68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 1145
Sponsored by Senator BRYANT (at the request of Governor John
Kitzhaber)
CHAPTER ................
AN ACT
Relating to corrections; creating new provisions; amending ORS
135.760, 135.767, 137.124, 137.320, 137.593, 137.661, 144.085,
144.102, 144.104, 144.108, 144.232, 144.340, 144.350, 144.360,
420.011, 423.500, 423.505, 423.520, 423.525, 423.530, 423.535,
423.540, 423.555, 423.560 and 423.570; repealing ORS 423.510,
423.515, 423.545, 423.550, 423.551, 423.552, 423.553 and
423.554 and section 75, chapter __, Oregon Laws 1995 (Enrolled
Senate Bill 1); appropriating money; limiting expenditures; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. { + The Legislative
Assembly finds and declares that:
(1) Passage by the voters of chapter 2, Oregon Laws 1995
(Measure No. 11), has created mandatory minimum penalties for
certain violent offenses, and the probable effect thereof will be
a significant increase in the demands placed on state secure
facilities.
(2) These demands are a shared responsibility of the State of
Oregon and its county governments. The state recognizes that it
is in a better position than counties to assume responsibility
for serious violent offenders and career property offenders.
(3) Counties are willing, in the context of a partnership with
the state, to assume responsibility for felony offenders
sentenced to a term of incarceration of 12 months or less.
(4) Under the terms of the partnership agreement, the counties
agree to assume responsibility for the offenders described in
subsection (3) of this section, subject to the state agreeing to
provide adequate funding to the counties for this responsibility.
(5) The amendments to statutes made by sections 1a to 5, 7, 8,
9a, 9b, 9c, 10 to 14, 17 to 19 and 22 to 29 of this Act and the
provisions of sections 5a, 6, 9, and 16 of this Act are intended
to acknowledge and implement the terms of the partnership between
the state and the counties. + }
**************************** SECTION 1a. ORS 423.500 is amended
to read:
423.500. As used in ORS 423.500 to 423.560, unless the context
requires otherwise:
(1) 'Director' means the Director of the Department of
Corrections.
{ - (2) 'Advisory board' means the Community Corrections
Advisory Board created by ORS 423.510. - }
{ - (3) - } { + (2) + } 'Department' means the Department
of Corrections.
{ - (4) - } { + (3) + } 'Plan' means the
{ - comprehensive - } { + biennial + } community corrections
plan required by ORS 423.535.
{ - (5) 'Program' means those programs and services described
in ORS 423.525. - }
**************************** SECTION 2. ORS 423.505 is amended
to read:
423.505. { + Because counties are in the best position for the
management, oversight and administration of local criminal
justice matters and for determining local resource
priorities, + } it is declared to be the legislative policy of
this state to establish { + an ongoing partnership between the
state and counties + } and { + to + } finance with
appropriations from the General Fund statewide community
correction programs on a continuing basis. The intended purposes
of this program are to:
(1) Provide appropriate sentencing { - alternatives - } { +
and sanctioning options including incarceration, community
supervision and services + };
(2) Provide improved local services for persons charged with
criminal offenses with the goal of reducing the occurrence of
repeat criminal offenses;
(3) Promote local { + control and + } management of community
corrections programs; { - and - }
(4) Promote the use of the most effective criminal
{ - sanction - } { + sanctions + } necessary to { + protect
public safety, + } administer punishment to the offender
{ - , - } { + and + } rehabilitate the offender { + ; + }
{ - and protect public safety. - }
{ + (5) Enhance, increase and support the state and county
partnership in the management of offenders; and
(6) Enhance, increase and encourage a greater role for local
government and the local criminal justice system in the planning
and implementation of local public safety policies. + }
**************************** SECTION 3. ORS 423.520 is amended
to read:
423.520. The Department of Corrections shall make grants to
assist counties in the implementation and operation of community
corrections { + programs + } including, but not limited to,
preventive or diversionary correctional programs, probation,
parole, work release { - , and community corrections centers for
the care and treatment of criminal defendants - } { + and local
correctional facilities and programs for offenders + }.
**************************** SECTION 4. ORS 423.525 is amended
to read:
423.525. (1) A county may apply to the Director of the
Department of Corrections in a manner and form prescribed by the
director for financial aid made available under ORS 423.500 to
423.560. The application shall include a community corrections
plan. The director shall provide consultation and technical
assistance to counties to aid in the development and
implementation of community corrections plans.
{ + (2)(a) From July 1, 1995, until June 30, 1997, a county
may make application requesting funding for the construction,
acquisition, expansion or remodeling of correctional facilities
to serve the county or a group of counties. The department shall
review the application for funding of correctional facilities in
accordance with criteria that consider design, cost, capacity,
need, operating efficiency and viability based on the county's or
group of counties' ability to provide for ongoing operations.
Enrolled Senate Bill 1145 Page 2
(b) If the application is approved, the department shall
present the application with a request to finance the facility
with financing agreements to the State Treasurer and the Director
of the Oregon Department of Administrative Services. Upon
approval of the request by the State Treasurer, the Director of
the Oregon Department of Administrative Services and the
Legislative Assembly, the facility may be financed with financing
agreements, and certificates of participation issued pursuant
thereto, as provided in ORS 283.085 to 283.092.
(c) After approval but prior to the solicitation of bids or
proposals for the construction of a project, the county or group
of counties and the department shall enter into a written
agreement that determines the procedures, and the parties
responsible, for the awarding of contracts and the administration
of the construction project for the approved correctional
facility. If the parties are unable to agree on the terms of the
written agreement, the Governor shall decide the terms of the
agreement. The Governor's decision is final.
(3) Notwithstanding ORS 283.085, for purposes of this section,
'financing agreement' means a lease purchase agreement, an
installment sale agreement, a loan agreement or any other
agreement to finance a correctional facility described in this
section, or to refinance a previously executed financing
agreement for the financing of a correctional facility. The state
is not required to operate a correctional facility in order to
finance it under ORS 283.085 to 283.092 and this section.
(4) Notwithstanding any other provision of state law, county
charter or ordinance, a county may convey to the State of Oregon,
acting by and through the Department of Corrections, title to or
interests in any real property, facility or personal property
owned by the county for the purpose of financing the
construction, acquisition, expansion or remodeling of a
correctional facility. Upon the payment of all principal and
interest on, or upon any other satisfaction of, the financing
agreement used to finance the construction, acquisition,
expansion or remodeling of a correctional facility, the state
shall reconvey its interest in the property or facility,
including the financed construction, acquisition, expansion or
remodeling, to the county. In addition to any authority granted
by ORS 283.089, for the purposes of obtaining financing, the
state may enter into agreements under which the state may grant
to trustees or lenders leases, mortgages, deeds of trust and
other security interests in county property conveyed to the state
under this subsection and in the property or facilities financed
by financing agreements.
(5) In connection with the financing of correctional
facilities, the Director of the Oregon Department of
Administrative Services may bill the Department of Corrections,
and the Department of Corrections shall pay the amounts billed,
in the same manner as provided in ORS 283.089. As required by ORS
283.091, the Department of Corrections and the Oregon Department
of Administrative Services shall include in the Governor's budget
request to the Legislative Assembly all amounts that will be due
in each fiscal period under financing agreements for correctional
facilities. Amounts payable by the state under a financing
agreement for the construction, acquisition, expansion or
remodeling of a correctional facility are limited to available
funds as defined in ORS 283.085, and no lender, trustee,
certificate holder or county has any claim or recourse against
any funds of the state other than available funds. + }
Enrolled Senate Bill 1145 Page 3
{ - (2) - } { + (6) + } The director { - , with the advice
of the Community Corrections Advisory Board, shall adopt rules
prescribing minimum standards for the establishment, operation
and evaluation of community corrections under a community
corrections plan and other rules as - } { + shall adopt rules
that + } may be necessary for the administration { + ,
evaluation + } and implementation of ORS 423.500 to 423.560. The
standards shall be sufficiently flexible to foster the
development of new and improved supervision or rehabilitative
practices { + and maximize local control + }.
{ + (7) When a county assumes responsibility under ORS
423.500 to 423.560 for correctional services previously provided
by the department, the county and the department shall enter into
an intergovernmental agreement that includes a local community
corrections plan consisting of program descriptions, budget
allocation, performance objectives and methods of evaluating each
correctional service to be provided by the county. + }
{ - (3) - } { + (8) + } All community corrections plans
shall comply with rules adopted pursuant to ORS 423.500 to
423.560, and shall include but need not be limited to { + an
outline of the basic structure and the supervision, services and
local sanctions to be applied to offenders convicted of felonies
who are + }:
{ + (a) On parole;
(b) On probation;
(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration; and
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for a violation of a condition of parole,
probation or post-prison supervision. + }
{ - (a) Proposals for correctional programs that demonstrate
the need for the program, its purpose, objective, administrative
structure, staffing, staff training, proposed budget, evaluation
process, degree of community involvement, client participation
and duration of the program; - }
{ - (b) A provision that the correctional program shall be
available only to misdemeanants, to parolees, to probationers, to
offenders on post-prison supervision and to persons convicted of
other than murder, treason or Class A felonies; - }
{ - (c) The location and description of facilities that will
be used by the county pursuant to ORS 423.500 to 423.560,
including but not limited to halfway houses, work release centers
and jails; - }
{ - (d) The manner that probation, parole, post-prison
supervision and other correctional services will be provided.
Consideration shall be given to contracting with proven private
correctional agencies; - }
{ - (e) The manner in which counties that jointly apply for
participation under ORS 423.500 to 423.560 will operate a
coordinated community corrections program; - }
{ - (f) Correctional services that will be made available to
persons who are confined in local correctional facilities; - }
{ - (g) The manner in which the local corrections advisory
committee will participate in community corrections; and - }
{ - (h) The projected field population of parolees,
probationers and offenders on post-prison supervision. - }
{ - (4) All community corrections plans shall provide that an
adequate amount of the financial aid received under ORS 423.500
Enrolled Senate Bill 1145 Page 4
to 423.560 shall be used for staff training and that an adequate
amount of the financial aid shall be used for evaluation of
county correctional programs. The plan shall specify the manner
in which these requirements shall be met. - }
{ - (5) - } { + (9) + } All community corrections plans
shall designate a community corrections manager of the county
{ + or counties + } and shall provide that the administration of
community corrections under ORS 423.500 to 423.560 shall be under
such manager.
{ - (6) - } { + (10) + } No amendment to or modification of
an approved community corrections plan shall be placed in effect
without prior approval of the director.
**************************** SECTION 4a. On January 1, 1997,
ORS 423.525 as amended by section 4 of this Act is further
amended to read:
423.525. (1) A county { - may - } { + shall + } apply to
the Director of the Department of Corrections in a manner and
form prescribed by the director for { - financial aid - } { +
funding + } made available under ORS 423.500 to 423.560. The
application shall include a community corrections plan. The
{ - director - } { + Department of Corrections + } shall
provide consultation and technical assistance to counties to aid
in the development and implementation of community corrections
plans.
(2)(a) From July 1, 1995, until June 30, 1997, a county may
make application requesting funding for the construction,
acquisition, expansion or remodeling of correctional facilities
to serve the county or a group of counties. The department shall
review the application for funding of correctional facilities in
accordance with criteria that consider design, cost, capacity,
need, operating efficiency and viability based on the county's or
group of counties' ability to provide for ongoing operations.
(b) If the application is approved, the department shall
present the application with a request to finance the facility
with financing agreements to the State Treasurer and the Director
of the Oregon Department of Administrative Services. Upon
approval of the request by the State Treasurer, the Director of
the Oregon Department of Administrative Services and the
Legislative Assembly, the facility may be financed with financing
agreements, and certificates of participation issued pursuant
thereto, as provided in ORS 283.085 to 283.092.
(c) After approval but prior to the solicitation of bids or
proposals for the construction of a project, the county or group
of counties and the department shall enter into a written
agreement that determines the procedures, and the parties
responsible, for the awarding of contracts and the administration
of the construction project for the approved correctional
facility. If the parties are unable to agree on the terms of the
written agreement, the Governor shall decide the terms of the
agreement. The Governor's decision is final.
(3) Notwithstanding ORS 283.085, for purposes of this section,
'financing agreement' means a lease purchase agreement, an
installment sale agreement, a loan agreement or any other
agreement to finance a correctional facility described in this
section, or to refinance a previously executed financing
agreement for the financing of a correctional facility. The state
is not required to operate a correctional facility in order to
finance it under ORS 283.085 to 283.092 and this section.
(4) Notwithstanding any other provision of state law, county
charter or ordinance, a county may convey to the State of Oregon,
Enrolled Senate Bill 1145 Page 5
acting by and through the Department of Corrections, title to or
interests in any real property, facility or personal property
owned by the county for the purpose of financing the
construction, acquisition, expansion or remodeling of a
correctional facility. Upon the payment of all principal and
interest on, or upon any other satisfaction of, the financing
agreement used to finance the construction, acquisition,
expansion or remodeling of a correctional facility, the state
shall reconvey its interest in the property or facility,
including the financed construction, acquisition, expansion or
remodeling, to the county. In addition to any authority granted
by ORS 283.089, for the purposes of obtaining financing, the
state may enter into agreements under which the state may grant
to trustees or lenders leases, mortgages, deeds of trust and
other security interests in county property conveyed to the state
under this subsection and in the property or facilities financed
by financing agreements.
(5) In connection with the financing of correctional
facilities, the Director of the Oregon Department of
Administrative Services may bill the Department of Corrections,
and the Department of Corrections shall pay the amounts billed,
in the same manner as provided in ORS 283.089. As required by ORS
283.091, the Department of Corrections and the Oregon Department
of Administrative Services shall include in the Governor's budget
request to the Legislative Assembly all amounts that will be due
in each fiscal period under financing agreements for correctional
facilities. Amounts payable by the state under a financing
agreement for the construction, acquisition, expansion or
remodeling of a correctional facility are limited to available
funds as defined in ORS 283.085, and no lender, trustee,
certificate holder or county has any claim or recourse against
any funds of the state other than available funds.
(6) The director shall adopt rules that may be necessary for
the administration, evaluation and implementation of ORS 423.500
to 423.560. The standards shall be sufficiently flexible to
foster the development of new and improved supervision or
rehabilitative practices and maximize local control.
(7) When a county assumes responsibility under ORS 423.500 to
423.560 for correctional services previously provided by the
department, the county and the department shall enter into an
intergovernmental agreement that includes a local community
corrections plan consisting of program descriptions, budget
allocation, performance objectives and methods of evaluating each
correctional service to be provided by the county.
(8) All community corrections plans shall comply with rules
adopted pursuant to ORS 423.500 to 423.560, and shall include but
need not be limited to an outline of the basic structure and the
supervision, services and local sanctions to be applied to
offenders convicted of felonies who are:
(a) On parole;
(b) On probation;
(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or
less of incarceration; and
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for a violation of a condition of parole,
probation or post-prison supervision.
(9) All community corrections plans shall designate a community
corrections manager of the county or counties and shall provide
Enrolled Senate Bill 1145 Page 6
that the administration of community corrections under ORS
423.500 to 423.560 shall be under such manager.
(10) No amendment to or modification of { - an approved - }
{ + a county-approved + } community corrections plan shall be
placed in effect without prior { - approval of - } { + notice
to + } the director { + for purposes of statewide data
collection and reporting + }.
**************************** SECTION 5. ORS 423.530 is amended
to read:
423.530. (1) Financial grants for community corrections
pursuant to ORS 423.500 to 423.560 { - shall consist of: - }
{ - (a) - } { + consist of the Grant-in-Aid Program. The
Grant-in-Aid Program consists of + } { - payments from - }
moneys appropriated to the Department of Corrections for the
purposes of management, support services and supervision of
{ - parolees, probationers and offenders subject to post-prison
supervision - } { + offenders described in section 9 (2) of
this 1995 Act + }. The department shall determine, prior to July
1 of each odd-numbered year, each county's percentage share of
the amount appropriated for the purposes of this subsection.
Such determination shall be { - made by use of a workload - }
{ + based upon a weighted + } formula { + of workload and
population as + } adopted by the department by rule { - , which
formula shall be in effect beginning July 1, 1991, and which
formula shall include all parole and probation appropriations
subject to review and comment by the Community Corrections
Advisory Board before the rule becomes final. This determination
shall be based upon the community supervision workload and the
difficulty and cost of servicing that workload - } . { + In
adopting the rule, the department shall consult with a broad
based committee including, but not limited to, representatives of
the Department of Corrections, local county community
corrections, county boards of commissioners and county
sheriffs. + }
{ - (b) Enhancement grants from the department for the
purpose of providing community corrections services. The
department shall determine, prior to July 1 of each odd-numbered
year, each county's percentage share of the amount appropriated
for the purposes of this subsection. Such determination shall be
made by use of a workload formula adopted by the department by
rule, which formula shall be in effect beginning July 1, 1993.
This determination shall be based upon the community supervision
workload and the difficulty and cost of servicing that workload.
The formula shall be subject to review and comment by the
Community Corrections Advisory Board before it becomes final. - }
{ + + }
{ - (c) - } { + (2) + } { - Appropriations to
counties - } { + Funding received by a county + } pursuant to
ORS { - 423.550 - } { + 423.500 + } to 423.560 approved for
{ - local government - } { + county + } corrections programs
shall not be reduced by the department except by action of the
Legislative Assembly or the Emergency Board. Such reductions
shall be made proportionately using the applicable allocation
formula.
{ - (2) The department shall by rule provide for computation
of each county's entitlement in each biennial period in the event
participation by the county is for less than a biennial period.
Such computation shall be based upon any actions approved by the
Legislative Assembly relative to the timing of expenditures with
Enrolled Senate Bill 1145 Page 7
respect to appropriations for purposes of subsection (1) of this
section. - }
**************************** SECTION 5a. { + (1) The New
Impact Fund is created consisting of moneys appropriated to the
Department of Corrections for the biennium beginning July 1,
1995, for the purposes of planning, management, support services
and supervision of offenders convicted of felonies who are
sentenced to 12 months or less of incarceration and offenders
convicted of felonies who have violated the conditions of parole,
probation or post-prison supervision when the sanction imposed by
a court or the State Board of Parole and Post-Prison Supervision
for the violation is 12 months or less.
(2) The Department of Corrections shall allocate the moneys in
the New Impact Fund based on each county's percentage share of
the estimated fiscal year incarceration impact of offenders
convicted of felonies who are sentenced to 12 months or less and
persons convicted of felonies who have violated the conditions of
parole, probation or post-prison supervision when the sanction
imposed by a court or the State Board of Parole and Post-Prison
Supervision for the violation is 12 months or less. + }
**************************** SECTION 6. { + (1) The baseline
funding for biennia beginning after June 30, 1997, is the current
service level for the expenses of providing management, support
services, supervision and sanctions for offenders described in
section 9 (2) of this Act. At a minimum, each biennium's
appropriation must be established at this baseline.
(2) If the total state community corrections appropriation is
less than the baseline calculated under subsection (1) of this
section, a county may discontinue participation by written
notification to the director 180 days prior to implementation of
the change. If a county discontinues participation, the
responsibility for correctional services transferred to the
county, and the portion of funding made available to the county
under ORS 423.530 reverts to the Department of Corrections. In no
case does responsibility for supervision and provision of
correctional services to misdemeanor offenders revert to the
department.
(3) As used in this section, 'current service level' means the
calculated cost of continuing current legislatively funded
programs, phased in programs and increased caseloads minus
one-time costs, decreased caseloads, phased out programs and
pilot programs with the remainder adjusted for inflation as
determined by the Legislative Assembly in its biennial
appropriation to the Department of Corrections. + }
**************************** SECTION 7. ORS 423.535 is amended
to read:
423.535. { - (1) To receive moneys for the operation of the
community corrections program authorized by ORS 423.500 to
423.560, the county must notify the Director of the Department of
Corrections 90 days prior to the proposed beginning date of
participation. Such notification shall be by resolution of the
appropriate board or boards of county commissioners. - }
{ - (2) - } { + (1) + } Prior to { - participation in the
program - } { + receiving funds + }, the county shall have a
{ - comprehensive - } { + biennial + } community corrections
plan { - approved by the department - } .
{ - (3) The Department of Corrections, in consultation with
the respective board of county commissioners, may use moneys
which would have been made available to the county pursuant to
Enrolled Senate Bill 1145 Page 8
ORS 423.530 (1) and (2) to provide the community corrections
services described therein. In providing such services, - }
{ + (2) The county and the Department of Corrections shall
enter into an intergovernmental agreement referring to the plan.
(3) + } The { - department - } { + county + } may contract
with public or private agencies { + including, but not limited
to, other counties, cities, special districts and public or
private agencies + } for the provision of services to
{ + offenders. + } { - convicted felons. Any agreement to
reimburse counties for the cost of providing services for felons
shall include a provision that the department shall deduct from
such reimbursement the cost incurred by the department of
supervising misdemeanant probationers. - }
**************************** SECTION 8. ORS 423.540 is amended
to read:
423.540. (1) The Director of the Department of Corrections
shall { - periodically review the performance of counties
participating - } { + annually review a county's compliance
with the intergovernmental agreement + } under ORS 423.500 to
423.560. A county must substantially comply with the provisions
of its community corrections { + intergovernmental agreement
and + } plan { - and the operating standards - } established
pursuant to ORS 423.525 { + (7) + } { - (2) to remain eligible
to participate - } . If the director determines that there are
reasonable grounds to believe that a county is not in substantial
compliance with the { + intergovernmental agreement or + } plan
{ - or operating standards - } , the director shall { + contact
the county regarding the alleged noncompliance and offer
technical assistance to reach compliance. If the county does not
resolve the alleged noncompliance, the director shall + }, after
giving the county not less than 30 days' notice, conduct a
hearing to ascertain whether there is substantial compliance or
satisfactory progress being made toward compliance. After
{ + technical assistance is provided and + } the hearing { +
occurs + }, the director { - , with the advice of the Community
Corrections Advisory Board, - } may suspend any portion of
{ - financial aid - } { + the funding + } made available to
the county under ORS 423.500 to 423.560 until the required
compliance occurs.
(2) { - Financial aid - } { + Funding + } received by a
county pursuant to ORS 423.530 shall not be used to replace
moneys, other than federal or state funds, currently being used
by the county for existing correctional programs { + . + }
{ - for misdemeanants and shall not be used to develop, build or
improve local correctional facilities as defined by ORS 169.005
(3). - }
**************************** SECTION 9. { + (1) The Department
of Corrections shall:
(a) Operate prisons for offenders sentenced to terms of
incarceration for more than 12 months;
(b) Provide central information and data services; and
(c) Provide interstate compact administration and jail
inspections.
(2) Subject to section 6 of this Act, the county, in
partnership with the department, shall assume responsibility for
community-based supervision, sanctions and services for offenders
convicted of felonies who are:
(a) On parole;
(b) On probation;
(c) On post-prison supervision;
Enrolled Senate Bill 1145 Page 9
(d) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration; and
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for violation of a condition of parole,
probation or post-prison supervision.
(3)(a) Notwithstanding the fact that the court has sentenced a
person to a term of incarceration, when an offender is committed
to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the
sentence by imposing sanctions other than incarceration if deemed
appropriate by the supervisory authority.
(b) If the supervisory authority imposes a sanction other than
incarceration on a person under paragraph (a) of this subsection,
the supervisory authority shall promptly notify the sentencing
court and the district attorney of the imposition of the
alternative sanction.
(c) Prior to the imposition of a sanction other than
incarceration by the supervisory authority, or within four
judicial days after receiving notice from the supervisory
authority that an alternative sanction has been imposed on a
person pursuant to paragraph (a) of this subsection, the court,
upon motion of the district attorney or on its own motion, may
direct the supervisory authority to execute the sentence by
incarcerating the person. + }
**************************** SECTION 9a. ORS 137.593 is amended
to read:
137.593. (1) Except as otherwise provided in subsection (2) of
this section, when a court suspends the imposition or execution
of sentence and places a defendant on probation, or sentences a
defendant to probation under the rules of the State Sentencing
Guidelines Board and orders a defendant placed under the
supervision of the Department of Corrections or a county
community corrections agency, the Department of Corrections or
the county community corrections agency shall impose structured,
intermediate sanctions for the violation of conditions of
probation in accordance with rules adopted under ORS 137.595.
Under no circumstances may the Department of Corrections or a
county community corrections agency revoke probation.
(2) { + Notwithstanding ORS 137.124, section 9 of this 1995
Act and any other provision of law, + } the sentencing judge
shall retain authority:
(a) To revoke probation and receive recommendations regarding
revocation of probation from the supervising officer made in
accordance with rules adopted under ORS 137.595;
(b) To determine whether conditions of probation have been
violated and to impose sanctions for the violations if the court,
at the time of sentencing, states on the record that the court is
retaining such authority; { - and - }
(c) To cause a probationer to be brought before the court for a
hearing upon motion of the district attorney or the court's own
motion prior to the imposition of any structured, intermediate
sanctions or within four judicial days after receiving notice
that a structured, intermediate sanction has been imposed on the
probationer pursuant to rules adopted under ORS 137.595 and to
revoke probation or impose such other or additional sanctions or
modify the conditions of probation as authorized by law { + ; and
(d) To impose and require an offender to serve a period of
incarceration not to exceed 180 days as a sanction for revocation
of probation + }.
Enrolled Senate Bill 1145 Page 10
(3) In no case may the sentencing judge cause a probationer to
be brought before the court for a hearing and revoke probation or
impose other or additional sanctions after the probationer has
completed a structured, intermediate sanction imposed by the
Department of Corrections or a county community corrections
agency pursuant to rules adopted under ORS 137.595.
**************************** SECTION 9b. ORS 135.760 is amended
to read:
135.760. (1) Any inmate in the custody of the Department of
Corrections { + or of the supervisory authority of a county
pursuant to a commitment under ORS 137.124 (2) + } against whom
there is pending at the time of commitment or against whom there
is filed at any time during imprisonment, in any court of this
state, an indictment, information or criminal complaint charging
the inmate with the commission of a crime, may give written
notice to the district attorney of the county in which the inmate
is so charged requesting the district attorney to prosecute and
bring the inmate to trial on the charge forthwith.
(2) The notice provided for in subsection (1) of this section
shall be signed by the inmate and set forth the place and term of
imprisonment. A copy of the notice shall be sent to the court in
which the inmate has been charged by indictment, information or
complaint.
**************************** SECTION 9c. ORS 135.767 is amended
to read:
135.767. (1) Whenever the presence of an inmate in the custody
of the Department of Corrections { + or of the supervisory
authority of a county pursuant to a commitment under ORS 137.124
(2) + } is necessary in any criminal proceeding under ORS 135.760
to 135.773, the court wherein the inmate is charged with the
commission of a crime may issue an order directing the Director
of the Department of Corrections { + or the supervisory
authority of a county + } to surrender the inmate to the sheriff
of the county where the inmate is to be tried.
(2) The costs of transportation and maintenance of any inmate
removed under this section shall be paid by the county where the
inmate is charged with commission of a crime.
(3) At the conclusion of any criminal proceeding under ORS
135.760 to 135.773, notwithstanding the provisions of ORS
137.140, the inmate shall be returned by the sheriff to the
custody of the Department of Corrections { + or the supervisory
authority of the county in which the inmate is imprisoned + }.
(4) The time during which an inmate is in the custody of the
sheriff under this section is part of and shall be counted as
time served under the original sentence.
**************************** SECTION 10. ORS 423.555 is amended
to read:
423.555. The Department of Corrections shall establish and
operate { + , with the cooperation and participation of county
community corrections agencies, + } a statewide evaluation and
information system to monitor the effectiveness of correctional
services provided to criminal { - defendants - } { +
offenders + } under ORS 423.500 to 423.560.
**************************** SECTION 11. ORS 423.560 is amended
to read:
423.560. (1) The board or boards of county commissioners of a
county { - that is participating under ORS 423.500 to 423.560
shall designate a local corrections advisory committee - } { +
shall convene a local public safety coordinating council + }. The
Enrolled Senate Bill 1145 Page 11
{ - committee - } { + council + } shall include { + , but need
not be limited to + }:
{ - (a) A law enforcement officer; - }
{ - (b) A district attorney; - }
{ - (c) A circuit court judge; - }
{ - (d) A public defender or defense attorney; - }
{ - (e) A probation or parole officer; - }
{ - (f) A representative of a private correctional agency, if
a suitable agency exists in the county; - }
{ - (g) A county commissioner from each county; - }
{ - (h) Seven lay citizens, one of which shall be a member of
a minority ethnic group if such a group exists in the county;
and - }
{ - (i) An ex-offender. - }
{ + (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 committee shall actively participate in the
design of the county's community corrections plan and application
for financial aid, observe the operation of community corrections
in the county, make an annual report and develop appropriate
recommendations for improvement or modification to the county
commissioners or community corrections manager of the county. - }
{ + The boards of county commissioners of two or more counties
may jointly convene a single, regional local public safety
coordinating council by means of an intergovernmental agreement.
Local officials may combine the council with existing local
criminal justice advisory councils established under ORS 1.851.
The local public safety coordinating council shall, at a minimum:
(a) Develop and recommend to the county board of commissioners
a plan for use of:
(A) State resources to serve the local offender population; and
(B) State and local resources to serve the needs of that part
of the local offender population who are at least 15 years of age
and less than 18 years of age, which plan must provide for
coordination of community-wide services involving prevention,
treatment, education, employment resources and intervention
strategies; and
(b) Coordinate local criminal justice policy among affected
criminal justice entities. + }
Enrolled Senate Bill 1145 Page 12
**************************** SECTION 11a. If Senate Bill 1
becomes law, section 75, chapter __, Oregon Laws 1995 (Enrolled
Senate Bill 1) is amended to read:
{ + Sec. 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. - }
{ + In addition to the duties assigned to it under ORS
423.560, + } the local public safety coordinating council { +
convened by the board of commissioners + } 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 12. ORS 137.124 is amended
to read:
137.124. (1) If the court imposes a sentence { - of
imprisonment - } upon conviction of a felony { + that includes
a term of incarceration that exceeds 12 months: + } { - , - }
{ + (a) + } { - it - } { + The court + } shall not
designate the correctional facility in which the defendant is to
be confined but shall commit the defendant to the legal and
physical custody of the Department of Corrections { + ; and
(b) If the judgment provides that the term of incarceration be
served consecutively to a term of incarceration of 12 months or
less that was imposed in a previous proceeding by a court of this
Enrolled Senate Bill 1145 Page 13
state upon conviction of a felony, the defendant shall serve any
remaining part of the previously imposed term of incarceration in
the legal and physical custody of the Department of Corrections.
(2)(a) If the court imposes a sentence upon conviction of a
felony that includes a term of incarceration that is 12 months or
less, the court shall commit the defendant to the legal and
physical custody of the supervisory authority of the county in
which the crime of conviction occurred.
(b) Notwithstanding paragraph (a) of this subsection, when the
court imposes a sentence upon conviction of a felony that
includes a term of incarceration that is 12 months or less, the
court shall commit the defendant to the legal and physical
custody of the Department of Corrections if the court orders that
the term of incarceration be served consecutively to a term of
incarceration that exceeds 12 months that was imposed in a
previous proceeding or in the same proceeding by a court of this
state upon conviction of a felony. + }
{ - (2) - } { + (3) + } After assuming custody of the
convicted person the Department of Corrections may transfer
inmates from one correctional facility to another such facility
for the purposes of diagnosis and study, rehabilitation and
treatment, as best seems to fit the needs of the inmate and for
the protection and welfare of the community and the inmate.
{ - (3) - } { + (4) + } 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 - } { + supervisory authority of the
county in which the crime of conviction occurred + }.
{ - (4) - } { + (5) + }(a) When a person under 18 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
custody of the Department of Corrections { + or the supervisory
authority of a county + }, the department { + or the supervisory
authority of a county + } shall transfer the person to a juvenile
training school for physical custody as provided in ORS 420.011
(3).
(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
for physical custody as provided in ORS 420.011 (3).
**************************** SECTION 12a. If Senate Bill 1
becomes law, section 12 of this Act (amending ORS 137.124) is
repealed and on January 1, 1997, ORS 137.124, as amended by
section 57a, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill
1), is further amended to read:
137.124. (1) { - (a) - } If the court imposes a sentence
{ - of imprisonment - } upon conviction of a felony { - ,
it - } { + that includes a term of incarceration that exceeds
12 months: + }
{ + (a) The court + } shall not designate the correctional
facility in which the defendant is to be confined but shall
commit the defendant to the legal and physical custody of the
Department of Corrections { + ; and
(b) If the judgment provides that the term of incarceration be
served consecutively to a term of incarceration of 12 months or
less that was imposed in a previous proceeding by a court of this
state upon conviction of a felony, the defendant shall serve any
Enrolled Senate Bill 1145 Page 14
remaining part of the previously imposed term of incarceration in
the legal and physical custody of the Department of Corrections.
(2)(a) If the court imposes a sentence upon conviction of a
felony that includes a term of incarceration that is 12 months or
less, the court shall commit the defendant to the legal and
physical custody of the supervisory authority of the county in
which the crime of conviction occurred.
(b) Notwithstanding paragraph (a) of this subsection, when the
court imposes a sentence upon conviction of a felony that
includes a term of incarceration that is 12 months or less, the
court shall commit the defendant to the legal and physical
custody of the Department of Corrections if the court orders that
the term of incarceration be served consecutively to a term of
incarceration that exceeds 12 months that was imposed in a
previous proceeding or in the same proceeding by a court of this
state upon conviction of a felony + }.
{ - (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) - } { + (3) + } After assuming custody of the
convicted person the Department of Corrections may transfer
inmates from one correctional facility to another such facility
for the purposes of diagnosis and study, rehabilitation and
treatment, as best seems to fit the needs of the inmate and for
the protection and welfare of the community and the inmate.
{ - (3) - } { + (4) + } 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 - } { + supervisory authority of the
county in which the crime of conviction occurred + }.
{ - (4)(a) - } { + (5)(a) + } When a person under 18 years
of age is sentenced and committed to the Department of
Corrections under section 49 { + , chapter ___, Oregon Laws 1995
(Enrolled Senate Bill 1) + } { - 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:
Enrolled Senate Bill 1145 Page 15
(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) - } { + (6)(a) + } When a person under 18 years
of age is committed to the legal and physical custody of the
Department of Corrections { + or the supervisory authority of a
county + } following waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 or sentencing under section 49 (5)(b)(A) or
(7)(b) { + , chapter ___, Oregon Laws 1995 (Enrolled Senate Bill
1) + } { - of this 1995 Act - } , the Department of Corrections
{ + or the supervisory authority of a county + } shall transfer
the person to the physical custody of the Oregon Youth Authority
for placement as provided in ORS 420.011 (3). The terms and
conditions of the person's incarceration and custody are governed
by sections 52 to 56 { + , chapter ___, Oregon Laws 1995
(Enrolled Senate Bill 1) + } { - 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).
{ + (7) If the Director of the Oregon Youth Authority concurs
in the decision, the Department of Corrections or the supervisory
authority of a county shall transfer the physical custody of a
person committed to the Department of Corrections or the
supervisory authority of the county under subsection (1) or (2)
of this section to the Oregon Youth Authority as provided in ORS
420.011 (2) if:
(a) The person was at least 18 years of age but under 20 years
of age at the time of committing the felony for which the person
is being sentenced to a term of incarceration;
(b) The person has not been committed previously to the legal
and physical custody of the Department of Corrections or the
supervisory authority of a county;
(c) The person has not been convicted and sentenced to a term
of incarceration for the commission of a felony in any other
state;
(d) The person will complete the term of incarceration 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. + }
Enrolled Senate Bill 1145 Page 16
{ - (6) - } { + (8) + } Notwithstanding the provisions of
subsections
{ - (1)(b) and (4)(a)(A) - } { + (5)(a)(A) or (7) + } of this
section, the department { + or the supervisory authority of a
county + } may not transfer the physical custody of the person
under subsection
{ - (1)(b) or (4)(a)(A) - } { + (5)(a)(A) or (7) + } of this
section if the Director of the Oregon Youth Authority, after
consultation with the Department of Corrections { + or the
supervisory authority of a county + }, determines that, because
of the person's age, immaturity, mental or emotional condition or
risk of physical harm to other persons, the person should not be
incarcerated in a youth correction facility.
**************************** SECTION 13. ORS 137.661 is amended
to read:
137.661. All officers, boards, commissions and other agencies
of the State of Oregon shall cooperate with the Oregon Criminal
Justice Council to accomplish the purposes of this section and
ORS 137.651, 137.653 { - , - } { + and + } 137.655 { - and
423.510 - } .
**************************** SECTION 13a. { + If House Bill
2704 becomes law, section 13 of this Act (amending ORS 137.661)
is repealed. + }
**************************** SECTION 14. ORS 423.570 is amended
to read:
423.570. (1) A person sentenced to probation or placed by an
authority on parole, post-prison supervision or other form of
release, subject to supervision by { - either the Department of
Corrections or, directly or indirectly, by - } a community
corrections program established under ORS 423.500 to 423.560,
shall be required to pay a monthly fee to offset costs of
supervising the probation, parole, post-prison supervision or
other supervised release.
(2) A person sentenced to probation or placed by an authority
on parole, post-prison supervision or other form of release,
subject to supervision other than by { - either the Department
of Corrections or - } a community corrections program
established under ORS 423.500 to 423.560, may be required by the
releasing authority to pay a monthly fee to offset costs of
supervising the probation, parole, post-prison supervision or
other supervised release.
(3) When a fee is required under subsection (1) of this
section, the fee shall be determined and fixed by the releasing
authority but shall be at least $25, and if the releasing
authority fails to establish the amount of a released person's
required fee, the fee shall be $25.
(4) Fees are payable one month following the commencement of
probation, parole, post-prison supervision or other supervised
release and at one-month intervals thereafter. { - Fees shall
be collected as follows: - }
{ - (a) - } If the released person is supervised under
county authority { - , other than by the Department of
Corrections - } , the county shall collect or provide by contract
for the collection of the fee from the released person and shall
retain the fee to be used by the county for funding of its
community corrections program { - or, if it has no community
corrections program, then for general governmental purposes - } .
{ - (b) If the released person is supervised by the
Department of Corrections, the department shall collect or
provide by contract for the collection of the fee from the
Enrolled Senate Bill 1145 Page 17
released person and shall retain the fee. Moneys received by the
Department of Corrections are continuously appropriated to the
Department of Corrections for use in financing department field
services. - }
(5) Except in the case of a probation granted by a court before
that date, the fee requirements imposed by this section apply
beginning July 1, 1981, to all persons under supervised
probation, parole, post-prison supervision or other form of
supervised release pursuant to subsection (1) of this section,
including persons on such supervised release in this state under
any interstate agreement. Timely payment of the fee is hereby
made a condition of such probation, parole, post-prison
supervision or other supervised release. In the case of a
probation granted by a court prior to July 1, 1981, the court may
amend its order granting probation to provide for payment of the
fee.
(6) In cases of financial hardship or when otherwise advisable
in the interest of the released person's rehabilitation:
(a) The community corrections { - program director or the
Director of the Department of Corrections, whichever is
appropriate, or the designee thereof, - } { + manager + } may
waive or reduce the amount of the fee.
(b) The sentencing court may waive or reduce the amount of the
fee for any person whom the court has sentenced to probation. If
any of the fee requirement is reduced by the court, only the
court may restore the requirement.
**************************** SECTION 15. { + ORS 423.550 is
repealed and section 16 of this Act is enacted in lieu
thereof. + }
**************************** SECTION 16. { + (1)
Notwithstanding ORS 236.605 to 236.650, all state positions in
the state community corrections branch of the Department of
Corrections, the funding for which is transferred to counties,
are abolished on January 1, 1997. Counties have sole discretion
in the development of methods and means of county community
corrections operation under ORS 423.500 to 423.560 including
establishment of wages, benefits and working conditions and
selection of any employees to operate supervision programs or
other services and sanctions under ORS 423.525 and section 9 of
this 1995 Act. The implementation of this section does not give
rise to any bargaining obligation under ORS 243.650 to 243.782.
Notwithstanding any collective bargaining agreement, the
department shall first offer to any employee so affected and not
hired by a county a vacant position in other department branches
and operations for which the employee is qualified. This
preference lapses 90 days after the operative date of this
section. The department has sole discretion in selecting and
filling vacant positions from among affected employees having
preference.
(2) Notwithstanding subsection (1) of this section, for each
month of employment during the period of January 1, 1997, through
June 30, 1997, a county shall pay each affected employee hired by
the county in regular full-time employment to provide or to
support the provision of community corrections programs and
services the same minimum gross monthly salary or hourly wage
that the affected employee received in state employment
immediately prior to termination of the employee's state
position. In the event an affected employee formerly employed by
the state in a supervisory position is hired by a county in a
nonsupervisory position, the county shall pay the affected
Enrolled Senate Bill 1145 Page 18
employee during this period the same minimum gross monthly salary
or hourly wage to which an affected employee in the
nonsupervisory position would have been entitled to receive in
state employment at the top step of the state pay classification
for that position immediately prior to its termination. A county
shall also provide to each affected employee during this period
the same benefits provided to existing county employees
performing the same or substantially similar work, giving full
consideration to the length of the employee's state service as
though the service had been in and for the county. + }
**************************** SECTION 17. ORS 144.108 is amended
to read:
144.108. (1) If the violation of post-prison supervision is new
criminal activity or if the supervisory authority finds that
{ - local - } { + the continuum of + } sanctions
{ - are - } { + is + } insufficient punishment for a violation
of the conditions of post-prison supervision, the supervisory
authority may request the State Board of Parole and Post-Prison
Supervision to { - return the released person to a state
correctional facility - } { + impose the most restrictive local
option available, including incarceration in jail + }.
(2) If so requested, the board or its designated representative
shall hold a hearing to determine whether
{ - imprisonment - } { + incarceration in jail + }is
appropriate. Except as otherwise provided by rules of the
Department of Corrections concerning parole and post-prison
supervision violators, the board may impose a { - term of
imprisonment - } { + sanction + } up to the maximum provided by
rules of the State Sentencing Guidelines Board. In conducting a
hearing pursuant to this subsection, the board or its designated
representative shall follow the procedures and the offender shall
have all the rights described in ORS 144.343 and 144.347 relating
to revocation of parole.
(3) A person who is ordered to serve a term of
{ - imprisonment - } { + incarceration in jail + } as a
sanction for a post-prison supervision violation is not eligible
for:
(a) Earned credit time as defined in ORS 421.121;
(b) Transitional leave as defined in ORS 421.168; or
(c) Temporary leave as defined in ORS 421.165.
(4) A person who is ordered to serve a term of
{ - imprisonment - } { + incarceration in jail + } as a
sanction for a post-prison supervision violation shall receive
credit for time served { - in a state or local correctional
facility - } on the post-prison supervision violation prior to
the board's imposition of a term of
{ - imprisonment - } { + incarceration in jail + }.
**************************** SECTION 18. ORS 144.232 is amended
to read:
144.232. (1) A person sentenced under ORS 161.725 and 161.735
as a dangerous offender for felonies committed on or after
November 1, 1989, shall be considered for release to post-prison
supervision. The offender is eligible for release to post-prison
supervision after having served the required incarceration term
established under ORS 161.737.
(2) The State Board of Parole and Post-Prison Supervision shall
hold a release hearing no later than 10 days prior to the date on
which the offender becomes eligible for release on post-prison
supervision as provided in subsection (1) of this section.
Enrolled Senate Bill 1145 Page 19
(3) The dangerous offender's eligibility for and release to
post-prison supervision shall be determined in a manner
consistent with the procedures and criteria required by ORS
144.228 for the parole determination process applicable to
dangerous offenders sentenced for crimes committed prior to
November 1, 1989.
(4) An offender released under this section shall serve the
remainder of the sentence term imposed under ORS 161.725, 161.735
and 161.737 on post-prison supervision, however:
(a) Notwithstanding ORS 137.010 or the rules of the State
Sentencing Guidelines Board, the State Board of Parole and
Post-Prison Supervision may { - return an offender to
prison - } { + sanction an offender to the supervision of the
local authority + } for a maximum period of 180 days { - as a
sanction - } for any supervision violation. The sanction may be
imposed repeatedly during the term of post-prison supervision for
subsequent supervision violations.
(b) After release under this section, the board may at any time
return the offender to prison and require the offender to submit
to a psychiatric or psychological examination as provided for in
ORS 144.226. If the board finds that the offender's dangerousness
has returned and cannot be adequately controlled with supervision
and mental and physical health treatment, or that resources for
supervision and treatment are not available to the offender, the
board may defer the offender's release from prison for an
indefinite period of time. An offender returned to prison under
this paragraph is entitled to periodic reviews once every two
years for possible release to post-prison supervision as provided
by subsection (3) of this section.
**************************** SECTION 19. ORS 144.340 is amended
to read:
144.340. (1) The Department of Corrections, in accordance with
the rules and regulations or directions of the State Board of
Parole and Post-Prison Supervision or the Governor, as the case
may be, may cause to have retaken and returned persons to the
institution, { + or to the supervision of the local
authority, + } whether in or out of the state, whenever they have
violated the conditions of their parole or post-prison
supervision.
(2) Persons retaken and returned to this state from outside the
state upon order or warrant of the Department of Corrections,
State Board of Parole and Post-Prison Supervision or the
Governor, for violation of conditions of their parole or
post-prison supervision, shall be detained in a Department of
Corrections facility pending any hearing concerning the alleged
violation, and ultimate disposition by the State Board of Parole
and Post-Prison Supervision.
{ + (3) Persons retaken and returned to this state from
outside the state under this section are liable for the costs and
expenses of retaking and returning the person upon:
(a) A finding by the State Board of Parole and Post-Prison
Supervision of present or future ability to pay; and
(b) Order of the State Board of Parole and Post-Prison
Supervision. + }
**************************** SECTION 20. { + (1) No later than
November 1, 1996, the State Sentencing Guidelines Board shall
amend its rules to make the rules consistent with the amendments
to statutes made by sections 1a to 5, 7, 8, 9a, 9b, 9c, 10 to 14,
17 to 19, 22 to 26 and 29 of this Act and the provisions of
sections 5a, 6, 9 and 16 of this Act.
Enrolled Senate Bill 1145 Page 20
(2) ORS 137.667 does not apply to amendments to rules adopted
pursuant to subsection (1) of this section. + }
{ + **************************** NOTE: + } Section 21 was
deleted by amendment. Subsequent sections were not renumbered.
**************************** SECTION 22. ORS 144.085 is amended
to read:
144.085. (1) { - The State Board of Parole and Post-Prison
Supervision shall adopt rules providing for periods of supervised
parole and post-prison supervision subject to the following: - }
{ - (a) - } All prisoners { + sentenced to prison for more
than 12 months + } shall serve { - at least - } { + active
periods of parole or post-prison supervision as follows + }:
{ - (A) - } { + (a) + } Six months of { - supervised - }
{ + active + } parole or post-prison supervision for crimes in
crime categories one to three;
{ - (B) - } { + (b) + } Twelve months of
{ - supervised - } { + active + } parole or post-prison
supervision for crimes in crime categories four to
{ - six; and - } { + 10; + }
{ - (C) Eighteen months of supervised parole or post-prison
supervision for crimes in crime categories seven to eleven; - }
{ - (b) - } { + (c) + } Prisoners sentenced as dangerous
offenders under ORS 161.725 and 161.735, for aggravated murder
under ORS 163.105 or for murder under ORS 163.115 shall serve at
least three years of { - supervised - } { + active + } parole
or post-prison supervision; { - and - }
{ - (c) - } { + (d) + } Prisoners sentenced for violating
or attempting to violate ORS 163.375, 163.405, 163.408, 163.411,
163.425 or 163.427 shall serve a term of post-prison supervision
as provided in ORS 144.103 { + ; and
(e) Prisoners sentenced for robbery in the first degree under
ORS 164.415 or for arson in the first degree under ORS 164.325
shall serve three years of active parole or post-prison
supervision + }.
{ + (2) Except as authorized in subsections (3) and (4) of
this section, when an offender has served the active period of
parole or post-prison supervision established under subsection
(1)(a) or (b) of this section, the supervisory authority shall
place the offender on inactive supervision status. + }
{ - (2) - } { + (3) + } No sooner than 30 days prior to the
{ - minimum supervision date - } { + expiration + } of an
offender's { - supervised - } { + active + } parole or
post-prison supervision { + period as provided in subsection (1)
of this section + }, the { - supervising officer - } { +
supervisory authority + } may send to the board a { - closing
summary - } { + report requesting the board to extend the
active supervision period or to return the offender to active
supervision status, not to exceed the supervision term imposed by
the sentencing court under the rules of the State Sentencing
Guidelines Board and applicable laws, + } if the offender has
{ + not + } substantially fulfilled the supervision
conditions { + or has failed to complete payment of
restitution + }. The { - summary - } { + report + } shall
include:
(a) An evaluation of the offender's compliance with supervision
conditions;
(b) The status of the offender's court ordered monetary
obligations, including fines and restitution, if any;
(c) The offender's employment status;
(d) The offender's address;
Enrolled Senate Bill 1145 Page 21
(e) Treatment program outcome;
(f) Any new criminal activity; and
(g) A recommendation that the board { - place the offender on
unsupervised parole or post-prison supervision - } { + extend
the supervision period or return the offender to active
supervision status + }.
{ - (3) Upon completion of the period of supervision and
after reviewing the closing summary submitted under subsection
(2) of this section, the board may: - }
{ - (a) Order a period of inactive parole or post-prison
supervision that shall continue until the expiration of the
sentence; or - }
{ - (b) - } { + (4) After reviewing the report submitted
under subsection (3) of this section, the board may + } extend
the { + active + } supervision period { + or return the
offender to active supervision status, not to exceed the
supervision term imposed by the sentencing court under the rules
of the State Sentencing Guidelines Board and applicable laws, + }
if it finds the offender has not substantially fulfilled the
supervision conditions or has failed to complete payment of
restitution.
{ - (4) - } { + (5) + } During the pendency of any
violation proceedings, the running of the supervision period and
the sentence is stayed, and the board has jurisdiction over the
offender until the proceedings are resolved.
{ - (5) - } { + (6) + } The board shall send written
notification to the supervised offender of the expiration of the
sentence.
**************************** SECTION 23. ORS 144.102 is amended
to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision shall specify in writing the conditions of
post-prison supervision imposed under ORS 144.096. A copy of the
conditions shall be given to the person upon release from prison.
(2) The board shall determine, and may at any time modify, the
conditions of post-prison supervision which may include, among
other conditions, that the person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives { + or other supervisory authority + }
and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board { + , the
department + } or the { - department's - } supervisory
authority.
(d) Report to the parole officer as directed by the board { + ,
the department + } or the { - department's - } supervisory
authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, at its discretion, punish
violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board requires attendance
under this paragraph, the board may require the person, as an
additional condition of post-prison supervision, to pay a
reasonable fee to the victim impact program to offset the cost of
the person's participation. The board shall not order a person to
pay a fee in excess of $5 under this paragraph.
Enrolled Senate Bill 1145 Page 22
(3) The board may establish such special conditions as it shall
determine are necessary because of the individual circumstances
of the person under post-prison supervision.
(4) The board may require the person to pay, as a condition of
post-prison supervision, any compensatory fines, restitution or
attorney fees imposed by the sentencing court.
(5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress may not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
**************************** SECTION 24. ORS 144.104 is amended
to read:
144.104. (1) Upon release from prison, the person shall be
supervised by the Department of Corrections or { - the
corrections agency designated by the department - } { + other
supervisory authority + }.
(2) During the period of post-prison supervision, the
supervisory authority may adjust the level of supervision and
recommend to the State Board of Parole and Post-Prison
Supervision revisions to the conditions of supervision
appropriate to the released person's conduct in the community.
**************************** SECTION 25. ORS 144.350 is amended
to read:
144.350. (1) The Department of Corrections { + or other
supervisory authority + } may order the arrest and detention of
any person then under the supervision or control of the
department { + or other supervisory authority + } upon being
informed and having reasonable grounds to believe that such
person has violated the conditions of parole, post-prison
supervision, probation, conditional pardon or other conditional
release from custody. Before issuing such an order, the
department { + or other supervisory authority + } shall
investigate for the purpose of ascertaining whether the terms of
the parole, post-prison supervision, probation, conditional
pardon or other conditional release have been violated.
(2) Notwithstanding subsection (1) of this section, the
department { + or other supervisory authority + } may order the
arrest and detention of any person under its supervision or
control if it has reasonable grounds to believe that such person
is a danger to self or to others. A hearing shall follow as
promptly as convenient to the parties to determine whether
probable cause exists to continue detention pending a final
determination of the case.
**************************** SECTION 26. ORS 144.360 is amended
to read:
144.360. Any order issued by the Department of Corrections
{ + or other supervisory authority + } as authorized by ORS
144.350 constitutes full authority for the arrest and detention
of the violator, and all the laws applicable to warrants of
arrest shall apply to such orders.
**************************** SECTION 27. { + (1) As used in
ORS 137.124 and 144.085, ORS chapter 144, section 9 of this Act
and this section, 'supervisory authority' means the state or
local corrections agency or official designated in each county by
that county's board of county commissioners or county court to
operate corrections supervision services, custodial facilities or
both.
(2) Except as provided in ORS 137.124 and 137.593 (2)(d) and
section 9 of this Act, all terms of imprisonment or incarceration
Enrolled Senate Bill 1145 Page 23
of 12 months or less must be served at the direction of the
supervisory authority. + }
**************************** SECTION 28. 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 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 and placed in the legal custody of the Children's
Services Division. No child under the age of 12 years may be
admitted to, received by or cared for in a juvenile training
school. No child admitted to a juvenile training school 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.
(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 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
shall designate the appropriate juvenile training school or
schools for such assignment. A person assigned to a juvenile
training school under ORS 137.124 { - (4) - } { + (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 juvenile
training school shall be 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
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, 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 pursuant to this section, the Children's Services
Division 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, as the
Enrolled Senate Bill 1145 Page 24
Children's Services Division shall determine 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 29. ORS 137.320 is amended
to read:
137.320. (1) When a judgment includes commitment to the legal
and physical custody of the Department of Corrections, the
sheriff shall deliver the defendant, together with a copy of the
entry of judgment and a statement signed by the sheriff of the
number of days the defendant was imprisoned prior to delivery, to
the superintendent of the Department of Corrections institution
to which the defendant is initially assigned pursuant to ORS
137.124. { + If at the time of entry of a judgment, the
defendant was serving a term of incarceration at the direction of
the supervisory authority of a county upon conviction of a prior
felony, the sheriff shall also deliver to the Department of
Corrections a copy of the prior entry of judgment committing the
defendant to the supervisory authority of the county of
conviction and a statement of the number of days the defendant
has remaining to be served on the term or incarceration imposed
in the prior judgment. + }
(2) If the defendant is surrendered to another legal authority
prior to delivery to an institution of the Department of
Corrections, the sheriff shall forward to the Department of
Corrections { - a copy - } { + copies + } of the entry of
{ - judgment - } { + all pertinent judgments + }, a statement
of the number of days the defendant was imprisoned prior to
surrender, { + a statement of the number of days the defendant
has remaining to be served on any term of incarceration the
defendant was serving at the direction of the supervisory
authority of a county upon conviction of a prior felony + } and
an identification of the authority to whom the prisoner was
surrendered.
(3) Upon receipt of the information described in subsection (1)
or (2) of this section, the Department of Corrections shall
establish a case file and compute the defendant's sentence in
accordance with the provisions of ORS 137.370.
(4) When the judgment is imprisonment in the county jail or a
fine and that the defendant be imprisoned until it is paid, the
judgment shall be executed by the sheriff of the county. The
sheriff shall compute the time the defendant was imprisoned after
arrest and prior to the commencement of the term specified in the
judgment. Such time shall be credited towards the term of the
sentence.
**************************** SECTION 30. { + ORS 423.552,
423.553 and 423.554 are repealed. + }
**************************** SECTION 31. { + ORS 423.510,
423.515, 423.545 and 423.551 are repealed on January 1, 1997. + }
**************************** SECTION 32. { + Sections 5a, 9,
15, 16 and 27 of this Act and the amendments to statutes made by
sections 1a, 4a, 5, 9a, 9b, 9c, 12 to 14, 17 to 19, and 23 to 29
of this Act become operative on January 1, 1997. + }
**************************** SECTION 33. { + (1)
Notwithstanding any other law and for the purpose of carrying out
the provisions of this Act, the amount appropriated to the
Department of Corrections, for the biennium beginning July 1,
1995, out of the General Fund, by section 1, chapter ___, Oregon
Laws 1995 (Enrolled House Bill 5029) for:
(a) Community Corrections is increased by $14,136,938; and
Enrolled Senate Bill 1145 Page 25
(b) Institutional Services is decreased by $8,179,926.
(2) Notwithstanding any other law and for the purpose of
carrying out the provisions of this Act, the amount established
in section 2 (1), chapter ___, Oregon Laws 1995 (Enrolled House
Bill 5029), for the biennium beginning July 1, 1995, as the
maximum limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, including Anti-Drug
Abuse Act funds, excluding federal funds, collected or received
by the Department of Corrections for community corrections is
reduced by $810,127.
(3) Notwithstanding any other law and for the purpose of
carrying out the provisions of this Act, the amount appropriated
to the Emergency Board, for the biennium ending June 30, 1997,
out of the General Fund, by section 4 (1)(b), chapter ___, Oregon
Laws 1995 (Enrolled House Bill 5029) for debt service, start-up
costs and operating costs of correctional facilities is decreased
by $6,698,890. + }
**************************** SECTION 34. { + 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 June 7, 1995
Repassed by Senate June 10, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 9, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 1145 Page 26
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 1145 Page 27