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 1400
A-Engrossed
House Bill 2885
Ordered by the House April 12
Including House Amendments dated April 12
Sponsored by Representatives KAFOURY, LEE; Representative
ROSENBAUM, Senators BROWN, CASTILLO (at the request of Oregon
Coalition Against Domestic and Sexual Violence, Oregon Alliance
to End Violence Against Women)
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 Domestic and Sexual Violence Services Program.
Appropriates moneys from General Fund for program.
Directs program to develop plan for administration of funds
appropriated.
Creates advisory council to advise program.
Establishes Oregon Domestic and Sexual Violence Services
Program Fund.
Directs program to present plan to appropriate legislative
interim committee.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon Domestic and Sexual Violence Services
Program; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 to 8 of this 2001 Act:
(1) 'Domestic violence' has the meaning given that term in ORS
135.230; and
(2) 'Sexual assault' means any unwanted sexual contact as
defined in ORS 163.305. + }
SECTION 2. { + The Oregon Domestic and Sexual Violence
Services Program is created in the Department of Justice. The
goals of the program are to:
(1) Provide safety for and assist victims of domestic violence
and sexual assault, promote effective intervention and reduce the
incidence of domestic violence and sexual assault;
(2) Administer the moneys in the Oregon Domestic and Sexual
Violence Services Program Fund;
(3) Act as an advocate for victims and for domestic violence
and sexual assault services;
(4) Promote and facilitate interagency and interdepartmental
cooperation among state agencies, including the Department of
Human Services and the Department of State Police, and among
different levels of government in this state in the delivery and
funding of services;
(5) Pursue centralized training, technical assistance and
policy development and implementation; and
(6) Conduct statewide community outreach and public
education. + }
SECTION 3. { + (1) The Attorney General shall create the
position of administrator of the Oregon Domestic and Sexual
Violence Services Program to carry out the duties of the program.
The administrator shall have the authority to hire staff
necessary to carry out the duties of the program.
(2) In accordance with ORS 183.310 to 183.550, the Attorney
General shall adopt rules necessary to carry out the provisions
of sections 2 and 4 to 9 of this 2001 Act. + }
SECTION 4. { + (1) Prior to January 1, 2002, the Oregon
Domestic and Sexual Violence Services Program shall develop a
plan for the allocation of funds that are appropriated under
section 9 of this 2001 Act in collaboration with:
(a) The Department of Human Services;
(b) The Department of State Police;
(c) The Oregon Coalition Against Domestic and Sexual Violence;
(d) The Governor's Council on Domestic Violence;
(e) The Attorney General's Sexual Assault Task Force;
(f) Victims of domestic and sexual violence;
(g) County representatives;
(h) Representatives of local domestic violence councils;
(i) Representatives of domestic violence victim services
providers or advocacy organizations; and
(j) Other interested organizations.
(2) The plan developed under subsection (1) of this section
shall:
(a) Set the criteria, procedures and timelines for allocation
of funds;
(b) Set the reporting requirements and outcomes that will be
required from programs that receive funding;
(c) Set guidelines for the planning, coordination and delivery
of services by programs that receive funding;
(d) Develop innovative projects based on proven practices of
effectiveness that address sexual and domestic violence;
(e) Ensure that all domestic violence and sexual assault
services are integrated and evaluated according to their
outcomes;
(f) Compile, analyze and distribute materials that inform and
support statewide coordinated planning;
(g) Communicate information and policy advice on current
research and proven practices of effectiveness, from both inside
and outside the state, including successful local strategies;
(h) Establish a uniform system of reporting and collecting
statistical data from programs that receive funding; and
(i) Provide a process whereby the Oregon Domestic and Sexual
Violence Services Program reviews all findings from data
collected from programs that receive funding. The information
gathered in this review shall be considered by the Oregon
Domestic and Sexual Violence Services Program in developing
future economic resources and services and in the coordination of
services.
(3) No less than 15 percent of the moneys distributed under the
plan may be spent on sexual assault services.
(4) No more than four percent of the moneys distributed under
the plan may be spent on administrative costs of the Oregon
Domestic and Sexual Violence Services Program. + }
SECTION 5. { + The Oregon Domestic and Sexual Violence
Services Program, in developing the plan under section 4 of this
2001 Act, shall consider ways to:
(1) Balance funding for intervention, infrastructure and
prevention services;
(2) Prioritize services;
(3) Utilize local community plans reflecting local program
service needs;
(4) Establish programs and services for victims of both
domestic violence and sexual assault; and
(5) Establish programs that are culturally specific. + }
SECTION 6. { + (1) There is created an advisory council that
shall consist of at least 15, but not more than 20, members. The
council shall advise the Oregon Domestic and Sexual Violence
Services Program on the administration of the policies, programs
and practices of the program. Members shall be appointed by and
serve at the pleasure of the Attorney General. Membership in the
council shall:
(a) Accurately reflect the diversity of the population in
Oregon as well as the diversity of individuals needing services;
(b) Be composed of both lay and professionally trained
individuals;
(c) Include representatives of other state agencies providing
services;
(d) Include representatives of professional, civil or other
public or private organizations;
(e) Include private citizens interested in service programs;
and
(f) Include recipients of assistance or services or their
representatives.
(2) Members of the advisory council shall receive no
compensation for their services. Members of the advisory council
other than members employed in full-time public service shall be
reimbursed by the Department of Justice for their actual and
necessary expenses incurred in the performance of their duties.
The reimbursement shall be subject to the provisions of ORS
292.210 to 292.288. Members of the council who are employed in
full-time public service may be reimbursed by their employing
agencies for their actual and necessary expenses incurred in the
performance of their duties. + }
SECTION 7. { + There is established in the State Treasury,
separate and distinct from the General Fund, the Oregon Domestic
and Sexual Violence Services Program Fund. All moneys in the
Oregon Domestic and Sexual Violence Services Program Fund are
continuously appropriated to the Department of Justice to be
expended for programs for the intervention and prevention of
domestic and sexual violence and for the administration of the
programs, including the Oregon Domestic and Sexual Violence
Services Program. + }
SECTION 8. { + The Oregon Sexual and Domestic Violence
Services Program shall present the plan that is developed under
section 4 of this 2001 Act to the appropriate legislative interim
committee with jurisdiction over issues of sexual and domestic
violence. + }
SECTION 9. { + There is appropriated to the Department of
Justice, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $___ for the purpose of carrying out
sections 2 to 8 of this 2001 Act. + }
SECTION 10. { + 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 on
its passage. + }
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