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 892
A-Engrossed
Senate Bill 384
Ordered by the Senate April 4
Including Senate Amendments dated April 4
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 Governor John A. Kitzhaber,
M.D., for State Commission on Children and Families)
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.
Eliminates certain responsibilities of State Commission on
Children and Families and transfers other responsibilities to
Juvenile Crime Prevention Advisory Committee and Oregon Youth
Authority.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to juveniles; amending ORS 3.250, 169.090, 417.845,
419A.014, 419A.047, 419A.048, 419C.453, 420.014 and 420A.012;
repealing ORS 419A.044; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 169.090 is amended to read:
169.090. (1) The Director of the Department of Corrections
shall publish and distribute a manual of recommended guidelines
for the operation of local correctional facilities and lockups as
developed by a jail standards committee appointed by the
director. This manual shall be revised when appropriate with
consultation and advice of the Oregon State Sheriffs'
Association, the Oregon Association of Chiefs of Police,
Association of Oregon Counties, the League of Oregon Cities and
other appropriate groups and agencies and will be redistributed
upon the approval of the Governor.
(2) The { - State Commission on Children and Families - }
{ + Juvenile Crime Prevention Advisory Committee + } and the
Department of Corrections shall develop guidelines pertaining to
the operation of juvenile detention facilities, as defined in ORS
169.005 (2). Guidelines shall be revised by the
{ - commission - } { + Juvenile Crime Prevention Advisory
Committee + } and the Department of Corrections, whenever
appropriate. The guidelines shall be included in the manual
published and distributed under subsection (1) of this section.
However, the { - commission - } { + Juvenile Crime Prevention
Advisory Committee + } may choose to publish and distribute the
guidelines independently.
SECTION 2. ORS 419A.014 is amended to read:
419A.014. The juvenile department of a county shall report
annually to the { - State Commission on Children and
Families - } { + Oregon Criminal Justice Commission + } the
frequency with which juveniles are held in preadjudicative
detention and the duration of the detention.
SECTION 3. ORS 419A.047 is amended to read:
419A.047. (1) The state shall provide financial assistance to
the counties { - which apply therefor by January 1 of the
fiscal year - } { + for the implementation of local coordinated
comprehensive plans + } from funds appropriated for that purpose
for court services, as defined in ORS 3.250.
(2) { - Prior to April 1 of each odd-numbered year, the State
Commission on Children and Families - } { + The Oregon Youth
Authority + } shall determine each county's estimated percentage
share of the amount to be appropriated for the purposes of this
{ - subsection - } { + section + }. Such determination shall
be based upon each county's respective share of resident
juveniles under the age of 18.
(3) The numbers of resident juveniles under the age of 18 for
each county shall be certified to the { - State Commission on
Children and Families - } { + Oregon Youth Authority + } by
January 1 of each odd-numbered year by the Center for Population
Research and Census.
SECTION 4. ORS 419A.048 is amended to read:
419A.048. Any court with juvenile court jurisdiction that
receives financial assistance under ORS 419A.044 to 419A.048
shall comply with fiscal reporting procedures { - as - }
developed and approved by the { - State Commission on Children
and Families - } { + Oregon Youth Authority + }.
SECTION 5. ORS 419C.453 is amended to read:
419C.453. Pursuant to hearing, the juvenile court may order a
youth 12 years of age or older placed in a detention facility for
youths for a specific period of time not to exceed eight days, in
addition to time already spent in the facility, unless a program
plan that is in conformance with standards established by the
{ - State Commission on Children and Families - } { + Oregon
Criminal Justice Commission + } has been filed with and approved
by the commission, in which case the youth may be held in
detention for a maximum of 30 days in addition to time already
spent in the facility, when:
(1) The youth has been found to be within the jurisdiction of
the juvenile court by reason of having committed an act which
would be a crime if committed by an adult; or
(2) The youth has been placed on formal probation for an act
which would be a crime if committed by an adult, and has been
found to have violated a condition of that probation.
SECTION 6. ORS 420.014 is amended to read:
420.014. (1) The total population of youth offenders confined
in the youth correction facilities may not exceed the design
capacity of the facilities designated for close custody purposes
by the Director of the Oregon Youth Authority. The total
population limit shall include offenders in the youth correction
facility who were waived by the juvenile court to be prosecuted
as adults or who were prosecuted as adults under ORS 137.707.
(2) The director by rule shall determine reasonable standards
for care and treatment of youth offenders housed in youth
correction facilities. Within the total limit established under
subsection (1) of this section, the Director of the Oregon Youth
Authority shall establish and impose a maximum allowable
population level for each youth correction facility. The maximum
allowable population shall not exceed the design capacity for the
facility and shall be further limited by the ability of the
facility to meet the standard of care and treatment established
by rule under this subsection, protect communities, hold youth
offenders accountable for their behavior and improve the
competency of youth offenders to become responsible and
productive members of their communities.
(3) The director by rule shall establish criteria upon which
the decision to place a youth in a youth correction facility must
be based, and which, in turn, shall be based upon behaviors and
characteristics of youths otherwise eligible for commitment to a
youth correction facility.
(4) After conferring with the juvenile court judges { - and
the State Commission on Children and Families - } , the director
shall develop and implement by rule, a method of controlling
admissions to the youth correction facilities so as not to exceed
maximum levels determined under subsections (1) and (2) of this
section.
SECTION 7. ORS 420A.012 is amended to read:
420A.012. (1) { - No later than January 1, 1996, - } The
Oregon Youth Authority, in consultation with { - the State
Commission on Children and Families and - } the Oregon Juvenile
Department Directors' Association, shall adopt one or more
definitions of recidivism and establish a recidivism reporting
system applicable to youth offenders. The definition must be
designed to address outcomes including, but not limited to,
community safety and rehabilitation.
(2) { - Prior to March 1, 1996, and annually thereafter, - }
The juvenile department of a county { + annually + } shall
submit to the Oregon Youth Authority, in the form established
under subsection (1) of this section, statistical data relating
to the recidivism of delinquent youths experienced by the county
during the previous year.
(3) { - Prior to April 1, 1996, and annually thereafter, - }
The Oregon Youth Authority shall publish { - a - } { + an
annual + } comprehensive report that includes the data provided
by the counties under subsection (2) of this section and similar
data that measures the recidivism of youths supervised by the
youth authority who are on probation or parole.
(4) The Oregon Youth Authority shall cooperate and, to the
extent of available information systems resources, shall share
data with the Department of Corrections to enable the department
to track youth offenders who later enter the adult corrections
system and to assess the effect of juvenile corrections on future
criminal conduct that occurs during and after supervision by the
Oregon Youth Authority and county juvenile departments. The
Department { + of Corrections + } shall manage data under this
subsection in a manner consistent with the confidentiality of
juvenile court records and the effectiveness of orders of
expunction.
SECTION 8. ORS 417.845 is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the Oregon Criminal Justice Commission.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
(b) The staff director of the State Commission on Children and
Families or a designee of the staff director;
(c) The Director of Human Services or a designee of the
director;
(d) The Assistant Director for Alcohol and Drug Abuse Programs
or a designee of the assistant director;
(e) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(f) The Superintendent of Public Instruction or a designee of
the superintendent;
(g) The Superintendent of State Police or a designee of the
superintendent;
(h) The Director of the Department of Corrections or a designee
of the director;
(i) One designee of the Governor;
(j) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(k) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(L) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as { - an ex officio - }
{ + a nonvoting + } member to provide information and support
the partnership role of the courts in an effective comprehensive
statewide approach to high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The Oregon Criminal Justice Commission shall provide staff
support to the committee.
SECTION 9. { + ORS 419A.044 is repealed. + }
SECTION 10. ORS 3.250 is amended to read:
3.250. As used in ORS 3.250 to 3.280 { - and 419A.044 - } ,
unless the context requires otherwise:
(1) 'Child' means a person under 18 years of age.
(2) 'Court services' includes but is not limited to services
and facilities relating to intake screening, juvenile detention,
shelter care, investigations, study and recommendations on
disposition of cases, probation on matters within the
jurisdiction of the court under ORS 3.260, family counseling,
conciliation in domestic relations, group homes, and
psychological or psychiatric or medical consultation and services
provided at the request of or under the direction of the court,
whether performed by employees of the court, by other government
agencies or by contract or other arrangement.
SECTION 11. { + 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
July 1, 2001. + }
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