75th OREGON LEGISLATIVE ASSEMBLY--2009 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 385
 
                         House Bill 2299
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon Juvenile Department Directors'
  Association)
 
 
                             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.
 
  Authorizes county court, through juvenile department director,
to release youths and youth offenders from detention facility
under certain circumstances. Exempts county court and its
officers and employees from liability for good faith release of
youths and youth offenders.
 
                        A BILL FOR AN ACT
Relating to detention facilities; amending ORS 419A.055.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419A.055 is amended to read:
  419A.055.   { - The county court or board of commissioners of a
county may institute an examination of the county's juvenile
detention facility and establish its capacity in accordance with
constitutional standards. If a county court or board of
commissioners adopts a capacity limit and that limit is exceeded,
the county, through the juvenile department director, shall
immediately notify the judge of the juvenile court who shall
authorize the release of a sufficient number of detainees to
reduce the population of the detention facility to the
established capacity. - }
   { +  (1) As used in this section:
  (a) 'Contracting county' means a county that contracts with
another county or a regional juvenile detention correctional
facility to place youths and youth offenders in a detention
facility in another county or in a regional juvenile detention
correctional facility.
  (b) 'County court' has the meaning given that term in ORS
174.100.
  (2) The county court of a county may:
  (a) Institute an examination of the county's detention facility
and establish its capacity in accordance with constitutional
standards; and
  (b) Issue an order establishing the capacity of the county's
detention facility.
  (3)(a) A county court of a county may adopt standards for
releasing youths and youth offenders when the capacity of the
detention facility is exceeded.
 
  (b) A county court of a contracting county may adopt standards
for releasing youths and youth offenders when the number of
youths or youth offenders requiring placement in a detention
facility in another county or in a regional juvenile detention
correctional facility exceeds the number of youths and youth
offenders for whose placement the contracting county has
contracted.
  (4) If a county court issues an order establishing the capacity
of the detention facility and that capacity is exceeded, the
county court, through the juvenile department director of that
county, may release a sufficient number of youths or youth
offenders to reduce the population of the detention facility to
the established capacity.
  (5) If the number of youths and youth offenders requiring
placement in a detention facility in another county or in a
regional juvenile detention correctional facility exceeds the
number for whose placement the contracting county has contracted,
the county court of the contracting county, through the juvenile
department director of the contracting county, may release a
sufficient number of youths or youth offenders who have been
placed in a detention facility in another county or in a regional
juvenile detention correctional facility to reduce the number of
youths and youth offenders to the number for whose placement the
contracting county has contracted.
  (6)(a) The county court of a county, through the juvenile
department director of the county, shall immediately notify the
judge of the juvenile court of the county of the release of the
youths or youth offenders.
  (b) The county court of a contracting county, through the
juvenile department director of the contracting county, shall
immediately notify the judge of the juvenile court of the
contracting county of the release of the youths or youth
offenders.
  (7) The county court of a county or of a contracting county and
all officers and employees of the county court of the county or
of the contracting county are immune from civil or criminal
liability for any good faith release of youths or youth offenders
under this section. + }
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