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 1597
A-Engrossed
House Bill 2404
Ordered by the House April 23
Including House Amendments dated April 23
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
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.
Creates Oregon Criminal Justice Council. Appropriates moneys
from General Fund to council.
Sunsets January 2, 2006.
Declares emergency, effective on July 1, 2001.
A BILL FOR AN ACT
Relating to criminal justice; appropriating money; and declaring
an emergency.
Whereas the Oregon Legislative Assembly enacted sentencing
guidelines in 1989; and
Whereas sentencing guidelines weighed the seriousness of a
convicted person's crime and the person's history of criminal
convictions to determine the sentence; and
Whereas the voters of Oregon enacted in 1994, through the
initiative process, mandatory minimum sentences for persons
convicted of certain specified crimes; and
Whereas the Oregon Legislative Assembly enacted in 1996 minimum
sentences for persons who repeatedly commit crimes involving
property; and
Whereas criminal justice research shows that certain offenders
are more likely to be career criminals and certain offenders
present a greater risk to the public than do other offenders; and
Whereas the Oregon criminal justice system should direct its
resources toward those offenders who present the greatest risk to
society and those offenders who are career criminals; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Criminal Justice Council is
established, consisting of 26 members, and composed as follows:
(a) The following are members by virtue of their offices:
(A) The Attorney General;
(B) The Director of the Department of Corrections;
(C) The chairperson of the State Board of Parole and
Post-Prison Supervision;
(D) The Superintendent of State Police;
(E) The Director of the Oregon Youth Authority;
(F) The Assistant Director for Mental Health and Developmental
Disability Services; and
(G) The chairperson of the Oregon Criminal Justice Commission.
(b) The Chief Justice of the Supreme Court shall appoint two
judges to the council. One appointee must be a judge of the
Supreme Court or the Court of Appeals and one must be a judge of
the circuit court. Senior judges, as provided in ORS 1.300, are
eligible for appointment.
(c) The President of the Senate shall appoint two Senators to
the council and the Speaker of the House of Representatives shall
appoint two Representatives to the council. These members serve
until the commencement of the next regular session of the
Legislative Assembly and are eligible for reappointment.
(d) The Governor shall appoint 13 members as follows:
(A) One district attorney;
(B) Two attorneys, one who spends a substantial portion of time
practicing law in criminal defense and one who spends a
substantial portion of time practicing law in juvenile-related
matters;
(C) One county sheriff;
(D) One county commissioner;
(E) Four public members who are not employed in prosecution,
criminal defense or law enforcement;
(F) One chief of police;
(G) Two representatives of victims' rights groups; and
(H) One director of a community corrections agency.
(2) The term of office of each member appointed by the Chief
Justice or the Governor is three years, but the members serve at
the pleasure of the appointing authority.
(3) If there is a vacancy for any cause in an appointed
position, the appointing authority shall make an appointment to
become effective immediately for the remainder of the unexpired
term.
(4) The members of the Oregon Criminal Justice Council shall
elect from among themselves a chairperson and a vice chairperson.
The chairperson shall preside over the meetings of the council
and the vice chairperson shall preside and exercise the functions
of the chairperson during the absence or disability of the
chairperson.
(5) Subject to the approval of the majority of the council, the
chairperson shall appoint an executive committee composed of the
chairperson, the vice chairperson and three other members of the
council to exercise the powers and responsibilities of the
council between meetings of the council. However, all action
taken by the executive committee not previously authorized must
be submitted to the council for its approval at its next meeting.
The chairperson may appoint such committees within the council as
the chairperson deems necessary.
(6) The council shall hold meetings at least once every three
months at a place, day and hour determined by the council. The
council may hold special meetings at such other times as the
chairperson may designate. If 10 or more members of the council
request in writing that the chairperson designate a time for a
special meeting, the chairperson shall designate a time as
requested.
(7) Members of the council are entitled to expenses as provided
under ORS 292.495 (2). Legislative members are entitled to per
diem allowances for legislative service under ORS 171.072.
(8) The council is subject to the provisions of ORS 291.201 to
291.222 and 291.232 to 291.260. + }
SECTION 2. { + (1) The Oregon Criminal Justice Council shall
study and make recommendations concerning Oregon's criminal
justice system to ensure that resources target those offenders
who present the greatest risk to public safety and those
offenders who are most likely to reoffend.
(2) The Oregon Criminal Justice Council may:
(a) Study and make recommendations concerning the functioning
of the various parts of the criminal justice system;
(b) Study and make recommendations concerning the coordination
of the various parts of the criminal justice system;
(c) Study and make recommendations concerning the capacity,
utilization and type of state and local prison and jail
facilities and alternatives to the facilities including the
appropriate use of existing facilities and programs and the
desirability of additional or different facilities and programs;
(d) Study and make recommendations concerning methods of
reducing risk of future criminal conduct by offenders;
(e) Accept gifts and grants and disburse them in the
performance of the council's responsibilities; and
(f) Report biennially to the Chief Justice of the Supreme
Court, the President of the Senate, the Speaker of the House of
Representatives and the Governor.
(3) As used in this section, 'criminal justice system' has the
meaning given that term in ORS 137.651. + }
SECTION 3. { + The Oregon Criminal Justice Council may conduct
joint studies by agreement with other state agencies, boards or
commissions on any matters within its jurisdiction. + }
SECTION 4. { + (1) The Oregon Criminal Justice Commission
shall provide staff support to the Oregon Criminal Justice
Council.
(2) All officers, boards, commissions and other agencies of the
State of Oregon shall cooperate with the Oregon Criminal Justice
Council to accomplish the purposes of sections 1 to 4 of this
2001 Act. + }
SECTION 5. { + There is appropriated to the Oregon Criminal
Justice Council, for the biennium beginning July 1, 2001, out of
the General Fund, the sum of $______ for the purpose of carrying
out its duties under this 2001 Act. + }
SECTION 6. { + Sections 1 to 4 of this 2001 Act are repealed
on January 2, 2006. + }
SECTION 7. { + 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. + }
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