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 2735
A-Engrossed
Senate Bill 914
Ordered by the Senate May 11
Including Senate Amendments dated May 11
Sponsored by Senator DECKERT, Representative HILL; Senators L
BEYER, BURDICK, CLARNO, MINNIS, Representative MORRISETTE
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.
{ - Requires court, under certain circumstances, to place
person on probation when person is convicted of nonviolent drug
possession crime. Establishes eligibility criteria and probation
conditions. - } { + Permits court, when person pleads or is
found guilty of property offense that is motivated by dependence
on controlled substance, to defer further proceedings and place
person on probation and, upon fulfillment of terms and conditions
of probation, to dismiss proceedings. Provides that dismissal is
not conviction.
Directs local public safety coordinating council to develop
plan to integrate drug treatment services into criminal justice
system for offenders who commit nonviolent felony drug possession
offenses or property offenses that are motivated by offender's
dependence on controlled substance. Specifies required contents
of plan. Requires plan be submitted to office of Alcohol and Drug
Abuse Programs. Requires office to distribute certain moneys
based upon plans submitted to office. Specifies that one
criterion for funding is whether plan includes existence or
development of drug treatment court or drug diversion
program. + }
Creates Drug Prevention and Education Fund.
Appropriates moneys to office of Alcohol and Drug Abuse
Programs.
A BILL FOR AN ACT
Relating to controlled substances; creating new provisions;
amending ORS 475.245 and 475A.130; and appropriating money.
Be It Enacted by the People of the State of Oregon:
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. - }
----------