71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1496
A-Engrossed
House Bill 2230
Ordered by the House February 12
Including House Amendments dated February 12
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Legislative Audit
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Eliminates references to MacLaren School and Hillcrest School
of Oregon. Substitutes, where appropriate, references to Oregon
Youth Authority or youth correction facilities. Repeals
provisions authorizing grants for seed money for pilot child care
or latchkey programs.
A BILL FOR AN ACT
Relating to children; amending ORS 162.135, 179.405, 238.005,
238.350, 336.790, 419A.260, 420.005, 420.210, 420.215, 420.220,
420.225, 420.230, 420.235, 420.880, 421.294 and 423.010; and
repealing ORS 420.120, 420.320, 657A.500, 657A.510, 657A.520
and 657A.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 420.210 is amended to read:
420.210. The { - Superintendent of the MacLaren School, with
the approval of the - } Director of the Oregon Youth
Authority { + , + } in cooperation with any public agency, may
establish at any place in this state one or more
{ - temporary - } work and training camps for any youth
offenders committed to the { - MacLaren School - } { +
custody of the Oregon Youth Authority + } who are determined by
the { - superintendent - } { + director + } to be qualified
and amenable as security risks for work and training in such
camps.
SECTION 2. ORS 420.215 is amended to read:
420.215. Any camp established pursuant to ORS 420.210 { - on
a temporary basis - } shall be maintained and operated under the
supervision of the Director of the Oregon Youth Authority and
shall be governed, as far as applicable, by the rules and
regulations concerning discipline, care and education of
{ - the MacLaren School - } { + the youth authority + }.
SECTION 3. ORS 420.220 is amended to read:
420.220. The { - superintendent - } { + Director of the
Oregon Youth Authority + } is responsible for the care and
custody of all youth offenders assigned to a camp established
under ORS 420.210. { - The superintendent shall provide the
same educational, training, religious, cultural and medical
facilities that are available to the youth offenders at youth
correction facilities, insofar as this is feasible and
appropriate; provided, that the compulsory school attendance laws
are complied with. - }
SECTION 4. ORS 420.225 is amended to read:
420.225. The { - superintendent - } { + Director of the
Oregon Youth Authority + } and the persons employed by the
{ - superintendent - } { + director + } or designated to have
direct control of the youth offenders at camp shall cooperate to
the fullest extent with any public agency assisting in the camp
program in making assignments and in supervising any work or
training of youth offenders who are physically able to perform
manual labor.
SECTION 5. ORS 420.230 is amended to read:
420.230. The { - superintendent, with the approval of the - }
Director of the Oregon Youth Authority { - , - } may enter into
contracts with any public agency cooperating or willing to
cooperate in the camp program to carry into effect the purposes
of ORS 420.210 to 420.235, providing among other things for the
type of work to be performed by youth offenders at any camp, for
rate of payment and other matters relating to the maintenance and
training of the youth offenders while at a camp.
SECTION 6. ORS 420.235 is amended to read:
420.235. { - (1) - } Any youth offender who violates the
rules and regulations relating to discipline of a camp or who
appears to the
{ - superintendent - } { + Director of the Oregon Youth
Authority + } to be a bad security risk may be returned to a more
secure youth correction facility on order of the
{ - superintendent - } { + director + }.
{ - (2) The transfer of a youth offender to a different youth
correction facility under subsection (1) of this section must be
reviewed by the Director of the Oregon Youth Authority no later
than 72 hours after the transfer. - }
SECTION 7. ORS 420.880 is amended to read:
420.880. { - (1) - } Subject to the availability of funds,
each youth care center that has received approval from the Oregon
Youth Authority and continues to meet the requirements of ORS
420.855 to 420.885 and the rules of the youth authority is
eligible to receive state support in an amount to be negotiated
between the youth care center and the youth authority.
{ - (2) Subject to the availability of funds, if in the
opinion of the youth care center, the welfare of the youth
requires special care or the interests of the youth would be
better served outside the center, the center, with the consent of
the youth authority, may place the youth in foster care or
hospital and state support for such youth shall be allowed to the
center in an amount equal to 50 percent of the actual monthly
cost for each such youth. - }
SECTION 8. ORS 162.135 is amended to read:
162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
(1)(a) 'Contraband' means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this
subsection, currency possessed by or in the control of an inmate
confined in a correctional facility; or
(D) Any article or thing which a person confined in a
correctional facility, youth correction facility or state
hospital is prohibited by statute, rule or order from obtaining
or possessing, and whose use would endanger the safety or
security of such institution or any person therein.
(b) 'Contraband' does not include authorized currency possessed
by an inmate in a work release facility.
(2) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order and includes but is not
limited to a youth correction facility. 'Correctional facility '
applies to a state hospital only as to persons detained therein
charged with or convicted of a crime, or detained therein after
acquittal of a crime by reason of mental disease or defect under
ORS 161.290 to 161.370.
(3) 'Currency' means paper money and coins that are within the
correctional institution.
(4) 'Custody' means the imposition of actual or constructive
restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility,
youth correction facility or a state hospital.
(5) 'Escape' means the unlawful departure of a person from
custody or a correctional facility. 'Escape' includes the
unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board. 'Escape' does not include
failure to comply with provisions of a conditional release in ORS
135.245.
{ - (6) 'Youth correction facility' means the MacLaren
School, Hillcrest School of Oregon and any other school
established by law for similar purposes, and includes the other
camps and programs maintained under ORS chapter 420 and detention
facilities as defined in ORS 419A.004. - }
{ + (6) 'Youth correction facility' means:
(a) A youth correction facility as defined in ORS 420.005; and
(b) A detention facility as defined in ORS 419A.004. + }
(7) 'State hospital' means the Oregon State Hospital, F. H.
Dammasch State Hospital, Eastern Oregon Psychiatric Center,
Eastern Oregon Training Center, Fairview Training Center and any
other hospital established by law for similar purposes.
(8) 'Unauthorized departure' means the unauthorized departure
of a person confined by court order in a youth correction
facility or a state hospital that, because of the nature of the
court order, is not a correctional facility as defined in this
section, or the failure to return to custody after any form of
temporary release or transitional leave from a correctional
facility.
SECTION 9. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) The term 'annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) The term 'calendar year' means 12 calendar months
commencing on January 1 and ending on December 31 following.
(3) The term 'continuous service' means service not interrupted
for more than five years, except that such continuous service
shall be computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(4) The term 'creditable service' means any period of time
during which an active member is being paid a salary by a
participating public employer and contributions are being made to
the system either by or on behalf of the member. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. 'Creditable service '
includes all retirement credit received by a member.
(5) The term 'employee' includes, in addition to employees,
public officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(6) The term 'fiscal year' means 12 calendar months commencing
on July 1 and ending on June 30 following.
(7)(a) The term 'member' means a person who has established
membership in the system and whose membership has not been
terminated as described in ORS 238.095. 'Member' includes active,
inactive and retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a position that meets the
requirements of ORS 238.015 (4), and who has completed the
six-month period of service required by ORS 238.015.
(c) 'Inactive member' means a member who is absent from the
service of all employers participating in the system, whose
membership has not been terminated in the manner described by ORS
238.095, and who is not retired for service or disability. '
Inactive member' includes a member who would be an active member
except that the person's only employment with a participating
public employer is in a position that does not meet the
requirements of ORS 238.015 (4).
(d) 'Retired member' means a member who is retired for service
or disability.
(8) The term 'pension' means annual payments for life derived
from contributions by one or more public employers.
(9) The term 'public employer' means the state, one of its
agencies, any city, county, municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by two or more such political
subdivisions to provide themselves governmental services. For
purposes of this chapter, such agency created by two or more
political subdivisions is a governmental instrumentality and a
legal entity with power to enter into contracts, hold property
and sue and be sued.
(10) The term 'retirement credit' means a period of time that
is treated as creditable service for the purposes of this
chapter.
(11)(a) The term 'salary' means the remuneration paid an
employee in cash out of the funds of a public employer in return
for services to the employer, plus the monetary value, as
determined by the Public Employees Retirement Board, of whatever
living quarters, board, lodging, fuel, laundry and other
advantages the employer furnishes the employee in return for
services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation; and
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of
or a conciliation agreement with an administration agency charged
with enforcing federal or state law protecting the employee's
rights to employment or wages, which shall be allocated to and
deemed paid in the periods in which the work was done or in which
it would have been done.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon
Health Sciences University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains;
or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(12) The term 'volunteer firefighter' means a firefighter whose
position normally requires less than 600 hours of service per
year.
(13) The term 'school year' means the period beginning July 1
and ending June 30 next following.
(14) The term 'police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions, whose duties, as assigned
by the director, include the custody of persons committed to the
custody of or transferred to the Department of Corrections and
any other employee of the Department of Corrections who was
classified as a police officer on or before July 27, 1989,
whether or not such classification was authorized by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Parole and probation officers employed by the Department of
Corrections and parole and probation officers who are transferred
to county employment under ORS 423.549.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(i) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(j) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the director as being eligible
for police officer status.
(p) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, so long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 will not affect police officer status.
(q) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full time as police
officers commissioned by the district.
(r) Employees at { - the MacLaren School, Hillcrest School of
Oregon and other - } youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 { - , - } who are required to hold valid Oregon
teaching licenses and who have supervisory, control or teaching
responsibilities over juveniles committed to the custody of the
Department of Corrections or the Oregon Youth Authority.
(s) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(t) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
(15) The term 'final average salary' means whichever of the
following is greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or less, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(16) The term 'firefighter' does not include a volunteer
firefighter as defined in subsection (12) of this section, but
does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(17) 'Earliest service retirement age' means the age attained
by a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(18) The term 'normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
SECTION 10. ORS 238.350 is amended to read:
238.350. (1)(a) Upon the request by a public employer that its
employees be compensated for accumulated unused sick leave with
pay in the form of increased retirement benefits upon service or
disability retirement, the board shall establish a procedure for
adding to the gross amount of salary used in determining final
average salary the monetary value of one-half of the accumulated
unused sick leave with pay of each retiring employee of the
requesting public employer and shall establish benefits of the
retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a common school district, a union high
school district, an education service district or a community
college, or employees of the State Board of Higher Education
engaged in teaching or other school activity at an institution of
higher education, or employees of { - MacLaren School or
Hillcrest School of Oregon or - } state schools for the deaf or
blind engaged in teaching or other school activity, who are
employed under contract for a period of less than 12 consecutive
months and who are entitled to sick leave with pay of less than
96 hours for a year, each hour of accumulated unused sick leave
with pay shall be valued on the basis of the actual number of
contract hours of employment during the last year of contributing
membership of an employee before retiring and the salary of the
employee during the same period. This paragraph does not apply to
any employee who is employed under contract for 12 consecutive
months in any of the three or less years used in determining the
final average salary of the employee.
(c) For the purpose of this subsection, accumulated unused sick
leave with pay includes unused sick leave with pay accumulated by
an active member of the system while in the service of any public
employer participating in the system that has the request
described in paragraph (a) of this subsection in effect at the
time of the member's separation from the service of the employer,
whether that employer is or is not the employer of the member at
the time of the member's retirement.
(d) The board shall establish rules requiring all public
employers participating in the system to transmit to the board
reports of unused sick leave with pay accumulated by their
employees who are members of the system and to provide timely
notification to each of those employees of unused sick leave with
pay accumulated by the employee and reported to the board.
(2) Accumulated unused sick leave with pay may be considered
for the purpose of subsection (1) of this section only in
accordance with the following requirements:
(a) Sick leave not credited at the rate actually provided by
the public employer may not be considered. The amount of sick
leave exceeding an amount credited at the lowest rate in effect
for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a
rate of eight hours for each full month worked, may not be
considered.
(b) Sick leave credited for periods when an employee was absent
from employment on sabbatical leave, educational leave or any
leave without pay may not be considered.
(c) Any period during which an employee was absent from
employment for illness or injury that was charged against sick
leave not qualified for consideration shall be deducted from sick
leave qualified for consideration.
(d) Sick leave for any period for which the public employer
provides no sick leave with pay for its employees may not be
considered.
(e) Sick leave accumulated on and after July 1, 1973, may be
considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer.
(f) Accumulated unused sick leave for periods before July 1,
1973, may be considered as follows:
(A) If any department, bureau or other organizational unit of a
public employer maintained formal records of accumulation and use
even though the public employer did not require that those
records be maintained, the accumulated unused sick leave shall be
considered according to those records.
(B) Where the public employer provided sick leave before July
1, 1973, but formal records of accumulation and use were not
required or if required, are unavailable or incomplete, or the
sick leave was subject to administrative limitations on total
accumulation or transfer between public employers, accumulated
unused sick leave for periods before July 1, 1973, may be
considered as equal to 2.675 hours for each full month worked or
an amount per month equal to the average monthly accumulation by
an employee during the period beginning July 1, 1973, and ending
at the time of retirement, whichever amount is greater, but
reduced by the amount of any accumulated unused sick leave
credited to the employee on July 1, 1973.
(g) The written certification of a member or former member of
the Legislative Assembly shall constitute a formal record of
accumulation and use in determining the amount of accumulated
unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for
periods of employment before July 1, 1981. Sick leave accumulated
on and after July 1, 1981, by employees of the Legislative
Assembly, either of its houses or any of its committees or
officers may be considered only to the extent it is supported by
records of accumulation and use maintained by the Legislative
Administration Committee, or any statutory, standing, special or
interim committee of the Legislative Assembly or either house
thereof, or any constitutional or statutory office of the
Legislative Assembly or either house thereof, pursuant to a plan
adopted formally by the committee or officer.
(3)(a) As used in this subsection, 'legislative employee '
means any person employed by the Legislative Assembly, either of
its houses or any of its committees or officers, but does not
include a regular employee of a statutory committee or statutory
office of the Legislative Assembly described in ORS 173.005 (1).
(b) Upon the request of a retiring legislative employee who is
a member of the system, and the request of the public employer of
the legislative employee, that the legislative employee be
compensated for accumulated unused vacation with pay for periods
of legislative employment in the form of increased retirement
benefits upon service or disability retirement, the board shall
add to the gross amount of salary used in determining final
average salary of the legislative employee the monetary value of
one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the
legislative employee on the basis of a final average salary
reflecting that addition.
(c) Accumulated unused vacation with pay may be considered for
the purposes of paragraph (b) of this subsection only in
accordance with the following requirements:
(A) Vacation not credited at the rate actually provided by the
public employer may not be considered.
(B) Amounts of vacation exceeding amounts creditable to
employees in the classified service of the state service pursuant
to ORS 240.515 (1), and rules adopted pursuant thereto, in effect
on June 30, 1981, shall not be considered.
(C) Vacation accumulated before, on and after July 1, 1981, may
be considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer. However, the written certification of a member
or former member of the Legislative Assembly shall constitute a
formal record of accumulation and use in determining the amount
of accumulated unused vacation of a legislative employee for
periods of legislative employment before July 1, 1981.
(4) Employers with plans providing payments on account of
sickness in lieu of sick leave with pay may request the board to
consider the monetary value of accumulated unused payments on
account of sickness as if such payments were an equivalent amount
of accumulated unused sick leave with pay under the same terms
and conditions specified in subsections (1) and (2) of this
section.
SECTION 11. ORS 336.790 is amended to read:
336.790. As used in ORS 336.790 to 336.815, unless the context
requires otherwise:
(1) 'Facility' means any facility for the deaf operated under
ORS 346.010 { - , the Hillcrest School of Oregon and the
MacLaren School - } .
(2) 'Private school' means a private or parochial high school.
(3) 'Public school' means a common or union high school
district, education service district and a community college
district.
SECTION 12. ORS 419A.260, as amended by section 40, chapter
626, Oregon Laws 1999, is amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
(B) Where a record is kept by the State Office for Services to
Children and Families or the Oregon Youth Authority, either the
sealing of such record by the office or the Oregon Youth
Authority or, in a multiperson file, the affixing to the front of
the file, by the office or the youth authority, a stamp or
statement identifying the name of the individual, the date of
expunction and instruction that no further reference shall be
made to the material that is subject to the expunction order
except upon an order of a court of competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
{ - (A) A transcript of a student's academic record at
MacLaren School or Hillcrest School of Oregon; - }
{ + (A) A transcript of a student's Youth Corrections
Education Program academic record; + }
(B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act which if done by an
adult would constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017; or
(xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and
criminally negligent homicide;
(K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
(L) Records maintained in the Law Enforcement Data System under
ORS 181.595 and 181.596.
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter, and the legal effect of an expunction order, at the
following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
SECTION 13. ORS 420.005 is amended to read:
420.005. As used in ORS 420.005 to 420.048, 420.060 to 420.320,
420.810 to 420.840 and 420.905 to 420.915, unless the context
requires otherwise:
(1) 'Design capacity' means the number of youths a youth
correction facility is able to hold based on applicable safety
codes and standards.
(2) 'Director' means the Director of the Oregon Youth
Authority.
(3) 'Youth authority' means the Oregon Youth Authority.
{ - (4) 'Youth correction facility' means facilities used for
the confinement of youth offenders sentenced to the custody of
the youth authority and includes the MacLaren School, the
Hillcrest School of Oregon, secure regional youth facilities,
regional accountability camps, residential academies and
satellites, camps or branches of those facilities. - }
{ + (4) 'Youth correction facility' means a facility used for
the confinement of youth offenders and other persons placed in
the legal or physical custody of the youth authority and includes
secure regional youth facilities, regional accountability camps,
residential academies and satellites, camps and branches of those
facilities. + }
(5) 'Youth offender' has the meaning given that term in ORS
419A.004.
SECTION 14. ORS 421.294 is amended to read:
421.294. The Department of Corrections may enter into any
contracts on behalf of this state, not prohibited by any law of
this state, as it considers appropriate to implement the
participation of this state in the compact pursuant to Article
III thereof. However, the department shall not enter into any
contract:
(1) Relating to commitments or transfers of children who are
under 12 years of age;
(2) Providing for commitments or transfers of inmates from
another state who are 19 years of age or older to { - either
the MacLaren School or the Hillcrest School of Oregon - } { + a
youth correction facility, as defined in ORS 420.005 + }; or
(3) Providing for commitments or transfers of youths in this
state who are under 17 years of age to an institution in another
state if any of the inmates in that institution are 21 years of
age or older.
SECTION 15. ORS 423.010 is amended to read:
423.010. As used in ORS 423.010 to 423.070, unless the context
requires otherwise:
(1) 'Department' means the Department of Corrections.
(2) 'Department of Corrections institutions' has the meaning
given that term in ORS 421.005.
(3) 'Director' means the Director of the Department of
Corrections.
(4) 'Youth correction facility' { - means the Hillcrest
School of Oregon, the MacLaren School and any other facility
established by law for similar purposes, and includes any camps
maintained under ORS chapter 420 for students of such
facilities - } { + has the meaning given that term in ORS
420.005 + }.
SECTION 16. ORS 179.405 is amended to read:
179.405. No Department of Corrections institutions, youth
correction facilities { - and camps - } as defined in ORS
420.005 and institutions listed in ORS 427.010 shall employ
persons regularly as teachers who are not licensed.
SECTION 17. { + ORS 420.120, 420.320, 657A.500, 657A.510,
657A.520 and 657A.530 are repealed. + }
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