71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 145
 
LC 1768/SB 145-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 145
 
                    By COMMITTEE ON JUDICIARY
 
                            April 20
 
  On page 1 of the printed bill, line 18, after 'services '
insert 'executive'.
  On page 2, line 14, before 'members' insert 'voting'.
  In line 19, after 'with' insert 'the Oregon Constitution, the
United States Constitution and'.
  In line 21, after 'services' insert 'executive'.
  Delete line 22 and insert 'sion.'.
  After line 28, insert:
  ' (e) Adopt a compensation plan for the office of public
defense services that is commensurate with other state
agencies.'.
  In line 29, delete '(e)' and insert '(f)'.
  In line 31, after 'expense' insert a semicolon and delete the
rest of the line and lines 32 through 34.
  In line 35, after 'counsel' insert a semicolon and delete the
rest of the line and lines 36 through 38.
  In line 41, after 'disputes' insert a semicolon and delete the
rest of the line and lines 42 through 44.
  On page 3, after line 10, insert:
  ' (2) Rules adopted by the commission supersede any conflicting
rules, policies or procedures of the State Court Administrator,
circuit courts, the Court of Appeals, the Supreme Court and the
Psychiatric Security Review Board.'.
  In line 11, delete '(2)' and insert '(3)'.
  Delete lines 16 through 45 and insert:
  ' (4) The commission may not:
  ' (a) Make any decision regarding the handling of any
individual case;
  ' (b) Have access to any case file; or
  ' (c) Interfere with the director or any member of the staff of
the director in carrying out professional duties involving the
legal representation of public defense clients.
  '  { +  SECTION 4. + } (1) The public defense services
executive director shall:
  ' (a) Recommend to the Public Defense Services Commission how
to establish and maintain, in a cost-effective manner, the
delivery of legal services to persons entitled to, and
financially eligible for, appointed counsel at state expense
under Oregon statutes, the Oregon Constitution, the United States
Constitution and consistent with Oregon and national standards of
justice.
  ' (b) Implement and ensure compliance with contracts, policies,
procedures, rules and standards adopted by the commission or
required by statute.
  ' (c) Prepare and submit to the commission for its approval the
biennial budgets of the commission and the office of public
defense services.
  ' (d) Negotiate contracts, as appropriate, for providing legal
services to persons financially eligible for appointed counsel at
state expense. No contract so negotiated is binding or
enforceable until the contract has been reviewed and approved by
the commission as provided in section 3 of this 2001 Act.
  ' (e) Employ personnel or contract for services as necessary to
carry out the responsibilities of the director and the office of
public defense services.
  ' (f) Supervise the personnel, operation and activities of the
office of public defense services.
  ' (g) Provide services, facilities and materials necessary for
the performance of the duties, functions and powers of the Public
Defense Services Commission.
  ' (h) Pay the expenses of the commission and the office of
public defense services.
  ' (i) Prepare and submit to the commission and the Legislative
Assembly an annual report of the activities of the office of
public defense services.
  ' (j) Provide for legal representation, advice and consultation
for the commission, its members, the director and staff of the
office of public defense services who require such services or
who are named as defendants in lawsuits arising from their
duties, functions and responsibilities. If requested by the
director, the Attorney General may also provide for legal
representation, advice and consultation for the commission, its
members, the director and staff of the office of public defense
services in litigation.'.
  On page 4, delete lines 1 and 2.
  In line 3, delete the colon.
  In line 4, delete '(a)'.
  Delete lines 7 through 9.
  In line 23, after 'services' insert 'executive'.
  On page 6, line 35, after 'authority' insert 'and associated
costs'.
  On page 10, line 2, after 'services' insert 'executive'.
  In line 5, after 'services' insert 'executive'.
  In line 34, after 'services' insert 'executive'.
  In line 39, after 'services' insert 'executive'.
  On page 11, line 27, after 'services' insert 'executive'.
  In line 28, after 'services' insert 'executive'.
  In line 30, after 'services' insert 'executive'.
  In line 32, after 'services' insert 'executive'.
  On page 12, line 5, after 'services' insert 'executive'.
  In line 22, after 'services' insert 'executive'.
  On page 13, line 10, after 'services' insert 'executive'.
  In line 19, after 'services' insert 'executive'.
  In line 20, after 'services' insert 'executive'.
  In line 21, after 'services' insert 'executive'.
  In line 27, after 'services' insert 'executive'.
  In line 43, after 'services' insert 'executive'.
  In line 44, after 'services' insert 'executive'.
  On page 15, line 18, after 'services' insert 'executive'.
  In line 20, after 'services' insert 'executive'.
  On page 16, line 15, after 'services' insert 'executive'.
  On page 18, line 13, after 'services' insert 'executive'.
  On page 21, line 6, after 'services' insert 'executive'.
  In line 10, after 'services' insert 'executive'.
  In line 37, after 'services' insert 'executive'.
  On page 28, line 26, after 'services' insert 'executive'.
  On page 30, line 19, after 'services' insert 'executive'.
  In line 41, after 'services' insert 'executive'.
  In line 43, after 'services' insert 'executive'.
  On page 33, line 37, after 'services' insert 'executive'.
  On page 37, line 45, after 'services' insert 'executive'.
  On page 38, line 2, after 'services' insert 'executive'.
  On page 39, line 2, after 'services' insert 'executive'.
  In line 28, after 'services' insert 'executive'.
  In line 32, after 'services' insert 'executive'.
  In line 33, after 'services' insert 'executive'.
  On page 40, line 18, after 'services' insert 'executive'.
  On page 42, line 45, after 'services' insert 'executive'.
  On page 63, line 8, after 'services' insert 'executive'.
  On page 77, line 32, delete 'indigent' and insert ' financially
eligible'.
  In line 37, delete 'indigent' and insert 'financially
eligible'.
                         ----------