77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3274
House Bill 3194
Sponsored by JOINT COMMITTEE ON PUBLIC SAFETY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies sentences imposed for felony marijuana offenses and
for felony driving while suspended.
Eliminates mandatory minimum sentences for all offenders
convicted of sexual abuse in first degree, assault in second
degree and robbery in second degree. Eliminates mandatory adult
prosecution of persons who are 15, 16 or 17 years of age and
alleged to have committed sexual abuse in first degree, assault
in second degree or robbery in second degree.
Provides court with range of presumptive prison sentences when
sentencing repeat property offenders. Eliminates mandatory
minimum sentences applicable to certain repeat drug offenders.
Increases maximum period of short-term transitional leave
program and requires Department of Corrections to proactively
assist inmates in applying for program.
Provides for 30 percent reduction in term of imprisonment for
eligible offenders who meet rigorous conditions.
Requires court to allow eligible offenders to participate in
alternative incarceration program unless court finds substantial
and compelling reasons to prohibit participation.
Authorizes judicial review of certain mandatory minimum
sentences for conditional release when persons who were 15, 16 or
17 years of age at time of crime have served one-half and
three-fourths of sentence imposed.
Authorizes offenders supervised by local supervisory authority
to obtain reduction in term of supervision under certain
circumstances. Modifies baseline for purposes of determining
amount of community corrections grants.
Prohibits court from prohibiting imposition of structured
sanctions by supervising authority when certain offenders
sentenced to probation.
Requires supervisory authority to impose special conditions of
probation when person sentenced to probation for felony.
Establishes Task Force on Public Safety Oversight to review
provisions of Act.
Requires public bodies to use statutory definition of '
recidivism' when evaluating rate at which persons convicted of
crime reoffend.
Directs Oregon Criminal Justice Commission to adopt rules
applicable to specialty courts.
Requires Oregon Department of Administrative Services to
include margin of error and certain explanatory information in
state corrections population forecasts.
Modifies manner of evaluating evidence-based correctional
programs.
Modifies requirements for fiscal impact statements prepared for
proposed criminal laws.
Creates Community Corrections Incentive Grant Program.
Authorizes Oregon Criminal Justice Commission to award grants to
counties that reduce use of prison resources while preserving
public safety or that incarcerate and supervise offenders
sentenced to term of incarceration of 15 months or less.
Appropriates moneys to commission for biennium beginning July
1, 2013, for purposes of program.
Establishes Community Corrections Incentive Grant Account.
Continuously appropriates moneys in account to Oregon Criminal
Justice Commission for purpose of making incentive grants to
qualifying counties.
Directs Department of Corrections to identify cost-containment
solutions for purpose of meeting five percent reduction in
operating costs over 10-year period.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 135.760,
135.767, 137.523, 137.540, 137.545, 137.553, 137.593, 137.595,
137.700, 137.707, 137.712, 137.717, 137.750, 137.751, 137.752,
137.924, 144.087, 144.101, 161.585, 173.029, 182.515, 182.525,
183.315, 184.351, 420.011, 420A.203, 420A.206, 421.121,
421.168, 421.508, 421.510, 423.478, 423.483, 475.900, 475.933
and 811.182; repealing ORS 137.599 and sections 22 and 23,
chapter 660, Oregon Laws 2009; appropriating money; declaring
an emergency; and providing for criminal sentence reduction
that requires approval by a two-thirds majority.
Be It Enacted by the People of the State of Oregon:
{ +
I. WEIGHT THRESHOLDS FOR MARIJUANA + }
SECTION 1. ORS 475.900 is amended to read:
475.900. (1) A violation of ORS 475.752, 475.806 to 475.894,
475.904 or 475.906 shall be classified as crime category 8 of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission if:
(a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers or salts
of its isomers;
{ - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
{ - (E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (F) - } { + (D) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (G) - } { + (E) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (H) - } { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a commercial drug offense. A
possession, delivery or manufacture is a commercial drug offense
for purposes of this subsection if it is accompanied by at least
three of the following factors:
(A) The delivery was of heroin, cocaine, { - hashish,
marijuana, - } methamphetamine, lysergic acid diethylamide,
psilocybin or psilocin and was for consideration;
(B) The offender was in possession of $300 or more in cash;
(C) The offender was unlawfully in possession of a firearm or
other weapon as described in ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 for the purpose of using it in connection
with a controlled substance offense;
(D) The offender was in possession of materials being used for
the packaging of controlled substances such as scales, wrapping
or foil, other than the material being used to contain the
substance that is the subject of the offense;
(E) The offender was in possession of drug transaction records
or customer lists;
(F) The offender was in possession of stolen property;
(G) Modification of structures by painting, wiring, plumbing or
lighting to facilitate a controlled substance offense;
(H) The offender was in possession of manufacturing
paraphernalia, including recipes, precursor chemicals, laboratory
equipment, lighting, ventilating or power generating equipment;
(I) The offender was using public lands for the manufacture of
controlled substances;
(J) The offender had constructed fortifications or had taken
security measures with the potential of injuring persons; or
(K) The offender was in possession of controlled substances in
an amount greater than:
(i) Three grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) Eight grams or more of a mixture or substance containing a
detectable amount of cocaine;
(iii) Eight grams or more of a mixture or substance containing
a detectable amount of methamphetamine;
{ - (iv) Eight grams or more of a mixture or substance
containing a detectable amount of hashish; - }
{ - (v) One hundred ten grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (vi) - } { + (iv) + } Twenty or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (vii) - } { + (v) + } Ten grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (viii) - } { + (vi) + } Four grams or more or 20 or
more pills, tablets or capsules of a mixture or substance
containing a detectable amount of:
(I) 3,4-methylenedioxyamphetamine;
(II) 3,4-methylenedioxymethamphetamine; or
(III) 3,4-methylenedioxy-N-ethylamphetamine.
(c) The violation constitutes a violation of ORS 475.848,
475.852, { - 475.858, 475.862, - } 475.868, 475.872, 475.878,
475.882, 475.888, 475.892 or 475.904.
(d) The violation constitutes manufacturing methamphetamine and
the manufacturing consists of:
(A) A chemical reaction involving one or more precursor
substances for the purpose of manufacturing methamphetamine; or
(B) Grinding, soaking or otherwise breaking down a precursor
substance for the purpose of manufacturing methamphetamine.
(e) The violation constitutes a violation of ORS { - 475.860
(4)(a) or - } 475.906 (1) or (2) { + and is not a violation
described in ORS 475.907 + }.
(2) A violation of ORS 475.752 or 475.806 to 475.894 shall be
classified as crime category 6 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery of heroin, cocaine,
methamphetamine or 3,4-methylenedioxyamphetamine,
3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
(b) The violation constitutes possession of:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
{ - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
{ - (E) One hundred fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (F) - } { + (D) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (G) - } { + (E) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (H) - } { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
{ + (3) A felony violation of ORS 475.856, 475.858, 475.860,
475.862 or 475.864 shall be classified as:
(a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of less than one kilogram of
a mixture or substance containing a detectable amount of
marijuana.
(b) Crime category 5 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of one kilogram or more and
less than five kilograms of a mixture or substance containing a
detectable amount of marijuana.
(c) Crime category 6 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation is described
in ORS 475.860 (4)(a).
(d) Crime category 8 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of five kilograms or more and
less than 20 kilograms of a mixture or substance containing a
detectable amount of marijuana.
(e) Crime category 9 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of 20 kilograms or more and
less than 50 kilograms of a mixture or substance containing a
detectable amount of marijuana.
(f) Crime category 10 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of 50 kilograms or more of a
mixture or substance containing a detectable amount of
marijuana. + }
{ - (3) - } { + (4) + } Any felony violation of ORS 475.752
or 475.806 to 475.894 not contained in subsection (1) { - or
(2) - } { + , (2) or (3) + } of this section shall be classified
as:
(a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
(b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
{ - (4) - } { + (5) + } In order to prove a commercial drug
offense, the state shall plead in the accusatory instrument
sufficient factors of a commercial drug offense under subsections
(1) and (2) of this section. The state has the burden of proving
each factor beyond a reasonable doubt.
{ - (5) - } { + (6) + } As used in this section, 'mixture
or substance ' means any mixture or substance, whether or not the
mixture or substance is in an ingestible or marketable form at
the time of the offense.
SECTION 2. { + (1) The amendments to ORS 475.900 by section 1
of this 2013 Act apply to sentences imposed on or after the
effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 475.900 by section 1 of this 2013 Act do not
apply to persons who were originally sentenced prior to the
effective date of this 2013 Act and who are subsequently
resentenced as the result of an appellate decision, a
post-conviction relief proceeding or for any other reason. + }
{ +
II. PRESUMPTIVE SENTENCES FOR DRIVING WHILE SUSPENDED + }
SECTION 3. ORS 811.182 is amended to read:
811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The offense described in this section, criminal driving
while suspended or revoked, is a Class B felony if the suspension
or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide or aggravated driving
while suspended or revoked or if the revocation resulted from a
conviction for felony driving while under the influence of
intoxicants.
(4) The offense described in this section, criminal driving
while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
(A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license under ORS
809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor
vehicle.
(e) A suspension of a commercial driver license under ORS
809.413 (12) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
(f) A suspension of a commercial driver license under ORS
809.404.
(g) A revocation resulting from habitual offender status under
ORS 809.640.
(h) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
(i) A suspension for failure to perform the duties of a driver
under ORS 811.705.
(j) A suspension for reckless driving under ORS 811.140.
(k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
(L) A suspension or revocation resulting from misdemeanor
driving while under the influence of intoxicants under ORS
813.010.
(m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and
the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a minimum fine
of at least $1,000 if it is the person's first conviction for
criminal driving while suspended or revoked and a minimum fine of
at least $2,000 if it is the person's second or subsequent
conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category
{ - 6 - } { + 4 + } of the rules of the Oregon Criminal
Justice Commission.
SECTION 4. { + (1) The amendments to the rules of the Oregon
Criminal Justice Commission required by the amendments to ORS
811.182 by section 3 of this 2013 Act apply to crimes committed
on or after the effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to the rules of the Oregon Criminal Justice Commission
required by the amendments to ORS 811.182 by section 3 of this
2013 Act do not apply to persons who were originally sentenced
prior to the effective date of this 2013 Act and who are
subsequently resentenced as the result of an appellate decision,
a post-conviction relief proceeding or for any other reason. + }
{ +
III. SENTENCES FOR + }
{ +
ROBBERY IN SECOND DEGREE, ASSAULT IN SECOND DEGREE + }
{ +
AND SEXUAL ABUSE IN FIRST DEGREE - + }
{ +
M11 MODIFICATION (INCLUDING ADDITIONAL AMENDMENTS + }
{ +
RELATED TO VIII. EARNED REVIEW FOR YOUTH OFFENDERS: + }
{ +
' SECOND LOOK') + }
SECTION 5. ORS 137.700 is amended to read:
137.700. (1) Notwithstanding ORS 161.605, when a person is
convicted of one of the offenses listed in subsection
{ - (2)(a) of this section and the offense was committed on or
after April 1, 1995, or of one of the offenses listed in
subsection (2)(b) of this section and the offense was committed
on or after October 4, 1997, or of the offense described in
subsection (2)(c) of this section and the offense was committed
on or after January 1, 2008, - } { + (2) of this section, + }
the court shall impose, and the person shall serve, at least the
entire term of imprisonment listed in subsection (2) of this
section. The person is not, during the service of the term of
imprisonment, eligible for release on post-prison supervision or
any form of temporary leave from custody. The person is not
eligible for any reduction in, or based on, the minimum sentence
for any reason whatsoever under ORS 421.121 or any other statute.
The court may impose a greater sentence if otherwise permitted by
law, but may not impose a lower sentence than the sentence
specified in subsection (2) of this section.
(2) The offenses to which subsection (1) of this section
applies and the applicable mandatory minimum sentences are:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(A)Murder, as defined in
ORS 163.115...300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095.120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS 163.115.90 months
(D) Manslaughter in the
first degree, as defined
in ORS 163.118.120 months
(E) Manslaughter in the
second degree, as defined
in ORS 163.125.75 months
(F) Assault in the first
degree, as defined in
ORS 163.185....90 months
{ -
(G)Assault in the second - }
{ -
degree, as defined in - }
{ -
ORS 163.175.70 months - }
{ -
(H) - }
{ +
(G) + }
Except as provided in
paragraph (b)(G) of
this subsection,
kidnapping in the first
degree, as defined
in ORS 163.235.90 months
{ -
(I) - }
{ +
(H) + }
Kidnapping in the second
degree, as defined in
ORS 163.225....70 months
{ -
(J) - }
{ +
(I) + }
Rape in the first degree,
as defined in ORS 163.375
(1)(a), (c) or (d).100 months
{ -
(K) - }
{ +
(J) + }
Rape in the second degree,
as defined in ORS 163.365.75 months
{ -
(L) - }
{ +
(K) + }
Sodomy in the first degree,
as defined in ORS 163.405
(1)(a), (c) or (d).100 months
{ -
(M) - }
{ +
(L) + }
Sodomy in the second
degree, as defined in
ORS 163.395....75 months
{ -
(N) - }
{ +
(M) + }
Unlawful sexual penetration
in the first degree, as
defined in ORS 163.411
(1)(a) or (c).100 months
{ -
(O) - }
{ +
(N) + }
Unlawful sexual penetration
in the second degree, as
defined in ORS 163.408.75 months
{ -
(P)Sexual abuse in the first - }
{ -
degree, as defined in - }
{ -
ORS 163.427.75 months - }
{ -
(Q) - }
{ +
(O) + }
Robbery in the first degree,
as defined in ORS 164.415.90 months
{ -
(R)Robbery in the second - }
{ -
degree, as defined in - }
{ -
ORS 164.405.70 months - }
(b)(A)Arson in the first degree,
as defined in ORS 164.325,
when the offense represented
a threat of serious
physical injury.90 months
(B) Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670....70 months
(C) Compelling prostitution,
as defined in ORS 167.017.70 months
(D) Rape in the first degree,
as defined in
ORS 163.375 (1)(b).300 months
(E) Sodomy in the first degree,
as defined in
ORS 163.405 (1)(b).300 months
(F) Unlawful sexual penetration
in the first degree, as
defined in
ORS 163.411 (1)(b).300 months
(G) Kidnapping in the first
degree, as defined in
ORS 163.235, when the
offense is committed in
furtherance of the commission
or attempted commission of an
offense listed in subparagraph
(D), (E) or (F) of
this paragraph.300 months
(c) Aggravated vehicular
homicide, as defined in
ORS 163.149...240 months
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 6. ORS 137.707 is amended to read:
137.707. (1)(a) Notwithstanding any other provision of law,
when a person charged with aggravated murder, as defined in ORS
163.095, or an offense listed in subsection { - (4)(a) - }
{ + (4) + } of this section is 15, 16 or 17 years of age at the
time the offense is { + alleged to have been + }committed,
{ - and the offense is committed on or after April 1, 1995, or
when a person charged with an offense listed in subsection (4)(b)
of this section is 15, 16 or 17 years of age at the time the
offense is committed, and the offense is committed on or after
October 4, 1997, or when a person charged with the offense
described in subsection (4)(c) of this section is 15, 16 or 17
years of age at the time the offense is committed and the offense
is committed on or after January 1, 2008, - } the person shall
be prosecuted as an adult in criminal court.
(b) A district attorney, the Attorney General or a juvenile
department counselor may not file in juvenile court a petition
alleging that a person has committed an act that, if committed by
an adult, would constitute aggravated murder or an offense listed
in subsection (4) of this section if the person was 15, 16 or 17
years of age at the time the act { - was - } { + is alleged
to have been + } committed.
(2) { + (a) + } When a person charged under this section is
convicted of an offense listed in subsection (4) of this section,
the court shall impose at least the presumptive term of
imprisonment provided for the offense in subsection (4) of this
section. The court may impose a greater presumptive term if
otherwise permitted by law, but may not impose a lesser term.
{ - The person is not, during the service of the term of
imprisonment, eligible for release on post-prison supervision or
any form of temporary leave from custody. The person is not
eligible for any reduction in, or based on, the minimum sentence
for any reason under ORS 421.121 or any other provision of
law. - } ORS 138.012, 163.105 and 163.150 apply to sentencing a
person prosecuted under this section and convicted of aggravated
murder under ORS 163.095 except that a person who was under 18
years of age at the time the offense was committed is not subject
to a sentence of death.
{ + (b) Except as otherwise provided in ORS 420A.203 to
420A.206, a person sentenced under this subsection is not:
(A) During the service of the term of imprisonment, eligible
for release on post-prison supervision or any form of temporary
leave from custody; or
(B) Eligible for any reduction in, or based on, the minimum
sentence for any reason. + }
(3) The court shall commit the person to the legal and physical
custody of the Department of Corrections.
(4) The offenses to which this section applies and the
presumptive sentences are:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(A)Murder, as defined in
ORS 163.115...300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095.120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS 163.115.90 months
(D) Manslaughter in the
first degree, as defined
in ORS 163.118.120 months
(E) Manslaughter in the
second degree, as defined
in ORS 163.125.75 months
(F) Assault in the first
degree, as defined
in ORS 163.185.90 months
{ -
(G)Assault in the second - }
{ -
degree, as defined - }
{ -
in ORS 163.175.70 months - }
{ -
(H) - }
{ +
(G) + }
Kidnapping in the first
degree, as defined in
ORS 163.235....90 months
{ -
(I) - }
{ +
(H) + }
Kidnapping in the second
degree, as defined in
ORS 163.225....70 months
{ -
(J) - }
{ +
(I) + }
Rape in the first degree,
as defined in ORS 163.375.100 months
{ -
(K) - }
{ +
(J) + }
Rape in the second
degree, as defined in
ORS 163.365....75 months
{ -
(L) - }
{ +
(K) + }
Sodomy in the first
degree, as defined in
ORS 163.405...100 months
{ -
(M) - }
{ +
(L) + }
Sodomy in the second
degree, as defined in
ORS 163.395....75 months
{ -
(N) - }
{ +
(M) + }
Unlawful sexual
penetration in the first
degree, as defined
in ORS 163.411.100 months
{ -
(O) - }
{ +
(N) + }
Unlawful sexual
penetration in the
second degree, as
defined in ORS 163.408.75 months
{ -
(P)Sexual abuse in the first - }
{ -
degree, as defined in - }
{ -
ORS 163.427.75 months - }
{ -
(Q) - }
{ +
(O) + }
Robbery in the first
degree, as defined in
ORS 164.415....90 months
{ -
(R)Robbery in the second - }
{ -
degree, as defined in - }
{ -
ORS 164.405.70 months - }
(b)(A)Arson in the first degree,
as defined in
ORS 164.325, when
the offense represented
a threat of serious
physical injury.90 months
(B) Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670....70 months
(C) Compelling prostitution,
as defined in ORS 167.017
(1)(a), (b) or (d).70 months
(c) Aggravated vehicular
homicide, as defined in
ORS 163.149...240 months
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(5) If a person charged with an offense under this section is
found guilty of a lesser included offense and the lesser included
offense is:
(a) An offense listed in subsection (4) of this section, the
court shall sentence the person as provided in subsection (2) of
this section.
(b) Not an offense listed in subsection (4) of this section:
(A) But constitutes an offense for which waiver is authorized
under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain
jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the
court shall consider the criteria for waiver in ORS 419C.349. If
the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does
not retain jurisdiction, the court shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(B) And is not an offense for which waiver is authorized under
ORS 419C.349, the court may not sentence the person. The court
shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(6) When a person is charged under this section, other offenses
based on the same act or transaction shall be charged as separate
counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated murder or
offenses listed in subsection (4) of this section. If it appears,
upon motion, that the state or the person charged is prejudiced
by the joinder and consolidation of offenses, the court may order
an election or separate trials of counts or provide whatever
other relief justice requires.
(7)(a) If a person charged and tried as provided in subsection
(6) of this section is found guilty of aggravated murder or an
offense listed in subsection (4) of this section and one or more
other offenses, the court shall impose the sentence for
aggravated murder or the offense listed in subsection (4) of this
section as provided in subsection (2) of this section and shall
impose sentences for the other offenses as otherwise provided by
law.
(b) If a person charged and tried as provided in subsection (6)
of this section is not found guilty of aggravated murder or an
offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense
for which waiver is authorized under ORS 419C.349, the court,
upon motion of the district attorney, shall hold a hearing to
determine whether to retain jurisdiction or to transfer the case
to juvenile court for disposition. In determining whether to
retain jurisdiction, the court shall consider the criteria for
waiver in ORS 419C.349. If the court retains jurisdiction, the
court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court
shall:
(A) Order that a presentence report be prepared;
(B) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(C) Enter an order transferring the case to the juvenile court
for disposition under ORS 419C.067 and 419C.411.
SECTION 7. ORS 137.712 is amended to read:
137.712. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a
person is convicted of manslaughter in the second degree as
defined in ORS 163.125, { - assault in the second degree as
defined in ORS 163.175 (1)(b), - } kidnapping in the second
degree as defined in ORS 163.225, rape in the second degree as
defined in ORS 163.365, sodomy in the second degree as defined in
ORS 163.395 { - , - } { + or + } unlawful sexual penetration
in the second degree as defined in ORS 163.408, { - sexual
abuse in the first degree as defined in ORS 163.427 (1)(a)(A) or
robbery in the second degree as defined in ORS 164.405, - } the
court may impose a sentence according to the rules of the Oregon
Criminal Justice Commission that is less than the minimum
sentence that otherwise may be required by ORS 137.700 or 137.707
if the court, on the record at sentencing, makes the findings set
forth in subsection (2) of this section and finds that a
substantial and compelling reason under the rules of the Oregon
Criminal Justice Commission justifies the lesser sentence. When
the court imposes a sentence under this subsection, the person is
eligible for a reduction in the sentence as provided in ORS
421.121 and any other statute.
(b) In order to make a dispositional departure under this
section, the court must make the following additional findings on
the record:
(A) There exists a substantial and compelling reason not relied
upon in paragraph (a) of this subsection;
(B) A sentence of probation will be more effective than a
prison term in reducing the risk of offender recidivism; and
(C) A sentence of probation will better serve to protect
society.
(2) A conviction is subject to subsection (1) of this section
only if the sentencing court finds on the record by a
preponderance of the evidence:
(a) If the conviction is for manslaughter in the second degree:
(A) That the victim was a dependent person as defined in ORS
163.205 who was at least 18 years of age;
(B) That the defendant is the mother or father of the victim;
(C) That the death of the victim was the result of an injury or
illness that was not caused by the defendant;
(D) That the defendant treated the injury or illness solely by
spiritual treatment in accordance with the religious beliefs or
practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victim's recovery from
the injury or illness;
(E) That no other person previously under the defendant's care
has died or sustained significant physical injury as a result of
or despite the use of spiritual treatment, regardless of whether
the spiritual treatment was used alone or in conjunction with
medical care; and
(F) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
{ - (b) If the conviction is for assault in the second
degree: - }
{ - (A) That the victim was not physically injured by means
of a deadly weapon; - }
{ - (B) That the victim did not suffer a significant physical
injury; and - }
{ - (C) That the defendant does not have a previous
conviction for a crime listed in subsection (4) of this
section. - }
{ - (c) - } { + (b) + } If the conviction is for kidnapping
in the second degree:
(A) That the victim was at least 12 years of age at the time
the crime was committed; and
(B) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
{ - (d) If the conviction is for robbery in the second
degree: - }
{ - (A) That the victim did not suffer a significant physical
injury; - }
{ - (B) That, if the defendant represented by words or
conduct that the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of
imminent significant physical injury; - }
{ - (C) That, if the defendant represented by words or
conduct that the defendant was armed with a deadly weapon, the
representation did not reasonably put the victim in fear of
imminent physical injury; and - }
{ - (D) That the defendant does not have a previous
conviction for a crime listed in subsection (4) of this
section. - }
{ - (e) - } { + (c) + } If the conviction is for rape in
the second degree { - , - } { + or + } sodomy in the second
degree { - or sexual abuse in the first degree - } :
(A) That the victim was at least 12 years of age, but under 14
years of age, at the time of the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim; and
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense.
{ - (f) - } { + (d) + } If the conviction is for unlawful
sexual penetration in the second degree:
(A) That the victim was 12 years of age or older at the time of
the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim;
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
(G) That the object used to commit the unlawful sexual
penetration was the hand or any part thereof of the defendant.
(3) In making the findings required by subsections (1) and (2)
of this section, the court may consider any evidence presented at
trial and may receive and consider any additional relevant
information offered by either party at sentencing.
(4) The crimes to which subsection (2)(a)(F), { - (b)(C),
(c)(B), (d)(D), (e)(B) and (f)(B) - } { + (b)(B), (c)(B) and
(d)(B) + } of this section refer are:
(a) A crime listed in ORS 137.700 (2) or 137.707 (4);
(b) Escape in the first degree, as defined in ORS 162.165;
(c) Aggravated murder, as defined in ORS 163.095;
(d) Criminally negligent homicide, as defined in ORS 163.145;
(e) Assault in the third degree, as defined in ORS 163.165;
(f) Criminal mistreatment in the first degree, as defined in
ORS 163.205 (1)(b)(A);
(g) Rape in the third degree, as defined in ORS 163.355;
(h) Sodomy in the third degree, as defined in ORS 163.385;
(i) Sexual abuse in the second degree, as defined in ORS
163.425;
(j) Stalking, as defined in ORS 163.732;
(k) Burglary in the first degree, as defined in ORS 164.225,
when it is classified as a person felony under the rules of the
Oregon Criminal Justice Commission;
(L) Arson in the first degree, as defined in ORS 164.325;
(m) Robbery in the third degree, as defined in ORS 164.395;
(n) Intimidation in the first degree, as defined in ORS
166.165;
(o) Promoting prostitution, as defined in ORS 167.012; and
(p) An attempt or solicitation to commit any Class A or B
felony listed in paragraphs (a) to (L) of this subsection.
(5) Notwithstanding ORS 137.545 { - (5)(b) - } , if a person
sentenced to probation under this section violates a condition of
probation by committing a new crime, the court shall revoke the
probation and impose the presumptive sentence of imprisonment
under the rules of the Oregon Criminal Justice Commission.
(6) As used in this section:
(a) 'Conviction' includes, but is not limited to:
(A) A juvenile court adjudication finding a person within the
court's jurisdiction under ORS 419C.005, if the person was at
least 15 years of age at the time the person committed the
offense that brought the person within the jurisdiction of the
juvenile court. 'Conviction' does not include a juvenile court
adjudication described in this subparagraph if the person
successfully asserted the defense set forth in ORS 419C.522.
(B) A conviction in another jurisdiction for a crime that if
committed in this state would constitute a crime listed in
subsection (4) of this section.
(b) 'Previous conviction' means a conviction that was entered
prior to imposing sentence on the current crime provided that the
prior conviction is based on a crime committed in a separate
criminal episode. 'Previous conviction' does not include a
conviction for a Class C felony, including an attempt or
solicitation to commit a Class B felony, or a misdemeanor, unless
the conviction was entered within the 10-year period immediately
preceding the date on which the current crime was committed.
(c) 'Significant physical injury' means a physical injury that:
(A) Creates a risk of death that is not a remote risk;
(B) Causes a serious and temporary disfigurement;
(C) Causes a protracted disfigurement; or
(D) Causes a prolonged impairment of health or the function of
any bodily organ.
SECTION 8. { + (1) The amendments to 137.700, 137.707 and
137.712 by sections 5 to 7 of this 2013 Act apply to sentences
imposed on or after the effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section:
(a) The amendments to ORS 137.700, 137.707 and 137.712 by
sections 5 to 7 of this 2013 Act do not apply to persons who were
originally sentenced prior to the effective date of this 2013 Act
and who are subsequently resentenced as the result of an
appellate decision, a post-conviction relief proceeding or for
any other reason.
(b) The amendments to ORS 137.707 by section 6 of this 2013 Act
do not affect the jurisdiction of the circuit court over a
defendant who is prosecuted as an adult based on an accusatory
instrument filed before the effective date of this 2013 Act. + }
{ +
IV. SENTENCES FOR CERTAIN REPEAT PROPERTY AND + }
{ +
DRUG OFFENSES - M57 MODIFICATION + }
SECTION 9. ORS 137.717 is amended to read:
137.717. (1) When a court sentences a person convicted of:
(a) Aggravated theft in the first degree under ORS 164.057,
burglary in the first degree under ORS 164.225, robbery in the
third degree under ORS 164.395, identity theft under ORS 165.800
or aggravated identity theft under ORS 165.803, the presumptive
sentence is { - 24 months - } { + a term + }of
incarceration { + , determined by the court, that is equal to or
greater than 19 months and does not exceed 24 months + }, unless
the rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, burglary in the first degree under ORS
164.225, robbery in the third degree under ORS 164.395, robbery
in the second degree under ORS 164.405, robbery in the first
degree under ORS 164.415 or aggravated identity theft under ORS
165.803;
(B) Two or more previous convictions for any combination of the
crimes listed in subsection (2) of this section; or
(C) A previous conviction for a crime listed in subsection (2)
of this section, if the current crime of conviction was committed
while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous conviction.
(b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, mail theft or receipt of
stolen mail under ORS 164.162, burglary in the second degree
under ORS 164.215, criminal mischief in the first degree under
ORS 164.365, computer crime under ORS 164.377, forgery in the
first degree under ORS 165.013, criminal possession of a forged
instrument in the first degree under ORS 165.022, fraudulent use
of a credit card under ORS 165.055 (4)(b), possession of a stolen
vehicle under ORS 819.300 or trafficking in stolen vehicles under
ORS 819.310, the presumptive sentence is { - 18 months - }
{ + a term + } of incarceration, { + determined by the court,
that is equal to or greater than 13 months and does not exceed 18
months, + }unless the rules of the Oregon Criminal Justice
Commission prescribe a longer presumptive sentence, if the person
has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, unauthorized use of a vehicle under ORS
164.135, burglary in the first degree under ORS 164.225, robbery
in the third degree under ORS 164.395, robbery in the second
degree under ORS 164.405, robbery in the first degree under ORS
164.415, possession of a stolen vehicle under ORS 819.300,
trafficking in stolen vehicles under ORS 819.310 or aggravated
identity theft under ORS 165.803;
(B) Two or more previous convictions for any combination of the
crimes listed in subsection (2) of this section; or
(C) A previous conviction for a crime listed in subsection (2)
of this section, if the current crime of conviction was committed
while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous conviction.
(2) The crimes to which subsection (1) of this section applies
are:
(a) Theft in the second degree under ORS 164.045;
(b) Theft in the first degree under ORS 164.055;
(c) Aggravated theft in the first degree under ORS 164.057;
(d) Unauthorized use of a vehicle under ORS 164.135;
(e) Mail theft or receipt of stolen mail under ORS 164.162;
(f) Burglary in the second degree under ORS 164.215;
(g) Burglary in the first degree under ORS 164.225;
(h) Criminal mischief in the second degree under ORS 164.354;
(i) Criminal mischief in the first degree under ORS 164.365;
(j) Computer crime under ORS 164.377;
(k) Forgery in the second degree under ORS 165.007;
(L) Forgery in the first degree under ORS 165.013;
(m) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
(n) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
(o) Fraudulent use of a credit card under ORS 165.055;
(p) Identity theft under ORS 165.800;
(q) Possession of a stolen vehicle under ORS 819.300;
(r) Trafficking in stolen vehicles under ORS 819.310; and
(s) Any attempt to commit a crime listed in this subsection.
(3)(a) A presumptive sentence described in subsection (1) of
this section shall be increased by two months for each previous
conviction the person has that:
(A) Was for any of the crimes listed in subsection (1) or (2)
of this section; and
(B) Was not used as a predicate for the presumptive sentence
described in subsection (1) of this section.
(b) Previous convictions may not increase a presumptive
sentence described in subsection (1) of this section by more than
12 months under this subsection.
(4) The court may impose a sentence other than the sentence
provided by subsection (1) or (3) of this section if the court
imposes:
(a) A longer term of incarceration that is otherwise required
or authorized by law; or
(b) A departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons. Unless the law or the rules of the Oregon
Criminal Justice Commission allow for imposition of a longer
sentence, the maximum departure allowed for a person sentenced
under this subsection is double the presumptive sentence provided
in subsection (1) or (3) of this section.
(5) Notwithstanding subsection (4)(b) of this section, the
court may not sentence a person under subsection (4) of this
section to a term of incarceration that exceeds the period of
time described in ORS 161.605.
(6) The court shall sentence a person under this section to at
least the presumptive sentence described in subsection (1) or (3)
of this section, unless the parties stipulate otherwise or the
court finds that:
(a) The person was not on probation, parole or post-prison
supervision for a crime listed in subsection (1) of this section
at the time of the commission of the current crime of conviction;
(b) The person has not previously received a downward departure
from a presumptive sentence for a crime listed in subsection (1)
of this section;
(c) The harm or loss caused by the crime is not greater than
usual for that type of crime; and
(d) In consideration of the nature of the offense and the harm
to the victim, a downward departure will:
(A) Increase public safety;
(B) Enhance the likelihood that the person will be
rehabilitated; and
(C) Not unduly reduce the appropriate punishment.
(7)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
of sentence in open court. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.
(b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
(8) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
(9) As used in this section:
(a) 'Downward departure' means a downward dispositional
departure or a downward durational departure under the rules of
the Oregon Criminal Justice Commission.
(b) 'Previous conviction' includes:
(A) Convictions occurring before, on or after July 1, 2003; and
(B) Convictions entered in any other state or federal court for
comparable offenses.
SECTION 10. ORS 475.933 is amended to read:
475.933. (1) When a court sentences a person convicted of
{ - a crime listed in subsection (2) of this section - } { +
the unlawful delivery of a controlled substance, other than
marijuana, to a person under 18 years of age under ORS
475.906 + }, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a
downward durational departure under the rules of the Oregon
Criminal Justice Commission if the person has a previous
conviction for { + the unlawful delivery of a controlled
substance, other than marijuana, to a person under 18 years of
age under ORS 475.906. + } { - any of the crimes listed in
subsection (2) of this section. - }
{ - (2) The crimes to which subsection (1) of this section
applies are: - }
{ - (a) Manufacture or delivery of a controlled substance,
other than marijuana, under ORS 475.752 (1); - }
{ - (b) Creation or delivery of a counterfeit substance,
other than marijuana, under ORS 475.752 (2); - }
{ - (c) Manufacture or delivery of heroin under ORS 475.846,
475.848, 475.850 or 475.852; - }
{ - (d) Manufacture or delivery of
3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868,
475.870 or 475.872; - }
{ - (e) Manufacture or delivery of cocaine under ORS 475.876,
475.878, 475.880 or 475.882; - }
{ - (f) Manufacture or delivery of methamphetamine under ORS
475.886, 475.888, 475.890 or 475.892; - }
{ - (g) Manufacture or delivery of a controlled substance
within 1,000 feet of a school under ORS 475.904; - }
{ - (h) Delivery of a controlled substance to a person under
18 years of age under ORS 475.906; and - }
{ - (i) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967. - }
{ - (3)(a) - } { + (2)(a) + } For a crime committed on or
after November 1, 1989, a conviction is considered to have
occurred upon the pronouncement in open court of sentence.
However, when sentences are imposed for two or more convictions
arising out of the same conduct or criminal episode, none of the
convictions is considered to have occurred prior to any of the
other convictions arising out of the same conduct or criminal
episode.
(b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
{ - (4) - } { + (3) + } For purposes of this section,
previous convictions must be proven pursuant to ORS 137.079.
{ - (5) - } { + (4) + } As used in this section, 'previous
conviction '
{ - means: - }
{ - (a) Convictions occurring before, on or after July 1,
2009; and - }
{ - (b) - } { + includes + } convictions entered in any
other state or federal court for comparable offenses.
SECTION 11. { + (1) The amendments to ORS 137.717 and 475.933
by sections 9 and 10 of this 2013 Act apply to:
(a) Sentences imposed for crimes committed on or after the
effective date of this 2013 Act; and
(b) Previous convictions entered before, on or after the
effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 137.717 and 475.933 by sections 9 and 10 of
this 2013 Act do not apply to persons who were originally
sentenced prior to the effective date of this 2013 Act and who
are subsequently resentenced as the result of an appellate
decision, a post-conviction relief proceeding or for any other
reason. + }
{ +
V. TRANSITIONAL LEAVE + }
SECTION 12. ORS 421.168 is amended to read:
421.168. (1) The Director of the Department of Corrections
shall establish { - by rule - } a short-term transitional
leave program. The program shall provide inmates with an
opportunity to secure appropriate transitional support when
necessary for successful reintegration into the community prior
to the inmate's discharge to post-prison supervision.
(2) { - An inmate may submit a transition plan to the
Department of Corrections. The plan shall indicate that the
inmate has secured - } { + The Department of Corrections shall
identify each inmate who is eligible for the short-term
transitional leave program described in this section and shall,
in conjunction with the supervisory authority for the county in
which the inmate will be released on parole or post-prison
supervision, assist each eligible inmate in identifying and
securing + } an employment, educational or other transitional
opportunity in the community to which the offender will be
released { - and that a leave of up to 30 days is an essential
part of the offender's successful reintegration into the
community - } .
(3) { - Upon verification of - } { + If + } the inmate's
transition plan { + is approved by the department and
participation in the short-term transitional leave program is an
essential part of the inmate's successful reintegration into the
community + }, the department may grant a transitional leave no
more than { - 30 - } { + 90 + } days prior to the inmate's
discharge date.
(4) No inmate shall be eligible for transitional leave before
having served six months of prison incarceration.
(5) The department shall { - establish by rule - }
{ + adopt rules to carry out the provisions of this section. The
rules must include + } a set of release conditions for
{ - offenders - } { + inmates + }released on transitional
leave status. An { - offender - } { + inmate + } on
transitional leave status { - shall be - } { + is + } subject
to immediate return to prison for any violation of the conditions
of release.
(6) The provisions of this section do not apply to inmates
whose sentences were imposed under ORS 137.635 { + , 137.700,
137.707 or any other provision of law that prohibits release on
any form of temporary leave from custody + }.
SECTION 13. { + (1) The amendments to ORS 421.168 by section
12 of this 2013 Act apply to inmates sentenced on or after the
effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 421.168 by section 12 of this 2013 Act do not
apply to persons who were originally sentenced prior to the
effective date of this 2013 Act and who are subsequently
resentenced as the result of an appellate decision, a
post-conviction relief proceeding or for any other reason. + }
{ +
VI. + } { + EARNED TIME + }
SECTION 14. ORS 421.121 is amended to read:
421.121. (1) Except as { - provided in ORS 137.635 - } { +
otherwise provided by law + }, each inmate sentenced to the
custody of the Department of Corrections for felonies committed
on or after November 1, 1989, is eligible for a reduction in the
term of incarceration for:
(a) Appropriate institutional behavior, as defined by rule of
the Department of Corrections; and
(b)(A) Participation in the adult basic skills development
program described in ORS 421.084; or
(B) Obtaining a high school diploma, a General Educational
Development (GED) certificate, a certificate or degree from a
post-secondary education institution as defined in ORS 337.511 or
a journey level certification from a registered apprenticeship
program as defined in ORS 660.010. The reduction described in
this subparagraph may not exceed a period of 60 days.
(2) { - (a) - } The maximum amount of time credits earned for
appropriate institutional behavior, for participation in the
adult basic skills development program described in ORS 421.084
or for obtaining a diploma, certificate or degree described in
subsection (1)(b)(B) of this section may not exceed 30 percent of
the total term of incarceration in a Department of Corrections
institution.
{ - (b) Notwithstanding paragraph (a) of this subsection, the
maximum amount of time credits earned under this section may not
exceed 20 percent of the total term of incarceration in a
Department of Corrections institution that is imposed in a
criminal action described in subsection (3) of this section. - }
{ - (3) Subsection (2)(b) of this section applies to the
total term of incarceration that is imposed in a criminal action
in which: - }
{ - (a) The parties stipulate that the inmate is subject to
subsection (2)(b) of this section; - }
{ - (b) The inmate is convicted of an offense that was
committed less than five years after the inmate completed serving
a sentence for: - }
{ - (A) A person felony; or - }
{ - (B) A crime described in paragraph (e) of this
subsection; - }
{ - (c) The inmate is convicted of a person felony; - }
{ - (d) The inmate is convicted of an offense involving the
use or threatened use of a firearm; or - }
{ - (e) The inmate is convicted of any of the following
crimes: - }
{ - (A) Subjecting another person to involuntary servitude in
the second degree under ORS 163.263; - }
{ - (B) Subjecting another person to involuntary servitude in
the first degree under ORS 163.264; - }
{ - (C) Trafficking in persons under ORS 163.266; - }
{ - (D) Coercion under ORS 163.275; - }
{ - (E) Online sexual corruption of a child in the second
degree under ORS 163.432; - }
{ - (F) Online sexual corruption of a child in the first
degree under ORS 163.433; - }
{ - (G) Aggravated theft in the first degree under ORS
164.057, if: - }
{ - (i) The victim of the theft was 65 years of age or older
at the time of the commission of the offense; and - }
{ - (ii) The value of the property stolen from the victim
described in sub-subparagraph (i) of this subparagraph, in a
single or aggregate transaction, is $10,000 or more; - }
{ - (H) Treason under ORS 166.005; - }
{ - (I) Abuse of a corpse in the second degree under ORS
166.085; - }
{ - (J) Racketeering activities under ORS 166.720; - }
{ - (K) Luring a minor under ORS 167.057; - }
{ - (L) Assaulting a law enforcement animal under ORS
167.339; - }
{ - (M) A sex crime as defined in ORS 181.594; - }
{ - (N) Causing another person to ingest a controlled
substance under ORS 475.908; - }
{ - (O) Applying a controlled substance to the body of
another person under ORS 475.910; - }
{ - (P) Driving while under the influence of intoxicants
under ORS 813.010 (5); or - }
{ - (Q) An attempt, conspiracy or solicitation to commit an
offense described in this paragraph or in paragraph (c) or (d) of
this subsection. - }
{ - (4) - } { + (3)(a) + } The time credits may not be used
to shorten the term of actual prison confinement to less than six
months.
{ + (b) If an inmate is serving a sentence that is ineligible
for earned time, the department may not grant the inmate earned
time on any other sentence that is imposed concurrently with the
ineligible sentence. + }
{ - (5) - } { + (4) + } The department shall adopt rules
pursuant to the rulemaking provisions of ORS chapter 183 to
establish a process for granting, retracting and restoring the
time credits earned by the offender as allowed in subsections (1)
to { - (4) - } { + (3) + } of this section. { + Rules
adopted under this section must impose rigorous conditions on the
granting of earned time. + }
{ - (6) As used in this section: - }
{ - (a) 'Completed serving a sentence' includes the
completion of any term of probation, parole or post-prison
supervision. - }
{ - (b) 'Person felony' has the meaning given that term in
the rules of the Oregon Criminal Justice Commission. - }
SECTION 15. ORS 421.121, as amended by section 3, chapter 2,
Oregon Laws 2010, is amended to read:
421.121. (1) Except as { - provided in ORS 137.635 - } { +
otherwise provided by law + }, each inmate sentenced to the
custody of the Department of Corrections for felonies committed
on or after November 1, 1989, is eligible for a reduction in the
term of incarceration for:
(a) Appropriate institutional behavior, as defined by rule of
the Department of Corrections; and
(b)(A) Participation in the adult basic skills development
program described in ORS 421.084; or
(B) Obtaining a high school diploma, a General Educational
Development (GED) certificate, a certificate or degree from a
post-secondary education institution as defined in ORS 337.511 or
a journey level certification from a registered apprenticeship
program as defined in ORS 660.010. The reduction described in
this subparagraph may not exceed a period of 60 days.
(2) The maximum amount of time credits earned for appropriate
institutional behavior, for participation in the adult basic
skills development program described in ORS 421.084 or for
obtaining a diploma, certificate or degree described in
subsection (1)(b)(B) of this section may not exceed { - 20 - }
{ + 30 + } percent of the total term of incarceration in a
Department of Corrections institution.
(3) { + (a) + } The time credits may not be used to shorten the
term of actual prison confinement to less than six months.
{ + (b) If an inmate is serving a sentence that is ineligible
for earned time, the department may not grant the inmate earned
time on any other sentence that is imposed concurrently with the
ineligible sentence. + }
(4) The department shall adopt rules pursuant to the rulemaking
provisions of ORS chapter 183 to establish a process for
granting, retracting and restoring the time credits earned by the
offender as allowed in subsections (1) to (3) of this section.
{ + Rules adopted under this section must impose rigorous
conditions on the granting of earned time. + }
SECTION 16. { + (1) The amendments to ORS 421.121 by sections
14 and 15 of this 2013 Act apply to sentences imposed on or after
the effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 421.121 by sections 14 and 15 of this 2013 Act
do not apply to persons who were originally sentenced prior to
the effective date of this 2013 Act and who are subsequently
resentenced as the result of an appellate decision, a
post-conviction relief proceeding or for any other reason. + }
{ +
VII. ALTERNATIVE INCARCERATION PROGRAM + }
{ +
(INCLUDING ADDITIONAL AMENDMENTS RELATED TO + }
{ +
IX. COMMUNITY CORRECTIONS EARNED DISCHARGE) + }
SECTION 17. ORS 137.750 is amended to read:
137.750. (1) When a court sentences a defendant to a term of
incarceration upon conviction of a crime, the court shall order
on the record in open court as part of the sentence imposed that
the defendant may be considered by the executing or releasing
authority for any form of temporary leave from custody, reduction
in sentence, work release { + , alternative incarceration
program + } or program of conditional or supervised release
authorized by law for which the defendant is otherwise eligible
at the time of sentencing, unless the court finds on the record
in open court substantial and compelling reasons to order that
the defendant not be considered for such leave, release or
program.
(2) The executing or releasing authority may consider the
defendant for a program described in subsection (1) of this
section only upon order of the sentencing court appearing in the
judgment.
(3) As used in this section:
(a) 'Executing or releasing authority' means the Department of
Corrections, State Board of Parole and Post-Prison Supervision,
Psychiatric Security Review Board, Oregon Health Authority,
sentencing court or supervisory authority.
(b) 'Supervisory authority' has the meaning given that term in
ORS 144.087.
SECTION 18. ORS 137.751 is amended to read:
137.751. (1) { + Except as otherwise provided in ORS
137.750, + } when a court sentences a defendant to a term of
incarceration that exceeds one year, { - the defendant may
request a determination of the defendant's eligibility for
release on post-prison supervision under ORS 421.508 (4). - }
the court shall order in the judgment that the Department of
Corrections may release the defendant on post-prison supervision
under ORS 421.508 (4) { - only if - } { + unless + }, after a
hearing, the court finds that:
{ - (a) The defendant meets the eligibility requirements of
subsections (2) and (3) of this section; - }
{ - (b) - } { + (a) + } The defendant was { - not - } on
probation, parole or post-prison supervision for an offense
listed in ORS 137.712 (4) or 811.705 (2)(b) at the time of the
commission of the current crime of conviction;
{ - (c) - } { + (b) + } The defendant has { - not - }
previously been released on post-prison supervision under ORS
421.508 (4);
{ - (d) - } { + (c) + } The harm or loss caused by the
crime is { - not - } greater than usual for that type of crime;
{ - (e) - } { + (d) + } The crime was { - not - } part
of an organized criminal operation; { - and - }
{ - (f) - } { + (e) + } After considering the nature of the
offense and the harm to the victim, the defendant's successful
completion of the program would:
(A) { - Increase - } { + Decrease + } public safety;
(B) { - Enhance - } { + Decrease + } the likelihood that
the defendant would be rehabilitated; { - and - } { + or + }
(C) { - Not - } Unduly reduce the appropriate
punishment { + ; + } { - . - }
{ - (2) - } { + (f) + } { - Except as provided in
subsection (4) of this section, a defendant may not be released
on post-prison supervision under ORS 421.508 (4) if - } The
defendant is being sentenced for a crime under ORS 163.145,
163.165 (1)(a) or (b), 163.525 or 811.705 (2)(b) { - . - }
{ + ; or + }
{ - (3) - } { + (g) + } { - A defendant may not be
released on post-prison supervision under ORS 421.508 (4) if - }
The defendant is being sentenced for a crime listed in ORS
137.700, 137.707 or 163.095 or a sex crime as defined in ORS
181.594.
{ - (4) - } { + (2) + } Notwithstanding subsection (1) of
this section, the parties may stipulate to a defendant's
eligibility for release on post-prison supervision under ORS
421.508 (4). { - If the court accepts the stipulation, the
court does not need to make explicit findings regarding the
factors described in subsection (1)(b) to (f) of this
section. - } The parties may not stipulate to the defendant's
release on post-prison supervision under ORS 421.508 (4) if the
defendant is being sentenced for a crime described in subsection
{ - (3) - } { + (1)(g) + } of this section.
{ - (5) If the court makes the findings described in
subsection (1) of this section or accepts the stipulation of the
parties under subsection (4) of this section, the court
shall: - }
{ - (a) Order on the record in open court as part of the
sentence imposed that the defendant may be considered by the
department for release on post-prison supervision under ORS
421.508 (4); and - }
{ - (b) Include the order described in paragraph (a) of this
subsection in the judgment. - }
{ - (6) - } { + (3) + } Subject to the requirements of this
section, the court may order that the defendant serve a minimum
period of incarceration before the defendant is released on
post-prison supervision under ORS 421.508 (4). Nothing in this
section authorizes the release of the defendant on post-prison
supervision before the defendant has served the period of time
described in ORS 421.508 (4)(b).
SECTION 19. ORS 421.508 is amended to read:
421.508. (1)(a) The Department of Corrections is responsible
for determining which offenders are eligible to participate in,
and which offenders are accepted for, a program.
{ - However - } { + Except as provided in ORS 137.751 (3) + },
the department may { - not - } release an offender under
subsection (4) of this section { - unless - } { + when + }
authorized to do so as provided in ORS { - 137.751 - } { +
137.750 + }.
(b) The department may not accept an offender into a program
unless the offender submits a written request to participate. The
request must contain a signed statement providing that the
offender:
(A) Is physically and mentally able to withstand the rigors of
the program; and
(B) Has reviewed the program description provided by the
department and agrees to comply with each of the requirements of
the program.
(c) The department may deny, for any reason, a request to
participate in a program. The department shall make the final
determination regarding an offender's physical or mental ability
to withstand the rigors of the program.
(d) If the department determines that an offender's
participation in a program is consistent with the safety of the
community, the welfare of the applicant, the program objectives
and the rules of the department, the department may, in its
discretion, accept the offender into the program.
(2) The department may suspend or remove an offender from a
program for administrative or disciplinary reasons.
(3) The department may not accept an offender into a program
if:
(a) The department has removed the offender from a program
during the term of incarceration for which the offender is
currently sentenced; or
(b) The offender has a current detainer from any jurisdiction
that will not expire prior to the offender's release from the
custody of the department.
(4) When an offender has successfully completed a program, the
department may release the offender on post-prison supervision
if:
(a) The court has entered the order described in ORS
{ - 137.751 - } { + 137.750 + }; and
(b) The offender has served a term of incarceration of at least
one year.
(5) An offender may not be released on post-prison supervision
under subsection (4) of this section if the release would reduce
the term of incarceration the offender would otherwise be
required to serve by more than 20 percent.
(6) For the purposes of calculating the term of incarceration
served under subsection (4)(b) of this section, the department
shall include:
(a) The time that an offender is confined under ORS 137.370
(2)(a); and
(b) The time for which an offender is granted nonprison leave
under ORS 421.510.
(7) Successful completion of a program does not relieve the
offender from fulfilling any other obligations imposed as part of
the sentence including, but not limited to, the payment of
restitution and fines.
SECTION 20. ORS 421.510 is amended to read:
421.510. (1) The Department of Corrections may consider an
offender for nonprison leave under this section if the court has
entered the order described in ORS { - 137.751 - } { +
137.750 + }.
(2) Nonprison leave shall provide offenders with an opportunity
to secure appropriate transitional support when necessary for
successful reintegration into the community prior to the
offenders' discharge to post-prison supervision.
(3) An offender may submit a nonprison leave plan to the
Department of Corrections. The plan shall indicate that the
offender has secured an employment, educational or other
transitional opportunity in the community to which the offender
will be released and that a leave of up to 90 days is an
essential part of the offender's successful reintegration into
the community.
(4) Upon verification of the offender's nonprison leave plan,
the department may grant nonprison leave no more than 90 days
prior to the offender's date of release on post-prison
supervision under ORS 421.508 (4).
(5) The department shall establish by rule a set of conditions
for offenders released on nonprison leave. An offender on
nonprison leave shall be subject to immediate return to prison
for any violation of the conditions of nonprison leave.
(6) During the period of nonprison leave, the offender must
reside in, and be supervised within, the state.
SECTION 21. { + (1) The amendments to ORS 137.750, 137.751,
421.508 and 421.510 by sections 17 to 20 of this 2013 Act apply
to defendants sentenced for crimes committed on or after the
effective date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 137.750, 137.751, 421.508 and 421.510 by
sections 17 to 20 of this 2013 Act do not apply to persons who
were originally sentenced prior to the effective date of this
2013 Act and who are subsequently resentenced as the result of an
appellate decision, a post-conviction relief proceeding or for
any other reason. + }
{ +
VIII. EARNED REVIEW FOR YOUTH OFFENDERS: + }
{ +
' SECOND LOOK' + }
SECTION 22. ORS 420A.203 is amended to read:
420A.203. (1)(a) { - This section and - } ORS { + 420A.203
to + } 420A.206 apply only to persons who were under 18 years of
age at the time of the commission of the offense for which the
persons were sentenced to a term of imprisonment, who committed
the offense on or after June 30, 1995, and who were { +
sentenced to a term of imprisonment + }:
(A) { - Sentenced to a term of imprisonment - } Of at least
24 months following waiver under ORS 419C.349, 419C.352, 419C.364
or 419C.370; { - or - }
(B) { - Sentenced to a term of imprisonment - } Of at least
24 months under ORS 137.707 (5)(b)(A) or (7)(b) { + ; or
(C) Under ORS 137.707 (4) for an offense other than murder + }.
(b) When a person described in paragraph (a) of this subsection
has served one-half of the sentence imposed, the sentencing court
shall determine what further commitment or disposition is
appropriate as provided in this section. { - As used in this
subsection and subsection (2) of this section, 'sentence imposed'
means the total period of mandatory incarceration imposed for all
convictions resulting from a single prosecution or criminal
proceeding not including any reduction in the sentence under ORS
421.121 or any other statute. - }
(2)(a) No more than 120 days and not less than 60 days before
the date on which a person has served one-half of the sentence
imposed, the Oregon Youth Authority or the Department of
Corrections, whichever has physical custody of the person, shall
file in the sentencing court a notice and request that the court
set a time and place for the hearing required under this section.
The youth authority or department shall serve the person with a
copy of the notice and request for hearing on or before the date
of filing.
(b) Upon receiving the notice and request for a hearing under
paragraph (a) of this subsection, the sentencing court shall
schedule a hearing for a date not more than 30 days after the
date on which the person will have served one-half of the
sentence imposed or such later date as is agreed upon by the
parties.
(c) The court shall notify the following of the time and place
of the hearing:
(A) The person and { + , if the person is a minor, + } the
person's parents;
(B) The records supervisor of the correctional institution in
which the person is incarcerated; and
(C) The district attorney who prosecuted the case.
(d) The court shall make reasonable efforts to notify the
following of the time and place of the hearing:
(A) The victim and { + , if the victim is a minor, + } the
victim's parents or legal guardian; and
(B) Any other person who has filed a written request with the
court to be notified of any hearing concerning the transfer,
discharge or release of the person.
(3) In a hearing under this section:
(a) The person and the state are parties to the proceeding.
(b) The person has the right to appear with counsel. If the
person requests that the court appoint counsel and the court
determines that the person is financially eligible for appointed
counsel at state expense, the court shall order that counsel be
appointed.
(c) The district attorney represents the state.
(d) The court shall determine admissibility of evidence as if
the hearing were a sentencing proceeding.
(e) The court may consider, when relevant, written reports of
the Oregon Youth Authority, the Department of Corrections and
qualified experts, in addition to the testimony of witnesses.
Within a reasonable time before the hearing, as determined by the
court, the person must be given the opportunity to examine all
reports and other documents concerning the person that the state,
the Oregon Youth Authority or the Department of Corrections
intends to submit for consideration by the court at the hearing.
(f) Except as otherwise provided by law or by order of the
court based on good cause, the person must be given access to the
records maintained in the person's case by the Oregon Youth
Authority and the Department of Corrections.
(g) The person may examine all of the witnesses called by the
state, may subpoena and call witnesses to testify on the person's
behalf and may present evidence and argument. The court may
permit witnesses to appear by telephone or other two-way
electronic communication device.
(h) The hearing must be recorded.
(i) The hearing and the record of the hearing are open to the
public.
(j) The question to be decided is which of the dispositions
provided in subsection (4) of this section should be ordered in
the case.
(k) The person has the burden of proving by clear and
convincing evidence that the person has been rehabilitated and
reformed, and if conditionally released, the person would not be
a threat to the safety of the victim, the victim's family or the
community and that the person would comply with the release
conditions.
(4)(a) At the conclusion of the hearing and after considering
and making findings regarding each of the factors in paragraph
(b) of this subsection, the court shall order one of the
following dispositions:
(A) Order that the person serve the entire remainder of the
sentence of imprisonment imposed, { + subject to section 24 of
this 2013 Act and + } taking into account any reduction in the
sentence { + for which the person is eligible + }under ORS
421.121 or any other statute, with the person's physical custody
determined under ORS 137.124, 420.011 and 420A.200.
(B) Order that the person be conditionally released under ORS
420A.206 at such time as the court may order, if the court finds
that the person:
(i) Has been rehabilitated and reformed;
(ii) Is not a threat to the safety of the victim, the victim's
family or the community; and
(iii) Will comply with the conditions of release.
(b) In making the determination under this section, the court
shall consider:
(A) The experiences and character of the person before and
after commitment to the Oregon Youth Authority or the Department
of Corrections;
(B) The person's juvenile and criminal records;
(C) The person's mental, emotional and physical health;
(D) The gravity of the loss, damage or injury caused or
attempted, during or as part of the criminal act for which the
person was convicted and sentenced;
(E) The manner in which the person committed the criminal act
for which the person was convicted and sentenced;
(F) The person's efforts, participation and progress in
rehabilitation programs since the person's conviction;
(G) The results of any mental health or substance abuse
treatment;
(H) Whether the person demonstrates accountability and
responsibility for past and future conduct;
(I) Whether the person has made and will continue to make
restitution to the victim and the community;
(J) Whether the person will comply with and benefit from all
conditions that will be imposed if the person is conditionally
released;
(K) The safety of the victim, the victim's family and the
community;
(L) The recommendations of the district attorney, the Oregon
Youth Authority and the Department of Corrections; and
(M) Any other relevant factors or circumstances raised by the
state, the Oregon Youth Authority, the Department of Corrections
or the person.
(5) The court shall provide copies of its disposition order
under subsection (4) of this section to the parties, to the
records supervisor of the correctional institution in which the
person is incarcerated and to the manager of the
institution-based records office of the Department of
Corrections.
(6) The person or the state may appeal an order entered under
this section. On appeal, the appellate court's review is limited
to claims that:
(a) The disposition is not authorized under this section;
(b) The court failed to comply with the requirements of this
section in imposing the disposition; or
(c) The findings of the court are not supported by substantial
evidence in the record.
{ + (7) As used in ORS 420A.203 to 420A.206, 'sentence
imposed ' means the total period of mandatory incarceration
imposed for all convictions resulting from a single prosecution
or criminal proceeding, not including any reduction in the
sentence for which the person is eligible under ORS 421.121 or
any other statute. + }
SECTION 23. { + Section 24 of this 2013 Act is added to and
made a part of ORS 420A.203 to 420A.206. + }
SECTION 24. { + (1) When the court enters an order denying a
person conditional release under ORS 420A.203 (4)(a)(A), the
sentencing court shall determine what further commitment or
disposition is appropriate when the person has served
three-fourths of the sentence imposed.
(2) The provisions of ORS 420A.203 and 420A.206 apply to
proceedings conducted under this section except that:
(a) The Oregon Youth Authority or the Department of
Corrections, whichever has physical custody of the person, shall
file in the sentencing court a notice and request that the court
set a time and place for the hearing required under this section
no more than 120 days and not less than 60 days before the date
on which the person has served three-fourths of the sentence
imposed; and
(b) Upon receiving the notice and request for a hearing under
paragraph (a) of this subsection, the sentencing court shall
schedule a hearing for a date not more than 30 days after the
date on which the person will have served three-fourths of the
sentence imposed or such later date as is agreed upon by the
parties. + }
SECTION 25. ORS 420A.206 is amended to read:
420A.206. (1)(a) If, after { - the - } { + a + } hearing
required by ORS 420A.203 { + to 420A.206 + }, the court
determines that conditional release is the appropriate
disposition, the court shall direct the Department of Corrections
to prepare a proposed release plan. The Department of Corrections
shall submit the release plan no later than 45 days after
completion of the hearing. The Department of Corrections shall
incorporate any conditions recommended by the court and shall
consider any recommendations made by the Oregon Youth Authority.
The release plan submitted to the court must include:
(A) A description of support services and program opportunities
available to the person;
(B) The recommended conditions of the release and supervision;
(C) The level of supervision required;
(D) Conditions or requirements that provide for the safety of
the victim, the victim's family and the community;
(E) For persons whose sentences include a requirement to make
restitution or to pay compensatory fines or attorney fees and who
have not yet made full payment, a payment schedule;
(F) Any conditions reasonably necessary to further the reform
and rehabilitation of the person and to ensure compliance with
the other conditions imposed; and
(G) Any special conditions necessary because of the person's
individual circumstances.
(b) If the court does not approve the proposed release plan,
the court shall return the plan to the Department of Corrections
with recommended modifications and additions. The Department of
Corrections shall submit a revised plan to the court no later
than 15 days after receipt of the court's recommended
modifications and additions.
(c) If the court does not approve the revised plan, the court
shall make any changes that the court deems appropriate and
prepare the final release plan. The final release plan must
require, in addition to any other conditions, that the person:
(A) Comply with the conditions of post-release supervision;
(B) Be under the supervision of the Department of Corrections
and its representatives and follow the direction and counsel of
the Department of Corrections and its representatives;
(C) Answer all reasonable inquiries of the court or the
supervisory authority of the Department of Corrections;
(D) Report to the supervision officer as directed by the court
or the supervisory authority of the Department of Corrections;
(E) Not own, possess or be in control of any dangerous weapon
or deadly weapon, as those terms are defined in ORS 161.015, or
any dangerous animal;
(F) Respect and obey all municipal, county, state and federal
laws;
(G) Participate in a victim impact treatment program; and
(H) Pay any restitution, compensatory fine or attorney fees
ordered and regularly perform any community service ordered.
(2) When the court has approved a final release plan, the court
shall enter an order conditionally releasing the person. The
order of conditional release shall:
(a) State the conditions of release;
(b) Require the person to comply fully with all of the
conditions of release;
(c) Confirm that the person has been given a copy of the
conditions of release;
(d) Continue the person's commitment to the legal custody of
the Department of Corrections;
(e) Provide that the Department of Corrections or its designee
shall supervise the person;
(f) Provide that the period of supervision is the entire
remainder of the sentence of imprisonment imposed, taking into
account any reduction in the sentence { + for which the person
is eligible + }under ORS 421.121 or any other statute, unless
the conditional release is revoked or suspended; and
(g) Require that the Department of Corrections or its designee
submit a report to the court no later than 90 days after the
person is conditionally released and at least every 180 days
thereafter informing the court of the person's circumstances and
progress on conditional release.
(3)(a) A person conditionally released under this section
remains within the jurisdiction of the sentencing court for the
period of the conditional release.
(b) At any time after the entry of an order of conditional
release, the court, on its own motion or on motion of the
Department of Corrections, may amend the conditional release
order to modify the conditions of the person's release and
supervision, providing that the modifications are consistent with
the requirements for conditions of release in subsections (1) and
(2) of this section. Before entering an amended order under this
paragraph, the court shall provide the Department of Corrections
and the person with a reasonable amount of time to comment on the
proposed modifications. The court shall serve the Department of
Corrections and the person with a copy of the amended order at
least 15 days before the order takes effect.
(c) The Department of Corrections and the supervisory authority
may adjust the level of the person's supervision as is
appropriate to the person's progress and conduct in the
community.
(4)(a) If an officer of the Department of Corrections or the
supervisory authority or a law enforcement officer has reasonable
grounds to believe that a person released under this section has
violated a condition of the release, the officer may take the
person into custody and detain the person pending a hearing on
the alleged violation as provided in paragraph (c) of this
subsection. No later than 24 hours after a person is taken into
custody under this subsection, the Department of Corrections or
the supervisory authority shall file a notice and affidavit with
the court as provided in paragraph (b) of this subsection and
serve a copy of the notice and affidavit on the person.
(b) When a notice and affidavit is filed under paragraph (a) of
this subsection and if the court finds that the notice and
affidavit state reasonable grounds to believe the person has
violated a condition of the release, the court shall issue an
order that the person appear and show cause why the conditional
release should not be revoked or suspended as a sanction for the
alleged violation. When a court issues an order under this
paragraph, the court shall:
(A) Serve a copy of the order to show cause on the person and
the district attorney; and
(B) Provide the person with written notice containing the
following information:
(i) The time, place and purpose of the hearing;
(ii) That the person has the right to have adverse witnesses
present at the hearing for purpose of confrontation and
cross-examination unless the court determines that good cause
exists for not permitting confrontation;
(iii) That the person has the right to subpoena witnesses and
present documentary evidence and testimony of witnesses;
(iv) That the person has the right to be represented by counsel
and, if financially eligible, to have counsel appointed at state
expense as provided in paragraph (d) of this subsection; and
(v) The possible sanction authorized if the court determines
that the person has violated the conditions of release.
(c) The court shall hold the hearing no more than 15 days after
issuing the order to appear and show cause. The court may order
the person to be detained pending the hearing and disposition.
(d) In a hearing under this subsection:
(A) The person has the right to be represented by counsel and,
if financially eligible, to have counsel appointed at state
expense if the court determines, after request, that the request
is based on a timely and colorable claim that:
(i) The person has not committed the alleged violation of the
release conditions;
(ii) Even if the violation is a matter of public record or is
uncontested, there are substantial reasons that justify or
mitigate the violation and make revocation inappropriate and the
reasons are complex or otherwise difficult to develop or present;
or
(iii) The person, in doubtful cases, appears to be incapable of
speaking effectively on the person's own behalf;
(B) The Department of Corrections or the supervisory authority
has the burden of proving the alleged violation by a
preponderance of the evidence;
(C) The state is a party and is represented by the district
attorney;
(D) The standards for the introduction and admissibility of
evidence in contested case hearings under ORS 183.450 (1) and (2)
apply in the hearing;
(E) If the court finds that the person has violated the
conditions of release and that subsection (5) of this section
does not apply, the person has the burden of establishing good
cause why the conditional release should not be revoked or
suspended; and
(F) At the conclusion of the hearing, the court shall enter an
order containing findings of fact and, if the court finds that
the person violated a condition of release, stating what
sanctions are imposed.
(e) Except as provided in subsection (5) of this section, when
the court finds that the person has violated a condition of
release, the court shall impose one or more of the following
sanctions:
(A) Adjustments to the level of supervision;
(B) Modifications of the conditions of release;
(C) Any appropriate available local sanctions including, but
not limited to, community service work, house arrest, electronic
surveillance, restitution centers, work release centers or day
centers;
(D) Suspension of conditional release for up to 180 days; or
(E) Revocation of conditional release.
(5) At the conclusion of the hearing, the court shall revoke
the person's conditional release and order the person committed
to the physical custody of the Department of Corrections to be
confined for the entire remainder of the sentence of imprisonment
imposed, taking into account any reduction in the sentence { +
for which the person is eligible + }under ORS 421.121 or any
other statute, if the court finds that:
(a) The person has been convicted of a new criminal offense;
(b) The person has violated the condition prohibiting
ownership, possession or control of a dangerous weapon or deadly
weapon, as those terms are defined in ORS 161.015, or a dangerous
animal; or
(c) The person's conditional release has been suspended twice
under this section within the past 18 months.
(6)(a) The state, the Department of Corrections or the person
may appeal from an order of conditional release under this
section. The appellate court's review is limited to claims that
the court failed to comply with the requirements of law in
ordering the conditional release.
(b) The state, the Department of Corrections or the person may
appeal from an order of the court entered under subsection (4) or
(5) of this section. The appellate court's review is limited to
claims that:
(A) The disposition is not authorized under this section;
(B) The court failed to comply with the requirements of law;
and
(C) The finding of the court that the person did or did not
violate a condition of release is not supported by substantial
evidence in the record.
SECTION 26. { + (1) Section 24 of this 2013 Act and the
amendments to ORS 420A.203 and 420A.206 by sections 22 and 25 of
this 2013 Act apply to crimes committed on or after the effective
date of this 2013 Act.
(2) Notwithstanding subsection (1) of this section, section 24
of this 2013 Act and the amendments to ORS 420A.203 and 420A.206
by sections 22 and 25 of this 2013 Act do not apply to persons
who were originally sentenced prior to the effective date of this
2013 Act and who are subsequently resentenced as the result of an
appellate decision, a post-conviction relief proceeding or for
any other reason. + }
{ +
IX. COMMUNITY CORRECTIONS EARNED DISCHARGE + }
SECTION 27. { + (1) A person sentenced to felony probation or
the legal and physical custody of the supervisory authority under
ORS 137.124 (2) or section 54 (2) of this 2013 Act is eligible
for a reduction in the period of supervision for:
(a) Complying with the terms of supervision, including the
payment of restitution; and
(b) Participating in recidivism reduction programs.
(2) The maximum amount of time credits earned under this
section may not exceed 50 percent of the period of supervision
imposed.
(3) Time credits may not be used to shorten the period of
supervision to less than six months.
(4)(a) The Department of Corrections shall adopt rules to
establish a process for granting, retracting and restoring time
credits earned under this section.
(b) The supervisory authority shall comply with the rules
adopted under this section. + }
SECTION 28. { + (1) Section 27 of this 2013 Act applies to
sentences imposed on or after the effective date of this 2013
Act.
(2) Notwithstanding subsection (1) of this section, section 27
of this 2013 Act does not apply to persons who were originally
sentenced prior to the effective date of this 2013 Act and who
are subsequently resentenced as the result of an appellate
decision, a post-conviction relief proceeding or for any other
reason. + }
SECTION 29. { + Sections 22 and 23, chapter 660, Oregon Laws
2009, are repealed. + }
SECTION 30. ORS 423.483 is amended to read:
423.483. (1) The baseline funding for biennia beginning after
June 30, 1999, is the current service level for the expenses of
providing management, support services, supervision and sanctions
for offenders described in ORS 423.478 (2). 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. { + Caseloads
under this subsection shall be determined by reference to the
number of offenders who are sentenced to the legal and physical
custody of the supervisory authority under ORS 137.124 (2). + }
SECTION 31. { + The amendments to ORS 423.483 by section 30 of
this 2013 Act become operative on July 1, 2013. + }
{ +
X. STRUCTURED SANCTIONS + }
SECTION 32. 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 Oregon
Criminal Justice Commission 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 and 423.478 and any other
provision of law, the sentencing judge shall retain authority
{ - : - } { + to cause a probationer described in subsection
(1) of this section to be brought before the court for a
probation violation hearing:
(a) When a supervising officer or agency requests a hearing
concerning an alleged violation of probation;
(b) When the probationer does not consent to structured,
intermediate sanctions and exercises the right to a probation
violation hearing before the court; or
(c) On the court's own motion when an accusatory instrument is
filed alleging that the probationer has committed a criminal
offense.
(3) When a probationer is brought before the court in
accordance with subsection (2) of this section, the court
may: + }
(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 { + ; and + } { - if the court, at the time of
sentencing, states on the record that the court is retaining such
authority; - }
{ - (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) - } { + (c) + } { - To - } Impose and require an
offender to serve a period of incarceration not to exceed 180
days as a sanction for revocation of probation.
{ - (3) - } { + (4) + } 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 33. ORS 137.595 is amended to read:
137.595. (1) The Department of Corrections shall adopt rules to
carry out the purposes of chapter 680, Oregon Laws 1993, by
establishing a system of structured, intermediate probation
violation sanctions that may be imposed by the Department of
Corrections or a county community corrections agency, taking into
consideration the severity of the violation behavior, the prior
violation history, the severity of the underlying criminal
conviction, the criminal history of the offender, protection of
the community, deterrence, the effective capacity of the state
prisons and the availability of appropriate local sanctions
including, but not limited to, jail, community service work,
house arrest, electronic surveillance, restitution centers, work
release centers, day reporting centers or other local sanctions.
(2) Rules adopted by the Department of Corrections under this
section shall establish:
(a) A system of structured, intermediate probation violation
sanctions that may be imposed by the Department of Corrections or
a county community corrections agency on a probationer who waives
in writing a probation violation hearing, admits or affirmatively
chooses not to contest the violations alleged in a probation
violation report and consents to the sanctions;
(b) Procedures to provide a probationer with written notice of
the probationer's right to a hearing before the court to
determine whether the probationer violated the conditions of
probation alleged in a probation violation report, and if so,
whether to continue the probationer on probation subject to the
same or modified conditions, or order sanctions for any
violations and the right to be represented by counsel at the
hearing if the probationer is financially eligible;
(c) Procedures for a probationer to waive in writing a
probation violation hearing, admit or not contest the violations
alleged in the probation violation report and consent to the
imposition of structured, intermediate sanctions by the
Department of Corrections or a county community corrections
agency;
(d) The level and type of sanctions that may be imposed by
parole and probation officers and by supervisory personnel;
{ + (e) The level and type of violation behavior warranting a
request for a hearing under ORS 137.593 (2)(a); + }
{ - (e) - } { + (f) + } The level and type of violation
behavior warranting a recommendation to the court that probation
be revoked;
{ - (f) - } { + (g) + } Procedures for notifying district
attorneys and the courts of probation violations admitted by
probationers and the sanctions imposed by the Department of
Corrections or county community corrections agencies; and
{ - (g) - } { + (h) + } Such other policies or procedures
as are necessary to carry out the purposes of chapter 680, Oregon
Laws 1993.
(3) Jail confinement imposed as a custodial sanction by the
Department of Corrections or a county community corrections
agency pursuant to rules adopted under this section may not
exceed 60 days per violation report. The total number of days of
jail confinement for all violation reports per conviction may not
exceed the maximum number of available jail custody units under
rules adopted by the Oregon Criminal Justice Commission.
(4) Nonjail confinement imposed as a custodial sanction by the
Department of Corrections or a county community corrections
agency pursuant to rules adopted under this section may not
exceed the maximum number of available nonjail custody units
under rules adopted by the Oregon Criminal Justice Commission.
SECTION 34. { + ORS 137.599 is repealed. + }
SECTION 35. { + (1) The amendments to ORS 137.593 and 137.595
by sections 32 and 33 of this 2013 Act and the repeal of ORS
137.599 by section 34 of this 2013 Act apply to persons convicted
of a crime committed on or after the effective date of this 2013
Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 137.593 and 137.595 by sections 32 and 33 of
this 2013 Act and the repeal of ORS 137.599 by section 34 of this
2013 Act do not apply to persons who were originally sentenced
prior to the effective date of this 2013 Act and who are
subsequently resentenced as the result of an appellate decision,
a post-conviction relief proceeding or for any other reason. + }
{ +
XI. SUPERVISION CONDITIONS + }
{ +
(INCLUDING ADDITIONAL AMENDMENTS + }
{ +
RELATED TO X. STRUCTURED SANCTIONS) + }
SECTION 36. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
(B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
(C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a city police
department, a county sheriff's office or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(2) In addition to the general conditions { - , - } { + :
(a) When the court sentences a person convicted of a
misdemeanor to probation, + } the court may impose { - any - }
special conditions of probation { - that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall: - }
{ - (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, - } { + ,
including that the probationer + } be confined to the county jail
or be restricted to the probationer's own residence or to the
premises thereof, or be subject to any combination of such
confinement and restriction, such confinement or restriction or
combination thereof to be for a period not to exceed one year or
one-half of the maximum period of confinement that could be
imposed for the offense for which the defendant is convicted,
whichever is the lesser.
(b) { - For felonies committed on or after November 1,
1989, - } { + When the court sentences a person convicted of a
felony to probation, the court:
(A) Shall order that the probationer submit to risk and needs
assessments at the direction of the supervising officer or
agency, no later than 72 hours after the sentence is imposed;
(B) Shall order that the probationer be subject to any special
conditions of probation imposed by the supervising officer or
agency;
(C) May order that the probationer + } be confined in the
county jail, or be subject to other custodial sanctions under
community supervision, or both, as provided by rules of the
Oregon Criminal Justice Commission { - . - } { + ; and + }
{ - (c) - } { + (D) + } { - For crimes committed on or
after December 5, 1996, - } { + May order that the
probationer + } sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
{ + (3)(a) Special conditions of probation imposed under this
section must be reasonably related to the crime of conviction or
the needs of the probationer for the protection of the public or
reformation of the probationer, or both.
(b) When the supervising officer or agency imposes special
conditions of probation under this section, the supervising
officer or agency shall:
(A) File the special conditions with the court no later than
five judicial days after the sentence is imposed; and
(B) Provide a written copy of the conditions to the probationer
as soon as practicable. + }
{ - (3) - } { + (4) + } When a person who is a sex offender
is released on probation, the court shall impose as a
{ - special - } { + general + } condition of probation that
the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision
resides, without the approval of the person's supervising parole
and probation officer, or in which more than one other sex
offender who is on probation, parole or post-prison supervision
resides, without the approval of the director of the probation
agency that is supervising the person or of the county manager of
the Department of Corrections, or a designee of the director or
manager. As soon as practicable, the supervising parole and
probation officer of a person subject to the requirements of this
subsection shall review the person's living arrangement with the
person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and
community safety. As used in this subsection:
(a) 'Dwelling' has the meaning given that term in ORS 469B.100.
(b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Sex offender' has the meaning given that term in ORS
181.594.
{ - (4)(a) - } { + (5)(a) + } If the person is released on
probation following conviction of a sex crime, as defined in ORS
181.594, or an assault, as defined in ORS 163.175 or 163.185, and
the victim was under 18 years of age, the court, if requested by
the victim, shall include as a { - special - }
{ + general + } condition of the person's probation that the
person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
(B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
(D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the { - special - }
{ + general + } condition of probation described in this
subsection at the time of sentencing in person or through the
prosecuting attorney.
(c) If the court imposes the { - special - }
{ + general + } condition of probation described in this
subsection and if at any time during the period of probation the
victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change
the probationer's residence in order to comply with the
{ - special - } { + general + } condition of probation.
{ - (5) - } { + (6) + } When a person who is a sex
offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections
agency, whichever is appropriate, shall notify the city police
department, if the person is going to reside within a city, and
the county sheriff's office of the county in which the person is
going to reside of the person's release and the conditions of the
person's release.
{ - (6) - } { + (7) + } Failure to abide by all general and
special conditions { - imposed by the court and supervised by
the Department of Corrections or a county community corrections
agency - } { + of probation + } may result in arrest,
modification of conditions, revocation of probation or imposition
of structured, intermediate sanctions in accordance with rules
adopted under ORS 137.595.
{ - (7) - } { + (8) When a person is convicted of a
misdemeanor, + }the court may order that probation be supervised
by the court. If the court orders that probation be supervised by
the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
imposed in a justice court under this subsection shall be paid to
the county treasurer. Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer.
{ - (8) - } { + (9) + } The court may at any time modify
the { + general + } conditions of probation.
{ - (9) - } { + (10) + } A court may not order revocation
of probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
{ - (10) - } { + (11) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
{ - (11) - } { + (12) + } If the court determines that a
defendant has violated the terms of probation, the court shall
collect a $25 fee from the defendant. The fee becomes part of the
judgment and may be collected in the same manner as a fine. Fees
collected under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
collected in a justice court under this subsection shall be paid
to the county treasurer. Fees collected in a municipal court
under this subsection shall be paid to the city treasurer.
{ - (12) - } { + (13) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
SECTION 37. ORS 137.545 is amended to read:
137.545. (1) Subject to the limitations in ORS 137.010 and to
rules of the Oregon Criminal Justice Commission for felonies
committed on or after November 1, 1989:
(a) The period of probation shall be as the court determines
and may, in the discretion of the court, be continued or
extended.
(b) The court may at any time discharge a person from
probation.
(2) { + (a) + } { - At any time during the probation
period, - } { + When the court orders that probation be
supervised by the court under ORS 137.540 (8), + }the court
may { + , at any time during the probation period, + } issue a
warrant and cause a defendant to be arrested for violating any of
the conditions of probation.
{ + (b) When a person convicted of a felony is sentenced to
probation, the court may issue a warrant and cause a defendant to
be arrested for violating any of the conditions of probation
under the circumstances described in ORS 137.593 (2).
(3) + }Any parole and probation officer, police officer or
other officer with power of arrest may arrest a probationer
without a warrant for violating any condition of probation, and a
statement by the parole and probation officer or arresting
officer setting forth that the probationer has, in the judgment
of the parole and probation officer or arresting officer,
violated the conditions of probation is sufficient warrant for
the detention of the probationer in the county jail until the
probationer can be brought before the court or until the parole
and probation officer or supervisory personnel impose and the
offender agrees to structured, intermediate sanctions in
accordance with the rules adopted under ORS 137.595. Disposition
shall be made during the first 36 hours in custody, excluding
Saturdays, Sundays and holidays, unless later disposition is
authorized by supervisory personnel. If authorized by supervisory
personnel, the disposition shall take place in no more than five
judicial days. If the offender does not consent to structured,
intermediate sanctions imposed by the parole and probation
officer or supervisory personnel in accordance with the rules
adopted under ORS 137.595, the parole and probation officer, as
soon as practicable, but within one judicial day, shall report
the arrest or detention to the court that imposed the probation.
The parole and probation officer shall promptly submit to the
court a report showing in what manner the probationer has
violated the conditions of probation.
{ - (3) - } { + (4) + } Except for good cause shown or at
the request of the probationer, the probationer shall be brought
before a magistrate during the first 36 hours of custody,
excluding holidays, Saturdays and Sundays. { - That - }
{ + The + } magistrate, in the exercise of discretion, may order
the probationer held pending a
{ - violation or revocation - } { + probation violation + }
hearing or pending transfer to the jurisdiction of another court
where the probation was imposed. In lieu of an order that the
probationer be held, the magistrate may release the probationer
upon the condition that the probationer appear in court at a
later date for a probation violation or revocation hearing. If
the probationer is being held on an out-of-county warrant, the
magistrate may order the probationer released subject to an
additional order to the probationer that the probationer report
within seven calendar days to the court that imposed the
probation.
{ - (4) - } { + (5) + } When a probationer has been
sentenced to probation in more than one county and the
probationer is being held on an out-of-county warrant for a
probation violation, the court may consider consolidation of some
or all pending probation violation proceedings pursuant to rules
made and orders issued by the Chief Justice of the Supreme Court
under ORS 137.547:
(a) Upon the motion of the district attorney or defense counsel
in the county in which the probationer is held; or
(b) Upon the court's own motion.
{ - (5)(a) - } { + (6)(a) + } { - For defendants
sentenced for felonies committed prior to November 1, 1989, and
for any misdemeanor, - } { + When the court conducts a probation
violation hearing involving a misdemeanor, + }the court that
imposed the probation, after summary hearing, may revoke the
probation and:
(A) If the execution of some other part of the sentence has
been suspended, the court shall cause the rest of the sentence
imposed to be executed.
(B) If no other sentence has been imposed, the court may impose
any other sentence which originally could have been imposed.
(b) { - For defendants sentenced for felonies committed on or
after November 1, 1989, - } { + When the court conducts a
probation violation hearing involving a felony, + } the court
that imposed the probationary sentence may revoke probation
supervision and impose a sanction as provided by rules of the
Oregon Criminal Justice Commission. If the defendant was
sentenced to a presumptive period of probation, the court may not
impose a term of incarceration that exceeds 60 days as a
revocation sanction unless the revocation is the result of the
defendant's conviction for a new crime.
{ - (6) - } { + (7) + } Except for good cause shown, if the
revocation hearing is not conducted within 14 calendar days
following the arrest or detention of the probationer, the
probationer shall be released from custody.
{ - (7) - } { + (8) + } A defendant who has been previously
confined in the county jail as a condition of probation pursuant
to ORS 137.540 or as part of a probationary sentence pursuant to
the rules of the Oregon Criminal Justice Commission may be given
credit for all time thus served in any order or judgment of
confinement resulting from revocation of probation.
{ - (8) - } { + (9) + } In the case of any defendant whose
sentence has been suspended but who has not been sentenced to
probation, the court may issue a warrant and cause the defendant
to be arrested and brought before the court at any time within
the maximum period for which the defendant might originally have
been sentenced. Thereupon the court, after summary hearing, may
revoke the suspension of sentence and cause the sentence imposed
to be executed.
{ - (9) - } { + (10) + } If a probationer fails to appear
or report to a court for further proceedings as required by an
order under subsection { - (3) - } { + (4) + } of this
section, the failure to appear may be prosecuted in the county to
which the probationer was ordered to appear or report.
{ - (10) - } { + (11) + } The probationer may admit or deny
the violation by being physically present at the hearing or by
means of simultaneous electronic transmission as described in ORS
131.045.
{ - (11) - } { + (12) + } The victim has the right:
(a) Upon request made within the time period prescribed in the
notice required by ORS 147.417, to be notified of { - any
hearing before the court that may result in the revocation of the
defendant's probation for - } { + probation violation hearings
involving + } a felony or person Class A misdemeanor. The
notification shall be provided by:
(A) The district attorney if the defendant is not supervised by
the supervisory authority { - or if the defendant is supervised
by the supervisory authority and the district attorney initiates
a request with the court for a probation violation or revocation
hearing - } .
(B) The supervisory authority if the defendant is supervised by
the supervisory authority { - and the supervisory authority
initiates a request with the court for a probation violation or
revocation hearing - } .
(b) To appear personally at the hearing.
(c) If present, to reasonably express any views relevant to the
issues before the court.
{ - (12) - } { + (13) + } As used in this section:
(a) 'Person Class A misdemeanor' has the meaning given that
term in the rules of the Oregon Criminal Justice Commission.
(b) 'Supervisory authority' has the meaning given that term in
ORS 144.087.
SECTION 38. ORS 137.545, as amended by section 5, chapter 596,
Oregon Laws 2011, is amended to read:
137.545. (1) Subject to the limitations in ORS 137.010 and to
rules of the Oregon Criminal Justice Commission for felonies
committed on or after November 1, 1989:
(a) The period of probation shall be as the court determines
and may, in the discretion of the court, be continued or
extended.
(b) The court may at any time discharge a person from
probation.
(2) { + (a) + } { - At any time during the probation
period, - } { + When the court orders that probation be
supervised by the court under ORS 137.540 (8), + } the court
may { + , at any time during the probation period, + } issue a
warrant and cause a defendant to be arrested for violating any of
the conditions of probation.
{ + (b) When a person convicted of a felony is sentenced to
probation, the court may issue a warrant and cause a defendant to
be arrested for violating any of the conditions of probation
under the circumstances described in ORS 137.593 (2).
(3) + } Any parole and probation officer, police officer or
other officer with power of arrest may arrest a probationer
without a warrant for violating any condition of probation, and a
statement by the parole and probation officer or arresting
officer setting forth that the probationer has, in the judgment
of the parole and probation officer or arresting officer,
violated the conditions of probation is sufficient warrant for
the detention of the probationer in the county jail until the
probationer can be brought before the court or until the parole
and probation officer or supervisory personnel impose and the
offender agrees to structured, intermediate sanctions in
accordance with the rules adopted under ORS 137.595. Disposition
shall be made during the first 36 hours in custody, excluding
Saturdays, Sundays and holidays, unless later disposition is
authorized by supervisory personnel. If authorized by supervisory
personnel, the disposition shall take place in no more than five
judicial days. If the offender does not consent to structured,
intermediate sanctions imposed by the parole and probation
officer or supervisory personnel in accordance with the rules
adopted under ORS 137.595, the parole and probation officer, as
soon as practicable, but within one judicial day, shall report
the arrest or detention to the court that imposed the probation.
The parole and probation officer shall promptly submit to the
court a report showing in what manner the probationer has
violated the conditions of probation.
{ - (3) - } { + (4) + } Except for good cause shown or at
the request of the probationer, the probationer shall be brought
before a magistrate during the first 36 hours of custody,
excluding holidays, Saturdays and Sundays. { - That - }
{ + The + }magistrate, in the exercise of discretion, may order
the probationer held pending a
{ - violation or revocation - } { + probation violation + }
hearing or pending transfer to the jurisdiction of another court
where the probation was imposed. In lieu of an order that the
probationer be held, the magistrate may release the probationer
upon the condition that the probationer appear in court at a
later date for a probation violation or revocation hearing. If
the probationer is being held on an out-of-county warrant, the
magistrate may order the probationer released subject to an
additional order to the probationer that the probationer report
within seven calendar days to the court that imposed the
probation.
{ - (4) - } { + (5) + } When a probationer has been
sentenced to probation in more than one county and the
probationer is being held on an out-of-county warrant for a
probation violation, the court may consider consolidation of some
or all pending probation violation proceedings pursuant to rules
made and orders issued by the Chief Justice of the Supreme Court
under ORS 137.547:
(a) Upon the motion of the district attorney or defense counsel
in the county in which the probationer is held; or
(b) Upon the court's own motion.
{ - (5)(a) - } { + (6)(a) + } { - For defendants
sentenced for felonies committed prior to November 1, 1989, and
for any misdemeanor - } { + When the court conducts a probation
violation hearing involving a misdemeanor + }, the court that
imposed the probation, after summary hearing, may revoke the
probation and:
(A) If the execution of some other part of the sentence has
been suspended, the court shall cause the rest of the sentence
imposed to be executed.
(B) If no other sentence has been imposed, the court may impose
any other sentence which originally could have been imposed.
(b) { - For defendants sentenced for felonies committed on or
after November 1, 1989, - } { + When the court conducts a
probation violation hearing involving a felony, + } the court
that imposed the probationary sentence may revoke probation
supervision and impose a sanction as provided by rules of the
Oregon Criminal Justice Commission.
{ - (6) - } { + (7) + } Except for good cause shown, if the
revocation hearing is not conducted within 14 calendar days
following the arrest or detention of the probationer, the
probationer shall be released from custody.
{ - (7) - } { + (8) + } A defendant who has been previously
confined in the county jail as a condition of probation pursuant
to ORS 137.540 or as part of a probationary sentence pursuant to
the rules of the Oregon Criminal Justice Commission may be given
credit for all time thus served in any order or judgment of
confinement resulting from revocation of probation.
{ - (8) - } { + (9) + } In the case of any defendant whose
sentence has been suspended but who has not been sentenced to
probation, the court may issue a warrant and cause the defendant
to be arrested and brought before the court at any time within
the maximum period for which the defendant might originally have
been sentenced. Thereupon the court, after summary hearing, may
revoke the suspension of sentence and cause the sentence imposed
to be executed.
{ - (9) - } { + (10) + } If a probationer fails to appear
or report to a court for further proceedings as required by an
order under subsection { - (3) - } { + (4) + } of this
section, the failure to appear may be prosecuted in the county to
which the probationer was ordered to appear or report.
{ - (10) - } { + (11) + } The probationer may admit or deny
the violation by being physically present at the hearing or by
means of simultaneous electronic transmission as described in ORS
131.045.
{ - (11) - } { + (12) + } The victim has the right:
(a) Upon request made within the time period prescribed in the
notice required by ORS 147.417, to be notified of { - any
hearing before the court that may result in the revocation of the
defendant's probation for - } { + probation violation hearings
involving + } a felony or person Class A misdemeanor. The
notification shall be provided by:
(A) The district attorney if the defendant is not supervised by
the supervisory authority { - or if the defendant is supervised
by the supervisory authority and the district attorney initiates
a request with the court for a probation violation or revocation
hearing - } .
(B) The supervisory authority if the defendant is supervised by
the supervisory authority { - and the supervisory authority
initiates a request with the court for a probation violation or
revocation hearing - } .
(b) To appear personally at the hearing.
(c) If present, to reasonably express any views relevant to the
issues before the court.
{ - (12) - } { + (13) + } As used in this section:
(a) 'Person Class A misdemeanor' has the meaning given that
term in the rules of the Oregon Criminal Justice Commission.
(b) 'Supervisory authority' has the meaning given that term in
ORS 144.087.
SECTION 39. ORS 137.553 is amended to read:
137.553. (1) In { - addition to any authority granted under
ORS - } { + accordance with the provisions of ORS 137.540 and
+ }137.545, a court may authorize the use of citations to direct
{ - its - } probationers who violate conditions of probation to
appear before the court. The following apply to the use of
citations under this subsection:
(a) A court may authorize issuance of citations under this
subsection only by officers who are permitted under ORS 137.545
to make an arrest without a warrant.
(b) { - Nothing in this subsection limits - } { + The
authority to issue a citation does not limit + } the authority
{ - , under ORS 137.545, - } of a parole and probation officer,
police officer or other officer to arrest for violation of
conditions of probation { + under ORS 137.545 + } { - even if
the officer is authorized under this section to issue a
citation - } .
(c) A court may impose any conditions upon an authorization
under this subsection that the court considers appropriate. The
conditions may include, but are not limited to, requirements that
citation authority be sought on a case-by-case basis, provision
for citation in all cases that meet certain conditions, allowance
of citation for certain types of cases or designation of certain
cases where citations shall not be used.
(2) The cited probationer shall appear before the court at the
time, date and court specified in the citation. If the
probationer fails to appear at the time, date and court specified
in the citation, the court may issue a warrant of arrest, upon
the request of the supervisor of probation, or upon request of
the district attorney, or upon the court's own motion.
SECTION 40. ORS 137.523 is amended to read:
137.523. { - For felonies committed on or after November 1,
1989: - }
(1) When the judge sentences { - the - } { + a + }
defendant { + convicted of a felony + } to confinement in a
county jail as a condition of probation, the judge shall sentence
the defendant directly to the custody of the sheriff or the
supervisory authority, as defined in rules of the Oregon Criminal
Justice Commission, with jurisdiction over the county jail.
(2) { - When the judge recommends a custodial facility or
program other than jail as a condition of probation, the judge
shall - } { + If, following a risk and needs assessment
described in ORS 137.540 (2)(b), the supervisory authority
determines that participation in a custodial facility or program
other than jail as a condition of probation is appropriate, the
court may + } sentence the defendant directly to the custody of
the supervisory authority, as defined in rules of the Oregon
Criminal Justice Commission, with jurisdiction over the facility
or program { - . Before imposing such a sentence, the judge
must determine from the supervisory authority that - }
{ + if + } space is available in the facility or program and
{ - that - } the defendant meets the eligibility criteria
established for the facility or program.
(3) A record of the time served by the defendant in custody
under community supervision during probation shall be maintained
as provided by rules adopted by the Oregon Criminal Justice
Commission.
SECTION 41. { + (1) The amendments to ORS 137.523, 137.540,
137.545 and 137.553 by sections 36 to 40 of this 2013 Act apply
to sentences imposed on or after the effective date of this 2013
Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 137.523, 137.540, 137.545 and 137.553 by
sections 36 to 40 of this 2013 Act do not apply to:
(a) Persons who were originally sentenced prior to the
effective date of this 2013 Act and who are subsequently
resentenced as the result of an appellate decision, a
post-conviction relief proceeding or for any other reason; or
(b) Crimes committed before November 1, 1989.
(3) Notwithstanding subsection (1) of this section, the
amendments to ORS 137.540 (2)(c) by section 36 of this 2013 Act
do not apply to crimes committed before December 5, 1996. + }
{ +
XII. OVERSIGHT ENTITY + }
SECTION 42. { + (1) The Task Force on Public Safety Oversight
is established, consisting of 11 members appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
(c) The Chief Justice of the Supreme Court shall appoint two
members who are judges.
(d) The Governor shall appoint four members as follows:
(A) One member shall be a district attorney.
(B) One member shall be a criminal defense attorney.
(C) One member shall be a representative of law enforcement.
(D) One member shall be a representative of community
corrections directors.
(e) One member shall be a member of the public, appointed by
the members of the task force described in paragraphs (a) to (d)
of this subsection.
(2) The task force shall review the implementation of the
provisions of this 2013 Act. No later than October 1, 2016, the
task force shall submit a report to the Legislative Assembly in
the manner provided by ORS 192.245 that describes the findings of
the task force. The report may include recommendations for
legislation.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The Oregon Criminal Justice Commission shall provide staff
support to the task force.
(10) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to Oregon Criminal Justice
Commission for purposes of the task force.
(11)(a) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
(b) Upon the request of the task force, the Oregon Criminal
Justice Commission shall, when possible, provide the task force
with data related to the rate of offender recidivism as that term
is defined in section 44 of this 2013 Act. + }
SECTION 43. { + Section 42 of this 2013 Act is repealed on the
date of the convening of the 2017 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
{ +
XIII. DEFINITION OF RECIDIVISM + }
SECTION 44. { + (1) As used in this section, 'recidivism'
means the arrest, conviction or incarceration of a person who has
previously been convicted of a crime, if the arrest, conviction
or incarceration occurs:
(a) Three years or less after the date the person was convicted
of the previous crime; or
(b) Three years or less after the date the person was released
from custody, if the person was incarcerated as a result of the
conviction for the previous crime.
(2) When the Oregon Department of Administrative Services, the
Department of Corrections, the Oregon Criminal Justice Commission
or any other public body as defined in ORS 174.109 conducts a
statistical evaluation of the rate at which persons convicted of
a crime subsequently commit additional crimes, the public body
shall include an evaluation of recidivism. + }
{ +
XIV. SPECIALTY COURT STANDARDS + }
SECTION 45. { + (1) As used in this section, 'specialty courts
' means drug court programs as defined in ORS 3.450, veterans'
courts, mental health courts and any other court or docketing
system designed to adjudicate criminal actions involving an
identified classification of criminal defendants.
(2) After consulting with the Judicial Department, the Oregon
Criminal Justice Commission shall adopt rules applicable to
specialty courts. The rules must be aligned with best practices,
targeting medium and high risk and high needs offenders, and
designed to reduce recidivism in a cost-effective manner. The
commission shall review the rules no less than once each biennium
to ensure that the rules incorporate the most recent research in
the field. + }
{ +
XV. CORRECTIONAL FORECASTS + }
SECTION 46. ORS 184.351 is amended to read:
184.351. (1) The Oregon Department of Administrative Services
shall issue state corrections population forecasts including, but
not limited to, expected populations of prisons and jails and
community corrections caseloads, to be used by:
(a) The Department of Corrections in preparing budget requests;
(b) The Oregon Criminal Justice Commission in considering
amendments to sentencing guidelines; and
(c) Any other state agency concerned with the effect of
offender populations or policy developments on budgeting.
(2) The Oregon Department of Administrative Services shall
issue state corrections population forecasts on April 1 and
October 1 of each year.
{ + (3) When the Oregon Department of Administrative Services
issues a state corrections population forecast, the forecast
must, whenever possible:
(a) Identify the forecast's margin of error; and
(b) Attribute growth or decline in the forecast, relative to
the previously issued forecasts, to specific policies or to
specific components of the baseline underlying the forecast.
(4) As used in this section, 'baseline underlying the forecast'
includes population demographics and crime trends. + }
{ +
XVI. PROGRAM EVALUATION + }
SECTION 47. ORS 182.515, as amended by section 37, chapter 37,
Oregon Laws 2012, is amended to read:
182.515. As used in this section and ORS 182.525:
(1) 'Agency' means:
(a) The Department of Corrections;
(b) The Oregon Youth Authority;
(c) The Youth Development Council; and
(d) That part of the Oregon Health Authority that deals with
mental health and addiction issues.
(2) 'Cost effective' means { + a determination made utilizing
an analytical tool identified by the Oregon Criminal Justice
Commission + }that cost savings realized over a reasonable
period of time are greater than costs.
(3) 'Evidence-based program' means a program that:
(a) Incorporates significant and relevant practices based on
scientifically based research; and
(b) Is cost effective.
(4)(a) 'Program' means a treatment or intervention program or
service that is intended to:
(A) Reduce the propensity of a person to commit crimes;
(B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or
need emergency mental health services; or
(C) Reduce the propensity of a person who is less than 18 years
of age to engage in antisocial behavior with the result of
reducing the likelihood that the person will become a juvenile
offender.
(b) 'Program' does not include:
(A) An educational program or service that an agency is
required to provide to meet educational requirements imposed by
state law; or
(B) A program that provides basic medical services.
(5) 'Scientifically based research' means research that obtains
reliable and valid knowledge by:
(a) Employing systematic, empirical methods that draw on
observation or experiment;
(b) Involving rigorous data analyses that are adequate to test
the stated hypotheses and justify the general conclusions drawn;
{ - and - }
(c) Relying on measurements or observational methods that
provide reliable and valid data across evaluators and observers,
across multiple measurements and observations and across studies
by the same or different investigators { + ; and
(d) Utilizing randomized controlled trials, when possible and
appropriate + }.
SECTION 48. ORS 182.525 is amended to read:
182.525. (1) An agency as defined in ORS 182.515 shall spend at
least 75 percent of state moneys that the agency receives for
programs on evidence-based programs.
(2) The agency shall submit a biennial report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirement of subsection (1) of this section.
(3) The agency shall submit the report required by subsection
(2) of this section no later than September 30 of each
even-numbered year to the interim legislative committee dealing
with judicial matters.
(4) If an agency, in any biennium, spends more than 25 percent
of the state moneys that the agency receives for programs on
programs that are not evidence based, the Legislative Assembly
shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the
agency for the following biennium.
(5) { + (a) + } { - The - } { + An + } agency may adopt
rules necessary to carry out the provisions of this section
{ - , including but not limited to rules defining a reasonable
period of time for purposes of determining cost effectiveness - }
.
{ + (b) The Oregon Criminal Justice Commission shall adopt
rules to carry out the provisions of this section. + }
{ +
XVII. FISCAL IMPACT NOTES + }
SECTION 49. ORS 173.029 is amended to read:
173.029. (1) For any measure reported out of a committee of the
Legislative Assembly { + , + } the effect of which is to create a
new crime { - or - } { + , + } increase the period of
incarceration allowed or required for an existing crime { + or
otherwise modify sentencing or state corrections policies + },
the Legislative Fiscal Officer, with the aid of the Oregon
Department of Administrative Services, Legislative Revenue
Officer, state agencies and affected local governmental units,
shall prepare a fiscal impact statement describing the fiscal
impact that the measure would, if enacted, have on the state as
well as on local governmental units.
(2) In particular and to the extent practicable, the
Legislative Fiscal Officer shall determine and describe in the
statement the following:
(a) The fiscal impact on state and local law enforcement
agencies, including an estimate of the increase in anticipated
number of arrests annually;
(b) The fiscal impact on state and local courts, including an
estimate of the increase in the anticipated number of trials
annually;
(c) The fiscal impact on district attorney offices, including
an estimate of the increase in the anticipated number of
prosecutions annually;
(d) The fiscal impact on public defense resources, including an
estimate of the increase in the anticipated number of cases
annually; and
(e) The fiscal impact on state and local corrections resources,
including resources supporting parole and probation supervision,
and also including an estimate of the increase in the anticipated
number of bed-days to be used annually at both the state and
local level as a result of the passage of the measure.
{ + (3) The fiscal impact statement required under this
section must describe the fiscal impact the measure would, if
enacted, have on the state as well as on local governmental units
for a period of 10 years, beginning on the effective date of the
measure.
(4) A state agency that prepares and submits to the Legislative
Fiscal Officer fiscal impact statements or related fiscal
information applicable to a measure introduced before the
Legislative Assembly, the effect of which is to create a new
crime, increase the period of incarceration allowed or required
for an existing crime or otherwise modify sentencing or state
corrections policies, shall describe the fiscal impact the
measure would have on the state agency for a period of 10 years
beginning on the effective date of the measure. + }
SECTION 50. { + The amendments to ORS 173.029 by section 49 of
this 2013 Act become operative on January 1, 2014. + }
{ +
XVIII. PERFORMANCE INCENTIVE FUNDING + }
SECTION 51. { + The Community Corrections Incentive Grant
Account is established, separate and distinct from the General
Fund. All moneys in the account are continuously appropriated to
the Oregon Criminal Justice Commission for the purpose of making
grants to counties in accordance with the provisions of section
53 of this 2013 Act. + }
SECTION 52. { + There is appropriated to the Oregon Criminal
Justice Commission, for the biennium beginning July 1, 2013, out
of the general fund, the amount of $___ to be deposited in the
Community Corrections Incentive Grant Account established in
section 51 of this 2013 Act. + }
SECTION 53. { + (1) The Community Corrections Incentive Grant
Program is established as provided in this section. The Oregon
Criminal Justice Commission shall administer the program. From
funds appropriated for the purpose, the commission shall award
grants to a county that:
(a) Successfully establishes a process to assess offenders and
provide a continuum of locally based sanctions, services and
programs for offenders who would likely be incarcerated in a
Department of Corrections institution if the locally based
sanctions, services and programs did not exist; or
(b) Enters into an agreement with the commission to incarcerate
and supervise offenders sentenced to incarceration of 15 months
or less.
(2)(a) Each county that applies for a grant under subsection
(1)(a) of this section must develop a plan describing how the
county will protect public safety and reduce the county's
utilization of incarceration in a Department of Corrections
institution through the creation or expansion of the use of
sanctions, services and programs.
(b) For the purposes of making allocating funds under
subsection (1)(a) of this section, the commission shall establish
a formula that rewards a county for the establishment or
expansion of sanctions, services and programs that annually
divert a larger percentage of offenders, relative to previous
years, from Department of Corrections institutions and provides
those offenders with locally based sanctions, services and
programs.
(c) The commission shall distribute to the county a portion of
the allocated funds upon acceptance of the county in the
Community Corrections Incentive Grant Program. Thereafter, the
commission shall:
(A) Distribute funds annually, based on the county's ability to
achieve numerical targets identified in the grant agreement; and
(B) Penalize counties that fail to achieve the numerical
targets identified in the grant agreement.
(3) When a county applies for and is awarded grant funds under
subsection (1)(b) of this section, the county shall notify the
presiding judge of the judicial district in which the county is
located. The notice must identify the duration of the agreement.
Upon receipt of the notice, the presiding judge shall enter an
order acknowledging receipt of the notice.
(4) No later than October 1 of each even-numbered year, the
commission shall submit a report to the Legislative Assembly in
the manner provided by ORS 192.245 that describes the
effectiveness of the Community Corrections Incentive Grant
Program.
(5) The commission shall adopt rules to carry out the
provisions of this section.
(6) As used in this section:
(a) 'County' includes:
(A) A regional collection of counties; and
(B) The Department of Corrections in those counties in which
the department is the supervisory authority as defined in ORS
144.087.
(b) 'Sanctions, services and programs' includes management and
supervision, electronic monitoring, drug treatment and testing,
and recidivism reduction programs. + }
SECTION 54. { + (1) Notwithstanding ORS 137.124 (1), if the
circuit court in a participating county imposes a sentence upon
conviction of a felony that includes a term of incarceration that
exceeds 15 months:
(a) The court may 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 15 months or
less that was imposed in a previous proceeding by a court of this
state upon conviction of a felony, the defendant shall serve any
remaining part of the previously imposed term of incarceration in
the legal and physical custody of the Department of Corrections.
(2) Notwithstanding ORS 137.124 (2):
(a) If the circuit court in a participating county imposes a
sentence upon conviction of a felony that includes a term of
incarceration that is 15 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
circuit court in a participating county imposes a sentence upon
conviction of a felony that includes a term of incarceration that
is 15 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 for which the defendant
was sentenced to the legal and physical custody of the
department.
(3)(a) Notwithstanding ORS 144.101 (1)(a) or 423.478 (1)(a),
the supervisory authority of a participating county shall assume
responsibility for community-based supervision, sanctions and
services for offenders convicted of a felony who are sentenced to
incarceration of 15 months or less.
(b) An offender convicted of a felony who is sentenced to a
term of incarceration of 15 months or less in a participating
county is not subject to rules adopted under ORS 144.107 (1).
(4) If a participating county enters into an agreement under
ORS 169.053, the agreement may provide for the reception,
detention, care and maintenance, and work assignment of offenders
convicted of a felony who are sentenced to incarceration of 15
months or less.
(5) As used in this section:
(a) 'County' has the meaning given that term in section 53 of
this 2013 Act.
(b) 'Participating county' means a county:
(A) That has applied for and received a grant described in
section 53 1(b); and
(B) For which the presiding judge of the judicial district in
which the county is located has entered the order described in
section 53 (3) of this 2013 Act.
(c) 'Supervisory authority' has the meaning given that term in
ORS 144.087. + }
SECTION 55. ORS 144.087 is amended to read:
144.087. (1) As used in ORS 137.124, 144.085 and 423.478, ORS
chapter 144 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, 137.593 { - (2)(d) - }
{ + (3)(c) + } and 423.478 { + and section 54 of this 2013
Act + }, all terms of imprisonment or incarceration of 12 months
or less must be served at the direction of the supervisory
authority.
(3) Nothing in this section is intended to repeal ORS 169.320
to 169.360, or in any way affect the sheriff's authority, duties
and liabilities set forth in ORS 169.320 to 169.360.
SECTION 56. 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) { + or section 54 (2) of
this 2013 Act + } 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 57. 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)
{ + or section 54 (2) of this 2013 Act + }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:
(a) 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; or
(b) Ensure that arrangements for the inmate to appear by
simultaneous electronic transmission as described in ORS 131.045
have been made.
(2) The county where an inmate is charged with commission of a
crime shall pay the costs of:
(a) Transportation and maintenance of the inmate removed under
this section; or
(b) Providing for the inmate to appear by simultaneous
electronic transmission.
(3) If an inmate is transported under this section for a
criminal proceeding under ORS 135.760 to 135.773, at the
conclusion of the proceeding, 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 58. ORS 137.752 is amended to read:
137.752. (1) When a court commits a defendant to the custody of
a supervisory authority of a county under ORS 137.124 { + + }
{ + or section 54 of this 2013 Act + }, the court shall order
on the record in open court as part of the sentence imposed that
the defendant may be considered by the supervisory authority for
any form of alternative sanction authorized by ORS 423.478,
unless the court finds on the record in open court substantial
and compelling reasons to order that the defendant not be
considered for alternative sanctions.
(2) The supervisory authority may consider the defendant for
alternative sanctions only upon order of the sentencing court
appearing in the judgment.
(3) As used in this section, 'supervisory authority' has the
meaning given that term in ORS 144.087.
SECTION 59. ORS 137.924 is amended to read:
137.924. When a defendant is committed to the supervisory
authority of the county pursuant to ORS 137.124 { + or section
54 of this 2013 Act + }, the supervisory authority shall forward
the name, date of birth and Social Security number of the
defendant to the Director of the Employment Department for
purposes of making a determination of eligibility under ORS
657.155.
SECTION 60. ORS 144.101 is amended to read:
144.101. (1) The State Board of Parole and Post-Prison
Supervision has jurisdiction over imposition of conditions of
post-prison supervision and sanctioning for violations of those
conditions for a person convicted of a felony if:
(a) The term of imprisonment imposed on the person is more than
12 months;
(b) The felony is classified as crime category 8, 9, 10 or 11
of the sentencing guidelines grid of the Oregon Criminal Justice
Commission;
(c) The person is subject to a sentence under ORS 137.700 or
137.707;
(d) The person is sentenced as a dangerous offender under ORS
161.725 and 161.737;
(e) The person is subject to a term of post-prison supervision
under ORS 144.103;
(f) The person is committed to the custody of the Department of
Corrections under ORS 137.124 { + or section 54 of this 2013
Act + };
(g) The responsibility for correctional services for the person
has reverted to the department under ORS 423.483; or
(h) No local supervisory authority is responsible for
correctional services for the person under the laws of this
state.
(2) Except as provided in subsection (1) of this section, a
local supervisory authority has jurisdiction over imposition of
conditions of post-prison supervision and sanctions for
violations of those conditions for a person sentenced to a term
of imprisonment of 12 months or less.
(3) If a local supervisory authority imposes conditions of
post-prison supervision or sanctions for violations of those
conditions, the person may request the board to review the
conditions or sanctions. The board shall review the request and
may, at its discretion, review the conditions and sanctions,
under rules adopted by the board.
(4) Nothing in this section affects the jurisdiction of the
board over imposition of conditions of parole and sanctioning for
violations of those conditions.
SECTION 61. ORS 161.585 is amended to read:
161.585. (1) When a crime punishable as a felony is also
punishable by imprisonment for a maximum term of one year or by a
fine, the crime shall be classed as a misdemeanor if the court
imposes a punishment other than imprisonment under ORS 137.124
(1) { + or section 54 (1) of this 2013 Act + }.
(2) Notwithstanding the provisions of ORS 161.525, upon
conviction of a crime punishable as described in subsection (1)
of this section, the crime is a felony for all purposes until one
of the following events occurs, after which occurrence the crime
is a misdemeanor for all purposes:
(a) Without imposing a sentence of probation, the court imposes
a sentence of imprisonment other than to the legal and physical
custody of the Department of Corrections.
(b) Without imposing a sentence of probation, the court imposes
a fine.
(c) Upon revocation of probation, the court imposes a sentence
of imprisonment other than to the legal and physical custody of
the Department of Corrections.
(d) Upon revocation of probation, the court imposes a fine.
(e) The court declares the offense to be a misdemeanor, either
at the time of imposing a sentence of probation, upon suspension
of imposition of a part of a sentence, or on application of
defendant or the parole and probation officer of the defendant
thereafter.
(f) The court imposes a sentence of probation on the defendant
without imposition of any other sentence upon conviction and
defendant is thereafter discharged without any other sentence.
(g) Without imposing a sentence of probation and without
imposing any other sentence, the court declares the offense to be
a misdemeanor and discharges the defendant.
(3) The provisions of this section shall apply only to persons
convicted of a felony committed prior to November 1, 1989.
SECTION 62. ORS 183.315 is amended to read:
183.315. (1) The provisions of ORS 183.410, 183.415, 183.417,
183.425, 183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and
183.480 do not apply to local government boundary commissions
created pursuant to ORS 199.430, the Department of Revenue, State
Accident Insurance Fund Corporation, Department of Consumer and
Business Services with respect to its functions under ORS
chapters 654 and 656, State Board of Parole and Post-Prison
Supervision, Psychiatric Security Review Board or Oregon Health
Authority with respect to its functions under ORS 161.315 to
161.351.
(2) This chapter does not apply with respect to actions of the
Governor authorized under ORS chapter 240 and ORS 396.125 or
actions of the Adjutant General authorized under ORS 396.160
(14).
(3) The provisions of ORS 183.410, 183.415, 183.417, 183.425,
183.440, 183.450, 183.452, 183.458 and 183.460 do not apply to
the Employment Appeals Board or the Employment Department.
(4) The Employment Department shall be exempt from the
provisions of this chapter to the extent that a formal finding of
the United States Secretary of Labor is made that such provision
conflicts with the terms of the federal law, acceptance of which
by the state is a condition precedent to continued certification
by the United States Secretary of Labor of the state's law.
(5) The provisions of ORS 183.415 to 183.430, 183.440 to
183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply
to orders issued to persons who:
(a) Have been committed pursuant to ORS 137.124 { + or section
54 of this 2013 Act + } to the custody of the Department of
Corrections or are otherwise confined in a Department of
Corrections facility; or
(b) Seek to visit an inmate confined in a Department of
Corrections facility.
(6) ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450,
183.460, 183.470 and 183.482 (3) do not apply to the Public
Utility Commission. Notwithstanding ORS 183.480 and except as
provided in ORS 757.495 and 759.390, only a party to a hearing
before the Public Utility Commission is entitled to seek judicial
review of an order of the commission.
(7) The provisions of this chapter do not apply to the
suspension, cancellation or termination of an apprenticeship or
training agreement under ORS 660.060.
(8) The provisions of ORS 183.413 to 183.497 do not apply to
administrative proceedings conducted under rules adopted by the
Secretary of State under ORS 246.190.
SECTION 63. ORS 420.011 is amended to read:
420.011. (1) Except as provided in subsections (2) and (3) of
this section, admissions to the youth correction facilities are
limited to youth offenders who are at least 12 but less than 19
years of age, found by the juvenile court to have committed an
act that if committed by an adult would constitute aggravated
murder, murder, a felony or a Class A misdemeanor and placed in
the legal custody of the Oregon Youth Authority. A youth offender
admitted to a youth correction facility may not be transferred by
administrative process to any penal or correctional institution.
(2)(a) In addition to the persons placed in the legal custody
of the youth authority under ORS 419C.478 (1) or 419C.481, and
with the concurrence of the Director of the Oregon Youth
Authority or the director's designee, persons who are committed
to the Department of Corrections under ORS 137.124 { + or
section 54 of this 2013 Act + } and meet the requirements of ORS
137.124 (5) or (7) may be temporarily assigned to a youth
correction facility as provided by ORS 137.124 (5) or (7). A
person assigned on such a temporary basis remains within the
legal custody of the Department of Corrections and such
reassignment is subject to termination by the Director of the
Oregon Youth Authority by referring the person back to the
Department of Corrections as provided in paragraph (b) of this
subsection.
(b) After a person is transferred to the physical custody of
the youth authority under ORS 137.124 (5) or (7), the Director of
the Oregon Youth Authority may refer the person back to the
Department of Corrections for physical custody and placement if
the director, after consulting with the Department of
Corrections, determines that the person:
(A) Poses a substantial danger to youth authority staff or
persons in the custody of the youth authority; or
(B) Is not likely, in the foreseeable future, to benefit from
the rehabilitation and treatment programs administered by the
youth authority and is appropriate for placement in a Department
of Corrections institution.
(3) Any person under 18 years of age at the time of committing
the crime and under 20 years of age at the time of sentencing and
commitment who, after waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or
(7)(b) or 137.712, is sentenced to a term of imprisonment in the
custody of the Department of Corrections, and any person under 16
years of age who after waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or
(7)(b) or 137.712 is sentenced to a term of imprisonment in the
county jail, shall be temporarily assigned to a youth correction
facility by the Department of Corrections, or by the sheriff to
whose custody the person has been committed, pursuant to ORS
137.124 (6). The director shall designate the appropriate youth
correction facility or schools for such assignment. A person
assigned to a youth correction facility under ORS 137.124 (6) and
this subsection remains within the legal custody of the
Department of Corrections or sheriff to whose custody the person
was committed. The assignment of such a person to the youth
correction facility is subject, when the person is 16 years of
age or older, to termination by the director by referring the
person back to the Department of Corrections or the sheriff to
serve the balance of the person's sentence. Assignment to a youth
correction facility pursuant to ORS 137.124 (6) and this
subsection, if not terminated earlier by the director, shall
terminate upon the person's attaining the age specified in ORS
420A.010 (5) setting the age limits for which the Oregon Youth
Authority may retain legal and physical custody of the person,
and the person shall be referred to the Department of Corrections
or the sheriff having legal custody of the person to serve the
balance of the person's sentence.
(4) Whenever a person committed to the custody of the
Department of Corrections is temporarily assigned to a youth
correction facility pursuant to this section, the youth authority
may provide programs and treatment for the person, and may adopt
rules relating to conditions of confinement at the youth
correction facility, as the youth authority determines are
appropriate. However, the person remains subject to laws and
rules of the State Board of Parole and Post-Prison Supervision
relating to parole.
SECTION 64. ORS 423.478 is amended to read:
423.478. (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 sufficient
to:
(A) Allow tracking of offenders; and
(B) Permit analysis of correlations between sanctions,
supervision, services and programs, and future criminal conduct;
and
(c) Provide interstate compact administration and jail
inspections.
(2) Subject to ORS 423.483, 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;
(d) Sentenced { - , on or after January 1, 1997, - } to 12
months or less incarceration;
(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; and
(f) On conditional release under ORS 420A.206.
(3) 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) { + or section 54 (2) of this 2013 Act + },
the supervisory authority may execute the sentence by imposing
sanctions other than incarceration if deemed appropriate by the
supervisory authority. If the supervisory authority releases a
person from custody under this subsection and the person is
required to report as a sex offender under ORS 181.595, the
supervisory authority, as a condition of release, shall order the
person to report to the Department of State Police, a city police
department or a county sheriff's office or to the supervising
agency, if any:
(a) When the person is released;
(b) Within 10 days of a change of residence;
(c) Once each year within 10 days of the person's birth date;
(d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(e) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(4) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
{ +
XIX. DEPARTMENT OF CORRECTIONS COST PER INMATE + }
SECTION 65. { + (1) The Legislative Assembly finds that the
per-inmate costs of incarceration in Department of Corrections
institutions are greater than the average per-inmate costs of
incarceration in the United States, and hereby establishes as a
goal the reduction of the department's per-inmate costs by five
percent over the 10-year period beginning July 1, 2013.
(2) No later than October 1, 2014, the department shall submit
a report to the Legislative Assembly in the manner provided by
ORS 192.245 that identifies cost containment solutions designed
to reduce the department's per-inmate costs by five percent over
the 10-year period beginning July 1, 2013, while maintaining
public safety, prison security and recidivism reduction programs.
(3) As used in this section, 'per-inmate costs':
(a) Includes costs attributable to the provision of security
and housing, health care, food services, treatment programs and
recidivism reduction programs and other direct costs related to
institutional operations.
(b) Does not include costs attributable to community
corrections grants, debt service, capital construction, opening
new correctional facilities or inflation. + }
{ +
UNIT CAPTIONS + }
SECTION 66. { + The unit captions in this 2013 Act are
provided only for the convenience of the reader and do not become
a part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 67. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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