74th OREGON LEGISLATIVE ASSEMBLY--2007 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 399-1
Senate Bill 319
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 Senate 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 as
introduced.
Changes name of drug court program to treatment court program.
Expands program to include participants with mental health issues
or other issues appropriate for treatment and accountability.
A BILL FOR AN ACT
Relating to treatment court programs; amending ORS 3.450,
137.656, 475A.120 and 475A.126.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 3.450 is amended to read:
3.450. (1) As used in this section, ' { - drug - }
{ + treatment + } court program' means a program in which:
(a) Individuals who are before the court obtain treatment for
substance abuse { + or mental health + } issues { + , or other
issues for which the court deems treatment and accountability
appropriate, + } and report regularly to the court on the
progress of their treatment; and
(b) A local { - drug - } { + treatment + } court team,
consisting of the court, agency personnel and treatment and
service providers, monitors the individuals' participation in
treatment { + and holds them accountable for their actions + }.
(2)(a) The governing body of a county or a treatment provider
may establish fees that individuals participating in a
{ - drug - } { + treatment + } court program may be required to
pay for treatment and other services provided as part of the
{ - drug - } { + treatment + } court program.
(b) A court may order an individual participating in a
{ - drug - } { + treatment + } court program to pay fees to
participate in the program. Fees imposed under this subsection
may not be paid to the court.
(3) Records that are maintained by the circuit court
specifically for the purpose of a { - drug - }
{ + treatment + } court program must be maintained separately
from other court records. Records maintained by a circuit court
specifically for the purpose of a
{ - drug - } { + treatment + } court program are confidential
and may not be disclosed except in accordance with regulations
adopted under 42 U.S.C. 290dd-2, including under the
circumstances described in subsections (4) to (6) of this
section.
(4) If the individual who is the subject of the record gives
written consent, a record described in subsection (3) of this
section may be disclosed to members of the local { - drug - }
{ + treatment + } court team in order to develop treatment
plans, monitor progress in treatment and determine outcomes of
participation in the { - drug - } { + treatment + } court
program.
(5) A record described in subsection (3) of this section may
not be introduced into evidence in any legal proceeding other
than the { - drug - } { + treatment + } court program unless:
(a) The individual who is the subject of the record gives
written consent for introduction of the record; or
(b) The court finds good cause for introduction. In determining
whether good cause exists for purposes of this paragraph, the
court shall weigh the public interest and the need for disclosure
against the potential injury caused by the disclosure to:
(A) The individual who is the subject of the record;
(B) The individual-physician relationship; and
(C) The treatment services being provided to the individual who
is the subject of the record.
(6) A court, the State Court Administrator or the Oregon
Criminal Justice Commission may use records described in
subsection (3) of this section and other { - drug - }
{ + treatment + } court program information to track and develop
statistics about the effectiveness, costs and other areas of
public interest concerning
{ - drug - } { + treatment + } court programs. A court, the
State Court Administrator or the Oregon Criminal Justice
Commission may release statistics developed under this subsection
and analyses based on the statistics to the public. Statistics
and analyses released under this subsection may not contain any
information that identifies an individual participant in a
{ - drug - } { + treatment + } court program.
SECTION 2. ORS 137.656 is amended to read:
137.656. (1) The purpose of the Oregon Criminal Justice
Commission is to improve the effectiveness and efficiency of
state and local criminal justice systems by providing a
centralized and impartial forum for statewide policy development
and planning.
(2) The primary duty of the commission is to develop and
maintain a state criminal justice policy and comprehensive,
long-range plan for a coordinated state criminal justice system
that encompasses public safety, offender accountability, crime
reduction and prevention and offender treatment and
rehabilitation. The plan must include, but need not be limited
to, recommendations regarding:
(a) Capacity, utilization and type of state and local prison
and jail facilities;
(b) Implementation of community corrections programs;
(c) Alternatives to the use of prison and jail facilities;
(d) Appropriate use of existing facilities and programs;
(e) Whether additional or different facilities and programs are
necessary;
(f) Methods of assessing the effectiveness of juvenile and
adult correctional programs, devices and sanctions in reducing
future criminal conduct by juvenile and adult offenders; and
(g) Methods of reducing the risk of future criminal conduct.
(3) Other duties of the commission are:
(a) To conduct joint studies by agreement with other state
agencies, boards or commissions on any matter within the
jurisdiction of the commission.
(b) To provide Oregon criminal justice analytical and
statistical information to federal agencies and serve as a
clearinghouse and information center for the collection,
preparation, analysis and dissemination on state and local
sentencing practices.
(c) To provide technical assistance and support to local public
safety coordinating councils.
(d) To receive grant applications to start or expand
{ - drug - } { + treatment + } court programs as defined in ORS
3.450, to make rules to govern the grant process and to award
grant funds according to the rules.
(4) The commission shall establish by rule the information that
must be submitted under ORS 137.010 (9) and the methods for
submitting the information. A rule adopted under this subsection
must be approved by the Chief Justice of the Supreme Court before
it takes effect.
SECTION 3. ORS 475A.120 is amended to read:
475A.120. (1) The provisions of this section apply to a
forfeiting agency other than the state.
(2) Except as otherwise provided by intergovernmental agreement
and this section, a forfeiting agency may:
(a) Sell, lease, lend or transfer forfeited property to any
federal, state or local law enforcement agency or district
attorney.
(b) Sell forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(c) Retain forfeited property.
(d) With written authorization from the district attorney for
the county in which the property was seized, destroy any
forfeited firearms or controlled substances.
(3) If the forfeiting agency is a political subdivision other
than a county, the political subdivision shall enter into an
agreement with the county pursuant to ORS chapter 190 to provide
a portion of the forfeiture proceeds to the county. Any
intergovernmental agreements or ordinances providing for the
distribution of forfeiture proceeds in effect on July 24, 1989,
shall remain valid unless changed by the parties.
(4) A forfeiting agency shall distribute forfeiture proceeds as
follows:
(a) Costs shall be paid first, including costs, disbursements
and attorney fees as defined in ORCP 68 A and special expenses,
including the provision of lawful currency, incurred by any
seizing or forfeiting agency in investigating and prosecuting a
specific case. The forfeiting agency may pay expenses of
servicing or maintaining the seized property under ORS 475A.045
(3) under the provisions of this paragraph. The forfeiting agency
may not pay expenditures made in connection with the ordinary
maintenance and operation of the seizing or forfeiting agency
under the provisions of this paragraph.
(b) After payment of costs under paragraph (a) of this
subsection, the forfeiting agency shall:
(A) Deduct an amount equal to five percent of the proceeds and
deposit that amount in the Illegal Drug Cleanup Fund established
by ORS 475.495 for the purposes specified in ORS 475.495 (5);
(B) Deduct an amount equal to 2.5 percent of the proceeds and
deposit that amount in the Asset Forfeiture Oversight Account
established by ORS 475A.160 for the purposes specified in ORS
475A.155;
(C) Deduct an amount equal to 20 percent of the proceeds and
deposit that amount in the Oregon Criminal Justice Commission
Account established under ORS 137.662 for disbursement to
{ - drug - } { + treatment + } court programs as described in
ORS 3.450; and
(D) Deduct an amount equal to 10 percent of the proceeds and
deposit that amount in the State Commission on Children and
Families Account established by ORS 417.733 for disbursement to
relief nurseries as described in ORS 417.788.
(c) If the forfeiting agency has entered into an agreement with
a county under subsection (3) of this section, after paying costs
under paragraph (a) of this subsection and making the deductions
required by paragraph (b) of this subsection, the forfeiting
agency shall pay the county the amounts required by the
agreement.
(d) After making all payments and deductions required by
paragraphs (a) to (c) of this subsection, the forfeiting agency
may use forfeiture proceeds, including amounts received by a
county under paragraph (c) of this subsection and pursuant to an
intergovernmental agreement entered into under ORS 475A.115, only
for:
(A) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(B) Cash for use in law enforcement activities;
(C) Drug awareness and drug education programs offered in
middle schools and high schools;
(D) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies pursuant to
the terms of an intergovernmental agreement, including paying for
rental space, utilities and office equipment; and
(E) Expenses of a district attorney in criminal prosecutions
for unlawful delivery, distribution, manufacture or possession of
controlled substances, as determined through intergovernmental
agreement between the forfeiting agency and the district
attorney.
(5) Notwithstanding subsection (4) of this section, growing
equipment and laboratory equipment seized by a forfeiting agency
that was used, or intended for use, in the manufacturing of
controlled substances may be donated to a public school,
community college or institution of higher education.
(6) A political subdivision shall sell as much property as may
be needed to make the distributions required by subsection (4) of
this section. Distributions required under subsection (4)(b) of
this section must be made once every three months and are due
within 20 days of the end of each quarter. No interest shall
accrue on amounts that are paid within the period specified by
this subsection.
(7) The forfeiting agency, and any agency which receives
forfeited property or proceeds from the sale of forfeited
property, shall maintain written documentation of each sale,
decision to retain, transfer or other disposition.
(8) Forfeiture counsel shall report each forfeiture to the
Asset Forfeiture Oversight Advisory Committee as soon as
reasonably possible after the conclusion of forfeiture
proceedings, whether or not the forfeiture results in an entry of
judgment under ORS 475A.110. The committee shall develop and make
available forms for the purpose of reporting forfeitures.
(9) Law enforcement agencies shall supply to forfeiture counsel
all information requested by forfeiture counsel necessary for the
preparation of the report required by subsection (8) of this
section.
(10) Political subdivisions of the state who receive forfeiture
proceeds under this section shall submit a report to the Asset
Forfeiture Oversight Advisory Committee for any year in which
those proceeds are received. The committee shall develop and make
available forms for the purpose of those reports. The forms shall
require the political subdivision to report on how proceeds
received by the political subdivision have been or will be used,
and such other information as may be requested by the committee.
Reports shall be submitted each December 15 for the last ending
fiscal year of the political subdivision.
(11) This section applies only to forfeiture proceeds arising
out of prohibited conduct as defined by ORS 475A.005 (11), and
does not apply to proceeds from forfeiture based on other
conduct.
SECTION 4. ORS 475A.126 is amended to read:
475A.126. (1) The provisions of this section apply only when
the forfeiting agency is the state.
(2) Except as otherwise provided by intergovernmental agreement
and this section, a forfeiting agency may:
(a) Sell, lease, lend or transfer forfeited property to any
federal, state or local law enforcement agency or district
attorney.
(b) Sell forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(c) Retain forfeited property.
(d) With written authorization from the district attorney for
the county in which the property was seized, destroy any
forfeited firearms or controlled substances.
(3) The forfeiting agency shall distribute forfeiture proceeds
as follows:
(a) Costs shall be paid first, including costs, disbursements
and attorney fees as defined in ORCP 68 A and special expenses,
including the provision of lawful currency, incurred by any
seizing or forfeiting agency in investigating and prosecuting a
specific case. The forfeiting agency may pay expenses of
servicing or maintaining the seized property under ORS 475A.045
(3) under the provisions of this paragraph. The forfeiting agency
may not pay expenditures made in connection with the ordinary
maintenance and operation of the seizing or forfeiting agency
under the provisions of this paragraph. Any amount paid to or
retained by the Department of Justice under this paragraph shall
be deposited in the Criminal Justice Revolving Account in the
State Treasury. Any amount paid to or retained by the Oregon
State Police under this paragraph shall be deposited in the State
Police Account.
(b) After payment of costs under paragraph (a) of this
subsection, the forfeiting agency shall:
(A) Deduct an amount equal to 10 percent of the proceeds and
deposit that amount in the Illegal Drug Cleanup Fund established
by ORS 475.495 for the purposes specified in ORS 475.495 (5);
(B) Deduct an amount equal to three percent of the proceeds,
not to exceed $50,000 in a biennium, and deposit that amount in
the Asset Forfeiture Oversight Account established by ORS
475A.160 for the purposes specified in ORS 475A.155;
(C) Deduct an amount equal to 20 percent of the proceeds and
deposit that amount in the Oregon Criminal Justice Commission
Account established under ORS 137.662 for disbursement to
{ - drug - } { + treatment + } court programs as described in
ORS 3.450; and
(D) Deduct an amount equal to 10 percent of the proceeds and
deposit that amount in the State Commission on Children and
Families Account established by ORS 417.733 for disbursement to
relief nurseries as described in ORS 417.788.
(c) If the forfeiting agency has entered into an
intergovernmental agreement with a political subdivision under
ORS 475A.115, or has entered into an agreement with any other law
enforcement agency of the state relating to distribution of
forfeiture proceeds, after paying costs under paragraph (a) of
this subsection and making the deductions required by paragraph
(b) of this subsection, the forfeiting agency shall pay an
equitable portion of the forfeiture proceeds to each agency
participating in the seizure or forfeiture as provided by the
agreement.
(d) After making all payments and deductions required by
paragraphs (a) to (c) of this subsection, the forfeiting agency
shall distribute the remaining proceeds as follows:
(A) If no law enforcement agency other than the Department of
Justice participated in the seizure or forfeiture, the remaining
proceeds, and proceeds received by the Department of Justice
under paragraph (c) of this subsection, shall be divided between
the Criminal Justice Revolving Account and the Special Crime and
Forfeiture Account established by ORS 475A.130 according to the
following schedule:
(i) One hundred percent of the first $200,000 accumulated shall
be deposited in the Criminal Justice Revolving Account.
(ii) Seventy-five percent of the next $200,000 shall be
deposited in the Criminal Justice Revolving Account and the
balance in the Special Crime and Forfeiture Account.
(iii) Fifty percent of the next $200,000 shall be deposited in
the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(iv) Twenty-five percent of the next $200,000 shall be
deposited in the Criminal Justice Revolving Account and the
balance in the Special Crime and Forfeiture Account.
(v) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(B) If no law enforcement agency other than the Department of
State Police participated in the seizure or forfeiture, the
remaining proceeds, and proceeds received by the Department of
State Police under paragraph (c) of this subsection, shall be
divided between the State Police Account and the Special Crime
and Forfeiture Account according to the following schedule:
(i) One hundred percent of the first $600,000 accumulated shall
be deposited in the State Police Account.
(ii) Seventy-five percent of the next $300,000 shall be
deposited in the State Police Account and the balance in the
Special Crime and Forfeiture Account.
(iii) Fifty percent of the next $200,000 shall be deposited in
the State Police Account and the balance in the Special Crime and
Forfeiture Account.
(iv) Twenty-five percent of the next $200,000 shall be
deposited in the State Police Account and the balance in the
Special Crime and Forfeiture Account.
(v) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(4) Forfeiture proceeds distributed under subsection (3)(d) of
this section may be used only for:
(a) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(b) Cash for use in law enforcement activities;
(c) Drug awareness and drug education programs offered in
middle schools and high schools; and
(d) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies pursuant to
the terms of an intergovernmental agreement, including paying for
rental space, utilities and office equipment.
(5) A forfeiting agency shall sell as much property as may be
needed to make the distributions required by subsection (3) of
this section. Distributions required under subsection (3)(b) of
this section must be made once every three months and are due
within 20 days of the end of each quarter. No interest shall
accrue on amounts that are paid within the period specified by
this subsection.
(6) The forfeiting agency, and any agency that receives
forfeited property or proceeds from the sale of forfeited
property, shall maintain written documentation of each sale,
decision to retain, transfer or other disposition of the property
or proceeds.
(7) Forfeiture counsel shall report each forfeiture to the
Asset Forfeiture Oversight Advisory Committee as soon as
reasonably possible after the conclusion of forfeiture
proceedings, whether or not the forfeiture results in an entry of
judgment under ORS 475A.110. The committee shall develop and make
available forms for the purpose of reporting forfeitures.
(8) Law enforcement agencies shall supply to forfeiture counsel
all information requested by forfeiture counsel necessary for the
preparation of the report required by subsection (7) of this
section.
----------