Chapter 464 Oregon Laws 2003

AN ACT

HB 2647

Relating to corrections; creating new provisions; and amending ORS 421.502, 421.508, 421.510 and 421.512.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 421.502 to 421.512.

SECTION 2. The Department of Corrections shall establish an intensive alternative incarceration addiction program. The program shall:

(1) Be based on intensive interventions, rigorous personal responsibility and accountability, physical labor and service to the community;

(2) Require strict discipline and compliance with program rules;

(3) Provide 14 hours of highly structured and regimented routine every day;

(4) Provide for cognitive restructuring to enable offenders participating in the program to confront and alter their criminal thinking patterns;

(5) Provide addiction treatment that incorporates proven, research-based interventions; and

(6) Be at least 270 days’ duration.

SECTION 3. ORS 421.502 is amended to read:

421.502. As used in ORS 421.502 to 421.512:

(1) “Cognitive restructuring” means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals.

(2) “Department” means the Department of Corrections.

(3)(a) “Offender” includes a person who:

(A) Is in the custody of the department; and

(B) Is at least 18 years of age at the time of entry into the program.

(b) “Offender” includes a person who is under 18 years of age and has been convicted of a crime upon remand from the juvenile court.

(c) “Offender” does not include a person convicted of a crime described in ORS 163.095, 163.115, 163.118, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.525, 164.325 or 164.415.

(4) “Program” means the special alternative incarceration program established under ORS 421.504 and the intensive alternative incarceration addiction program established under section 2 of this 2003 Act.

SECTION 4. ORS 421.508 is amended to read:

421.508. (1)(a) The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, [the] a program. However, the department may not consider an offender for [the] a program unless authorized to do so as provided in ORS 137.750.

(b) The department may not accept an offender into [the] a program unless the offender submits a written request to participate. The request must contain a signed statement providing that the offender:

(A) Is physically and mentally able to withstand the rigors of the program; and

(B) Has reviewed the program description provided by the department and agrees to comply with each of the requirements of the program.

(c) The department may deny, for any reason, a request to participate in [the] a program. The department shall make the final determination regarding an offender’s physical or mental ability to withstand the rigors of the program.

(d) If the department determines that an offender’s participation in [the] a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the department, the department may, in its discretion, accept the offender into the program.

(2) The department may suspend an offender from [the] a program for administrative or disciplinary reasons.

(3) When an offender has successfully completed [the] a program, the department may release the offender on post-prison supervision. Successful completion of [the] a program does not relieve the offender from fulfilling any other obligations imposed as part of the sentence including, but not limited to, the payment of restitution and fines.

SECTION 5. ORS 421.510 is amended to read:

421.510. Offenders participating in [the] a program are eligible for transitional leave as provided in ORS 421.168. Notwithstanding the 30-day maximum period allowed in ORS 421.168, the Department of Corrections may grant a transitional leave of up to 90 days for an offender in [the] a program. The offender may not be released on transitional leave more than 90 days prior to the offender’s discharge date.

SECTION 6. ORS 421.512 is amended to read:

421.512. (1) The Department of Corrections shall adopt rules to carry out the provisions of ORS 421.504 and 421.508 and section 2 of this 2003 Act.

(2) The Oregon Criminal Justice Commission shall adopt or amend rules as necessary to integrate the [program] programs into sentencing guidelines.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date January 1, 2004

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