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 2483
 
                         Senate Bill 910
 
Sponsored by Senator STARR
 
 
                             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 public agencies and political subdivisions to provide
notice to certain persons before establishing certain facilities.
 
                        A BILL FOR AN ACT
Relating to establishing specified facilities; amending ORS
  169.690.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 169.690 is amended to read:
  169.690.   { - (1)(a) - }  { +  (1) + } Before the Department
of Corrections, Oregon Youth Authority or Department of Human
Services or any city, county or other public agency establishes a
facility described in   { - paragraph (c) of this - }
subsection { +  (2) of this section + }, the city, county,
department, youth authority or agency
  { - must designate a citizens advisory committee in the
proposed affected geographic area. - }  { +  shall provide the
following persons with the information described in subsection
(3) of this section at least 90 days before the facility is
established: + }
    { - (b) - }  { +  (a) + }   { - If there is - }  An
established citizens group or neighborhood organization in the
affected geographic area   { - which - }  { +  if a group or
organization  + }is established or recognized by the city or
county where it is located  { - , it shall be asked to nominate
the committee. If there is none, the local government body having
jurisdiction over the affected area shall appoint a committee
selected from residents of the area. - }  { + ;
  (b) Any person who owns real property or resides within 1,000
feet of the facility;
  (c) The county sheriff or chief of police of a city police
department, having jurisdiction over the facility;
  (d) The fire chief having jurisdiction over the facility; and
  (e) The state or local agency responsible for providing mental
health services in the area. + }
    { - (c) - }  { +  (2) + } The facilities to which
 { - paragraph (a) of this - } subsection { +  (1) of this
section + } applies are:
    { - (A) - }  { +  (a) + } Halfway houses, work release
centers or any other domiciliary facilities for persons released
from any penal or correctional facility but still in the custody
of the city, county or public agency;   { - and - }
    { - (B) - }  { +  (b) + } Youth care centers or other
facilities authorized to accept youth offenders under ORS
419C.478  { - . - }  { + ; and
  (c) Residential treatment homes and residential treatment
facilities, as those terms are defined in ORS 443.400, for
persons who, as a condition of release under ORS 161.315 to
161.351, are required to live in a secure home or facility. For
purposes of this paragraph, a residential treatment home or
facility is secure if a resident's exit from the home or facility
or its grounds is restricted through the use of locking devices
on resident exit doors, gates or other closures. + }
    { - (2) The local governmental body having jurisdiction over
the affected geographic area shall appoint to the citizens
advisory committee persons from those nominated under subsection
(1) of this section and shall invite the participation of
officers of local governments having jurisdiction over the
area. - }
  (3) For each   { - proposed house, center or other - }
facility, the agency responsible for establishing the
 { - house, center or - } facility shall   { - inform fully the
citizens advisory committee of each affected geographic area
of - }  { +  include + } the following  { +  information in the
notice described in subsection (1) of this section + }:
  (a) The   { - proposed - }  location, estimated population size
and use;
  (b) The numbers and qualifications of resident professional
staff;
  (c) The   { - proposed - }  rules of conduct and discipline to
be imposed on residents; and
  (d) Such other relevant information   { - as - }   { + that + }
the { +  city, county, department, youth authority or + } agency
responsible for establishing the   { - house, center or - }
facility considers appropriate or   { - which - }   { + that + }
the advisory committee requests. { +  Nothing in this paragraph
authorizes the disclosure of information that is protected under
state or federal law. + }
    { - (4) The citizens advisory committee shall advise the
agency responsible for establishing the house, center or facility
as to the suitability of the proposed house, center or other
facility and may suggest changes in the proposal submitted under
subsection (3) of this section. The advice shall be in writing
and must represent the view of the majority of the committee. - }
 
   { +  (4) A person who is notified under subsection (1) of this
section may provide the city, county, department, youth authority
or agency with written advice regarding matters affecting public
health or safety or the health or safety of the occupants of the
facility.
  (5) As used in this section, 'establishes' includes entering
into a contract to provide for the operation of a facility
described in subsection (2) of this section. + }
    { - (5) If the agency responsible for establishing the house,
center or facility rejects any of the advice of the citizens
advisory committee, it must submit its reasons in writing to the
committee. - }
    { - (6) No person serving on a committee established under
this section should be entitled to receive any compensation or
reimbursement for service on such committee. - }
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