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 109
Senate Bill 82
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 as
introduced.
Provides for state financial support of community-based
supervision, sanctions and services for offenders convicted of
menacing or assault misdemeanors.
A BILL FOR AN ACT
Relating to community corrections; amending ORS 423.478 and
423.483.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 423.478 is amended to read:
423.478. (1) The Department of Corrections shall:
(a) Operate prisons for offenders sentenced to terms of
incarceration for more than 12 months;
(b) Provide central information and data services sufficient
to:
(A) Allow tracking of offenders; and
(B) Permit analysis of correlations between sanctions,
supervision, services and programs, and future criminal conduct;
{ - and - }
(c) Provide interstate compact administration and jail
inspections { + ; and
(d) Assume financial responsibility for community-based
supervision, sanctions and services for offenders convicted of
misdemeanors under ORS 163.160 or 163.190 + }.
(2) Subject to ORS 423.483, the county, in partnership with the
department, shall assume responsibility for community-based
supervision, sanctions and services for offenders convicted of
felonies who are:
(a) On parole;
(b) On probation;
(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration;
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for violation of a condition of parole,
probation or post-prison supervision; and
(f) On conditional release under ORS 420A.206.
(3) Notwithstanding the fact that the court has sentenced a
person to a term of incarceration, when an offender is committed
to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the
sentence by imposing sanctions other than incarceration if deemed
appropriate by the supervisory authority. If the supervisory
authority releases a person from custody under this subsection
and the person is required to report as a sex offender under ORS
181.595, the supervisory authority, as a condition of release,
shall order the person to report to the Department of State
Police, a chief of police or a county sheriff or to the
supervising agency, if any:
(a) When the person is released; and
(b) Within 10 days of a change of residence.
SECTION 2. ORS 423.478, as amended by section 44, chapter 626,
Oregon Laws 1999, is amended to read:
423.478. (1) The Department of Corrections shall:
(a) Operate prisons for offenders sentenced to terms of
incarceration for more than 12 months;
(b) Provide central information and data services sufficient
to:
(A) Allow tracking of offenders; and
(B) Permit analysis of correlations between sanctions,
supervision, services and programs, and future criminal conduct;
{ - and - }
(c) Provide interstate compact administration and jail
inspections { + ; and
(d) Assume financial responsibility for community-based
supervision, sanctions and services for offenders convicted of
misdemeanors under ORS 163.160 or 163.190 + }.
(2) Subject to ORS 423.483, the county, in partnership with the
department, shall assume responsibility for community-based
supervision, sanctions and services for offenders convicted of
felonies who are:
(a) On parole;
(b) On probation;
(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration;
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for violation of a condition of parole,
probation or post-prison supervision; and
(f) On conditional release under ORS 420A.206.
(3) Notwithstanding the fact that the court has sentenced a
person to a term of incarceration, when an offender is committed
to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the
sentence by imposing sanctions other than incarceration if deemed
appropriate by the supervisory authority.
SECTION 3. ORS 423.483 is amended to read:
423.483. (1) The baseline funding for biennia beginning after
June 30, 1999, is the current service level for the expenses of
providing management, support services, supervision and sanctions
for offenders described in ORS 423.478 (2). At a minimum, each
biennium's appropriation must be established at this baseline.
(2) If the total state community corrections appropriation is
less than the baseline calculated under subsection (1) of this
section, a county may discontinue participation by written
notification to the director 180 days prior to implementation of
the change. If a county discontinues participation, the
responsibility for correctional services transferred to the
county, and the portion of funding made available to the county
under ORS 423.530 reverts to the Department of Corrections.
{ + Except as provided in ORS 423.478, + } in no case does
responsibility for supervision and provision of correctional
services to misdemeanor offenders revert to the department.
(3) As used in this section, 'current service level' means the
calculated cost of continuing current legislatively funded
programs, phased in programs and increased caseloads minus
one-time costs, decreased caseloads, phased out programs and
pilot programs with the remainder adjusted for inflation as
determined by the Legislative Assembly in its biennial
appropriation to the Department of Corrections.
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