71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 914
Sponsored by Senator DECKERT, Representative HILL; Senators L
BEYER, BURDICK, CASTILLO, CLARNO, MINNIS, Representatives
MORRISETTE, V WALKER
CHAPTER ................
AN ACT
Relating to controlled substances; creating new provisions;
amending ORS 475.245 and 475A.130 and sections 16 and 17,
chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642);
repealing sections 15a and 15b, chapter __, Oregon Laws 2001
(Enrolled House Bill 2429); and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) In collaboration with local seizing
agencies, the district attorney, the local public safety
coordinating council and the local mental health advisory
committee, a local alcoholism planning committee appointed or
designated pursuant to ORS 430.342 shall develop a plan to
integrate drug treatment services into the criminal justice
system for offenders who commit nonviolent felony drug possession
offenses. The plan may also include property offenders as
provided for under ORS 475.245. The plan developed under this
subsection must be incorporated into the local coordinated
comprehensive plan required by ORS 417.775.
(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 part of 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 treatment resources are prioritized and allocated to meet
the needs of the drug abusing offender population;
(C) The principles that guide criminal justice strategies for
supervision and treatment of drug abusing offenders and the
purchase of treatment services from local community providers;
(D) The desired outcomes for criminal justice strategies for
supervision and treatment of drug abusing offenders and the
provision of treatment services and identification of a method
for monitoring and reporting the outcomes; and
(E) Consistent standards for measuring the success of criminal
justice strategies for supervision and treatment of drug abusing
offenders and the provision of treatment.
(3) A program must include, but need not be limited to:
(a) Ongoing oversight of the participant;
(b) Frequent monitoring to determine whether a participant is
using controlled substances unlawfully; and
Enrolled Senate Bill 914 (SB 914-B) Page 1
(c) A coordinated strategy governing responses to a
participant's compliance or noncompliance with the program.
(4) The local alcoholism planning committee 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. { + The office of Alcohol and Drug Abuse Programs
shall distribute moneys in the Drug Prevention and Education Fund
established in section 4 of this 2001 Act 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 section 17,
chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), 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 4a. If House Bill 2429 becomes law, section 4 of this
2001 Act is amended to read:
{ + Sec. 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 section 17,
chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), 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. + }
Enrolled Senate Bill 914 (SB 914-B) Page 2
{ - 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 5a. { + If House Bill 2429 becomes law, section 5 of
this 2001 Act (amending ORS 475A.130) is repealed and ORS
475A.130, as amended by section 15, chapter __, Oregon Laws 2001
(Enrolled House Bill 2429), is amended to read: + }
475A.130. (1) The 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 by reason of civil forfeitures conducted under this
chapter, except as otherwise provided by ORS 475A.120.
{ + (2) At least once every three months, the moneys in the
Forfeiture Account must be distributed to the Drug Prevention and
Education Fund established in section 4 of this 2001 Act. + }
{ - (2) - } { + (3) + } Before { - expenditure - }
{ + distribution + } of any moneys from the Forfeiture
Account { + pursuant to subsection (2) of this section + }, the
state must deduct from the Forfeiture Account all amounts
required by ORS 475A.120 (4)(a) and (5)(b). { - Moneys in the
account may not be used for law enforcement purposes, and must be
used for drug treatment unless another use is specifically
provided by law. - }
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. - }
SECTION 7. Section 16, chapter 666, Oregon Laws 2001 (Enrolled
House Bill 3642), is amended to read:
Enrolled Senate Bill 914 (SB 914-B) Page 3
{ + Sec. 16. + } (1) After the seizing agency distributes
property under section 14 { + , chapter 666, Oregon Laws 2001
(Enrolled House Bill 3642), + } { - of this 2001 Act - } and
when the seizing agency is not the state, the seizing agency
shall dispose of and distribute property as follows:
(a) The seizing agency shall pay costs first from the property
or its proceeds. As used in this subsection, 'costs ' includes
the expenses of publication, service of notices, towing, storage
and servicing or maintaining the seized property under section
6 { + , chapter 666, Oregon Laws 2001 (Enrolled House Bill
3642) + } { - of this 2001 Act - } .
(b) After costs have been paid, the seizing agency shall
distribute to the victim any amount the seizing agency was
ordered to distribute under section 14 (4) { + , chapter 666,
Oregon Laws 2001 (Enrolled House Bill 3642) + } { - of this
2001 Act - } .
(c) After costs have been paid and distributions under
paragraph (b) of this subsection have been made, the seizing
agency shall distribute the rest of the property to the general
fund of the political subdivision that operates the seizing
agency.
(2) Of the property distributed under subsection (1)(c) of this
section, the political subdivision shall distribute:
(a) Three percent to the Asset Forfeiture Oversight Account
established in ORS 475A.160;
(b) Seven percent to the Illegal Drug Cleanup Fund established
in ORS 475.495 for the purposes specified in ORS 475.495 (5); and
(c) Ten percent to the state General Fund.
(3) Of the property distributed under subsection (1)(c) of this
section that remains in the general fund of the political
subdivision after the distributions required by subsection (2) of
this section have been made:
(a) Fifty percent must be for official law enforcement use; and
(b) Fifty percent must be used for substance abuse treatment
{ + pursuant to a plan developed under section 1 of this 2001
Act + }.
(4) Except as otherwise provided by intergovernmental
agreement, the seizing agency may:
(a) Sell, lease, lend or transfer the property or proceeds to
any federal, state or local law enforcement agency or district
attorney.
(b) Sell the forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(c) Retain the property.
(d) With written authorization from the district attorney for
the seizing agency's jurisdiction, destroy any firearms or
controlled substances.
(5) A political subdivision may sell as much property as may be
needed to make the distributions required by subsections (1) and
(2) of this section. A political subdivision shall make
distributions to the Asset Forfeiture Oversight Account, the
Illegal Drug Cleanup Fund and the state General Fund that are
required by subsection (2) of this section once every three
months. The distributions are due within 20 days of the end of
each quarter. Interest does not accrue on amounts that are paid
within the period specified by this subsection.
(6) A seizing agency may donate growing equipment and
laboratory equipment that was used, or intended for use, in
Enrolled Senate Bill 914 (SB 914-B) Page 4
manufacturing of controlled substances to a public school,
community college or state institution of higher education.
(7) This section applies only to criminal forfeiture proceeds
arising out of prohibited conduct.
SECTION 8. Section 17, chapter 666, Oregon Laws 2001 (Enrolled
House Bill 3642), is amended to read:
{ + Sec. 17. + } (1) After the seizing agency distributes
property under section 14 { + , chapter 666, Oregon Laws 2001
(Enrolled House Bill 3642), + } { - of this 2001 Act - } and
when the seizing agency is the state or when the state is the
recipient of property forfeited under sections 1 to 18 { + ,
chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642) + }
{ - of this 2001 Act - } , the seizing agency shall dispose of
and distribute property as follows:
(a) The seizing agency shall pay costs first from the property
or its proceeds. As used in this subsection, 'costs ' includes
the expenses of publication, service of notices, towing, storage
and servicing or maintaining the seized property under section
6 { + , chapter 666, Oregon Laws 2001 (Enrolled House Bill
3642) + } { - of this 2001 Act - } .
(b) After costs have been paid, the seizing agency shall
distribute to the victim any amount the seizing agency was
ordered to distribute under section 14 (4) { + , chapter 666,
Oregon Laws 2001 (Enrolled House Bill 3642) + } { - of this
2001 Act - } .
(c) Of the property remaining after costs have been paid under
paragraph (a) of this subsection and distributions have been made
under paragraph (b) of this subsection, the seizing agency shall
distribute:
(A) Three percent to the Asset Forfeiture Oversight Account
established in ORS 475A.160;
(B) Seven percent to the Illegal Drug Cleanup Fund established
in ORS 475.495 for the purposes specified in ORS 475.495 (5);
(C) Ten percent to the state General Fund;
(D) Subject to subsection (5) of this section, 40 percent to
the Department of State Police or the Department of Justice for
official law enforcement use; and
(E) Forty percent to the { - office of Alcohol and Drug Abuse
Programs to be used for substance abuse treatment - } { + Drug
Prevention and Education Fund established in section 4 of this
2001 Act + }.
(2)(a) Any amount paid to or retained by the Department of
Justice under subsection (1) of this section must be deposited in
the Criminal Justice Revolving Account in the State Treasury.
(b) Any amount paid to or retained by the Department of State
Police under subsection (1) of this section must be deposited in
the State Police Account.
(3) The state may:
(a) With written authorization from the district attorney for
the jurisdiction in which the property was seized, destroy any
firearms or controlled substances.
(b) Sell the forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(c) Retain any vehicles, firearms or other equipment usable for
law enforcement purposes, for official law enforcement use
directly by the state.
(d) Lend or transfer any vehicles, firearms or other equipment
usable for law enforcement purposes to any federal, state or
Enrolled Senate Bill 914 (SB 914-B) Page 5
local law enforcement agency or district attorney for official
law enforcement use directly by the transferee entity.
(4) When the state has entered into an intergovernmental
agreement with one or more political subdivisions under section
15 { + , chapter 666, Oregon Laws 2001 (Enrolled House Bill
3642) + } { - of this 2001 Act - } , or when a law enforcement
agency of this state has entered into an agreement with another
law enforcement agency of this state, an equitable portion of the
forfeited property distributed under subsection (1)(c)(D) of this
section must be distributed to each agency participating in the
seizure or criminal forfeiture as provided by the agreement.
(5) The property distributed under subsection (1)(c)(D) of this
section, including any proceeds received by the state under an
intergovernmental agreement or under an agreement between state
law enforcement agencies, must be divided as follows:
(a) When no law enforcement agency other than the Department of
Justice participated in the seizure or forfeiture, or when the
Department of Justice has entered into an agreement under
subsection (4) of this section, the property must be deposited in
the Criminal Justice Revolving Account.
(b) When no law enforcement agency other than the Department of
State Police participated in the seizure or forfeiture, or when
the Department of State Police has entered into an agreement
under subsection (4) of this section, the property must be
deposited in the State Police Account.
(6) The seizing agency may sell as much property as may be
needed to make the distributions required by subsection (1) of
this section. The seizing agency shall make distributions to the
Asset Forfeiture Oversight Account and the Illegal Drug Cleanup
Fund that are required by subsection (1) of this section once
every three months. The distributions are due within 20 days of
the end of each quarter. Interest does not accrue on amounts that
are paid within the period specified by this subsection.
SECTION 9. ORS 475A.130, as amended by section 5 of this 2001
Act, 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 { - may - } { + shall + } 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. - }
{ - (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. - } { + 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:
Enrolled Senate Bill 914 (SB 914-B) Page 6
(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. + }
SECTION 9a. { + If House Bill 2429 becomes law, section 9 of
this 2001 Act (amending ORS 475A.130) and section 15a,
chapter __, Oregon Laws 2001 (Enrolled House Bill 2429) (amending
ORS 475A.130), are repealed and ORS 475A.130, as amended by
section 15, chapter __, Oregon Laws 2001 (Enrolled House Bill
2429), and section 5a of this 2001 Act, is amended to read: + }
475A.130. { - (1) The 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 by reason of civil forfeitures conducted under this
chapter, except as otherwise provided by ORS 475A.120. - }
{ - (2) At least once every three months, the moneys in the
Forfeiture Account must be distributed to the Drug Prevention and
Education Fund established in section 4 of this 2001 Act. - }
{ - (3) Before distribution of any moneys from the Forfeiture
Account pursuant to subsection (2) of this section, the state
must deduct from the Forfeiture Account all amounts required by
ORS 475A.120 (4)(a) and (5)(b). - } { + 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 section 38, chapter __,
Oregon Laws 2001 (Enrolled House Bill 2429). All moneys in the
account are continuously appropriated and shall 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 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. + }
SECTION 9b. { + If House Bill 2429 becomes law, section 15b,
chapter __, Oregon Laws 2001 (Enrolled House Bill 2429), is
repealed. + }
SECTION 10. ORS 475.245, as amended by section 6 of this 2001
Act, 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
Enrolled Senate Bill 914 (SB 914-B) Page 7
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. + }
SECTION 11. { + (1) Sections 1 to 4 of this 2001 Act are
repealed on July 31, 2005.
(2) The amendments to ORS 475.245 and 475A.130 by sections 9,
9a and 10 of this 2001 Act become operative on July 31, 2005. + }
SECTION 12. { + This 2001 Act takes effect only if House Bill
3642 becomes law. + }
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Passed by Senate May 15, 2001
Repassed by Senate July 2, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 1, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 914 (SB 914-B) Page 8
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 914 (SB 914-B) Page 9