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 86
 
                           A-Engrossed
 
                         Senate Bill 81
                  Ordered by the Senate May 24
            Including Senate Amendments dated May 24
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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.
 
    { - Allows certain persons charged with domestic violence
misdemeanors to enter into domestic violence deferred sentencing
agreements. Allows court to order certain persons convicted of
assault in third or fourth degree to enter batterers'
intervention program. - }
    { - Creates batterers' intervention programs for persons
entered into domestic violence deferred sentencing agreements or
convicted of assault in third or fourth degree. - }  Requires
Attorney General to appoint advisory committee and consult with
committee to establish standards for batterers' intervention
programs.
  { - Requires that Department of Corrections adopt rules for
supervision of persons in domestic violence deferred sentencing
agreements or batterers' intervention programs. - }
    { - Increases criminal classification of assault in fourth
degree from Class A misdemeanor to Class C felony in certain
cases if person who committed assault is participating in or has
previously completed domestic violence deferred sentencing
agreement. - }
   { +  Authorizes county to substitute supervision of offenders
on probation with supervision of offenders who are participating
in domestic violence deferred sentencing agreements without loss
of funding. + }
 
                        A BILL FOR AN ACT
Relating to domestic violence.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Attorney General shall appoint an advisory
committee composed at least of representatives from local
supervisory authorities, batterers' intervention programs and
domestic violence victims' advocacy groups. The Attorney General,
in consultation with the advisory committee, shall adopt rules
that establish standards for batterers' intervention programs.
The rules adopted must include, but are not limited to:
  (1) Standards for contacts between the defendant and the
victim;
  (2) Standards for the dissemination of otherwise confidential
medical, mental health and treatment records;
  (3) Standards that protect to the greatest extent practicable
the confidentiality of defendants who are participating in
domestic violence deferred sentencing agreements;
  (4) A requirement that the designated batterers' intervention
program must report to the defendant's local supervisory
authority any criminal assaults, threats to harm the victim or
any substantial violation of the program's rules by the
defendant; and
  (5) Standards for batterers' intervention programs that are
most likely to end domestic violence and increase victims'
safety. + }
  SECTION 2.  { + (1) A local supervisory authority, in
consultation with a local domestic violence coordinating council
recognized by this state or a county, may periodically review
batterers' intervention programs located within the jurisdiction
of the local supervisory authority for compliance with rules
promulgated under section 1 of this 2001 Act.
  (2) If a review is completed under subsection (1) of this
section, a copy of the review shall be sent by the local
supervisory authority to the presiding judge and the district
attorney for the county in which the local supervisory authority
operates. + }
  SECTION 3.  { + A county may substitute supervision of
offenders under ORS 423.478 (2)(b) with supervision of offenders
who are participating in domestic violence deferred sentencing
agreements without a reduction in baseline funding under ORS
423.483 or financial grants under ORS 423.530. + }
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