means a home or other facility suitable for the safekeeping of a child who is taken into temporary custody pending investigation and disposition where the circumstances are such that the child does not need to be kept in secure custody.

(27) “Short-term detention facility” means a facility established under ORS 419A.050 (3) for holding youths pending further placement.

(28) “Substitute care” means an out-of-home placement directly supervised by the office or other agency, including placement in a foster family home, group home or other child caring institution or facility. “Substitute care” does not include care in:

(a) A detention facility, forestry camp or youth correction facility;

(b) A family home which the court has approved as a child's permanent placement, where a private child caring agency has been appointed guardian of the child and where the child's care is entirely privately financed; or

(29) “Surrogate” means a person appointed by the court to protect the right of the child to receive procedural safeguards with respect to the provision of free appropriate public education.

(30) “Tribal court” means a court with jurisdiction over child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code of custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings.

(31) “Youth” means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city.

(32) “Youth care center” has the meaning given that term in ORS 420.855.

(33) “Youth offender” means a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed by the person when the person was at least 12 years of age and under 18 years of age.

SECTION 13. Section 14 of this 2001 Act is added to and made a part of ORS chapter 419C.

SECTION 14. If a youth is cited or summoned for a violation under ORS 471.430 or 475.992 (2)(b) or (4)(f) and fails to appear, the court may adjudicate the citation or petition and enter a disposition without a hearing.

SECTION 15. ORS 419B.010 is amended to read:

419B.010. (1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to 40.295 shall affect the duty to report imposed by this section, except that a psychiatrist, psychologist, clergyman or attorney shall not be required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295. An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client, if disclosure of the information would be detrimental to the client.

(2) Notwithstanding subsection (1) of this section, a report need not be made under this section if the public or private official acquires information relating to abuse by reason of a report made under this section, or by reason of a proceeding arising out of a report made under this section, and the public or private official reasonably believes that the information is already known by a law enforcement agency or the State Office for Services to Children and Families.

[(2)] (3) A person who violates subsection (1) of this section commits a Class A violation. Prosecution under this subsection shall be commenced at any time within 18 months after commission of the offense.

SECTION 16. ORS 419C.001 is amended to read:

419C.001. (1) The Legislative Assembly declares that in delinquency cases, the purposes of the Oregon juvenile justice system from apprehension forward are to protect the public and reduce juvenile delinquency and to provide fair and impartial procedures for the initiation, adjudication and disposition of allegations of delinquent conduct. The system is founded on the principles of personal responsibility, accountability and reformation within the context of public safety and restitution to the victims and to the community. The system shall provide a continuum of services that emphasize prevention of further criminal activity by the use of early and certain sanctions, reformation and rehabilitation programs and swift and decisive intervention in delinquent behavior. The system shall be open and accountable to the people of Oregon and their elected representatives.

(2)(a) Programs, policies and services shall be regularly and independently audited as to their effectiveness in providing public safety and preventing a youth's return to criminal behavior. The Secretary of State shall select and oversee the auditors. Audits performed under this subsection must include program audits and performance audits, as defined in ORS 297.070. Programs, policies and services that were established before, on or after June 30, 1995, are subject to audit under this subsection.

(b) The programs, policies and services of county juvenile departments shall be audited pursuant to this subsection.

(c) ORS 297.405 to 297.555 do not apply to an audit conducted pursuant to this subsection.

(3) To facilitate an audit under subsection (2) of this section:

(a) The Secretary of State may subpoena witnesses, require the production of books and papers and the rendering of reports in such manner and form as the Secretary of State requires and may do all things necessary to secure a full and thorough investigation.

(b) The custodian of information that the Secretary of State deems necessary to conduct the audit shall provide the Secretary of State or the auditor selected by the Secretary of State access to the information notwithstanding the fact that the information may be made confidential or access to the information restricted by ORS 419A.255 or another law. Information obtained by the Secretary of State or the auditor pursuant to this paragraph and made confidential by ORS 419A.255 or another law may be used by the Secretary of State, the officers and employees of the Secretary of State or the auditor solely for the purpose of performing the audit required by subsection (2) of this section and may not be used or disclosed for any other purpose.

SECTION 17. Section 145, chapter 801, Oregon Laws 1997, is amended to read:

Sec. 145. (1) There is appropriated to the Emergency Board, for the biennium beginning July 1, 1997, out of the General Fund, the sum of $835,000. The Emergency Board may allocate any or all of the funds appropriated by this section to the Oregon Youth Authority for this project in the following sequence and manner:

(a) The parties to the intergovernmental agreement described in section 142, chapter 801, Oregon Laws 1997, [of this Act] shall appear before the Emergency Board at the first meeting of the board after [the effective date of this Act] October 4, 1997. The parties shall submit a copy of the agreement between the parties to the board, and shall request start-up funds for the purpose of preparing for implementation of the demonstration project and establishing community placements and services for the youth to be paroled from state close custody.

(b) The parties to the intergovernmental agreement shall appear before the Emergency Board in January 1998 to describe the initial phase of the demonstration project, including those youth to be paroled from close custody into community placements and to request funds associated with those youth.

(c) Until such time as the demonstration project is fully implemented, the parties to the intergovernmental agreement shall appear quarterly to report as described in section 144 (6), chapter 801, Oregon Laws 1997, [of this Act] and to request funds for continued implementation of the demonstration project.

(d) Contingent upon continued implementation of the regional intergovernmental agreement and approval of the Legislative Assembly, the Oregon Youth Authority shall, during subsequent biennia, continue to include project funds in [the Central and Eastern Oregon Juvenile Justice Consortium's diversion contract] an intergovernmental agreement with Deschutes County through June 30, [2003] 2005. If the evaluation in [2003] 2002 indicates that the demonstration project has been successful, the Oregon Youth Authority and Deschutes County may agree to continue the local system for management of close custody resources beyond the demonstration period.

(2) If any of the moneys appropriated to the Emergency Board under the provisions of this section are not allocated by the Emergency Board before November 1, 1998, the unallocated moneys on that date become available for any other purpose for which the Emergency Board may lawfully allocate funds.

SECTION 18. Section 142, chapter 801, Oregon Laws 1997, is amended to read:

Sec. 142. (1) The governing body of Deschutes County may establish a demonstration project that assumes local management responsibility for certain adjudicated delinquent youth to reduce reliance on the state's close custody system. Deschutes County shall include the demonstration project as part of the regional intergovernmental agreement between the Oregon Youth Authority, Deschutes County and the Central and Eastern Oregon Juvenile Justice Consortium as part of the annual diversion plan for the region as authorized in ORS 420.017. The guiding principles of the project are to:

(a) Ensure youth and parental accountability, safety of the public and consideration of needs and interests of victims;

(b) Emphasize investments with long-term benefits for public safety, community justice and the development of healthy, responsible and educated youths;

(c) Establish incentives for the county to manage resources in an effort to reduce the likelihood that local youths will become wards of the state;

(d) Maximize community resources and involvement through greater local responsibility for a continuum of preventative and remedial services and supports; and

(e) Demonstrate an effective state and local partnership on an issue of statewide importance, that of improving outcomes for youths while reducing the long-term burden on the state's youth and adult corrections systems of the cost of crime.

(2) From within the available funding and resources authorized for this project, an independent entity, agreed upon by the parties to the agreement, shall conduct an evaluation of specific results and outcomes as described in the intergovernmental agreement. The independent entity shall conduct the evaluation process in consultation with the Oregon Youth Authority, the Central and Eastern Oregon Juvenile Justice Consortium, the Oregon Juvenile Department Directors' Association and the Association of Oregon Counties.

(3) Deschutes County shall provide interim progress reports to the Emergency Board, to the legislative committees dealing with judicial matters and, upon request, to any other interested legislative committees as part of any request for authorization for additional phases of the project.

(4) No later than [October 1, 2003] June 30, 2002, the Oregon Youth Authority, Deschutes County and the Central and Eastern Oregon Juvenile Justice Consortium shall submit a final evaluation of the project to the Legislative Assembly and to any other interested parties.

(5) The county, the Central and Eastern Oregon Juvenile Justice Consortium, or the state may discontinue participation in the demonstration project, if any of these parties determines that the risk exceeds the level of resources available. If any of the parties wants to discontinue participation, they must make written notification to the Oregon Youth Authority and to the other parties at least 90 days before terminating their participation. The parties to the agreement shall include in the agreement provisions addressing how to best continue the demonstration project in the event the consortium ceases to be a viable contracting entity.

(6) In order to exercise its option under subsection (1) of this section, Deschutes County shall develop an implementation plan for the first phase of the project for review and authorization by the Emergency Board. Deschutes County shall include in the plan a description of the services needed to divert the commitment of youth from youth correction facilities, and how these services are to be administered, if funds are authorized by the Emergency Board for the first phase of the project.

(7) The local commission on children and families shall develop the implementation plan referred to in subsection (6) of this section as part of its comprehensive plan for juvenile crime prevention and intervention in collaboration with the local public safety coordinating council. Following review and comment by the Central and Eastern Oregon Juvenile Justice Consortium and the Oregon Juvenile Department Directors' Association, the plan must be approved by the governing body of the county with a letter of concurrence from the presiding judge of the circuit court.

SECTION 19. (1) No later than June 30, 2002, the Division of Audits of the office of the Secretary of State shall audit the Deschutes County delinquent youth demonstration project authorized by sections 142 to 145, chapter 801, Oregon Laws 1997. The audit must include, but need not be limited to, audits of state, local and other funding used in the project, a program audit and a performance audit. As used in this subsection, “program audit” and “performance audit” have the meanings given those terms in ORS 297.070.

(2) ORS 419C.001 (3) applies to the audit required by subsection (1) of this section.

(3) ORS 297.405 to 297.555 do not apply to an audit required by subsection (1) of this section.

(4)(a) No later than December 1, 2002, the Secretary of State shall report the findings of the audit required by subsection (1) of this section to the appropriate interim legislative committee.

(b) When the Secretary of State reports the finding of the audit to the interim legislative committee, representatives of the Oregon Youth Authority, Deschutes County and the Central and Eastern Oregon Juvenile Justice Consortium shall appear before the committee and present comments on the findings of the audit.

SECTION 20. 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 August 3, 2001

Filed in the office of Secretary of State August 3, 2001

Effective date August 3, 2001

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