71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2092
 
LC 378/HB 2092-A9
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2092
 
                    By COMMITTEE ON JUDICIARY
 
                             June 18
 
  On page 1 of the printed A-engrossed bill, line 2, after '
crime' delete the rest of the line and insert '; amending ORS
137.540.'.
  Delete lines 4 through 28 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 137.540 is amended to read:
  ' 137.540. (1) The court may sentence the defendant to
probation, which shall be subject to the following general
conditions unless specifically deleted by the court. The
probationer shall:
  ' (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
  ' (b) Not use or possess controlled substances except pursuant
to a medical prescription.
  ' (c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
  ' (d) Participate in a substance abuse evaluation as directed
by the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
  ' (e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
  ' (f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
  ' (g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
  ' (h) Permit the probation officer to visit the probationer or
the probationer's   { - residence or work site, and report as
required and abide by the direction of the supervising
officer. - }  { + work site or residence and to conduct a
walk-through of the common areas and of the rooms in the
residence occupied by or under the control of the
probationer. + }
  ' (i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
  ' (j) Obey all laws, municipal, county, state and federal.
  ' (k) Promptly and truthfully answer all reasonable inquiries
by the Department of Corrections or a county community
corrections agency.
  ' (L) Not possess weapons, firearms or dangerous animals.
  ' (m) If under supervision for, or previously convicted of, a
sex offense under ORS 163.305 to 163.467, and if recommended by
the supervising officer, successfully complete a sex offender
treatment program approved by the supervising officer and submit
to polygraph examinations at the direction of the supervising
officer.
  ' (n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
  '  { +  (o) Report as required and abide by the direction of
the supervising officer. + }
  '  { - (o) - }   { + (p)  + }If required to report as a sex
offender under ORS 181.596, report with the Department of State
Police, a chief of police, a county sheriff or the supervising
agency:
  ' (A) When supervision begins;
  ' (B) Within 10 days of a change in residence; and
  ' (C) Once each year within 10 days of the probationer's date
of birth.
  ' (2) In addition to the general conditions, the court may
impose any special conditions of probation that are reasonably
related to the crime of conviction or the needs of the defendant
for the protection of the public or reformation of the offender,
or both, including, but not limited to, that the probationer
shall:
  ' (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
  ' (b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
  ' (c) For crimes committed on or after December 5, 1996, sell
any assets of the probationer as specifically ordered by the
court in order to pay restitution.
  ' (3) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
  ' (4) The court may at any time modify the conditions of
probation.
  ' (5) A court may not order revocation of probation as a result
of the probationer's failure to pay restitution unless the court
determines from the totality of the circumstances that the
purposes of the probation are not being served.
  ' (6) It shall not be a cause for revocation of probation that
the probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress. As used in
this subsection, 'labor dispute' has the meaning for that term
provided in ORS 662.010.
  '  { +  SECTION 2. + } ORS 137.540, as amended by section 34,
chapter 626, Oregon Laws 1999, is amended to read:
  ' 137.540. (1) The court may sentence the defendant to
probation, which shall be subject to the following general
conditions unless specifically deleted by the court. The
probationer shall:
  ' (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
  ' (b) Not use or possess controlled substances except pursuant
to a medical prescription.
  ' (c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
  ' (d) Participate in a substance abuse evaluation as directed
by the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
  ' (e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
  ' (f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
  ' (g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
  ' (h) Permit the probation officer to visit the probationer or
the probationer's   { - residence or work site, and report as
required and abide by the direction of the supervising
officer. - }  { + work site or residence and to conduct a
walk-through of the common areas and rooms in the residence
occupied by or under the control of the probationer. + }
  ' (i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
  ' (j) Obey all laws, municipal, county, state and federal.
  ' (k) Promptly and truthfully answer all reasonable inquiries
by the Department of Corrections or a county community
corrections agency.
  ' (L) Not possess weapons, firearms or dangerous animals.
  ' (m) If under supervision for, or previously convicted of, a
sex offense under ORS 163.305 to 163.467, and if recommended by
the supervising officer, successfully complete a sex offender
treatment program approved by the supervising officer and submit
to polygraph examinations at the direction of the supervising
officer.
  ' (n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
  '  { +  (o) Report as required and abide by the direction of
the supervising officer. + }
  ' (2) In addition to the general conditions, the court may
impose any special conditions of probation that are reasonably
related to the crime of conviction or the needs of the defendant
for the protection of the public or reformation of the offender,
or both, including, but not limited to, that the probationer
shall:
  ' (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
  ' (b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
  ' (c) For crimes committed on or after December 5, 1996, sell
any assets of the probationer as specifically ordered by the
court in order to pay restitution.
  ' (3) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
  ' (4) The court may at any time modify the conditions of
probation.
  ' (5) A court may not order revocation of probation as a result
of the probationer's failure to pay restitution unless the court
determines from the totality of the circumstances that the
purposes of the probation are not being served.
  ' (6) It shall not be a cause for revocation of probation that
the probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress. As used in
this subsection, 'labor dispute' has the meaning for that term
provided in ORS 662.010.'.
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