Chapter 109 Oregon Laws 1999

Session Law

AN ACT

SB 340

Relating to the Oregon Youth Authority; amending ORS 137.124, 419A.004, 419C.495, 420.005 and 420.011.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 420.011 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] youth offenders less than 19 years of age, found by the juvenile court to [be within the court's jurisdiction for committing] have committed 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] A youth offender admitted to a youth correction facility [shall] may not 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) or (7) may be temporarily assigned to a youth correction facility as provided by ORS 137.124 [(1)(b) or] (5) or (7). 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) or (7), 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 at the time of committing the crime and under 20 years of age at the time of sentencing and commitment who, after waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712, 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 under ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712 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). 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) 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) and this subsection, if not terminated earlier by the director, shall terminate upon the person's attaining the age specified in ORS 420A.010 (5) 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 2. ORS 419C.495 is amended to read:

419C.495. (1) A youth offender placed in the legal custody of the Oregon Youth Authority [shall] may be placed in a youth correction facility or in a private institution operated as a [training school for children] facility for youth offenders requiring secure custody [in the following cases and no other:]

[(a) The youth is found to be within the jurisdiction of the juvenile court by reason of a ground set forth in ORS 419C.005; and]

[(b)] only when the juvenile court having jurisdiction so [orders] recommends.

[(2) No youth under 12 years of age shall be placed in a youth correction facility.]

(2) A youth offender who is admitted to a youth correction facility may be retained in the facility for the duration of the commitment period. In no case may a youth offender be retained in a youth correction facility after the youth offender has attained 25 years of age.

(3) No youth offender shall be transferred or returned after discharge to a facility described in subsection (1) of this section, except upon court order under this chapter.

(4) Nothing in subsection (3) of this section shall be deemed to prohibit return of a youth offender to a facility described in subsection (1) of this section, in the discretion of the youth authority, if the youth offender has been released from the facility on temporary or indefinite parole, or to prohibit transfer of a youth offender from one such facility to another.

SECTION 3. ORS 419A.004 is amended to read:

419A.004. As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise:

(1) "CASA Volunteer Program" means a program approved or sanctioned by the juvenile court to recruit, train and supervise volunteer persons to serve as court appointed special advocates.

(2) "Child" means a person within the jurisdiction of the juvenile court as provided in ORS 419B.100.

(3) "Child care center" means a residential facility for the care and supervision of children that is licensed under the provisions of ORS 418.240.

(4) "Community service" has the meaning given that term in ORS 137.126.

(5) "Conflict of interest" means a person appointed to a local citizen review board who has a personal or pecuniary interest in a case being reviewed by that board.

(6) "Counselor" means a juvenile department counselor.

(7) "Court" means the juvenile court.

(8) "Court appointed special advocate" or "CASA" means a person appointed by the court pursuant to a CASA Volunteer Program to act as special advocate for a child pursuant to ORS 419A.170.

(9) "Detention" or "detention facility" means a facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of dependent children or delinquent youth pursuant to a judicial commitment or order.

(10) "Director" means the director of a juvenile department established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063.

(11) "Guardian" means guardian of the person and not guardian of the estate.

(12) "Indian child" means any unmarried person less than 18 years of age who is:

(a) A member of an Indian tribe;

(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; or

(13) "Juvenile court" means the court having jurisdiction of juvenile matters in the several counties of this state.

(14) "Local citizen review board" means the board specified by ORS 419A.090 and 419A.092.

(15) "Office" means the State Office for Services to Children and Families.

(16) "Parent" means the biological or adoptive mother of the child and the legal or adoptive father of the child. A legal father includes:

(a) A nonimpotent, nonsterile man who was cohabiting with his wife, who is the mother of the child, at the time of conception;

(b) A man married to the mother of the child at the time of birth, where there is no decree of separation and the presumption of paternity has not been disputed;

(d) A biological father who has established or declared paternity through filiation proceedings or under ORS 416.400 to 416.470; and

(e) A biological father who has, with the mother, established paternity through a joint declaration of paternity under ORS 109.070.

(17) "Reasonable time" means a period of time that is reasonable given a child's emotional and developmental needs and ability to form and maintain lasting attachments.

(18) "Records" means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case.

(19) "Resides" or "residence," when used in reference to the residence of a child or youth, means the place where the child or youth is actually living or the jurisdiction in which wardship of the child or youth has been established.

(20) "Restitution" has the meaning given that term in ORS 137.103.

(21) "Serious physical injury" means:

(a) A serious physical injury as defined in ORS 161.015; or

(b) A physical injury that:

(A) Has a permanent or protracted significant effect on a child's daily activities;

(B) Results in substantial and recurring pain; or

(22) "Shelter care" means a home or other facility suitable for the safekeeping of a child who is taken into temporary custody pending investigation and disposition where the circumstances are such that the child does not need to be kept in secure custody.

(23) "Short-term detention facility" means a facility established under ORS 419A.050 (3) for holding youths pending further placement.

(24) "Substitute care" means an out-of-home placement directly supervised by the office or other agency, including placement in a foster family home, group home or other child caring institution or facility. "Substitute care" does not include care in:

(a) A detention facility, forestry camp or youth correction facility;

(b) A family home which the court has approved as a child's permanent placement, where a private child caring agency has been appointed guardian of the child and where the child's care is entirely privately financed; or

(25) "Surrogate" means a person appointed by the court to protect the right of the child to receive procedural safeguards with respect to the provision of free appropriate public education.

(26) "Tribal court" means a court with jurisdiction over child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code of custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings.

(27) "Youth" means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city.

(28) "Youth care center" has the meaning given that term in ORS 420.855.

[(29) "Youth offender" means a person at least 12 years of age and under 18 years of age who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005.]

(29) "Youth offender" means a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed by the person when the person was at least 12 years of age and under 18 years of age.

SECTION 4. ORS 420.005 is amended to read:

420.005. As used in ORS 420.005 to 420.045, 420.060 to 420.320, 420.810 to 420.840 and 420.905 to 420.915, unless the context requires otherwise:

(1) "Design capacity" means the number of youths a youth correction facility is able to hold based on applicable safety codes and standards.

(2) "Director" means the Director of the Oregon Youth Authority.

(3) "Youth authority" means the Oregon Youth Authority.

(4) "Youth correction facility" means facilities used for the confinement of [youths] youth offenders sentenced to the custody of the youth authority and includes [training schools, accountability camps, restitution centers, regional] the MacLaren School, the Hillcrest School of Oregon, secure regional youth facilities, regional accountability camps, residential academies and satellites, camps or branches of those facilities.

(5) "Youth offender" has the meaning given that term in ORS 419A.004.

SECTION 5. ORS 137.124 is amended to read:

137.124. (1) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months:

(a) The court shall not designate the correctional facility in which the defendant is to be confined but shall commit the defendant to the legal and physical custody of the Department of Corrections; and

(b) If the judgment provides that the term of incarceration be served consecutively to a term of incarceration of 12 months or less that was imposed in a previous proceeding by a court of this state upon conviction of a felony, the defendant shall serve any remaining part of the previously imposed term of incarceration in the legal and physical custody of the Department of Corrections.

(2)(a) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that is 12 months or less, the court shall commit the defendant to the legal and physical custody of the supervisory authority of the county in which the crime of conviction occurred.

(b) Notwithstanding paragraph (a) of this subsection, when the court imposes a sentence upon conviction of a felony that includes a term of incarceration that is 12 months or less, the court shall commit the defendant to the legal and physical custody of the Department of Corrections if the court orders that the term of incarceration be served consecutively to a term of incarceration that exceeds 12 months that was imposed in a previous proceeding or in the same proceeding by a court of this state upon conviction of a felony.

(3) After assuming custody of the convicted person the Department of Corrections may transfer inmates from one correctional facility to another such facility for the purposes of diagnosis and study, rehabilitation and treatment, as best seems to fit the needs of the inmate and for the protection and welfare of the community and the inmate.

(4) If the court imposes a sentence of imprisonment upon conviction of a misdemeanor, it shall commit the defendant to the custody of the supervisory authority of the county in which the crime of conviction occurred.

(5)(a) When a person under 18 years of age [is sentenced and] at the time of committing the offense and under 20 years of age at the time of sentencing is committed to the Department of Corrections under ORS 137.707, the Department of Corrections shall transfer the physical custody of the person to the Oregon Youth Authority as provided in ORS 420.011 if:

(A) The person will complete the sentence imposed before the person attains 25 years of age; or

(B) The Department of Corrections and the Oregon Youth Authority determine that, because of the person's age, immaturity, mental or emotional condition or risk of physical harm to the person, the person should not be incarcerated initially in a Department of Corrections institution.

(b) A person placed in the custody of the Oregon Youth Authority under this subsection shall be returned to the physical custody of the Department of Corrections whenever the Director of the Oregon Youth Authority, after consultation with the Department of Corrections, determines that the conditions or circumstances that warranted the transfer of custody under this subsection are no longer present.

(6)(a) When a person under 18 years of age at the time of committing the offense and under 20 years of age at the time of sentencing is committed to the legal and physical custody of the Department of Corrections or the supervisory authority of a county following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712, the Department of Corrections or the supervisory authority of a county shall transfer the person to the physical custody of the Oregon Youth Authority for placement as provided in ORS 420.011 (3). The terms and conditions of the person's incarceration and custody are governed by ORS 420A.200 to 420A.206.

(b) When a person under 16 years of age is waived under ORS 419C.349, 419C.352, 419C.364 or 419C.370 and subsequently is sentenced to a term of imprisonment in the county jail, the sheriff shall transfer the person to a youth correction facility for physical custody as provided in ORS 420.011 (3).

(7) If the Director of the Oregon Youth Authority concurs in the decision, the Department of Corrections or the supervisory authority of a county shall transfer the physical custody of a person committed to the Department of Corrections or the supervisory authority of the county under subsection (1) or (2) of this section to the Oregon Youth Authority as provided in ORS 420.011 (2) if:

(a) The person was at least 18 years of age but under 20 years of age at the time of committing the felony for which the person is being sentenced to a term of incarceration;

(b) The person is under 20 years of age at the time of commitment to the Department of Corrections or the supervisory authority of the county;

[(b)] (c) The person has not been committed previously to the legal and physical custody of the Department of Corrections or the supervisory authority of a county;

[(c)] (d) The person has not been convicted and sentenced to a term of incarceration for the commission of a felony in any other state;

[(d)] (e) The person will complete the term of incarceration imposed before the person attains 25 years of age;

[(e)] (f) The person is likely in the foreseeable future to benefit from the rehabilitative and treatment programs administered by the Oregon Youth Authority;

[(f)] (g) The person does not pose a substantial danger to Oregon Youth Authority staff or persons in the custody of the Oregon Youth Authority; and

[(g)] (h) At the time of the proposed transfer, no more than 50 persons are in the physical custody of the Oregon Youth Authority under this subsection.

(8) Notwithstanding the provisions of subsections (5)(a)(A) or (7) of this section, the department or the supervisory authority of a county may not transfer the physical custody of the person under subsection (5)(a)(A) or (7) of this section if the Director of the Oregon Youth Authority, after consultation with the Department of Corrections or the supervisory authority of a county, determines that, because of the person's age, [immaturity,] mental or emotional condition or risk of physical harm to other persons, the person should not be incarcerated in a youth correction facility.

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

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