71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 914
LC 2735/SB 914-5
SENATE AMENDMENTS TO
SENATE BILL 914
By COMMITTEE ON JUDICIARY
May 11
On page 1 of the printed bill, line 2, after 'ORS' insert '
475.245 and'.
Delete lines 5 through 30 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + (1) In collaboration with local
alcohol and drug planning committees and local mental health
advisory committees, a local public safety coordinating council
convened under ORS 423.560 shall develop a plan to integrate drug
treatment services into the criminal justice system for offenders
who commit nonviolent felony drug possession offenses or property
offenses that are motivated by the offender's dependence on a
controlled substance.
' (2)(a) A plan may include, but need not be limited to,
programs that occur before adjudication, after adjudication as
part of a sentence of probation or as a conditional discharge.
' (b) A plan must include, but need not be limited to:
' (A) A description of local criminal justice and treatment
coordination efforts;
' (B) A description of the method by which local, state and
federal resources are prioritized to meet the needs of the
drug-abusing offender population;
' (C) The principles that guide criminal justice strategies and
the purchase of treatment services from local community
providers;
' (D) The desired outcomes for criminal justice strategies and
the provision of treatment services and identification of a
method for monitoring the outcomes; and
' (E) Consistent standards for measuring the success of
criminal justice strategies and the provision of treatment.
' (3) A program must include, but need not be limited to:
' (a) Ongoing judicial oversight;
' (b) Frequent monitoring to determine if a participant is
using controlled substances unlawfully; and
' (c) A coordinated strategy governing responses to a
participant's compliance or noncompliance with the program.
' (4) The local public safety coordinating council shall submit
the plan to the office of Alcohol and Drug Abuse Programs and
shall provide the county board of commissioners with a copy of
the plan. + }
' { + SECTION 2. + } { + At least once every three months,
the office of Alcohol and Drug Abuse Programs shall distribute
moneys in the Drug Prevention and Education Fund based on a
review of the plans submitted to the office under section 1 of
this 2001 Act. Funding criteria include, but need not be limited
to, whether the plan includes the existence or development of a
drug treatment court or a drug diversion program. + }
' { + SECTION 3. + } { + (1) The office of Alcohol and Drug
Abuse Programs shall adopt rules necessary to carry out the
provisions of sections 1 to 4 of this 2001 Act.
' (2) The office may accept gifts, grants and donations from
any source, public or private. Moneys accepted under this section
must be deposited in the Drug Prevention and Education Fund to be
used for the purposes for which the fund is established. + }
' { + SECTION 4. + } { + The Drug Prevention and Education
Fund is established separate and distinct from the General Fund.
The Drug Prevention and Education Fund consists of moneys
deposited in the fund under section 3 of this 2001 Act and from
the Special Crime and Forfeiture Account established in ORS
475A.130, and other moneys as may be appropriated to the fund by
law. The moneys in the Drug Prevention and Education Fund are
continuously appropriated to the office of Alcohol and Drug Abuse
Programs for the purpose of assisting counties in paying the
costs incurred by the counties in providing drug treatment
services pursuant to plans submitted under section 1 of this 2001
Act. + }
' { + SECTION 5. + } ORS 475A.130 is amended to read:
' 475A.130. { + (1) + } The Special Crime and Forfeiture
Account is established in the General Fund of the State Treasury.
The account shall consist of all forfeiture proceeds received or
retained by agencies of the state under this chapter, except as
otherwise provided by ORS 475A.125. All moneys in the account are
continuously appropriated and { - shall - } { + may + } be
used for { - enforcement of laws relating to the unlawful
delivery, distribution, manufacture or possession of controlled
substances, including but not limited to use of the proceeds for
controlled substance crime prevention, drug intervention, - }
drug treatment { + services or as otherwise provided by law. + }
{ - and drug education programs. Except as specifically provided
by this section, forfeiture proceeds in the Special Crime and
Forfeiture Account may not be used for payment of the wages of
peace officers, as defined in ORS 161.015, the purchase,
construction, expansion, remodeling or maintenance of buildings,
or the funding of all or part of any position that was in
existence before August 23, 1993, and that was previously funded
out of revenues other than forfeiture proceeds. Forfeiture
proceeds may be used for the following: - }
' { - (1) Payment of that portion of the wages of personnel
other than peace officers who administer the forfeiture laws. - }
' { - (2) Payment of the wages of peace officers performing
supervisory duties for interagency drug enforcement task forces
created by intergovernmental agreement. - }
' { - (3) Payment of overtime wages of peace officers arising
out of drug enforcement duties. - }
' { + (2) At least once every three months, the moneys in the
Special Crime and Forfeiture Account must be distributed to the
Drug Prevention and Education Fund established in section 4 of
this 2001 Act. + }
' { + SECTION 6. + } ORS 475.245 is amended to read:
' 475.245. Whenever any person pleads guilty to or is found
guilty of possession of a controlled substance under ORS 475.992
(4) { + or of a property offense that is motivated by a
dependence on a controlled substance + }, the court, without
entering a judgment of guilt and with the consent of the district
attorney and the accused, may defer further proceedings and place
the person on probation. Upon violation of a term or condition of
probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the
proceedings against the person. Discharge and dismissal under
this section shall be without adjudication of guilt and is not a
conviction for purposes of this section or for purposes of
disqualifications or disabilities imposed by law upon conviction
of a crime. { - There may be only one discharge and dismissal
under this section with respect to any person. - } '.
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