68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 249
Minority Report
A-Engrossed
House Bill 3489
Ordered by the House February 2
Including House Minority Report Amendments dated February 2
Sponsored by nonconcurring members of the Special Session
Committee on Crime and Corrections: Representatives MANNIX,
TIERNAN
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.
{ - Allows county to enter into intergovernmental agreements
with other counties or state for provision of community
corrections services. Allows execution of sentence of
incarceration in county other than county where offense occurred.
Allows telephonic appearance by petitioner for post-conviction
relief. - }
{ - Provides that requests for financing certain community
corrections facilities be approved by State Treasurer and Oregon
Department of Administrative Services. Creates exception. - }
{ - Allows modification of corrections project upon approval
of Department of Corrections. - }
{ - Provides for establishment of intergovernmental
corrections entities. Grants intergovernmental corrections
entities authority to issue general obligation bonds and assess,
levy and collect taxes. - }
{ - Establishes expenditure limitation for specified
corrections projects. - }
{ - Declares emergency, effective on passage. - }
{ + Directs Department of Corrections to increase state
correctional system capacity by 2,000 beds. Directs Governor to
initiate corrections facility siting process for construction of
up to 2,000 beds. Requires financial grants by department to
counties for community corrections. Specifies procedure for
determining amount of grants. Directs department by rule to
provide for computation of county entitlement based on actions
approved by Legislative Assembly. Directs counties participating
in grants to designate local corrections advisory committee to
participate in design of county's community corrections program.
Directs county governing body to convene public safety
coordinating council consisting of specified members for purpose
of planning use of state resources to serve local youth offender
population and coordinating local juvenile justice policy.
Directs payment of monthly fee by persons sentenced to
probation supervised by department or community corrections
program. Appropriates fees to department for financing field
services.
Authorizes return of offenders to prison as sanction for
probation supervision violations. Directs State Board of Parole
and Post-Prison Supervision to adopt rules concerning periods of
active parole and post-prison supervision.
Directs entry into intergovernmental agreements between
department and county concerning corrections service.
Establishes Community Sanctions and Alternatives Fund to
promote development of programs and facilities providing
alternative sanctions and programs that prevent recidivism.
Creates Task Force on Parole, Probation and Structured
Sanctions to review parole and probation services. Directs report
to Sixty-ninth Legislative Assembly.
Appropriates moneys to Emergency Board for debt service,
start-up costs and operating costs of correctional facilities.
Directs department to submit legislation entitling counties to
day-credits for inmate incarceration in state area correctional
facility.
Establishes expenditure limitation for construction and
remodeling of local correctional facilities.
Directs intergovernmental agreement between department and
counties to ensure maximum efficiency in use of state area
correctional facilities.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to corrections; creating new provisions; amending ORS
135.760, 135.767, 137.320, 137.593, 137.656, 144.085, 144.102,
144.104, 144.108, 144.232, 144.340, 144.350, 144.360, 420.011,
423.500, 423.505, 423.520, 423.525, 423.530, 423.535, 423.540,
423.555, 423.560, 423.565 and 423.570; repealing ORS 144.087,
423.475, 423.478, 423.483 and 423.549 and sections 4a, 5a, 12a,
20, 31, 32 and 33, chapter 423, Oregon Laws 1995; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Department of Corrections shall
increase the capacity of the state correctional system by 2,000
beds. Of the 2,000 beds:
(a) Approximately 1,500 must be minimum or medium security beds
in three state area correctional facilities. The department shall
locate two of the area correctional facilities in the Willamette
Valley to serve primarily the Willamette Valley. The department
shall locate the other area correctional facility in southern,
central or eastern Oregon. The department shall provide in each
area correctional facility:
(A) A simple intake and evaluation process for offenders sent
to the facility; and
(B) Intensive rehabilitation programs designed for short term
imprisonment.
(b) Approximately 500 must be minimum or medium security
intensive drug and alcohol rehabilitation beds located in the
Willamette Valley.
(2) The department shall allocate beds in the area correctional
facilities in the following order:
(a) For felony offenders receiving sentences of incarceration
of 12 months or less;
(b) For felony offenders returned to prison for 12 months or
less upon revocation of parole or probation;
(c) For felony offenders returned to prison under structured
sanctions and county inmates utilizing day-credits under section
38 of this Act;
(d) For other felony offenders committed to the department; and
(e) Rental of beds to the counties.
(3) The department shall build the beds in the most efficient,
cost-effective and no-frills method possible. The department
shall use, as a concept, the construction system used by the
Texas Department of Criminal Justice in a recent construction
program to construct numerous prison facilities with a total
capacity of more than 10,000 inmates. + }
SECTION 2. { + The intake process for offenders sent to an
area correctional facility must be conducted at the area
correctional facility unless the Director of the Department of
Corrections determines that a particular offender requires a more
intensive evaluation than can be provided at the area
correctional facility. + }
SECTION 3. { + No later than April 1, 1996, the Governor shall
initiate the corrections facility siting process as provided in
ORS 421.616 for the purpose of constructing up to 2,000
additional beds. + }
SECTION 4. ORS 423.500, as amended by section 1a, chapter 423,
Oregon Laws 1995, is amended to read:
423.500. As used in ORS 423.500 to 423.560, unless the context
requires otherwise:
(1) 'Director' means the Director of the Department of
Corrections.
{ + (2) 'Advisory board' means the Community Corrections
Advisory Board created by ORS 423.510. + }
{ - (2) - } { + (3) + } 'Department' means the Department
of Corrections.
{ - (3) - } { + (4) + } 'Plan' means the { - biennial - }
{ + comprehensive + } community corrections plan required by
ORS 423.535.
{ + (5) 'Program' means those programs and services described
in ORS 423.505. + }
SECTION 5. ORS 423.505 is amended to read:
423.505. { - Because counties are in the best position for
the management, oversight and administration of local criminal
justice matters and for determining local resource
priorities, - } It is declared to be the legislative policy of
this state to establish
{ - an ongoing partnership between the state and counties - }
and { - to - } finance with appropriations from the General
Fund statewide community correction programs on a continuing
basis. The intended purposes of this program are to:
(1) Provide appropriate sentencing { + alternatives + }
{ - and sanctioning options including incarceration, community
supervision and services - } ;
(2) Provide improved local services for persons charged with
criminal offenses with the goal of reducing the occurrence of
repeat criminal offenses;
(3) Promote local { - control and - } management of
community corrections programs;
(4) Promote the use of the most effective criminal sanctions
necessary to protect public safety, administer punishment to the
offender and rehabilitate the offender;
(5) Enhance, increase and support the state and county
partnership in the management of offenders; and
(6) Enhance, increase and encourage a greater role for local
government and the local criminal justice system in the planning
and implementation of local public safety policies.
SECTION 6. ORS 423.520 is amended to read:
423.520. The Department of Corrections shall make grants to
assist counties in the implementation and operation of community
corrections { - programs - } including, but not limited to,
preventive or diversionary correctional programs, probation,
parole, work release and { - local correctional facilities and
programs for - } { + community corrections centers for the care
and treatment of + } offenders.
SECTION 7. ORS 423.525 is amended to read:
423.525. (1) A county may apply to the Director of the
Department of Corrections in a manner and form prescribed by the
director for financial aid made available under ORS 423.500 to
423.560. The application shall include a community corrections
plan. The director shall provide consultation and technical
assistance to counties to aid in the development and
implementation of community corrections plans.
{ - (2)(a) From July 1, 1995, until June 30, 1997, a county
may make application requesting funding for the construction,
acquisition, expansion or remodeling of correctional facilities
to serve the county or a group of counties. The department shall
review the application for funding of correctional facilities in
accordance with criteria that consider design, cost, capacity,
need, operating efficiency and viability based on the county's or
group of counties' ability to provide for ongoing operations. - }
{ - (b) If the application is approved, the department shall
present the application with a request to finance the facility
with financing agreements to the State Treasurer and the Director
of the Oregon Department of Administrative Services. Upon
approval of the request by the State Treasurer, the Director of
the Oregon Department of Administrative Services and the
Legislative Assembly, the facility may be financed with financing
agreements, and certificates of participation issued pursuant
thereto, as provided in ORS 283.085 to 283.092. - }
{ - (c) After approval but prior to the solicitation of bids
or proposals for the construction of a project, the county or
group of counties and the department shall enter into a written
agreement that determines the procedures, and the parties
responsible, for the awarding of contracts and the administration
of the construction project for the approved correctional
facility. If the parties are unable to agree on the terms of the
written agreement, the Governor shall decide the terms of the
agreement. The Governor's decision is final. - }
{ - (3) Notwithstanding ORS 283.085, for purposes of this
section, 'financing agreement' means a lease purchase agreement,
an installment sale agreement, a loan agreement or any other
agreement to finance a correctional facility described in this
section, or to refinance a previously executed financing
agreement for the financing of a correctional facility. The state
is not required to operate a correctional facility in order to
finance it under ORS 283.085 to 283.092 and this section. - }
{ - (4) Notwithstanding any other provision of state law,
county charter or ordinance, a county may convey to the State of
Oregon, acting by and through the Department of Corrections,
title to or interests in any real property, facility or personal
property owned by the county for the purpose of financing the
construction, acquisition, expansion or remodeling of a
correctional facility. Upon the payment of all principal and
interest on, or upon any other satisfaction of, the financing
agreement used to finance the construction, acquisition,
expansion or remodeling of a correctional facility, the state
shall reconvey its interest in the property or facility,
including the financed construction, acquisition, expansion or
remodeling, to the county. In addition to any authority granted
by ORS 283.089, for the purposes of obtaining financing, the
state may enter into agreements under which the state may grant
to trustees or lenders leases, mortgages, deeds of trust and
other security interests in county property conveyed to the state
under this subsection and in the property or facilities financed
by financing agreements. - }
{ - (5) In connection with the financing of correctional
facilities, the Director of the Oregon Department of
Administrative Services may bill the Department of Corrections,
and the Department of Corrections shall pay the amounts billed,
in the same manner as provided in ORS 283.089. As required by ORS
283.091, the Department of Corrections and the Oregon Department
of Administrative Services shall include in the Governor's budget
request to the Legislative Assembly all amounts that will be due
in each fiscal period under financing agreements for correctional
facilities. Amounts payable by the state under a financing
agreement for the construction, acquisition, expansion or
remodeling of a correctional facility are limited to available
funds as defined in ORS 283.085, and no lender, trustee,
certificate holder or county has any claim or recourse against
any funds of the state other than available funds. - }
{ - (6) - } { + (2) + } The director { + , with the advice
of the Community Corrections Advisory Board, + } shall adopt
rules { - that - } { + prescribing minimum standards for the
establishment, operation and evaluation of community corrections
under a community corrections plan and other rules as + } may be
necessary for the administration { - , evaluation - } and
implementation of ORS 423.500 to 423.560. The standards shall be
sufficiently flexible to foster the development of new and
improved supervision or rehabilitative practices { - and
maximize local control - } { + and to allow counties to
maintain incarceration as a sanction + }.
{ - (7) When a county assumes responsibility under ORS
423.500 to 423.560 for correctional services previously provided
by the department, the county and the department shall enter into
an intergovernmental agreement that includes a local community
corrections plan consisting of program descriptions, budget
allocation, performance objectives and methods of evaluating each
correctional service to be provided by the county. - }
{ - (8) - } { + (3) + } All community corrections plans
shall comply with rules adopted pursuant to ORS 423.500 to
423.560 { + . + } { - , and shall include but need not be
limited to an outline of the basic structure and the supervision,
services and local sanctions to be applied to offenders convicted
of felonies who are: - }
{ - (a) On parole; - }
{ - (b) On probation; - }
{ - (c) On post-prison supervision; - }
{ - (d) Sentenced, on or after January 1, 1997, to 12 months
or less incarceration; and - }
{ - (e) Sanctioned, on or after January 1, 1997, by a court
or the State Board of Parole and Post-Prison Supervision to 12
months or less incarceration for a violation of a condition of
parole, probation or post-prison supervision. - }
{ + (4) All community corrections plans shall provide that an
adequate amount of the financial aid received under ORS 423.500
to 423.560 shall be used for staff training and that an adequate
amount of the financial aid shall be used for evaluation of
county correctional programs. The plan shall specify the manner
in which these requirements shall be met. + }
{ - (9) - } { + (5) + } All community corrections plans
shall designate a community corrections manager of the county
{ - or counties - } and shall provide that the administration
of community corrections under ORS 423.500 to 423.560 shall be
under such manager.
{ - (10) - } { + (6) + } No amendment to or modification of
an approved community corrections plan shall be placed in effect
without prior approval of the director.
SECTION 8. ORS 423.530, as amended by section 5, chapter 423,
Oregon Laws 1995, is amended to read:
423.530. (1) Financial grants for community corrections
pursuant to ORS 423.500 to 423.560 { + shall + } consist
of { + : + } { - the Grant-in-Aid Program. The Grant-in-Aid
Program consists of moneys appropriated to the Department of
Corrections for the purposes of management, support services and
supervision of offenders described in ORS 423.478 (2). The
department shall determine, prior to July 1 of each odd-numbered
year, each county's percentage share of the amount appropriated
for the purposes of this subsection. Such determination shall be
based upon a weighted formula of workload and population as
adopted by the department by rule. In adopting the rule, the
department shall consult with a broad based committee including,
but not limited to, representatives of the Department of
Corrections, local county community corrections, county boards of
commissioners and county sheriffs. - }
{ + (a) Payments from moneys appropriated to the Department
of Corrections for the purposes of management, support services
and supervision of parolees, probationers and offenders subject
to post-prison supervision. The department shall determine, prior
to July 1 of each odd-numbered year, each county's percentage
share of the amount appropriated for the purposes of this
subsection. Such determination shall be made by use of a workload
formula adopted by the department by rule, which formula shall be
in effect beginning July 1, 1991, and which formula shall include
all parole and probation appropriations subject to review and
comment by the Community Corrections Advisory Board before the
rule becomes final. This determination shall be based upon the
community supervision workload and the difficulty and cost of
servicing that workload.
(b) Enhancement grants from the department for the purpose of
providing community corrections services. The department shall
determine, prior to July 1 of each odd-numbered year, each
county's percentage share of the amount appropriated for the
purposes of this subsection. Such determination shall be made by
use of a workload formula adopted by the department by rule,
which formula shall be in effect beginning July 1, 1993. This
determination shall be based upon the community supervision
workload and the difficulty and cost of servicing that workload.
The formula shall be subject to review and comment by the
Community Corrections Advisory Board before it becomes final. A
county shall use 40 percent of the money received under this
paragraph for treatment programs. The county may use the
remaining money received under this paragraph for any purpose
including, but not limited to, jail operating costs and parole
and probation services. In determining how to best utilize money
received under this paragraph, the county shall consider
recommendations of the public safety coordinating council. + }
(2) { - Funding received by a county - } { + Appropriations
to counties + } pursuant to ORS 423.500 to 423.560 approved for
{ - county - } { + community + } corrections
{ - programs - } shall not be reduced by the department except
by action of the Legislative Assembly or the Emergency Board.
Such reductions shall be made proportionately using the
applicable allocation formula.
{ + (3) The department shall by rule provide for computation
of each county's entitlement in each biennial period in the event
participation by the county is for less than a biennial period.
Such computation shall be based upon any actions approved by the
Legislative Assembly relative to the timing of expenditures with
respect to appropriations for purposes of subsection (1) of this
section. + }
SECTION 9. ORS 423.535 is amended to read:
423.535. (1) Prior to { - receiving funds - } { +
participation in the program + }, the county shall have a
{ - biennial - } { + comprehensive + } community corrections
plan { + approved by the department + }.
{ - (2) The county and the Department of Corrections shall
enter into an intergovernmental agreement referring to the
plan. - }
{ + (2) The Department of Corrections, in consultation with
the respective board of county commissioners, may use moneys that
would have been made available to the county pursuant to ORS
423.530 to provide the community corrections services described
therein. In providing such services, + }
{ - (3) The county - } { + the department + } may contract
with public or private agencies { - including, but not limited
to, other counties, cities, special districts and public or
private agencies - } for the provision of services to
offenders { + . Any agreement to reimburse counties for the cost
of providing services for offenders shall include a provision
that the department shall deduct from such reimbursement the cost
incurred by the department of supervising misdemeanants + }.
SECTION 10. ORS 423.540 is amended to read:
423.540. (1) The Director of the Department of Corrections
shall { - annually review a county's compliance with the
intergovernmental agreement - } { + periodically review the
performance of counties participating + } under ORS 423.500 to
423.560. A county must substantially comply with the provisions
of its community corrections { - intergovernmental agreement
and - } plan { + and the operating standards + } established
pursuant to ORS 423.525 { - (7) - } { + (2) to remain
eligible to participate + }. If the director determines that
there are reasonable grounds to believe that a county is not in
substantial compliance with the { - intergovernmental agreement
or - } plan { + or operating standards + }, the director shall
{ - contact the county regarding the alleged noncompliance and
offer technical assistance to reach compliance. If the county
does not resolve the alleged noncompliance, the director
shall - } , after giving the county not less than 30 days'
notice, conduct a hearing to ascertain whether there is
substantial compliance or satisfactory progress being made toward
compliance. After { - technical assistance is provided and - }
the hearing { - occurs - } , the director { + , with the advice
of the Community Corrections Advisory Board, + } may suspend any
portion of { - the funding - } { + financial aid + } made
available to the county under ORS 423.500 to 423.560 until the
required compliance occurs.
(2) { - Funding - } { + Financial aid + } received by a
county pursuant to ORS 423.530 shall not be used to replace
moneys, other than federal or state funds, currently being used
by the county for existing correctional programs { + for
misdemeanants and shall not be used to develop, build or improve
local correctional facilities as defined by ORS 169.005 + }.
SECTION 11. ORS 137.593, as amended by section 9a, chapter 423,
Oregon Laws 1995, is amended to read:
137.593. (1) Except as otherwise provided in subsection (2) of
this section, when a court suspends the imposition or execution
of sentence and places a defendant on probation, or sentences a
defendant to probation under the rules of the Oregon Criminal
Justice Commission and orders a defendant placed under the
supervision of the Department of Corrections or a county
community corrections agency, the Department of Corrections or
the county community corrections agency shall impose structured,
intermediate sanctions for the violation of conditions of
probation in accordance with rules adopted under ORS 137.595.
Under no circumstances may the Department of Corrections or a
county community corrections agency revoke probation.
(2) { - Notwithstanding ORS 137.124 and 423.478 and any other
provision of law, - } The sentencing judge shall retain
authority:
(a) To revoke probation and receive recommendations regarding
revocation of probation from the supervising officer made in
accordance with rules adopted under ORS 137.595;
(b) To determine whether conditions of probation have been
violated and to impose sanctions for the violations if the court,
at the time of sentencing, states on the record that the court is
retaining such authority; { + and + }
(c) To cause a probationer to be brought before the court for a
hearing upon motion of the district attorney or the court's own
motion prior to the imposition of any structured, intermediate
sanctions or within four judicial days after receiving notice
that a structured, intermediate sanction has been imposed on the
probationer pursuant to rules adopted under ORS 137.595 and to
revoke probation or impose such other or additional sanctions or
modify the conditions of probation as authorized by law { + . + }
{ - ; and - }
{ - (d) To impose and require an offender to serve a period
of incarceration not to exceed 180 days as a sanction for
revocation of probation. - }
(3) In no case may the sentencing judge cause a probationer to
be brought before the court for a hearing and revoke probation or
impose other or additional sanctions after the probationer has
completed a structured, intermediate sanction imposed by the
Department of Corrections or a county community corrections
agency pursuant to rules adopted under ORS 137.595.
SECTION 12. ORS 135.760, as amended by section 9b, chapter 423,
Oregon Laws 1995, is amended to read:
135.760. (1) Any inmate in the custody of the Department of
Corrections { - or of the supervisory authority of a county
pursuant to a commitment under ORS 137.124 (2) - } against whom
there is pending at the time of commitment or against whom there
is filed at any time during imprisonment, in any court of this
state, an indictment, information or criminal complaint charging
the inmate with the commission of a crime, may give written
notice to the district attorney of the county in which the inmate
is so charged requesting the district attorney to prosecute and
bring the inmate to trial on the charge forthwith.
(2) The notice provided for in subsection (1) of this section
shall be signed by the inmate and set forth the place and term of
imprisonment. A copy of the notice shall be sent to the court in
which the inmate has been charged by indictment, information or
complaint.
SECTION 13. ORS 135.767, as amended by section 9c, chapter 423,
Oregon Laws 1995, is amended to read:
135.767. (1) Whenever the presence of an inmate in the custody
of the Department of Corrections { - or of the supervisory
authority of a county pursuant to a commitment under ORS 137.124
(2) - } is necessary in any criminal proceeding under ORS
135.760 to 135.773, the court wherein the inmate is charged with
the commission of a crime may issue an order directing the
Director of the Department of Corrections { - or the
supervisory authority of a county - } to surrender the inmate to
the sheriff of the county where the inmate is to be tried.
(2) The costs of transportation and maintenance of any inmate
removed under this section shall be paid by the county where the
inmate is charged with commission of a crime.
(3) At the conclusion of any criminal proceeding under ORS
135.760 to 135.773, notwithstanding the provisions of ORS
137.140, the inmate shall be returned by the sheriff to the
custody of the Department of Corrections { - or the supervisory
authority of the county in which the inmate is imprisoned - } .
(4) The time during which an inmate is in the custody of the
sheriff under this section is part of and shall be counted as
time served under the original sentence.
SECTION 14. ORS 423.555 is amended to read:
423.555. The Department of Corrections shall establish and
operate { - , with the cooperation and participation of county
community corrections agencies, - } a statewide evaluation and
information system to monitor the effectiveness of correctional
services provided to criminal offenders under ORS 423.500 to
423.560.
SECTION 15. ORS 423.560 is amended to read:
423.560. (1) The board or boards of county commissioners of a
county { - shall convene a local public safety coordinating
council - } { + that is participating under ORS 423.500 to
423.560 shall designate a local corrections advisory
committee + }. The { - council - } { + committee + }
shall { + consist of: + } { - include, but need not be limited
to: - }
{ - (a) A police chief selected by the police chiefs in the
county; - }
{ - (b) The sheriff of the county or, if two or more counties
have joined together to provide community corrections services, a
sheriff selected by the sheriffs in the counties; - }
{ - (c) The district attorney of the county or, if two or
more counties have joined together to provide community
corrections services, a district attorney selected by the
district attorneys of the counties; - }
{ - (d) A state court judge, and a public defender or defense
attorney, both appointed by the presiding judge of the judicial
district in which the county is located; - }
{ - (e) A director of community corrections, a county
commissioner, a juvenile department director, a health or mental
health director and at least one lay citizen, all appointed by
the county commissioners; - }
{ - (f) A city councilor or mayor and a city manager or other
city representative, both selected by the cities in the county;
and - }
{ - (g) A representative of the Oregon State Police, who is a
nonvoting member of the council, selected by the Superintendent
of State Police. - }
{ + (a) A law enforcement officer;
(b) A district attorney;
(c) A circuit court judge;
(d) A public defender or defense attorney;
(e) A probation or parole officer;
(f) A county commissioner from each county or a designee of the
county commissioners; and
(g) Four lay citizens, two of whom must have been direct
victims of felony crimes or must have an immediate family member
who was a direct victim of a felony crime. As used in this
paragraph, 'immediate family member' means a parent, grandparent,
sibling, child or grandchild.
(2) The committee shall actively participate in the design of
the county's community corrections plan and application for
financial aid, observe the operation of community corrections in
the county, develop appropriate recommendations for improvement
or modification and make an annual report to the county
commissioners or community corrections manager of the county. + }
{ - (2) The boards of county commissioners of two or more
counties may jointly convene a single, regional local public
safety coordinating council by means of an intergovernmental
agreement. Local officials may combine the council with existing
local criminal justice advisory councils established under ORS
1.851. The local public safety coordinating council shall, at a
minimum: - }
{ - (a) Develop and recommend to the county board of
commissioners a plan for use of: - }
{ - (A) State resources to serve the local offender
population; and - }
{ - (B) State and local resources to serve the needs of that
part of the local offender population who are at least 15 years
of age and less than 18 years of age, which plan must provide for
coordination of community-wide services involving prevention,
treatment, education, employment resources and intervention
strategies; and - }
{ - (b) Coordinate local criminal justice policy among
affected criminal justice entities. - }
SECTION 16. ORS 423.565 is amended to read:
423.565. { - In addition to the duties assigned to it under
ORS 423.560, - } { + (1) The board of county commissioners of a
county shall convene a public safety coordinating council. The
council shall include, but need not be limited to:
(a) A police chief selected by the police chiefs in the county;
(b) The sheriff of the county or, if two or more counties have
joined together to provide community corrections services, a
sheriff selected by the sheriffs in the counties;
(c) The district attorney of the county or, if two or more
counties have joined together to provide community corrections
services, a district attorney selected by the district attorneys
of the counties;
(d) A state court judge and a public defense attorney, both
appointed by the presiding judge of the judicial district in
which the county is located;
(e) A director of community corrections, a county commissioner,
a juvenile department director, a health or mental health
director and one lay citizen, all appointed by the county
commissioners;
(f) A city councilor or mayor and a city manager or other city
representative, both selected by the cities in the county;
(g) Two crime victims;
(h) A police officer; and
(i) A representative of the Oregon State Police, who is a
nonvoting member of the council, selected by the Superintendent
of State Police.
(2) The public safety coordinating council may be a combination
of local governmental units, including multiple counties by means
of regional intergovernmental agreements. Local officials may
combine the council with existing local criminal justice advisory
councils established under ORS 1.851. + } The { - local - }
public safety coordinating council { - convened by the board of
commissioners - } shall, at a minimum:
{ - (1) - } { + (a) + } Develop and recommend to the county
board of commissioners the plan for use of state resources to
serve the local youth offender population;
{ - (2) - } { + (b) + } Coordinate local juvenile justice
policy among affected juvenile justice entities; and
{ - (3) - } { + (c) + } In consultation with the local
commission on children and families, develop and recommend to the
county board of commissioners a plan designed to prevent criminal
involvement by youth. The plan must provide for coordination of
community-wide services involving treatment, education,
employment and intervention strategies aimed at crime prevention.
SECTION 17. ORS 423.570, as amended by section 14, chapter 423,
Oregon Laws 1995, is amended to read:
423.570. (1) A person sentenced to probation or placed by an
authority on parole, post-prison supervision or other form of
release, subject to supervision { + by either the Department of
Corrections or, directly or indirectly, + } by a community
corrections program established under ORS 423.500 to 423.560,
shall be required to pay a monthly fee to offset costs of
supervising the probation, parole, post-prison supervision or
other supervised release.
(2) A person sentenced to probation or placed by an authority
on parole, post-prison supervision or other form of release,
subject to supervision other than by { + either the Department
of Corrections or + } a community corrections program established
under ORS 423.500 to 423.560, may be required by the releasing
authority to pay a monthly fee to offset costs of supervising the
probation, parole, post-prison supervision or other supervised
release.
(3) When a fee is required under subsection (1) of this
section, the fee shall be determined and fixed by the releasing
authority but shall be at least $25, and if the releasing
authority fails to establish the amount of a released person's
required fee, the fee shall be $25.
(4) Fees are payable one month following the commencement of
probation, parole, post-prison supervision or other supervised
release and at one-month intervals thereafter. { + Fees shall be
collected as follows:
(a) + } If the released person is supervised under county
authority { + , other than by the Department of Corrections + },
the county shall collect or provide by contract for the
collection of the fee from the released person and shall retain
the fee to be used by the county for funding of its community
corrections program { + or, if it has no community corrections
program, then for general governmental purposes + }.
{ + (b) If the released person is supervised by the
Department of Corrections, the department shall collect or
provide by contract for the collection of the fee from the
released person and shall retain the fee. Moneys received by the
Department of Corrections are continuously appropriated to the
Department of Corrections for use in financing department field
services. + }
(5) Except in the case of a probation granted by a court before
that date, the fee requirements imposed by this section apply
beginning July 1, 1981, to all persons under supervised
probation, parole, post-prison supervision or other form of
supervised release pursuant to subsection (1) of this section,
including persons on such supervised release in this state under
any interstate agreement. Timely payment of the fee is hereby
made a condition of such probation, parole, post-prison
supervision or other supervised release. In the case of a
probation granted by a court prior to July 1, 1981, the court may
amend its order granting probation to provide for payment of the
fee.
(6) In cases of financial hardship or when otherwise advisable
in the interest of the released person's rehabilitation:
(a) The community corrections manager { + or the Director of
the Department of Corrections, whoever is appropriate, or the
designee thereof, + } may waive or reduce the amount of the fee.
(b) The sentencing court may waive or reduce the amount of the
fee for any person whom the court has sentenced to probation. If
any of the fee requirement is reduced by the court, only the
court may restore the requirement.
SECTION 18. ORS 144.108, as amended by section 17, chapter 423,
Oregon Laws 1995, is amended to read:
144.108. (1) If the violation of post-prison supervision is new
criminal activity or if the supervisory authority finds that
{ - the continuum of - } { + local + } sanctions { - is - }
{ + are + } insufficient punishment for a violation of the
conditions of post-prison supervision, the supervisory authority
may request the State Board of Parole and Post-Prison Supervision
to { - impose the most restrictive local option available,
including incarceration in jail - } { + return the released
person to a state correctional facility + }.
(2) If so requested, the board or its designated representative
shall hold a hearing to determine whether
{ - incarceration in jail - } { + imprisonment + } is
appropriate. Except as otherwise provided by rules of the
Department of Corrections concerning parole and post-prison
supervision violators, the board may impose a { - sanction - }
{ + term of imprisonment + } up to the maximum provided by
rules of the Oregon Criminal Justice Commission. In conducting a
hearing pursuant to this subsection, the board or its designated
representative shall follow the procedures and the offender shall
have all the rights described in ORS 144.343 and 144.347 relating
to revocation of parole.
(3) A person who is ordered to serve a term of
{ - incarceration in jail - } { + imprisonment + } as a
sanction for a post-prison supervision violation is not eligible
for:
(a) Earned credit time as defined in ORS 421.121;
(b) Transitional leave as defined in ORS 421.168; or
(c) Temporary leave as defined in ORS 421.165.
(4) A person who is ordered to serve a term of
{ - incarceration in jail - } { + imprisonment + } as a
sanction for a post-prison supervision violation shall receive
credit for time served { + in a state or local correctional
facility + } on the post-prison supervision violation prior to
the board's imposition of a term of { - incarceration in
jail - } { + imprisonment + }.
SECTION 19. ORS 144.232, as amended by section 18, chapter 423,
Oregon Laws 1995, is amended to read:
144.232. (1) A person sentenced under ORS 161.725 and 161.735
as a dangerous offender for felonies committed on or after
November 1, 1989, shall be considered for release to post-prison
supervision. The offender is eligible for release to post-prison
supervision after having served the required incarceration term
established under ORS 161.737.
(2) The State Board of Parole and Post-Prison Supervision shall
hold a release hearing no later than 10 days prior to the date on
which the offender becomes eligible for release on post-prison
supervision as provided in subsection (1) of this section.
(3) The dangerous offender's eligibility for and release to
post-prison supervision shall be determined in a manner
consistent with the procedures and criteria required by ORS
144.228 for the parole determination process applicable to
dangerous offenders sentenced for crimes committed prior to
November 1, 1989.
(4) An offender released under this section shall serve the
remainder of the sentence term imposed under ORS 161.725, 161.735
and 161.737 on post-prison supervision, however:
(a) Notwithstanding ORS 137.010 or the rules of the Oregon
Criminal Justice Commission, the State Board of Parole and
Post-Prison Supervision may { - sanction an offender to the
supervision of the local authority for a maximum period of 180
days - } { + return an offender to prison as a sanction + } for
any supervision violation. The sanction may be imposed repeatedly
during the term of post-prison supervision for subsequent
supervision violations.
(b) After release under this section, the board may at any time
return the offender to prison and require the offender to submit
to a psychiatric or psychological examination as provided for in
ORS 144.226. If the board finds that the offender's dangerousness
has returned and cannot be adequately controlled with supervision
and mental and physical health treatment, or that resources for
supervision and treatment are not available to the offender, the
board may defer the offender's release from prison for an
indefinite period of time. An offender returned to prison under
this paragraph is entitled to periodic reviews once every two
years for possible release to post-prison supervision as provided
by subsection (3) of this section.
SECTION 20. ORS 144.340, as amended by section 19, chapter 423,
Oregon Laws 1995, is amended to read:
144.340. (1) The Department of Corrections, in accordance with
the rules and regulations or directions of the State Board of
Parole and Post-Prison Supervision or the Governor, as the case
may be, may cause to have retaken and returned persons to the
institution, { - or to the supervision of the local
authority, - } whether in or out of the state, whenever they have
violated the conditions of their parole or post-prison
supervision.
(2) Persons retaken and returned to this state from outside the
state upon order or warrant of the Department of Corrections,
State Board of Parole and Post-Prison Supervision or the
Governor, for violation of conditions of their parole or
post-prison supervision, shall be detained in a Department of
Corrections facility pending any hearing concerning the alleged
violation, and ultimate disposition by the State Board of Parole
and Post-Prison Supervision.
(3) Persons retaken and returned to this state from outside the
state under this section are liable for the costs and expenses of
retaking and returning the person { + . + } { - upon: - }
{ - (a) A finding by the State Board of Parole and
Post-Prison Supervision of present or future ability to pay;
and - }
{ - (b) Order of the State Board of Parole and Post-Prison
Supervision. - }
SECTION 21. ORS 144.085 is amended to read:
144.085. (1) { + The State Board of Parole and Post-Prison
Supervision shall adopt rules providing for periods of active
parole and post-prison supervision subject to the following:
(a) + } All prisoners { - sentenced to prison for more than
12 months - } shall serve { + at least + } { - active periods
of parole or post-prison supervision as follows - } :
{ - (a) - } { + (A) + } Six months of active parole or
post-prison supervision for crimes in crime categories one to
three;
{ - (b) - } { + (B) + } Twelve months of active parole or
post-prison supervision for crimes in crime categories four to
{ - 10 - } { + six; and
(C) Eighteen months of active parole or post-prison supervision
for crimes in crime categories seven to 11 + };
{ - (c) - } { + (b) + } Prisoners sentenced as dangerous
offenders under ORS 161.725 and 161.735, for aggravated murder
under ORS 163.105 or for murder under ORS 163.115 shall serve at
least three years of active parole or post-prison
supervision; { + and + }
{ - (d) - } { + (c) + } Prisoners sentenced for violating
or attempting to violate ORS 163.375, 163.405, 163.408, 163.411,
163.425 or 163.427 shall serve a term of parole that extends for
the entire term of the offender's sentence or a term of
post-prison supervision as provided in ORS 144.103 { + . + }
{ - ; and - }
{ - (e) Prisoners sentenced for robbery in the first degree
under ORS 164.415 or for arson in the first degree under ORS
164.325 shall serve three years of active parole or post-prison
supervision. - }
{ - (2) Except as authorized in subsections (3) and (4) of
this section, when an offender has served the active period of
parole or post-prison supervision established under subsection
(1)(a) or (b) of this section, the supervisory authority shall
place the offender on inactive supervision status. - }
{ - (3) - } { + (2) + } No sooner than 30 days prior to the
expiration of an offender's active parole or post-prison
supervision { + , the supervising officer + } { - period as
provided in subsection (1) of this section, the supervisory
authority - } may send to the State Board of Parole and
Post-Prison Supervision a { - report requesting the board to
extend the active supervision period or to return the offender to
active supervision status, not to exceed the supervision term
imposed by the sentencing court under the rules of the Oregon
Criminal Justice Commission and applicable laws, - } { +
closing summary + } if the offender has { - not - }
substantially fulfilled the supervision conditions { - or has
failed to complete payment of restitution - } . The
{ - report - } { + summary + } shall include:
(a) An evaluation of the offender's compliance with supervision
conditions;
(b) The status of the offender's court ordered monetary
obligations, including fines and restitution, if any;
(c) The offender's employment status;
(d) The offender's address;
(e) Treatment program outcome;
(f) Any new criminal activity; and
(g) A recommendation that the board { - extend the
supervision period or return the offender to active supervision
status - } { + place the offender on inactive parole or
post-prison supervision + }.
{ + (3) Upon completion of the period of supervision and
after reviewing the closing summary submitted under subsection
(2) of this section, the board may:
(a) Order a period of inactive parole or post-prison
supervision that shall continue until the expiration of the
sentence; or + }
{ - (4) - } { + (b) + } { - After reviewing the report
submitted under subsection (3) of this section, the board may - }
Extend the { - active - } supervision period { - or return
the offender to active supervision status, not to exceed the
supervision term imposed by the sentencing court under the rules
of the Oregon Criminal Justice Commission and applicable
laws, - } if it finds the offender has not substantially
fulfilled the supervision conditions or has failed to complete
payment of restitution.
{ - (5) - } { + (4) + } During the pendency of any
violation proceedings, the running of the supervision period and
the sentence is stayed, and the board has jurisdiction over the
offender until the proceedings are resolved.
{ - (6) - } { + (5) + } The board shall send written
notification to the supervised offender of the expiration of the
sentence.
SECTION 22. ORS 144.102, as amended by section 23, chapter 423,
Oregon Laws 1995, is amended to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision shall specify in writing the conditions of
post-prison supervision imposed under ORS 144.096. A copy of the
conditions shall be given to the person upon release from prison.
(2) The board shall determine, and may at any time modify, the
conditions of post-prison supervision which may include, among
other conditions, that the person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives { - or other supervisory authority - }
and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board { - , the
department - } or the { + department's + } supervisory
authority.
(d) Report to the parole officer as directed by the board
{ - , the department - } or the { + department's + }
supervisory authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, at its discretion, punish
violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board requires attendance
under this paragraph, the board may require the person, as an
additional condition of post-prison supervision, to pay a
reasonable fee to the victim impact program to offset the cost of
the person's participation. The board shall not order a person to
pay a fee in excess of $5 under this paragraph.
(3) The board may establish such special conditions as it shall
determine are necessary because of the individual circumstances
of the person under post-prison supervision.
(4) The board may require the person to pay, as a condition of
post-prison supervision, any compensatory fines, restitution or
attorney fees imposed by the sentencing court.
(5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress may not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
SECTION 23. ORS 144.104, as amended by section 24, chapter 423,
Oregon Laws 1995, is amended to read:
144.104. (1) Upon release from prison, the person shall be
supervised by the Department of Corrections or { - other
supervisory authority - } { + the corrections agency designated
by the department + }.
(2) During the period of post-prison supervision, the
supervisory authority may adjust the level of supervision and
recommend to the State Board of Parole and Post-Prison
Supervision revisions to the conditions of supervision
appropriate to the released person's conduct in the community.
SECTION 24. ORS 144.350, as amended by section 25, chapter 423,
Oregon Laws 1995, is amended to read:
144.350. (1) The Department of Corrections { - or other
supervisory authority - } may order the arrest and detention of
any person then under the supervision or control of the
department { - or other supervisory authority - } upon being
informed and having reasonable grounds to believe that such
person has violated the conditions of parole, post-prison
supervision, probation, conditional pardon or other conditional
release from custody. Before issuing such an order, the
department { - or other supervisory authority - } shall
investigate for the purpose of ascertaining whether the terms of
the parole, post-prison supervision, probation, conditional
pardon or other conditional release have been violated.
(2) Notwithstanding subsection (1) of this section, the
department { - or other supervisory authority - } may order
the arrest and detention of any person under its supervision or
control if it has reasonable grounds to believe that such person
is a danger to self or to others. A hearing shall follow as
promptly as convenient to the parties to determine whether
probable cause exists to continue detention pending a final
determination of the case.
SECTION 25. ORS 144.360, as amended by section 26, chapter 423,
Oregon Laws 1995, is amended to read:
144.360. Any order issued by the Department of Corrections
{ - or other supervisory authority - } as authorized by ORS
144.350 constitutes full authority for the arrest and detention
of the violator, and all the laws applicable to warrants of
arrest shall apply to such orders.
SECTION 26. ORS 420.011, as amended by section 28, chapter 423,
Oregon Laws 1995, is amended to read:
420.011. (1) Except as provided in subsections (2) and (3) of
this section, admissions to the youth correction facilities are
limited to persons 12 years of age and older but less than 19
years of age, found by the juvenile court to be within the
court's jurisdiction for committing an act that if committed by
an adult would constitute aggravated murder, murder, a felony or
a Class A misdemeanor and placed in the legal custody of the
Oregon Youth Authority. No youth under the age of 12 years may be
admitted to, received by or cared for in a youth correction
facility. No youth admitted to a youth correction facility shall
be transferred by administrative process to any penal or
correctional institution.
(2)(a) In addition to the persons placed in the legal custody
of the youth authority under ORS 419C.478 (1) or 419C.481, and
with the concurrence of the Director of the Oregon Youth
Authority or the director's designee, persons who are committed
to the Department of Corrections under ORS 137.124 and meet the
requirements of ORS 137.124 (1)(b) or { - (5) - } { + (4) + }
may be temporarily assigned to a youth correction facility as
provided by ORS 137.124 (1)(b) or { - (5) - } { + (4) + }. A
person assigned on such a temporary basis remains within the
legal custody of the Department of Corrections and such
reassignment is subject to termination by the Director of the
Oregon Youth Authority by referring the person back to the
Department of Corrections as provided in paragraph (b) of this
subsection.
(b) After a person is transferred to the physical custody of
the youth authority under ORS 137.124 (1)(b) or { - (5) - }
{ + (4) + }, the Director of the Oregon Youth Authority may
refer the person back to the Department of Corrections for
physical custody and placement if the director, after consulting
with the Department of Corrections, determines that the person:
(A) Poses a substantial danger to youth authority staff or
persons in the custody of the youth authority; or
(B) Is not likely, in the foreseeable future, to benefit from
the rehabilitation and treatment programs administered by the
youth authority and is appropriate for placement in a Department
of Corrections institution.
(3) Any person under 18 years of age who, after waiver under
ORS 419C.349, 419C.352, 419C.364 or 419C.370, is sentenced to a
term of imprisonment in the custody of the Department of
Corrections, and any person under 16 years of age who after
waiver is sentenced to a term of imprisonment in the county jail,
shall be temporarily assigned to a youth correction facility by
the Department of Corrections, or by the sheriff to whose custody
the person has been committed, pursuant to ORS 137.124
{ - (6) - } { + (5) + }. The director shall designate the
appropriate youth correction facility or schools for such
assignment. A person assigned to a youth correction facility
under ORS 137.124 { - (6) - } { + (5) + } and this subsection
remains within the legal custody of the Department of Corrections
or sheriff to whose custody the person was committed. The
assignment of such a person to the youth correction facility is
subject, when the person is 16 years of age or older, to
termination by the director by referring the person back to the
Department of Corrections or the sheriff to serve the balance of
the person's sentence. Assignment to a youth correction facility
pursuant to ORS 137.124 { - (6) - } { + (5) + } and this
subsection, if not terminated earlier by the director, shall
terminate upon the person's attaining the age specified in ORS
420A.010 (4) setting the age limits for which the Oregon Youth
Authority may retain legal and physical custody of the person,
and the person shall be referred to the Department of Corrections
or the sheriff having legal custody of the person to serve the
balance of the person's sentence.
(4) Whenever a person committed to the custody of the
Department of Corrections is temporarily assigned to a youth
correction facility pursuant to this section, the youth authority
shall have authority to provide such programs and treatment for
such person, and to adopt rules relating to conditions of
confinement at the youth correction facility, as the youth
authority determines are appropriate. However, the person shall
remain subject to laws and rules of the State Board of Parole and
Post-Prison Supervision relating to parole.
SECTION 27. ORS 137.320, as amended by section 29, chapter 423,
Oregon Laws 1995, is amended to read:
137.320. (1) When a judgment includes commitment to the legal
and physical custody of the Department of Corrections, the
sheriff shall deliver the defendant, together with a copy of the
entry of judgment and a statement signed by the sheriff of the
number of days the defendant was imprisoned prior to delivery, to
the superintendent of the Department of Corrections institution
to which the defendant is initially assigned pursuant to ORS
137.124.
{ - If at the time of entry of a judgment, the defendant was
serving a term of incarceration at the direction of the
supervisory authority of a county upon conviction of a prior
felony, the sheriff shall also deliver to the Department of
Corrections a copy of the prior entry of judgment committing the
defendant to the supervisory authority of the county of
conviction and a statement of the number of days the defendant
has remaining to be served on the term or incarceration imposed
in the prior judgment. - }
(2) If the defendant is surrendered to another legal authority
prior to delivery to an institution of the Department of
Corrections, the sheriff shall forward to the Department of
Corrections { - copies - } { + a copy + } of the entry of
{ - all pertinent judgments - } { + judgment + }, a statement
of the number of days the defendant was imprisoned prior to
surrender { - , a statement of the number of days the defendant
has remaining to be served on any term of incarceration the
defendant was serving at the direction of the supervisory
authority of a county upon conviction of a prior felony - } and
an identification of the authority to whom the prisoner was
surrendered.
(3) Upon receipt of the information described in subsection (1)
or (2) of this section, the Department of Corrections shall
establish a case file and compute the defendant's sentence in
accordance with the provisions of ORS 137.370.
(4) When the judgment is imprisonment in the county jail or a
fine and that the defendant be imprisoned until it is paid, the
judgment shall be executed by the sheriff of the county. The
sheriff shall compute the time the defendant was imprisoned after
arrest and prior to the commencement of the term specified in the
judgment. Such time shall be credited towards the term of the
sentence.
SECTION 28. { + (1) When a county pursuant to ORS 423.500 to
423.560 assumes responsibility for any portion of corrections
services previously provided by the Department of Corrections,
the county and the department shall enter into an
intergovernmental agreement that includes an approved local
community corrections plan, program descriptions, budget
allocation, performance objectives and method of evaluation for
each corrections service to be provided by either the county or
the department. Funds appropriated for the provision of these
corrections services shall be apportioned between the department
and the county as provided for in each intergovernmental
agreement drawn to effect the purposes of ORS 423.505 and this
section.
(2) Any state corrections field officer, immediate supervisor
of such corrections officer or any supporting clerical personnel
whose job involves rendering services assumed by the county may
transfer to employment by the county or may remain in the
employment of the department and provide field services to the
county under the terms of a contract for services between the
county and the department. The county shall pay the department
for any services rendered by such employees on an actual cost
basis. Any such employee transferring to county employment under
this section shall not suffer any reduction in salary or loss of
employee benefits as a result of the transfer.
(3) Any such employee who transfers employment pursuant to
subsection (2) of this section shall be entitled to reenter state
employment within 30 days if the county to which the employee has
transferred withdraws from participation under ORS 423.500 to
423.560 or if funds are not appropriated to carry out the
purposes of ORS 423.500 to 423.560. + }
SECTION 29. { + Sections 30 to 32 of this Act are added to and
made a part of ORS 423.500 to 423.560. + }
SECTION 30. { + It hereby is declared:
(1) There is a critical lack of community-based sanctions that
are alternatives to incarceration.
(2) That as a matter of legislative determination, there is a
necessity to develop and implement such alternatives. + }
SECTION 31. { + (1) There is established in the State
Treasury, separate and distinct from the General Fund, the
Community Sanctions and Alternatives Fund. The Community
Sanctions and Alternatives Fund shall be administered by the
Department of Corrections. The Community Corrections Advisory
Board shall review and recommend approval of applications for
funding.
(2) The purpose of the fund shall be to promote the development
of programs and facilities that provide alternative sanctions and
structured programs in the community that protect society and
prevent recidivism. + }
SECTION 32. { + (1) Eligibility for funding from the Community
Sanctions and Alternatives Fund shall be limited to
community-based organizations or individuals providing one or
more of the following in a residential or nonresidential setting:
(a) Structured community sanctions for offenders.
(b) Drug and alcohol programs for at-risk offenders.
(c) Reentry programs for offenders leaving institutions.
(d) Preadjudication programs for persons in the criminal
justice system.
(e) Other alternatives to incarceration.
(2) Although all programs that show a likelihood of success are
eligible for funding, the Community Corrections Advisory Board
shall give priority to programs that:
(a) Have demonstrated past success in reducing recidivism; and
(b) Provide service to identifiable groups that have fewer
resources than the general offender population.
(3) In recommending funding, the advisory board shall consider
and seek to complement the approved local community corrections
plan.
(4) The advisory board shall adopt rules regarding the
requirements for proposals and the process for submitting
proposals to the advisory board. + }
SECTION 33. 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; and
(f) 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.
SECTION 34. { + (1) There is created a Task Force on Parole,
Probation and Structured Sanctions consisting of seven members
appointed by the Governor and two ex officio members appointed as
follows:
(a) One member of the House of Representatives appointed by the
Speaker of the House of Representatives; and
(b) One member of the Senate appointed by the President of the
Senate.
(2) The Task Force on Parole, Probation and Structured
Sanctions shall:
(a) Review the existing structure for providing parole and
probation services;
(b) Consider the possibility of consolidating the provision of
parole and probation services into the state court system under
the authority of the State Court Administrator and the Oregon
Supreme Court; and
(c) Review the structured sanctions established under ORS
137.592, 137.593, 137.595, 137.597 and 137.599.
(3) No later than January 15, 1997, the Task Force on Parole,
Probation and Structured Sanctions shall submit a report to the
Sixty-ninth Legislative Assembly containing its findings and any
proposed legislation.
(4) The Legislative Administrator shall provide clerical staff
necessary for the performance of the clerical functions of the
task force.
(5) Members of the Legislative Assembly are entitled to an
allowance as authorized by ORS 171.072. Claims for expenses
incurred in performing functions of the task force shall be paid
out of funds appropriated for that purpose.
(6) All agencies, departments and officers of this state are
directed to assist the task force in the performance of its
functions and to furnish any information and advice as the
members of the task force consider necessary to perform their
functions. + }
SECTION 35. { + (1) ORS 144.087, 423.475, 423.478 and 423.483
are repealed.
(2) ORS 423.549 is repealed and section 28 of this Act is
enacted in lieu thereof.
(3) Sections 4a, 5a, 12a, 20, 31, 32 and 33, chapter 423,
Oregon Laws 1995, are repealed.
(4) Nothing in the repeal of section 12a, chapter 423, Oregon
Laws 1995, by subsection (3) of this section affects the repeal
of section 12, chapter 423, Oregon Laws 1995, by section 12a,
chapter 423, Oregon Laws 1995.
(5) The repeal of section 33, chapter 423, Oregon Laws 1995, by
subsection (3) of this section is intended to restore the
appropriations and expenditure limitations contained in chapter
434, Oregon Laws 1995, to the amounts listed in chapter 434,
Oregon Laws 1995, before the enactment of chapter 423, Oregon
Laws 1995. + }
SECTION 36. { + In addition to and not in lieu of any other
appropriations or moneys made available by law or from any other
sources, there is appropriated to the Emergency Board, for the
biennium ending June 30, 1997, out of the General Fund, the sum
of $5 million, to be allocated for debt service, start-up costs
and operating costs of correctional facilities. + }
SECTION 37. { + (1) The amount allocated to the Oregon
Department of Administrative Services for certificates of
participation and other financing agreements by section 1,
chapter 410, Oregon Laws 1995, is increased by $9 million.
(2) Of the amount allocated to the Oregon Department of
Administrative Services for certificates of participation and
other financing agreements by section 1, chapter 410, Oregon Laws
1995, as increased by subsection (1) of this section:
(a) $47 million is dedicated to financing the construction of
the state correctional facilities referred to in section 1 of
this Act; and
(b) $21 million is dedicated to financing the construction of
the facilities listed in section 41 of this Act. + }
SECTION 38. { + (1) A county shall receive one day-credit for
each day a felony offender spends in a county correctional
facility:
(a) While awaiting trial;
(b) After trial but before sentencing; and
(c) As a sanction under the structured sanction + } { +
program established under ORS 137.592, 137.593, 137.595, 137.597
and 137.599.
(2) A county may use day-credits accumulated under subsection
(1) of this section to house county inmates in state area
correctional facilities. A county is entitled to one day of
inmate incarceration in a state area correctional facility for
each day-credit accumulated. + }
SECTION 39. { + The Department of Corrections shall submit
legislation implementing the provisions of section 38 of this Act
to the Sixty-Ninth Legislative Assembly. + }
SECTION 40. { + Section 38 becomes operative on July 1,
1997. + }
SECTION 41. { + Notwithstanding any other law and for the
purpose of carrying out the provisions of this Act, the following
amounts are established for the biennium beginning July 1, 1995,
as the maximum limit for payment of expenses from fees, moneys or
other revenues, including Miscellaneous Receipts, excluding
lottery funds, including federal funds, collected or received by
the Department of Corrections for the acquisition of land,
construction, acquisition, expansion or remodeling of local
correctional facilities for the following counties: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1Bake...............$155,000
(2) Clatsop.........$673,260
(3) Columbia........$761,420
(4) Coos...........3,142,360
(5) Curry...........$200,000
(6) Deschutes, Crook,
Jefferson, Harn2,396,898
(7) Douglas........2,035,799
(8) Gilliam, Hood River,
Morrow, Sherman, Wasco,
Wheeler........3,300,000
(9) Grant...........$122,452
(10)Jackson, Joseph5,500,000
(11)Malheur.........$872,466
(12)Tillamook.......$685,833
(13)Umatilla........$959,006
(14)Union, Wallow371,000 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 42. { + (1) All decisions approving or denying
applications and requests for financing under ORS 423.525 (1995
Edition) are final. No such decision is subject to judicial
review of any kind.
(2) After approval but prior to the solicitation of bids or
proposals for the construction of a project approved under
section 41 of this Act, the county or group of counties and the
Department of Corrections shall enter into a written agreement
that determines the procedures, and the parties responsible, for
the awarding of contracts and the administration of the
construction project for the project. If the parties are unable
to agree on the terms of the written agreement, the Governor
shall decide the terms of the agreement. The Governor's decision
is final.
(3) After approval of a construction project, the
administration of the project shall be conducted as provided in
the agreement required by subsection (2) of this section. The
agreement must require at a minimum that the county or group of
counties shall submit to the department any change order or
alteration of the design of the project that, singly or in the
aggregate, reduces the capacity of the correctional facility or
materially changes the services or functions of the project. The
change order or alteration is not effective until approved by the
department. In reviewing the change order or alteration, the
department shall consider whether the implementation of the
change order or alteration will have any material adverse impact
on the parties to any financing agreements or the holders of any
certificates of participation issued to fund county correctional
facilities under this section. In making its decision, the
department may rely on the opinions of the Department of Justice,
bond counsel or professional financial advisers.
(4) Notwithstanding ORS 283.085, for purposes of this section,
'financing agreement' means a lease purchase agreement, an
installment sale agreement, a loan agreement or any other
agreement to finance a correctional facility listed in section 41
of this Act, or to refinance a previously executed financing
agreement for the financing of a correctional facility. The state
is not required to own or operate a correctional facility in
order to finance it under ORS 283.085 to 283.092, 423.525 (1995
Edition) and this section. The state, county or group of counties
may enter into any agreements, including, but not limited to,
leases and subleases, that are reasonably necessary or generally
accepted by the financial community for purposes of acquiring or
securing financing as authorized by ORS 423.525 (1995 Edition)
and this section. In financing county correctional facilities
under ORS 423.525 (1995 Edition) and this section, 'property
rights' as used in ORS 283.085 includes leasehold mortgages of
the state's rights under leases of correctional facilities from
counties.
(5) Notwithstanding any other provision of state law, county
charter or ordinance, a county may convey or lease to the State
of Oregon, acting by and through the Department of Corrections,
title to interests in, or a lease of, any real property,
facilities or personal property owned by the county for the
purpose of financing the construction, acquisition, expansion or
remodeling of a correctional facility. Upon the payment of all
principal and interest on, or upon any other satisfaction of, the
financing agreement used to finance the construction,
acquisition, expansion or remodeling of a correctional facility,
the state shall reconvey its interest in, or terminate and
surrender its leasehold of, the property or facilities, including
the financed construction, acquisition, expansion or remodeling,
to the county. In addition to any authority granted by ORS
283.089, for the purposes of obtaining financing, the state may
enter into agreements under which the state may grant to trustees
or lenders leases, subleases and other security interests in
county property conveyed or leased to the state under this
subsection and in the property or facilities financed by
financing agreements.
(6) In connection with the financing of correctional
facilities, the Director of the Oregon Department of
Administrative Services may bill the Department of Corrections,
and the Department of Corrections shall pay the amounts billed,
in the same manner as provided in ORS 283.089. As required by ORS
283.091, the Department of Corrections and the Oregon Department
of Administrative Services shall include in the Governor's budget
request to the Legislative Assembly all amounts that will be due
in each fiscal period under financing agreements for correctional
facilities. Amounts payable by the state under a financing
agreement for the construction, acquisition, expansion or
remodeling of a correctional facility are limited to available
funds as defined in ORS 283.085, and no lender, trustee,
certificate holder or county has any claim or recourse against
any funds of the state other than available funds.
(7) The obligation of the state to provide funding and the
scheduling for providing funding of a project approved under ORS
423.525 (1995 Edition) and this section is dependent upon the
ability of the state to access public security markets to sell
financing agreements. + }
SECTION 43. { + The Department of Corrections shall enter into
intergovernmental agreements with the counties of this state to
ensure the maximum efficiency in the use of state area
correctional facilities and county correctional facilities. + }
SECTION 44. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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