72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 19
LC 328/SB 19-1
SENATE AMENDMENTS TO
SENATE BILL 19
By COMMITTEE ON JUDICIARY
March 24
On page 1 of the printed bill, line 2, after 'ORS' insert '
169.740, 419A.063, 419C.130 and'.
Delete lines 9 through 18 and insert:
' (2) In order to detain a person under subsection (1) of this
section, the court shall make case-specific findings at a hearing
under ORS 419C.145 that placement in a jail or other place where
adults are detained meets the specific needs of the person
alleged to be within the jurisdiction of the court.'.
After line 25, insert:
' (6) As used in this section, 'adult' does not include a
person who is 18 years of age or older and is alleged to be, or
has been found to be, within the jurisdiction of the juvenile
court under ORS 419C.005.'.
On page 2, delete lines 17 through 27 and insert:
' (3) In order to detain a youth offender under subsection (2)
of this section, the court shall make case-specific findings that
placement in a jail or other place where adults are detained
meets the specific needs of the youth offender.
' (4) As used in this section, 'adult' does not include a
person who is 18 years of age or older and is alleged to be, or
has been found to be, within the jurisdiction of the juvenile
court under ORS 419C.005.
' { + SECTION 4. + } ORS 419C.130 is amended to read:
' 419C.130. (1) { - No youth shall - } { + A youth or youth
offender may not + } be detained at any time in a police station,
jail, prison or other place where adults are detained, except as
follows:
' (a) A youth { + or youth offender + } may be detained in a
police station for up to five hours when necessary to obtain the
{ - youth's - } { + youth or youth offender's + } name, age,
residence and other identifying information.
' (b) A youth waived under ORS 419C.349 or 419C.364 to the
court handling criminal actions or to municipal court may be
detained in a jail or other place where adults are detained,
except that any such person under 16 years of age shall, prior to
conviction or after conviction but prior to execution of
sentence, be detained, if at all, in a facility used by the
county for the detention of youths.
' { + (c) When detention is authorized by ORS 419C.453, a
youth offender may be detained in a jail or other place where
adults are detained. + }
' (2) { - No - } { + A + } youth waived to the court
handling criminal actions or to municipal court pursuant to a
standing order of the juvenile court under ORS 419C.370,
including a youth accused of nonpayment of fines, { - shall - }
{ + may not + } be detained in a jail or other place where
adults are detained.
' { + (3) As used in this section, 'adult' does not include a
person who is 18 years of age or older and is alleged to be, or
has been found to be, within the jurisdiction of the juvenile
court under ORS 419C.005. + }
' { + SECTION 5. + } ORS 169.740 is amended to read:
' 169.740. (1) The standards established in ORS 169.076 to
169.078 { - shall - } apply to juveniles detained in juvenile
detention facilities.
' (2) In addition, juvenile detention facilities shall:
' (a) Provide for personal inspection of each juvenile at least
once each hour unless a particular situation requires more
frequent inspection;
' (b) Provide for personal or electronically monitored
supervision on each floor where juveniles are detained;
' (c) Provide for separation of detained juveniles from the
sight and sound of detained adults. Juveniles { - shall - }
{ + may + } not be placed in facilities that are designated for
isolation of adult prisoners in order to meet this standard;
' (d) Provide for unrestricted contact between 8 a.m. and 5
p.m. for a period of not less than five hours per day between
detained juveniles and their attorneys and unrestricted attorney
access to the facility for private attorney-client consultation;
' (e) Unless otherwise ordered by the juvenile court following
a hearing, provide for the private and unrestricted receipt of
and sending of mail; except that incoming mail may be opened in
the presence of the juvenile upon reasonable suspicion to believe
that the mail contains contraband as defined in ORS 162.135 (1)
and that incoming packages shall be opened in the presence of the
juvenile and their contents may be held until the juvenile is
released. The juvenile shall be informed of any confiscated
contraband;
' (f) Provide for the payment of postage for the juvenile's
mail to an attorney or to federal, state, county or municipal
government officials;
' (g) Provide for nondispositional counseling and physical
exercise of any juvenile held in excess of five judicial days and
cause access to the juvenile held in excess of five judicial days
for education pursuant to ORS 336.585;
' (h) Provide for the free exercise of religion by a detained
juvenile, unless such provision will cause a threat to the
security of the facility or a threat of disorderly conduct within
the facility;
' (i) Make a written report, one copy of which shall be
maintained in a general log, of each use of physical force,
restraint, isolation, roomlock or internal search, setting forth
in detail the reason such action was taken and the name of the
staff person taking such action;
' (j) Notify the attorney and the parent or guardian of the
detained juvenile after the use of any physical force, restraint,
isolation or internal search upon the juvenile both:
' (A) As soon as reasonable after the use thereof; and
' (B) By mailing a copy of the written report within 24 hours
after the use thereof;
' (k) For juveniles detained in an adult correctional facility,
provide for in-person contact by juvenile department staff within
24 hours of the juvenile's admission and on a daily basis for as
long as the juvenile shall remain in the facility; and
' (L) Provide for counseling of any detained juvenile found to
be within the jurisdiction of the court.
' { + (3) As used in this section:
' (a) 'Adult' does not include a person who is 18 years of age
or older and is alleged to be, or has been found to be, within
the jurisdiction of the juvenile court under ORS 419C.005.
' (b) 'Juvenile' means a person alleged to be within the
jurisdiction of the juvenile court under ORS 419C.005 and a youth
offender. + }
' { + SECTION 6. + } ORS 419A.063 is amended to read:
' 419A.063. (1) The juvenile court { - shall - } { +
may + } not place a
{ - child - } { + youth offender + } in a detention facility
{ - for children - } under ORS 419C.453 unless the facility:
' (a) Houses { - children - } { + youth offenders + } in a
room or ward screened from the sight and sound of adults who may
be detained in the facility; and
' (b) Is staffed by juvenile department employees.
' (2) In no case may the court order, pursuant to ORS 419C.453,
that a { - child - } { + youth offender + } under 14 years of
age be placed in any detention facility in which adults are
detained or imprisoned.
' { + (3) As used in this section, 'adult' does not include a
person who is 18 years of age or older and is alleged to be, or
has been found to be, within the jurisdiction of the juvenile
court under ORS 419C.005. + } ' .
In line 28, delete '4' and insert '7' and delete ' 419C.453 by
section' and insert '169.740, 419A.063, 419C.130 and 419C.453 by
sections'.
In line 29, after '3' insert 'to 6'.
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