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 328
A-Engrossed
Senate Bill 19
Ordered by the Senate March 24
Including Senate Amendments dated March 24
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.
Establishes when youth offenders and persons alleged to be
within jurisdiction of juvenile court may be detained in place
where adults are detained.
A BILL FOR AN ACT
Relating to juveniles; creating new provisions; and amending ORS
169.740, 419A.063, 419C.130 and 419C.453.
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 chapter 419C. + }
SECTION 2. { + (1) A juvenile court may order a person who is
18 years of age or older and alleged to be within the
jurisdiction of the juvenile court under ORS 419C.005 to be
detained in a jail or other place where adults are detained only
in those circumstances in which the juvenile court could detain a
youth before adjudication on the merits in a detention facility.
(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.
(3) The court may not detain a person under subsection (1) of
this section if, except for the person's age, the person would be
eligible for release under ORS 419C.145.
(4) The provisions of ORS 419C.153 apply to a person detained
under subsection (1) of this section except that a person
detained under subsection (1) of this section has the right to
appear in person at any hearing held under ORS 419C.153.
(5) The provisions of ORS 419C.150 apply to a person detained
under subsection (1) of this section.
(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. + }
SECTION 3. ORS 419C.453 is amended to read:
419C.453. { + (1) + } Pursuant to { + a + } hearing, the
juvenile court may order a youth { - 12 years of age or
older - } { + offender + } placed in a detention facility for
youths for a specific period of time not to exceed eight days, in
addition to time already spent in the facility, unless a program
plan that is in conformance with standards established by the
Oregon Criminal Justice Commission has been filed with and
approved by the commission, in which case the youth { +
offender + } may be held in detention for a maximum of 30 days in
addition to time already spent in the facility, when:
{ - (1) - } { + (a) + } The youth { + offender + } has
been found to be within the jurisdiction of the juvenile court by
reason of having committed an act which would be a crime if
committed by an adult; or
{ - (2) - } { + (b) + } The youth { + offender + } has
been placed on formal probation for an act which would be a crime
if committed by an adult, and has been found to have violated a
condition of that probation.
{ + (2) Pursuant to a hearing, the juvenile court may order a
youth offender who is at least 18 years of age placed in a jail
or other place where adults are detained. The placement must be
for a specific period of time and may not exceed eight days in
addition to time already spent in a juvenile detention facility
or jail. The court may order placement under this subsection
when:
(a) The youth offender has been found to be within the
jurisdiction of the juvenile court by reason of having committed
an act which would be a crime if committed by an adult; or
(b) The youth offender has been placed on formal probation for
an act which would be a crime if committed by an adult, and has
been found to have violated a condition of that probation.
(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. + }
SECTION 7. { + Section 2 of this 2003 Act and the amendments
to ORS 169.740, 419A.063, 419C.130 and 419C.453 by sections 3 to
6 of this 2003 Act apply to persons detained on or after the
effective date of this 2003 Act. + }
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