68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 1
Sponsored by Senators SMITH, BRYANT
CHAPTER ................
AN ACT
Relating to juvenile justice; creating new provisions; amending
ORS 137.124, 161.290, 161.620, 179.750, 181.517, 181.518,
181.519, 181.610, 181.640, 334.195, 416.400, 416.417, 419A.004,
419A.200, 419A.250, 419A.255, 419A.260, 419B.328, 419C.005,
419C.013, 419C.050, 419C.053, 419C.109, 419C.136, 419C.139,
419C.145, 419C.170, 419C.230, 419C.233, 419C.236, 419C.239,
419C.242, 419C.245, 419C.250, 419C.261, 419C.352, 419C.374,
419C.411, 419C.443, 419C.450, 419C.470, 419C.478, 419C.492,
419C.501, 419C.504, 419C.575, 420.005, 420.011, 420.014,
420.017, 420.019, 420.021, 420.031, 420.040, 420.045, 420.060,
420.065, 420.070, 420.074, 420.077, 420.120, 420.210, 420.215,
420.220, 420.225, 420.230, 420.235, 420.320, 420.405, 420.500,
420.505, 420.525, 420.855, 420.860, 420.865, 420.870, 420.875,
420.880, 420.885, 420.910 and 420.915 and section 5, chapter
389, Oregon Laws 1991, section 2, chapter 766, Oregon Laws
1993, section 1, chapter 2, Oregon Laws 1995, and section 1,
chapter ___, Oregon Laws 1995 (Enrolled House Bill 3177);
repealing ORS 419A.290 and 420.055 and section 8, chapter 389,
Oregon Laws 1991, section 3, chapter ___ , Oregon Laws 1995
(Enrolled House Bill 2682), and sections 6 and 10, chapter ___,
Oregon Laws 1995 (Enrolled House Bill 3345); appropriating
money; limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. { + Section 1a of this
Act is added to and made a part of ORS chapter 419C. + }
**************************** SECTION 1a. { + (1) The
Legislative Assembly declares that in delinquency cases, the
purposes of the Oregon juvenile justice system from apprehension
forward are to protect the public and reduce juvenile delinquency
and to provide fair and impartial procedures for the initiation,
adjudication and disposition of allegations of delinquent
conduct. The system is founded on the principles of personal
responsibility, accountability and reformation within the context
of public safety and restitution to the victims and to the
community. The system shall provide a continuum of services that
emphasize prevention of further criminal activity by the use of
early and certain sanctions, reformation and rehabilitation
programs and swift and decisive intervention in delinquent
behavior. The system shall be open and accountable to the people
of Oregon and their elected representatives.
(2) Programs, policies and services shall be regularly and
independently audited as to their effectiveness in providing
public safety and preventing a child's return to criminal
behavior. The Secretary of State shall select and oversee the
auditors. + }
{ +
I. OREGON YOUTH AUTHORITY + }
**************************** SECTION 1b. { + As used in
sections 1b to 46 of this Act, unless the context requires
otherwise:
(1) 'Cognitive restructuring' means any rehabilitation process
that redirects the thinking of an offender into more socially
acceptable directions and that is generally accepted by
rehabilitation professionals.
(2) 'Director' means the Director of the Oregon Youth
Authority.
(3) 'Reformation plan' means a written plan prepared by the
Oregon Youth Authority that is tailored to the youth offender's
unique requirements as identified by the initial assessment. '
Reformation plan' includes, but is not limited to, a plan for
medical, educational, vocational, social and psychological
services and training as well as other rehabilitative services
designed to provide the youth offender with clear expectations
about what programs must be successfully completed by the youth
offender.
(4) 'Youth authority' means the Oregon Youth Authority.
(5) 'Youth correction facility' has the meaning given that term
in ORS 420.005.
(6) 'Youth offender' has the meaning given that term in ORS
419A.004. + }
**************************** SECTION 2. { + (1) The Oregon
Youth Authority is established. The youth authority shall:
(a) Supervise the management and administration of youth
correction facilities, state parole and probation services,
community out-of-home placement for youth offenders and other
functions related to state programs for youth corrections;
(b) Provide capital improvements and capital construction
necessary for the implementation of all youth correction
facilities;
(c) Carry out dispositions of youth offenders committed to its
legal custody;
(d) Exercise custody and supervision over those youth offenders
committed to the youth authority by order of the juvenile court
and persons placed in the physical custody of the youth authority
under ORS 137.124 or other statute until the time that a lawful
release authority authorizes release or terminates the commitment
or placement;
(e) Provide adequate food, clothing, health and medical care,
sanitation and security for confined youth offenders and others
in youth authority custody;
(f) Provide youth offenders and others in youth authority
custody with opportunities for self-improvement and work; and
(g) Conduct investigations and prepare reports for release
authorities.
(2) To meet the individual circumstances of each person
committed to its custody, the youth authority shall:
(a) Develop a flexible fee-for-service provider system that can
respond quickly to each person's identified and changing
circumstances; and
(b) Develop a process for joint state and county review of
contracts entered into under paragraph (a) of this subsection
based on:
(A) Measurable outcomes including:
(i) Academic progress;
Enrolled Senate Bill 1 Page 2
(ii) Social adjustments;
(iii) Behavioral improvements;
(iv) Rearrests; and
(v) Other measurements as determined by the youth authority;
(B) Performance measurements including:
(i) Fiscal accountability;
(ii) Compliance with state and federal regulations;
(iii) Record keeping; and
(iv) Reporting; and
(C) Provision of services identified under the reformation
plan.
(3) The youth authority may administer a program of state
assistance to counties for the construction and operation of
local youth detention facilities or to purchase detention
services.
(4) The youth authority shall accept and exercise legal or
physical custody of youth offenders and others 12 years of age
and over and under 25 years of age who are committed to, or
placed with, the youth authority pursuant to:
(a) A juvenile court adjudication and disposition under ORS
chapter 419C; or
(b) ORS 137.124.
(5)(a) The youth authority shall cooperate with and assist
county governments and juvenile departments in carrying out the
principles and purposes of the juvenile justice system as
provided in section 1a of this Act.
(b) The youth authority is authorized to contract with
counties, groups of counties or private providers to administer
juvenile corrections programs and services as provided in
sections 23 and 25 of this Act and ORS 420.017 and 420.019.
(c) The youth authority may provide consultation services
related to the juvenile justice system to local or statewide
public or private agencies, groups and individuals or may
initiate such consultation services. Consultation services
include, but are not limited to, conducting studies and surveys,
sponsoring or participating in educational programs and providing
advice and assistance. Nothing in sections 1 to 46 of this Act is
intended to diminish the state's efforts to plan, evaluate and
deliver effective human services programs to youth offenders,
either in a youth correction facility or on probation or parole.
Therefore, the Oregon Youth Authority and the Department of Human
Resources shall jointly develop and implement needed social and
rehabilitative services.
(6) The youth authority shall be the recipient of all federal
funds paid or to be paid to the state to enable the state to
provide youth correction programs and services assigned to the
Department of Human Resources prior to January 1, 1996.
(7) The youth authority shall report its progress in
implementing the provisions of this Act to the Legislative
Assembly at each regular session.
(8) The equal access provisions of ORS 417.270 apply to the
youth authority's development and administration of youth
correction facilities, programs and services, including the
development and implementation of the statewide diversion plan
described in ORS 420.017.
(9) The youth authority shall:
(a) Be cognizant of and sensitive to the issue of
overrepresentation of minority youth in youth correction
facilities;
Enrolled Senate Bill 1 Page 3
(b) Endeavor to develop and operate, and require its
subcontractors to develop and operate, culturally appropriate
programs for youth offenders; and
(c) Keep data reflecting the ethnicity and gender of all youth
offenders committed to its care.
(10) The youth authority is a designated agency as defined in
ORS 181.010. + }
**************************** SECTION 3. { + The enumeration of
duties, functions and powers in section 2 of this Act is not
intended to be exclusive nor limit the duties, functions and
powers imposed on or vested in the Oregon Youth Authority by
other statutes. + }
{ + **************************** NOTE: + } Section 4 was
deleted by amendment. Subsequent sections were not renumbered.
**************************** SECTION 5. { + (1) The Oregon
Youth Authority is under the supervision and control of a
director, who is responsible for the performance of the duties,
functions and powers of the youth authority.
(2) The Governor shall appoint the director, who holds office
at the pleasure of the Governor.
(3) The director shall receive a salary as provided by law or,
if not so provided, as prescribed by the Governor, and shall be
reimbursed for all expenses actually and necessarily incurred by
the director in the performance of official duties.
(4) For purposes of administration, subject to the approval of
the Governor, the Director of the Oregon Youth Authority may
organize and reorganize the youth authority as the director
considers necessary to conduct properly the work of the youth
authority.
(5) The director may divide the functions of the youth
authority into administrative divisions. Each division is under
the supervision of a person appointed by the director, subject to
the approval of the Governor, to serve at the pleasure of the
director and not to be subject to the State Personnel Relations
Law. Each person must be well qualified by technical training and
experience in the functions to be performed by the person. + }
**************************** SECTION 6. { + The appointment of
the Director of the Oregon Youth Authority is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565. + }
**************************** SECTION 7. { + (1) The Director
of the Oregon Youth Authority may appoint, subject to the
approval of the Governor, a deputy director to serve at the
pleasure of the director, with authority to act for the director
in the absence of the director but subject to the control of the
director at all times. The designation of the deputy director
must be by written order, filed with the Secretary of State.
(2) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate
officers and employees of the youth authority, prescribe their
duties and fix their compensation. + }
**************************** SECTION 8. { + In accordance with
applicable provisions of ORS 183.310 to 183.550, the Director of
the Oregon Youth Authority may adopt rules necessary for the
administration of the laws that the Oregon Youth Authority is
charged with administering. + }
**************************** SECTION 9. { + (1) The Director
of the Oregon Youth Authority may authorize an individual youth
correction officer or group of youth correction officers to
exercise the powers and authority of a peace officer in the
Enrolled Senate Bill 1 Page 4
supervision and custody of youth offenders and persons in the
physical custody of the youth authority under ORS 137.124 or
other applicable law.
(2) The authority of a youth correction officer acting as a
peace officer under subsection (1) of this section includes but
is not limited to:
(a) Preventing an escape from the grounds of a youth correction
facility by a person in the custody of the youth authority; and
(b) Going beyond the grounds of a youth correction facility to:
(A) Pursue a person in the custody of the youth authority who
is in the act of escaping from a youth correction facility;
(B) Search for a person in the custody of the youth authority
who is in the act of escaping from a youth correction facility;
and
(C) Recapture a person in the custody of the youth authority
who is in the act of escaping from a youth correction facility.
(3) A youth correction officer acting as a peace officer under
subsection (1) of this section retains the authority until the
law enforcement agency that has general jurisdiction over the
area in which the escape or attempted escape took place assumes
responsibility for recapturing the person.
(4) The Oregon Youth Authority shall inform the appropriate law
enforcement agency of the escape or attempted escape of a person
in youth authority custody as soon as is reasonably
practicable. + }
**************************** SECTION 10. { + (1) The Oregon
Youth Authority Account is established in the General Fund of the
State Treasury. Except for moneys otherwise designated by
statute, all fees, assessments and other moneys received by the
Oregon Youth Authority shall be paid into the State Treasury and
credited to the account. All moneys in the account are
appropriated continuously and shall be used by the youth
authority for purposes authorized by law.
(2) The youth authority shall keep a record of all moneys
deposited in the account. The record shall indicate by separate
cumulative accounts the sources from which the moneys are derived
and the individual activity or program against which each
withdrawal is charged. + }
**************************** SECTION 11. { + The Oregon Youth
Authority is authorized to accept gifts, grants and donations
from any source to carry out the duties imposed upon the youth
authority. + }
**************************** SECTION 12. { + (1) Upon written
request of the Oregon Youth Authority, the Oregon Department of
Administrative Services shall establish a revolving fund by
drawing warrants on amounts appropriated to the Oregon Youth
Authority for operating expenses. The revolving fund shall be
deposited with the State Treasurer, to be held in a special
account against which the Oregon Youth Authority may draw checks.
(2) The revolving fund established under subsection (1) of this
section may be used by the Oregon Youth Authority to pay expenses
of youth authority operations when it is appropriate to make
immediate payments for goods and services, including advance
payments of travel expenses or emergency payroll draws.
(3) The revolving fund shall be reimbursed by funds drawn as
authorized by law and charged against the appropriate fund or
account. + }
**************************** SECTION 12a. { + The Oregon Youth
Authority may deposit money belonging to youth offenders in a
trust account in the State Treasury separate and distinct from
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the General Fund. Interest earned by the account, if any, shall
accrue to the benefit of the account. + }
**************************** SECTION 13. { + (1) The Oregon
Youth Authority may establish and operate youth correction
facilities. If the youth authority establishes youth correction
facilities, the youth authority shall site the facilities in
accordance with applicable state and local laws.
(2) Youth correction facilities must be used for the
confinement of youth offenders and others placed in the custody
of the youth authority and for the development of those persons
into productive members of society. + }
**************************** SECTION 14. { + (1) The Director
of the Oregon Youth Authority may authorize the transfer of a
youth offender from one level of custody to another.
(2) Before a transfer under subsection (1) of this section may
take place, the Director of the Oregon Youth Authority shall
review the record of the youth offender and enter an order
granting or denying the transfer.
(3) The youth offender subject to a transfer order, or an order
denying transfer, may request a hearing. The request must be in
writing and submitted no later than 10 days after receipt of the
order.
(4) In a hearing that would result in the transfer of a youth
offender to a less restrictive setting, the youth offender has
the burden of demonstrating that the transfer is warranted and
consistent with section 1a of this Act. + }
**************************** SECTION 15. { + The Director of
the Oregon Youth Authority may adopt rules necessary to carry out
the provisions of sections 14 to 26 of this Act. The rules must
include but need not be limited to:
(1) Procedures by which youth offenders may apply for transfers
from one level of custody to another; and
(2) Rules applicable to parole of youth offenders. + }
**************************** SECTION 16. { + (1) The Director
of the Oregon Youth Authority may authorize any youth offender to
go on parole, subject to conditions of supervision and custody
established by the Director of the Oregon Youth Authority and
subject to being taken into custody and detained under written
order of the Director of the Oregon Youth Authority or as
provided in section 17 of this Act.
(2) The Director of the Oregon Youth Authority shall determine
whether violations of conditions of parole have occurred. + }
**************************** SECTION 17. { + (1) The Oregon
Youth Authority, upon being informed and having reasonable
grounds to believe that a youth offender under the youth
authority's supervision or control has violated the conditions of
parole or other conditional release from custody, may suspend the
youth offender's parole or conditional release and order that the
youth offender be taken into custody and detained. The written
order of the youth authority is sufficient warrant for any law
enforcement officer to take custody of the youth offender.
(2) The youth authority shall adopt rules establishing
standards and procedures for revocation of parole and conditional
release. The rules must be consistent with the requirements of
due process and other applicable law.
(3) If the juvenile court has committed a youth offender to the
legal custody of the youth authority and has placed the youth
offender on probation, and the youth authority has probable cause
to believe that the youth offender has violated a condition of
probation, the juvenile court, upon request of the youth
Enrolled Senate Bill 1 Page 6
authority, may order that the youth offender be taken into
protective custody as provided in ORS chapter 419C. + }
{ +
II. YOUTH CORRECTION FACILITIES + }
{ +
A. GENERALLY + }
**************************** SECTION 18. { + Different levels
of custody in youth correction facilities reflect the differences
between the level of security and direct supervision of the
facilities. + }
**************************** SECTION 19. { + (1) It is the
policy of the State of Oregon that:
(a) Rules regulating the conduct of youth offenders be based on
the following principles and goals:
(A) Concrete expectations and goals for the conduct of youth
offenders;
(B) Safety of youth correction facility staff, the public,
visitors and youth offenders;
(C) Maintenance of order within youth correction facilities;
(D) Maintenance of a structured environment within youth
correction facilities; and
(E) Maintenance of an atmosphere necessary for effective
education, training, treatment and reform within youth correction
facilities.
(b) Dispositions and sanctions for violations of rules
regulating the conduct of youth offenders must be structured to
reflect the severity and frequency of the violations and must be
consistently and promptly imposed.
(2) The Director of the Oregon Youth Authority, upon request,
shall review any disposition that results in the transfer of a
youth offender to a different youth correction facility no later
than 72 hours after the transfer. + }
**************************** SECTION 20. { + (1) The Oregon
Youth Authority shall conduct intake assessments when youth
offenders and others are committed to the youth authority.
(2) At the time of the intake assessment, the youth authority
shall provide the person with:
(a) A copy of the rules of conduct for youth offenders and
others in custody in youth correction facilities; and
(b) Information concerning the process for transferring from
one level of custody to another.
(3) An intake assessment shall include the following for each
person:
(a) A physical health evaluation;
(b) An educational evaluation including evaluations for special
education;
(c) Psychiatric, psychological and vocational evaluations;
(d) A drug and alcohol abuse evaluation; and
(e) If appropriate, a sex offender evaluation.
(4) Following evaluation, observation and orientation, the
Director of the Oregon Youth Authority shall prepare a
reformation plan for the person and make the initial placement of
the person based upon the plan. The director shall base the
placement on:
(a) The evaluations required by subsection (3) of this section;
(b) The severity of the conduct engaged in by the person;
(c) The juvenile record of the person; and
(d) The conduct of the person during assessment. + }
Enrolled Senate Bill 1 Page 7
{ +
B. SECURE REGIONAL YOUTH FACILITIES + }
**************************** SECTION 21. { + (1) The Oregon
Youth Authority may establish up to five secure regional youth
facilities.
(2) A secure regional youth facility shall:
(a) Provide secure incarceration;
(b) Provide education and job and life skills training
including, but not limited to, anger management and self-control;
and
(c) Include a drug and alcohol treatment component that meets
standards generally accepted by mental health professionals. + }
**************************** SECTION 22. { + The Director of
the Oregon Youth Authority is solely responsible for determining
which persons committed to, or placed in the custody of, the
youth authority are eligible to participate in, and are accepted
for placement in, a secure regional youth facility. The juvenile
court may recommend to the Oregon Youth Authority that a youth
offender be placed in a secure regional youth facility, but the
recommendation is not binding on the youth authority. + }
{ +
C. REGIONAL YOUTH ACCOUNTABILITY CAMPS + }
**************************** SECTION 23. { + (1) The Oregon
Youth Authority may establish up to eight regional youth
accountability camps.
(2) A regional youth accountability camp shall:
(a) Be based on a military basic training model that includes
discipline, physical work, physical exercise and military drill;
(b) Provide for cognitive restructuring in conformance with
generally accepted rehabilitative standards; and
(c) Include a drug and alcohol treatment component that meets
standards generally accepted by mental health professionals.
(3) The youth authority may contract with all of the governing
bodies of the counties in a region to administer cooperatively a
regional youth accountability camp subject to the provisions of
sections 18 and 19 of this Act and ORS 420.011 and 420.014.
(4) The youth authority may contract with any private agency to
administer a regional youth accountability camp subject to the
provisions of sections 18 and 19 of this Act. + }
**************************** SECTION 24. { + (1) The Director
of the Oregon Youth Authority is solely responsible for
determining which persons committed to, or placed in the custody
of, the youth authority are eligible to participate in, and are
accepted for, a regional youth accountability camp. The juvenile
court may recommend to the Oregon Youth Authority that a youth
offender be placed in a regional youth accountability camp, but
the recommendation is not binding on the youth authority.
(2) In determining whether to place a person in a regional
youth accountability camp, the Director of the Oregon Youth
Authority must find that the person is physically and mentally
able to withstand the rigors of the program or that the program
can be modified to accommodate a person's physical or mental
limitations. If the Director of the Oregon Youth Authority
determines that a person's acceptance into a regional youth
accountability camp is consistent with the safety of the
community, the welfare of the person, the objectives of the
regional youth accountability camp and the rules of the youth
Enrolled Senate Bill 1 Page 8
authority, the Director of the Oregon Youth Authority may place
the person into the program. + }
{ +
D. REGIONAL RESIDENTIAL ACADEMIES + }
**************************** SECTION 25. { + (1) The Oregon
Youth Authority may establish up to four regional residential
academies.
(2) A regional residential academy shall:
(a) Provide a secure, closed residential campus;
(b) Provide year-round education, job and life skills training,
vocational training and apprenticeship programs; and
(c) Include a drug and alcohol treatment component that meets
standards generally accepted by mental health professionals.
(3) The youth authority may contract with all of the governing
bodies of the counties in a region to administer cooperatively a
regional residential academy subject to the provisions of
sections 18 and 19 of this Act and ORS 420.011 and 420.014.
(4) The youth authority may contract with any private agency to
administer a regional residential academy subject to the
provisions of sections 18 and 19 of this Act. + }
**************************** SECTION 26. { + The Director of
the Oregon Youth Authority is solely responsible for determining
which persons committed to, or placed in the physical custody of,
the youth authority are eligible to participate in, and are
accepted for, a regional residential academy. The juvenile court
may recommend to the Oregon Youth Authority that a youth offender
be placed in a regional residential academy, but the
recommendation is not binding on the youth authority. + }
{ +
III. EMERGENCY YOUTH CORRECTION FACILITIES SITING AUTHORITY + }
**************************** SECTION 27. { + The Legislative
Assembly finds that:
(1) The dramatic and explosive increase in violent juvenile
crime and the population limits placed on the state juvenile
training schools in 1985 under ORS 420.014 have resulted in a
shortage of medium security and maximum security juvenile
facilities in this state. Immediate youth correction facility
planning to implement voter initiatives requires both an
emergency process to site an interim youth correction facility
and an expedited process to site several regional facilities.
There is no statewide youth correction plan to meet these needs.
(2) The statewide land use planning goals do not adequately
address the need to site youth correction facilities that serve
several counties regionally.
(3) Because the need for additional youth correction facilities
was not apparent when the statewide land use planning goals were
developed and when many of the comprehensive land use plans were
acknowledged, siting of such facilities could involve prolonged
proceedings to obtain related plan amendments and zoning
approvals. Because of the lack of an overall siting program,
local comprehensive plans and regulations are not equipped to
deal with emergency and expedited siting programs.
(4) The uncoordinated planning and development of youth
correction facilities threatens the stability of the juvenile
justice and corrections processes of this state. Once crisis
needs are met, the promotion of coordinated youth correction
Enrolled Senate Bill 1 Page 9
planning requires the development of a statewide youth correction
plan under ORS 197.180.
(5) Once the crisis has been met by siting facilities under
both an emergency process and an expedited process, it is the
intent of the Legislative Assembly that the statewide youth
correction plan be the determinant for developing any youth
correction facilities in the future. + }
**************************** SECTION 28. { + As used in
sections 27 to 37d of this Act, unless the context requires
otherwise:
(1) 'Authority' means the Emergency Youth Correction Facilities
Siting Authority as established in section 35 of this Act.
(2) 'Department' means the Department of Human Resources. + }
**************************** SECTION 29. { + (1) To implement
the emergency process to site interim facilities, the Governor
shall nominate one or more sites for youth correction facilities
based on the following criteria:
(a) The interest demonstrated by local jurisdictions in having
a site selected for a youth correction facility within their
jurisdiction.
(b) The availability or the ability of the local jurisdictions
to provide adequate infrastructure to serve the facility.
(c) The natural features of the site or sites that allow design
to promote compatibility with surroundings.
(d) The availability of or ability to provide local educational
and support facilities.
(e) The cost of developing the proposed facility, including but
not limited to:
(A) The cost of land acquisition and construction, including
the availability of land or facilities owned by the State of
Oregon.
(B) The cost of operating the facility.
(f) The location and dispersal of social service residential
facilities and other youth correction facilities.
(g) The capacity and willingness of the local jurisdictions to
accommodate any future expansion of the facility.
(h) The commitment of the local jurisdictions to promote a
regional approach to youth correction problems.
(i) The commitment of the local jurisdictions to provide
financial support for youth detention needs for the region.
(j) The past efforts of the local jurisdictions to meet the
needs of youth correction students.
(k) The willingness of the local jurisdictions to work with
other regions to meet unique student needs.
(L) If more than one site is nominated, the physical location
of the proposed sites in relation to one another.
(2) Between 21 days and 28 days after nomination of a site
under subsection (1) of this section, the Department of Human
Resources shall hold a hearing within the county where the
nominated site is located to receive testimony regarding the site
nominated and conditions proposed therefor, including testimony
from the Department of Human Resources, local governments,
neighborhoods, law enforcement agencies and the public.
(3) At the hearing required under this section, any affected
local government or any person may submit proposed conditions to
the department. Each proposed condition shall:
(a) Be stated separately;
(b) Be in writing;
(c) Be specific;
Enrolled Senate Bill 1 Page 10
(d) Directly relate to the site or its proposed development,
infrastructure, access thereto or physical condition on or in the
immediate vicinity of the site; and
(e) Be supported by a statement of the need or reasons
therefor.
(4) Within 14 days after the hearing required under this
section, the Governor shall approve or reject the site selected
and conditions recommended by the Department of Human Resources.
The decision of the Governor shall be supported by findings,
which findings shall address only the reasons for not adopting
any of the proposed conditions that were submitted for the site
in accordance with subsection (3) of this section.
(5) If a nominated site meets the criteria specified under
subsection (1) of this section, if the local jurisdiction
demonstrates interest as described in subsection (6) of this
section and if the Governor selects a site in which the local
jurisdiction has not demonstrated interest as described under
subsection (6) of this section, the Governor shall make findings
that demonstrate why the Governor selected the site in which the
local jurisdiction did not demonstrate interest.
(6) A local jurisdiction may demonstrate interest by presenting
to the Department of Human Resources a resolution that sets forth
such interest no later than 30 days from the effective date of
this Act. + }
**************************** SECTION 30. { + (1)
Notwithstanding ORS 169.690, 197.180, 215.130 (4) and 227.286 or
any other provision of law, including but not limited to
statutes, ordinances, regulations and charter provisions, the
decision of the Governor shall bind the state and all counties,
cities and political subdivisions in this state as to the
approval of a site and the construction and operation of the
proposed youth correction facility. Affected state agencies,
counties, cities and political subdivisions shall issue the
appropriate permits, licenses and certificates necessary for
construction and operation of the facility.
(2) Each state or local governmental agency that issues a
permit, license or certificate shall continue to exercise
enforcement authority over the permit, license or certificate.
(3) Nothing in this Act expands or alters the obligations of
counties, cities and political subdivisions to pay for
infrastructure improvements for the proposed youth correction
facility. + }
**************************** SECTION 31. { + (1)
Notwithstanding ORS 183.400, 183.482, 183.484 and 197.825 or any
other law, exclusive jurisdiction for review of any decision
relating to the establishment of a youth correction facility is
conferred upon the Supreme Court.
(2) Proceedings for review shall be instituted when any person
or local government adversely affected files a petition with the
Supreme Court that meets the following requirements:
(a) The petition shall be filed within 21 days of issuance of
the decision of the Governor under section 29 of this Act or 21
days after the effective date of this Act, whichever is later.
(b) The petition shall state the nature of the decision the
petitioner desires reviewed, in what manner the decision of the
Governor rejected the position raised by the petitioner below and
shall state, by supporting affidavit, the facts showing how the
petitioner is adversely affected. The petitioner is adversely
affected only when the petitioner can establish by clear and
convincing evidence in the affidavit that:
Enrolled Senate Bill 1 Page 11
(A) The petitioner participated in a hearing before the
Department of Human Resources under section 29 of this Act;
(B) The petitioner will be within sight or sound of the
facility or will be adversely affected economically in excess of
$5,000 in value; and
(C) The petitioner proposed conditions, as required by section
29 (3) of this Act, that were rejected by the Governor.
(c) The petitioner shall serve a copy of the petition by
registered or certified mail on the Department of Human Resources
and the Attorney General.
(d) Within 30 days after service of the petition, the
department shall transmit to the Supreme Court or a special
master the Supreme Court designates, the original or a certified
copy of the entire record and any findings that may have been
made. The court shall not substitute its judgment for that of the
Governor as to any issue of fact or issue within executive branch
discretion.
(3) The record shall include only:
(a) The transcript of the hearing. However, on motion of the
Attorney General, the Supreme Court may limit the transcript to
those matters in which the petitioner is interested as provided
in subsection (2)(b) of this section.
(b) Evidence submitted by the petitioner to the department, but
on motion of any party to the judicial review, the Supreme Court
may supplement the record with additional materials from the
hearing before the department.
(c) The conditions, if any, proposed by the petitioner.
(d) The conditions, if any, on the nomination.
(e) The findings and decision of the Governor.
(4) Upon review, the Supreme Court may reverse or remand the
Governor's decision if the Supreme Court finds that the Governor:
(a) Exceeded the statutory or constitutional authority of the
decision maker; or
(b) Made a decision not supported by substantial evidence. For
purposes of this subsection and review under subsection (5) of
this section, 'substantial evidence' means evidence that, taken
in isolation, a reasonable mind could accept as adequate to
support a conclusion. The substantiality of the evidence shall
not be evaluated by considering the whole record.
(5) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court. + }
**************************** SECTION 32. { + (1) The
Department of Human Resources shall determine no more than five
locations for youth correction facilities pursuant to the
provisions of this section and sections 33 to 37d of this Act.
(2) Within 60 days of the effective date of this Act, the
department shall solicit and may receive proposals from any city
or county in this state for the donation of land and the
expenditure of moneys by the city or county for the purpose of
constructing youth correction facilities in that city or
county. + }
**************************** SECTION 33. { + (1) To implement
the expedited process to site regional youth correction
facilities, within 105 days after the effective date of this Act,
the Department of Human Resources shall:
(a) Nominate no more than eight sites in the state, based on
the following criteria:
(A) The interest demonstrated by local jurisdictions in having
a site selected for a youth correction facility within their
jurisdiction.
Enrolled Senate Bill 1 Page 12
(B) The availability of or ability of the local jurisdictions
to provide adequate infrastructure to serve the facility.
(C) The natural features of the sites that allow design to
promote compatibility with surroundings.
(D) The availability of or ability of the local jurisdictions
to provide local educational and support facilities.
(E) The cost of developing the proposed facility, including but
not limited to:
(i) The cost of land acquisition and construction, including
the availability of land or facilities owned by the State of
Oregon.
(ii) The cost of operating the facility.
(F) The location and dispersal of social service residential
facilities and other youth correction facilities.
(G) The capacity and willingness of the local jurisdictions to
accommodate any future expansion of the facility.
(H) The commitment of the local jurisdictions to promote a
regional approach to youth correction problems.
(I) The commitment of the local jurisdictions to provide
financial support for youth detention needs for the region.
(J) The past efforts of the local jurisdictions to meet the
needs of youth correction students.
(K) The willingness of the local jurisdictions to work with
other regions to meet unique student needs.
(L) The physical location of the proposed sites in relation to
one another.
(b) Publish an initial report stating the conclusions of the
department with regard to each site nominated.
(c) Provide copies of the report to:
(A) Each of the county commissioners in the county where a
nominated site is located;
(B) Each of the city council members where a nominated site is
located if any one of the sites is in a city;
(C) Governmental agencies that may be called upon to provide
services to the facility at any of the sites, including
education, police, fire, water, sewage, roads and public transit;
and
(D) Any member of the public who requests a copy and pays a fee
as set by the department.
(d) Provide media notice regarding the process and the sites
nominated, including but not limited to publication in a
newspaper of general circulation in the county or counties where
the sites are located.
(2) In its nominations, the department shall include any sites
proposed by a city or county under section 32 of this Act that
meet the criteria established under this section. If cities and
counties propose more than eight sites, the department shall
select the eight nominations from those proposed by the cities
and counties that the department determines best meet the
criteria established under this section.
(3)(a) The regions from which sites shall be nominated and
selected are:
(A) Region I - Columbia, Clatsop, Tillamook and Washington
Counties.
(B) Region II - Curry, Coos, Josephine and Jackson Counties.
(C) Region III - Douglas, Lane, Linn and Benton Counties.
(D) Region IV - Multnomah, Clackamas, Marion, Lincoln, Polk and
Yamhill Counties.
(E) Region V - All other counties.
Enrolled Senate Bill 1 Page 13
(b) A facility need not be sited in a region in which a youth
correction facility operated by the Department of Human Resources
is already located. + }
**************************** SECTION 34. { + Within 105 days
after the effective date of this Act, the Department of Human
Resources shall hold a meeting or multiple meetings with the
elected local government officials involved to discuss the site
selections, the on-site and off-site improvements needed at each
site and the site preferences of the local governments. + }
**************************** SECTION 35. { + (1) There is
established an Emergency Youth Correction Facilities Siting
Authority. Subject to the approval of the Governor, the authority
shall make youth correction facility site selection decisions as
set forth in section 36 of this Act. The authority shall consist
of seven members. Five members shall be appointed by the Governor
and serve at the Governor's pleasure. The Governor shall appoint
one of the seven members to serve as chair.
(2) In making appointments under subsection (1) of this
section, the Governor shall select authority members as follows:
(a) One shall be or shall have been employed in law
enforcement;
(b) One shall be a person in this state with experience in
juvenile court matters;
(c) One shall be or shall have been a juvenile court director;
and
(d) One shall be or shall have been a county commissioner in
this state.
(3) The Speaker of the House of Representatives and the
President of the Senate shall each appoint a member of the
authority. A member appointed to the authority under this
subsection may not be a member of the Legislative Assembly.
(4) A majority of the authority members constitutes a quorum
for the transaction of business. Members of the authority are
entitled to compensation and expenses as provided in ORS 292.495.
Any vacancy shall be filled by the appointing official.
(5) The authority shall:
(a) Direct such staff as assigned to it by the Department of
Human Resources;
(b) Consult with the site nomination committees, local
government officials and others as it deems necessary;
(c) Hold hearings; and
(d) Make decisions on the emergency siting of youth correction
facilities.
(6) As soon as practicable after making a siting decision, the
authority shall notify the Governor and shall make available for
the Governor's review any documents or materials that the
Governor may request. + }
**************************** SECTION 36. { + (1) Within 30
days after nomination of sites as set forth in section 33 of this
Act, the Emergency Youth Correction Facilities Siting Authority
shall hold a hearing within the region where each nominated site
is located to receive testimony regarding the sites nominated and
conditions proposed therefor, including testimony from the
Department of Human Resources, local governments, neighborhoods,
law enforcement agencies and the public.
(2) Not later than 10 days before the hearing held by the
authority as required by subsection (1) of this section, any
affected local government or any person may submit proposed
conditions to the authority. Each proposed condition shall:
(a) Be stated separately;
Enrolled Senate Bill 1 Page 14
(b) Be in writing;
(c) Identify the site to which the condition, if approved,
would attach;
(d) Be specific;
(e) Directly relate to any site or its proposed development,
infrastructure, access thereto or physical condition on or in the
immediate vicinity of the site; and
(f) Be supported by a statement of the need or reasons
therefor.
(3) Within 45 days after nomination of the sites as set forth
in section 33 of this Act, the authority shall select up to five
sites and specify site development conditions for each site,
based on substantial evidence in the record as a whole and
supported by findings, which findings shall address only:
(a) The criteria specified under section 33 of this Act.
(b) The reasons for not adopting any of the proposed conditions
that were submitted in accordance with subsection (2) of this
section for the selected sites.
(4) If one or more of the nominated sites meet the criteria
specified under section 33 of this Act, if the local jurisdiction
demonstrates interest as described in subsection (5) of this
section and if the authority selects a site in which the local
jurisdiction has not demonstrated interest as described under
subsection (5) of this section, the authority shall make findings
that demonstrate why it selected the site in which the local
jurisdiction did not demonstrate interest.
(5) A local jurisdiction may demonstrate interest by presenting
to the Department of Human Resources a resolution that sets forth
such interest no later than 30 days from the effective date of
this Act. + }
**************************** SECTION 37. { + (1) As soon as
practicable after making the siting decisions, the Emergency
Youth Correction Facilities Siting Authority shall notify the
Governor and shall make available for the Governor's review any
documents or materials that the Governor may request.
(2) Within 15 days after receiving the notification required by
subsection (1) of this section, the Governor shall approve or
reject any or all of the sites selected.
(3) One or more sites may be developed and used to capacity
before development is initiated on the other sites. + }
**************************** SECTION 37a. { + (1)
Notwithstanding ORS 169.690, 197.180, 215.130 (4) and 227.286 or
any other provision of law, including but not limited to
statutes, ordinances, regulations and charter provisions, the
decisions of the Emergency Youth Correction Facilities Siting
Authority, if approved by the Governor, shall bind the state and
all counties, cities and political subdivisions in this state as
to the approval of the sites and the construction and operation
of the proposed youth correction facilities. Affected state
agencies, counties, cities and political subdivisions shall issue
the appropriate permits, licenses and certificates necessary for
construction and operation of the facilities, subject only to the
conditions of the siting decisions.
(2) Each state or local governmental agency that issues a
permit, license or certificate shall continue to exercise
enforcement authority over the permit, license or certificate.
(3) Nothing in sections 27 to 37d of this Act expands or alters
the obligations of counties, cities and political subdivisions to
pay for infrastructure improvements for the proposed youth
correction facilities. + }
Enrolled Senate Bill 1 Page 15
**************************** SECTION 37b. { + (1)
Notwithstanding ORS 183.400, 183.482, 183.484 and 197.825 or any
other law, exclusive jurisdiction for review of any decision
relating to the establishment of, addition to or remodeling or
siting of a youth correction facility, including the
establishment of criteria under section 33 of this Act, the
nomination of sites under section 33 of this Act or any actions
under section 36 or 37 of this Act, is conferred upon the Supreme
Court.
(2) Proceedings for review shall be instituted when any person
or local government adversely affected files a petition with the
Supreme Court that meets the following requirements:
(a) The petition shall be filed within 21 days of issuance of
the specific decision on which the petition is based or 21 days
after the effective date of this Act, whichever is later.
Notwithstanding the proposal of a site as provided in this Act, a
decision made pursuant to section 36 or 37 of this Act with
respect to any site may be reviewed by the Supreme Court as
provided in this Act.
(b) The petition shall state the nature of the decision the
petitioner desires reviewed, in what manner the decision below
rejected the position raised by the petitioner below and shall
state, by supporting affidavit, the facts showing how the
petitioner is adversely affected. In the case of a decision by
the Emergency Youth Correction Facilities Siting Authority, the
petitioner is adversely affected only when the petitioner can
establish by clear and convincing evidence in the affidavit that:
(A) The petitioner participated in a hearing before the
authority;
(B) The petitioner will be within sight or sound of the
facility or will be adversely affected economically in excess of
$5,000 in value; and
(C) The petitioner proposed conditions, as required by section
36 (2) of this Act, that were rejected by the authority.
(c) The petitioner shall serve a copy of the petition by
registered or certified mail on the Department of Human
Resources, the authority and the Attorney General.
(d) Within 30 days after service of the petition, the
department shall transmit to the Supreme Court, or a special
master the Supreme Court designates, the original or a certified
copy of the entire record and any findings that may have been
made. The court shall not substitute its judgment for that of the
Governor, the department or the authority as to any issue of fact
or issue within executive branch discretion.
(3) If the petition is for review of a decision made by the
authority, the record shall include only:
(a) The report of the authority.
(b) The conditions, if any, on the nomination.
(c) The transcript of the hearing before the authority.
However, on motion of the authority, the Supreme Court may limit
the transcript to those matters in which the petitioner is
interested as provided in subsection (2)(b) of this section.
(d) Evidence submitted by the petitioner to the authority, but
on motion of any party to the judicial review, the Supreme Court
may supplement the record with additional materials from the
hearing before the authority.
(e) The transcript of the decision-making meeting of the
authority.
(f) The authority's findings and decision.
Enrolled Senate Bill 1 Page 16
(4) Upon review, the Supreme Court may reverse or remand the
decision if the Supreme Court finds that the department, the
authority or the Governor:
(a) Exceeded the statutory or constitutional authority of the
decision maker; or
(b) Made a decision not supported by substantial evidence. For
purposes of this subsection and review under subsection (5) of
this section, 'substantial evidence' means evidence that, taken
in isolation, a reasonable mind could accept as adequate to
support a conclusion. The substantiality of the evidence shall
not be evaluated by considering the whole record.
(5) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court. + }
**************************** SECTION 37c. { + The Department
of Human Resources shall report to the Sixty-ninth Legislative
Assembly on the progress made implementing the provisions of
sections 27 to 37d of this Act. + }
**************************** SECTION 37d. { + After the youth
correction facilities are sited and all appeals are exhausted,
the Emergency Youth Correction Facilities Siting Authority shall
cease to exist. + }
**************************** SECTION 37e. { + If House Bill
2136 becomes law, sections 27 to 37d of this Act are
repealed. + }
{ +
IV. TRANSFER + }
**************************** SECTION 38. { + There are imposed
upon, transferred to and vested in the Oregon Youth Authority all
the duties, functions and powers of the Children's Services
Division relating to persons alleged to be or found to be within
the jurisdiction of the juvenile court under ORS 419C.005. + }
**************************** SECTION 39. { + The Assistant
Director for Children's Services shall deliver to the Director of
the Oregon Youth Authority all records and property within the
jurisdiction of the assistant director that relate to the duties,
functions and powers transferred by this Act and shall transfer
those employees engaged primarily in the exercise of the duties,
functions and powers so transferred. The Director of the Oregon
Youth Authority shall take possession of such property and shall
take charge of such employees and employ them in the exercise of
their duties, functions and powers assigned or transferred by
this Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
Any dispute as to transfers of property and employees under this
section shall be resolved by the Governor, and the Governor's
decision is final. + }
**************************** SECTION 40. { + Except as
otherwise provided in section 45 of this Act, all unexpended
moneys appropriated or otherwise available to the Children's
Services Division for the purposes of any of its duties,
functions or powers transferred by this Act to the Oregon Youth
Authority are appropriated to the Oregon Youth Authority. + }
**************************** SECTION 41. { + Any proceeding,
action, prosecution or other business or matter undertaken or
commenced before January 1, 1996, by the Children's Services
Division, with respect to the duties, functions or powers
transferred to the Oregon Youth Authority by this Act, and still
pending on January 1, 1996, may be conducted and completed by the
Enrolled Senate Bill 1 Page 17
Oregon Youth Authority in the same manner, under the same terms
and conditions and with the same effect as though undertaken,
conducted or completed by the Children's Services Division before
the transfer. + }
**************************** SECTION 42. { + Nothing in this
Act relieves any person of any obligation with respect to a tax,
fee, fine or other charge, interest, penalty, forfeiture or other
liability, duty or obligation. + }
**************************** SECTION 43. { + The Oregon Youth
Authority is considered to be a continuation of the Children's
Services Division with respect to the duties, functions and
powers transferred by this Act, and not a new authority, for the
purpose of succession to all rights and obligations of the
Children's Services Division as constituted at the time of the
transfer, except as otherwise provided by this Act, with the same
force and effect as if such duties, functions and powers had not
been transferred. + }
**************************** SECTION 44. { + (1) Whenever, in
any law or resolution of the Legislative Assembly or in any rule,
document, record or proceeding authorized thereby, reference is
made to the Children's Services Division, or employee thereof,
whose duties, functions or powers are assigned or transferred by
this Act, except as otherwise provided in this Act such reference
is considered to describe the Oregon Youth Authority, or employee
thereof, who is charged with carrying out such duties, functions
and powers.
(2) The rules of the Children's Services Division adopted on or
before December 31, 1995, with respect to duties, functions or
powers assigned or transferred by this Act continue in effect
until superseded or rescinded by rules lawfully adopted by the
Oregon Youth Authority. + }
**************************** SECTION 45. { + A transfer of
duties, functions, powers, rights, records, property, employees
or moneys by this Act does not become operative until the
Director of the Oregon Youth Authority has been appointed and has
qualified. Until then the Assistant Director for Children's
Services shall continue to exercise and perform such duties,
functions, powers and rights, and to have charge of such records,
property, employees and moneys. + }
**************************** SECTION 46. { + (1)
Notwithstanding any other law, the Director of the Oregon Youth
Authority may be appointed before January 1, 1996, and may take
any action before that date that is necessary to enable the
director to exercise, on and after January 1, 1996, the duties,
functions and powers given the director under this Act.
(2) Prior to January 1, 1996, the director may use the accounts
and information systems of the Children's Services Division. + }
{ +
V. BALLOT MEASURE 11 + }
**************************** SECTION 47. Section 1, chapter 2,
Oregon Laws 1995 (Measure No. 11), is amended to read:
{ + Sec. 1. + } (1) When a person is convicted of one of the
offenses listed in subsection (2) of this section and the offense
was committed on or after April 1, 1995, the court shall impose,
and the person shall serve, at least the entire term of
imprisonment listed in subsection { - 2 - } { + (2) of this
section + }. The person is not, during the service of the term of
imprisonment, eligible for release on post-prison supervision or
Enrolled Senate Bill 1 Page 18
any form of temporary leave from custody. The person is not
eligible for any reduction in the sentence for any reason
whatsoever under ORS 421.120, 421.121 or any other statute. The
court may impose a greater sentence if otherwise permitted by
law, but may not impose a lower sentence than the sentence
specified in { - Section 2 - } { + subsection (2) of this
section + }. { - Notwithstanding any other provision of law,
when a person charged with any of the offenses listed in
subsection 2 of this section is 15, 16 or 17-years of age, at the
time the charges are filed, that person shall be tried as an
adult. - }
(2) The offenses to which subsection (1) of this section
applies and the sentences are:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)Murder, as defined in
ORS 163.115 { +
. + }
{ +
+ }
300 months
(b)Manslaughter in the
first degree, as defined
in ORS 163.118. { +
+ }
120 months
(c)Manslaughter in the second
degree, as defined in
ORS 163.125. { +
+ }
75 months
(d)Assault in the first
degree, as defined in
ORS 163.185. { +
+ }
90 months
(e)Assault in the second
degree, as defined in
ORS 163.175. { +
+ }
70 months
(f)Kidnapping in the first
degree, as defined
in ORS 163.235. { +
+ }
90 months
(g)Kidnapping in the second
degree, as defined in
ORS 163.225. { +
+ }
70 months
(h)Rape in the first degree,
as defined in ORS 163.375. { +
+ }
100 months
(i)Rape in the second degree,
Enrolled Senate Bill 1 Page 19
as defined in ORS 163.365. { +
+ }
75 months
(j)Sodomy in the first degree,
as defined in ORS 163.405. { +
+ }
100 months
(k)Sodomy in the second degree,
as defined in ORS 163.395. { +
+ }
75 months
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
(l) - }
{ +
(L) + }
Unlawful sexual
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
penetration in the first
degree, as defined in
ORS 163.411. { +
+ }
100 months
(m)Unlawful sexual penetration
in the second degree, as
defined in ORS 163.408. { +
+ }
75 months
(n)Sexual abuse in the first
degree, as defined in
ORS 163.427. { +
+ }
75 months
(o)Robbery in the first degree,
as defined in ORS 164.415. { +
+ }
90 months
(p)Robbery in the second degree,
as defined in ORS 164.405. { +
+ }
70 months
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
**************************** SECTION 48. { + (1)(a) As used in
this section and section 49 of this Act:
(A) 'Charged' means the filing of an accusatory instrument in a
court of criminal jurisdiction alleging the commission of an
offense listed in section 49 of this Act.
Enrolled Senate Bill 1 Page 20
(B) 'Prosecuted' includes pretrial and trial procedures,
requirements and limitations provided for in criminal cases.
(b) Unless otherwise provided in section 49 of this Act, ORS
chapters 137 and 138 apply to proceedings under section 49 of
this Act.
(2)(a) Notwithstanding ORS 419B.100 and 419C.005, a person 15,
16 or 17 years of age at the time of committing the offense may
be charged with the commission of an offense listed in section 49
of this Act and may be prosecuted as an adult.
(b) The district attorney shall notify the juvenile court and
the juvenile department when a person under 18 years of age is
charged with an offense listed in section 49 of this Act.
(c) The filing of an accusatory instrument in a criminal court
under section 49 of this Act divests the juvenile court of
jurisdiction in the matter if juvenile court jurisdiction is
based on the conduct alleged in the accusatory instrument or any
conduct arising out of the same act or transaction. Upon
receiving notice from the district attorney under paragraph (b)
of this subsection, the juvenile court shall dismiss, without
prejudice, the juvenile court proceeding and enter any order
necessary to transfer the matter or transport the person to the
criminal court for further proceedings. Nothing in this paragraph
affects the authority or jurisdiction of the juvenile court with
respect to other matters or conduct.
(3)(a) A person charged with a crime under section 49 of this
Act who is 16 or 17 years of age shall be detained in custody in
a jail or other place where adults are detained subject to
release on the same terms and conditions as for adults.
(b) Notwithstanding paragraph (a) of this subsection, the
sheriff and the director of the county juvenile department may
agree to detain the person charged in a place other than the
county jail.
(c) If a person charged with a crime under section 49 of this
Act is under 16 years of age, the person may not be detained,
either before conviction or after conviction but before execution
of the sentence, in a jail or other place where adults are
detained. + }
**************************** SECTION 49. { + (1)
Notwithstanding any other provision of law, when a person charged
with aggravated murder, as defined in ORS 163.095, or an offense
listed in subsection (4) of this section is 15, 16 or 17 years of
age at the time the offense is committed, and the offense is
committed on or after April 1, 1995, the person shall be
prosecuted as an adult in criminal court.
(2) When a person charged under this section is convicted of an
offense listed in subsection (4) of this section, the court shall
impose at least the presumptive term of imprisonment provided for
the offense in subsection (4) of this section. The court may
impose a greater presumptive term if otherwise permitted by law,
but may not impose a lesser term. The person is not, during the
service of the term of imprisonment, eligible for release on
post-prison supervision or any form of temporary leave from
custody. The person is not eligible for any reduction in the
sentence for any reason under ORS 421.121 or any other provision
of law. ORS 163.105 and 163.150 apply to sentencing a person
prosecuted under this section and convicted of aggravated murder
under ORS 163.095 except that a person who was under 18 years of
age at the time the offense was committed is not subject to a
sentence of death.
Enrolled Senate Bill 1 Page 21
(3) The court shall commit the person to the legal and physical
custody of the Department of Corrections.
(4) The offenses to which this section applies and the
presumptive sentences are: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(aMurder, as defined in
ORS 163.115...300 months
(b) Manslaughter in the
first degree, as defined
in ORS 163.118120 months
(c) Manslaughter in the
second degree, as defined
in ORS 163.125.75 months
(d) Assault in the
first degree, as defined
in ORS 163.185.90 months
(e) Assault in the
second degree, as
defined in ORS 703months
(f) Kidnapping in the first
degree, as defined in
ORS 163.235....90 months
(g) Kidnapping in the second
degree, as defined in
ORS 163.225....70 months
(h) Rape in the first degree,
as defined in ORS
163.375.......100 months
(i) Rape in the second degree,
as defined in ORS
163.365........75 months
(j) Sodomy in the first
degree, as defined in
ORS 163.405...100 months
(k) Sodomy in the second
degree, as defined in
ORS 163.395...75 months
(L) Unlawful sexual
penetration in the
first degree, as
defined in ORS1003months
(m) Unlawful sexual
penetration in the
second degree, as
defined in ORS 753months
(n) Sexual abuse in the
first degree, as
defined in ORS 753months
(o) Robbery in the first
degree, as defined in
ORS 164.415....90 months
(p) Robbery in the second
degree, as defined in
ORS 164.40570 months + }
Enrolled Senate Bill 1 Page 22
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + (5) If a person charged with an offense under this
section is found guilty of a lesser included offense and the
lesser included offense is:
(a) An offense listed in subsection (4) of this section, the
court shall sentence the person as provided in subsection (2) of
this section.
(b) Not an offense listed in subsection (4) of this section:
(A) But constitutes an offense for which waiver is authorized
under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain
jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the
court shall consider the criteria for waiver in ORS 419C.349. If
the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does
not retain jurisdiction, the court shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.411 and section 82 of this
Act.
(B) And is not an offense for which waiver is authorized under
ORS 419.349, the court may not sentence the person. The court
shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.411 and section 82 of this
Act.
(6) When a person is charged under this section, other offenses
based on the same act or transaction shall be charged as separate
counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated murder or
offenses listed in subsection (4) of this section. If it appears,
upon motion, that the state or the person charged is prejudiced
by the joinder and consolidation of offenses, the court may order
an election or separate trials of counts or provide whatever
other relief justice requires.
(7)(a) If a person charged and tried as provided in subsection
(6) of this section is found guilty of aggravated murder or an
offense listed in subsection (4) of this section and one or more
other offenses, the court shall impose the sentence for
aggravated murder or the offense listed in subsection (4) as
provided in subsection (2) of this section and shall impose
sentences for the other offenses as otherwise provided by law.
(b) If a person charged and tried as provided in subsection (6)
of this section is not found guilty of aggravated murder or an
offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense
for which waiver is authorized under ORS 419C.349, the court,
upon motion of the district attorney, shall hold a hearing to
determine whether to retain jurisdiction or to transfer the case
to juvenile court for disposition. In determining whether to
retain jurisdiction, the court shall consider the criteria for
waiver in ORS 419C.349. If the court retains jurisdiction, the
Enrolled Senate Bill 1 Page 23
court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court
shall:
(A) Order that a presentence report be prepared;
(B) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(C) Enter an order transferring the case to the juvenile court
for disposition under ORS 419C.411 and section 82 of this
Act. + }
{ + **************************** NOTE: + } Sections 50 and 51
were deleted by amendment. Subsequent sections were not
renumbered.
{ +
VI. SECOND LOOK + }
**************************** SECTION 52. { + (1) A person may
not continue in the legal or physical custody of the Oregon Youth
Authority after the person attains 25 years of age.
(2) Except as otherwise provided in ORS 137.124 and 420.011,
when a person in the physical custody of the Oregon Youth
Authority under ORS 137.124 attains 24 years and 11 months of age
and if the person will not complete the term of imprisonment
imposed before the person attains 25 years of age, the Oregon
Youth Authority shall transfer the person to the physical custody
of the Department of Corrections. + }
**************************** SECTION 53. { + (1)(a) This
section and section 56 of this Act apply only to persons who were
under 18 years of age at the time of the commission of the
offense for which the persons were sentenced to a term of
imprisonment and who were:
(A) Sentenced following waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370; or
(B) Sentenced as provided in section 49 (5)(b)(A) or (7)(b) of
this Act.
(b) When a person described in paragraph (a) of this subsection
has served one-half of the sentence imposed, the sentencing court
shall determine what further commitment or disposition is
appropriate as provided in this section. As used in this section,
'sentence imposed' means the total period of mandatory
incarceration imposed for all convictions resulting from a single
prosecution or criminal proceeding.
(2)(a) No more than 120 days and not less than 60 days before
the date on which a person has served one-half of the sentence
imposed, the Oregon Youth Authority or the Department of
Corrections, whichever has custody of the person, shall file in
the sentencing court a notice and request that the court set a
time and place for the hearing required under this section. The
youth authority or department shall serve the person with a copy
of the notice and request for hearing on or before the date of
filing.
(b) The sentencing court shall schedule a hearing upon
receiving the notice and request under paragraph (a) of this
subsection.
(c) The court shall notify the following of the time and place
of the hearing:
(A) The person and the person's parents;
(B) The Attorney General; and
(C) The district attorney who prosecuted the case.
Enrolled Senate Bill 1 Page 24
(d) The court shall make reasonable efforts to notify the
following of the time and place of the hearing:
(A) The Oregon Youth Authority;
(B) The Department of Corrections;
(C) The victim and the victim's parents or legal guardian; and
(D) Any other person who has filed a written request with the
court to be notified of any hearing concerning the transfer,
discharge or release of the person.
(3) In a hearing under this section:
(a) The person has the right to appear with counsel. If the
person requests that the court appoint counsel and the court
determines that the person meets the eligibility standards of ORS
135.050, the court shall order that counsel be appointed.
(b) The district attorney represents the state.
(c) The person, the state, the Oregon Youth Authority and the
Department of Corrections are parties to the proceeding. The
Attorney General represents the youth authority and the
department.
(d) The court may consider, when relevant, written reports of
the Oregon Youth Authority, the Department of Corrections and
qualified experts in addition to the testimony of witnesses.
(e) Within a reasonable time before the hearing, as determined
by the court, the person must be given the opportunity to examine
all reports and other documents concerning the person that the
state, the Oregon Youth Authority or the Department of
Corrections intends to submit for consideration by the court at
the hearing.
(f) Except as otherwise provided by law or by order of the
court based on good cause, the person must be given access to the
records maintained in the person's case by the Oregon Youth
Authority and the Department of Corrections.
(g) The person may examine all of the witnesses called by the
other parties, may subpoena and call witnesses to testify on the
person's behalf and may present evidence and argument.
(h) The hearing must be recorded.
(i) The hearing and the record of the hearing are open to the
public.
(j) The question to be decided is which of the dispositions
provided in subsection (4) of this section should be ordered in
the case.
(k) The person has the burden of proving by clear and
convincing evidence that the person has been rehabilitated and
reformed, and if conditionally released, the person would not be
a threat to the safety of the victim, the victim's family or the
community and that the person would comply with the release
conditions.
(4)(a) At the conclusion of the hearing and after considering
and making findings regarding each of the factors in paragraph
(b) of this subsection, the court shall order one of the
following dispositions:
(A) Order that the person serve the entire remainder of the
sentence of imprisonment imposed, with the person's physical
custody determined under ORS 137.124.
(B) Continue a placement of physical custody with the Oregon
Youth Authority under ORS 137.124 until the person has served the
remainder of the sentence of imprisonment imposed, if the
person's sentence will end before the person attains 25 years of
age.
(C) Postpone the determination under this section and continue
the hearing until such time as the court may order.
Enrolled Senate Bill 1 Page 25
(D) Conditionally release the person under section 56 of this
Act if the court finds that the person:
(i) Has been rehabilitated and reformed;
(ii) Is not a threat to the safety of the victim, the victim's
family or the community; and
(iii) Will comply with the conditions of release.
(b) In making the determination under this section, the court
shall consider:
(A) The experiences and character of the person before and
after commitment to the Oregon Youth Authority or the Department
of Corrections;
(B) The person's juvenile and criminal records;
(C) The person's mental, emotional and physical health;
(D) The gravity of the loss, damage or injury caused or
attempted, during or as part of the criminal act for which the
person was convicted and sentenced;
(E) The manner in which the person committed the criminal act
for which the person was convicted and sentenced;
(F) The person's efforts, participation and progress in
rehabilitation programs since the person's conviction;
(G) The results of any mental health or substance abuse
treatment;
(H) Whether the person demonstrates accountability and
responsibility for past and future conduct;
(I) Whether the person has made and will continue to make
restitution to the victim and the community;
(J) Whether the person will comply with and benefit from all
conditions that will be imposed if the person is conditionally
released;
(K) The safety of the victim, the victim's family and the
community;
(L) The recommendations of the district attorney, the Oregon
Youth Authority and the Department of Corrections; and
(M) Any other relevant factors or circumstances raised by the
state, the Oregon Youth Authority, the Department of Corrections
or the person.
(5) The person, the state, the Oregon Youth Authority or the
Department of Corrections may appeal an order entered under this
section. On appeal, the appellate court's review is limited to
claims that:
(a) The disposition is not authorized under this section;
(b) The court failed to comply with the requirements of this
section in imposing the disposition; or
(c) The findings of the court are not supported by substantial
evidence in the record. + }
{ + **************************** NOTE: + } Sections 54 and 55
were deleted by amendment. Subsequent sections were not
renumbered.
**************************** SECTION 56. { + (1)(a) If, after
the hearing required by section 53 of this Act, the court
determines that conditional release is the appropriate
disposition, the court shall direct the Department of Corrections
to prepare a proposed release plan. The Department of Corrections
shall submit the release plan at least 45 days prior to the
proposed release date. The Department of Corrections shall
incorporate any conditions recommended by the court and shall
consider any recommendations made by the Oregon Youth Authority.
The release plan submitted to the court must include:
(A) A description of support services and program opportunities
available to the person;
Enrolled Senate Bill 1 Page 26
(B) The recommended conditions of the release and supervision;
(C) The level of supervision required;
(D) Conditions or requirements that provide for the safety of
the victim, the victim's family and the community;
(E) For persons whose sentences include a requirement to make
restitution or to pay compensatory fines or attorney fees and who
have not yet made full payment, a payment schedule;
(F) Any conditions reasonably necessary to further the reform
and rehabilitation of the person and to ensure compliance with
the other conditions imposed; and
(G) Any special conditions necessary because of the person's
individual circumstances.
(b) If the court does not approve the proposed release plan,
the court shall return the plan to the Department of Corrections
with recommended modifications and additions. The Department of
Corrections shall submit a revised plan to the court at least 15
days prior to the proposed release date.
(c) If the court does not approve the revised plan, the court
shall make any changes that the court deems appropriate and
prepare the final release plan. The final release plan must
require, in addition to any other conditions, that the person:
(A) Comply with the conditions of post-release supervision;
(B) Be under the supervision of the Department of Corrections
and its representatives and follow the direction and counsel of
the Department of Corrections and its representatives;
(C) Answer all reasonable inquiries of the court or the
supervisory authority of the Department of Corrections;
(D) Report to the supervision officer as directed by the court
or the supervisory authority of the Department of Corrections;
(E) Not own, possess or be in control of any dangerous weapon
or deadly weapon, as those terms are defined in ORS 161.015;
(F) Respect and obey all municipal, county, state and federal
laws;
(G) Participate in a victim impact treatment program; and
(H) Pay any restitution, compensatory fine or attorney fees
ordered and regularly perform any community service ordered.
(2) When the court has approved a final release plan, the court
shall enter an order conditionally releasing the person. The
order of conditional release shall:
(a) State the conditions of release;
(b) Require the person to comply fully with all of the
conditions of release;
(c) Confirm that the person has been given a copy of the
conditions of release;
(d) Continue the person's commitment to the legal custody of
the Department of Corrections;
(e) Provide that the Department of Corrections or its designee
shall supervise the person;
(f) Provide that the period of supervision is the entire
remaining term of the sentence imposed, unless the conditional
release is revoked or suspended; and
(g) Require that the Department of Corrections submit a report
to the court no later than 90 days after the person is
conditionally released and at least every 180 days thereafter
informing the court of the person's circumstances and progress on
conditional release.
(3)(a) A person conditionally released under this section
remains within the jurisdiction of the sentencing court for the
period of the conditional release.
Enrolled Senate Bill 1 Page 27
(b) At any time after the entry of an order of conditional
release, the court, on its own motion or on motion of the
Department of Corrections, may amend the conditional release
order to modify the conditions of the person's release and
supervision, providing that the modifications are consistent with
the requirements for conditions of release in subsections (1) and
(2) of this section. Before entering an amended order under this
paragraph, the court shall provide the Department of Corrections
and the person with a reasonable amount of time to comment on the
proposed modifications. The court shall serve the Department of
Corrections and the person with a copy of the amended order at
least 15 days before the order takes effect.
(c) The Department of Corrections and the supervisory authority
may adjust the level of the person's supervision as is
appropriate to the person's progress and conduct in the
community.
(4)(a) If an officer of the Department of Corrections or the
supervisory authority or a law enforcement officer has reasonable
grounds to believe that a person released under this section has
violated a condition of the release, the officer may take the
person into custody and detain the person pending a hearing on
the alleged violation as provided in paragraph (c) of this
subsection. No later than 24 hours after a person is taken into
custody under this subsection, the Department of Corrections or
the supervisory authority shall file a notice and affidavit with
the court as provided in paragraph (b) of this subsection and
serve a copy of the notice and affidavit on the person.
(b) When a notice and affidavit is filed under paragraph (a) of
this subsection and if the court finds that the notice and
affidavit state reasonable grounds to believe the person has
violated a condition of the release, the court shall issue an
order that the person appear and show cause why the conditional
release should not be revoked or suspended as a sanction for the
alleged violation. When a court issues an order under this
paragraph, the court shall:
(A) Serve a copy of the order to show cause on the person and
the district attorney; and
(B) Provide the person with written notice containing the
following information:
(i) The time, place and purpose of the hearing;
(ii) That the person has the right to have adverse witnesses
present at the hearing for purpose of confrontation and
cross-examination unless the court determines that good cause
exists for not permitting confrontation;
(iii) That the person has the right to subpoena witnesses and
present documentary evidence and testimony of witnesses;
(iv) That the person has the right to be represented by counsel
and, if indigent, to have counsel appointed at state expense as
provided in paragraph (d) of this subsection; and
(v) The possible sanction authorized if the court determines
that the person has violated the conditions of release.
(c) The court shall hold the hearing no more than 15 days after
issuing the order to appear and show cause. The court may order
the person to be detained pending the hearing and disposition.
(d) In a hearing under this subsection:
(A) The person has the right to be represented by counsel and,
if indigent, to have counsel appointed at state expense if the
court determines, after request, that the request is based on a
timely and colorable claim that:
Enrolled Senate Bill 1 Page 28
(i) The person has not committed the alleged violation of the
release conditions;
(ii) Even if the violation is a matter of public record or is
uncontested, there are substantial reasons that justify or
mitigate the violation and make revocation inappropriate and the
reasons are complex or otherwise difficult to develop or present;
or
(iii) The person, in doubtful cases, appears to be incapable of
speaking effectively on the person's own behalf;
(B) The Department of Corrections or the supervisory authority
has the burden of proving the alleged violation by a
preponderance of the evidence;
(C) The state is a party and is represented by the district
attorney;
(D) The standards for the introduction and admissibility of
evidence in contested case hearings under ORS 183.450 (1) and (2)
apply in the hearing;
(E) If the court finds that the person has violated the
conditions of release and that subsection (5) of this section
does not apply, the person has the burden of establishing good
cause why the conditional release should not be revoked or
suspended; and
(F) At the conclusion of the hearing, the court shall enter an
order containing findings of fact and, if the court finds that
the person violated a condition of release, stating what
sanctions are imposed.
(e) Except as provided in subsection (5) of this section, when
the court finds that the person has violated a condition of
release, the court shall impose one or more of the following
sanctions:
(A) Adjustments to the level of supervision;
(B) Modifications of the conditions of release;
(C) Any appropriate available local sanctions including, but
not limited to, community service work, house arrest, electronic
surveillance, restitution centers, work release centers or day
centers;
(D) Suspension of conditional release for up to 180 days; or
(E) Revocation of conditional release.
(5) At the conclusion of the hearing, the court shall revoke
the person's conditional release and order the person committed
to the physical custody of the Department of Corrections to be
confined for the remainder of the sentence imposed, if the court
finds that:
(a) The person has been convicted of a new criminal offense;
(b) The person has violated the condition prohibiting
ownership, possession or control of a dangerous weapon or deadly
weapon as those terms are defined in ORS 161.015; or
(c) The person's conditional release has been suspended twice
under this section within the past 18 months.
(6)(a) The state, the Department of Corrections or the person
may appeal from an order of conditional release under this
section. The appellate court's review is limited to claims that
the court failed to comply with the requirements of law in
ordering the conditional release.
(b) The state, the Department of Corrections or the person may
appeal from an order of the court entered under subsection (4) or
(5) of this section. The appellate court's review is limited to
claims that:
(A) The disposition is not authorized under this section;
Enrolled Senate Bill 1 Page 29
(B) The court failed to comply with the requirements of law;
and
(C) The finding of the court that the person did or did not
violate a condition of release is not supported by substantial
evidence in the record. + }
{ +
VII. MISCELLANEOUS PROVISIONS + }
**************************** SECTION 57. ORS 137.124 is amended
to read:
137.124. (1) If the court imposes a sentence of imprisonment
upon conviction of a felony, it 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.
(2) 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.
(3) If the court imposes a sentence of imprisonment upon
conviction of a misdemeanor, it shall commit the defendant to the
custody of the executive head of the correctional facility for
the imprisonment of misdemeanants designated in the judgment.
{ + (4)(a) When a person under 18 years of age is sentenced
and committed to the Department of Corrections under section 49
of this 1995 Act, 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. + }
{ - (4)(a) - } { + (5)(a) + } When a person under 18 years
of age is { + committed to the legal and physical custody of
the Department of Corrections following waiver + }
{ - waived - } under ORS 419C.349, 419C.352, 419C.364 or
419C.370 { - and subsequently is sentenced to a term of
imprisonment - } { + or sentencing under section 49 (5)(b)(A)
or (7)(b) of this 1995 Act, the Department of Corrections 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 sections 52 to 56 of this 1995 Act + } { - in the
custody of the Department of Corrections, the department shall
transfer the person to a juvenile training school for physical
custody as provided in ORS 420.011 (3) - } .
Enrolled Senate Bill 1 Page 30
(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 { - juvenile training
school - } { + youth correction facility + } for physical
custody as provided in ORS 420.011 (3).
{ + (6) Notwithstanding the provisions of subsection
(4)(a)(A) of this section, the department may not transfer the
physical custody of the person under subsection (4)(a)(A) of this
section if the Director of the Oregon Youth Authority, after
consultation with the Department of Corrections, 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. + }
**************************** SECTION 57a. On July 1, 1996, ORS
137.124 as amended by section 57 of this Act, is further amended
to read:
137.124. (1) { + (a) + } If the court imposes a sentence of
imprisonment upon conviction of a felony, it 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.
{ + (b) If the Director of the Oregon Youth Authority concurs
in the decision, the Department of Corrections shall transfer the
physical custody of a person committed to the Department of
Corrections under this subsection 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 imprisonment;
(B) The person has not been committed previously to the legal
and physical custody of the Department of Corrections;
(C) The person has not been convicted and sentenced to a term
of imprisonment for the commission of a felony in any other
state;
(D) The person will complete the term of imprisonment imposed
before the person attains 25 years of age;
(E) The person is likely in the foreseeable future to benefit
from the rehabilitative and treatment programs administered by
the Oregon Youth Authority;
(F) 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) 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. + }
(2) 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.
(3) If the court imposes a sentence of imprisonment upon
conviction of a misdemeanor, it shall commit the defendant to the
custody of the executive head of the correctional facility for
the imprisonment of misdemeanants designated in the judgment.
(4)(a) When a person under 18 years of age is sentenced and
committed to the Department of Corrections under section 49 of
this 1995 Act, the Department of Corrections shall transfer the
Enrolled Senate Bill 1 Page 31
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.
(5)(a) When a person under 18 years of age is committed to the
legal and physical custody of the Department of Corrections
following waiver under ORS 419C.349, 419C.352, 419C.364 or
419C.370 or sentencing under section 49 (5)(b)(A) or (7)(b) of
this 1995 Act, the Department of Corrections 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 sections 52 to 56 of this 1995 Act.
(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).
(6) Notwithstanding the provisions of { - subsection - }
{ + subsections (1)(b) and + } (4)(a)(A) of this section, the
department may not transfer the physical custody of the person
under subsection { + (1)(b) or + } (4)(a)(A) of this section if
the Director of the Oregon Youth Authority, after consultation
with the Department of Corrections, 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.
**************************** SECTION 58. ORS 161.290 is amended
to read:
161.290. (1) A person who is tried as an adult in a court of
criminal jurisdiction is not criminally responsible for any
conduct which occurred when the person was under { - 14 - }
{ + 12 + } years of age.
(2) Incapacity due to immaturity, as defined in subsection (1)
of this section, is a defense.
**************************** SECTION 59. ORS 181.517 is amended
to read:
181.517. As used in ORS 181.518 and 181.519:
(1) { + (a) + } 'Correctional facility' means any place used
for the confinement of persons { + :
(A) + } Charged with or convicted of a crime or otherwise
confined under a court order.
{ + (B) Found to be within the jurisdiction of the juvenile
court for having committed an act that if committed by an adult
would constitute a crime.
(b) + } 'Correctional facility' { - does not include a
juvenile facility, and - } applies to a state hospital only as
to persons detained therein charged with or convicted of a crime,
Enrolled Senate Bill 1 Page 32
or detained therein after being found guilty except for insanity
under ORS 161.290 to 161.370.
(2) 'Sex crime' means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Dealing in depictions of a child's sexual conduct;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child's sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution; or
(L) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (k) of this subsection.
**************************** SECTION 60. ORS 181.518 is amended
to read:
181.518. (1)(a) { - When a person is discharged, paroled or
released on any form of supervised or conditional release from a
jail, prison or other correctional facility in this state at
which the person was confined as a result of conviction of a sex
crime or as a result of having been found guilty except for
insanity of a sex crime or when a person convicted in another
jurisdiction of a crime that would constitute a sex crime if
committed in this state is paroled to this state under ORS
144.610, - } The official in charge of supervising { - the - }
{ + a + } person shall obtain the address where the person will
reside upon release and shall enter into the Law Enforcement Data
System the person's name and description, a description of the
methodology of the offense, the person's address and the
originating code of the parole or probation agency that is
located closest to the address of the person { + when the
person:
(A) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
(i) Conviction of a sex crime;
(ii) Having been found guilty except for insanity of a sex
crime; or
(iii) Having been found to be within the jurisdiction of the
juvenile court for having committed a crime that if committed by
an adult would constitute a sex crime; or
(B) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state + }.
(b) The person in charge of supervising a person on active
parole or other supervised or conditional release shall enter
into the Law Enforcement Data System any change in the address of
the parolee or person being supervised.
(2) Following discharge, release from active parole or other
supervised or conditional release, the person shall provide, in
writing, the address of the person to the Oregon State Police:
(a) Within 30 days of a change of residence; and
(b) Once each year regardless of whether the person changed
address.
**************************** SECTION 60a. { + If House Bill
2682 becomes law, section 3, chapter ___, Oregon Laws 1995
(Enrolled House Bill 2682) (amending ORS 181.518), is repealed
Enrolled Senate Bill 1 Page 33
and ORS 181.518, as amended by section 60 of this Act, is further
amended to read: + }
181.518. (1)(a) The official in charge of supervising a person
shall obtain the address where the person will reside upon
release { + , + } { - and - } shall enter into the Law
Enforcement Data System the person's name and description, a
description of the methodology of the offense, the person's
address and the originating code of the parole or probation
agency that is located closest to the address of the person { + ,
and shall provide the person with written notification of the
obligation to register under subsection (2) of this section and
obtain a signed acknowledgment of receipt of the notice, + } when
the person:
(A) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
(i) Conviction of a sex crime;
(ii) Having been found guilty except for insanity of a sex
crime; or
(iii) Having been found to be within the jurisdiction of the
juvenile court for having committed a crime that if committed by
an adult would constitute a sex crime; or
(B) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state.
(b) The person in charge of supervising a person on active
parole or other supervised or conditional release shall enter
into the Law Enforcement Data System any change in the address of
the parolee or person being supervised.
(2) Following discharge, release from active parole or other
supervised or conditional release, the person shall provide, in
writing, the address of the person to the Oregon State Police:
(a) Within 30 days of a change of residence; and
(b) Once each year regardless of whether the person changed
address.
**************************** SECTION 61. ORS 181.519 is amended
to read:
181.519. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, { - when a person is convicted in this
state of a sex crime and is released on probation by the court or
when a person convicted in another jurisdiction of a crime that
would constitute a sex crime if committed in this state is
released on probation to this state under ORS 144.610, - } the
probation agency of the county in which { - the - } { + a + }
person intends to reside upon release shall enter into the Law
Enforcement Data System the person's name and description, the
description of the methodology of the offense, the address where
the person expects to reside upon release and the originating
code of the probation agency that is located closest to the
address of the person { + when the person is released on
probation:
(A) By the court after being convicted in this state of a sex
crime;
(B) By the juvenile court after being found to be within the
jurisdiction of the juvenile court for having committed an act
that if committed by an adult would constitute a sex crime; or
(C) To this state under ORS 144.610 after being convicted in
another jurisdiction of a crime that would constitute a sex crime
if committed in this state + }.
Enrolled Senate Bill 1 Page 34
(b) When the court discharges the person or places the person
on bench probation, the district attorney shall cause the
information required by paragraph (a) of this subsection to be
entered into the Law Enforcement Data System.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, when a person is found guilty except for insanity of
a sex crime and is discharged or released on conditional release
by the court or the Psychiatric Security Review Board, the
Psychiatric Security Review Board shall cause to be entered into
the Law Enforcement Data System the person's name and
description, the description of the methodology of the offense
and the address where the person expects to reside upon release.
(b) When the person is discharged by the court, the district
attorney shall cause the information required by paragraph (a) of
this subsection to be entered into the Law Enforcement Data
System.
(3) Following discharge, release from active parole or other
supervised or conditional release, the person shall provide, in
writing, the address of the person to the Oregon State Police:
(a) Within 30 days of a change of residence; and
(b) Once each year regardless of whether the person changed
address.
**************************** SECTION 62. { + (1)
Notwithstanding any other provision of law, the Oregon State
Police, the chief of police of a city police department or a
county sheriff may disclose to any member of the public that a
person is a predatory sex offender if:
(a) The person is registered or is required to register under
ORS 181.518 or 181.519 after being found to be within the
jurisdiction of the juvenile court for having committed an act
that if committed by an adult would constitute a sex crime;
(b) The person is not under the supervision of the juvenile
court; and
(c) The Oregon State Police, chief of police or sheriff, in
conjunction with the Department of Corrections, determines that
the person is a predatory sex offender as provided in ORS
181.507.
(2) Notification under subsection (1) of this section may
include any of the following information:
(a) The person's name and address;
(b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(c) The type of vehicle the person is known to drive;
(d) Any conditions or restrictions upon the person's release;
(e) A description of the person's primary and secondary victims
of choice;
(f) A description of the person's method of offense;
(g) A current photograph of the person; and
(h) The name or work telephone number of the person's parole or
probation officer. + }
**************************** SECTION 62a. If House Bill 3345
becomes law, section 62 of this Act is amended to read: { + + }
{ + Sec. 62. + } (1) Notwithstanding any other provision of
law, the Oregon State Police, the chief of police of a city
police department or a county sheriff may disclose to any member
of the public that a person is a predatory sex offender if:
(a) The person is registered or is required to register under
ORS 181.518 or 181.519 { + or section 2, chapter ___, Oregon
Laws 1995 (Enrolled House Bill 3345), + } after being found to be
Enrolled Senate Bill 1 Page 35
within the jurisdiction of the juvenile court for having
committed an act that if committed by an adult would constitute a
sex crime;
(b) The person is not under the supervision of the juvenile
court; and
(c) The Oregon State Police, chief of police or sheriff, in
conjunction with the Department of Corrections, determines that
the person is a predatory sex offender as provided in ORS
181.507.
(2) Notification under subsection (1) of this section may
include any of the following information:
(a) The person's name and address;
(b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(c) The type of vehicle the person is known to drive;
(d) Any conditions or restrictions upon the person's release;
(e) A description of the person's primary and secondary victims
of choice;
(f) A description of the person's method of offense;
(g) A current photograph of the person; and
(h) The name or work telephone number of the person's parole or
probation officer.
**************************** SECTION 63. Section 5, chapter
389, Oregon Laws 1991, as amended by section 4, chapter 147,
Oregon Laws 1993, is amended to read:
{ + Sec. 5. + } (1) No sooner than 10 years after termination
of active supervision on probation, conditional release, parole
or post-prison supervision, a person required to register as
required by ORS 181.518 and 181.519 may file a petition in the
circuit court of the county in which the person resides for an
order relieving the person of the duty to register. The district
attorney of the county shall be named and served as the
respondent in the petition.
(2) The court shall hold a hearing on the petition. In
determining whether to grant the relief requested, the court
shall consider:
(a) The nature of the offense that required registration;
(b) The age and number of victims;
(c) The degree of violence involved in the offense;
(d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
registration;
(e) The period of time during which the petitioner has not
reoffended; and
(f) Any other relevant factors.
(3) If the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to register.
{ + (4) No sooner than 10 years after the termination of
juvenile court wardship of a person required to register under
ORS 181.518 or 181.519, the person may file a petition in the
circuit court for relief from the duty to register as provided in
subsections (1) to (3) of this section. + }
**************************** SECTION 63a. { + If House Bill
3345 becomes law, section 6, chapter ___, Oregon Laws 1995
(Enrolled House Bill 3345) (amending section 5, chapter 389,
Oregon Laws 1991), is repealed and section 5, chapter 389, Oregon
Enrolled Senate Bill 1 Page 36
Laws 1991, as amended by section 63 of this Act, is further
amended to read: + }
{ + Sec. 5. + } (1) No sooner than 10 years after termination
of active supervision on probation, conditional release, parole
or post-prison supervision, a person required to register as
required by ORS 181.518 and 181.519 { + or section 2, chapter
___, Oregon Laws 1995 (Enrolled House Bill 3345), + } may file a
petition in the circuit court of the county in which the person
resides for an order relieving the person of the duty to
register. The district attorney of the county shall be named and
served as the respondent in the petition.
(2) The court shall hold a hearing on the petition. In
determining whether to grant the relief requested, the court
shall consider:
(a) The nature of the offense that required registration;
(b) The age and number of victims;
(c) The degree of violence involved in the offense;
(d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
registration;
(e) The period of time during which the petitioner has not
reoffended; { - and - }
{ + (f) Whether the petitioner has successfully completed a
court-approved sex offender treatment program; and + }
{ - (f) - } { + (g) + } Any other relevant factors.
(3) If the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to register.
(4) No sooner than 10 years after the termination of juvenile
court wardship of a person required to register under ORS 181.518
or 181.519 { + or section 2, chapter ___, Oregon Laws 1995
(Enrolled House Bill 3345) + }, the person may file a petition in
the circuit court for relief from the duty to register as
provided in subsections (1) to (3) of this section.
**************************** SECTION 64. { + Section 8,
chapter 389, Oregon Laws 1991, is repealed. + }
**************************** SECTION 65. 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 { - and 419C.005 - }
.
(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.
Enrolled Senate Bill 1 Page 37
(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
{ - children - } { + 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) 'Division' means the Children's Services Division.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) '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
(c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe.
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(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;
(c) A biological father who marries the mother of the child
after the birth of the child;
(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) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(18) '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 { - and not the
legal residence or domicile of the parent or guardian - } { +
or the jurisdiction in which wardship of the child or youth has
been established + }.
(19) 'Restitution' has the meaning given that term in ORS
137.103.
(20) '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.
(21) 'Substitute care' means an out-of-home placement directly
supervised by the division 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:
Enrolled Senate Bill 1 Page 38
(a) A detention facility, forestry camp or { - training
school - } { + 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
(c) In-home placement subject to conditions or limitations.
(22) '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.
(23) '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.
(24) { + ' 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.
(25) + } ' Youth care center' has the meaning given that term
in ORS 420.855.
{ + (26) '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. + }
**************************** SECTION 66. ORS 419A.200 is
amended to read:
419A.200. (1) Except as provided in ORS 419A.190, any person
{ + or entity, including, but not limited to, a party to a
juvenile court proceeding under ORS 419B.115 (1) or 419C.285
(1), + } whose
{ - right - } { + rights + } or duties are adversely affected
by a final order of the juvenile court may appeal therefrom. An
appeal from a circuit court shall be taken to the Court of
Appeals, and an appeal from a county court shall be taken to the
circuit court.
(2) If the proceeding is in the circuit court and no record of
the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's order, shall grant a
rehearing and shall direct that a record of the proceedings be
kept. However, the court shall not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child affected
by such case. If a rehearing is held, the time for taking an
appeal shall run from the date of entry of the court's order
after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.029, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the clerk of the juvenile court; and
(C) On the juvenile court reporter, if a transcript is
designated in connection with the appeal.
(b) The original of the notice with proof of service shall be
filed with:
(A) The Court of Appeals if the appeal is from a circuit court;
or
(B) The circuit court if the appeal is from a county court.
(c) The notice shall be filed not later than 30 days after the
entry of the court's order. On appeal from the county court, the
circuit court shall hear the matter de novo and its order shall
Enrolled Senate Bill 1 Page 39
be appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
(4)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, if the person was
not represented by counsel in the proceeding from which the
appeal is being taken, the appellate court shall grant the person
leave to file a notice of appeal after the time limits described
in subsection (3) of this section if the person shows a colorable
claim of error in the proceeding from which the appeal is taken.
(b) A person other than the state shall not be entitled to
relief under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to subsection (7) of
this section.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section shall be
filed no later than 90 days after entry of the order being
appealed and shall be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and shall be deemed filed on the date of mailing if
the request is mailed as provided in ORS 19.028.
(d) The court shall not grant relief under this subsection
unless the state has notice and opportunity to respond to the
person's request for relief.
(5) An appeal to the Court of Appeals shall be conducted in the
same manner as an appeal in an equity suit and shall be advanced
on the court's docket in the same manner as appeals in criminal
cases.
(6) Except as provided in subsection (8) of this section or
when otherwise ordered by the appellate court, the filing of an
appeal does not suspend the order of the juvenile court nor
discharge the child from the custody of the person, institution
or agency in whose custody the child may have been placed, nor
preclude the trial court after notice and hearing from entering
such further orders relating to the child's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order appealed from.
Certified copies of any such order shall be filed by the clerk of
the juvenile court forthwith with the Court of Appeals.
(7) { + In addition to the state's right to appeal under
subsection (1) of this section, + } in a juvenile proceeding, the
state may take an appeal from the order of a judge or referee
from:
(a) An order made prior to an adjudicatory hearing dismissing
or setting aside a delinquency petition;
(b) An order made after an adjudicatory hearing in which the
juvenile is found to be within the jurisdiction of the court,
setting aside the petition for delinquency;
(c) An order made prior to an adjudicatory hearing suppressing
or limiting evidence or refusing to suppress or limit evidence;
or
(d) An order made prior to an adjudicatory hearing for the
return or restoration of things seized.
(8) If the state pursuant to subsection (7) of this section
appeals a preadjudicatory order, and the child is in detention in
the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139,
419C.170 and 419C.173, the juvenile court shall consider release
of the child from detention during the pendency of the appeal in
accordance with the following provisions:
(a) When the child is charged with an act which would be murder
if committed by an adult, release shall be denied when the proof
Enrolled Senate Bill 1 Page 40
is evident or the presumption strong that the child committed the
act.
(b) The child shall be released upon the child's personal
recognizance unless release criteria show to the satisfaction of
the juvenile court that the child would not be likely to appear
before the court as ordered upon later appearance dates and that
such a release is therefore unwarranted. Release criteria shall
include the following:
(A) The child's education and employment status and history and
financial condition;
(B) The nature and extent of the child's family relationships;
(C) The child's past and present residences;
(D) Identification of persons who agree to assist the child in
attending court at the proper time;
(E) The nature of the current petition;
(F) The child's juvenile record, if any, and, if the child has
previously been released pending trial, whether the child
appeared as required;
(G) Any facts indicating the possibility of violations of law
if the child is released without restrictions;
(H) Any facts tending to indicate that the child has strong
ties to the community; and
(I) Any other facts tending to indicate the likelihood of the
child's appearing before the court as ordered upon later
appearance dates.
(c) If the court finds that release of the child on the child's
personal recognizance is unwarranted, it shall order conditional
release. The court may impose upon the released child one or more
of the following conditions, but shall impose the least onerous
condition reasonably likely to assure the child's later
appearance:
(A) Release of the child into the care of a parent or other
responsible person or organization for supervising the child and
assisting the child in appearing in court. The supervisor shall
notify the court immediately in the event that the child breaches
the terms of the conditional release.
(B) Reasonable restrictions on the activities, movements,
associations and residences of the child.
(C) Any other reasonable restriction designed to assure the
child's appearance.
(9) If the child, parent or guardian is shown to be without
sufficient financial means to employ suitable counsel possessing
skills and experience commensurate with the nature and complexity
of the case to represent the person in an appeal as provided in
subsections (1) to (8) of this section, the court, upon request
of the person or upon its own motion, shall appoint suitable
counsel to represent the person. Counsel appointed by the court
shall be paid compensation determined by the appellate court as
provided in ORS 135.055 if the circuit court is the appellate
court or as provided in ORS 138.500 if the Court of Appeals or
Supreme Court is the appellate court.
(10) Where the court appoints counsel to represent the child,
it may require the parent, if able, or guardian of the estate, if
the estate is able, to pay compensation for counsel and costs and
expenses necessary to the appeal. The test of the parent's or
estate's ability to pay such compensation, costs and expenses
shall be the same test as applied to appointment of counsel for
defendants under ORS 135.050. The court's order of payment shall
be enforceable in the same manner as an order of support under
ORS 419B.408 and 419C.600.
Enrolled Senate Bill 1 Page 41
(11) Where the court appoints counsel and the child, parent or
guardian is without sufficient financial means to employ counsel,
the compensation for counsel and costs and expenses necessary to
the appeal shall be allowed and paid as provided in ORS 135.055
if the circuit court is the appellate court or as provided in ORS
138.500 if the Court of Appeals or Supreme Court is the appellate
court.
(12) The district attorney or Attorney General shall represent
the state in the appeal.
**************************** SECTION 67. ORS 419A.250 is
amended to read:
419A.250. (1) A child { + or youth + } may be photographed or
fingerprinted by a law enforcement agency:
(a) Pursuant to a search warrant;
(b) According to laws concerning adults if the { - child - }
{ + youth + } has been transferred to criminal court for
prosecution;
{ - (c) If a child is taken into custody for the commission
of an act which if committed by an adult would constitute a
felony or a Class A misdemeanor and the child's photograph or
fingerprints are needed to complete the investigation of a
crime; - }
{ - (d) - } { + (c) + } Upon consent of both the child
{ + or youth + } and the child's { + or youth's + } parent
after advice that they are not required to give such consent;
{ - (e) - } { + (d) + } Upon request or consent of the
child's parent alone if the child is less than 10 years of age,
and if the law enforcement agency delivers the original
photographs or fingerprints to the parent and does not make or
retain any copies thereof; { + or + }
{ - (f) - } { + (e) + } By order of the juvenile court
{ - ; or - }
{ - (g) If a child is taken into custody and a law
enforcement agency has probable cause to believe that the child
is involved in a conspiracy or a conspiratorial relationship with
others to commit acts that if committed by an adult would
constitute a felony or a Class A misdemeanor - } .
(2) { - A child may be photographed or fingerprinted after
the child has been found to be within the jurisdiction of the
juvenile court for an act which if committed by an adult would
constitute a felony or a Class A misdemeanor. - } { + When a
youth is taken into custody under ORS 419C.080, the law
enforcement agency taking the youth into custody shall photograph
and fingerprint the youth. When a youth is found within the
jurisdiction of the juvenile court for the commission of an act
that would constitute a crime if committed by an adult, the court
shall ensure that the youth's fingerprints have been taken. The
law enforcement agency attending upon the court is the agency
responsible for obtaining the fingerprints. The law enforcement
agency attending upon the court may, by agreement, arrange for
another law enforcement agency to obtain the fingerprints on the
attending agency's behalf. + }
(3) Fingerprint and photograph files or records of children
shall be kept separate from those of adults, and fingerprints and
photographs known to be those of a child shall be maintained on a
local basis only and not sent to a central state or federal
depository.
(4) Fingerprint and photograph files or records of a child
Enrolled Senate Bill 1 Page 42
{ - shall be kept separate from the records and files of adults
and - } shall be open to inspection only by, or the contents
disclosed only to, the following:
(a) Public agencies for use in investigation or prosecution of
crimes and of conduct by a child which if committed by an adult
would be an offense, provided that a law enforcement agency may
provide information to another agency only when the information
is pertinent to a specific investigation by that agency;
(b) The juvenile department and the juvenile court having the
child before it in any proceeding;
(c) Caseworkers and counselors taking action or otherwise
responsible for planning and care of the child;
(d) The parties to the proceeding and their counsel; { +
and + }
{ - (e) A criminal court to which jurisdiction of the child
has been transferred; - }
{ - (f) A criminal court for the purpose of a presentence
report or other dispositional proceeding following conviction of
a criminal offense; and - }
{ - (g) - } { + (e) + } The victim or a witness of an act
or behavior described under ORS 419C.005 (1) or the victim's
parent, guardian, personal representative or subrogee, when
necessary to identify the child committing the act or behavior
and identifying the apparent extent of the child's involvement in
the act or behavior.
(5)(a) { - Notwithstanding subsections (3) and (4) of this
section, fingerprint and photograph files or records of children
found to be within the jurisdiction of the juvenile court for an
act which if committed by an adult would constitute one of the
crimes listed in paragraph (b) of this subsection need not be
kept separate from those of adults but may - } { + Fingerprint
and photograph files or records of youths shall + } be sent to a
central state depository in the same manner as fingerprint and
photograph files or records of adults. The fingerprint and
photograph files or records of a { - child - } { + youth + }
sent to a central depository under this subsection shall be open
to inspection in the same manner and under the same circumstances
as fingerprint and photograph files or records of adults.
{ - (b) Paragraph (a) of this subsection applies to the
following crimes: - }
{ - (A) Tampering with a witness under ORS 162.285; - }
{ - (B) Hindering prosecution under ORS 162.325; - }
{ - (C) Aggravated murder under ORS 163.095; - }
{ - (D) Murder under ORS 163.115; - }
{ - (E) Manslaughter in the first degree under ORS
163.118; - }
{ - (F) Manslaughter in the second degree under ORS
163.125; - }
{ - (G) Criminally negligent homicide under ORS 163.145; - }
{ - (H) Assault in the second degree under ORS 163.175; - }
{ - (I) Assault in the first degree under ORS 163.185; - }
{ - (J) Kidnapping in the second degree under ORS
163.225; - }
{ - (K) Kidnapping in the first degree under ORS 163.235; - }
{ - (L) Coercion under ORS 163.275; - }
{ - (M) Rape in the third degree under ORS 163.355; - }
{ - (N) Rape in the second degree under ORS 163.365; - }
{ - (O) Rape in the first degree under ORS 163.375; - }
{ - (P) Sodomy in the third degree under ORS 163.385; - }
Enrolled Senate Bill 1 Page 43
{ - (Q) Sodomy in the second degree under ORS 163.395; - }
{ - (R) Sodomy in the first degree under ORS 163.405; - }
{ - (S) Unlawful sexual penetration in the second degree
under ORS 163.408; - }
{ - (T) Unlawful sexual penetration in the first degree under
ORS 163.411; - }
{ - (U) Sexual abuse in the second degree under ORS
163.425; - }
{ - (V) Sexual abuse in the first degree under ORS
163.427; - }
{ - (W) Burglary in the first degree under ORS 164.225; - }
{ - (X) Arson in the second degree under ORS 164.315; - }
{ - (Y) Arson in the first degree under ORS 164.325; - }
{ - (Z) Criminal mischief in the first degree under ORS
164.365; - }
{ - (AA) Robbery in the third degree under ORS 164.395; - }
{ - (BB) Robbery in the second degree under ORS 164.405; - }
{ - (CC) Robbery in the first degree under ORS 164.415; - }
{ - (DD) Intimidation in the second degree under ORS
166.155; - }
{ - (EE) Intimidation in the first degree under ORS
166.165; - }
{ - (FF) Unlawful possession of machine guns, certain
short-barreled firearms and firearms silencers under ORS
166.272; - }
{ - (GG) Use of a firearm during the commission of a felony
under ORS 166.429; - }
{ - (HH) Promoting prostitution under ORS 167.012; and - }
{ - (II) Compelling prostitution under ORS 167.017. - }
{ - (c) - } { + (b) A party filing a petition alleging that
a youth is within the jurisdiction of the court under ORS
419C.005 shall notify the central state depository of the
following:
(A) The filing of a petition alleging that a youth committed an
act that if committed by an adult would constitute a crime; or
(B) The dismissal of a petition alleging that a youth committed
an act that if committed by an adult would constitute a crime.
(c) The juvenile court shall notify the central state
depository of the disposition of a case in which jurisdiction is
based on ORS 419C.005.
(d) The Department of State Police shall delete the fingerprint
and photograph files or records of a youth from the depository
and destroy the files or records relating to the conduct that
caused the files or records to be sent to the depository:
(A) One year after receiving the files, if the central state
depository has not received notice under paragraph (b) of this
subsection;
(B) No later than one year following receipt of a notice of
dismissal of a petition under paragraph (b)(B) of this
subsection; or
(C) In all other circumstances, + } no later than five years
and 30 days after fingerprint and photograph files or records are
sent to the central state { - registry under paragraph (a) of
this subsection, the Department of State Police shall delete the
files and records from the registry and destroy the files and
records - } { + depository + }.
(6) Fingerprint and photograph files and records of a child
{ + or youth + } shall be destroyed when the juvenile court
orders expunction of a child's { + or youth's + } record
pursuant to ORS 419A.260 and 419A.262.
Enrolled Senate Bill 1 Page 44
{ - (7)(a) Fingerprint and photograph files of a child who is
adjudicated and found not to be within the jurisdiction of the
juvenile court for an act, which if committed by an adult would
constitute a felony or a misdemeanor, shall be destroyed by the
officer charged with the maintenance of those files within 60
days from the date of adjudication. - }
{ - (b) Fingerprint and photograph files of a child who is
not adjudicated and found to be within the jurisdiction of the
juvenile court for an act, which if committed by an adult would
constitute a felony or a misdemeanor, within two years from the
date on which the fingerprints or photograph were obtained, shall
be destroyed by the officer charged with the maintenance of those
files. - }
{ - (8) - } { + (7) + } The parent or guardian of a missing
child may submit a fingerprint card and photograph of the child
to a law enforcement agency at the time a missing person report
is made. The law enforcement agency may submit the fingerprint
file to the Department of State Police Bureau of Criminal
Identification. The information shall be entered into the Law
Enforcement Data System and the Western Identification Network
Automated Fingerprint Identification System.
{ - (9) - } { + (8) + } When fingerprint files or records
are submitted under subsection { - (8) - } { + (7) + } of
this section, the Department of State Police shall enter in a
special index in the computerized criminal history files the name
of the child and the name of the county or agency that submitted
the fingerprint file or record.
{ - (10) - } { + (9) + } Fingerprints and other information
entered in any data system pursuant to subsection { - (8) - }
{ + (7) + } of this section shall be deleted when the child is
located.
**************************** SECTION 68. ORS 419A.255 is
amended to read:
419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
child's { + or youth's + } history and prognosis. The record of
the case shall be withheld from public inspection but shall be
open to inspection by the child { + or youth + }, parent,
guardian, court appointed special advocate, surrogate or a person
allowed to intervene in a proceeding involving the child { + or
youth + } under ORS 109.119 (1), and their attorneys. The
attorneys are entitled to copies of the record of the case.
(2) Reports and other material relating to the child's { + or
youth's + } history and prognosis are privileged and, except at
the request of the child { + or youth + }, shall not be
disclosed directly or indirectly to anyone other than the judge
of the juvenile court, those acting under the judge's direction
and to the attorneys of record for the child { + or youth + } or
the child's { + or youth's + } parent, guardian, court appointed
special advocate, surrogate or person allowed to intervene in a
proceeding involving the child { + or youth + } under ORS
109.119 (1). The attorneys are entitled to examine and obtain
copies of any reports or other material relating to the child's
{ + or youth's + } history and prognosis. Any attorney who
examines or obtains copies of such reports or materials shall be
responsible for preserving their confidentiality and shall return
Enrolled Senate Bill 1 Page 45
the copies to the court upon the conclusion of the attorney's
involvement in the case.
(3) Except as otherwise provided in subsection (6) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child's { + or
youth's + } history or prognosis may be disclosed to any person
not described in subsection (2) of this section without the
consent of the court, except for purposes of evaluating the
child's { + or youth's + } eligibility for special education as
provided in ORS chapter 343, and no such information may be used
in evidence in any proceeding to establish criminal or civil
liability against the child { + or youth + }, whether such
proceeding occurs after the child { + or youth + } has reached
18 years of age or otherwise, except for the following purposes:
(a) In connection with a presentence investigation after the
guilt of the { - child - } { + youth + } has been admitted or
established in a criminal court.
(b) In connection with a proceeding in another juvenile court
concerning the child { + or youth + } or an appeal from the
juvenile court.
(4) If the court finds that the child { + or youth + } or
parent is without financial means to purchase all or a necessary
part of the transcript of the evidence or proceedings, the court
shall order upon motion the transcript or part thereof to be
furnished. The transcript or part thereof furnished under this
subsection shall be paid for in the same manner as furnished
transcripts are paid for in criminal cases.
(5) Notwithstanding any other provision of law, the name
{ + and date of birth + } of the { - juvenile - } { + child
or youth + }, the basis for the juvenile court's jurisdiction
over the { - juvenile - } { + child or youth + }, the date,
time and place of any juvenile court proceeding in which the
{ - juvenile - } { + child or youth + } is involved { + , the
act alleged in the petition that if committed by an adult would
constitute a crime if jurisdiction is based on ORS 419C.005 + }
and that portion of the juvenile court order providing for the
legal disposition of the
{ - juvenile - } { + child or youth + } where jurisdiction is
based on ORS 419B.100 (1)(g) or 419C.005 shall not be
confidential { + and is not exempt from disclosure + }.
(6)(a) Information contained in reports and other materials
relating to a child's { + or youth's + } history and prognosis
that, in the professional judgment of the juvenile counselor,
caseworker, teacher or detention worker to whom the information
for the reports or other materials has been provided, indicates a
clear and immediate danger to another person or to society shall
be disclosed to the appropriate authority and the person or
entity who is in danger from the child { + or youth + }.
(b) An agency or a person who discloses information under
paragraph (a) of this subsection shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed for making the disclosure.
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
**************************** SECTION 69. ORS 419A.260 is
amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
Enrolled Senate Bill 1 Page 46
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction of a judgment or order related
to a contact;
(B) The removal and destruction of all records and all
references; and
(C) Where a record is kept by the Children's Services
Division { + or the Oregon Youth Authority + }, either the
sealing of such record by the division { + or the Oregon Youth
Authority + } { - , - } or { + , + } in a multiperson file, the
affixing to the front of the file, by the division { + or the
youth authority + }, a stamp or statement identifying the name of
the individual, the date of expunction and instruction that no
further reference shall be made to the material that is subject
to the expunction order except upon an order of a court of
competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
(A) A transcript of a student's academic record at MacLaren
School { - for Boys - } or Hillcrest School of Oregon;
(B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
{ - parent-child relationship - } { + parental rights + } and
adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act which { - would
constitute child abuse as defined in ORS 419B.005 and - } if
done by an adult would constitute one of the following offenses:
{ - (i) Criminal mistreatment in the first degree under ORS
163.205; - }
{ - (ii) Rape in the third degree under ORS 163.355; - }
Enrolled Senate Bill 1 Page 47
{ - (iii) Rape in the second degree under ORS 163.365; - }
{ - (iv)Rape in the first degree under ORS 163.375; - }
{ - (v) Sodomy in the third degree under ORS 163.385; - }
{ - (vi) Sodomy in the second degree under ORS 163.395; - }
{ - (vii) Sodomy in the first degree under ORS 163.405; - }
{ - (viii) Unlawful sexual penetration in the second degree
under ORS 163.408; - }
{ - (ix) Unlawful sexual penetration in the first degree
under ORS 163.411; - }
{ - (x) Sexual abuse in the third degree under ORS
163.415; - }
{ - (xi) Sexual abuse in the second degree under ORS
163.425; - }
{ - (xii) Sexual abuse in the first degree under ORS
163.427; - }
{ - (xiii) Promoting prostitution under ORS 167.012; and - }
{ - (xiv) Compelling prostitution under ORS 167.017; - }
{ + (i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017; or
(xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and
criminally negligent homicide; + }
(K) Blood samples, autoradiographs and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
{ - (L) Any records in cases under ORS 419C.005 in which a
juvenile court found a person to be within the jurisdiction of
the court based upon the person's commission of an act which if
done by an adult would constitute one of the following
offenses: - }
{ - (i) Aggravated murder under ORS 163.095; - }
{ - (ii) Murder under ORS 163.115; - }
{ - (iii) Manslaughter in the first degree under ORS
163.118; - }
Enrolled Senate Bill 1 Page 48
{ - (iv) Manslaughter in the second degree under ORS 163.125;
or - }
{ - (v) Criminally negligent homicide under ORS 163.145. - }
{ + (L) Records maintained in the Law Enforcement Data System
under ORS 181.518 and 181.519. + }
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship
{ - under ORS 419A.290 - } .
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or { + to a youth who is within the court's jurisdiction
under + } 419C.005, and to the child's { + or youth's + }
parent, of the procedures for expunction of a record, the right
to counsel under this chapter, and the legal effect of an
expunction order, at the following times:
(a) At any dispositional hearing or at { - any informal
disposition - } { + the time of entering into a formal
accountability agreement + };
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
**************************** SECTION 69a. { + If House Bill
3345 becomes law, section 10, chapter ___, Oregon Laws 1995
(Enrolled House Bill 3345) (amending ORS 419A.260), is
repealed. + }
**************************** SECTION 70. ORS 419B.328 is
amended to read:
419B.328. { + (1) + } A child found to be within the
jurisdiction of the court as provided in ORS 419B.100, may be
made a ward of the court.
{ + (2) The court's wardship over a child found to be within
the jurisdiction of the court as provided in ORS 419B.100
continues, and the child is subject to the court's jurisdiction,
until one of the following occurs:
(a) The court dismisses the petition concerning the child;
(b) The court transfers jurisdiction over the child as provided
in ORS 419B.127, 419B.130 and 419B.132;
(c) The court enters an order terminating the wardship;
(d) A decree of adoption of the child is entered by a court of
competent jurisdiction; or
(e) The child becomes 21 years of age. + }
{ + **************************** NOTE: + } Sections 71 and 72
were deleted by amendment. Subsequent sections were not
renumbered.
**************************** SECTION 73. ORS 419C.005 is
amended to read:
Enrolled Senate Bill 1 Page 49
419C.005. (1) { + Except as otherwise provided in section 49
of this 1995 Act, + } the juvenile court has exclusive original
jurisdiction in any case involving a person who is under 18 years
of age and who has committed an act which is a violation, or
which if done by an adult would constitute a violation, of a law
or ordinance of the United States or a state, county or city.
(2) The provisions of subsection (1) of this section do not
prevent a court of competent jurisdiction from entertaining a
civil action or suit involving a child.
(3) The court shall have no further jurisdiction as provided in
subsection (1) of this section after a minor has been emancipated
pursuant to ORS 419B.550 to 419B.558.
{ + (4) The court's wardship over a person found to be within
the court's jurisdiction under this section or section 82 of this
1995 Act continues, and the person is subject to the court's
jurisdiction, until one of the following occurs:
(a) The court dismisses a petition filed under this chapter or
waives the case under ORS 419C.340. If wardship is based on a
previous adjudication, then dismissal or waiver of a later case
does not terminate wardship under the previous case unless the
court so orders.
(b) The court transfers jurisdiction of the case as provided in
ORS 419C.053, 419C.056 and 419C.059.
(c) The court enters an order terminating wardship.
(d) The person becomes 25 years of age. + }
**************************** SECTION 73a. ORS 419C.013 is
amended to read:
419C.013. (1) A juvenile proceeding { + based on allegations
of jurisdiction under ORS 419C.005 + } shall commence in
{ + either + } the county where the { - child - } { +
youth + } resides { + or the county in which the alleged act was
committed + }.
{ - (2) If the proceeding is based on allegations of
jurisdiction under ORS 419C.005, the proceeding may also commence
in the county in which the alleged act or behavior took
place. - }
{ - (3) - } { + (2) + } Notwithstanding the provisions of
ORS 34.320, an application for a writ of habeas corpus brought by
or on behalf of a person who has been committed or placed in a
{ - juvenile training school - } { + youth correction
facility + } which attacks the validity of the order of
commitment shall be brought in the county in which the court that
entered the order of commitment is located.
**************************** SECTION 73b. ORS 419C.050 is
amended to read:
419C.050. { + Except as otherwise provided in section 49 of
this 1995 Act, + } if during the pendency of a proceeding
{ + involving an allegation of a crime + }in any court other
than a juvenile court it is ascertained that the age of the
person who is the subject of the proceeding is such that the
matter is within the exclusive jurisdiction of the juvenile
court, it is the duty of the court in which the proceeding is
pending forthwith to transfer the proceeding, together with all
the papers, documents and testimony connected therewith, to the
juvenile court of the county in which the proceeding is pending.
**************************** SECTION 73c. ORS 419C.053 is
amended to read:
419C.053. (1) If a proceeding is initiated in a court of a
county other than the county in which the { - child - } { +
youth + } resides, that court, on its own motion or on the motion
Enrolled Senate Bill 1 Page 50
of a party made at any time prior to disposition, { - shall - }
{ + may + } transfer the proceeding to the court of the county
of the { - child's - } { + youth's + } residence for such
further proceeding as the receiving court finds proper. A like
transfer may be made if the residence of the { - child - }
{ + youth + } changes during the proceeding, or if the
{ - child - } { + youth + } has been adjudicated within the
jurisdiction of the court where the proceeding is initiated on
grounds specified in ORS 419C.005 (1), and other proceedings
involving the { - child - } { + youth + } are pending in the
county of the { - child's - } { + youth's + } residence.
Certified copies of the court records pertaining to the immediate
proceeding shall accompany the case on transfer.
(2) Notwithstanding subsection (1) of this section, if a
{ - child - } { + youth + } has no ascertainable residence in
any county in this state, the court of the county wherein a
proceeding is initiated may adjudicate any petition under ORS
419C.005 (1).
**************************** SECTION 73d. ORS 419C.109 is
amended to read:
419C.109. { - This section establishes the authority and
procedures that apply to a person designated by a court to effect
disposition of a child taken into protective custody or brought
before the court under ORS 419C.097, 419C.100, 419C.103 and
419C.106. The person shall comply with the following: - }
(1) { + The court may designate a person to effect disposition
of a youth taken into custody or brought before the court under
ORS 419C.097, 419C.100, 419C.103 and 419C.106. If the
requirements of ORS 419C.145 (3) are met, + } the person may do
any of the following when the person has taken custody of a
{ - child - } { + youth + } or has authority to effect
disposition of a { - child - } { + youth + } taken into
custody:
(a) Release the { - child - } { + youth + } to the custody
of a parent, guardian or other responsible person.
(b) Release the { - child - } { + youth + } on the
{ - child's - } { + youth's + } own recognizance when
appropriate.
(c) Upon a finding that release of the { - child - } { +
youth + } on the
{ - child's - } { + youth's + } own recognizance is
unwarranted, or upon order of the court or if probable cause
exists to believe the { - child - } { + youth + } may be
detained under ORS 419C.145, 419C.150, 419C.153, 419C.156,
419C.159 or 419C.453, place the { - child - } { + youth + }
on conditional release.
(d) Subject to ORS 419A.059, 419A.061, 419C.130 and 419C.133,
place the { - child - } { + youth + } in shelter care or
detention. The { - child - } { + youth + } shall be placed in
shelter care rather than detention, unless the person has
probable cause to believe that the court will be able to detain
the { - child - } { + youth + } under ORS 419C.145, 419C.150,
419C.153, 419C.156, 419C.159 or 419C.453.
(e) Pursuant to order of the court made subsequent to the
filing of a petition, hold, retain or place the { - child - }
{ + youth + } in detention or shelter care subject to further
order.
(f) Exercise authority to detain the { - child - } { +
youth + } as provided in ORS 419C.136.
Enrolled Senate Bill 1 Page 51
(2) If the { - child - } { + youth + } is released under
subsection (1) of this section, the person releasing the
{ - child shall - } { + youth may issue a summons to the youth
requiring the youth to appear before the court. The summons must
include the date, time and location for the youth to appear
before the court. The person releasing the youth shall + } inform
the juvenile court, which may review the release as provided in
ORS 419C.153. { + If the youth fails to appear on the date and
time required by the summons, the court may issue a warrant for
the arrest of the youth. + }
**************************** SECTION 73e. ORS 419C.136 is
amended to read:
419C.136. If a parent, guardian or other person responsible for
the { - child - } { + youth + } cannot be found or will not
take responsibility for the { - child - } { + youth + }, no
appropriate shelter care space is available and the
{ - child - } { + youth + } cannot be released safely on
recognizance or conditionally, a { - child - } { + youth + }
who is accused of an act which would be a crime if committed by
an adult may be detained for a period of time not exceeding
{ - 24 - } { + 36 + } hours from the time the { - child - }
{ + youth + } first is taken into custody to allow the juvenile
department counselor or other person designated by the juvenile
court to develop a release plan to insure the { - child's - }
{ + youth's + } safety and appearance in court. Such detention
shall conform to the limitations of ORS 419C.130.
**************************** SECTION 73f. ORS 419C.139 is
amended to read:
419C.139. No { - child - } { + youth + } shall be held in
detention or shelter care more than { - 24 - } { + 36 + }
hours, excluding Saturdays, Sundays and judicial holidays, except
on order of the court made pursuant to a hearing under ORS
419C.145, 419C.150, 419C.153, 419C.156 and 419C.159.
**************************** SECTION 73g. ORS 419C.145 is
amended to read:
419C.145. (1) { - No child - } { + A youth + } may be held
or placed in detention before adjudication on the merits
{ - unless - } { + if + } one or more of the following
circumstances exists:
(a) The { - child - } { + youth + } is a fugitive from
another jurisdiction;
(b) The { - child - } { + youth + } is alleged to be within
the jurisdiction of the court { - by reason of - } { +
under + } ORS 419C.005, by having committed or attempted to
commit an offense which, if committed by an adult, would be
chargeable as:
(A) A crime involving infliction of physical injury to another
person; { + or + }
(B) Any felony crime { - against persons or property; or - }
{ - (C) Criminal manufacture or delivery of a controlled
substance - } ;
(c) The { - child - } { + youth + } has willfully failed to
appear at one or more juvenile court proceedings by having
disobeyed a proper summons, citation or subpoena;
(d) The { - child - } { + youth + } is currently on
probation imposed as a consequence of the { - child - } { +
youth + } previously having been found to be within the
jurisdiction of the court under ORS 419C.005, and there is
probable cause to believe the { - child - } { + youth + } has
Enrolled Senate Bill 1 Page 52
violated one or more of the conditions of that probation;
{ - or - }
(e) The { - child - } { + youth + } is subject to
conditions of release pending or following adjudication of a
petition alleging that the
{ - child - } { + youth + } is within the jurisdiction of the
court pursuant to ORS 419C.005 and there is probable cause to
believe the { - child - } { + youth + } has violated a
condition of release { + ; or + }
{ + (f) The youth is alleged to be in possession of a firearm
in violation of ORS 166.250 + }.
(2) { - Upon exercise of the authority of a person authorized
by a court to effect disposition of a child taken into temporary
custody or brought before the court under ORS 419C.097, 419C.100,
419C.103 and 419C.106 or at the detention hearing held pursuant
to ORS 419C.170 and 419C.173, the child - } { + A youth
detained under subsection (1) of this section + } must be
released to the custody of a parent or other responsible person,
released upon the { - child's - } { + youth's + } own
recognizance or placed in shelter care unless the court or its
authorized representative finds that there is probable cause to
believe that the { - child - } { + youth + } may be detained
under subsection (1) of this section, and that one or more of the
following circumstances are present:
(a) No means less restrictive of the { - child's - } { +
youth's + } liberty gives reasonable assurance that the
{ - child - } { + youth + } will attend the adjudicative
hearing; or
(b) The { - child's - } { + youth's + } behavior endangers
the physical welfare of the { - child - } { + youth + } or
another person, or endangers the community { + . + }
{ - and: - }
{ - (A) The juvenile has committed or is alleged to have
committed an act which if committed by an adult would constitute
a felony or a violation of ORS 163.160; and - }
{ - (B) The juvenile court or its authorized representative
has reasonable cause to believe that other available preventive
measures, including but not limited to increased security and
monitoring of the child's behavior, have been tried, or if tried,
would not adequately assure that the child would conform the
child's conduct to conditions imposed by the court or its
authorized representative to protect the best interests of the
child or the community. - }
{ - (3) Notwithstanding subsection (2) of this section, if a
child is subject to detention under subsection (1)(d) of this
section, the child may be placed in detention if the juvenile
court or its authorized representative has reasonable cause to
believe that other available preventive measures including but
not limited to additional conditions of probation, increased
security and monitoring of the child's behavior, community
service and alternative community placement have been tried, or
if tried, would not adequately assure that the child would
conform the child's conduct, pending the probation violation
hearing, to conditions imposed by the court to protect the best
interests of the child or the community. - }
{ - (4) In determining whether detention is appropriate under
subsections (2) and (3) of this section, the court or its
authorized representative shall consider the following: - }
Enrolled Senate Bill 1 Page 53
{ - (a) The nature and extent of the child's family
relationships and the child's relationships with other
responsible adults in the community; - }
{ - (b) The child's previous record of adjudicated juvenile
court proceedings and recent demonstrable conduct; - }
{ - (c) The child's past and present residence; - }
{ - (d) The child's school education status and school
attendance record; - }
{ - (e) The child's past and present employment; - }
{ - (f) The child's previous record regarding appearance in
court; - }
{ - (g) The nature of the charges against the child and any
mitigating or aggravating factors; and - }
{ - (h) Any other facts relevant to the likelihood of the
child's appearance in court or likelihood that the child will
comply with the law and other conditions of release. - }
{ - (5) - } { + (3) + } When a child is ordered held or
placed in detention, the court or its authorized representative
shall state in writing the basis for its detention decision and a
finding that it is contrary to the welfare of the child and
community for the child to be released to the custody of the
child's parent or some other responsible adult. The child shall
have the opportunity to rebut evidence received by the court and
to present evidence at the hearing.
{ + (4) In determining whether release is appropriate under
subsection (2) of this section, the court or its authorized
representative shall consider the following:
(a) The nature and extent of the youth's family relationships
and the youth's relationships with other responsible adults in
the community;
(b) The youth's previous record of referrals to juvenile court
and recent demonstrable conduct;
(c) The youth's past and present residence;
(d) The youth's education status and school attendance record;
(e) The youth's past and present employment;
(f) The youth's previous record regarding appearance in court;
(g) The nature of the charges against the youth and any
mitigating or aggravating factors; and
(h) Any other facts relevant to the likelihood of the youth's
appearance in court or likelihood that the youth will comply with
the law and other conditions of release. + }
**************************** SECTION 73h. ORS 419C.170 is
amended to read:
419C.170. No { - child - } { + youth + } shall be held in
shelter care more than { - 24 - } { + 36 + } hours, excluding
Saturdays, Sundays and judicial holidays, except on order of the
court made pursuant to a hearing under ORS 419C.145, 419C.150,
419C.153 and 419C.156.
**************************** SECTION 74. ORS 419C.230 is
amended to read:
419C.230. { + (1) + } { - An informal disposition - }
{ + A formal accountability + } agreement may be entered into
when a { - child - } { + youth + } has been referred to a
county juvenile department, and a juvenile department counselor
has probable cause to believe that the
{ - child - } { + youth + } may be found to be within the
jurisdiction of the juvenile court for one or more acts specified
in ORS 419C.005.
Enrolled Senate Bill 1 Page 54
{ + (2) Notwithstanding subsection (1) of this section,
unless authorized by the district attorney, a formal
accountability agreement may not be entered into when the youth:
(a) Is alleged to have committed an act that if committed by an
adult would constitute:
(A) A felony sex offense under ORS 163.355, 163.365, 163.375,
163.385, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427;
or
(B) An offense involving the use or possession of a firearm; or
(b) Is being referred to the county juvenile department for a
second or subsequent time for commission of an act that if
committed by an adult would constitute a felony. + }
**************************** SECTION 75. { + (1) The board of
county commissioners of a county shall convene a local 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 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.
(2) The local 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 shall, at a minimum:
(a) Develop and recommend to the county board of commissioners
the plan for use of state resources to serve the local youth
offender population;
(b) Coordinate local juvenile justice policy among affected
juvenile justice entities; and
(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 76. ORS 419C.239 is
amended to read:
419C.239. { + (1) + } { - An informal disposition - }
{ + A formal accountability + } agreement shall:
{ - (1) - } { + (a) + } Be completed within a period of
time not to exceed six months;
Enrolled Senate Bill 1 Page 55
{ - (2) - } { + (b) + } Be voluntarily entered into by all
parties;
{ - (3) - } { + (c) + } Be revocable by the { - child - }
{ + youth + } at any time by a written revocation;
{ - (4) - } { + (d) + } Be revocable by the juvenile
department in the event the department has reasonable cause to
believe the { - child - } { + youth + } has failed to carry
out the terms of the { - informal disposition - } { + formal
accountability + } agreement or has committed a subsequent
offense;
{ - (5) - } { + (e) + } Not be used as evidence against the
{ - child - } { + youth + } at any adjudicatory hearing;
{ - (6) Not require admission of guilt or be used as evidence
of guilt; - }
{ - (7) - } { + (f) + } Be executed in writing and
expressed in language understandable to the persons involved;
{ - (8) - } { + (g) + } Be signed by the juvenile
department, the { - child - } { + youth + }, the
{ - child's - } { + youth's + } parent or parents or legal
guardian, and the { - child's - } { + youth's + } counsel, if
any;
{ - (9) - } { + (h) + } Become part of the
{ - child's - } { + youth's + } juvenile department record;
and
{ - (10) - } { + (i) + } When the { - child - } { +
youth + } has been charged with having committed the
{ - child's - } { + youth's + } first violation of a provision
under ORS 475.992 prohibiting delivery for no consideration of
less than five grams of marijuana or prohibiting possession of
less than one ounce of marijuana and unless the juvenile
department determines that it would be inappropriate in the
particular case:
{ - (a) - } { + (A) + } Require the { - child - } { +
youth + } to participate in a diagnostic assessment and an
information or treatment program as recommended by the
assessment. The agencies or organizations providing assessment or
programs of information or treatment must be the same as those
designated by the court under ORS 419C.443 (1) and must meet the
standards set by the Assistant Director for Alcohol and Drug
Abuse Programs. The parent of the { - child - } { + youth + }
shall pay the cost of the { - child's - } { + youth's + }
participation in the program based upon the ability of the parent
to pay. If the program finds the parent is indigent, as defined
by the rules of the Assistant Director for Alcohol and Drug Abuse
Programs, reimbursement of program expenses can be made at rates
established by rule of the Assistant Director for Alcohol and
Drug Abuse Programs, and subject to the availability, from the
moneys transferred to the Department of Human Resources under ORS
137.303 for use by alcohol and drug abuse programs.
{ - (b) - } { + (B) + } Monitor the { - child's - } { +
youth's + } progress in the program which shall be the
responsibility of the diagnostic assessment agency or
organization. It shall make a report to the juvenile department
stating the { - child's - } { + youth's + } successful
completion or failure to complete all or any part of the program
specified by the diagnostic assessment. The form of the report
shall be determined by agreement between the juvenile department
and the diagnostic assessment agency or organization. The
juvenile department shall make the report a part of the record of
the case.
Enrolled Senate Bill 1 Page 56
{ + (2) Notwithstanding any other provision of law, the
following information contained in a formal accountability
agreement under ORS 419C.230 is not confidential and is not
exempt from disclosure:
(a) The name and date of birth of the youth;
(b) The act alleged; and
(c) The portion of the agreement providing for the disposition
of the youth. + }
**************************** SECTION 77. ORS 419C.250 is
amended to read:
419C.250. (1) The state, acting through the district attorney,
Attorney General or { + , when authorized by the district
attorney, the + } juvenile department counselor { - , - } may
file a petition alleging that a child is within the jurisdiction
of the court as provided in ORS 419C.005.
(2) At any time after a petition is filed, the court may make
an order providing for the temporary custody of the child.
(3) { - The court may dismiss the petition at any stage of
the proceedings. - }
{ - (4) - } The petition and all subsequent court documents
in the proceeding shall be entitled, 'In the Matter of _______, a
child. ' The petition shall be in writing and verified upon the
information and belief of the petitioner.
**************************** SECTION 77a. ORS 419C.261 is
amended to read:
419C.261. { + (1) + } The court, on motion of an interested
party or on its own motion, may at any time direct that the
petition be amended. If the amendment results in a substantial
departure from the facts originally alleged, the court shall
grant such continuance as the interests of justice may require.
{ + (2) The court may set aside or dismiss a petition filed
under ORS 419C.005 in furtherance of justice after considering
the circumstances of the youth and the interests of the state in
the adjudication of the petition. + }
**************************** SECTION 78. ORS 419C.352 is
amended to read:
419C.352. { - A person under 16 years of age shall not be
waived for disposition as an adult under ORS 419C.349 unless the
child is represented by counsel during the waiver proceedings
and - } { + The juvenile court, after a hearing, except as
provided in ORS 419C.364 or 419C.370, may waive a youth under 15
years of age at the time the act was committed to circuit court
for prosecution as an adult if:
(1) The youth is represented by counsel during the waiver
proceedings;
(2) The juvenile court makes the findings required under ORS
419C.349 (3) and (4); and
(3) The youth + } is alleged to have committed an act or acts
that if committed by an adult would constitute one or more of the
following crimes:
{ - (1) - } { + (a) + } Murder or any aggravated form
thereof under ORS 163.095 or 163.115 { - , or an attempt to
commit murder or aggravated murder - } ;
{ - (2) Manslaughter in the first degree under ORS
163.118; - }
{ - (3) Assault in the first degree under ORS 163.185; - }
{ - (4) - } { + (b) + } Rape in the first degree under ORS
163.375 (1)(a);
{ - (5) - } { + (c) + } Sodomy in the first degree under
ORS 163.405 (1)(a); or
Enrolled Senate Bill 1 Page 57
{ + (d) Unlawful sexual penetration in the first degree under
ORS 163.411 (1)(a). + }
{ - (6) Robbery in the first degree under ORS 164.415. - }
**************************** SECTION 79. ORS 419C.374 is
amended to read:
419C.374. (1) A petition relating to boating or game offenses
shall be filed as provided in ORS 419C.250, 419C.255 and
419C.258. Motor vehicle offenses are subject to ORS 809.370.
(2) Summons as provided in ORS 419C.300 shall be issued to the
parent or other person having physical custody of the
{ - child - } { + youth + }, requiring the parent or other
person to appear with the
{ - child - } { + youth + } before the court at the time and
place stated in the summons.
(3) The summons may be served as provided in ORS 419C.309,
419C.312 and 419C.315 or by mailing a copy thereof to the parent
or other person having physical custody of the { - child - }
{ + youth + }. If the summons is served personally, a warrant
may be issued as provided in ORS 419C.320.
(4) A hearing shall be held as provided in ORS 419C.142,
419C.280 and 419C.400. At the termination of the hearing, if the
court finds the matters alleged in the petition to be true, it
may enter an order finding the { - child - } { + youth + } to
be a { - juvenile - } :
(a) { + Youth + } motor vehicle offender and dispose of the
case as provided in ORS 809.370; or
(b) { + Youth + } boating law offender or a game law offender
and may dispose of the case as provided in subsection (5) of this
section.
(5) In a proceeding under this chapter, the juvenile court may
suspend a hunting or fishing license or permit where a game
violation is involved and may make such other recommendations
where a boating violation is involved.
**************************** SECTION 80. ORS 419C.411 is
amended to read:
419C.411. { + (1) + } At the termination of the hearing or
hearings in the proceeding { + or after entry of an order under
section 82 of this 1995 Act + }, the court shall enter an
appropriate order directing the disposition to be made of the
case.
{ + (2) In determining the disposition of the case, the court
shall consider each of the following:
(a) The gravity of the loss, damage or injury caused or
attempted during, or as part of, the conduct that is the basis
for jurisdiction under ORS 419C.005;
(b) Whether the manner in which the youth engaged in the
conduct was aggressive, violent, premeditated or willful;
(c) Whether the youth was held in detention under ORS 419C.145
and, if so, the reasons for the detention;
(d) The immediate and future protection required by the victim,
the victim's family and the community; and
(e) The youth's juvenile court record and response to the
requirements and conditions imposed by previous juvenile court
orders.
(3) In addition to the factors listed in subsection (2) of this
section, the court may consider the following:
(a) Whether the youth has made any efforts toward reform or
rehabilitation or making restitution;
(b) The youth's educational status and school attendance
record;
Enrolled Senate Bill 1 Page 58
(c) The youth's past and present employment;
(d) The disposition proposed by the youth;
(e) The recommendations of the district attorney and the
juvenile court counselor and the statements of the victim and the
victim's family;
(f) The youth's mental, emotional and physical health and the
results of the mental health or substance abuse treatment; and
(g) Any other relevant factors or circumstances raised by the
parties.
(4) The court's consideration of matters under this section may
be addressed on appeal only if raised by a party at a
dispositional hearing or by a motion to modify or set aside under
ORS 419C.610. + }
**************************** SECTION 81. { + Section 82 of
this Act is added to and made a part of ORS chapter 419C. + }
**************************** SECTION 82. { + When a case is
transferred to the juvenile court under section 49 of this 1995
Act, the juvenile court shall enter an order finding the youth
within the jurisdiction of the court under ORS 419C.005 based on
the verdict in the criminal court. The juvenile court's order has
the same effect as an adjudication under ORS 419C.400. + }
**************************** SECTION 83. ORS 419C.450 is
amended to read:
419C.450. (1) It is the policy of the State of Oregon to
encourage and promote the payment of restitution and other
obligations by { - juvenile - } { + youth + } offenders as
well as by adult offenders. In any case within the jurisdiction
of the juvenile court pursuant to ORS 419C.005 in which the
{ - child - } { + youth offender + } caused another person any
physical injury or any loss of or damage to property, the court
shall consider restitution to the victim to be of high priority.
There shall be a rebuttable presumption that the obligation to
make such restitution is in the best interest of the
{ - child - } { + youth offender + } as well as of the victim
and society.
(2) Restitution for physical injury inflicted upon a person by
the { - child - } { + youth offender + } and for property
taken, damaged or destroyed by the { - child - } { + youth
offender + } may be required as a condition of probation.
Restitution does not limit or impair the right of a victim to sue
in a civil action for damages suffered, nor shall the fact of
consultation by the victim be admissible in such civil action to
prove consent or agreement by the victim. However, the court
shall credit any restitution paid by the
{ - child - } { + youth offender + } to a victim against any
judgment in favor of the victim in such civil action. Before
setting the amount of such restitution, the court shall notify
the person upon whom the physical injury was inflicted or the
owner of the property taken, damaged or destroyed and give such
person an opportunity to be heard on the issue of restitution.
(3) If the { - child - } { + youth offender + } has been
placed in custody of the { - Children's Services Division - }
{ + Oregon Youth Authority + } on probation or for placement at
a { - juvenile training school - } { + youth correction
facility + }, the court may order that the { - child - }
{ + youth offender + } pay restitution, as provided in this
section, and any assessment under ORS 137.290. In determining
whether or not to order restitution or payment of an assessment
under ORS 137.290 and, if so, the conditions of payment, the
court shall take into consideration the availability to the
Enrolled Senate Bill 1 Page 59
{ - child - } { + youth offender + } of paid employment during
such time as the { - child - } { + youth offender + } may be
committed to a { - juvenile training school - } { + youth
correction facility + }.
(4) In determining whether or not to order restitution or an
assessment under ORS 137.290, the court shall take into account:
(a) The financial resources of the { - child - } { + youth
offender + } and the burden that payment of restitution will
impose, with due regard to the other obligations of the
{ - child - } { + youth offender + };
(b) The present and future ability of the { - child - } { +
youth offender + } to pay restitution on an installment basis or
on other conditions to be fixed by the court; and
(c) The rehabilitative effect on the { - child - } { +
youth offender + } of the payment of restitution and the method
of payment.
(5) Notwithstanding ORS 419C.501 and 419C.504, when the court
has ordered a { - child - } { + youth offender + } to pay
restitution, as provided in this section, the judgment may be
docketed and, if so, shall have the same effect as a judgment in
a civil action, as provided in ORS 18.320, 18.350, 18.360 and
18.400. The judgment is in favor of the state and may be enforced
only by the state. Notwithstanding ORS 419A.255, a judgment for
restitution docketed under this subsection is a public record.
The requirements of ORS 137.071 (9) apply to a judgment under
this subsection.
**************************** SECTION 84. ORS 419C.470 is
amended to read:
419C.470. The { - Children's Services Division - } { +
Oregon Youth Authority + } and county juvenile departments,
respectively, and to the extent practicable, shall create
opportunities for { - juvenile - } { + youth + } offenders
placed in the legal custody of the { - division - } { + youth
authority + } or under the supervision of a county juvenile
department to pay restitution as ordered by the court and the
assessment under ORS 137.290, and to perform any community
service ordered by the court, as well as to fulfill any other
obligation imposed by the court.
**************************** SECTION 85. ORS 419C.501 is
amended to read:
419C.501. The duration of any disposition made pursuant to this
chapter shall be fixed by the court and may be for an indefinite
period. Any placement in the legal custody of the Children's
Services Division { + or the Oregon Youth Authority under ORS
419C.478 + }shall be for an indefinite period. However, in cases
under ORS 419C.005, the period of any disposition made pursuant
to this chapter shall not exceed the maximum period of
institutionalization or commitment authorized if the act had been
committed by an adult. The period of any disposition shall not
extend beyond the date on which the { - child - } { + youth
offender + } becomes
{ - 21 - } { + 25 + } years of age.
**************************** SECTION 86. ORS 419C.504 is
amended to read:
419C.504. In any case under ORS 419C.005 the court,
notwithstanding ORS 419C.501, may place the { - child - } { +
youth offender + } on probation to the court for a period not to
exceed five years. However, the period of probation shall not
extend beyond the date on which the { - child - } { + youth
offender + } becomes { - 21 - } { + 23 + } years of age.
Enrolled Senate Bill 1 Page 60
**************************** SECTION 87. ORS 419C.575 is
amended to read:
419C.575. If the court finds that the parent's or guardian's
addiction to or habitual use of alcohol or controlled substances
has significantly contributed to the circumstances bringing the
{ - child - } { + youth + } within the jurisdiction of the
court in a proceeding under ORS 419C.005, the court may conduct a
special hearing to determine if the court should order the parent
or guardian to participate in treatment and pay the costs
thereof. Notice of this hearing shall be by special petition and
summons to be filed by the court and served upon the parent or
guardian. The court shall appoint counsel to represent the parent
or guardian if the parent or guardian is eligible under ORS
135.050. If, at this hearing, the court finds it is in the best
interest of the { - juvenile - } { + youth + } for the parent
or guardian to be directly involved in treatment, the judge may
order the parent or guardian to participate in treatment. The
dispositional order shall be in writing and shall contain
appropriate findings of fact and conclusions of law. The judge
shall state with particularity, both orally and in the written
order of the disposition, the precise terms of the disposition.
**************************** SECTION 88. 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) 'Assistant director' means the Assistant Director for
Children's Services. - }
{ - (2) 'Division' means the Children's Services
Division. - }
{ - (3) 'Juvenile training schools' means the Hillcrest
School of Oregon, the MacLaren School for Boys and any other
school established by law for similar purposes, and includes the
other camps and programs maintained under this chapter. - }
{ - (4) 'Student' means any person committed to a juvenile
training school, including persons confined to a state hospital
by virtue of a transfer from a juvenile training school, and any
person who is on parole from a juvenile training school. - }
{ + (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 sentenced to the custody of the youth
authority and includes training schools, accountability camps,
restitution centers, regional residential academies and
satellites, camps or branches of those facilities.
(5) 'Youth offender' has the meaning given that term in ORS
419A.004. + }
**************************** SECTION 89. ORS 420.011 is amended
to read:
420.011. (1) Except as provided in subsections (2) and (3) of
this section, admissions to the { - juvenile training
schools - } { + 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
{ - by reason of a ground set forth in ORS 419C.495 - } { +
for committing an act that if committed by an adult would
Enrolled Senate Bill 1 Page 61
constitute aggravated murder, murder, a felony or a Class A
misdemeanor + } and placed in the legal custody of the
{ - Children's Services Division - } { + Oregon Youth
Authority + }. No { - child - } { + youth + } under the age
of 12 years may be admitted to, received by or cared for in a
{ - juvenile training school - } { + youth correction
facility + }. No { - child - } { + youth + } admitted to a
{ - juvenile training school - } { + youth correction
facility + } shall be transferred by administrative process to
any penal or correctional institution.
(2) In addition to the persons placed in the legal custody of
the { - Children's Services Division under ORS 419B.337 (1),
419C.478 (1) or 419C.481 and with the concurrence of the
assistant Director or designee, persons under the age of 21 years
who are committed to the custody of the Department of Corrections
under ORS 137.124 may be temporarily assigned to a juvenile
training school by the Department of Corrections. A person
assigned on such a temporary basis remains within the legal
custody of the Department of Corrections under ORS 137.124 and
such assignment shall be subject to termination by the Assistant
director for Children's Services by referring such youths back to
the Department of Corrections - } { + 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 (4) may be temporarily assigned to a youth correction
facility as provided by ORS 137.124 (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 (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 { - juvenile training
school - } { + 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 { - (4) - } { +
(5) + }. The { - Children's Services Division - } { +
director + } shall designate the appropriate { - juvenile
training school - } { + youth correction facility + } or
schools for such assignment. A person assigned to a
{ - juvenile training school - } { + youth correction
facility + } under ORS 137.124 { - (4) - } { + (5) + } and
Enrolled Senate Bill 1 Page 62
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
{ - juvenile training school shall be - } { + youth correction
facility is + } subject, when the person is 16 years of age or
older, to termination by the { - Assistant - } director
{ - for Children's Services - } 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 { - juvenile training
school - } { + youth correction facility + } pursuant to ORS
137.124 { - (4) - } { + (5) + } and this subsection, if not
terminated earlier by the { - Assistant - } director { - for
Children's Services - } , shall terminate upon the person's
attaining the age { - of 21 years - } { + specified in
section 2 (4) of this 1995 Act 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
{ - juvenile training school - } { + youth correction
facility + } pursuant to this section, the { - Children's
Services Division - } { + 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
{ - training school - } { + youth correction facility + }, as
the
{ - Children's Services Division shall determine - } { +
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 89a. On July 1, 1996, ORS
420.011 as amended by section 89 of this Act is further 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 + } (4) may be
temporarily assigned to a youth correction facility as provided
by ORS 137.124 { + (1)(b) or + } (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.
Enrolled Senate Bill 1 Page 63
(b) After a person is transferred to the physical custody of
the youth authority under ORS 137.124 { + (1)(b) or + } (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 (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 (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 (5) and this subsection, if not
terminated earlier by the director, shall terminate upon the
person's attaining the age specified in section 2 (4) of this
1995 Act 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 90. ORS 420.014 is amended
to read:
420.014. (1) The total population of { - children - }
{ + youth offenders + } confined in the { - juvenile training
schools, as defined in ORS 420.005, for calendar year 1993 shall
not exceed 513 - } { + youth correction facilities may not
exceed the design capacity of the facilities designated for close
custody purposes by the Director of the Oregon Youth
Authority + }. The total population limit shall
{ - not - } include offenders in the { - juvenile training
schools - } { + youth correction facility + } who were
{ - remanded - } { + waived + } by the juvenile court to be
prosecuted as adults { + or who were prosecuted as adults under
Enrolled Senate Bill 1 Page 64
section 49 of this 1995 Act + }. { - The total limit shall be
indexed to increase or decrease based on the change in the
general population of persons under 18 years of age, with the
base number of 513 on January 1, 1993. Thereafter, the total
limit shall be revised on January 1 of each year. - }
(2) The { - Assistant - } director { - for Children's
Services - } by rule shall determine reasonable standards for
care and treatment of { - juvenile - } { + youth + }
offenders housed in { - juvenile training schools - } { +
youth correction facilities + }. Within the total limit
established under subsection (1) of this section, the
{ - assistant - } Director { + of the Oregon Youth
Authority + } shall establish and impose a maximum allowable
population level for each { - juvenile training school - }
{ + youth correction facility + }. The maximum allowable
population shall not exceed the design capacity for the
{ - school - } { + facility + } and shall be further limited
by the ability of the facility to meet the standard of care and
treatment established by rule under this subsection, protect
communities, hold { - juvenile - } { + youth + } offenders
accountable for their behavior and improve the competency of
{ - students - } { + youth offenders + } to become responsible
and productive members of their communities.
(3) The { - Assistant - } director { - for Children's
Services - } by rule shall establish criteria upon which the
decision to place a
{ - child - } { + youth + } in a { - juvenile training
school - } { + youth correction facility + } must be based, and
which, in turn, shall be based upon behaviors and characteristics
of { - children - } { + youths + } otherwise eligible for
commitment to a { - training school - } { + youth correction
facility + }.
(4) After conferring with the juvenile court judges and the
State Commission on Children and Families, the
{ - Assistant - } director { - for Children's Services - }
shall develop and implement by rule, a method of controlling
admissions to the { - juvenile training schools - } { + youth
correction facilities + } so as not to exceed maximum levels
determined under subsections (1) and (2) of this section.
**************************** SECTION 91. ORS 420.017 is amended
to read:
420.017. (1) The { - Children's Services Division or the
State Office for Services to Children and Families - } { +
Oregon Youth Authority + } shall develop annually a plan for
diversion of delinquent youth from commitment to the
{ - juvenile training schools - } { + youth correction
facilities + } to alternative community services.
(2) In consultation with the local commissions on children and
families established under ORS 417.760, the juvenile departments
shall develop a plan for services needed to divert the commitment
of youth from the { - juvenile training schools - } { + youth
correction facilities + }, and how these services are to be
administered if funds are provided. Following review and comment
by local commissions, the plan must be approved in the form of a
resolution by the governing body of the appropriate county and of
a letter of concurrence from the presiding judge of the juvenile
court having jurisdiction in juvenile cases.
(3) The { - division or the office - } { + youth
authority + } shall develop { + and implement + } a statewide
diversion plan after taking the local juvenile departments' plans
Enrolled Senate Bill 1 Page 65
into consideration { + and after consulting with affected
service providers + }.
**************************** SECTION 92. ORS 420.019 is amended
to read:
420.019. (1) { + (a) + } The { - Children's Services
Division - } { + Oregon Youth Authority + } may contract with
the governing body of { - the - } { + a + } county { + or
two or more counties, if the counties have joined together as a
consortium or region, + } for implementing the statewide
diversion plan { + , which may include juvenile parole and
probation services or out-of-home placement + }.
{ + (b) A county or counties that contract with the Oregon
Youth Authority under this section shall have access to a
continuum of out-of-home placement options including, but not
limited to, youth correction facilities, youth care centers,
foster care and private placements. Participating counties shall
be ensured access to an equitable share of out-of-home
placements.
(c) A county or counties that contract with the Oregon Youth
Authority under this section have the responsibility for parole
decisions regarding youths from the county or counties committed
to youth correction facilities. In the event that a county or
counties are operating over the allocated training school cap,
the youth authority may assume parole authority until the county
population is at the cap. + }
{ - (2) Pursuant to ORS 418.495, the division shall enter
into contracts with the governing body of the county to provide
services to delinquent youth identified as diverted from the
state juvenile training schools. - }
{ - (3) - } { + (d) The state and county may agree that
+ }the governing body of the county { + or counties + } may
subcontract for services { + or that the state will provide
services or that the county or counties may subcontract for some
services and the state provide other services + } as stipulated
in the contract with the { - division - } { + youth
authority + }.
{ + (e) When services previously provided by the Oregon Youth
Authority transfer to a county or counties, terms of the contract
must include, but need not be limited to, the actual cost of
employee salaries, benefits and other payroll expenses, plus
support costs necessary for the transferred positions. + }
{ - (4) - } { + (f) + } The { - division shall be - }
{ + youth authority is + } responsible for performance auditing
of contracts and subcontracts.
{ - (5) - } { + (g) + } The { - division - } { + youth
authority + } shall contract directly with service providers in
those counties where the governing body of the county { + or
counties + } chooses not to contract with the { - division - }
{ + youth authority + }.
{ - (6) - } { + (h) + } The funds provided { - for
services - } to implement the diversion plan { + or provide for
out-of-home placement or parole and probation services + } shall
not be used by a county to supplant moneys otherwise provided to
the county juvenile department for services to delinquent youth.
{ + (2)(a) Unless otherwise provided in the contract, a
county that is contracting with the youth authority under
subsection (1) of this section shall supervise state employees
providing parole and probation services within the county.
(b) Subject to a collective bargaining agreement, supervision
under this subsection includes discipline, performance
Enrolled Senate Bill 1 Page 66
evaluation, training and all other functions previously carried
out by state employed supervisors. + }
**************************** SECTION 93. ORS 420.021 is amended
to read:
420.021. All traveling and other expenses incurred in placing a
person in a { - juvenile training school - } { + youth
correction facility + } in the legal custody of the
{ - Children's Services Division - } { + Oregon Youth
Authority + } and delivering the person into the custody of the
{ - division - } { + youth authority + } under ORS 419B.337
(1), 419C.478 (1) or 419C.481 shall be borne by the county from
which the person was placed in the legal custody of the
{ - division - } { + youth authority + }.
**************************** SECTION 94. ORS 420.031 is amended
to read:
420.031. (1) The granting of legal custody and guardianship
over the { - child's - } { + youth's + } person to the
{ - Children's Services Division - } { + Oregon Youth
Authority + } does not terminate the juvenile court's wardship
over the { - child - } { + youth + }.
(2) Upon parole of the person from a { - juvenile training
school - } { + youth correction facility + }, the legal custody
of the person is vested in the parents of the person or other
person to whom the person is returned, subject to ORS 420.045
(3).
**************************** SECTION 95. ORS 420.040 is amended
to read:
420.040. The { - juvenile training schools - } { + youth
correction facility + }, the superintendents thereof, the
{ - assistant - } director and personnel of the
{ - Children's Services Division - } { + Oregon Youth
Authority + } are not liable for any damages whatsoever that are
sustained by any person on account of the actions or misconduct
of a { - student of a juvenile training school - } { + youth
offender placed in a youth correction facility + }.
**************************** SECTION 96. ORS 420.045 is amended
to read:
420.045. (1) Upon finding that a { - student of a juvenile
training school - } { + youth offender placed in a youth
correction facility + } is ready for release therefrom and that
the { - student - } { + youth offender + } had best be
returned to the parent or guardian of the { - student - } { +
youth offender + } or to a suitable and desirable home or
facility, the { - Assistant Director for Children's Services or
the authorized representative of the assistant director, - }
{ + Director of the Oregon Youth Authority + } may, after
advising the committing court, release the { - student - }
{ + youth offender + } on parole conditioned upon good
behavior.
(2) At such time as the { - Assistant Director for Children's
Services or the authorized representative of the assistant
director, - } { + Director of the Oregon Youth Authority + }
finds that final release is compatible with the { - welfare of
society and the student - } { + safety of the community and the
best interests of the youth offender + }, with the consent of the
committing court, the
{ - Assistant Director for Children's Services or the
authorized representative of the assistant director - } { +
Director of the Oregon Youth Authority + } may make and issue a
final order discharging the
Enrolled Senate Bill 1 Page 67
{ - student - } { + youth offender + }.
(3) The { - Assistant Director for Children's Services or the
authorized representative of the assistant director - } { +
Director of the Oregon Youth Authority + } may revoke a parole if
the conditions of the parole have been violated or if the
continuation of the
{ - student - } { + youth offender + } on parole would not be
in the best interests of the { - student - } { + youth
offender + } or the community. After the revocation of parole,
the { - assistant director of the division or the authorized
representative of the assistant director - } { + Director of
the Oregon Youth Authority + } shall immediately advise the
committing court thereof.
**************************** SECTION 97. ORS 420.060 is amended
to read:
420.060. (1) Upon finding that the education and training of a
{ - student of a juvenile training school - } { + youth
offender placed in a youth correction facility + } will be
furthered if the { - student - } { + youth offender + } is
permitted to work at gainful employment on a temporary basis, the
superintendent may enter into an agreement with any suitable
person or business establishment for the temporary employment of
the { - student - } { + youth offender + }.
(2) For the purposes of ORS 420.060 to 420.074, { - '
juvenile training school' - } { + 'youth correction facility'
+ }includes youth care centers as defined in ORS 420.855 and
approved by the
{ - Children's Services Division - } { + Oregon Youth
Authority + } pursuant to ORS 420.865, and 'superintendent'
includes the person in charge of any such youth care center.
**************************** SECTION 98. ORS 420.065 is amended
to read:
420.065. (1) Such agreements shall provide for compensation to
be paid for the { - student's - } { + youth offender's + }
work at the prevailing wages for such work in the community where
the
{ - student - } { + youth offender + } is employed or at a
wage rate approved by the superintendent.
(2) All sums earned by a { - student of a juvenile training
school - } { + youth offender placed in a youth correction
facility + }, other than amounts involuntarily withheld by the
employer of the
{ - student - } { + youth offender + }, shall be paid
directly to the superintendent or to the { - student - } { +
youth offender + } if so directed by the superintendent. All
moneys received by the superintendent under this section shall be
placed in a trust account to be used solely for the benefit of
the { - student - } { + youth offender + }.
**************************** SECTION 99. ORS 420.070 is amended
to read:
420.070. { - A student of a juvenile training school - }
While temporarily employed under ORS 420.060 to 420.074 { + , a
youth offender placed in a youth correction facility + } shall
remain in the legal custody of the superintendent. The
superintendent shall continue to exercise appropriate supervision
over the { - student - } { + youth offender + } during the
period of the temporary employment of the { - student - } { +
youth offender + }.
**************************** SECTION 100. ORS 420.074 is
amended to read:
Enrolled Senate Bill 1 Page 68
420.074. { - Students of a juvenile training school - }
While temporarily employed under the provisions of ORS 420.060 to
420.074 { + , youth offenders placed in a youth correction
facility + } are entitled to the protection and benefits of ORS
chapters 652, 654 and 656 to the same extent as other employees
of their employer under 21, except that:
(1) Payment of wages by an employer of a { - student - }
{ + youth offender + } directly to the superintendent as
provided by ORS 420.065 (2) shall not be deemed in violation of
ORS chapter 652; { + and + }
(2) Compensation paid under ORS chapter 656 that is not
expended on medical services shall be treated in the same manner
as the { - student's - } { + youth offender's + } earnings
under ORS 420.065, so long as the { - student - } { + youth
offender + } remains in the legal custody of the { - juvenile
training school or youth care center - } { + youth correction
facility + }.
**************************** SECTION 101. ORS 420.077 is
amended to read:
420.077. (1) The institution petty cash fund shall be used by
the { - Children's Services Division of the Department of Human
Resources - } { + Oregon Youth Authority + } to meet immediate
spending needs such as clothing, transportation, supplies, and
other incidentals for clients at the { - juvenile training
schools as defined by ORS 420.005 (3) - } { + youth correction
facilities + }.
(2) The { - Assistant - } Director { - for Children's
Services - } { + of the Oregon Youth Authority + } shall
designate custodians for subaccounts of the institution petty
cash fund at each of the { - juvenile training schools - }
{ + youth correction facilities + }. To establish the
subaccounts, the { - division - } { + youth authority + } may
prepare vouchers
{ - in amounts not to exceed the aggregate sum of $20,000 - }
in favor of the persons designated as custodians. Warrants shall
be drawn for the amounts of the vouchers.
(3) Subject to rule established by the Oregon Department of
Administrative Services:
(a) The designated custodians may make disbursements as
authorized by subsection (1) of this section.
(b) With the approval of the State Treasurer and
notwithstanding ORS 293.265, the designated custodians may hold
institution petty cash funds in cash or may deposit them to the
account of the { - Children's Services Division of the
Department of Human Resources - } { + Oregon Youth
Authority + }, in any bank or banks in the state authorized as a
depository of state funds, or in the State Treasury, or may hold
part in cash and deposit the remainder.
(4) The designated custodians shall at least monthly submit to
the { - Assistant - } director { - for Children's
Services - } verified reimbursement vouchers properly supported
by evidences of disbursements from the subaccounts of the petty
cash fund. Upon allowance of the reimbursement vouchers, the
Oregon Department of Administrative Services shall issue a
warrant on the State Treasurer in favor of the designated
custodians, payable out of
{ - Children's Services Division of the Department of Human
Resources - } { + Oregon Youth Authority + } trust fund
subaccounts equal to the amounts expended.
Enrolled Senate Bill 1 Page 69
**************************** SECTION 102. ORS 420.120 is
amended to read:
420.120. (1) The MacLaren School { - for Boys - } , located
in Marion County, is a training school for { - male persons
under 21 years of age - } { + youth offenders within the age
range specified in section 2 (4) of this 1995 Act + }. The
{ - assistant - } Director { + of the Oregon Youth
Authority + } shall equip, conduct, maintain and supervise the
school in the same manner as the { - assistant - } director
does other institutions within the { - Children's Services
Division - } { + Oregon Youth Authority + }.
(2) The superintendent, subordinate officers and employees of
the school shall use their best and consistent endeavors to
{ - govern, instruct, employ and reform the youths committed to
their charge, to the end that the youths are trained and
developed into useful and honorable members of society - } { +
meet the principles and guidelines set forth in section 1a of
this 1995 Act + }.
(3) The chief { - objects - } { + objectives + } of the
school { - are educational and reformatory, rather than penal,
but this does not prevent the confinement and discipline of
juvenile offenders therein - } { + are to meet the principles
and guidelines set forth in section 1a of this 1995 Act, but
these objectives do not prevent the confinement and discipline of
youth offenders in the school + }.
(4) The superintendent, subject to the approval of the
{ - assistant - } director, may appoint { - an - } { + one
or more + } assistant
{ - superintendent - } { + superintendents + }, who shall be
in the unclassified service for purposes of the State Personnel
Relations Law.
**************************** SECTION 103. ORS 420.210 is
amended to read:
420.210. The Superintendent of the MacLaren School { - for
Boys - } , with the approval of the { - Assistant - } Director
{ - for Children's Services - } { + of the Oregon Youth
Authority + } in cooperation with any public agency, may
establish at any place in this state one or more temporary work
and training camps for any { - boys - } { + youth
offenders + } committed to the MacLaren School { - for Boys - }
who are determined by the superintendent to be qualified and
amenable as security risks for work and training in such camps.
**************************** SECTION 104. ORS 420.215 is
amended to read:
420.215. Any camp established pursuant to ORS 420.210 on a
temporary basis shall be maintained and operated under the
supervision of the { - superintendent - } { + Director of the
Oregon Youth Authority + } and shall be governed, as far as
applicable, by the rules and regulations concerning discipline,
care and education of the MacLaren School { - for Boys - } .
**************************** SECTION 105. ORS 420.220 is
amended to read:
420.220. { - While at a camp established under ORS 420.210 to
420.235, - } The superintendent is responsible for the care and
custody of all { - boys - } { + youth offenders + } assigned
to { - the camp - } { + a camp established under ORS
420.210 + }. The superintendent shall provide the same
educational, training, religious, cultural and medical facilities
that are available to the { - boys at the MacLaren School for
Boys - } { + youth offenders at youth correction
Enrolled Senate Bill 1 Page 70
facilities + }, insofar as this is feasible and appropriate;
provided, that the compulsory school attendance laws are complied
with.
**************************** SECTION 106. ORS 420.225 is
amended to read:
420.225. The superintendent and the persons employed by the
superintendent or designated to have direct control of the
{ - boys - } { + youth offenders + } at camp shall cooperate
to the fullest extent with any public agency assisting in the
camp program in making assignments and in supervising any work or
training of { - boys - } { + youth offenders + } who are
physically able to perform manual labor.
**************************** SECTION 107. ORS 420.230 is
amended to read:
420.230. The superintendent, with the approval of the
{ - Assistant - } Director { - for Children's Services - }
{ + of the Oregon Youth Authority + }, may enter into contracts
with any public agency cooperating or willing to cooperate in the
camp program to carry into effect the purposes of ORS 420.210 to
420.235, providing among other things for the type of work to be
performed by { - boys - } { + youth offenders + } at any
camp, for rate of payment and other matters relating to the
maintenance and training of the { - boys - } { + youth
offenders + } while at a camp.
**************************** SECTION 108. ORS 420.235 is
amended to read:
420.235. { + (1) + } Any { - boy - } { + youth
offender + } who violates the rules and regulations relating to
discipline of a camp or who appears to the superintendent to be a
bad security risk may be returned to
{ - the MacLaren School for Boys - } { + a more secure youth
correction facility + } on order of the superintendent.
{ + (2) The transfer of a youth offender to a different youth
correction facility under subsection (1) of this section must be
reviewed by the Director of the Oregon Youth Authority no later
than 72 hours after the transfer. + }
**************************** SECTION 109. ORS 420.320 is
amended to read:
420.320. (1) The Hillcrest School of Oregon, located in Marion
County, is a training school for { - female persons under 21
years of age - } { + youth offenders within the age range
specified in section 2 (4) of this 1995 Act.
(2) The superintendent, subordinate officers and employees of
the school shall use their best and consistent endeavors to meet
the principles and guidelines set forth in section 1a of this
1995 Act.
(3) The chief objectives of the school are to meet the
principles and guidelines set forth in section 1a of this 1995
Act, but these objectives do not prevent the confinement and
discipline of youth offenders in the school + }.
{ - (2) The assistant director shall equip, conduct, maintain
and supervise the school in the same manner as the assistant
director does other state institutions. The school shall be
conducted in such manner as to provide an academic and vocational
education to its students and to promote their moral, mental and
physical welfare. - }
{ - (3) - } { + (4) + } The superintendent, subject to the
approval of the
{ - assistant - } Director { + of the Oregon Youth
Authority + }, may appoint
Enrolled Senate Bill 1 Page 71
{ - an - } { + one or more + } assistant
{ - superintendent - } { + superintendents + }, who shall be
in the unclassified service for purposes of the State Personnel
Relations Law.
**************************** SECTION 110. ORS 420.405 is
amended to read:
420.405. It is the purpose of ORS 237.003, 334.195 and this
section that { - children - } { + youths + } enrolled in the
{ - Juvenile - } { + Youth + } Corrections Education Program
{ - under the jurisdiction of - } { + administered by + } the
{ - Children's Services Division of the Department of Human
Resources - } { + Department of Education + } be treated
{ - as nearly - } the same { - as practicable - } in the
distribution of the State School Fund as children enrolled in
common and union high school districts in this state.
**************************** SECTION 110a. If House Bill 2275
becomes law, section 110 of this Act (amending ORS 420.405) is
repealed and ORS 420.405, as amended by section 8, chapter ___,
Oregon Laws 1995 (Enrolled House Bill 2275), is further amended
to read:
420.405. It is the purpose of ORS 237.003, 334.195, section
7 { + , chapter ___, Oregon Laws 1995 (Enrolled House Bill
2275) + } { - of this Act - } and this section that
{ - children - } { + youths + } enrolled in the
{ - Juvenile - } { + Youth + } Corrections Education Program
{ - under the jurisdiction of - } { + administered by + } the
Department of Education be treated as nearly the same as
practicable in the distribution of the State School Fund as
children enrolled in common and union high school districts in
this state.
**************************** SECTION 111. ORS 420.500 is
amended to read:
420.500. No { - student of a juvenile training school - }
{ + youth offender in a youth correction facility + } may be
transferred to an institution for the mentally ill or mentally
deficient for a period of more than 14 days unless the
{ - student - } { + youth offender + } has been committed to
an institution for the mentally ill or mentally deficient in the
manner specified in ORS 420.505 and 420.525.
**************************** SECTION 112. ORS 420.505 is
amended to read:
420.505. (1) A { - juvenile who is a student at a
juvenile - } { - training school - } { + youth offender at a
youth correction facility + } may apply for admission to an
institution for the mentally ill. The application may be made on
behalf of the { - juvenile - } { + youth offender + } by the
parents or legal guardian of the { - juvenile - } { + youth
offender + }. However, the superintendent shall not be required
to cause the examination of a { - juvenile - } { + youth
offender + } who applies under this section more often than once
in six months.
(2) Within five working days after receipt of the application,
the superintendent of the { - juvenile training school - }
{ + youth correction facility + } shall cause the
{ - juvenile - } { + youth offender + } to be examined by one
or more qualified persons at the school and shall request the
examination of the { - juvenile - } { + youth offender + } by
one or more qualified persons employed or designated by the
Mental Health and Developmental Disability Services Division. The
examination conducted or authorized by the Mental Health and
Enrolled Senate Bill 1 Page 72
Developmental Disability Services Division shall take place
within five working days after receipt of the request from the
superintendent. The examiners shall prepare separate reports and
shall submit such reports to the superintendent. A copy of the
reports shall be given to the applicant.
(3) If the superintendent finds that there is a probable cause
to believe that the { - juvenile - } { + youth offender + }
is mentally ill and that it would be in the best interests of the
{ - juvenile - } { + youth offender + } to be admitted to an
institution under the jurisdiction of the Mental Health and
Developmental Disability Services Division, the superintendent
shall notify the Mental Health and Developmental Disability
Services Division and shall order the { - juvenile - } { +
youth offender + } transferred pursuant to ORS 179.475.
(4) No { - student at a juvenile training school - } { +
youth offender at a youth correction facility + } voluntarily
admitted to any state institution for the mentally ill under ORS
179.475 shall be detained therein more than 72 hours after the
{ - student - } { + youth offender + } is { - 21 years of
age - } { + of the age specified in section 2 (4) of this 1995
Act setting the age limits for which the Oregon Youth Authority
may retain legal and physical custody of the youth offender + }
and has given notice in writing of the desire of the
{ - student - } { + youth offender + } to be released. If the
{ - juvenile - } { + youth offender + } is under the age
{ - of 21 years - } { + specified in section 2 (4) of this
1995 Act setting the age limits for which the Oregon Youth
Authority may retain legal and physical custody of the youth
offender + }, the { - juvenile - } { + youth offender + } may
be returned to the
{ - juvenile training school - } { + youth correction
facility + } after notice in writing has been given by the parent
or legal guardian of the
{ - juvenile - } { + youth offender + }, that such parent or
guardian desires that the { - juvenile - } { + youth
offender + } be discharged from the state institution for the
mentally ill.
**************************** SECTION 113. ORS 420.525 is
amended to read:
420.525. The costs of the hearings held under ORS 179.473,
419B.328, 419B.331, 419B.334, 419B.337, 419B.343, 419B.346,
419B.349, 419C.446, 419C.450, 419C.478, 419C.481, 419C.486,
419C.489, 419C.492, 419C.498 and 420.500 to 420.525 and the fees
for physicians and other qualified persons appointed under ORS
179.473, 419B.328, 419B.331, 419B.334, 419B.337, 419B.343,
419B.346, 419B.349, 419C.446, 419C.450, 419C.478, 419C.481,
419C.486, 419C.489, 419C.492, 419C.498 and 420.500 to 420.525
shall be charged to the county of the { - juvenile's - } { +
youth's + } residence prior to the initial commitment of the
{ - juvenile - } { + youth + } to a { - juvenile training
school - } { + youth correction facility + } or to the county
of the inmate's residence prior to the initial commitment of the
inmate to a penal or correctional institution. Attorney fees may
also be charged to that county if the { - juvenile - } { +
youth + } or inmate has no separate estate or if the parents of
the
{ - juvenile - } { + youth + } refuse or are unable to
provide an attorney.
**************************** SECTION 114. ORS 420.855 is
amended to read:
Enrolled Senate Bill 1 Page 73
420.855. As used in ORS 418.020, 418.025 and 420.855 to
420.885, unless the context requires otherwise:
{ - (1) 'Child' means a child between the ages of 12 and 18
who is within the jurisdiction of the juvenile court by reason of
a ground set forth in ORS 419C.495. - }
{ - (2) 'Division' means the Children's Services
Division. - }
{ - (3) - } { + (1) + } 'Juvenile court' means the court
exercising jurisdiction under ORS chapters 419B and 419C in the
county.
{ + (2) 'Youth' means a youth as defined in ORS 419A.004 who
is at least 12 years of age and has been found to be within the
jurisdiction of the juvenile court under ORS 419C.005.
(3) 'Youth authority' means the Oregon Youth Authority. + }
(4) 'Youth care center' or 'center' means a facility
established and operated by a public or private agency or a
combination thereof, primarily to provide care and rehabilitation
services for { - children - } { + youths + } committed to the
custody of the youth care center by the juvenile court or placed
by the
{ - Children's Services Division - } { + youth authority + }.
'Youth care center' or 'center' does not include detention
facilities established under ORS 419A.050 to 419A.057 except that
when a county operates a combined facility to provide both care
and rehabilitation services under ORS 420.855 to 420.885, and
detention facilities, the combined facility may be considered a '
youth care center' to the extent that it is used to provide the
care and rehabilitation services for { - children - } { +
youths + }not in detention.
**************************** SECTION 115. ORS 420.860 is
amended to read:
420.860. It is declared to be the policy and intent of the
Legislative Assembly that the State of Oregon shall encourage,
aid and financially assist its county governments and public and
private agencies in the establishment and development of youth
care centers for { - children - } { + youths + } found to be
in need of care and rehabilitation pursuant to ORS
{ - 419B.328, 419B.331, 419B.334, 419B.337, 419B.343, 419B.346,
419B.349, - } 419C.446, 419C.450, 419C.478, 419C.481, 419C.486,
419C.489, 419C.492 and 419C.498.
**************************** SECTION 116. ORS 420.865 is
amended to read:
420.865. (1) The { - Children's Services Division - } { +
Oregon Youth Authority + } may place a { - child - }
{ + youth + } who has been placed in its legal custody pursuant
to ORS { - 419B.337 (1), - } 419C.478 or 419C.481 in a youth
care center if the center complies with the provisions of ORS
420.855 to 420.885 and has been approved by the { - Children's
Services Division - } { + youth authority + }.
(2) Placement of a { - child by the Children's Services
Division - } { + youth by the youth authority + } in a youth
care center does not terminate the juvenile court's wardship over
the { - child - } { + youth + } or the custody of the
{ - Children's Services Division - } { + youth authority + }.
The center may retain such { - children - } { + youths + } in
full or part-time residential care or, with the consent of the
{ - Children's Services Division - } { + youth authority + },
may place them on a full or part-time basis in foster homes.
**************************** SECTION 117. ORS 420.870 is
amended to read:
Enrolled Senate Bill 1 Page 74
420.870. Approval of the youth care center by the
{ - Children's Services Division - } { + Oregon Youth
Authority + }, required by ORS 420.865, shall be based on
reasonable and satisfactory assurance that:
(1) Adequate physical facilities exist which comply with
applicable rules of the Health Division and the State Fire
Marshal.
(2) There is employment of capable and trained or experienced
personnel.
(3) The youth care programs include educational, vocational,
recreational and counseling opportunities that will be in the
best interests of the { - child - } { + youth + }.
(4) A county must demonstrate that an adequate probation system
for { - children - } { + youths + } exists in the county in
order to be eligible for state support for a youth care center.
**************************** SECTION 118. ORS 420.875 is
amended to read:
420.875. (1) An approved youth care center is eligible for
state support from funds appropriated to the { - Children's
Services Division - } { + Oregon Youth Authority + } for that
purpose to meet its operating expenses. Public or private
agencies operating a youth care center shall make application for
state support to the
{ - division - } { + youth authority + }. The application
shall contain such information as may be required by the
{ - division - } { + youth authority + }.
(2) Upon receiving the application, the { - division - }
{ + youth authority + } shall cause an investigation of the
affairs and methods of the youth care center and, if it finds
that the center meets the requirements of ORS 420.870, shall
grant its application for state support.
(3) At such times as the { - Children's Services Division - }
{ + youth authority + } may require, all youth care centers
receiving state support under the provisions of ORS 420.855 to
420.885, shall file with the { - division - } { + youth
authority + } a financial and statistical report, and a report on
the content and conduct of the { - program - } { + youth care
center + }, in such form as may be prescribed by the
{ - division - } { + youth authority + }. If any youth care
center fails to file the prescribed reports within 30 calendar
days after requested by the { - division - } { + youth
authority + }, no further state support shall be paid until it
has complied with the provisions of this subsection.
**************************** SECTION 119. ORS 420.880 is
amended to read:
420.880. (1) Subject to the availability of funds, each youth
care center that has received approval from the { - Children's
Services Division - } { + Oregon Youth Authority + } and
continues to meet the requirements of ORS 420.855 to 420.885 and
the rules of the
{ - division - } { + youth authority + } is eligible to
receive state support in an amount to be negotiated between the
youth care center and
{ - Children's Services Division - } { + the youth
authority + }.
(2) Subject to the availability of funds, if in the opinion of
the youth care center, the welfare of the { - child - } { +
youth + } requires special care or the interests of the
{ - child - } { + youth + } would be better served outside the
center, the center, with the consent of the { - Children's
Enrolled Senate Bill 1 Page 75
Services Division - } { + youth authority + }, may place the
{ - child - } { + youth + } in foster care or hospital and
state support for such { - child - } { + youth + } shall be
allowed to the center in an amount equal to 50 percent of the
actual monthly cost for each such
{ - child - } { + youth + }.
**************************** SECTION 120. ORS 420.885 is
amended to read:
420.885. (1) The youth care center shall present to the
{ - Children's Services Division - } { + Oregon Youth
Authority + } an itemized statement showing the names of the
{ - children - } { + youths + } being cared for during the
period for which the statement is submitted and the amount which
the center claims for the period. The { - division - } { +
youth authority + } shall investigate the claim and approve only
that portion which is in accordance with the provisions of ORS
420.855 to 420.885 and the rules of the { - division - } { +
youth authority + }.
(2) When certified by the { - Children's Services
Division - } { + youth authority + }, claim for state
reimbursements shall be presented to the Oregon Department of
Administrative Services and paid in the same manner as the claims
against the state are paid.
(3) If the center is operated jointly by more than one public
or private agency, each agency participating in the operation
shall be entitled to a pro rata share of the amount due, to be
determined by the contribution of each to the operating cost of
the center.
**************************** SECTION 121. ORS 420.910 is
amended to read:
420.910. (1)(a) When a { - student of a juvenile training
school - } { + youth offender placed in a youth correction
facility + } has escaped or is absent without authorization from
the { - training school - } { + youth correction facility + }
or from the custody of any person in whose charge the
{ - student - } { + youth offender + } lawfully has been
placed, the superintendent of the { - school - } { + youth
correction facility + } concerned, or the superintendent's
authorized representative, may order the arrest and detention of
the
{ - student - } { + youth offender + }.
(b) When a { - person - } { + youth offender + } on parole
from a { - juvenile training school - } { + youth correction
facility + } is absent from the custody of a person in whose
charge the { - person - } { + youth offender + } lawfully has
been placed, or has failed to abide by rules of parole
supervision or to respond successfully to prior sanctions imposed
by the { - Children's Services Division - } { + Oregon Youth
Authority + } pursuant to administrative rule, the superintendent
of the { - school - } { + youth correction facility + } from
which the { - person - } { + youth offender + } is on parole,
or the superintendent's authorized representative, may order the
arrest and detention of the { - person - } { + youth
offender + }.
(c) The superintendent or authorized representative may issue
an order under this subsection based on a reasonable belief that
grounds exist for issuing the order. Where reasonable, the
superintendent or representative shall investigate to ascertain
whether such grounds exist.
Enrolled Senate Bill 1 Page 76
(2) Any order issued by the superintendent of a { - juvenile
training school - } { + youth correction facility + }, or the
superintendent's representative, as authorized by subsection (1)
of this section constitutes full authority for the arrest and
detention of the escapee, absentee or parole violator, and all
laws applicable to warrants of arrest shall apply to such orders.
(3) In lieu of the procedure in subsection (1) of this section,
the juvenile court of the county from which the { - student - }
{ + youth offender + } or parolee was committed may direct
issuance of a warrant of arrest against the { - student - }
{ + youth offender + } or parolee when notified by the
superintendent or authorized representative of the superintendent
of the { - school - } { + youth correction facility + }
concerned that any { - student of a juvenile training
school - } { + youth offender placed in a youth correction
facility + } has escaped or is absent without authorization from
the institution to which committed, from parole supervision or
from the custody of any person in whose charge the
{ - student - } { + youth offender + } lawfully has been
placed.
**************************** SECTION 122. ORS 420.915 is
amended to read:
420.915. (1) Upon issuance of an order or warrant of arrest,
any peace officer may apprehend and deliver to a juvenile
detention facility as described in ORS 419A.050 and 419A.052 the
escapee, absentee or parole violator described in ORS 420.910 who
is under 18 years of age. If the escapee, absentee or parole
violator is 18 years of age or older, any peace officer may
deliver such person to an adult detention facility.
(2) A { - training school - } { + youth correction
facility + } escapee or absentee described in ORS 420.910 may be
held in a juvenile detention facility as described in ORS
419A.050 and 419A.052 or an adult detention facility as provided
in subsection (1) of this section for up to 36 hours.
(3) The parole violator described in ORS 420.910 may be held in
a juvenile detention facility as described in ORS 419A.050 and
419A.052 or an adult detention facility as provided in subsection
(1) of this section no more than 72 hours, excluding Saturdays,
Sundays and judicial holidays, except pursuant to such provisions
as the { - Children's Services Division - } { + Oregon Youth
Authority + } may adopt by rule to govern the use of detention
for parolees and review of revocation of parole.
(4) The director or authorized representative of the juvenile
department in whose juvenile detention facility the escapee or
absentee from a { - juvenile training school - } { + youth
correction facility + } is held, or the administrator of the
adult detention facility in which the escapee or absentee is
held, shall immediately inform the institution to which such
escapee or absentee was committed and shall surrender the escapee
or absentee to any person authorized by the superintendent or
authorized representative of such institution to receive the
escapee or absentee.
(5) The director or authorized representative of the juvenile
department in whose juvenile detention facility the parole
violator is held, or the administrator of the adult detention
facility in which the violator is held, shall immediately inform
the paroling authority.
(6) Except as provided in subsection (3) of this section, the
provisions of ORS 419B.175, 419B.183, 419B.185, 419C.109,
419C.136, 419C.139, 419C.145, 419C.150, 419C.153, 419C.170 and
Enrolled Senate Bill 1 Page 77
419C.173 do not apply to the detention of an escapee, absentee or
parole violator under this section.
**************************** SECTION 123. ORS 419C.233 is
amended to read:
419C.233. { - An informal disposition - } { + A formal
accountability + } agreement is a voluntary contract between a
child described in ORS 419C.230 and a juvenile department whereby
the child agrees to fulfill certain conditions in exchange for
not having a petition filed against the child.
**************************** SECTION 124. ORS 419C.236 is
amended to read:
419C.236. (1) { - An informal disposition - } { + A formal
accountability + } agreement may require participation in or
referral to counseling, a period of community service, drug or
alcohol education or treatment, vocational training or any other
legal activity which in the opinion of the counselor would be
beneficial to the child.
(2) { - An informal disposition - } { + A formal
accountability agreement + } may require that the child make
restitution to any person who was physically injured or who
suffered loss of or damage to property as a result of the conduct
alleged. Before setting the amount of restitution, the juvenile
department shall consult with the victim concerning the amount of
damage. Restitution does not limit or impair the right of a
victim to sue in a civil action for damages suffered, nor shall
the fact of consultation by the victim be admissible in such
civil action to prove consent or agreement by the victim.
However, the court shall credit any restitution paid by the child
to a victim against any judgment in favor of the victim in such
civil action.
**************************** SECTION 125. ORS 419C.242 is
amended to read:
419C.242. (1) If { - an informal disposition - } { + a
formal accountability + } agreement is revoked pursuant to ORS
419C.239, the juvenile department shall either extend the
agreement pursuant to subsection (2) of this section or file a
petition with the juvenile court, and an adjudicatory hearing may
be held.
(2) If the juvenile department has reasonable cause to believe
that the child has failed to carry out the terms of the
{ - informal disposition - } { + formal accountability + }
agreement or has committed a subsequent offense, in lieu of
revoking the agreement, the department may modify the terms of
the agreement and extend the period of the agreement for an
additional six months from the date on which the modification was
made with the consent of the child and the child's counsel, if
any. { + The period of a formal accountability agreement may be
extended only once under this subsection. + }
**************************** SECTION 126. ORS 419C.245 is
amended to read:
419C.245. The juvenile department counselor shall inform the
child and the child's parents or guardian of the child's right to
counsel and to court-appointed counsel, if the child is indigent.
The right to counsel shall attach prior to the child's entering
into { - an informal disposition - } { + a formal
accountability + } agreement.
**************************** SECTION 127. { + The Chief
Justice of the Supreme Court shall create an advisory committee
consisting of three judges appointed by the Chief Justice. The
advisory committee shall study dispositions imposed in juvenile
Enrolled Senate Bill 1 Page 78
court cases under ORS 419C.005 and make recommendations for
disposition criteria that consider:
(1) The protection of the community;
(2) The accountability of the offender; and
(3) The competency of the offender. + }
**************************** SECTION 128. { + No later than
January 1, 1996, the Oregon Youth Authority, in consultation with
the State Commission on Children and Families and the Oregon
Juvenile Department Directors' Association, shall adopt one or
more definitions of recidivism and establish a recidivism
reporting system applicable to youth offenders. The definition
must be designed to address outcomes including, but not limited
to, community safety and rehabilitation. + }
**************************** SECTION 129. { + (1) Prior to
March 1, 1996, and annually thereafter, the juvenile department
of a county shall submit to the Oregon Youth Authority, in the
form established under section 128 of this Act, statistical data
relating to the recidivism of delinquent youths experienced by
the county during the previous year.
(2) Prior to April 1, 1996, and annually thereafter, the Oregon
Youth Authority shall publish a comprehensive report that
includes the data provided by the counties under subsection (1)
of this section and similar data that measures the recidivism of
youths supervised by the youth authority who are on probation or
parole. + }
**************************** SECTION 130. ORS 419C.478 is
amended to read:
419C.478. (1) { - Where a child - } { + When a youth + }
has been found to be within { - its - } { + the court's + }
jurisdiction { + under ORS 419C.005 + }, { - and when the
court determines it would be in the best interest and welfare of
the child, - } the court may, in addition to probation or any
other dispositional order, place the { - child - } { + youth
offender + } in the legal custody of the { - Children's
Services Division - } { + Oregon Youth Authority + } for care,
placement and supervision { + or, when authorized under
subsection (3) of this section, place the youth offender in the
legal custody of the Children's Services Division for care,
placement and supervision + }.
{ + (2) If the court places a youth offender under subsection
(1) of this section, + } the court may specify the
{ - particular - } type of care, supervision or services to be
provided by the { + youth authority or the + } Children's
Services Division to { - children - } { + youth offenders + }
placed in the { + youth authority's or + } division's custody
and to the parents or guardians of { - such children - } { +
the youth offenders + }, but the actual planning and provision of
such care, supervision { + , security + } or services shall be
the responsibility of the { + youth authority or the
+ }Children's Services Division. The { + youth authority or
the + } division may place the { - child - } { + youth
offender + } in a { - child - } { + youth + } care center
{ + or other facility + } authorized to accept the
{ - child - } { + youth offender + }.
{ + (3) The court may place a youth offender in the legal
custody of the Children's Services Division under subsection (1)
of this section if:
(a) The court has determined that a period of out-of-home
placement and supervision should be part of the disposition in
the case;
Enrolled Senate Bill 1 Page 79
(b) The court finds that, because of the youth offender's
mental or emotional condition, the youth offender:
(A) Is not amenable to reform and rehabilitation through
participation in the programs provided and administered by the
youth authority; and
(B) Is amenable to reform and rehabilitation through
participation in the programs provided and administered by the
Children's Services Division;
(c) The court finds that the Children's Services Division can
provide adequate security to protect the community and the youth
offender;
(d) The court provides for periodic review of the placement;
and
(e) The court, in making the findings and determinations
required by this subsection, has considered the relevant facts
and circumstances of the case, as provided in ORS 419C.411. + }
{ - (2) - } { + (4) + } Uniform commitment blanks, in a
form approved by the assistant director for { + the youth
authority, or by the Assistant Director for + } Children's
Services { + for placements under subsection (3) of this
section + }, shall be used by all courts for placing
{ - children - } { + youth offenders + } in the legal custody
of the { + youth authority or the + } Children's Services
Division.
{ - (3) - } { + (5) + } If the { - child - } { + youth
offender + } has been placed in the custody of the { + youth
authority or the + } Children's Services Division, the court
shall make no commitment directly to any residential facility,
but shall cause the { - child - } { + youth offender + } to
be delivered into the custody of the { + youth authority or
the + } Children's Services Division at the time and place fixed
by rules of the { + youth authority or the + } division. No
{ - child - } { + youth offender + } so committed shall be
placed in a Department of Corrections institution.
**************************** SECTION 131. ORS 419C.492 is
amended to read:
419C.492. Commitment of a { - child - } { + youth
offender + } to the { + Oregon Youth Authority or the + }
Children's Services Division does not terminate the court's
continuing jurisdiction to protect the rights of the { - child
or the child's - } { + youth offender or the youth
offender's + } parents or guardians. Notwithstanding ORS 419C.478
{ - (3) - } { + (5) + }, if upon review of a placement of a
{ - child - } { + youth offender + } made by the { + youth
authority or the + } Children's Services Division, the court
determines that the placement is so inappropriate as to violate
the rights of the { - child or the child's - } { + youth
offender or the youth offender's + } parents or guardians, the
court may direct the { + youth authority or the + } Children's
Services Division to place the { - child - } { + youth
offender + } in a specific type of residential placement, but the
actual planning and placement of the { - child - } { + youth
offender + } shall be the responsibility of the { + youth
authority or the + } Children's Services Division. Nothing in
this section affects any contractual right of a private agency to
refuse or terminate a placement.
**************************** SECTION 131a. { + (1)
Notwithstanding ORS 419A.092, 419A.098, 419A.102, 419A.104,
419A.106, 419A.114, 419A.118, 419A.122 and 419A.124, from the
effective date of this Act to July 1, 1997, ORS 419A.092,
Enrolled Senate Bill 1 Page 80
419A.098, 419A.102, 419A.104, 419A.106, 419A.114, 419A.118,
419A.122 and 419A.124 shall not be operative but sections 131a to
131k of this Act shall operate in lieu thereof.
(2) Sections 131a to 131k of this Act are repealed on July 1,
1997. + }
**************************** SECTION 131b. { + (1) Each local
citizen review board shall be composed of at least three and not
more than seven members appointed by the Chief Justice of the
Supreme Court of the State of Oregon. If more than five members
are appointed to a local citizen review board, the additional
members serve as alternate members. Each member appointed shall
be sworn in by a judge of the court to which the member is to be
appointed to serve. The Chief Justice shall appoint local citizen
review boards according to the following guidelines:
(a) Members of each local citizen review board shall be
recruited from groups with special knowledge or interest in
foster care and child welfare which may include but shall not be
limited to adoptive parents and members of the professions of
law, medicine, psychology, social work and education;
(b) As far as practicable, members of each local citizen review
board shall represent the various socioeconomic and ethnic groups
of the area served;
(c) No person employed by the Children's Services Division, by
the Oregon Youth Authority, by any private agency regulated,
certified, directed or licensed by or contracting with the
division or the Oregon Youth Authority or by any juvenile court
shall serve on any local citizen review board;
(d) The appointment of any individual member of a local citizen
review board shall be made only from a list approved by the
presiding judge of the court to which the individual member is to
be appointed to serve; and
(e) Members of local citizen review boards must be domiciled
within the counties of the court that they are appointed to
serve.
(2) Prior to reviewing cases, all persons appointed to serve as
local citizen review board members shall participate in a 16-hour
orientation training program established and approved by the
Supreme Court of the State of Oregon. In addition, each local
citizen review board member must receive eight hours of training
annually. + }
**************************** SECTION 131c. { + The Chief
Justice, in consultation with the Supreme Court, shall adopt
rules under ORS 1.002 that may include any procedures for the
administration of the local citizen review board program
regarding:
(1) Removal of members of local citizen review boards;
(2) The time, content and manner in which case plans and case
progress reports shall be provided by the Children's Services
Division, the Oregon Youth Authority or other agency or
individual directly responsible for the care of the child to the
local citizen review board. These rules may require that such
information be provided in shorter time periods than those
contained in ORS 419B.443, and that information in addition to
that specified by ORS 419B.443 be provided;
(3) Procedures for providing written notice of the review to
the division, the Oregon Youth Authority, any other agency
directly responsible for the care or placement of the child, the
parents or their attorneys, foster parents, surrogate parents,
mature children or their attorneys, the court-appointed attorney
or court appointed special advocate of any child, any district
Enrolled Senate Bill 1 Page 81
attorney or attorney general actively involved in the case and
other interested persons. The notice shall include advice that
persons receiving a notice may participate in the hearing and be
accompanied by a representative;
(4) Procedures for securing or excusing the presence at the
review of caseworkers and other employees of the division, the
Oregon Youth Authority or other agencies directly responsible for
the care of the child;
(5) Procedures by which boards can remove cases from review
when such review is not required under federal law;
(6) Grounds for removal of members;
(7) Terms of board members; and
(8) Organization of individual boards. + }
**************************** SECTION 131d. { + (1)
Notwithstanding the provisions of ORS 40.225 to 40.275, 418.130,
419B.035, 419B.045, 419B.440, 419B.443, 419B.446, 419B.449,
419B.452 and 419B.460, each local citizen review board shall have
access to:
(a) Any records of the court which are pertinent to the case;
and
(b) Any records of the Children's Services Division or the
Oregon Youth Authority that would be admissible in a
dispositional review hearing conducted under ORS 419B.470,
419B.473 and 419B.476, including school records and reports of
private service providers contained in the records of the
division, the Oregon Youth Authority or other agency.
(2) All requested records not already before the local citizen
review board shall be submitted by the division or the Oregon
Youth Authority within five working days after receipt of the
request. The following provisions apply:
(a) Copies may be sent in lieu of originals.
(b) Except as otherwise provided in this paragraph, the local
citizen review boards and the staff provided for the boards must
return all records and copies received from the division or the
Oregon Youth Authority to the division or the Oregon Youth
Authority within seven working days after completion of the
review. The staff of a local citizen review board may retain a
reference copy of case materials used by the local citizen review
board to make its recommendation if the following apply:
(A) The material is necessary for the ongoing work of the board
with regard to the particular case or to work of the board; and
(B) The confidentiality of the material is continued and
protected in the same manner as other materials received from the
Children's Services Division or the Oregon Youth Authority.
Materials thus retained by the local boards are exempt from
disclosure under the public records law.
(3) If a local citizen review board is denied access to
requested records, it may request a court hearing. The court may
require the organization in possession of the records to show
cause why the records should not be made available as provided by
this section. + }
**************************** SECTION 131e. { + Within seven
working days after the first of each month, the Children's
Services Division or the Oregon Youth Authority shall send to the
citizen review board state administrative office the federally
required report listing all children in substitute care. The
report must include the dates of placement and the dates by which
a review must be conducted. + }
**************************** SECTION 131f. { + (1) Except for
cases removed from review under procedures established under ORS
Enrolled Senate Bill 1 Page 82
419A.098, the local citizen review board shall review the case of
each child in substitute care. The following provisions apply:
(a) The review shall take place at times set by the board, the
first review to be no more than six months after the child is
placed in substitute care and subsequent reviews to take place no
less frequently than once every six months thereafter until the
child is no longer within the jurisdiction of the court, no
longer in substitute care or until an adoption proceeding becomes
final.
(b) The court, by rule of the court or on an individual case
basis, may relieve the local citizen review board of its
responsibility to review a case if a complete judicial review has
taken place within 60 days prior to the next scheduled board
review.
(c) The court shall notify the local citizen review board of a
denial of a petition to terminate parental rights within 10 days
of the denial. As soon as practical but no later than 45 days
after the denial, the board shall review any case where a
petition to terminate parental rights has been denied.
(2) The local citizen review board may hold joint or separate
reviews for groups of siblings. + }
**************************** SECTION 131g. { + (1) Unless
excused from doing so by the local citizen review board, the
Children's Services Division, the Oregon Youth Authority and any
other agency directly responsible for the care and placement of
the child shall require the presence of any employees having
knowledge of the case at local board meetings.
(2) The local citizen review board may require the presence of
specific employees of the division, the Oregon Youth Authority or
other agency at local board meetings. If an employee fails to be
present at such a meeting, the local review board may request a
court hearing. The court may require the employee to be present
and show cause why the employee should not be compelled to appear
before the local citizen review board.
(3) As used in this section, 'presence' includes telephone
participation except that the caseworker on the case at the time
of the meeting must be physically present if required. + }
**************************** SECTION 131h. { + The local
citizen review board shall keep accurate records and retain these
records on file. The local citizen review board shall send copies
of its written findings and recommendations to the following:
(1) The court;
(2) The Children's Services Division;
(3) The Oregon Youth Authority; and
(4) Other participants in the review. + }
**************************** SECTION 131i. { + Upon receipt of
findings and recommendations from the local citizen review board,
the Children's Services Division or the Oregon Youth Authority
shall:
(1) Review the findings and recommendations of the local
citizen review board within 10 days after the findings and
recommendations are received by the division or the Oregon Youth
Authority. The recommendations shall be implemented and the case
plan modified as the division or Oregon Youth Authority deems
appropriate and resources permit.
(2) Give the local citizen review board written notice of such
intent within 17 days of receipt of the report if the division or
Oregon Youth Authority does not intend to implement the
recommendations.
Enrolled Senate Bill 1 Page 83
(3) Cause the findings and recommendations of the local citizen
review board to become part of the case file of the division or
Oregon Youth Authority. + }
**************************** SECTION 131j. { + In addition to
reviewing individual cases of children in substitute care, local
citizen review boards may make recommendations to the court and
the Children's Services Division or the Oregon Youth Authority
concerning substitute care services, policies, procedures and
laws. + }
**************************** SECTION 131k. { + (1) The Oregon
Youth Authority and the Judicial Department shall negotiate to
develop an abbreviated review process that addresses the specific
issues of youth offenders. The review process must be reduced to
writing and must include the following:
(a) Provisions to minimize and streamline the paperwork
process;
(b) Procedures to eliminate the duplication of review and to
avoid early review;
(c) Subject to available funds, cross training for citizen
review board staff, volunteers and Oregon Youth Authority staff
in accordance with the purpose statement of the Oregon Youth
Authority; and
(d) Implementation of appropriate telephone attendance
provisions as provided in section 131g of this Act.
(2) If an abbreviated review process has not been developed by
July 1, 1996, the Judicial Department shall exercise its
authority, established in the Supreme Court Operating Rules for
Local Citizen Review Boards, to waive all citizen review board
reviews in cases in which a review is not required by federal
law.
(3) If the Oregon Youth Authority ceases to claim Title IV-E
funds, the Judicial Department shall exercise its authority to
waive all citizen review board reviews. + }
**************************** SECTION 131L. { + An agency that
provides juvenile corrections programs may enter into an
agreement with a tribe for the purposes of placing a tribal youth
offender into a state youth correction facility or program. The
tribe shall pay the agency reasonable expenses associated with
the incarceration and treatment of the youth offender. As used in
this section, 'tribe' means a tribe located in Oregon that is
recognized by the United States Secretary of the Interior. + }
**************************** SECTION 131m. { + As used in
sections 131m to 131p of this Act:
(1) 'Youth authority' means the Oregon Youth Authority.
(2) '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.
(3) 'Youth offender foster home' means any home maintained by a
person who has under the care of the person in the home a youth
offender for the purpose of providing the youth offender with
supervision, food and lodging. The youth offender must be under
18 years of age, unrelated to the person by blood or marriage and
unattended by the youth offender's parent or guardian. 'Youth
offender foster home' does not mean:
(a) A boarding school that is essentially and primarily engaged
in educational work;
(b) A home in which a child is provided with room and board by
a school board; or
Enrolled Senate Bill 1 Page 84
(c) A foster home under the direct supervision of a private
child-caring agency or institution providing services by contract
with the Oregon Youth Authority.
(4) 'Certificate of approval' means:
(a) A provisional certificate issued for 90 days; or
(b) A regular certificate that is effective for one year. + }
**************************** SECTION 131n. { + (1) A person
may not operate a youth offender foster home without a
certificate of approval issued by the Oregon Youth Authority.
(2) A person may apply for a certificate of approval to operate
a youth offender foster home by submitting an application to the
youth authority on a form furnished by the youth authority.
(3)(a) Upon receipt of an application under subsection (2) of
this section, the youth authority shall cause an investigation to
be made of the applicant and the applicant's home. The youth
authority, in accordance with rules adopted under section 131o of
this Act, shall determine whether to issue a certificate of
approval to the applicant and, if a certificate of approval is to
be issued, whether to issue a provisional certificate or a
regular certificate. The certificate must be in the form
prescribed by the youth authority and must state the period of
time for which it is issued, the name of the foster parent, the
address of the premises to which the certificate applies and the
maximum number of youth offenders to be maintained in the youth
offender foster home at any one time. The certificate applies
only to the premises designated in the certificate and a change
of residence automatically terminates the certificate.
(b) After notice and opportunity for hearing as provided in ORS
183.310 to 183.482, the youth authority may deny an application
for a certificate of approval under paragraph (a) of this
subsection. A person whose application for a certificate of
approval has been denied may appeal the decision to the Court of
Appeals in the manner provided in ORS 183.480 for the review of
orders in contested cases.
(4)(a) After notice and opportunity for hearing as provided in
ORS 183.310 to 183.482, the youth authority may revoke, deny an
application to renew or attach conditions to a certificate of
approval issued under subsection (3)(a) of this section for a
violation of any provision of this section or section 131o of
this Act or of the rules adopted under section 131o of this Act.
(b) A person whose certificate of approval is revoked, not
renewed or is made subject to conditions by a decision of the
youth authority under paragraph (a) of this subsection may appeal
the decision to the Court of Appeals in the manner provided in
ORS 183.480 for the review of orders in contested cases. + }
**************************** SECTION 131o. { + (1) The Oregon
Youth Authority shall adopt the rules it deems necessary or
advisable to carry out the intent and purposes of this section
and section 131n of this Act.
(2) The youth authority shall adopt rules establishing
standards for certification of youth offender foster homes. The
youth authority shall include in the rules requirements that a
foster parent receive training designed to assist the foster
parent in understanding juvenile delinquency and managing the
behavior that results from juvenile delinquency.
(3) The youth authority or its representative shall visit every
certified youth offender foster home from time to time as often
as appears necessary to determine whether:
(a) The youth offender foster home consistently maintains the
standards established by the youth authority; and
Enrolled Senate Bill 1 Page 85
(b) Proper care is being provided to youth offenders at the
youth offender foster home.
(4) A person operating a youth offender foster home may not, as
a disciplinary measure against a youth offender in the youth
offender foster home, deny a parent or guardian of the youth
offender the right to visit the youth offender. + }
**************************** { + NOTE: + } Section 131p was
deleted by amendment. Subsequent sections were not renumbered.
**************************** SECTION 131q. ORS 181.610 is
amended to read:
181.610. In ORS 181.610 to 181.690, unless the context requires
otherwise:
(1) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(2) 'Commissioned' means an authorization granting the power to
perform various acts or duties of a police officer and acting
under the supervision and responsibility of a county sheriff.
(3) '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.
(4) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(5) 'Executive director' means the executive director of the
board.
(6) '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.
(7) 'Fire service professional' means an officer or member of a
public 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.
(8)(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 enhanced 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.
Enrolled Senate Bill 1 Page 86
(b) 'Law enforcement unit' also means 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.
(9) '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.
(10) 'Police officer' means an officer or member 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
enhanced 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 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.
(11) '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.
(12) 'Public safety personnel' includes corrections officers,
{ + youth correction officers, + } emergency medical
dispatchers, parole and probation officers, police officers,
telecommunicators and fire service professionals.
(13) '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 401.720.
{ + (14) '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 131r. 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, the board, in consultation with the
agencies for which it provides standards, certification,
accreditation and training, shall:
(a) Establish for police officers, corrections officers, { +
youth correction officers, + } parole and probation officers and
fire service professionals, respectively, reasonable minimum
standards of physical, emotional, intellectual and moral fitness.
(b) Establish for public safety personnel reasonable minimum
training for all levels of professional development, basic
through executive, including but not limited to courses or
subjects for instruction, facilities for instruction,
qualification of instructors and methods of instruction.
(c) Establish a procedure or procedures to be used by law
enforcement units { + , + } { - or - } public or private
safety agencies { + or the Oregon Youth Authority + } to
determine whether a police officer, a fire service professional,
a corrections officer, { + a youth correction officer, + } a
Enrolled Senate Bill 1 Page 87
parole and probation officer, a telecommunicator or an emergency
medical dispatcher meets minimum standards or has minimum
training.
(d) Subject to such terms and conditions as the board may
impose, certify police officers, fire service professionals,
corrections officers, parole and probation officers,
telecommunicators and emergency medical dispatchers as being
qualified, and revoke such certification in the manner provided
in ORS 181.661 to 181.664.
(2) The board shall cause inspection of standards and training
for police officers, corrections officers, parole and probation
officers, fire service professionals, telecommunicators and
emergency medical dispatchers to be made.
(3) The board 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) Maintain and furnish to law enforcement units and public
and private safety agencies information on applicants for
appointment as police officers, fire service professionals,
corrections officers, parole and probation officers,
telecommunicators or emergency medical dispatchers in any part of
the state.
(4) 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, fire service professionals,
corrections officers or parole or probation officers, grant an
officer or fire service professional a multidiscipline
certification. Multidiscipline certification authorizes an
officer or fire service professional to work in any of the
disciplines for which the officer or fire service professional 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.
Enrolled Senate Bill 1 Page 88
(5) Pursuant to ORS 183.310 to 183.550, the board shall adopt
rules necessary to carry out its duties and powers.
**************************** SECTION 131s. { + As used in
sections 131s to 131u of this Act:
(1) 'Administrator' has the meaning given that term in ORS
416.400.
(2) 'Court' means the juvenile court or the circuit court.
(3) 'Director' means the Director of the Oregon Youth
Authority.
(4) 'Youth authority' means the Oregon Youth Authority.
(5) 'Youth offender' has the meaning given that term in ORS
419A.004. + }
**************************** SECTION 131t. { + (1) After an
opportunity for a hearing on the matter, the court or the
administrator may enter an order in favor of the Oregon Youth
Authority that requires a parent or other person legally
responsible for the support of a youth offender to pay support
toward the care and maintenance of a youth offender who is in the
legal or physical custody of the youth authority.
(2) The formula established under ORS 25.270 to 25.287 applies
to an order entered under this section.
(3) When the administrator makes an order under this section,
the provisions of ORS 416.400 to 416.470 apply. + }
**************************** SECTION 131u. { + The Director of
the Oregon Youth Authority may apply to the Department of Human
Resources for support enforcement services available under Title
IV-D of the Social Security Act with respect to any youth
offender in the legal or physical custody of the youth authority.
The youth authority and the Department of Human Resources may
enter into agreements to implement this section. + }
**************************** SECTION 131v. ORS 416.400 is
amended to read:
416.400. As used in ORS 416.400 to 416.470, unless the context
requires otherwise:
(1) 'Administrator' means either the Administrator of the
Support Enforcement Division, Department of Justice, or the
district attorney or the administrator's or the district
attorney's authorized representative.
(2) 'Court' shall mean any circuit court of this state and any
court in another state having jurisdiction to determine the
liability of persons for the support of another person.
(3) 'Court order' means any judgment, decree or order of any
Oregon court which orders payment of a set or determinable amount
of support money by a subject parent and does not include an
order or decree in any proceeding in which the court did not
order support.
(4) 'Debt' means the amount of money owed as child support
pursuant to an Oregon court order or an order entered by the
administrator under ORS 416.400 to 416.470.
(5) 'Department' means the Department of Human Resources of
this state or its equivalent in any other state from which a
written request for establishment or enforcement of a support
obligation is received under ORS 416.415. { + When support is
sought for a youth offender in the physical or legal custody of
the Oregon Youth Authority, 'department' includes the Oregon
Youth Authority. + }
(6) 'Dependent child' means any person under the age of 18 who
is not otherwise emancipated, self-supporting, married or a
member of the Armed Forces of the United States. It also means
any unmarried person between the ages of 18 and 21 who is not
Enrolled Senate Bill 1 Page 89
otherwise emancipated and who is a student regularly attending a
course of vocational or technical training designed to train that
person for gainful employment.
(7) 'Director' means the Director of the Department of Human
Resources or the director's authorized representative.
(8) 'Division' means the Support Enforcement Division of the
Department of Justice.
(9) 'Office' means the office of the Support Enforcement
Division or the office of the district attorney.
(10) 'Parent' means the natural or adoptive father or mother of
a dependent child { + or youth offender + }. 'Parent' also means
stepparent when such person has an obligation to support a
dependent child pursuant to ORS 109.053.
(11) 'Public assistance' means any money payments made by the
department which are paid to or for the benefit of any dependent
child { + or youth offender + }, including but not limited to
payments made so that food, shelter, medical care, clothing,
transportation or other necessary goods, services or items may be
provided, and payments made in compensation for the provision of
such necessities.
{ + (12) 'Youth offender' has the meaning given that term in
ORS 419A.004. + }
**************************** SECTION 131w. ORS 416.417 is
amended to read:
416.417. An order for support entered pursuant to ORS 416.400
to 416.470 for a child in the care and custody of the Children's
Services Division { + , or a youth offender in the custody of the
Oregon Youth Authority, + } may be made contingent upon the child
{ + or youth offender + } residing in a state financed or
supported residence, shelter or other facility or institution. A
certificate signed by the Assistant Director for Children's
Services { + , + } { - or - } the Administrator of the Support
Enforcement Division { + or the Director of the Oregon Youth
Authority + } shall be sufficient to establish such periods of
residence and to satisfy the order for periods of nonresidence. A
hearing to contest the period of nonresidency or failure to
satisfy shall be held pursuant to ORS 416.435.
**************************** SECTION 131x. { + If a federal
law is enacted requiring states, as a condition of receiving
federal funds for juvenile justice facilities, to prosecute as
adults persons who are 14 years of age and charged with certain
criminal offenses, the Oregon Youth Authority shall submit
legislation to the Sixty-ninth Legislative Assembly that brings
Oregon into conformance with the federal requirement. + }
**************************** SECTION 131y. ORS 161.620 is
amended to read:
161.620. Notwithstanding any other provision of law, a sentence
imposed upon any person waived from the juvenile court under ORS
419C.349, 419C.352, 419C.364 or 419C.370 shall not include any
sentence of death or life imprisonment without the possibility of
release or parole nor imposition of any mandatory minimum
sentence except that a mandatory minimum sentence under ORS
163.105 (1)(c) shall be imposed { - where the person was 17
years of age at the time of the offense - } .
{ +
VIII. CONFORMING AMENDMENTS + }
**************************** SECTION 132. Section 2, chapter
766, Oregon Laws 1993, is amended to read:
Enrolled Senate Bill 1 Page 90
{ + Sec. 2. + } { - Juvenile - } { + Youth + }
Corrections Education Program. On and after July 1, 1994, the
Department of Education shall assume responsibility for the
{ - Juvenile - } { + Youth + } Corrections Education Program,
including the employment of teachers and other staff.
**************************** SECTION 133. ORS 334.195 is
amended to read:
334.195. The education service district serving an area where
the { - Juvenile - } { + Youth + } Corrections Education
Program has students enrolled may provide services to such
students by contract to the same extent as it serves students
enrolled in a component common or union high school district
under ORS 334.175 (1). However, the program shall not be
considered a component district and the students enrolled in the
program shall not be counted in determining the number of pupils
in average daily membership for purposes of ORS 334.175 (2)(a).
However, if at any time state funds are distributed to an
education service district on a per student or other basis,
students enrolled in the { - Juvenile - } { + Youth + }
Corrections Education Program located in the district shall be
considered residents of the district for purposes of the
distribution pursuant to rules of the State Board of Education.
**************************** SECTION 133a. { + If House Bill
3177 becomes law, section 133 of this Act (amending ORS 334.195)
is repealed. + }
**************************** SECTION 133b. If House Bill 3177
becomes law, section 1, chapter ___, Oregon Laws 1995 (Enrolled
House Bill 3177), is amended to read:
{ + Sec. 1. + } The Superintendent of Public Instruction may
contract with an education service district or a school district
to provide teachers, counselors or other personnel for the
{ - Juvenile - } { + Youth + } Corrections Education Program.
However, the program shall not be considered a component district
and the students enrolled in the program shall not be counted in
determining the number of pupils in average daily membership for
purposes of ORS 334.175 (2)(a).
**************************** SECTION 134. ORS 179.750 is
amended to read:
179.750. (1) No discrimination shall be made in the admission,
accommodation, care, education or treatment of any person in a
state institution because the person does or does not contribute
to the cost of the care.
(2) No discrimination shall be made in the provision of or
access to educational facilities and services and recreational
facilities and services to any person in the state institutions
enumerated in ORS 179.321 (2) or 420.005 { - (3) - } on the
basis of race, religion, sex, marital status or national origin
of the person. This subsection shall not require combined
domiciliary facilities at the state institutions to which it
applies.
**************************** SECTION 135. ORS 419C.443 is
amended to read:
419C.443. (1) Except when otherwise provided in subsection (3)
of this section, when a { - child - } { + youth + } is found
to be within the jurisdiction of the court under ORS 419C.005 for
a first violation of the provisions under ORS 475.992 prohibiting
delivery for no consideration of less than five grams of
marijuana or prohibiting possession of less than one ounce of
marijuana, the court shall order an evaluation and designate
agencies or organizations to perform diagnostic assessment and
Enrolled Senate Bill 1 Page 91
provide programs of information and treatment. The designated
agencies or organizations must meet the standards set by the
Assistant Director for Alcohol and Drug Abuse Programs. Whenever
possible, the court shall designate agencies or organizations to
perform the diagnostic assessment that are separate from those
that may be designated to carry out a program of information or
treatment. The parent of the { - child - } { + youth + }
shall pay the cost of the { - child's - } { + youth's + }
participation in the program based upon the ability of the parent
to pay. If the program finds the parent is indigent, as defined
by the rules of the Assistant Director for Alcohol and Drug Abuse
Programs, reimbursement of program expenses can be made at rates
established by rule of the Assistant Director for Alcohol and
Drug Abuse Programs, and subject to availability, from the moneys
transferred to the Department of Human Resources under ORS
137.303 for use by alcohol and drug abuse programs. The petition
shall be dismissed by the court upon written certification of the
{ - child's - } { + youth's + } successful completion of the
program from the designated agency or organization providing the
information and treatment.
(2) Monitoring the { - child's - } { + youth's + } progress
in the program shall be the responsibility of the diagnostic
assessment agency or organization. It shall make a report to the
court stating the
{ - child's - } { + youth's + } successful completion or
failure to complete all or any part of the program specified by
the diagnostic assessment. The form of the report shall be
determined by agreement between the court and the diagnostic
assessment agency or organization. The court shall make the
report a part of the record of the case.
(3) The court is not required to make the disposition required
by subsection (1) of this section if the court determines that
the disposition is inappropriate in the case or if the court
finds that the { - child - } { + youth + } has previously
entered into { - an informal disposition - } { + a formal
accountability + } agreement under ORS 419C.239 { - (10) - }
{ + (1)(i) + }.
{ +
IX. NAME CHANGES, OPERATIVE AND EFFECTIVE DATES + }
{ +
AND FISCAL PROVISIONS + }
**************************** SECTION 136. { + (1) For the
purpose of harmonizing and clarifying statute sections published
in Oregon Revised Statutes, the Legislative Counsel may
substitute wherever they appear in ORS chapter 419C except ORS
419C.478:
(a) For words designating the Children's Services Division,
words designating the Oregon Youth Authority; and
(b) For the words 'child,' 'children' and 'child's, ' the words
'youth,' 'youths' and 'youth's. '
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute, wherever they appear in Oregon Revised
Statutes, for the words 'juvenile training school,' the words '
youth correction facility. '
(3) From the effective date of this Act until January 1, 1996,
references to the Oregon Youth Authority in sections 48 to 56 of
this Act, in the amendments by sections 57 to 87 of this Act and
Enrolled Senate Bill 1 Page 92
in the substitutions made under subsection (1) of this section
shall be considered to be references to the Department Human
Resources. + }
**************************** SECTION 136a. { + For the purpose
of harmonizing and clarifying statute sections published in
Oregon Revised Statutes, the Legislative Counsel may substitute
for words designating the Juvenile Corrections Education Program,
wherever they occur in Oregon Revised Statutes, words designating
the Youth Corrections Education Program. + }
**************************** SECTION 137. { + The unit and
section captions used in this Act are provided only for
convenience in locating provisions of this Act and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this Act. + }
**************************** SECTION 138. { + ORS 419A.290 is
repealed. + }
**************************** SECTION 139. { + ORS 420.055 is
repealed on January 1, 1996. + }
**************************** SECTION 140. { + Sections 1 to
26, 38 to 46, 131a to 131o and 131s to 131u of this Act and the
amendments by sections 88 to 131, 131q, 131r, 131v, 131w and 134
of this Act become operative on January 1, 1996. + }
**************************** SECTION 141. { + (1) In addition
to and not in lieu of any other appropriation, there is
appropriated to the Department of State Police for the biennium
beginning July 1, 1995, out of the General Fund, the sum of
$896,978 for activities related to this Act.
(2) Notwithstanding any other law, this section is subject to
Department of Administrative Services rules related to allotting,
controlling and encumbering funds. + }
**************************** SECTION 142. { + In addition to
and not in lieu of any other appropriation, there is appropriated
to the Judicial Department for the biennium beginning July 1,
1995, out of the General Fund, the sum of $1,340,560 for the
following purposes related to this Act and in the following
amounts:
(1) Operations..........................$1,052,508
(2) Mandated payments.....................$139,058
(3) Payment of indigent defense fees......$148,994 + }
**************************** SECTION 143. { + Notwithstanding
any other law appropriating money, limiting expenditures or
otherwise adjusting appropriations or expenditure limitations:
(1) The authorized appropriation for the State Office for
Services to Children and Families (Children's Services Division
of Department of Human Resources) in section 1 (2), chapter ___,
Oregon Laws 1995 (Enrolled Senate Bill 5553), is decreased by
$2,000,000; and
(2) The authorized appropriation for the Oregon Youth Authority
in section 1, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill
5543), is decreased by $2,000,000. + }
**************************** SECTION 144. { + (1) In addition
to and not in lieu of any other appropriation, there is
appropriated to the Emergency Board for the biennium beginning
July 1, 1995, out of the General Fund, the sum of $4,000,000.
Such sum may be allocated by the Emergency Board only for the
purpose of making final budget corrections to conclude the
financial separation of the Oregon Youth Authority from the
Children's Services Division.
(2) If any of the moneys referred to in subsection (1) of this
section are not allocated by the Emergency Board prior to
Enrolled Senate Bill 1 Page 93
November 1, 1996, the remaining moneys on that date become
available for any other purpose for which the Emergency Board
lawfully may allocate funds. + }
**************************** SECTION 145. { + (1) In addition
to and not in lieu of any other appropriation, the amount
appropriated to the Emergency Board for juvenile corrections
programs in section 4, chapter ___, Oregon Laws 1995 (Enrolled
Senate Bill 5543), for the biennium beginning July 1, 1995, out
of the General Fund, is increased by $162,462. Such sum may be
allocated by the Emergency Board only for the purpose of juvenile
corrections programs related to this Act.
(2) If any of the moneys referred to in subsection (1) of this
section are not allocated by the Emergency Board prior to
November 1, 1996, the remaining moneys on that date become
available for any other purpose for which the Emergency Board
lawfully may allocate funds. + }
**************************** SECTION 146. { + 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. + }
----------
Passed by Senate March 30, 1995
Repassed by Senate June 8, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 6, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 1 Page 94
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 1 Page 95