72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2784
 
                         House Bill 3343
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  State Sheriffs Association)
 
 
                             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 as
introduced.
 
  Requires court, without considering person's ability to pay, to
enter judgment for costs incurred by city or county in
safekeeping and maintaining person in jail when city or county
seeks reimbursement of such costs.
 
                        A BILL FOR AN ACT
Relating to local corrections; amending ORS 169.151.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 169.151 is amended to read:
  169.151. (1) A city or, notwithstanding ORS 169.150 (1), a
county may seek reimbursement from a person who is or was
  { - committed to - }  { +  confined in + } the local
correctional facility of the county or city upon conviction of a
crime for any expenses incurred by the county or city in
safekeeping and maintaining the person. The county or city may
seek reimbursement:
  (a) At a rate of $60 per day or its actual daily cost of
safekeeping and maintaining the person, whichever is less,
multiplied by the total number of days the person was confined to
the local correctional facility, including, but not limited to,
any period of pretrial detention; and
  (b) For any other charges or expenses that the county or city
is entitled to recover under ORS 169.150.
  (2) The county or city may seek reimbursement for expenses as
provided in subsection (1) of this section by filing a civil
action no later than one year after the person from whom
reimbursement is sought is released from the local correctional
facility.
  (3) When a person is found liable for expenses described in
subsection (1) of this section and an amount is determined, the
court shall  { + enter judgment for the full amount determined,
plus costs and disbursements, without considering the person's
ability to pay. + }
  { - , before entering a judgment against the person, allow the
person to present evidence on the issue of the person's ability
to pay.  When a person presents such evidence, the court shall
determine the person's ability to pay taking into
consideration: - }
    { - (a) The financial resources of the person and the burden
that payment will impose on the person in providing basic
economic necessities to the person or the person's dependent
family; and - }
    { - (b) Any other monetary obligations imposed upon the
person by the court as a result of the conviction for which the
person was committed to the local correctional facility. - }
    { - (4) The court, and not a jury, shall determine the
defendant's ability to pay under subsection (3) of this
section. - }
    { - (5) Upon the conclusion of a proceeding under subsection
(3) of this section, the court may enter a judgment: - }
    { - (a) Of dismissal if the court finds that the person lacks
the ability to pay; - }
    { - (b) For less than the full amount determined if the court
finds that the person has the ability to pay a portion of the
amount; or - }
    { - (c) For the full amount determined, plus costs and
disbursements, if the court determines the person has the ability
to pay. - }
    { - (6) - }  { +  (4) + } Any reimbursements collected under
this section must be credited to the general fund of the county
or city to be available for general fund purposes.
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