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 136
Senate Bill 16
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary)
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.
Creates Criminal Justice Research and Policy Institute within
Mark O. Hatfield School of Government. Establishes Oregon
Criminal Justice Advisory Committee to advise and assist
institute. Expands list of priorities for which moneys in
Criminal Fine and Assessment Public Safety Fund may be allocated.
A BILL FOR AN ACT
Relating to Criminal Justice Research and Policy Institute;
creating new provisions; and amending ORS 137.302 and 352.066.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 352.066 is amended to read:
352.066. (1) Pursuant to ORS 351.870, there is created within
the Department of Higher Education the Mark O. Hatfield School of
Government. The Mark O. Hatfield School of Government shall be
administered by Portland State University.
(2) The { - purpose - } { + purposes + } of the Mark O.
Hatfield School of Government { - is - } { + are + } to { + :
(a) + } Prepare students for careers in political service,
public administration and the administration of justice { + ; and
(b) Assist the Criminal Justice Research and Policy Institute
in carrying out the purposes listed in subsection (3) of this
section + }.
{ + (3) There is created within the Mark O. Hatfield School
of Government the Criminal Justice Research and Policy Institute.
The purposes of the institute are to assist the Legislative
Assembly and state and local governments in developing policies
to reduce crime and delinquency by:
(a) Providing the Legislative Assembly with cost-benefit
analyses of state criminal justice policies;
(b) Evaluating programs, including but not limited to childhood
development programs, funded directly or indirectly by the State
of Oregon that are intended to reduce criminal and delinquent
behavior;
(c) Managing reviews and evaluations relating to major
long-term issues confronting the state involving criminal and
juvenile justice and early childhood development programs;
(d) Initiating, sponsoring, conducting and publishing research
on criminal and juvenile justice and early childhood development
that is directly useful to policymakers;
(e) Organizing conferences on current state issues that bring
together policymakers and leading academicians; and
(f) Seeking to strengthen the links between the Legislative
Assembly, state and local governments and the Oregon academic
community in the interest of more informed policymaking and more
relevant academic research.
(4) The Governor, the Chief Justice of the Supreme Court, the
President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee
with responsibility over criminal or juvenile justice systems or
childhood development programs may request the assistance of the
Criminal Justice Research and Policy Institute in the evaluation
of a state-funded program, including but not limited to a
childhood development program, intended to reduce crime or
delinquency. + }
SECTION 2. { + (1) The Oregon Criminal Justice Advisory
Committee is established to advise and assist the Criminal
Justice Research and Policy Institute in carrying out the duties
under ORS 352.066 (3). The advisory committee consists of 10
members as follows:
(a) Two members of the Senate, one of whom is a Republican and
one of whom is a Democrat, appointed by the President of the
Senate;
(b) Two members of the House of Representatives, one of whom is
a Republican and one of whom is a Democrat, appointed by the
Speaker of the House of Representatives;
(c) Two persons appointed by the Governor;
(d) The Chief Justice of the Supreme Court or the Chief
Justice's designee;
(e) One person appointed by the President of the Senate who is
not a member of the Legislative Assembly;
(f) One person appointed by the Speaker of the House of
Representatives who is not a member of the Legislative Assembly;
and
(g) One person appointed by the President of Portland State
University.
(2)(a) The term of office of each nonlegislative member of the
advisory committee is two years. Before the expiration of the
term of a nonlegislative member, the appointing authority shall
appoint a successor whose term begins on September 1 next
following. A nonlegislative member is eligible for reappointment.
If a vacancy occurs for any reason, the appointing authority
shall make an appointment to become effective immediately for the
unexpired term. The advisory committee may remove any
nonlegislative member if the member misses three consecutive
meetings without prior approval of the chairperson of the
advisory committee.
(b) The President of the Senate and the Speaker of the House of
Representatives shall appoint their respective legislative
members in January at the commencement of each biennial
legislative session. The term of the Legislative Assembly
appointees runs until the commencement of the next biennial
legislative session unless the legislative member leaves
legislative office. A legislative member is eligible for
reappointment. If a vacancy occurs for any reason, the appointing
authority shall appoint another legislative member to the
advisory committee. The appointment becomes effective immediately
for the unexpired term. The appointing authority may remove a
legislative member appointed by the authority if the member
misses three consecutive meetings without prior approval of the
chairperson of the advisory committee.
(3) The advisory committee shall elect from among its members a
chairperson and vice chairperson, who have the powers and duties
determined by the advisory committee.
(4) A majority of the members of the advisory committee
constitutes a quorum for the transaction of business.
(5) Subject to the availability of funds appropriated for that
purpose, a member of the advisory committee who is otherwise
authorized to receive a per diem under ORS 292.495 shall receive
a per diem not to exceed $150 in addition to reasonable and
necessary travel expenses incurred in the performance of official
duties.
(6) The advisory committee shall meet at least once every six
months at a place, day and hour determined by the advisory
committee. The advisory committee shall meet at other times and
places specified by the call of the chairperson of the advisory
committee or a majority of the members of the advisory committee.
(7) The Criminal Justice Research and Policy Institute shall
provide staff for the advisory committee. + }
SECTION 3. { + Notwithstanding section 2 (2)(b) of this 2003
Act, the President of the Senate and the Speaker of the House of
Representatives may appoint their respective legislative members
on the effective date of this 2003 Act. Those members shall serve
until the legislative members are appointed at the commencement
of the next biennial legislative session in January 2005 as
provided in section 2 (2)(b) of this 2003 Act. + }
SECTION 4. ORS 137.302 is amended to read:
137.302. (1) The Criminal Fine and Assessment Public Safety
Fund is established separate and distinct from the General Fund.
The Criminal Fine and Assessment Public Safety Fund consists of
moneys deposited in the fund pursuant to ORS 137.300 (2). All
moneys in the fund are continuously appropriated to the
Department of Revenue to be distributed according to allocations
made by the Legislative Assembly and as necessary under
subsection (5) of this section.
(2) The Legislative Assembly shall allocate moneys in the fund
according to the following priority:
(a) Public safety standards, training and facilities;
(b) Criminal injuries compensation and assistance to victims of
crime and children reasonably suspected of being victims of
crime;
{ + (c) The Criminal Justice Research and Policy Institute
for the purpose of carrying out the provisions of ORS 352.066 (3)
and (4) and section 2 of this 2003 Act; + }and
{ - (c) - } { + (d) + } The Emergency Medical Services
Enhancement Account established under ORS 442.625.
(3) Moneys in the fund may not be allocated for any purpose
other than those listed in subsection (2) of this section.
(4) In making allocations under subsection (2) of this section,
the Legislative Assembly shall first allocate sufficient moneys
to pay debt service obligations authorized by prior sessions of
the Legislative Assembly, or by Emergency Board action, to be
paid by moneys in the Criminal Fine and Assessment Public Safety
Fund.
(5) If there are insufficient moneys in the fund to enable the
department to distribute the full amount of the allocations made
pursuant to subsection (2) of this section, the department shall
distribute moneys to pay the debt service obligations described
in subsection (4) of this section before making any other
distributions.
(6) Notwithstanding ORS 293.190, moneys in the fund that are in
excess of the distributions required by this section do not
revert to the General Fund but remain in the Criminal Fine and
Assessment Public Safety Fund and are available for future
allocation under subsection (2) of this section.
(7) The department shall establish by rule a process for
distributing available moneys in the Criminal Fine and Assessment
Public Safety Fund.
----------