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 571
 
                         Senate Bill 169
 
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 Governor Theodore R.
  Kulongoski for Oregon Youth Authority)
 
 
                             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.
 
  Modifies language relating to responsibility of Oregon Youth
Authority to provide basic needs and opportunities for
self-improvement and work to persons in youth authority's
physical custody.
 
                        A BILL FOR AN ACT
Relating to Oregon Youth Authority; amending ORS 420A.010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 420A.010 is amended to read:
  420A.010. (1) The Oregon Youth Authority is established. The
youth authority shall:
  (a) Supervise the management and administration of youth
correction facilities, state parole and probation services,
community out-of-home placement for youth offenders and other
functions related to state programs for youth corrections;
  (b) Provide capital improvements and capital construction
necessary for the implementation of all youth correction
facilities;
  (c) Carry out dispositions of youth offenders committed to its
legal custody;
  (d) Exercise custody and supervision over those youth offenders
committed to the youth authority by order of the juvenile court
and persons placed in the physical custody of the youth authority
under ORS 137.124 or other statute until the time that a lawful
release authority authorizes release or terminates the commitment
or placement;
  (e) Provide adequate food, clothing, health and medical care,
sanitation and security for   { - confined - }  youth offenders
and others
  { - in youth authority custody - }  { +  confined in youth
correction facilities + };
  (f) Provide youth offenders and others   { - in youth authority
custody - }  { +  confined in youth correction facilities + }
with opportunities for self-improvement and work; and
  (g) Conduct investigations and prepare reports for release
authorities.
 
  (2) To meet the individual circumstances of each person
committed to its custody, the youth authority shall:
  (a) Develop a flexible fee-for-service provider system that can
respond quickly to each person's identified and changing
circumstances; and
  (b) Develop a process for joint state and county review of
contracts entered into under subsection (6)(b) of this section
and paragraph (a) of this subsection based on:
  (A) Measurable outcomes, which must include in dominant part
the reduction of future criminal or antisocial conduct and which
also must include:
  (i) Academic progress;
  (ii) Social adjustments;
  (iii) Behavioral improvements;
  (iv) Rearrests; and
  (v) Other measurements as determined by the youth authority;
  (B) Performance measurements including:
  (i) Fiscal accountability;
  (ii) Compliance with state and federal regulations;
  (iii) Record keeping, including data collection and management;
and
  (iv) Reporting; and
  (C) Provision of services identified under the reformation
plan.
  (3) In order to measure performance as required in subsection
(2) of this section, the youth authority shall require parties to
the contracts to compile, manage and exchange data to the extent
of available information systems resources to facilitate the
measurement of outcomes including, but not limited to, reduction
in future criminal or antisocial conduct.
  (4) The youth authority may administer a program of state
assistance to counties for the construction and operation of
local youth detention facilities or to purchase detention
services.
  (5) The youth authority shall accept and exercise legal or
physical custody of youth offenders and others 12 years of age
and over and under 25 years of age who are committed to, or
placed with, the youth authority pursuant to:
  (a) A juvenile court adjudication and disposition under ORS
chapter 419C; or
  (b) ORS 137.124.
  (6)(a) The youth authority shall cooperate with and assist
county governments and juvenile departments in carrying out the
principles and purposes of the juvenile justice system as
provided in ORS 419C.001.
  (b) The youth authority is authorized to contract with
counties, groups of counties or private providers to administer
juvenile corrections programs and services as provided in ORS
420.017, 420.019, 420A.145 and 420A.155 (1) to (4).
  (c) The youth authority may provide consultation services
related to the juvenile justice system to local or statewide
public or private agencies, groups and individuals or may
initiate such consultation services. Consultation services
include, but are not limited to, conducting studies and surveys,
sponsoring or participating in educational programs and providing
advice and assistance. Nothing in ORS 419C.001 and 420A.005 to
420A.155 is intended to diminish the state's efforts to plan,
evaluate and deliver effective human services programs to youth
offenders, either in a youth correction facility or on probation
or parole.  Therefore, the Oregon Youth Authority and the
Department of Human Services shall jointly develop and implement
needed social and rehabilitative services.
  (7) The youth authority shall be the recipient of all federal
funds paid or to be paid to the state to enable the state to
provide youth correction programs and services assigned to the
Department of Human Services prior to January 1, 1996.
  (8) The youth authority shall report its progress in
implementing the provisions of chapter 422, Oregon Laws 1995, to
the Legislative Assembly at each regular session.
  (9) The equal access provisions of ORS 417.270 apply to the
youth authority's development and administration of youth
correction facilities, programs and services, including the
development and implementation of the statewide diversion plan
described in ORS 420.017.
  (10) The youth authority shall:
  (a) Be cognizant of and sensitive to the issue of
overrepresentation of minority youth in youth correction
facilities;
  (b) Endeavor to develop and operate, and require its
subcontractors to develop and operate, culturally appropriate
programs for youth offenders; and
  (c) Keep data reflecting the ethnicity and gender of all youth
offenders committed to its care.
  (11) The youth authority is a designated agency as defined in
ORS 181.010.
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