Chapter 1095 Oregon Laws
1999
Session Law
AN ACT
SB 82
Relating to courts; creating
new provisions; and amending ORS 46.488, 137.290, 153.630, 409.021, 419A.004,
419C.080, 419C.100, 419C.103 and 419C.109.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) A family law facilitation program may
be established by the judges of the family court department of a circuit court.
If there is no family court department for the court, a family law facilitation
program may be established for a circuit court by the presiding judge for the
judicial district. A family law facilitation program shall be designed to
assist litigants in domestic relations or other family court proceedings
described in ORS 3.408. The program shall be developed in consultation with the
local family law advisory committee established for the judicial district under
ORS 3.434. The program shall operate under the supervision of the family court
department or, if there is no family court department, under the supervision of
the presiding judge for the judicial district. Services under the program shall
be provided by court personnel in facilities under the supervision and control
of the family court department or, if there is no family court department,
under the supervision and control of the presiding judge for the judicial
district. The program may provide:
(a) Educational materials.
(b) Court forms.
(c) Assistance in completing
forms.
(d) Information about court
procedures.
(e) Referrals to agencies
and resources that provide legal and other services to parents or children.
(2) All materials, forms,
instructions and referral lists provided through the program must be approved
by the family court department or, if there is no family court department, by
the presiding judge for the judicial district.
(3) Except for those fees
authorized for forms under ORS 21.361, services provided through the program
shall be provided without charge.
(4) An employee or other
person providing services to litigants through a family law facilitation
program as provided in this section is not engaged in the practice of law for
the purposes of ORS 9.160.
(5) Except as provided in
subsection (6) of this section, an employee or other person who assisted
litigants through a family law facilitation program may not, for a period of
one year after leaving the program, charge or collect any fee from a litigant
for services relating to a matter that was the subject of assistance under the
program.
(6) The prohibition of
subsection (5) of this section does not apply to persons admitted to the
practice of law in this state.
SECTION 2.
ORS 409.021 is amended to read:
409.021. (1) The Child Support Program is created in the
Department of Human Resources. The manager of the Child Support Program is the
Child Support Program Director. The Child Support Program shall provide all
types of child support services required under federal and Oregon law.
(2) The Child Support Program Director shall:
(a) Enter into cooperative agreements with the Department of
Justice and district attorneys under ORS 25.080 for the provision of child
support services required under federal and Oregon law;
(b) Enter into a cooperative agreement with the Department of
Justice for the provision of billing, receipting, record keeping, accounting
and distribution services for child and spousal support cases that receive
services required under federal and Oregon law;
(c) Maintain the state plan required under federal law and act
as the liaison for the Child Support Program with the United States Department
of Health and Human Services;
(d) Establish policy and adopt rules for the operation of the
Child Support Program by the Department of Human Resources and entities
entering into cooperative agreements under this section;
(e) Establish standards for operation of the Child Support
Program by entities entering into cooperative agreements under this section;
and
(f) Conduct program operation and fiscal audits of entities
entering into cooperative agreements under this section.
(3) It is the policy of
the Child Support Program to inform persons served by the program, in a manner
consistent with federal law, of resources that are available for assistance in
family law matters that are not provided by the program, including, but not
limited to, services provided through the courts of this state, the Oregon
State Bar, law schools and legal service providers that receive funding from
fees collected under ORS 21.480. The program shall consult with the local
family law advisory committees established under ORS 3.434 to ensure that
eligible individuals are aware of the services offered by the program. The
policy described in this subsection shall be incorporated into staff training
and is applicable to all entities that have entered into cooperative agreements
with the director of the program under the provisions of this section.
MINIMUM FINE FOR VIOLATIONS
OR INFRACTIONS
SECTION 3. (1) Notwithstanding any other provision of
law, except as specifically provided in this section a court or violations
bureau may not defer, waive, suspend or otherwise reduce the fine for a
violation or infraction to an amount that is less than:
(a) 50 percent of the bail
established for the offense under the bail schedule adopted by the Supreme
Court under ORS 1.520, if the offense is a Class A, B, C or D infraction; or
(b) 20 percent of the bail
established for the offense under the bail schedule adopted by the Supreme
Court under ORS 1.520, if the offense is not a Class A, B, C or D infraction.
(2) A court or violations
bureau may impose a fine lower than the amount required by subsection (1) of
this section if the court has authorized imposition of a lower fine for vehicle
equipment violation proceedings in which the defendant establishes that the
vehicle equipment has been installed or repaired to comply with the law that
was violated.
(3) A court or violations
bureau may impose a fine lower than the amount required by subsection (1) of
this section if the court has established procedures for the imposition of a
lower fine based on a determination that the defendant has not been convicted
of an offense within the three-year period immediately preceding the date on
which the citation was issued.
(4) In addition to the
grounds specified in subsections (2) and (3) of this section, a court may
impose a fine lower than the amount required by subsection (1) of this section
if:
(a) The court determines
that the defendant is indigent; or
(b) The court determines
that in a specific case the amount of the fine required by subsection (1) of
this section would be inconsistent with justice.
(5) Nothing in this section:
(a) Affects the manner in
which a court imposes or reduces monetary obligations other than fines.
(b) Allows a court to reduce
any fine amount below a minimum fine amount established by statute for the
offense.
(c) Affects the ability of a
court to establish a payment schedule for fines imposed by the court.
(6) For the purpose of
determining whether a fine meets the requirements of subsection (1) of this
section, the unitary assessment amount under ORS 137.290 and the county
assessment amount under ORS 137.309 shall be included in calculating the amount
required under subsection (1) of this section.
(7) The Department of
Revenue or Secretary of State may audit any court to determine whether the
court is complying with the requirements of this section. In addition, the
Department of Revenue or Secretary of State may audit any court to determine
whether the court is complying with the requirements of ORS 137.290 (4) and
153.630 (4). The Department of Revenue or Secretary of State may file an action
under ORS 34.105 to 34.240 to enforce the requirements of this section and ORS
137.290 (4) and 153.630 (4).
SECTION 4. If Senate Bill 20 becomes law, section 3 of
this 1999 Act is added to and made a part of ORS chapter 153.
SECTION 5. If
Senate Bill 20 becomes law, section 3 of this 1999 Act is amended to read:
Sec. 3. (1)
Notwithstanding any other provision of law, except as specifically provided in
this section a court or violations bureau may not defer, waive, suspend or
otherwise reduce the fine for a violation or infraction to an amount that is
less than:
(a) 50 percent of the [bail]
base fine amount established for the
offense under [the bail schedule adopted
by the Supreme Court under ORS 1.520]
sections 34 to 39, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20),
if the offense is a Class A, B, C or D [infraction] violation, or an unclassified violation,
under sections 4 and 5, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill
20); or
(b) 20 percent of the [bail]
base fine amount established for the
offense under [the bail schedule adopted
by the Supreme Court under ORS 1.520]
sections 34 to 39, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20),
if the offense is [not a Class A, B, C or
D infraction] a specific fine
violation as described by section 5, chapter 1051, Oregon Laws 1999 (Enrolled
Senate Bill 20).
(2) A court or violations bureau may impose a fine lower than
the amount required by subsection (1) of this section if the court has
authorized imposition of a lower fine for vehicle equipment violation
proceedings in which the defendant establishes that the vehicle equipment has
been installed or repaired to comply with the law that was violated.
(3) A court or violations bureau may impose a fine lower than
the amount required by subsection (1) of this section if the court has
established procedures for the imposition of a lower fine based on a
determination that the defendant has not been convicted of an offense within
the three-year period immediately preceding the date on which the citation was
issued.
(4) In addition to the grounds specified in subsections (2) and
(3) of this section, a court may impose a fine lower than the amount required
by subsection (1) of this section if:
(a) The court determines that the defendant is indigent; or
(b) The court determines that in a specific case the amount of
the fine required by subsection (1) of this section would be inconsistent with
justice.
(5) Nothing in this section:
(a) Affects the manner in which a court imposes or reduces
monetary obligations other than fines.
(b) Allows a court to reduce any fine amount below a minimum
fine amount established by statute for the offense.
(c) Affects the ability of a court to establish a payment
schedule for fines imposed by the court.
(6) For the purpose of determining whether a fine meets the
requirements of subsection (1) of this section, the unitary assessment amount
under ORS 137.290 and the county assessment amount under ORS 137.309 shall be
included in calculating the amount required under subsection (1) of this
section.
(7) The Department of Revenue or Secretary of State may audit
any court to determine whether the court is complying with the requirements of
this section. In addition, the Department of Revenue or Secretary of State may
audit any court to determine whether the court is complying with the
requirements of ORS 137.290 (4) and 153.630 (4). The Department of Revenue or
Secretary of State may file an action under ORS 34.105 to 34.240 to enforce the
requirements of this section and ORS 137.290 (4) and 153.630 (4).
WAIVER OF UNITARY ASSESSMENT
SECTION 6.
ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime, violation or infraction, excluding parking violations, the trial court,
whether a circuit, justice or municipal court, shall impose upon the defendant,
in addition to any other monetary obligation imposed, a unitary assessment
under this section. The unitary assessment shall also be imposed by the circuit
court and county court in juvenile cases under ORS 419C.005 (1). The unitary
assessment is a penal obligation in the nature of a fine and shall be in an
amount as follows:
(a) $100 in the case of a felony.
(b) $60 in the case of a misdemeanor.
(c) $90 in the case of a conviction for driving under the
influence of intoxicants.
(d) $30 in the case of any offense punishable only by a fine.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $40 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the circumstances; or
(B) ORS 811.115 by driving at least 65 miles per hour; and
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
(3) Subject to
subsection (4) of this section, the court in any case may waive payment of
the unitary assessment, in whole or in part, if, upon consideration, the court
finds that payment of the assessment or portion thereof would impose upon the
defendant a total monetary obligation inconsistent with justice in the case. In
making its determination under this subsection, the court shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due regard to the
other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by the court on
an installment basis or on other conditions to be fixed by the court.
(4) If a defendant is
convicted of an offense, the court may waive all or part of the unitary
assessment required under subsections (1) and (2)(a) of this section only if
the court imposes no fine on the defendant.
DIVISION OF FINES
BETWEEN PUBLIC ENTITIES
SECTION 7.
ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines and forfeited bail
collected in traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation payable to
the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the county in
which the offense occurred, as a monetary obligation payable to the county.
(c) If collected in a city court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer, as a monetary
obligation payable to the city.
(2) The other half of such fines and bail shall be paid as
follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation payable to
the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation payable to
the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, to be credited and distributed
under ORS 137.293 and 137.295 to the treasurer of the city, municipal or
quasi-municipal corporation by which such police officer is employed, as a
monetary obligation to that political subdivision of the state.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county weighmaster, to be
credited and distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation payable to that
county and to be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under ORS 137.293
and 137.295, as a monetary obligation payable to the state.
(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity to which
payment is made of the half provided for in subsection (1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted, suspended or
stayed, or the offender against whom the fine or penalty was levied or imposed
serves time in jail in lieu of paying the fine or penalty or a part thereof,
the committing judge or magistrate shall certify the facts thereof in writing
to the State Court Administrator in the case of a circuit court or the
Department of Revenue in the case of a justice or municipal court not later
than the 10th day of the month next following the month in which the fine was
remitted or penalty suspended. If any part of the fine is thereafter paid, it shall
be remitted to the judge or magistrate who imposed the fine or penalty, who
shall distribute it as provided in subsections (1) and (2) of this section.
(4) If a fine is subject
to division between two entities under this section and a sentence to pay a
fine is imposed by the court, any remittance, suspension or stay of the fine
portion of the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
[(4)] (5) Payment of fines, costs and
forfeited bail collected in a justice or city court under this section shall be
made within the first 20 days of the month following the month in which
collected.
LIMITATIONS ON DISTRIBUTIONS
FROM CRIMINAL FINE
AND ASSESSMENT ACCOUNT
SECTION 8. (1) Notwithstanding the percentages
established for distributions from the Criminal Fine and Assessment Account
under ORS 137.303, the maximum distribution in any biennium may not exceed the
following amounts:
(a) $14,158,775 to the
Police Standards and Training Account under the provisions of ORS 137.303
(1)(a).
(b) $7,929,422 to the
Criminal Injuries Compensation Account under the provisions of ORS 137.303
(1)(b).
(c) $3,830,154 to the
Intoxicated Driver Program Fund under the provisions of ORS 137.303 (1)(c).
(d) $2,499,891 to the
Department of State Police under the provisions of ORS 137.303 (1)(f).
(e) $712,624 to the
Department of State Police under the provisions of ORS 137.303 (1)(g).
(f) $7,929,422 to the Child
Abuse Multidisciplinary Intervention Account under the provisions of ORS
137.303 (1)(h).
(g) $2,572,635 to the
Domestic Violence Fund under the provisions of ORS 137.303 (1)(i) and (k).
(h) $3,131,745 to the
Department of State Police under the provisions of ORS 137.303 (1)(j).
(i) $408,198 to the Safety
Education Fund under the provisions of ORS 137.303 (1)(L).
(j) $1,866,226 to the
Children's Trust Endowment Fund under the provisions of ORS 137.303 (1)(m).
(2) Any moneys not
distributed under ORS 137.303 by reason of the limits imposed by this section
shall be transferred to the General Fund to be used for general governmental
expenses.
SECTION 9. If
Senate Bill 911 becomes law, section 8 of this 1999 Act is amended to read:
Sec. 8. (1)
Notwithstanding the percentages established for distributions from the Criminal
Fine and Assessment Account under ORS 137.303, the maximum distribution in any
biennium may not exceed the following amounts:
(a) $14,158,775 to the Police Standards and Training Account
under the provisions of ORS 137.303 (1)(a).
(b) $7,929,422 to the Criminal Injuries Compensation Account
under the provisions of ORS 137.303 (1)(b).
(c) $3,830,154 to the Intoxicated Driver Program Fund under the
provisions of ORS 137.303 (1)(c).
(d) $2,499,891 to the Department of State Police under the
provisions of ORS 137.303 (1)(f).
(e) $712,624 to the Department of State Police under the
provisions of ORS 137.303 (1)(g).
(f) $7,929,422 to the Child Abuse Multidisciplinary
Intervention Account under the provisions of ORS 137.303 (1)(h).
(g) $2,572,635 to the Domestic Violence Fund under the
provisions of ORS 137.303 (1)(i) and (k).
(h) $3,131,745 to the Department of State Police under the
provisions of ORS 137.303 (1)(j).
(i) $408,198 to the Safety Education Fund under the provisions
of ORS 137.303 (1)(L).
(j) $1,866,226 to the Children's Trust Endowment Fund under the
provisions of ORS 137.303 (1)(m).
(k) $1,876,822 to the
Emergency Medical Services Enhancement Account established under section 3,
chapter 1056, Oregon Laws 1999 (Enrolled Senate Bill 911).
(2) Any moneys not distributed under ORS 137.303 by reason of
the limits imposed by this section shall be transferred to the General Fund to
be used for general governmental expenses.
SECTION 10.
If Senate Bill 1202 becomes law, section 8 of this 1999 Act is amended to read:
Sec. 8. (1)
Notwithstanding the percentages established for distributions from the Criminal
Fine and Assessment Account under ORS 137.303, the maximum distribution in any
biennium may not exceed the following amounts:
(a) $14,158,775 to the Police Standards and Training Account
under the provisions of ORS 137.303 (1)(a).
(b) $7,929,422 to the Criminal Injuries Compensation Account
under the provisions of ORS 137.303 (1)(b).
(c) $3,830,154 to the Intoxicated Driver Program Fund under the
provisions of ORS 137.303 (1)(c).
(d) $2,499,891 to the Department of State Police under the
provisions of ORS 137.303 (1)(f).
(e) $712,624 to the Department of State Police under the
provisions of ORS 137.303 (1)(g).
(f) $7,929,422 to the Child Abuse Multidisciplinary
Intervention Account under the provisions of ORS 137.303 (1)(h).
(g) $2,572,635 to the Domestic Violence Fund under the
provisions of ORS 137.303 (1)(i) and (k).
(h) $3,131,745 to the Department of State Police under the
provisions of ORS 137.303 (1)(j).
(i) $408,198 to the Safety Education Fund under the provisions
of ORS 137.303 (1)(L).
(j) $1,866,226 to the Children's Trust Endowment Fund under the
provisions of ORS 137.303 (1)(m).
(k) $625,607 to the
Sexual Assault Victims Fund established under section 7, chapter 943, Oregon
Laws 1999 (Enrolled Senate Bill 1202).
(2) Any moneys not distributed under ORS 137.303 by reason of
the limits imposed by this section shall be transferred to the General Fund to
be used for general governmental expenses.
SECTION 11.
If House Bill 2391 becomes law, section 8 of this 1999 Act is amended to read:
Sec. 8. (1)
Notwithstanding the percentages established for distributions from the Criminal
Fine and Assessment Account under ORS 137.303, the maximum distribution in any
biennium may not exceed the following amounts:
(a) $14,158,775 to the Police Standards and Training Account
under the provisions of ORS 137.303 (1)(a).
(b) $7,929,422 to the Criminal Injuries Compensation Account
under the provisions of ORS 137.303 (1)(b).
(c) $3,830,154 to the Intoxicated Driver Program Fund under the
provisions of ORS 137.303 (1)(c).
(d) $2,499,891 to the Department of State Police under the
provisions of ORS 137.303 (1)(f).
(e) $712,624 to the Department of State Police under the
provisions of ORS 137.303 (1)(g).
(f) $7,929,422 to the Child Abuse Multidisciplinary
Intervention Account under the provisions of ORS 137.303 (1)(h).
(g) $2,572,635 to the Domestic Violence Fund under the
provisions of ORS 137.303 (1)(i) and (k).
(h) $3,131,745 to the Department of State Police under the
provisions of ORS 137.303 (1)(j).
(i) $408,198 to the Safety Education Fund under the provisions
of ORS 137.303 (1)(L).
(j) $1,866,226 to the Children's Trust Endowment Fund under the
provisions of ORS 137.303 (1)(m).
(k) $625,607 to the
Public Safety Memorial Fund established by section 3, chapter 981, Oregon Laws
1999 (Enrolled House Bill 2391).
(2) Any moneys not distributed under ORS 137.303 by reason of
the limits imposed by this section shall be transferred to the General Fund to
be used for general governmental expenses.
JUDGMENT LIENS
SECTION 12.
ORS 46.488, as amended by section 58, chapter 801, Oregon Laws 1997, and
section 3, chapter 195, Oregon Laws 1999 (Enrolled Senate Bill 415), is amended
to read:
46.488. (1) A judgment entered in the small claims department
of a circuit court may be docketed in the docket of the circuit court only as
provided in subsection (2) of this section if the judgment is in an amount of
$10 or more and less than $3,000, exclusive of costs or disbursements. A
judgment entered in the small claims department in an amount of $3,000 or more
shall be docketed in the docket of the circuit court in the same manner as
other judgments in circuit court, and shall become a lien upon all real
property of the [defendant] judgment debtor in the manner
described by ORS 18.350.
(2) When a judgment is entered in the small claims department
in an amount of $10 or more and less than $3,000, exclusive of costs or
disbursements, the judgment creditor may at any time before expiration of the
judgment under ORS 18.360 cause the judgment to be docketed by paying to the
clerk of the court that entered the judgment the fees established by ORS 21.325
(1) and (2) and requesting the filing and docketing of the certified transcript
of judgment. Upon receipt of the fees and request for docketing, the clerk
shall docket the judgment in the judgment docket of the circuit court. Upon
docketing, the judgment shall become a lien on real property of the judgment
debtor in the county in which the judgment is docketed. In any other county,
the judgment may become a lien on real property of the judgment debtor in the
county if a certified copy of the judgment, or a lien record abstract for the
docketed judgment in the form prescribed by ORS 18.325, is recorded in the
County Clerk Lien Record. The judgment becomes a lien on real property of the
judgment debtor in the other county on the date that the copy of the judgment
or lien record abstract is so recorded.
MISCELLANEOUS PROVISIONS
SECTION 13.
ORS 419C.080, as amended by section 3, chapter 577, Oregon Laws 1999
(Enrolled Senate Bill 344), is amended to read:
419C.080. (1) A peace officer, or any other person authorized
by the juvenile court of the county in which the youth is found, may take a
youth into custody in the following circumstances:
(a) When, if the youth were an adult, the youth could be
arrested without a warrant; or
(b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419C.306 or otherwise, has ordered that the youth be taken
into custody.
(2) A peace officer or person authorized by the juvenile court
shall take a youth into custody if the peace officer or person authorized by
the juvenile court has probable cause to believe that the youth, while in or on
a public building or court facility
within the last 120 days, possessed a firearm or destructive device in
violation of ORS 166.250, 166.370 or 166.382.
SECTION 14.
ORS 419C.100, as amended by section 4, chapter 577, Oregon Laws 1999
(Enrolled Senate Bill 344), is amended to read:
419C.100. The person taking the youth into custody under ORS
419C.080 and 419C.088 shall release the youth to the custody of the youth's
parent, guardian or other responsible person in this state, except in the
following cases:
(1) When the court has issued a warrant of arrest against the
youth.
(2) When the person taking the youth into custody has probable
cause to believe that the welfare of the youth or others may be immediately
endangered by the release of the youth.
(3) When the person taking the youth into custody has probable
cause to believe that the youth, while in or on a public building or court facility within the last 120
days, possessed a firearm or destructive device in violation of ORS 166.250,
166.370 or 166.382.
SECTION 15.
ORS 419C.103, as amended by section 5, chapter 577, Oregon Laws 1999
(Enrolled Senate Bill 344), is amended to read:
419C.103. (1) Except as otherwise provided in subsection (2) of
this section, if a youth taken into custody is not released as provided in ORS
419C.100 and the juvenile court for the county has not established the
alternative procedure authorized in subsection (5) of this section, the person
taking the youth into custody shall, without unnecessary delay, do one of the
following:
(a) Take the youth before the court or a person appointed by
the court to effect disposition under ORS 419C.109 and 419C.136.
(b) Take the youth to a place of detention or shelter care or a
public or private agency designated by the court and as soon as possible
thereafter notify the court that the youth has been taken into custody.
(2) If the person taking the youth into custody has probable
cause to believe that the youth, while in or on a public building or court facility within the last 120
days, possessed a firearm or destructive device in violation of ORS 166.250,
166.370 or 166.382, the person may not release the youth from custody and shall
do one of the following without unnecessary delay:
(a) Take the youth before the court for a determination of
initial disposition under ORS 419C.109 (3); or
(b) Notwithstanding ORS 419C.133, take the youth to a place of
detention and, as soon as possible thereafter, notify the court and the
juvenile department that the youth has been taken into custody and detained.
(3) Where a youth residing in some other county is taken into
custody the youth may be:
(a) Released to the youth's parent, guardian or other
responsible person in this state as provided in ORS 419C.100.
(b) Delivered to a peace officer or juvenile counselor in the
county in which the youth resides, if such delivery can be made without
unnecessary delay. In such event, the person to whom the youth is delivered
shall assume custody of the youth and shall proceed as provided in this
chapter.
(4) Where a youth is released or delivered as provided in
subsection (3) of this section, the jurisdiction of the juvenile court of the
county in which the youth resides shall attach from the time the youth is taken
into custody.
(5) The juvenile court may establish, as an alternative to the
provisions of subsection (1) of this section, that if a youth taken into
custody is not released as provided in ORS 419C.100, procedures shall be
followed that comply with the following:
(a) The person taking the youth into custody may communicate,
by telecommunications or otherwise, with the person appointed by the court to
effect disposition under ORS 419C.109.
(b) After interviewing the person taking the youth into custody
and obtaining such other information as is considered necessary, the person
appointed by the court under ORS 419C.109 to effect disposition may exercise
the authority granted under that section and shall, in such case, direct that
the person taking the youth into custody release the youth or deliver the youth
in accordance with such direction.
(c) The person taking the youth into custody shall comply with
the direction of the person appointed by the court to effect disposition.
SECTION 16.
ORS 419C.109, as amended by section 6, chapter 577, Oregon Laws 1999
(Enrolled Senate Bill 344), is amended to read:
419C.109. (1) Except as otherwise provided in subsection (3) of
this section, 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 youth
or has authority to effect disposition of a youth taken into custody:
(a) Release the youth to the custody of a parent, guardian or
other responsible person.
(b) Release the youth on the youth's own recognizance when
appropriate.
(c) Upon a finding that release of the youth on the youth's own
recognizance is unwarranted, or upon order of the court or if probable cause
exists to believe the youth may be detained under ORS 419C.145, 419C.150,
419C.153, 419C.156, 419C.159 or 419C.453, place the youth on conditional
release.
(d) Subject to ORS 419A.059, 419A.061, 419C.130 and 419C.133,
place the youth in shelter care or detention. The 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 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 youth in detention or shelter
care subject to further order.
(f) Exercise authority to detain the youth as provided in ORS
419C.136.
(2) If the youth is released under subsection (1) of this
section, the person releasing the 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.
(3)(a) When a youth is retained in custody under ORS 419C.100
(3) and 419C.103 (2) and a petition is filed under ORS 419C.005 alleging that
the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or
destructive device in violation of ORS 166.250, 166.370 or 166.382, the court
shall determine the youth's initial disposition at a hearing conducted pursuant
to ORS 419C.145. The parties to the hearing are the youth, the juvenile
department and the state, represented by the district attorney.
(b) The court shall inform the youth:
(A) Of the youth's rights, including the right to be
represented by counsel and the right to remain silent; and
(B) Of the allegations against the youth.
(c) The court shall make a determination under ORS 419C.145
whether the youth should remain in detention pending adjudication on the
merits. The court may order that the hearing be continued and that the youth
remain in detention for a reasonable period of time not to exceed seven days if
the court finds:
(A) That additional information concerning the youth is
necessary to aid the court in making the determination under ORS 419C.145; and
(B) There is probable cause to believe that the youth, while in
or on a public building or court
facility within the last 120 days, possessed a firearm or destructive
device in violation of ORS 166.250, 166.370 or 166.382.
(d) If the court orders that the hearing be continued and that
the youth remain in detention under paragraph (c) of this subsection, in
addition to and not in lieu of any other order the court may make, the court
may order a mental health assessment or screening of the youth.
(e) If the court determines that the youth should not be
detained pending adjudication on the merits, the court may order any other
preadjudication disposition authorized.
SECTION 17.
ORS 419A.004, as amended by section 11, chapter 577, Oregon Laws 1999
(Enrolled Senate Bill 344), is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) "CASA Volunteer Program" means a program approved
or sanctioned by the juvenile court to recruit, train and supervise volunteer
persons to serve as court appointed special advocates.
(2) "Child" means a person within the jurisdiction of
the juvenile court as provided in ORS 419B.100.
(3) "Child care center" means a residential facility
for the care and supervision of children that is licensed under the provisions
of ORS 418.240.
(4) "Community service" has the meaning given that
term in ORS 137.126.
(5) "Conflict of interest" means a person appointed
to a local citizen review board who has a personal or pecuniary interest in a
case being reviewed by that board.
(6) "Counselor" means a juvenile department
counselor.
(7) "Court" means the juvenile court.
(8) "Court appointed special advocate" or
"CASA" means a person appointed by the court pursuant to a CASA
Volunteer Program to act as special advocate for a child pursuant to ORS
419A.170.
(9) "Court
facility" has the meaning given that term in ORS 166.360.
[(9)] (10) "Detention" or
"detention facility" means a facility established under ORS 419A.010
to 419A.020 and 419A.050 to 419A.063 for the detention of dependent children or
delinquent youth pursuant to a judicial commitment or order.
[(10)] (11) "Director" means the
director of a juvenile department established under ORS 419A.010 to 419A.020
and 419A.050 to 419A.063.
[(11)] (12) "Guardian" means
guardian of the person and not guardian of the estate.
[(12)] (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.
[(13)] (14) "Juvenile court" means
the court having jurisdiction of juvenile matters in the several counties of
this state.
[(14)] (15) "Local citizen review
board" means the board specified by ORS 419A.090 and 419A.092.
[(15)] (16) "Office" means the
State Office for Services to Children and Families.
[(16)] (17) "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)] (18) "Public building" has
the meaning given that term in ORS 166.360.
[(18)] (19) "Reasonable time" means
a period of time that is reasonable given a child's emotional and developmental
needs and ability to form and maintain lasting attachments.
[(19)] (20) "Records" means any
information in written form, pictures, photographs, charts, graphs, recordings
or documents pertaining to a case.
[(20)] (21) "Resides" or
"residence," when used in reference to the residence of a child or
youth, means the place where the child or youth is actually living or the
jurisdiction in which wardship of the child or youth has been established.
[(21)] (22) "Restitution" has the
meaning given that term in ORS 137.103.
[(22)] (23) "Serious physical
injury" means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
[(23)] (24) "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.
[(24)] (25) "Short-term detention
facility" means a facility established under ORS 419A.050 (3) for holding
youths pending further placement.
[(25)] (26) "Substitute care" means
an out-of-home placement directly supervised by the office or other agency,
including placement in a foster family home, group home or other child caring
institution or facility. "Substitute care" does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home which the court has approved as a child's
permanent placement, where a private child caring agency has been appointed
guardian of the child and where the child's care is entirely privately
financed; or
(c) In-home placement subject to conditions or limitations.
[(26)] (27) "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.
[(27)] (28) "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.
[(28)] (29) "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.
[(29)] (30) "Youth care center" has
the meaning given that term in ORS 420.855.
[(30)] (31) "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 18. The unit captions used in this 1999 Act are
provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment
of this 1999 Act.
Approved by the Governor
September 3, 1999
Filed in the office of the
Secretary of State September 3, 1999
Effective date October 23,
1999
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