Chapter 867 Oregon Laws 1999

Session Law

AN ACT

SB 345

Relating to public safety; creating new provisions; and amending ORS 137.305, 181.610, 181.640, 181.650, 181.660, 181.661, 181.662, 181.664 and 181.670.

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

SECTION 1. ORS 181.610 is amended to read:

181.610. In ORS 181.610 to 181.712, unless the context requires otherwise:

(1) "Abuse" has the meaning given the term in ORS 107.705.

(2) "Board" means the Board on Public Safety Standards and Training appointed pursuant to ORS 181.620.

(3) "Certified reserve officer" means a reserve officer who has been designated by a local law enforcement unit, has received training necessary for certification and has met the minimum standards and training requirements established under ORS 181.640.

(4) "Commissioned" means an authorization granting the power to perform various acts or duties of a police officer or certified reserve officer and acting under the supervision and responsibility of a county sheriff or as otherwise provided by law.

(5) "Corrections officer" means an officer or member of a law enforcement unit who is employed full time thereby and is charged with and primarily performs the duty of custody, control or supervision of individuals convicted of or arrested for a criminal offense and confined in a place of incarceration or detention other than a place used exclusively for incarceration or detention of juveniles.

(6) "Department" means the Department of Public Safety Standards and Training.

(7) "Director" means the Director of the Department of Public Safety Standards and Training.

(8) "Domestic violence" means abuse between family or household members.

(9) "Emergency medical dispatcher" means a person who has responsibility to process requests for medical assistance from the public or to dispatch medical care providers.

(10) "Family or household members" has the meaning given that term in ORS 107.705.

(11) "Fire protection equipment" means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities. "Fire protection equipment" does not include forest fire protection equipment.

(12) "Fire service professional" means an officer or member of a public or private fire protection agency who is engaged primarily in fire investigation, fire prevention, fire safety, fire control or fire suppression or providing emergency medical services, light and heavy rescue services, search and rescue services or hazardous materials incident response. "Fire service professional" does not include forest fire protection agency personnel.

(13)(a) "Law enforcement unit" means a police force or organization of the state, a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, Indian reservation, Criminal Justice Division of the Department of Justice, the Department of Corrections, the Oregon State Lottery Commission or common carrier railroad whose primary duty, as prescribed by law, ordinance or directive, is any one or more of the following:

(A) Detecting crime and enforcing the criminal laws of this state or laws or ordinances relating to airport security;

(B) The custody, control or supervision of individuals convicted of or arrested for a criminal offense and confined to a place of incarceration or detention other than a place used exclusively for incarceration or detention of juveniles; or

(C) The control, supervision and reformation of adult offenders placed on parole or sentenced to probation and investigation of adult offenders on parole or probation or being considered for parole or probation.

(b) "Law enforcement unit" also means:

(A) A police force or organization of a private entity with a population of more than 1,000 residents in an unincorporated area whose employees are commissioned by a county sheriff; and

(B) A district attorney's office.

(14) "Parole and probation officer" means any officer employed full time by the Department of Corrections, a county or a court who is charged with and actually performs the duty of community protection by controlling, supervising and providing reformative services for adult parolees and probationers, or who performs the duty of investigation of adult offenders on parole or probation or being considered for parole or probation.

(15) "Police officer" means an officer, member or employee of a law enforcement unit who is employed full time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, Indian reservation, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or who is a member of the Department of State Police and who is responsible for enforcing the criminal laws of this state or laws or ordinances relating to airport security or is an investigator of a district attorney's office if the investigator is or has been certified as a peace officer in this or any other state.

(16) "Public or private safety agency" means any unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide, fire fighting, police, ambulance or emergency medical services.

(17) "Public safety personnel" and "public safety officer" [includes] include corrections officers, youth correction officers, emergency medical dispatchers, parole and probation officers, police officers, certified reserve officers, telecommunicators and fire service professionals.

(18) "Reserve officer" means an officer or member of a law enforcement unit:

(a) Who is a volunteer or who is employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, Indian reservation, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or who is a member of the Department of State Police;

(b) Who is armed with a firearm; and

(c) Who is responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security.

(19) "Telecommunicator" means any person employed as an emergency telephone worker as defined in ORS 243.736 or a public safety dispatcher whose primary duties are receiving, processing and transmitting public safety information received through a 9-1-1 emergency reporting system as defined in ORS 401.710.

(20) "Youth correction officer" means an employee of the Oregon Youth Authority who is charged with and primarily performs the duty of custody, control or supervision of youth offenders confined in a youth correction facility.

SECTION 2. ORS 181.640 is amended to read:

181.640. (1) In accordance with any applicable provision of ORS 183.310 to 183.550, to promote enforcement of law and fire services by improving the competence of public safety personnel and their support staffs, and in consultation with the agencies for which the Board on Public Safety Standards and Training and Department of Public Safety Standards and Training provide standards, certification, accreditation and training:

(a) The department shall recommend and the board shall establish by rule reasonable minimum standards of physical, emotional, intellectual and moral fitness for [police officers, certified reserve officers, corrections officers, youth correction officers, parole and probation officers and fire service professionals] public safety personnel and instructors.

(b) The department shall recommend and the board shall establish by rule reasonable minimum training for all levels of professional development, basic through executive, including but not limited to courses or subjects for instruction and qualifications for public safety personnel [and certified reserve officers] and instructors. Training requirements shall be consistent with the funding available in the department's legislatively approved budget.

(c) The department, in consultation with the board, shall establish by rule a procedure or procedures to be used by law enforcement units, public or private safety agencies or the Oregon Youth Authority to determine whether [a police officer, a certified reserve officer, a fire service professional, a corrections officer, a youth correction officer, a parole and probation officer, a telecommunicator or an emergency medical dispatcher meets] public safety personnel meet minimum standards or [has] have minimum training.

(d) Subject to such terms and conditions as the department may impose, the department shall certify [police officers, reserve officers, fire service professionals, corrections officers, parole and probation officers, telecommunicators and emergency medical dispatchers] instructors and public safety personnel, except youth correction officers, as being qualified under the rules established by the board.

(e) The department shall revoke certification in the manner provided in ORS 181.661, 181.662 and 181.664 (1).

(f) The department shall cause inspection of standards and training for [police officers, certified reserve officers, corrections officers, parole and probation officers, fire service professionals, telecommunicators and emergency medical dispatchers] instructors and public safety personnel, except youth correction officers, to be made.

(g) The department may recommend and the board may establish by rule accreditation standards, levels and categories for mandated and nonmandated public safety personnel training or educational programs. The department and board, in consultation, may establish to what extent training or educational programs provided by an accredited university, college, community college or public safety agency may serve as equivalent to mandated training or as a prerequisite to mandated training. Programs offered by accredited universities, colleges or community colleges may be considered equivalent to mandated training only in academic areas.

(2) The department may:

(a) Contract or otherwise cooperate with any person or agency of government for the procurement of services or property;

(b) Accept gifts or grants of services or property; [or]

(c) Establish fees for determining whether a training or educational program meets the accreditation standards established under subsection (1)(g) of this section;

[(c)] (d) Maintain and furnish to law enforcement units and public and private safety agencies information on applicants for appointment as [police officers, certified reserve officers, fire service professionals, corrections officers, parole and probation officers, telecommunicators or emergency medical dispatchers] instructors or public safety personnel, except youth correction officers, in any part of the state[.]; and

(e) Establish fees to allow recovery of the full costs incurred in providing services to private entities or in providing services as experts or expert witnesses.

(3) The department, in consultation with the board, may:

(a) Upon the request of a law enforcement unit or public safety agency, conduct surveys or aid cities and counties to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

(b) Upon the request of law enforcement units or public safety agencies, conduct studies and make recommendations concerning means by which requesting units can coordinate or combine their resources.

(c) Stimulate research by public and private agencies to improve police, fire service, corrections and adult parole and probation administration and law enforcement.

(d) Provide grants from funds appropriated or available therefor, to law enforcement units, public safety agencies, special districts, cities and counties to carry out the provisions of this subsection.

(e) Provide optional training programs for persons who operate lockups. The term "lockup" has the meaning given it in ORS 169.005.

(f) Provide optional training programs for public safety personnel and their support staffs.

(g) Enter into agreements with federal, state or other governmental agencies to provide training or other services in exchange for receiving training, fees or services of generally equivalent value.

(h) Upon the request of a law enforcement unit or public safety agency employing [police officers, certified reserve officers, fire service professionals, corrections officers or parole or probation officers] public safety personnel, except youth correction officers, grant an officer, [or] fire service professional, telecommunicator or emergency medical dispatcher a multidiscipline certification consistent with the minimum requirements adopted or approved by the board. Multidiscipline certification authorizes an officer, [or] fire service professional, telecommunicator or emergency medical dispatcher to work in any of the disciplines for which the officer, [or] fire service professional, telecommunicator or emergency medical dispatcher is certified. The provisions of ORS 181.652, 181.653 and 181.667 relating to lapse of certification do not apply to an officer or fire service professional certified under this paragraph as long as the officer or fire service professional maintains full-time employment in one of the certified disciplines and meets the training standards established by the board.

(4) Pursuant to ORS 183.310 to 183.550, the board, in consultation with the department, shall adopt rules necessary to carry out the board's duties and powers.

(5) Pursuant to ORS 183.310 to 183.550, the department, in consultation with the board, shall adopt rules necessary to carry out the department's duties and powers.

(6) For efficiency, board and department rules may be adopted jointly as a single set of combined rules with the approval of the board and the department.

(7) The department shall obtain approval of the board before submitting its legislative concepts, Emergency Board request or budget requests to the Oregon Department of Administrative Services.

SECTION 3. ORS 181.650 is amended to read:

181.650. (1) Upon application and payment of the appropriate fees, the Department of Public Safety Standards and Training or its authorized representative shall examine and evaluate any instructor or any [police, certified reserve officer, corrections, adult parole and probation, fire service professional, telecommunicator or emergency medical dispatcher] public safety personnel training or educational program.

(2) If the [examiner] department finds that an instructor is qualified under the minimum requirements established pursuant to ORS 181.640 (1)(a) and (b), the [examiner] department in writing [shall] may certify the instructor as being qualified for such a term and upon such conditions as the [Board on Public Safety Standards and Training] department may prescribe.

(3) If the [examiner] department finds that a [police, certified reserve officer, corrections, adult parole and probation, fire service professional, telecommunicator or emergency medical dispatcher] public safety personnel training or educational program or any course, subject, facility[, instructor] or instruction thereof is qualified to satisfy any minimum training requirement established pursuant to ORS 181.640 (1)(a) and (b) or any accreditation standard established pursuant to ORS 181.640 (1)(g), the [examiner shall certify] department may accredit the extent of that qualification to the executive authority of that [police, certified reserve officer, corrections, adult parole and probation, fire service professional, telecommunicator or emergency medical dispatcher] public safety personnel training or educational program for such a term and upon such conditions as the department may prescribe.

(4) An individual complies with any minimum requirement of ORS 181.640 (1)(b) when the individual receives training that is [certified] accredited under [this] ORS 181.640 (1)(g) or subsection (3) of this section as qualified to satisfy that requirement and the individual successfully meets any academic or proficiency standard or condition relating to that minimum requirement.

SECTION 4. ORS 181.660 is amended to read:

181.660. (1) The minimum standards and minimum training requirements established pursuant to ORS 181.640 (1) do not apply to:

(a) The Superintendent of State Police.

(b) Any individual who is a constable of the justice court.

(d) Any municipal parole officer.

(e) Any dog control officer commissioned by a city or county.

(f) Any individual appointed by the Superintendent of State Police under ORS 181.265.

(g) An individual performing the duties of a reserve officer who has not been required by the law enforcement unit utilizing the individual to receive training for certification as a certified reserve officer.

(2) The Department of Public Safety Standards and Training may, upon application of an individual [police officer, reserve officer, fire service professional, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] public safety officer, except a youth correction officer, at its discretion, certify [an officer, telecommunicator or emergency medical dispatcher] the public safety officer as provided in ORS 181.640 (1)(d) upon a finding that the public safety officer's[, fire service professional's, telecommunicator's or emergency medical dispatcher's] professional experience, education or training [is equal in professional value to the training] meets the standards required for certification.

SECTION 5. ORS 181.661 is amended to read:

181.661. When the Department of Public Safety Standards and Training denies application or certification or the department or Board on Public Safety Standards and Training believes there is a reasonable basis for revoking the certification of [a police officer, certified reserve officer, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] an instructor or a public safety officer, except a youth correction officer or fire service professional, notice and opportunity for a hearing shall be provided in accordance with rules approved by the board and in accordance with ORS 183.415 prior to such revocation.

SECTION 6. ORS 181.662 is amended to read:

181.662. (1) The Department of Public Safety Standards and Training may deny or revoke the certification of any [police officer, certified reserve officer, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] instructor or public safety officer, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The public safety officer[, certified reserve officer, telecommunicator or emergency medical dispatcher] or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department.

(b) The public safety officer[, certified reserve officer, telecommunicator or emergency medical dispatcher] or instructor has been convicted of a crime in this state or any other jurisdiction.

(c) The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181.640 (1)(a) to (d).

(2) The department may deny or revoke the [accreditation] certification of any fire service professional after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The fire service professional falsified any information submitted on the application for [accreditation] certification or on any documents submitted to the board or the department; or

(b) The fire service professional has been discharged for cause from employment in the fire service.

(3) The department shall deny or revoke the certification of any [police officer, certified reserve officer, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] public safety officer, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The public safety officer[, certified reserve officer, telecommunicator or emergency medical dispatcher] or instructor has been discharged for cause from employment as [a police officer, certified reserve officer, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] a public safety officer.

(b) The public safety officer[, certified reserve officer, telecommunicator or emergency medical dispatcher] or instructor has been convicted while employed by a law enforcement unit or public or private safety agency in this state or any other jurisdiction of a crime designated under the law where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed.

(c) The public safety officer[, certified reserve officer, telecommunicator or emergency medical dispatcher] or instructor has been convicted of violating any law of this state or any other jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance, narcotic or dangerous drug.

(d) The public safety officer[, certified reserve officer, telecommunicator or emergency medical dispatcher] or instructor has been convicted in this state of violating ORS 162.065, 162.075, 162.085, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.445, 163.465, 163.515, 163.525, 163.575, 163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition), 163.684, 163.686, 167.007, 167.012, 167.017, 167.065, 167.070, 167.075 or 167.080 or has been convicted of violating the statutory counterpart of any of those offenses in any other jurisdiction.

(4) The department shall deny or revoke the accreditation of a training or educational program or any course, subject, facility or instruction thereof if the program, course, subject, facility or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3).

SECTION 7. ORS 181.664 is amended to read:

181.664. (1) [A police officer, certified reserve officer, fire service professional, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] An instructor or a public safety officer, except a youth correction officer, aggrieved by the findings and order of the Board on Public Safety Standards and Training may, as provided in ORS 183.480, file an appeal with the Court of Appeals from the final order of the board.

(2) Any [police officer, certified reserve officer, fire service professional, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] public safety officer or instructor who has had certification [or accreditation] revoked pursuant to ORS 181.661, 181.662 and subsection (1) of this section may reapply for certification [or accreditation] but not sooner than four years after the date on which the order of the board revoking certification [or accreditation] became final.

SECTION 8. ORS 181.670 is amended to read:

181.670. Compliance with minimum standards or minimum training recommended pursuant to ORS 181.640 for [a police officer, certified reserve officer, fire service professional, corrections officer, parole and probation officer, telecommunicator or emergency medical dispatcher] public safety personnel, except youth correction officers, does not [except] exempt any individual from any minimum requirement for selection or promotion as a police officer or certified reserve officer under ORS 181.260 or under any civil service law, charter or ordinance for a county or city.

SECTION 9. ORS 137.305 is amended to read:

137.305. Moneys reserved under ORS 137.303 (1)(e) shall be distributed monthly as follows:

(1) If the monthly distribution to the Police Standards and Training Account pursuant to ORS 137.303 (1)(a), ORS 137.015 (1985 Replacement Part) and ORS 813.240 (1)(b) (1985 Replacement Part), is not at least [$390,630] $536,000, then the Department of Revenue shall distribute from the reserved moneys such amount as will make up the shortage for the month.

(2) If the monthly distribution to the Criminal Injuries Compensation Account pursuant to ORS 137.303 (1)(b) after deduction of the amount described in ORS 147.391 is not at least $179,000, then the Department of Revenue shall distribute from the reserved moneys such amount as will make up the shortage for the month.

(3) If the amount reserved under ORS 137.303 (1)(e) is not adequate to make up the shortages described in subsections (1) and (2) of this section, the Department of Revenue shall distribute the reserved moneys to make up for as much of the shortages as possible. The department shall distribute those moneys between the recipients named in subsections (1) and (2) of this section so that, as nearly as possible, each such recipient suffers, for that month, the same shortage on a percentage basis.

(4) If any moneys reserved under ORS 137.303 (1)(e) remain undistributed after the procedure described in subsections (1) to (3) of this section, those moneys shall cease to be reserved and shall remain in the Criminal Fine and Assessment Account for distribution in the following month.

SECTION 10. The Judicial Department and the Dispute Resolution Commission shall conduct a review of the obstacles to and opportunities for mediation of juvenile delinquency matters including, but not limited to, an evaluation of victim and offender mediation programs. The department and the commission shall submit a report to the Seventy-first Legislative Assembly with their recommendations.

SECTION 11. Section 12 of this 1999 Act is added to and made a part of ORS 133.743 to 133.857.

SECTION 12. Subject to final determination by the Governor, the Superintendent of State Police shall determine the security requirements necessary to safely carry out the extradition of a person from another state including, but not limited to, the number of agents needed to secure the return of a person under ORS 133.743 to 133.857.

Approved by the Governor July 26, 1999

Filed in the office of Secretary of State July 26, 1999

Effective date October 23, 1999

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