71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 384
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)
CHAPTER ................
AN ACT
Relating to juveniles; creating new provisions; amending ORS
3.250, 169.090, 417.845, 419A.004, 419A.014, 419A.047,
419A.048, 419A.255, 419B.010, 419C.001, 419C.453, 420.014 and
420A.012 and sections 142 and 145, chapter 801, Oregon Laws
1997; 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
Enrolled Senate Bill 384 (SB 384-BCCA) Page 1
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.
Enrolled Senate Bill 384 (SB 384-BCCA) Page 2
(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;
Enrolled Senate Bill 384 (SB 384-BCCA) Page 3
(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
Enrolled Senate Bill 384 (SB 384-BCCA) Page 4
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. ORS 419A.255 is amended to read:
419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
child's or youth's history and prognosis. The record of the case
shall be withheld from public inspection but shall be open to
inspection by the child or youth, parent, guardian, court
appointed special advocate, surrogate or a person allowed to
intervene in a proceeding involving the child or youth under ORS
109.119 (1), and their attorneys. The attorneys are entitled to
copies of the record of the case.
(2) Reports and other material relating to the child's or
youth's history and prognosis are privileged and, except at the
request of the child or youth, shall not be disclosed directly or
indirectly to anyone other than the judge of the juvenile court,
those acting under the judge's direction, service providers in
the case and the attorneys of record for the child or youth or
the child's or youth's parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child or youth under ORS 109.119 (1).
Reports and other material relating to a youth offender's history
and prognosis in cases under ORS 419C.005 may be disclosed to the
superintendent of the school district in which the youth offender
resides. The service providers in the case, school
superintendents and attorneys are entitled to examine and obtain
copies of any reports or other material relating to the child's
or youth's history and prognosis. Any service provider in the
case, school superintendent or attorney who examines or obtains
copies of such reports or materials is responsible for preserving
their confidentiality { + . + } { - and - } { + A service
provider or school superintendent who obtains copies of such
reports or materials + } shall return the copies to the court
upon the conclusion of the service provider's { - , - }
{ + or + } superintendent's { - or attorney's - } { +
+ }involvement in the case.
(3) Except as otherwise provided in subsection (7) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child's or youth's
history or prognosis may be disclosed to any person not described
in subsection (2) of this section without the consent of the
court, except for purposes of evaluating the child's or youth's
eligibility for special education as provided in ORS chapter 343,
and no such information may be used in evidence in any proceeding
to establish criminal or civil liability against the child or
youth, whether such proceeding occurs after the child or youth
has reached 18 years of age or otherwise, except for the
following purposes:
(a) In connection with a presentence investigation after the
guilt of the youth has been admitted or established in a criminal
court.
(b) In connection with a proceeding in another juvenile court
concerning the child or youth or an appeal from the juvenile
court.
(4) If the court finds that the child or youth or parent is
without financial means to purchase all or a necessary part of
Enrolled Senate Bill 384 (SB 384-BCCA) Page 5
the transcript of the evidence or proceedings, the court shall
order upon motion the transcript or part thereof to be furnished.
The transcript or part thereof furnished under this subsection
shall be paid for in the same manner as furnished transcripts are
paid for in criminal cases.
(5) Notwithstanding any other provision of law, the following
are not confidential and not exempt from disclosure:
(a) The name and date of birth of the { - child or - }
youth;
(b) The basis for the juvenile court's jurisdiction over the
{ - child or - } youth;
(c) The date, time and place of any juvenile court proceeding
in which the { - child or - } youth is involved;
(d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
(e) That portion of the juvenile court order providing for the
legal disposition of the { - child or - } youth
{ - where - } { + when + } jurisdiction is based on ORS
{ - 419B.100 (1)(g) or - } 419C.005;
(f) The names and addresses of the youth's parents or
guardians; and
(g) The register described in ORS 7.020 { + when jurisdiction
is based on ORS 419C.005 + }.
(6) Notwithstanding any other provision of law, when a youth
has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as,
there is a clear need to delay disclosure in the course of a
specific investigation, including the need to protect the
complaining party or the victim:
(a) The youth's name and age and whether the youth is employed
or in school;
(b) The youth offense for which the youth was taken into
custody;
(c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
(d) The identity of the investigating and arresting agency; and
(e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
(7)(a) Information contained in reports and other materials
relating to a child's or youth's history and prognosis that, in
the professional judgment of the juvenile counselor, caseworker,
school superintendent, teacher or detention worker to whom the
information for the reports or other materials has been provided,
indicates a clear and immediate danger to another person or to
society shall be disclosed to the appropriate authority and the
person or entity who is in danger from the child or youth.
(b) An agency or a person who discloses information under
paragraph (a) of this subsection shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed for making the disclosure.
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
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(8) A county juvenile department is the agency responsible for
disclosing youth offender records and records relating to
nonadjudicated youths if the records are subject to disclosure.
SECTION 12. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child' means a person within the jurisdiction of the
juvenile court as provided in ORS 419B.100.
(3) 'Child care center' means a residential facility for the
care and supervision of children that is licensed under the
provisions of ORS 418.240.
(4) 'Community service' has the meaning given that term in ORS
137.126.
(5) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(6) 'Counselor' means a juvenile department counselor.
(7) 'Court' means the juvenile court.
(8) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate for a child pursuant to ORS 419A.170.
(9) 'Court facility' has the meaning given that term in ORS
166.360.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of dependent children or delinquent
youth pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe; { + or + }
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe { - ; or - }
{ - (c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe - } .
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Office' means the State Office for Services to Children
and Families.
(17) 'Parent' means the biological or adoptive mother of the
child and the legal or adoptive father of the child. A legal
father includes:
(a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, at the time of conception;
(b) A man married to the mother of the child at the time of
birth, where there is no decree of separation and the presumption
of paternity has not been disputed;
(c) A biological father who marries the mother of the child
after the birth of the child;
Enrolled Senate Bill 384 (SB 384-BCCA) Page 7
(d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
(e) A biological father who has, with the mother, established
paternity through a voluntary acknowledgment of paternity under
ORS 109.070.
(18) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the State Office for Services to
Children and Families that is approved by the juvenile court and
in which the foster parents commit to raise a foster child until
the age of majority.
(19) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the child.
(20) 'Public building' has the meaning given that term in ORS
166.360.
(21) 'Reasonable time' means a period of time that is
reasonable given a child's emotional and developmental needs and
ability to form and maintain lasting attachments.
(22) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(23) 'Resides' or 'residence,' when used in reference to the
residence of a child or youth, means the place where the child or
youth is actually living or the jurisdiction in which wardship of
the child or youth has been established.
(24) 'Restitution' has the meaning given that term in ORS
137.103.
(25) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(26) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child who is taken into temporary custody
pending investigation and disposition where the circumstances are
such that the child does not need to be kept in secure custody.
(27) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding youths pending
further placement.
(28) 'Substitute care' means an out-of-home placement directly
supervised by the office or other agency, including placement in
a foster family home, group home or other child caring
institution or facility. 'Substitute care' does not include care
in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home which the court has approved as a child's
permanent placement, where a private child caring agency has been
appointed guardian of the child and where the child's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
(29) 'Surrogate' means a person appointed by the court to
protect the right of the child to receive procedural safeguards
Enrolled Senate Bill 384 (SB 384-BCCA) Page 8
with respect to the provision of free appropriate public
education.
(30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
(31) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(32) 'Youth care center' has the meaning given that term in ORS
420.855.
(33) 'Youth offender' means a person who has been found to be
within the jurisdiction of the juvenile court under ORS 419C.005
for an act committed by the person when the person was at least
12 years of age and under 18 years of age.
SECTION 13. { + Section 14 of this 2001 Act is added to and
made a part of ORS chapter 419C. + }
SECTION 14. { + If a youth is cited or summoned for a
violation under ORS 471.430 or 475.992 (2)(b) or (4)(f) and fails
to appear, the court may adjudicate the citation or petition and
enter a disposition without a hearing. + }
SECTION 15. ORS 419B.010 is amended to read:
419B.010. (1) Any public or private official having reasonable
cause to believe that any child with whom the official comes in
contact has suffered abuse or that any person with whom the
official comes in contact has abused a child shall immediately
report or cause a report to be made in the manner required in ORS
419B.015. Nothing contained in ORS 40.225 to 40.295 shall affect
the duty to report imposed by this section, except that a
psychiatrist, psychologist, clergyman or attorney shall not be
required to report such information communicated by a person if
the communication is privileged under ORS 40.225 to 40.295.
{ + An attorney is not required to make a report under this
section by reason of information communicated to the attorney in
the course of representing a client, if disclosure of the
information would be detrimental to the client.
(2) Notwithstanding subsection (1) of this section, a report
need not be made under this section if the public or private
official acquires information relating to abuse by reason of a
report made under this section, or by reason of a proceeding
arising out of a report made under this section, and the public
or private official reasonably believes that the information is
already known by a law enforcement agency or the State Office for
Services to Children and Families. + }
{ - (2) - } { + (3) + } A person who violates subsection
(1) of this section commits a Class A violation. Prosecution
under this subsection shall be commenced at any time within 18
months after commission of the offense.
SECTION 16. ORS 419C.001 is amended to read:
419C.001. (1) The Legislative Assembly declares that in
delinquency cases, the purposes of the Oregon juvenile justice
system from apprehension forward are to protect the public and
reduce juvenile delinquency and to provide fair and impartial
procedures for the initiation, adjudication and disposition of
allegations of delinquent conduct. The system is founded on the
principles of personal responsibility, accountability and
reformation within the context of public safety and restitution
Enrolled Senate Bill 384 (SB 384-BCCA) Page 9
to the victims and to the community. The system shall provide a
continuum of services that emphasize prevention of further
criminal activity by the use of early and certain sanctions,
reformation and rehabilitation programs and swift and decisive
intervention in delinquent behavior. The system shall be open and
accountable to the people of Oregon and their elected
representatives.
(2) { + (a) + } Programs, policies and services shall be
regularly and independently audited as to their effectiveness in
providing public safety and preventing a youth's return to
criminal behavior. The Secretary of State shall select and
oversee the auditors. { + Audits performed under this subsection
must include program audits and performance audits, as defined in
ORS 297.070. Programs, policies and services that were
established before, on or after June 30, 1995, are subject to
audit under this subsection.
(b) The programs, policies and services of county juvenile
departments shall be audited pursuant to this subsection.
(c) ORS 297.405 to 297.555 do not apply to an audit conducted
pursuant to this subsection.
(3) To facilitate an audit under subsection (2) of this
section:
(a) The Secretary of State may subpoena witnesses, require the
production of books and papers and the rendering of reports in
such manner and form as the Secretary of State requires and may
do all things necessary to secure a full and thorough
investigation.
(b) The custodian of information that the Secretary of State
deems necessary to conduct the audit shall provide the Secretary
of State or the auditor selected by the Secretary of State access
to the information notwithstanding the fact that the information
may be made confidential or access to the information restricted
by ORS 419A.255 or another law. Information obtained by the
Secretary of State or the auditor pursuant to this paragraph and
made confidential by ORS 419A.255 or another law may be used by
the Secretary of State, the officers and employees of the
Secretary of State or the auditor solely for the purpose of
performing the audit required by subsection (2) of this section
and may not be used or disclosed for any other purpose. + }
SECTION 17. Section 145, chapter 801, Oregon Laws 1997, is
amended to read:
{ + Sec. 145. + } (1) There is appropriated to the Emergency
Board, for the biennium beginning July 1, 1997, out of the
General Fund, the sum of $835,000. The Emergency Board may
allocate any or all of the funds appropriated by this section to
the Oregon Youth Authority for this project in the following
sequence and manner:
(a) The parties to the intergovernmental agreement described in
section 142 { + , chapter 801, Oregon Laws 1997, + } { - of
this Act - } shall appear before the Emergency Board at the
first meeting of the board after { - the effective date of this
Act - } { + October 4, 1997 + }. The parties shall submit a
copy of the agreement between the parties to the board, and shall
request start-up funds for the purpose of preparing for
implementation of the demonstration project and establishing
community placements and services for the youth to be paroled
from state close custody.
(b) The parties to the intergovernmental agreement shall appear
before the Emergency Board in January 1998 to describe the
initial phase of the demonstration project, including those youth
Enrolled Senate Bill 384 (SB 384-BCCA) Page 10
to be paroled from close custody into community placements and to
request funds associated with those youth.
(c) Until such time as the demonstration project is fully
implemented, the parties to the intergovernmental agreement shall
appear quarterly to report as described in section 144 (6) { + ,
chapter 801, Oregon Laws 1997, + } { - of this Act - } and to
request funds for continued implementation of the demonstration
project.
(d) Contingent upon continued implementation of the regional
intergovernmental agreement and approval of the Legislative
Assembly, the Oregon Youth Authority shall, during subsequent
biennia, continue to include project funds in { - the Central
and Eastern Oregon Juvenile Justice Consortium's diversion
contract - } { + an intergovernmental agreement with Deschutes
County + } through June 30, { - 2003 - } { + 2005 + }. If the
evaluation in { - 2003 - } { + 2002 + } indicates that the
demonstration project has been successful, the Oregon Youth
Authority and Deschutes County may agree to continue the local
system for management of close custody resources beyond the
demonstration period.
(2) If any of the moneys appropriated to the Emergency Board
under the provisions of this section are not allocated by the
Emergency Board before November 1, 1998, the unallocated moneys
on that date become available for any other purpose for which the
Emergency Board may lawfully allocate funds.
SECTION 18. Section 142, chapter 801, Oregon Laws 1997, is
amended to read:
{ + Sec. 142. + } (1) The governing body of Deschutes County
may establish a demonstration project that assumes local
management responsibility for certain adjudicated delinquent
youth to reduce reliance on the state's close custody system.
Deschutes County shall include the demonstration project as part
of the regional intergovernmental agreement between the Oregon
Youth Authority, Deschutes County and the Central and Eastern
Oregon Juvenile Justice Consortium as part of the annual
diversion plan for the region as authorized in ORS 420.017. The
guiding principles of the project are to:
(a) Ensure youth and parental accountability, safety of the
public and consideration of needs and interests of victims;
(b) Emphasize investments with long-term benefits for public
safety, community justice and the development of healthy,
responsible and educated youths;
(c) Establish incentives for the county to manage resources in
an effort to reduce the likelihood that local youths will become
wards of the state;
(d) Maximize community resources and involvement through
greater local responsibility for a continuum of preventative and
remedial services and supports; and
(e) Demonstrate an effective state and local partnership on an
issue of statewide importance, that of improving outcomes for
youths while reducing the long-term burden on the state's youth
and adult corrections systems of the cost of crime.
(2) From within the available funding and resources authorized
for this project, an independent entity, agreed upon by the
parties to the agreement, shall conduct an evaluation of specific
results and outcomes as described in the intergovernmental
agreement. The independent entity shall conduct the evaluation
process in consultation with the Oregon Youth Authority, the
Central and Eastern Oregon Juvenile Justice Consortium, the
Enrolled Senate Bill 384 (SB 384-BCCA) Page 11
Oregon Juvenile Department Directors' Association and the
Association of Oregon Counties.
(3) Deschutes County shall provide interim progress reports to
the Emergency Board, to the legislative committees dealing with
judicial matters and, upon request, to any other interested
legislative committees as part of any request for authorization
for additional phases of the project.
(4) No later than { - October 1, 2003 - } { + June 30,
2002 + }, the Oregon Youth Authority, Deschutes County and the
Central and Eastern Oregon Juvenile Justice Consortium shall
submit a final evaluation of the project to the Legislative
Assembly and to any other interested parties.
(5) The county, the Central and Eastern Oregon Juvenile Justice
Consortium, or the state may discontinue participation in the
demonstration project, if any of these parties determines that
the risk exceeds the level of resources available. If any of the
parties wants to discontinue participation, they must make
written notification to the Oregon Youth Authority and to the
other parties at least 90 days before terminating their
participation. The parties to the agreement shall include in the
agreement provisions addressing how to best continue the
demonstration project in the event the consortium ceases to be a
viable contracting entity.
(6) In order to exercise its option under subsection (1) of
this section, Deschutes County shall develop an implementation
plan for the first phase of the project for review and
authorization by the Emergency Board. Deschutes County shall
include in the plan a description of the services needed to
divert the commitment of youth from youth correction facilities,
and how these services are to be administered, if funds are
authorized by the Emergency Board for the first phase of the
project.
(7) The local commission on children and families shall develop
the implementation plan referred to in subsection (6) of this
section as part of its comprehensive plan for juvenile crime
prevention and intervention in collaboration with the local
public safety coordinating council. Following review and comment
by the Central and Eastern Oregon Juvenile Justice Consortium and
the Oregon Juvenile Department Directors' Association, the plan
must be approved by the governing body of the county with a
letter of concurrence from the presiding judge of the circuit
court.
SECTION 19. { + (1) No later than June 30, 2002, the Division
of Audits of the office of the Secretary of State shall audit the
Deschutes County delinquent youth demonstration project
authorized by sections 142 to 145, chapter 801, Oregon Laws 1997.
The audit must include, but need not be limited to, audits of
state, local and other funding used in the project, a program
audit and a performance audit. As used in this subsection,
'program audit ' and 'performance audit' have the meanings given
those terms in ORS 297.070.
(2) ORS 419C.001 (3) applies to the audit required by
subsection (1) of this section.
(3) ORS 297.405 to 297.555 do not apply to an audit required by
subsection (1) of this section.
(4)(a) No later than December 1, 2002, the Secretary of State
shall report the findings of the audit required by subsection (1)
of this section to the appropriate interim legislative committee.
(b) When the Secretary of State reports the finding of the
audit to the interim legislative committee, representatives of
Enrolled Senate Bill 384 (SB 384-BCCA) Page 12
the Oregon Youth Authority, Deschutes County and the Central and
Eastern Oregon Juvenile Justice Consortium shall appear before
the committee and present comments on the findings of the
audit. + }
SECTION 20. { + 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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Passed by Senate April 9, 2001
Repassed by Senate July 6, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 5, 2001
Repassed by House July 7, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 384 (SB 384-BCCA) Page 13
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 384 (SB 384-BCCA) Page 14