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 1588
House Bill 2352
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House 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.
Requires preparation of racial and ethnic impact statement when
legislation or state measure may affect racial composition of
criminal offender population and when State Board of Parole and
Post-Prison Supervision considers rules pertaining to parole or
post-prison supervision.
Requires inclusion of statement in voters' pamphlet and on
ballot.
A BILL FOR AN ACT
Relating to composition of criminal offender population; creating
new provisions; and amending ORS 137.656.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A racial and ethnic impact statement must
be prepared for any legislation that may, if enacted, affect the
racial and ethnic composition of the criminal offender
population.
(2) Before a legislative committee hearing on legislation that
may, if enacted, affect the racial and ethnic composition of the
criminal offender population, the committee shall submit a
written request to the Oregon Criminal Justice Commission to
prepare and submit to the committee a racial and ethnic impact
statement described in ORS 137.656.
(3) As used in this section, 'criminal offender population '
means all persons who are convicted of a crime or adjudicated for
an act that, if committed by a person 18 years of age or older,
would constitute a crime. + }
SECTION 2. { + Section 3 of this 2009 Act is added to and made
a part of ORS chapter 250. + }
SECTION 3. { + (1) If a state measure may affect the racial
and ethnic composition of the criminal offender population, the
Oregon Criminal Justice Commission shall prepare a racial and
ethnic impact statement described in ORS 137.656. The statement
shall be printed in the voters' pamphlet and on the ballot. The
statement shall be impartial, simple and understandable.
(2) If the Oregon Criminal Justice Commission has prepared a
racial and ethnic impact statement for a state measure, not later
than the 99th day before a special election held on the date of a
primary election or any general election at which the state
measure is to be submitted to the people, the commission shall
file the statement with the Secretary of State. The commission
may begin preparation of the statement on the date that the
petition is accepted for verification of signatures under ORS
250.105 or the date that a measure referred by the Legislative
Assembly is filed with the Secretary of State, whichever is
applicable.
(3) Not later than the 95th day before the election, the
Secretary of State shall hold a hearing in Salem upon reasonable
statewide notice to receive suggested changes to the statement or
to receive other information. At the hearing any person may
submit suggested changes or other information orally or in
writing. Written suggestions and any other information also may
be submitted at any time before the hearing.
(4) The Oregon Criminal Justice Commission shall consider
suggestions and any other information submitted under subsection
(3) of this section, and may file a revised statement with the
Secretary of State not later than the 90th day before the
election. The Secretary of State shall certify a final statement
not later than the 90th day before the election at which the
measure is to be voted upon. All statements prepared under this
section shall be made available to the public.
(5) A failure to prepare, file or certify a statement does not
prevent inclusion of the measure in the voters' pamphlet or
placement of the measure on the ballot.
(6) If the statement is not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk is not required to
reprint ballots to include the statement or to provide
supplemental information that includes the statement.
(7)(a) Any person alleging that the statement was prepared,
filed or certified in violation of the procedures described in
this section may petition the Supreme Court seeking that the
required procedures be followed and stating the reasons the
statement does not satisfy the required procedures. A petition is
not allowed concerning the contents of the statement or whether a
statement should be prepared.
(b) If the petition is filed not later than the 85th day before
the election at which the measure is to be voted upon, the court
shall review the procedures under which the statement was
prepared, filed and certified, hear arguments and determine
whether the procedures described in this section were satisfied.
The review by the Supreme Court shall be conducted expeditiously
to ensure the orderly and timely conduct of the election at which
the measure is to be submitted to the electors.
(c) If the court determines that the procedures described in
this section were not satisfied, the court shall order that a
second statement be prepared, filed and certified as provided in
this section except:
(A) The Oregon Criminal Justice Commission shall prepare and
file with the Secretary of State a statement not later than two
days following the decision of the court;
(B) A hearing shall be held within two days after the statement
is filed; and
(C) A statement shall be certified not later than seven days
after the decision of the court. The procedures under which the
second statement is filed and certified may not be appealed.
(8) As used in this section, 'criminal offender population '
means all persons who are convicted of a crime or adjudicated for
an act that, if committed by a person 18 years of age or older,
would constitute a crime. + }
SECTION 4. { + In establishing rules applicable to parole or
post-prison supervision, the State Board of Parole and
Post-Prison Supervision shall, consistent with the process
described in ORS 137.656 (5), prepare and consider a racial and
ethnic impact statement describing the effect of the rules on the
racial and ethnic composition of persons on parole or post-prison
supervision. + }
SECTION 5. 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;
(g) Methods of reducing the risk of future criminal conduct;
and
(h) The effective utilization of local public safety
coordinating councils.
(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 of information 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 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.
{ + (5)(a) The commission shall develop a standardized
protocol for the preparation of racial and ethnic impact
statements.
(b) A racial and ethnic impact statement shall include the
following:
(A) An estimate of how proposed legislation would change the
racial or ethnic profile of the state's criminal offender
population for racial and ethnic groups for which data are
available.
(B) A statement of the methodologies and assumptions used in
preparing the estimate.
(c) The commission shall prepare and submit a racial and ethnic
impact statement:
(A) To a legislative committee, prior to the hearing on the
legislation, upon receipt of a committee's request for a
statement; and
(B) In accordance with section 3 of this 2009 Act.
(d) As used in this subsection, 'criminal offender population'
means all persons who are convicted of a crime or adjudicated for
an act that, if committed by a person 18 years of age or older,
would constitute a crime. + }
SECTION 6. { + (1) Section 1 of this 2009 Act applies to
legislative hearings conducted on or after the effective date of
this 2009 Act.
(2) Section 3 of this 2009 Act applies to elections held after
the first Tuesday after the first Monday in November 2010.
(3) Section 4 of this 2009 Act applies to rules adopted on or
after the effective date of this 2009 Act. + }
----------