Chapter 688 Oregon Laws 2007
AN ACT
HB 3420
Relating to juvenile departments; creating new provisions; amending ORS
419C.001; and declaring an emergency.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 419C.001 is amended to read:
419C.001. (1) The
Legislative Assembly declares that in delinquency cases, the purposes of the
Oregon juvenile justice system from apprehension forward are to protect the
public and reduce juvenile delinquency and to provide fair and impartial
procedures for the initiation, adjudication and disposition of allegations of
delinquent conduct. The system is founded on the principles of personal
responsibility, accountability and reformation within the context of public
safety and restitution to the victims and to the community. The system shall
provide a continuum of services that emphasize prevention of further criminal
activity by the use of early and certain sanctions, reformation and
rehabilitation programs and swift and decisive intervention in delinquent behavior.
The system shall be open and accountable to the people of Oregon and their
elected representatives.
(2)(a) Programs,
policies and services shall be regularly and independently audited. [as to their effectiveness in providing
public safety and preventing a youth’s return to criminal behavior. The
Secretary of State shall select and oversee the auditors.] Audits performed
under this subsection must include program audits and performance audits, as
defined in ORS 297.070. Programs, policies and services that were established
before, on or after June 30, 1995, are subject to audit under this subsection.
(b) The programs,
policies and services of county juvenile departments shall be [audited] subject to regular review
pursuant to this subsection.
(c) The Secretary of
State shall perform an audit that includes the performance of county juvenile
departments.
[(c)] (d) ORS 297.405 to 297.555 do not apply to an audit
conducted pursuant to this subsection.
(e) Notwithstanding
ORS 297.040, the costs and expenses of audits conducted under this subsection
may not be charged to the county juvenile departments. The Secretary of State
shall pay the costs and expenses of audits conducted under this subsection from
funds available to the Secretary of State.
(3) To facilitate an
audit under subsection (2) of this section:
(a) The Secretary of
State may subpoena witnesses, require the production of books and papers and
the rendering of reports in such manner and form as the Secretary of State
requires and may do all things necessary to secure a full and thorough
investigation.
(b) The custodian of
information that the Secretary of State deems necessary to conduct the audit
shall provide the Secretary of State or the auditor selected by the Secretary
of State access to the information notwithstanding the fact that the
information may be made confidential or access to the information restricted by
ORS 419A.255 or another law. Information obtained by the Secretary of State or
the auditor pursuant to this paragraph and made confidential by ORS 419A.255 or
another law may be used by the Secretary of State, the officers and employees
of the Secretary of State or the auditor solely for the purpose of performing
the audit required by subsection (2) of this section and may not be used or
disclosed for any other purpose.
SECTION 2. (1)
The Secretary of State shall perform an audit that includes no fewer than four
counties each biennium during the 2007-2009 and 2009-2011 biennia.
(2) No later than
September 1, 2010, the Secretary of State shall submit to the Legislative
Assembly a report containing the results of the audits of county juvenile
departments and including recommendations for the most efficient collection of
future audit data.
SECTION 3. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect July 1, 2007.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date July 1, 2007
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