74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 189
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 Department of Corrections)
CHAPTER ................
AN ACT
Relating to corrections education; creating new provisions;
amending ORS 421.081, 421.084, 421.121 and 423.085; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Corrections Education Advisory Committee is
abolished. + }
SECTION 2. ORS 421.081 is amended to read:
421.081. { - (1) A Corrections Education Advisory Committee
is established. Membership of the committee consists of: - }
{ - (a) The Administrator of Correctional Education, who
shall be the chairperson of the committee; - }
{ - (b) The Superintendent of Public Instruction, or a person
designated by the superintendent; - }
{ - (c) The Commissioner for Community College Services, or a
person designated by the commissioner; - }
{ - (d) The chairperson of the State Board of Parole and
Post-Prison Supervision, or a person designated by the
chairperson; and - }
{ - (e) A public member, to be appointed by the Governor,
with professional experience in correctional education. - }
{ - (2) - } { + (1) + } The Administrator of Correctional
Education shall plan, design and implement a correctional
{ - educational delivery - } { + education + } system that can
be operated within the existing correctional institutions for
inmates of those institutions. { - The Corrections Education
Advisory Committee shall advise the administrator in the
planning, design and implementation. - }
{ - (3)(a) - } { + (2)(a) + } The primary objective of the
correctional education system is the { - functional
literacy - } { + adult basic skills development + } program
{ - created - } { + described + } in ORS 421.084.
(b) The secondary objective is to provide professional and
technical education that will { - insure - } { + ensure + }
that inmates who complete the professional and technical program
will possess, at a minimum, entry-level marketable professional
and technical skills in an occupational field for which there is
a demand in this state.
Enrolled Senate Bill 189 (SB 189-INTRO) Page 1
{ - (4) The Administrator of Correctional Education shall
provide staff for the committee and shall have administrative
control and accountability for the work of the committee. - }
SECTION 3. ORS 421.084 is amended to read:
421.084. (1) { - The Corrections Education Advisory Committee
shall assist in the development, and - } The Administrator of
Correctional Education shall { - design a functional
literacy - } { + administer an adult basic skills
development + } program for all individuals in the custody of the
Department of Corrections. The program shall:
(a) Test individuals for { - functional literacy level - }
{ + basic reading and mathematics skills or, for individuals
with limited English language proficiency, English speaking
skills + }. Testing for basic intelligence, learning
disabilities, developmental disabilities and adaptive behavior
skills shall be administered as needed except that the
administrator may accept equivalent test results from other
sources;
(b) Except as provided in subsection (2) of this section, be
mandatory for all individuals testing below { - a functional
literacy level which is defined as a score of 230 on the Oregon
Basic Adult Skills Inventory System functional literacy test
or - } a 8.0 grade equivalency on { - other standardized
tests - } { + a standardized reading test approved by the
National Reporting System for Adult Education of the United
States Department of Education and by the Adult Basic Skills
Program of the Department of Community Colleges and Workforce
Development + };
{ - (c) Consist of a minimum of 90 days of instruction in
functional literacy consisting of one and one-half hours of
instruction per day for five days per week, provide progress
testing and certification and provide for voluntary attendance
beyond the 90-day minimum program; - }
{ + (c) Provide progress testing and certification; + }
(d) Provide strong incentives for entering { - and
successfully completing the literacy - } { + the + } program
and for { - continuing in the program beyond the 90-day minimum
period - } { + achieving the minimum reading level and, for
those individuals with demonstrated ability, provide incentives
for making progress toward earning a General Educational
Development (GED) certificate + }; and
(e) Maintain records of an individual's achievement in the
program and make those records available to the State Board of
Parole and Post-Prison Supervision.
(2) Testing for { - functional literacy level - } { + basic
skills + } and participation in the { - functional literacy - }
{ + adult basic skills development + } program are not required
for inmates:
(a) Sentenced to { + or otherwise confined by the department
for + } less than one year;
(b) Sentenced to life imprisonment without parole;
(c) Sentenced to death; { - or - }
(d) Who are developmentally disabled { - . - } { + ; or
(e) Who are specifically exempted by the Department of
Corrections for security or health reasons. + }
{ - (3) For the purposes of this section, 'functional
literacy' means those educational skills necessary to function
independently in society, including but not limited to, reading,
writing, comprehension and arithmetic computation. - }
SECTION 4. ORS 423.085 is amended to read:
Enrolled Senate Bill 189 (SB 189-INTRO) Page 2
423.085. (1) The Director of the Department of Corrections
shall appoint an unclassified employee to the position of
Administrator of Correctional Education.
(2) The Administrator of Correctional Education shall be
employed full-time with authority over, and responsibility for,
statewide corrections education programs. The administrator
shall:
{ - (a) Chair the Corrections Education Advisory Committee
created in ORS 421.081; - }
{ - (b) - } { + (a) + } Plan, design and implement the
correctional education { - programs - } { + system + }
required in ORS 421.081; and
{ - (c) - } { + (b) + } Recommend to the Director of the
Department of Corrections rules as necessary to carry out the
responsibilities of the office of Administrator of Correctional
Education.
(3)(a) The Department of Corrections, through the Administrator
of Correctional Education, may negotiate contracts with
organizations and agencies to implement the provisions of ORS
421.081 { - , - } { + and + } 421.084 and this section. The
Department of Corrections, in discharging its duties under this
section, shall honor provisions of existing collective bargaining
agreements with current employees of the department that provide
for contracting out.
(b) All moneys appropriated to the Department of Corrections
for general, professional and technical education instruction
shall be expended only for those purposes.
SECTION 5. ORS 421.121 is amended to read:
421.121. (1) Except as provided in ORS 137.635, each inmate
sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, { - shall
be - } { + is + } eligible for a reduction in the term of
incarceration for appropriate institutional behavior, as defined
by rule of the Department of Corrections, and for participation
in the
{ - functional literacy - } { + adult basic skills
development + } program described in ORS 421.084.
(2) The maximum amount of time credits earned for appropriate
institutional behavior or for participation in the
{ - functional literacy - } { + adult basic skills
development + } program described in ORS 421.084 { - shall - }
{ + may + } not exceed 20 percent of the total term of
incarceration in a Department of Corrections institution.
(3) The time credits { - shall - } { + may + } not be used
to shorten the term of actual prison confinement to less than six
months.
(4) The department shall adopt rules pursuant to the rulemaking
provisions of ORS chapter 183 to establish a process for
granting, retracting and restoring the time credits earned by the
offender as allowed in subsections (1) to (3) of this section.
SECTION 6. { + 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 on its
passage. + }
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Enrolled Senate Bill 189 (SB 189-INTRO) Page 3
Passed by Senate February 26, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 21, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 189 (SB 189-INTRO) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 189 (SB 189-INTRO) Page 5