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 616
 
                           B-Engrossed
 
                         House Bill 2942
                  Ordered by the Senate June 15
 Including House Amendments dated April 17 and Senate Amendments
                          dated June 15
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Modifies procedure for determining counties' shares of
Grant-in-Aid Program moneys. { +  Creates Community Corrections
Funding Advisory Committee. Specifies duties of committee.
Requires Director of Department of Corrections to convene task
force to study and make recommendations concerning structure for
future governance of community corrections. Requires Department
of Corrections, together with counties, to review actual
community corrections experience and practices and identify
practices that achieve specified effects. Requires department to
share information about effective practices with counties.
  Requires various reports to Legislative Assembly and Emergency
Board. + }
 
                        A BILL FOR AN ACT
Relating to community corrections; creating new provisions; and
  amending ORS 423.530.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 423.530 is amended to read:
  423.530. (1) Financial grants for community corrections
pursuant to ORS 423.500 to 423.560 consist of the Grant-in-Aid
Program. The Grant-in-Aid Program consists of moneys appropriated
to the Department of Corrections for the purposes of management,
support services and supervision of offenders described in ORS
423.478 (2) { +  and the programs described in ORS 423.520 + }.
The department shall determine, prior to July 1 of each
odd-numbered year, each county's   { - percentage - }  share of
the amount appropriated for the purposes of this subsection.
 { + The department shall base the determination on a formula,
adopted by the department by rule, that is fair, equitable,
quantifiable and verifiable and not affected by variations in
local corrections practices. In establishing the formula, the
department shall consider the recommendations of the Community
Corrections Funding Advisory Committee established in subsection
(3) of this section. If the Director of the Department of
Corrections disagrees with the recommendations of the advisory
committee, the allocation formula previously adopted by rule by
the department remains in effect until the end of the next
regular session of the Legislative Assembly. + }   { - Such
determination shall be based upon a weighted formula of workload
and population as adopted by the department by rule. In adopting
the rule, the department shall consult with a broad based
committee including, but not limited to, representatives of the
Department of Corrections, local county community corrections,
county boards of commissioners and county sheriffs. - }
  (2) Funding received by a county pursuant to ORS 423.500 to
423.560 approved for county corrections programs shall not be
reduced by the department except by action of the Legislative
Assembly or the Emergency Board.   { - Such reductions shall be
made proportionately using the applicable allocation formula. - }
 
   { +  (3) The Community Corrections Funding Advisory Committee
is created. The advisory committee consists of 11 members
appointed by the Director of the Department of Corrections as
follows:
  (a) Five members, including community corrections directors,
from a list of recommendations submitted to the director by the
Association of Oregon Counties;
  (b) Five members from a list of recommendations submitted to
the director by the Oregon State Sheriffs' Association; and
  (c) One member from the department.
  (4) In preparing the lists of recommendations to be submitted
to the director for purposes of subsection (3) of this section,
the director of the Association of Oregon Counties and the
president of the Oregon State Sheriffs' Association shall select
members who reflect and represent the broad geographic, urban and
rural and demographic characteristics of Oregon's counties.
  (5) The advisory committee shall:
  (a) Develop and recommend to the department an allocation
formula to distribute community corrections funds, including
local control population funds, among counties.
  (b) Monitor the accuracy of the community corrections
population forecast and cost factors in the allocation formula.
  (c) Monitor actual community corrections experience and
practices on a county-by-county basis and identify those
practices relating to use of custodial and alternative
community-based sanctions that achieve the outcomes, including
but not limited to protection of the public and reduced
recidivism, envisioned through ORS 423.475, 423.478, 423.483 and
423.500 to 423.560.
  (d) Review the department's calculation of current service
level amounts.
  (e) Notify the department, the Oregon Department of
Administrative Services and the Legislative Fiscal Officer as to
whether the advisory committee agrees that the allocation formula
proposed to be established by the director and the calculation of
current service level meet the requirements of ORS 423.483.
  (f) Monitor and recommend improvements in the partnership
between the state and counties, including policies, structures,
processes and outcomes.
  (6) When calculating current service level amounts, the
department shall meet with the advisory committee at least twice.
The purpose of the first meeting is to review the methodology and
assumptions being used to create the current service level. The
second meeting must be held after the release of the April Oregon
corrections population forecast in even-numbered years. The
purpose of the second meeting is to review the actual current
service level calculation. + }
  SECTION 2.  { + The Director of the Department of Corrections
shall convene a broad-based task force consisting of
representatives of the county boards of commissioners, county
sheriffs, county community corrections directors and other
interested partners that the director deems appropriate. The task
force shall review and make findings and recommendations
concerning structures for the future governance of community
corrections in this state. The task force shall submit a report
setting forth its findings and recommendations to the
Seventy-second Legislative Assembly. + }
  SECTION 3.  { + As part of the Department of Corrections'
ongoing efforts to evaluate and monitor the effectiveness of
community corrections programs as required by ORS 423.525 (7) and
423.555, the department, in partnership with counties, shall:
  (1) Review actual community corrections experience and
practices on a county-by-county basis and identify those
practices relating to use of custodial and alternative
community-based sanctions that achieve the outcomes, including
but not limited to protection of the public and reduced
recidivism, envisioned through ORS 423.475, 423.478, 423.483 and
423.500 to 423.560. When the practices are identified, the
department shall provide the information to all counties and
shall facilitate, when possible, training or technical assistance
that counties may require to implement the practices.
  (2) Review the allocation formula developed under ORS 423.530
and identify possible incentives that could be provided to those
counties that exceed the established performance measure targets.
  (3) Provide a report to the Emergency Board on progress made in
completing the activities required by this section, including the
results of the county-by-county review, no later than September
30, 2002. + }
  SECTION 4.  { + The Department of Corrections, in conjunction
with the Community Corrections Funding Advisory Committee, shall
provide two reports to the Emergency Board on progress made in
completing the activities required by ORS 423.530. The department
shall submit the first report no later than September 30, 2002,
and the second report no later than September 30, 2004. + }
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