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
House Bill 3489
Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS
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.
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.
A BILL FOR AN ACT
Relating to corrections; creating new provisions; amending ORS
137.330, 138.620, 144.087, 169.320, 421.294 and 423.525 and
section 1, chapter 621, Oregon Laws 1995; repealing sections 1,
2, 3, 4 and 5, chapter 802, Oregon Laws 1993; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A county may enter into an agreement with
one or more other counties of this state under ORS 190.010 for
the confinement and detention of offenders subject to the legal
and physical custody of the county. The agreement may provide for
the reception, detention, care and maintenance, and work
assignment of:
(a) Pretrial detainees;
(b) Offenders convicted of a misdemeanor; and
(c) Offenders convicted of a felony who are:
(A) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration; or
(B) 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.
(2) A county may enter into an agreement with the Department of
Corrections under ORS 190.110 for the confinement and detention
of offenders subject to the legal and physical custody of the
county. The agreement may provide for the reception, detention,
care and maintenance, and work assignment of:
(a) Offenders convicted of a misdemeanor; and
(b) Offenders convicted of a felony who are:
(A) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration; or
(B) 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.
(3) An agreement entered into under ORS 190.110 and subsection
(2) of this section shall include a provision that the county
reimburse the Department of Corrections for its costs incurred in
confining the county inmate. Reimbursement shall be made on a per
diem basis at a rate determined by the department to be its
average daily incarceration cost per inmate. In lieu of
reimbursement, the department and county may enter into an
agreement providing for the comparable exchange of inmates as
determined by the department. + }
SECTION 2. { + Whenever a judge sentences a person to a term
of incarceration in a county jail, the judgment may be executed
by confinement in another county or in a state correctional
facility if the county in which the person would otherwise be
imprisoned:
(1) Has entered into an intergovernmental agreement as provided
in section 1 of this Act; or
(2) Is located within an intergovernmental corrections entity
formed under section 9 of this Act. + }
SECTION 3. ORS 137.330 is amended to read:
137.330. (1) Except as provided in ORS 137.140 { + , 423.478 or
section 2 of this 1996 Act + }, a judgment of imprisonment in the
county jail shall be executed by confinement in the jail of the
county where the judgment is given, except that when the place of
trial has been changed, the confinement shall take place in the
jail of the county where the action was commenced.
(2) The jailor of any county jail to which a prisoner is
ordered, sentenced or delivered pursuant to ORS 137.140 shall
receive and keep such prisoner in the same manner as if the
prisoner had been ordered, sentenced or delivered to the jailor
by an officer or court of the jailor's own county; but the county
in which the prisoner would be imprisoned except for the
provisions of ORS 137.140 shall pay all the expenses of keeping
and maintaining the prisoner in said jail.
SECTION 4. ORS 138.620 is amended to read:
138.620. (1) After the response of the defendant to the
petition, the court shall proceed to a hearing on the issues
raised. If the defendant's response is by demurrer or motion
raising solely issues of law, the circuit court need not order
that petitioner be present at such hearing, so long as petitioner
is represented at the hearing by counsel. At the hearing upon
issues raised by any other response, the circuit court shall
order that petitioner be present. { + Whenever the court orders
that petitioner be present at the hearing, the court may order
that petitioner appear via telephonic or other means approved by
the court rather than in person. + }
(2) If the petition states a ground for relief, the court shall
decide the issues raised and may receive proof by affidavits,
depositions, oral testimony or other competent evidence.
{ + Oral testimony may be taken via telephonic or other means
approved by the court. + } The burden of proof of facts alleged
in the petition shall be upon the petitioner to establish such
facts by a preponderance of the evidence.
SECTION 5. ORS 169.320 is amended to read:
169.320. { + (1) + } Except as otherwise provided in ORS
169.170 to 169.210, each county sheriff { - shall have - }
{ + has + } custody and control of all persons legally
committed or confined in the county local correctional facility
of the county of the sheriff during the period of { - such - }
{ + the + } commitment or confinement { + . + } { - ; and - }
Under the direction of the county court or board of county
commissioners of the county, the sheriff { - shall work
such - } { + may cause the + } prisoners in the county local
correctional facility { - as are held to labor under
existing - } { + to engage in any work that is otherwise
authorized by + } law. The work shall be { + performed + } at
{ - such - } { + the + } places and { - such time - }
{ + times + } and in { - such - } { + the + } manner as the
court or board may direct. The sheriff may retain and put to work
{ - such number of such - } { + any + } prisoners as may be
required to perform necessary services in and about the facility
{ - and in the care thereof - } .
{ + (2) If the county is located within an intergovernmental
corrections entity formed under section 9 of this 1996 Act, the
county sheriff of the county in which the facility is located is
responsible for the physical custody and control of all persons
legally committed to or confined in the facility during the
period of the commitment or confinement and as provided in the
intergovernmental agreement. The county sheriff may cause the
prisoners in the local correctional facility to engage in any
work that is otherwise authorized by law. The work shall be
performed at the places and times and in the manner as the
governing body of the intergovernmental corrections entity may
direct. The sheriff may retain and put to work any prisoners as
may be required to perform necessary services in and about the
facility. + }
SECTION 6. ORS 421.294 is amended to read:
421.294. The Department of Corrections may enter into
{ - such - } { + any + } contracts on behalf of this state,
not prohibited by any law of this state, as it considers
appropriate to implement the participation of this state in the
compact pursuant to Article III thereof. However, the department
shall not enter into any contract:
(1) Relating to commitments or transfers of children who are
under 12 years of age;
(2) Providing for commitments or transfers of inmates from
another state who are 19 years of age or older to either the
MacLaren School { - for Boys - } or the Hillcrest School of
Oregon; or
(3) Providing for commitments or transfers of youths in this
state who are under { - 19 - } { + 17 + } years of age to an
institution in another state if any of the inmates in that
institution are 21 years of age or older.
SECTION 7. ORS 423.525, as amended by section 4a, chapter 423,
Oregon Laws 1995, is amended to read:
423.525. (1) A county { + , group of counties or
intergovernmental corrections entity + } shall apply to the
Director of the Department of Corrections in a manner and form
prescribed by the director for funding made available under ORS
423.500 to 423.560. The application shall include a community
corrections plan. The Department of Corrections 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 - } { +
1999 + }, a county { + , group of counties or intergovernmental
corrections entity + } may make application requesting funding
for the construction, acquisition, expansion or remodeling of
correctional facilities to serve the county { + , + } { - or
a - } group of counties { + or intergovernmental corrections
entity + }. 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' { + or intergovernmental corrections entity's + }
ability to provide for ongoing operations.
(b) { + (A) + } 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.
{ + Except as otherwise provided in subparagraph (B) of this
paragraph, + } upon approval of the request by the State
Treasurer { - , - } { + and + } 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. { + All
decisions approving or denying applications and requests for
financing under this section are final. No such decision is
subject to judicial review of any kind.
(B) If requests to finance county correctional facility
projects are submitted after the effective date of this 1996 Act
and the requests have not been approved by the department on the
date a session of the Legislative Assembly convenes, the requests
are also subject to the approval of the Legislative Assembly. + }
(c) After approval but prior to the solicitation of bids or
proposals for the construction of a project, the county { + , + }
{ - or - } group of counties { + or intergovernmental
corrections entity + } 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.
{ + (d) After approval of a construction project, the
administration of the project shall be conducted as provided in
the agreement required by paragraph (c) of this subsection. The
agreement must require at a minimum that the county, group of
counties or intergovernmental corrections entity 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. + }
(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 { + own or + } operate a correctional
facility in order to finance it under ORS 283.085 to 283.092 and
this section. { + The state, an intergovernmental corrections
entity, 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 this section. In financing county
correctional facilities under 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. + }
(4) 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 { - or - } interests in { + , or a lease
of, + } any real property, { - facility - } { +
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
{ - facility - } { + 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, { - mortgages, deeds of trust - } { + 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.
(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) The director shall adopt rules that 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.
(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) 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.
(9) 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) No amendment to or modification of a county-approved
community corrections plan shall be placed in effect without
prior notice to the director for purposes of statewide data
collection and reporting.
{ + (11) The obligation of the state to provide funding and
the scheduling for providing funding of a project approved under
this section is dependent upon the ability of the state to access
public security markets to sell financing agreements.
(12)(a) No later than January 1 of each odd-numbered year, the
Department of Corrections shall:
(A) Evaluate the community corrections policy established in
ORS 423.475, 423.478, 423.483 and 423.500 to 423.560;
(B) Assess the effectiveness of local revocation options; and
(C) Determine the actual impact and cost of managing the
offenders described in ORS 423.478 (2).
(b) The information obtained by the department under this
subsection shall be factored into the establishment of baseline
funding levels for the following biennium. + }
SECTION 8. ORS 423.525 is amended to read:
423.525. (1) A county { + , group of counties or
intergovernmental corrections entity + } 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 - } { +
1999 + }, a county { + , group of counties or intergovernmental
corrections entity + } may make application requesting funding
for the construction, acquisition, expansion or remodeling of
correctional facilities to serve the county { + , + } { - or
a - } group of counties { + or intergovernmental corrections
entity + }. 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' { + or intergovernmental corrections entity's + }
ability to provide for ongoing operations.
(b) { + (A) + } 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.
{ + Except as otherwise provided in subparagraph (B) of this
paragraph, + } upon approval of the request by the State
Treasurer { - , - } { + and + } 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. { + All
decisions approving or denying applications and requests for
financing under this section are final. No such decision is
subject to judicial review of any kind.
(B) If requests to finance county correctional facility
projects are submitted after the effective date of this 1996 Act
and the requests have not been approved by the department on the
date a session of the Legislative Assembly convenes, the requests
are also subject to the approval of the Legislative Assembly. + }
(c) After approval but prior to the solicitation of bids or
proposals for the construction of a project, the county { + , + }
{ - or - } group of counties { + or intergovernmental
corrections entity + } 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.
{ + (d) After approval of a construction project, the
administration of the project shall be conducted as provided in
the agreement required by paragraph (c) of this subsection. The
agreement must require at a minimum that the county, group of
counties or intergovernmental corrections entity 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. + }
(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 { + own or + } operate a correctional
facility in order to finance it under ORS 283.085 to 283.092 and
this section. { + The state, an intergovernmental corrections
entity, 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 this section. In financing county
correctional facilities under 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. + }
(4) 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 { - or - } interests in { + , or a lease
of + } any real property, { - facility - } { + 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 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 - } { + 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.
(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) The director shall adopt rules that 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.
(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) 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.
(9) 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) No amendment to or modification of an approved community
corrections plan shall be placed in effect without prior approval
of the director.
{ + (11) The obligation of the state to provide funding and
the scheduling for providing funding of a project approved under
this section is dependent upon the ability of the state to access
public security markets to sell financing agreements.
(12)(a) No later than January 1 of each odd-numbered year, the
Department of Corrections shall:
(A) Evaluate the community corrections policy established in
ORS 423.475, 423.478, 423.483 and 423.500 to 423.560;
(B) Assess the effectiveness of local revocation options; and
(C) Determine the actual impact and cost of managing the
offenders described in ORS 423.478 (2).
(b) The information obtained by the department under this
subsection shall be factored into the establishment of baseline
funding levels for the following biennium. + }
SECTION 9. { + (1) Pursuant to ORS 190.010, 190.020 and
190.085, counties may establish, by agreement ratified by the
governing body of each county as provided in ORS 190.085, an
intergovernmental corrections entity for the purposes of:
(a) Making application under ORS 423.525 to provide local
correctional facilities including, but not limited to, facilities
funded under ORS 423.525, including land, structures, equipment,
supplies and personnel necessary to acquire, develop, maintain
and operate the local correctional facilities; and
(b) Administering local community corrections programs and
services.
(2) An intergovernmental corrections entity consists of the
entire combined territories of the counties establishing the
entity. Notwithstanding any provision in ORS chapter 190 and
subject to the provisions of this section, an intergovernmental
corrections entity may issue general obligation bonds and assess,
levy and collect taxes in support of the purposes of the
entity. An intergovernmental corrections entity is not a district
for purposes of ORS chapter 198 and is not subject to ORS chapter
451.
(3) To carry out the purposes for which the entity was
established and when authorized at an election properly called
for that purpose, an intergovernmental corrections entity may
borrow money and sell and dispose of general obligation bonds.
Approval or denial of the proposition submitted to the electors
of the intergovernmental corrections entity shall be by a
majority of the electors voting in the election. The proposition
submitted to the electors shall make provision for the
assessment, levy and collection each year of taxes on the
assessed value of all taxable property within the entity to be
applied for the purposes of paying the principal and interest on
the general obligation bonds. Outstanding bonds may never exceed
in the aggregate two percent of the real market value of all
taxable property within the entity.
(4) The bonds shall be issued from time to time by the
governing body of the entity on behalf of the entity as
authorized by the electors of the entity. The bonds shall be
issued in accordance with the applicable provisions of ORS
chapters 287 and 288.
(5) A tax base within the meaning of section 11, Article XI of
the Oregon Constitution, may be established for an
intergovernmental corrections entity at any regular statewide
general or primary election. The electors of the entity may pass
on the entity's issuance of bonds under subsection (3) of this
section at the same or any other election. A tax base proposition
submitted to the electors shall propose the tax base specified by
the governing body of the entity. The base so proposed shall be
the initial tax base of the entity within the meaning of section
11, Article XI of the Oregon Constitution, if the proposition is
approved at the election.
(6) Local correctional facilities provided by or furnished to a
county under this section shall be considered to be jail
accommodations of the county for purposes of ORS 135.215, 137.140
and 137.330.
(7) An intergovernmental corrections entity may exercise any of
the powers granted by this section, any of the powers of an
intergovernmental entity created under ORS 190.010, 190.020 and
190.085 and any powers necessary to effectuate the purposes for
which the entity is formed. These powers include, but are not
limited to, the authority to contract or make agreements with
third parties, governmental and private, and the authority to
expend, consistent with the purposes for which the entity is
formed, any tax proceeds, general obligation bond proceeds and
other revenues received by the entity. This section and the
powers granted by it shall be construed liberally to effectuate
its purposes. + }
SECTION 10. Section 1, chapter 621, Oregon Laws 1995, is
amended to read:
{ + Sec. 1. + } (1) Notwithstanding any other provision of
law, the Department of Corrections may enter into contracts with
public and private entities to provide correctional facilities
and services in another state suitable for the confinement and
care of persons committed to the legal and physical custody of
the department.
(2) Agreements entered into under subsection (1) of this
section are exempt from the provisions of ORS chapter 279 and ORS
291.021.
(3)(a) After entering into an agreement under subsection (1) of
this section, the department, or its agent:
(A) May convey any person committed to the legal and physical
custody of the department to a correctional facility owned or
operated by the entity with which the department has the
agreement; and
(B) May deliver the person to the custodial authorities of the
facility.
(b) A person transferred by the department to a public or
private correctional facility under this section shall be
confined in the facility until:
(A) The person's sentence has expired or the person is
otherwise discharged by law; or
(B) The department directs that the person:
(i) Be returned to department custody; or
(ii) Be delivered to another correctional facility.
{ + (4) Except as otherwise specified by agreement entered
into under subsection (1) of this section, a person transferred
by the department to a public or private correctional facility
under this section is subject to the operational policies and
procedures of the facility, including but not limited to facility
policies and procedures for the conduct and disciplining of
prisoners incarcerated in the facility. + }
{ - (4) - } { + (5) + } When an agreement under subsection
(1) of this section expires, the department or its agent shall
return all department inmates confined in the facility under the
agreement to department custody or cause the inmates to be
delivered to another correctional facility.
SECTION 11. ORS 144.087 is amended to read:
144.087. (1) As used in ORS 137.124, 144.085 and 423.478, ORS
chapter 144 and this section, 'supervisory authority' means the
state or local corrections agency or official designated in each
county by that county's board of county commissioners or county
court to operate corrections supervision services, custodial
facilities or both.
(2) Except as provided in ORS 137.124, 137.593 (2)(d) and
423.478, all terms of imprisonment or incarceration of 12 months
or less must be served at the direction of the supervisory
authority.
{ + (3) Nothing in this section is intended to repeal ORS
169.320 to 169.360, or in any way affect the sheriff's authority,
duties and liabilities set forth in ORS 169.320 to 169.360. + }
SECTION 12. { + (1) Notwithstanding any other law, in lieu of
Clackamas County making application and receiving state funding
for the construction, acquisition, expansion or remodeling of
correctional facilities under ORS 423.525 and section 15 of this
Act, the Oregon Department of Administrative Services and the
Department of Corrections may convey, lease or otherwise transfer
the state's interest in the buildings, fixtures and facilities
presently operated as the Oregon Corrections Intake Center,
located in Oregon City, Oregon, to Clackamas County in whole or
in part, without requiring payment or other consideration from
the county, as deemed necessary or advisable by the Department of
Corrections to further the purposes of ORS 423.475, 423.478,
423.483, 423.500 to 423.560 and 423.565 in accordance with a
schedule that is mutually agreed to by the Department of
Corrections and Clackamas County.
(2) An agreement to convey, lease or otherwise transfer the
state's interest in the Oregon Corrections Intake Center to
Clackamas County under subsection (1) of this section is exempt
from the provisions of ORS chapter 270 and any other law and
shall provide for the:
(a) County's relinquishment and release of any claim against
the state for reimbursement arising out of the Department of
Corrections' and the county's joint operation of the facility;
and
(b) Automatic reversion of the Oregon Corrections Intake Center
to the Department of Corrections if the county discontinues the
county's use of the facility for the purposes described in ORS
423.475, 423.478, 423.483, 423.500 to 423.560 and 423.565 + }
SECTION 13. { + Notwithstanding the provisions of ORS 179.050,
279.800 to 279.833 or any other law, the Oregon Department of
Administrative Services and the Department of Corrections may
transfer, lease, exchange or otherwise dispose of personal
property to one or more counties, as deemed necessary or
advisable by the Department of Corrections to further the
purposes described in ORS 423.475, 423.478, 423.483, 423.500 to
423.560 and 423.565. Payment or other consideration from the
county or counties is not required for any disposition of
personal property under this section. Personal property to which
this section applies includes, but is not limited to, equipment,
materials and supplies, title to which has been taken either in
the name of the Oregon Department of Administrative Services or
the Department of Corrections, or in the name of the state. + }
SECTION 14. { + 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 $41 million. + }
SECTION 15. { + 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)Lane...........9,221,774
(12)Linn, Benton...5,731,656
(13)Malheur.........$872,466
(14)Marion.........6,962,318
(15)Multnomah.....42,620,000
(16)Tillamook.......$685,833
(17)Umatilla........$959,006
(18)Union, Wallowa..$371,000
(19)Washington.....6,758,376
(20)Yamhill, Po1,702,920 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 16. { + Sections 1, 2, 3, 4 and 5, chapter 802, Oregon
Laws 1993, are repealed. + }
SECTION 17. { + Nothing in the amendments to ORS 144.087 and
423.525 by sections 7 and 11 of this Act affects the operative
date provisions of section 4a or 32, chapter 423, Oregon Laws
1995. + }
SECTION 18. { + (1) Notwithstanding ORS chapters 28 and 34,
ORS 183.480 to 183.500 or any other provision of law, exclusive
jurisdiction for the determination of the constitutionality of
any provision of this Act is conferred upon the Supreme Court.
(2) Any interested person may petition the Supreme Court for a
determination of the constitutionality of any provision of this
Act. Any such petition must be filed within 30 days after the
effective date of this Act. The petitioner shall name the
Director of the Department of Corrections as respondent. The
petition must comply with the specifications for opening briefs
set forth in the Oregon Rules of Appellate Procedure. Within 20
days following the filing of the petition, the respondents may
file an answering brief, which must comply with the
specifications for answering briefs set forth in the Oregon Rules
of Appellate Procedure. The Supreme Court may hear oral arguments
and may provide by order for such hearings and filings as are
reasonably necessary for the prompt disposition of the petition.
The Supreme Court shall decide the matter with the greatest
expeditiousness. + }
SECTION 19. { + 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. + }
----------