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 1497
A-Engrossed
Senate Bill 267
Ordered by the House June 17
Including House Amendments dated June 17
Sponsored by COMMITTEE ON JUDICIARY (at the request of AFSCME
Council 75)
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.
Creates position on Board on Public Safety Standards and
Training for representative of largest collective bargaining unit
of Department of Corrections.
Creates position on Corrections Policy Committee for female
employee of Department of Corrections employed at women's
correctional facility.
{ + Requires, for biennium beginning July 1, 2005, that
certain percentage of moneys received by Department of
Corrections, Oregon Youth Authority, State Commission on Children
and Families, part of Department of Human Services and Oregon
Criminal Justice Commission be spent on evidence-based programs.
Increases percentages for biennia beginning July 1, 2007, and
July 1, 2009.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to public safety; creating new provisions; amending ORS
181.620 and 181.637; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.620 is amended to read:
181.620. (1) The Governor shall appoint a Board on Public
Safety Standards and Training consisting of { - 23 - } { +
24 + } members as follows:
(a) Two members shall be chiefs of police recommended to the
Governor by the Oregon Association of Chiefs of Police;
(b) One member shall be a sheriff recommended to the Governor
by the Oregon State Sheriffs' Association;
(c) One member shall be a fire chief recommended to the
Governor by the Oregon Fire Chiefs' Association;
(d) One member shall be a representative of the fire service
recommended to the Governor by the Oregon Fire District
Directors' Association;
(e) One member shall be a member of the Oregon State Fire
Fighter's Council recommended to the Governor by the executive
body of the council;
(f) One member shall be a representative of corrections
personnel recommended to the Governor by the Oregon State
Sheriffs' Association;
(g) One member shall be a representative of the fire service
recommended to the Governor by the Oregon Volunteer Fire
Fighters' Association;
(h) One member shall be a representative of public safety
telecommunicators;
(i) One member shall be a district attorney recommended to the
Governor by the Oregon District Attorneys Association;
(j) One member shall be the Superintendent of State Police;
(k) One member shall be the Chief of the Portland Police
Bureau;
(L) One member shall be the State Fire Marshal;
(m) One member shall be the Chief of the Portland Fire Bureau;
(n) One member shall be the Director of the Department of
Corrections;
(o) One member shall be the Special Agent in Charge of the
Federal Bureau of Investigation for Oregon;
(p) One member shall represent forest protection agencies
recommended to the Governor by the State Forestry Department;
(q) One member shall be an administrator of a municipality
recommended to the Governor by the executive body of the League
of Oregon Cities;
(r) Two members shall be nonmanagement representatives of law
enforcement;
(s) One member shall be a public member. A person appointed as
a public member under this section shall be a person:
(A) Who has no personal interest or occupational
responsibilities in the area of responsibility given to the
board; and
(B) Who represents the interests of the public in general;
{ - and - }
(t) Two members shall be representatives of the private
security industry recommended to the Governor by the Advisory
Committee on Private Security Services { + ; and
(u) One member shall be a representative of the collective
bargaining unit that represents the largest number of individual
workers in the Department of Corrections + }.
(2) The term of office of a member is three years, and no
member may be removed from office except for cause. Before the
expiration of the term of a member, the Governor shall appoint
the member's successor to assume the member's duties on July 1
next following. In case of a vacancy for any cause, the Governor
shall make an appointment, effective immediately, for the
unexpired term.
(3) Except for members who serve by virtue of office, no member
shall serve more than two terms. For purposes of this subsection,
a person appointed to fill a vacancy consisting of an unexpired
term of at least one and one-half years has served a full term.
(4) Appointments of members of the board by the Governor,
except for those members who serve by virtue of office, are
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565.
(5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 2. ORS 181.637 is amended to read:
181.637. (1) The Board on Public Safety Standards and Training
shall establish the following policy committees:
(a) Corrections Policy Committee;
(b) Fire Policy Committee;
(c) Police Policy Committee; and
(d) Telecommunications Policy Committee.
(2) The members of each policy committee shall select a
chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board
are eligible to serve as a chairperson or vice chairperson. The
vice chairperson may act as chairperson in the absence of the
chairperson.
(3) The Corrections Policy Committee consists of:
(a) All of the board members who represent the corrections
discipline;
(b) The chief administrative officer of the training division
of the Department of Corrections;
(c) A security manager from the Department of Corrections; and
(d) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon State
Sheriffs' Association;
(B) Two persons recommended by and representing the Oregon Jail
Managers' Association;
(C) One person recommended by and representing a statewide
association of community corrections directors; { - and - }
(D) One nonmanagement corrections officer employed by the
Department of Corrections { + ; and
(E) One corrections officer who is a female, who is employed by
the Department of Corrections at a women's correctional facility
and who is a member of a bargaining unit + }.
(4) The Fire Policy Committee consists of:
(a) All of the board members who represent the fire service
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing a statewide
association of fire instructors;
(B) One person recommended by and representing a statewide
association of fire marshals;
(C) One person recommended by and representing community
college fire programs; and
(D) One nonmanagement firefighter recommended by a statewide
organization of firefighters.
(5) The Police Policy Committee consists of:
(a) All of the board members who represent the law enforcement
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon
Association of Chiefs of Police;
(B) Two persons recommended by and representing the Oregon
State Sheriffs' Association;
(C) One command officer recommended by and representing the
Oregon State Police; and
(D) One nonmanagement law enforcement officer.
(6) The Telecommunications Policy Committee consists of:
(a) All of the board members who represent the
telecommunications discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) Two persons recommended by and representing a statewide
association of public safety communications officers;
(B) One person recommended by and representing the Oregon
Association of Chiefs of Police;
(C) One person recommended by and representing the Oregon State
Police;
(D) Two persons representing telecommunicators;
(E) One person recommended by and representing the Oregon State
Sheriffs' Association;
(F) One person recommended by and representing the Oregon Fire
Chiefs' Association;
(G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Department of
Human Services; and
(H) One person representing paramedics and recommended by a
statewide association dealing with fire medical issues.
(7) In making appointments to the policy committees under this
section, the chairperson of the board shall seek to reflect the
diversity of the state's population. An appointment made by the
chairperson of the board must be ratified by the board before the
appointment is effective. The chairperson of the board may remove
an appointed member for just cause. An appointment to a policy
committee that is based on the member's employment is
automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner
as making an initial appointment. The term of an appointed member
is two years. An appointed member may be appointed to a second
term.
(8) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the
board. A majority of a policy committee constitutes a quorum to
conduct business. A policy committee may create subcommittees if
needed.
(9)(a) Each policy committee shall develop policies,
requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies,
requirements, standards and rules to the board for the board's
consideration. When a policy committee submits a policy,
requirement, standard or rule to the board for the board's
consideration, the board shall:
(A) Approve the policy, requirement, standard or rule;
(B) Disapprove the policy, requirement, standard or rule; or
(C) Defer a decision and return the matter to the policy
committee for revision or reconsideration.
(b) The board may defer a decision and return a matter
submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule
that was returned to a policy committee is resubmitted to the
board, the board shall take all actions necessary to implement
the policy, requirement, standard or rule unless the board
disapproves the policy, requirement, standard or rule.
(c) Disapproval of a policy, requirement, standard or rule
under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
(10) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from
the board's consideration.
SECTION 3. { + As used in this section and section 7 of this
2003 Act:
(1) 'Agency' means:
(a) The Department of Corrections;
(b) The Oregon Youth Authority;
(c) The State Commission on Children and Families;
(d) That part of the Department of Human Services that deals
with mental health and addiction issues; and
(e) The Oregon Criminal Justice Commission.
(2) 'Cost effective' means that cost savings realized over a
reasonable period of time are greater than costs.
(3) 'Evidence-based program' means a program that is based on
scientifically based research and is cost effective.
(4)(a) 'Program' means a treatment or intervention program or
service that is intended to:
(A) Reduce the propensity of a person to commit crimes;
(B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or
need emergency mental health services; or
(C) Reduce the propensity of a person who is less than 18 years
of age to engage in antisocial behavior with the result of
reducing the likelihood that the person will become a juvenile
offender.
(b) 'Program' does not include:
(A) An educational program or service that an agency is
required to provide to meet educational requirements imposed by
state law; or
(B) A program that provides basic medical services.
(5) 'Scientifically based research' means research that obtains
reliable and valid knowledge by:
(a) Employing systematic, empirical methods that draw on
observation or experiment;
(b) Involving rigorous data analyses that are adequate to test
the stated hypotheses and justify the general conclusions drawn;
and
(c) Relying on measurements or observational methods that
provide reliable and valid data across evaluators and observers,
across multiple measurements and observations and across studies
by the same or different investigators. + }
SECTION 4. { + As used in sections 5 and 6 of this 2003 Act, '
agency,' 'cost effective,' 'evidence-based program' and '
program' have the meanings given those terms in section 3 of this
2003 Act. + }
SECTION 5. { + (1) For the biennium beginning July 1, 2005,
the Department of Corrections, the Oregon Youth Authority, the
State Commission on Children and Families, that part of the
Department of Human Services that deals with mental health and
addiction issues and the Oregon Criminal Justice Commission shall
spend at least 25 percent of state moneys that each agency
receives for programs on evidence-based programs.
(2) Each agency shall submit a report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirements of subsection (1) of this section and sections 6
(1) and 7 (1) of this 2003 Act.
(3) The agencies shall submit the reports required by
subsection (2) of this section no later than September 30, 2006,
to the interim legislative committee dealing with judicial
matters.
(4) If an agency, during the biennium beginning July 1, 2005,
spends more than 75 percent of the state moneys that the agency
receives for programs on programs that are not evidence based,
the Legislative Assembly shall consider the agency's failure to
meet the requirement of subsection (1) of this section in making
appropriations to the agency for the following biennium.
(5) Each agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules
defining a reasonable period of time for purposes of determining
cost effectiveness. + }
SECTION 6. { + (1) For the biennium beginning July 1, 2007,
the Department of Corrections, the Oregon Youth Authority, the
State Commission on Children and Families, that part of the
Department of Human Services that deals with mental health and
addiction issues and the Oregon Criminal Justice Commission shall
spend at least 50 percent of state moneys that each agency
receives for programs on evidence-based programs.
(2) Each agency shall submit a report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirements of subsection (1) of this section and section 7
(1) of this 2003 Act.
(3) The agencies shall submit the reports required by
subsection (2) of this section no later than September 30, 2008,
to the interim legislative committee dealing with judicial
matters.
(4) If an agency, during the biennium beginning July 1, 2007,
spends more than 50 percent of the state moneys that the agency
receives for programs on programs that are not evidence based,
the Legislative Assembly shall consider the agency's failure to
meet the requirement of subsection (1) of this section in making
appropriations to the agency for the following biennium.
(5) Each agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules
defining a reasonable period of time for purposes of determining
cost effectiveness. + }
SECTION 7. { + (1) The Department of Corrections, the Oregon
Youth Authority, the State Commission on Children and Families,
that part of the Department of Human Services that deals with
mental health and addiction issues and the Oregon Criminal
Justice Commission shall spend at least 75 percent of state
moneys that each agency receives for programs on evidence-based
programs.
(2) Each agency shall submit a biennial report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirement of subsection (1) of this section.
(3) The agencies shall submit the reports required by
subsection (2) of this section no later than September 30 of each
even-numbered year to the interim legislative committee dealing
with judicial matters.
(4) If an agency, in any biennium, spends more than 25 percent
of the state moneys that the agency receives for programs on
programs that are not evidence based, the Legislative Assembly
shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the
agency for the following biennium.
(5) Each agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules
defining a reasonable period of time for purposes of determining
cost effectiveness. + }
SECTION 8. { + The provisions of section 7 of this 2003 Act
apply to biennia beginning on or after July 1, 2009. + }
SECTION 9. { + (1) As used in this section, 'agency, ' '
evidence-based program' and 'program' have the meanings given
those terms in section 3 of this 2003 Act.
(2) Each agency shall conduct an assessment of existing
programs and establish goals that enable the agency to meet the
requirements of sections 5 (1), 6 (1) and 7 (1) of this 2003 Act.
Each agency shall work with interested persons to establish the
goals and to develop a process for meeting the goals.
(3) No later than September 30, 2004, each agency shall submit
a report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirements of sections 5 (1), 6 (1) and 7 (1) of this 2003
Act. + }
SECTION 10. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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