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 480
 
                           A-Engrossed
 
                         House Bill 2302
                Ordered by the House February 26
          Including House Amendments dated February 26
 
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 Collectors 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.
 
  Authorizes county or city to seek reimbursement from person
committed to local correctional facility   { - any time - }
 { + no later than six years + } after person's release.
 
                        A BILL FOR AN ACT
Relating to local correctional expenses; creating new provisions;
  and amending ORS 169.151.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 169.151 is amended to read:
  169.151. (1) A city or, notwithstanding ORS 169.150 (1), a
county may seek reimbursement from a person who is or was
committed to the local correctional facility of the county or
city upon conviction of a crime for any expenses incurred by the
county or city in safekeeping and maintaining the person. The
county or city may seek reimbursement:
  (a) At a rate of $60 per day or its actual daily cost of
safekeeping and maintaining the person, whichever is less,
multiplied by the total number of days the person was confined to
the local correctional facility, including, but not limited to,
any period of pretrial detention; and
  (b) For any other charges or expenses that the county or city
is entitled to recover under ORS 169.150.
  (2) The county or city may seek reimbursement for expenses as
provided in subsection (1) of this section by filing a civil
action   { - no later than one year - }  { +  no later than six
years + } after the person from whom reimbursement is sought is
released from the local correctional facility.
  (3) When a person is found liable for expenses described in
subsection (1) of this section and an amount is determined, the
court shall, before entering a judgment against the person, allow
the person to present evidence on the issue of the person's
ability to pay. When a person presents such evidence, the court
shall determine the person's ability to pay taking into
consideration:
 
 
  (a) The financial resources of the person and the burden that
payment will impose on the person in providing basic economic
necessities to the person or the person's dependent family; and
  (b) Any other monetary obligations imposed upon the person by
the court as a result of the conviction for which the person was
committed to the local correctional facility.
  (4) The court, and not a jury, shall determine the defendant's
ability to pay under subsection (3) of this section.
  (5) Upon the conclusion of a proceeding under subsection (3) of
this section, the court may enter a judgment:
  (a) Of dismissal if the court finds that the person lacks the
ability to pay;
  (b) For less than the full amount determined if the court finds
that the person has the ability to pay a portion of the amount;
or
  (c) For the full amount determined, plus costs and
disbursements, if the court determines the person has the ability
to pay.
  (6) Any reimbursements collected under this section must be
credited to the general fund of the county or city to be
available for general fund purposes.
  SECTION 2.  { + The amendments to ORS 169.151 by section 1 of
this 2009 Act apply to civil actions seeking reimbursement from
persons released from local correctional facilities on or after
the effective date of this 2009 Act. + }
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