2007 Oregon Code - Chapter 420a :: Chapter 420A - Oregon Youth Authority - Youth Correction Facilities
Chapter 420A
—
2007 EDITION
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
GENERAL PROVISIONS
420A.005Â Definitions
420A.010Â Creation
and duties
420A.012Â Recidivism;
definition; reporting system; duties of Oregon Youth Authority and juvenile
departments
420A.014Â Enumeration
of duties not exclusive
420A.015Â Director;
appointment
420A.017Â Senate
confirmation of director
420A.020Â Subordinate
officers and employees; appointment
420A.021Â Authority
of Oregon Youth Authority to require fingerprints
420A.023Â Authority
of youth correction officers to exercise power of peace officer
420A.025Â Rulemaking
authority; general
420A.030Â
420A.032Â Revolving
fund
420A.035Â Authorization
to deposit money belonging to youth offenders in trust account
420A.040Â Provision
of juvenile corrections programs to tribal youth offender; agreements
YOUTH CORRECTION FACILITIES
420A.100Â Authority
to establish and operate
420A.105Â Rulemaking
authority
420A.108Â Policy
regarding rules and dispositions for violations of rules; review of
dispositions
420A.111Â Levels
of custody; transfer between levels; significance
420A.115Â Parole
of youth offenders
420A.120Â Suspension
of parole or conditional release; rules
420A.122Â Notice
of release or discharge of youth offender
420A.125Â Youth
offenders; intake assessments; reformation plan; placement
420A.135Â Secure
regional youth facilities
420A.145Â Regional
youth accountability camps
420A.147Â Placement
in regional youth accountability camps
420A.155Â Regional
residential academies
SECOND LOOK
420A.200Â Duration
of custody of Oregon Youth Authority
420A.203Â Eligibility
for second look; report to sentencing court; hearing; disposition
420A.206Â Conditional
release; release plan; conditions; effect of violation of release plan;
revocation
MISCELLANEOUS PROVISIONS
420A.220Â Damage
to property of employee of Oregon Youth Authority; claims; payment
420A.223Â Juvenile
Justice Information System; establishment; rules
GENERAL PROVISIONS
     420A.005
Definitions. As used in ORS
420A.005 to 420A.155, unless the context requires otherwise:
     (1) “Cognitive restructuring” means any
rehabilitation process that redirects the thinking of an offender into more
socially acceptable directions and that is generally accepted by rehabilitation
professionals.
     (2) “Director” means the Director of the
Oregon Youth Authority.
     (3) “Reformation plan” means a written plan
prepared by the Oregon Youth Authority that is tailored to the youth offenderÂ’s
unique requirements as identified by the initial assessment. “Reformation plan”
includes, but is not limited to, a plan for medical, educational, vocational,
social and psychological services and training as well as other rehabilitative
services designed to reduce future criminal and antisocial conduct and to
provide the youth offender with clear expectations about what programs must be
successfully completed by the youth offender.
     (4) “Youth authority” means the Oregon
Youth Authority.
     (5) “Youth correction facility” has the
meaning given that term in ORS 420.005.
     (6) “Youth offender” has the meaning given
that term in ORS 419A.004. [1995 c.422 §1b; 1997 c.433 §6]
     420A.010
Creation and duties. (1) The
Oregon Youth Authority is established. The youth authority shall:
     (a) Supervise the management and
administration of youth correction facilities, state parole and probation
services, community out-of-home placement for youth offenders committed to its
legal custody and other functions related to state programs for youth
corrections;
     (b) Provide capital improvements and
capital construction necessary for the implementation of all youth correction
facilities;
     (c) Carry out dispositions of youth
offenders committed to its legal custody;
     (d) Exercise custody and supervision over
those youth offenders committed to the youth authority by order of the juvenile
court and persons placed in the physical custody of the youth authority under
ORS 137.124 or other statute until the time that a lawful release authority
authorizes release or terminates the commitment or placement;
     (e) Provide adequate food, clothing,
health and medical care, sanitation and security for confined youth offenders
and others in youth authority custody;
     (f) Provide youth offenders and others in
youth authority custody with opportunities for self-improvement and work; and
     (g) Conduct investigations and prepare
reports for release authorities.
     (2) To meet the individual circumstances
of each person committed to its custody, the youth authority shall:
     (a) Develop a flexible fee-for-service
provider system that can respond quickly to each personÂ’s identified and
changing circumstances; and
     (b) Develop a process for joint state and
county review of contracts entered into under subsection (6)(b) of this section
and paragraph (a) of this subsection based on:
     (A) Measurable outcomes, which must
include in dominant part the reduction of future criminal or antisocial conduct
and which also must include:
     (i) Academic progress;
     (ii) Social adjustments;
     (iii) Behavioral improvements;
     (iv) Rearrests; and
     (v) Other measurements as determined by
the youth authority;
     (B) Performance measurements including:
     (i) Fiscal accountability;
     (ii) Compliance with state and federal
regulations;
     (iii) Record keeping, including data
collection and management; and
     (iv) Reporting; and
     (C) Provision of services identified under
the reformation plan.
     (3) In order to measure performance as
required in subsection (2) of this section, the youth authority shall require
parties to the contracts to compile, manage and exchange data to the extent of
available information systems resources to facilitate the measurement of
outcomes including, but not limited to, reduction in future criminal or
antisocial conduct.
     (4) The youth authority may administer a
program of state assistance to counties for the construction and operation of
local youth detention facilities or to purchase detention services.
     (5) The youth authority shall accept and
exercise legal or physical custody of youth offenders and others 12 years of
age and over and under 25 years of age who are committed to, or placed with,
the youth authority pursuant to:
     (a) A juvenile court adjudication and
disposition under ORS chapter 419C; or
     (b) ORS 137.124.
     (6)(a) The youth authority shall cooperate
with and assist county governments and juvenile departments in carrying out the
principles and purposes of the juvenile justice system as provided in ORS
419C.001.
     (b) The youth authority is authorized to
contract with counties, groups of counties or private providers to administer
juvenile corrections programs and services as provided in ORS 420.017, 420.019,
420A.145 and 420A.155 (1) to (4).
     (c) The youth authority may provide
consultation services related to the juvenile justice system to local or
statewide public or private agencies, groups and individuals or may initiate
such consultation services. Consultation services include, but are not limited
to, conducting studies and surveys, sponsoring or participating in educational
programs and providing advice and assistance. Nothing in ORS 419C.001 and
420A.005 to 420A.155 is intended to diminish the stateÂ’s efforts to plan,
evaluate and deliver effective human services programs to youth offenders,
either in a youth correction facility or on probation or parole. Therefore, the
Oregon Youth Authority and the Department of Human Services shall jointly
develop and implement needed social and rehabilitative services.
     (7) The youth authority is the recipient
of all federal funds paid or to be paid to the state to enable the state to
provide youth correction programs and services assigned to the Department of
Human Services prior to January 1, 1996.
     (8) The youth authority shall report its
progress in implementing the provisions of chapter 422, Oregon Laws 1995, to
the Legislative Assembly at each regular session.
     (9) The equal access provisions of ORS
417.270 apply to the youth authorityÂ’s development and administration of youth
correction facilities, programs and services, including the development and
implementation of the statewide diversion plan described in ORS 420.017.
     (10) The youth authority shall:
     (a) Be cognizant of and sensitive to the
issue of overrepresentation of minority youth offenders in youth correction
facilities;
     (b) Endeavor to develop and operate, and
require its subcontractors to develop and operate, culturally appropriate
programs for youth offenders; and
     (c) Keep data reflecting the ethnicity and
gender of all youth offenders committed to its care.
     (11) The youth authority is a designated
agency as defined in ORS 181.010. [1995 c.422 §2; 1997 c.433 §7; 2003 c.396 §142]
     Note: Legislative Counsel has substituted “chapter
422, Oregon Laws 1995,” for the words “this Act” in section 2, chapter 422,
Oregon Laws 1995, compiled as 420A.010. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by referring
to the 1995 Comparative Section Table located in Volume 20 of ORS.
     420A.012
Recidivism; definition; reporting system; duties of
     (2) The juvenile department of a county
annually shall submit to the Oregon Youth Authority, in the form established
under subsection (1) of this section, statistical data relating to the
recidivism of delinquent youths experienced by the county during the previous
year.
     (3) The Oregon Youth Authority shall
publish an annual comprehensive report that includes the data provided by the
counties under subsection (2) of this section and similar data that measures
the recidivism of youths supervised by the youth authority who are on probation
or parole.
     (4) The Oregon Youth Authority shall
cooperate and, to the extent of available information systems resources, shall
share data with the Department of Corrections to enable the department to track
youth offenders who later enter the adult corrections system and to assess the
effect of juvenile corrections on future criminal conduct that occurs during
and after supervision by the Oregon Youth Authority and county juvenile
departments. The Department of Corrections shall manage data under this
subsection in a manner consistent with the confidentiality of juvenile court
records and the effectiveness of orders of expunction. [1995 c.422 §§128,129;
1997 c.433 §8; 2001 c.904 §7; 2001 c.905 §8]
     Note: 420A.012 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 420A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     420A.014
Enumeration of duties not exclusive. The enumeration of duties, functions and powers in ORS 420A.010 is not
intended to be exclusive nor limit the duties, functions and powers imposed on
or vested in the Oregon Youth Authority by other statutes. [1995 c.422 §3]
     420A.015
Director; appointment. (1)
The Oregon Youth Authority is under the supervision and control of a director,
who is responsible for the performance of the duties, functions and powers of
the youth authority.
     (2) The Governor shall appoint the
director, who holds office at the pleasure of the Governor.
     (3) The director shall receive a salary as
provided by law or, if not so provided, as prescribed by the Governor, and
shall be reimbursed for all expenses actually and necessarily incurred by the
director in the performance of official duties.
     (4) For purposes of administration,
subject to the approval of the Governor, the Director of the Oregon Youth
Authority may organize and reorganize the youth authority as the director
considers necessary to conduct properly the work of the youth authority.
     (5) The director may divide the functions
of the youth authority into administrative divisions. Each division is under
the supervision of a person appointed by the director, subject to the approval
of the Governor, to serve at the pleasure of the director and not to be subject
to the State Personnel Relations Law. Each person must be well qualified by
technical training and experience in the functions to be performed by the
person. [1995 c.422 §5]
     420A.017
Senate confirmation of director. The appointment of the Director of the Oregon Youth Authority is
subject to confirmation by the Senate in the manner prescribed in ORS 171.562
and 171.565. [1995 c.422 §6]
     420A.020
Subordinate officers and employees; appointment. (1) The Director of the Oregon Youth
Authority may appoint, subject to the approval of the Governor, a deputy
director to serve at the pleasure of the director, with authority to act for
the director in the absence of the director but subject to the control of the
director at all times. The designation of the deputy director must be by
written order, filed with the Secretary of State.
     (2) Subject to any applicable provisions
of the State Personnel Relations Law, the director shall appoint all
subordinate officers and employees of the youth authority, prescribe their
duties and fix their compensation. [1995 c.422 §7]
     420A.021
Authority of
     (1) Is employed or applying for employment
by the youth authority; or
     (2) Provides services or seeks to provide
services to the youth authority as a contractor, vendor or volunteer. [2005
c.730 §61]
     Note: 420A.021 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 420A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     420A.023
Authority of youth correction officers to exercise power of peace officer. (1) The Director of the Oregon Youth
Authority may authorize an individual youth correction officer or group of
youth correction officers to exercise the powers and authority of a peace
officer in the supervision and custody of youth offenders and persons in the
physical custody of the youth authority under ORS 137.124 or other applicable
law.
     (2) The authority of a youth correction
officer acting as a peace officer under subsection (1) of this section includes
but is not limited to:
     (a) Preventing an escape from the grounds
of a youth correction facility by a person in the custody of the youth
authority; and
     (b) Going beyond the grounds of a youth
correction facility to:
     (A) Pursue a person in the custody of the
youth authority who is in the act of escaping from a youth correction facility;
     (B) Search for a person in the custody of
the youth authority who is in the act of escaping from a youth correction
facility; and
     (C) Recapture a person in the custody of
the youth authority who is in the act of escaping from a youth correction
facility.
     (3) A youth correction officer acting as a
peace officer under subsection (1) of this section retains the authority until
the law enforcement agency that has general jurisdiction over the area in which
the escape or attempted escape took place assumes responsibility for
recapturing the person.
     (4) The Oregon Youth Authority shall
inform the appropriate law enforcement agency of the escape or attempted escape
of a person in youth authority custody as soon as is reasonably practicable. [1995
c.422 §9]
     420A.025
Rulemaking authority; general.
In accordance with applicable provisions of ORS chapter 183, the Director of the
Oregon Youth Authority may adopt rules necessary for the administration of the
laws that the Oregon Youth Authority is charged with administering. [1995 c.422
§8]
     420A.030
     (2) The youth authority shall keep a
record of all moneys deposited in the account. The record shall indicate by
separate cumulative accounts the sources from which the moneys are derived and
the individual activity or program against which each withdrawal is charged.
     (3) The Oregon Youth Authority is
authorized to accept gifts, grants and donations from any source to carry out
the duties imposed upon the youth authority. [1995 c.422 §§10,11]
     420A.032
Revolving fund. (1) Upon
written request of the Oregon Youth Authority, the Oregon Department of
Administrative Services shall establish a revolving fund by drawing warrants on
amounts appropriated to the Oregon Youth Authority for operating expenses. The
revolving fund shall be deposited with the State Treasurer, to be held in a
special account against which the Oregon Youth Authority may draw checks.
     (2) The revolving fund established under
subsection (1) of this section may be used by the Oregon Youth Authority to pay
expenses of youth authority operations when it is appropriate to make immediate
payments for goods and services, including advance payments of travel expenses
or emergency payroll draws.
     (3) The revolving fund shall be reimbursed
by funds drawn as authorized by law and charged against the appropriate fund or
account. [1995 c.422 §12]
     420A.035
Authorization to deposit money belonging to youth offenders in trust account. The Oregon Youth Authority may deposit money
belonging to youth offenders in a trust account in the State Treasury separate
and distinct from the General Fund. Interest earned by the account, if any,
shall accrue to the benefit of the account. [1995 c.422 §12a]
     420A.040
Provision of juvenile corrections programs to tribal youth offender;
agreements. An agency that
provides juvenile corrections programs may enter into an agreement with a tribe
for the purposes of placing a tribal youth offender into a state youth
correction facility or program. The tribe shall pay the agency reasonable
expenses associated with the incarceration and treatment of the youth offender.
As used in this section, “tribe” means a tribe located in
     Note: 420A.040 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 420A or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
YOUTH
CORRECTION FACILITIES
     420A.100
Authority to establish and operate. (1) The Oregon Youth Authority may establish and operate youth
correction facilities. If the youth authority establishes youth correction
facilities, the youth authority shall site the facilities in accordance with
applicable state and local laws.
     (2) Youth correction facilities must be
used for the confinement of youth offenders and others placed in the custody of
the youth authority and for the development of those persons into productive
members of society. [1995 c.422 §13]
     420A.105
Rulemaking authority. The
Director of the Oregon Youth Authority may adopt rules necessary to carry out
the provisions of ORS 420A.105 to 420A.155. The rules must include but need not
be limited to:
     (1) Procedures by which youth offenders
may apply for transfers from one level of custody to another; and
     (2) Rules applicable to parole of youth
offenders. [1995 c.422 §15]
     420A.108
Policy regarding rules and dispositions for violations of rules; review of
dispositions. (1) It is the
policy of the State of
     (a) Rules regulating the conduct of youth
offenders be based on the following principles and goals:
     (A) Concrete expectations and goals for
the conduct of youth offenders;
     (B) Safety of youth correction facility
staff, the public, visitors and youth offenders;
     (C) Maintenance of order within youth
correction facilities;
     (D) Maintenance of a structured
environment within youth correction facilities; and
     (E) Maintenance of an atmosphere necessary
for effective education, training, treatment and reform within youth correction
facilities.
     (b) Dispositions and sanctions for
violations of rules regulating the conduct of youth offenders must be
structured to reflect the severity and frequency of the violations and must be
consistently and promptly imposed.
     (2) The Director of the Oregon Youth
Authority, upon request, shall review any disposition that results in the
transfer of a youth offender to a different youth correction facility no later
than 72 hours after the transfer. [1995 c.422 §19]
     420A.111
Levels of custody; transfer between levels; significance. (1) The Director of the Oregon Youth
Authority may authorize the transfer of a youth offender from one level of
custody to another.
     (2) Before a transfer under subsection (1)
of this section may take place, the Director of the Oregon Youth Authority
shall review the record of the youth offender and enter an order granting or
denying the transfer.
     (3) The youth offender subject to a
transfer order, or an order denying transfer, may request a hearing. The
request must be in writing and submitted no later than 10 days after receipt of
the order.
     (4) In a hearing that would result in the
transfer of a youth offender to a less restrictive setting, the youth offender
has the burden of demonstrating that the transfer is warranted and consistent
with ORS 419C.001.
     (5) Different levels of custody in youth
correction facilities reflect the differences between the level of security and
direct supervision of the facilities. [1995 c.422 §§14,18]
     420A.115
Parole of youth offenders.
(1) The Director of the Oregon Youth Authority may authorize any youth offender
to go on parole, subject to conditions of supervision and custody established
by the Director of the Oregon Youth Authority and subject to being taken into
custody and detained under written order of the Director of the Oregon Youth
Authority or as provided in ORS 420A.120.
     (2) The Director of the Oregon Youth Authority
shall determine whether violations of conditions of parole have occurred. [1995
c.422 §16]
     420A.120
Suspension of parole or conditional release; rules. (1) The Oregon Youth Authority, upon being
informed and having reasonable grounds to believe that a youth offender under
the youth authorityÂ’s supervision or control has violated the conditions of
parole or other conditional release from custody, may suspend the youth
offenderÂ’s parole or conditional release and order that the youth offender be taken
into custody and detained. The written order of the youth authority is
sufficient warrant for any law enforcement officer to take custody of the youth
offender.
     (2) The youth authority shall adopt rules
establishing standards and procedures for revocation of parole and conditional
release. The rules must be consistent with the requirements of due process and
other applicable law.
     (3) If the juvenile court has committed a
youth offender to the legal custody of the youth authority and has placed the
youth offender on probation, and the youth authority has probable cause to
believe that the youth offender has violated a condition of probation, the
juvenile court, upon request of the youth authority, may order that the youth
offender be taken into custody as provided in ORS chapter 419C. [1995 c.422 §17;
1997 c.727 §10]
     420A.122
Notice of release or discharge of youth offender. (1) Prior to a youth offenderÂ’s release or
discharge from a youth correction facility, the Oregon Youth Authority shall
notify the following of the release or discharge:
     (a) Law enforcement agencies in the
community in which the youth offender is going to reside;
     (b) The school district in which the youth
offender is going to reside; and
     (c) If requested by the victim, as defined
in ORS 419A.004, the victim.
     (2) The youth authority shall include in
the notification:
     (a) The youth offender’s name and date of
release or discharge;
     (b) The type of placement to which the
youth offender is released;
     (c) Whether school attendance is a
condition of release; and
     (d) If the youth offender is a sex
offender, as defined in ORS 181.594, all other conditions of release.
     (3) The youth authority, a law enforcement
agency or anyone employed by or acting on behalf of the youth authority or law
enforcement agency with responsibility for sending records under this section
is not liable civilly or criminally for failing to disclose the information
under this section.
     (4) No later than seven days after a youth
offenderÂ’s release or discharge from a youth correction facility, the
Department of Education or its contractor shall provide the youth offenderÂ’s
education records to the school district in which the youth offender enrolls. [1999
c.620 §4; 2001 c.884 §7; 2007 c.609 §25]
     Note: 420A.122 was added to and made a part of
420A.005 to 420A.155 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     420A.125
Youth offenders; intake assessments; reformation plan; placement. (1) The Oregon Youth Authority shall
conduct, or cause to be conducted, intake assessments when youth offenders and
other persons are initially placed in a youth correction facility.
     (2) At the time of the intake assessment,
the youth authority shall provide the person with a copy of the rules of
conduct for youth offenders and other persons in custody in youth correction
facilities. The youth authority shall also provide a youth offender with
information concerning the process for transferring from one level of custody
to another.
     (3) An intake assessment shall include the
following for each person:
     (a) A physical health evaluation;
     (b) If appropriate, a psychiatric
evaluation;
     (c) A psychological evaluation if a
psychological evaluation of the person has not been done in the six months
prior to the personÂ’s commitment to the youth correction facility;
     (d) A drug and alcohol abuse evaluation;
     (e) If appropriate, a sex offender
evaluation; and
     (f) If appropriate, a vocational
evaluation.
     (4) For a youth offender, the intake
assessment must also include an educational evaluation to be provided by the
Department of Education. The educational evaluation must include evaluations
for special education as required by the Individuals with Disabilities
Education Act, 20 U.S.C. 1400 et seq.
     (5) Following assessment of a youth
offender, the Director of the Oregon Youth Authority shall prepare, or cause to
be prepared, a reformation plan for the youth offender and make the initial
placement of the youth offender based upon the plan. The director shall base
the placement on:
     (a) The evaluations required by
subsections (3) and (4) of this section;
     (b) The severity of the conduct engaged in
by the youth offender;
     (c) The juvenile record of the youth
offender; and
     (d) The conduct of the youth offender
during assessment. [1995 c.422 §20; 1999 c.369 §1]
     420A.135
Secure regional youth facilities. (1) The Oregon Youth Authority may establish up to five secure
regional youth facilities.
     (2) A secure regional youth facility
shall:
     (a) Provide secure incarceration;
     (b) Provide education and job and life
skills training including, but not limited to, anger management and
self-control; and
     (c) Include a drug and alcohol treatment
component that meets the standards promulgated by the Department of Human
Services pursuant to ORS 430.357.
     (3) The Director of the Oregon Youth
Authority is solely responsible for determining which persons committed to, or
placed in the custody of, the youth authority are eligible to participate in,
and are accepted for placement in, a secure regional youth facility. The
juvenile court may recommend to the Oregon Youth Authority that a youth
offender be placed in a secure regional youth facility, but the recommendation
is not binding on the youth authority. [1995 c.422 §§21,22; 2005 c.271 §4]
     420A.145
Regional youth accountability camps. (1) The Oregon Youth Authority may establish up to eight regional
youth accountability camps.
     (2) A regional youth accountability camp
shall:
     (a) Be based on a military basic training
model that includes discipline, physical work, physical exercise and military
drill;
     (b) Provide for cognitive restructuring in
conformance with generally accepted rehabilitative standards; and
     (c) Include a drug and alcohol treatment
component that meets the standards promulgated by the Department of Human
Services pursuant to ORS 430.357.
     (3) The youth authority may contract with
all of the governing bodies of the counties in a region to administer
cooperatively a regional youth accountability camp subject to the provisions of
ORS 420.011, 420.014, 420A.108 and 420A.111 (5).
     (4) The youth authority may contract with
any private agency to administer a regional youth accountability camp subject
to the provisions of ORS 420A.108 and 420A.111 (5). [1995 c.422 §23; 2005 c.271
§5]
     420A.147
Placement in regional youth accountability camps. (1) The Director of the Oregon Youth
Authority is solely responsible for determining which persons committed to, or
placed in the custody of, the youth authority are eligible to participate in,
and are accepted for, a regional youth accountability camp. The juvenile court
may recommend to the Oregon Youth Authority that a youth offender be placed in
a regional youth accountability camp, but the recommendation is not binding on
the youth authority.
     (2) In determining whether to place a
person in a regional youth accountability camp, the Director of the Oregon
Youth Authority must find that the person is physically and mentally able to
withstand the rigors of the program or that the program can be modified to
accommodate a personÂ’s physical or mental limitations. If the Director of the
Oregon Youth Authority determines that a personÂ’s acceptance into a regional
youth accountability camp is consistent with the safety of the community, the
welfare of the person, the objectives of the regional youth accountability camp
and the rules of the youth authority, the Director of the Oregon Youth
Authority may place the person into the program. [1995 c.422 §24]
     420A.155
Regional residential academies.
(1) The Oregon Youth Authority may establish up to four regional residential
academies.
     (2) A regional residential academy shall:
     (a) Provide a secure, closed residential
campus;
     (b) Provide year-round education, job and
life skills training, vocational training and apprenticeship programs; and
     (c) Include a drug and alcohol treatment
component that meets the standards promulgated by the Department of Human
Services pursuant to ORS 430.357.
     (3) The youth authority may contract with
all of the governing bodies of the counties in a region to administer
cooperatively a regional residential academy subject to the provisions of ORS
420.011, 420.014, 420A.108 and 420A.111 (5).
     (4) The youth authority may contract with
any private agency to administer a regional residential academy subject to the
provisions of ORS 420A.108 and 420A.111 (5).
     (5) The Director of the Oregon Youth
Authority is solely responsible for determining which persons committed to, or
placed in the physical custody of, the youth authority are eligible to
participate in, and are accepted for, a regional residential academy. The
juvenile court may recommend to the Oregon Youth Authority that a youth
offender be placed in a regional residential academy, but the recommendation is
not binding on the youth authority. [1995 c.422 §§25,26; 2005 c.271 §6]
SECOND LOOK
     420A.200
Duration of custody of
     (2) Except as otherwise provided in ORS
137.124 and 420.011, when a person in the physical custody of the Oregon Youth
Authority under ORS 137.124 attains 24 years and 11 months of age and if the
person will not complete the term of imprisonment imposed before the person
attains 25 years of age, the Oregon Youth Authority shall transfer the person
to the physical custody of the Department of Corrections. [1995 c.422 §52]
     420A.203
Eligibility for second look; report to sentencing court; hearing; disposition. (1)(a) This section and ORS 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:
     (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).
     (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 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 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 personÂ’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 personÂ’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 victimÂ’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, taking into account any
reduction in the sentence under ORS 421.121 or any other statute, with the
personÂ’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 victimÂ’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 personÂ’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 courtÂ’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. [1995 c.422 §53; 1997 c.727 §15;
2001 c.962 §99]
     420A.206
Conditional release; release plan; conditions; effect of violation of release
plan; revocation. (1)(a) If,
after the hearing required by ORS 420A.203, 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 victimÂ’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 personÂ’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 courtÂ’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 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 personÂ’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 personÂ’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 personÂ’s supervision as is
appropriate to the personÂ’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 personÂ’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 personÂ’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 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 courtÂ’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 courtÂ’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. [1995 c.422 §56; 1997 c.727 §16; 2001 c.962
§92]
MISCELLANEOUS
PROVISIONS
     420A.220
Damage to property of employee of
     (a) The damage to property arises out of
the employeeÂ’s employment at one of the institutions or facilities operated by
the youth authority; and
     (b) The employee files a written claim
with the employeeÂ’s employer within 180 days after the employee discovers or
should have discovered the damage.
     (2) No claim under subsection (1) of this
section shall be paid:
     (a) That exceeds, in the aggregate with
payments of other claims, the moneys appropriated for such purpose.
     (b) To the extent that the person
incurring damage has been or may be compensated by liability insurance or
otherwise.
     (c) If the youth authority determines the
cause or occasion of the accident resulting in damage is chargeable to the
conduct or negligence of the person damaged.
     (3) The decision of the youth authority to
reject any claim filed under this section is final and is not subject to review
under ORS chapter 183 or by any other agency or court. The provisions of this
section do not affect any other remedy that may be available to the claimant
under law.
     (4)(a) If any person owes a debt to this
state or a state agency, and the debt has been fixed by final judgment of a
court of competent jurisdiction or is no longer subject to judicial review, the
youth authority shall deduct the amount of the debt from any award made to that
person under this section.
     (b) The youth authority shall request the
State Treasurer to transfer to the appropriate fund or account to which the
debt is owed, an amount equal to the amount deducted from the award under
paragraph (a) of this subsection, for use during that biennium in accordance with
law by the state agency administering the fund or account to which the debt is
owed. The State Treasurer shall evidence the transfer by proper bookkeeping
entries. If the youth authority or State Treasurer cannot determine the
appropriate fund or account, the amount shall be transferred to the General
Fund for general governmental purposes.
     (c) Any debt owed by a person to this
state or a state agency is satisfied, upon the completion of a transfer made
pursuant to paragraph (b) of this subsection, to the extent of the amount so
transferred. [1999 c.905 §10]
     420A.223
Juvenile Justice Information System; establishment; rules. (1) The Juvenile Justice Information System,
an electronic information system administered by the state through the Oregon
Youth Authority, is established. The youth authority shall adopt rules
governing the administration of the Juvenile Justice Information System
including, but not limited to:
     (a) Confidentiality of information;
     (b) State and county roles and costs; and
     (c) County reporting requirements.
     (2) The youth authority shall develop and
administer the Juvenile Justice Information System according to the Criminal
Justice Information Standards program established under ORS 181.715.
     (3) Counties shall provide the youth authority
with required data elements in the format required by the rules of the youth
authority at no cost to the state. [1999 c.595 §1]
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