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 1772
 
                         House Bill 2738
 
Sponsored by Representative MINNIS (at the request of Oregon
  State Sheriffs Association)
 
 
                             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 as
introduced.
 
  Deletes requirement that city or county file civil action to
recover costs incurred in safekeeping and maintaining person in
local correctional facility.
 
                        A BILL FOR AN ACT
Relating to local correctional facilities; amending ORS 169.151.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 169.151 is amended to read:
  169.151. (1) A city or, notwithstanding ORS 169.150 (1), a
county may   { - seek reimbursement from - }  { +  charge + } a
person who is or was committed to the local correctional facility
of the county or city upon conviction of a crime for any expenses
incurred by the county or city in safekeeping and maintaining the
person. The county or city may   { - seek reimbursement - }  { +
charge the person + }:
  (a)   { - At a rate of $60 per day or - }  { +  For + } its
actual daily cost of safekeeping and maintaining the person
 { - , whichever is less, - } multiplied by the total number of
days the person was confined to the local correctional facility,
including, but not limited to, any period of pretrial detention;
 { - and - }
  (b) For any other charges or expenses that the county or city
is entitled to recover under ORS 169.150 { + ; and
  (c) For fees necessary for the safety, security and operation
of the local correctional facility + }.
    { - (2) The county or city may seek reimbursement for
expenses as provided in subsection (1) of this section by filing
a civil action no later than one year after the person from whom
reimbursement is sought is released from the local correctional
facility. - }
    { - (3) When a person is found liable for expenses described
in subsection (1) of this section and an amount is determined,
the court shall, before entering a judgment against the person,
allow the person to present evidence on the issue of the person's
ability to pay. When a person presents such evidence, the court
shall determine the person's ability to pay taking into
consideration: - }
    { - (a) The financial resources of the person and the burden
that payment will impose on the person in providing basic
 
economic necessities to the person or the person's dependent
family; and - }
    { - (b) Any other monetary obligations imposed upon the
person by the court as a result of the conviction for which the
person was committed to the local correctional facility. - }
    { - (4) The court, and not a jury, shall determine the
defendant's ability to pay under subsection (3) of this
section. - }
    { - (5) Upon the conclusion of a proceeding under subsection
(3) of this section, the court may enter a judgment: - }
    { - (a) Of dismissal if the court finds that the person lacks
the ability to pay; - }
    { - (b) For less than the full amount determined if the court
finds that the person has the ability to pay a portion of the
amount; or - }
    { - (c) For the full amount determined, plus costs and
disbursements, if the court determines the person has the ability
to pay. - }
    { - (6) - }  { +  (2) + } Any   { - reimbursements - }  { +
moneys + } collected under this section must be credited to the
general fund of the county or city to be available for general
fund purposes.
   { +  (3) In order to charge a person as provided in this
section, a city or county must establish a grievance system that
allows the person to challenge the amount of the charge. A person
may not use a grievance system established under this subsection
to challenge the conviction that forms the basis for the person's
commitment to the local correctional facility. + }
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