2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 137 - Judgment and Execution; Parole and Probation by the Court
Section 137.685 - Racial and ethnic impact statements for state measures; hearing.
(1)(a) Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement for a state measure that is related to crime and likely to have an effect on the criminal justice system.
(b) The racial and ethnic impact statement must:
(A) Describe the effects of the state measure on the racial and ethnic composition of the criminal offender population as defined in ORS 137.683;
(B) Include the information described in ORS 137.683 (3); and
(C) Be impartial, simple and understandable.
(2) If the commission has prepared a racial and ethnic impact statement for a state measure, not later than the 110th day before a special election held on the date of a primary election or any general election at which the state measure is to be submitted to the people, the commission shall file the statement with the Secretary of State.
(3) Not later than the 100th day before the election at which the measure is to be voted upon, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggestions for changes to the statement or to receive other information. At the hearing, any person may submit suggested changes or other information orally or in writing. Written suggestions and any other information also may be submitted at any time before the hearing.
(4) The commission shall consider suggestions and any other information submitted under subsection (3) of this section and may file a revised statement with the Secretary of State not later than the 90th day before the election at which the measure is to be voted upon.
(5) The Secretary of State shall certify the statement not later than the 90th day before the election at which the measure is to be voted upon.
(6) All statements prepared under this section shall be made available to the public.
(7) A failure to prepare, file or certify a statement does not prevent inclusion of the measure in the voters’ pamphlet. [2017 c.614 §3]
Note: See note under 137.683.
(Temporary provisions relating to
Justice Reinvestment Program)
Note: Sections 52, 53 and 56, chapter 649, Oregon Laws 2013, provide:
Sec. 52. The Justice Reinvestment 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 section 53 of this 2013 Act. [2013 c.649 §52]
Sec. 53. (1)(a) In consultation with the Justice Reinvestment Grant Review Committee established under subsection (2) of this section, the Oregon Criminal Justice Commission shall administer the Justice Reinvestment Program described in this section. From funds appropriated to the commission for purposes of the program, the commission shall award grants to counties that establish a process to assess offenders and provide a continuum of community-based sanctions, services and programs that are designed to reduce recidivism and decrease the county’s utilization of imprisonment in a Department of Corrections institution while protecting public safety and holding offenders accountable.
(b) Notwithstanding paragraph (a) of this subsection, no less than 10 percent of grant funds awarded under this section must be distributed to community-based nonprofit organizations that provide services to victims of crime.
(2) The Justice Reinvestment Grant Review Committee is established, consisting of the following members:
(a) The Governor shall appoint the following seven members:
(A) One member shall be a district attorney.
(B) One member shall be a county sheriff.
(C) One member shall be a chief of police.
(D) One member shall be a county commissioner.
(E) One member shall be a community corrections director who is not a sheriff.
(F) Two members shall be representatives of community-based organizations that provide services for underserved racial, ethnic or minority communities.
(b) The Chief Justice of the Supreme Court shall appoint one nonvoting member who is a judge.
(c) The President of the Senate shall appoint two nonvoting members from among members of the Senate.
(d) The Speaker of the House of Representatives shall appoint two nonvoting members from among members of the House of Representatives.
(3)(a) A majority of the voting members of the committee constitutes a quorum for the transaction of business.
(b) The committee shall elect one of its members to serve as chairperson.
(c) If there is a vacancy for any cause, the appointing authority shall make an appointment to become effective immediately.
(d) The committee shall meet at times and places specified by the call of the chairperson or a majority of the voting members of the committee.
(e) Legislative members of the committee shall be entitled to payment of compensation and expenses under ORS 171.072, payable from funds appropriated to the Legislative Assembly.
(4)(a) An application for a grant described in this section must be submitted by a local public safety coordinating council convened under ORS 423.560.
(b) The grant application must include a statement of commitment, from the relevant stakeholders of the service or program for which the county is requesting funding and including the district attorney, presiding judge and community corrections director, to reduce recidivism and decrease the county’s utilization of imprisonment in Department of Corrections facilities while protecting public safety and holding offenders accountable.
(5)(a) During a grant application period established by the commission, the proportion of grant funds available to each county shall be determined in accordance with the formula used to distribute baseline funding under ORS 423.483.
(b) At the conclusion of the grant application period, the commission shall award grants to counties in accordance with rules adopted by the commission. If unallocated funds remain at the conclusion of the grant acceptance period, the commission may establish a supplemental grant period and distribute the unallocated funds.
(6)(a) The commission shall regularly evaluate the community-based sanctions, services and programs funded under this section. The commission shall specifically assess the extent to which each county is reducing utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717, 475.752 to 475.980, 811.182, 813.010 or 813.011.
(b) The commission shall report the results of an evaluation conducted under this section to a committee of the Legislative Assembly related to the judiciary.
(7)(a) Before applying for grant funds to administer a community-based program described in subsection (10)(a)(D) of this section, the county must obtain the consent of the presiding judge of the judicial district in which the county is located.
(b) A grant application to administer a community-based program described in subsection (10)(a)(D) of this section must include the costs of appointed counsel.
(8) After consulting with the Justice Reinvestment Grant Review Committee, the commission shall adopt rules to administer the Justice Reinvestment Program. The rules must include:
(a) A methodology for reviewing and approving grant applications and distributing grant funds. Rules described in this paragraph must provide the Justice Reinvestment Grant Review Committee with the ability to approve grant applications for submission for final approval by the commission. The commission may either approve the grant application or return the application for reconsideration by the committee.
(b) A process for evaluating the efficacy of community-based sanctions, services and programs funded under this section.
(c) A requirement that the grant review committee consider, when approving grant applications, each county’s historical reduction of utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717, 475.752 to 475.980, 811.182, 813.010 or 813.011.
(d) Provisions allowing the grant review committee to submit to the commission, and the commission to approve, provisional funding plans for counties applying for grants under this section.
(9)(a) If a county does not reduce utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717, 475.752 to 475.980, 811.182, 813.010 or 813.011, upon request of the grant review committee, the commission shall decline to grant the full grant amount requested by a county, provide technical assistance, withhold approved grant funds or terminate further distribution of the grant award.
(b) If the commission takes an action described in paragraph (a) of this subsection, any remaining moneys may be redistributed by the commission through a supplemental grant program. Priority shall be given to counties funding programs for historically underserved communities including rural communities, racial, ethnic and minority communities and tribal communities. Rural counties may apply for supplemental grants in cooperation with other rural counties.
(10) As used in this section:
(a) "Community-based programs" includes:
(A) Work release programs;
(B) Structured, transitional leave programs;
(C) Evidence-based programs designed to reduce recidivism that include the balanced administration of sanctions, supervision and treatment;
(D) Administering a reentry court under section 29 of this 2013 Act; and
(E) Specialty courts aimed at medium-risk and high-risk offenders.
(b) "County" includes a regional collection of counties. [2013 c.649 §53; 2013 c.649 §54; 2019 c.598 §1]
Sec. 56. Sections 52 and 53 of this 2013 Act are repealed on July 1, 2023. [2013 c.649 §56]
Note: Sections 59 and 60, chapter 649, Oregon Laws 2013, provide:
Sec. 59. (1) Not less than once per biennium, the Oregon Criminal Justice Commission shall, in conjunction with the Department of Corrections, identify:
(a) The avoided costs to state government resulting from the passage of this 2013 Act; and
(b) Any increased costs to local governments resulting from the passage of this 2013 Act.
(2) No later than January 1 of each odd-numbered year, the commission shall submit a report to the Justice Reinvestment Grant Review Committee established under section 53 of this 2013 Act and to the Legislative Assembly in the manner provided by ORS 192.245, that includes the determinations described in subsection (1) of this section and describes the methodology employed by the commission in reaching those determinations.
(3) As used in this section, "avoided costs" includes the costs of operating correctional facilities and the costs associated with constructing additional prison capacity. [2013 c.649 §59]
Sec. 60. Section 59 of this 2013 Act is repealed on July 1, 2023. [2013 c.649 §60]
(Temporary provisions relating to
Safety and Savings Act)
Note: Sections 1, 10 and 14, chapter 673, Oregon Laws 2017, provide:
Sec. 1. Sections 7 to 10 [section 9 was repealed and section 5, chapter 98, Oregon Laws 2018, was enacted in lieu thereof] of this 2017 Act, the amendments to ORS 137.717 and 421.168 and section 1, chapter 830, Oregon Laws 2015, by sections 2, 4, 5 and 6 of this 2017 Act and the repeal of section 16, chapter 649, Oregon Laws 2013, by section 3 of this 2017 Act shall be known and may be cited as the Safety and Savings Act. [2017 c.673 §1]
Sec. 10. The Oregon Criminal Justice Commission shall study the impact of this 2017 Act [chapter 673, Oregon Laws 2017] on prison utilization, recidivism and public safety and report the results of the study to the interim committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS 192.245, no later than February 1 of each year. [2017 c.673 §10]
Sec. 14. Section 10, chapter 673, Oregon Laws 2017, is repealed on January 2, 2028. [2017 c.673 §14; 2018 c.98 §6]
Note: Sections 4, 5 and 7, chapter 98, Oregon Laws 2018, provide:
Sec. 4. Section 9, chapter 673, Oregon Laws 2017, is repealed and section 5 of this 2018 Act is enacted in lieu thereof. [2018 c.98 §4]
Sec. 5. (1) The Oregon Criminal Justice Commission shall establish a program to award supplemental grant funds to counties for downward departure prison diversion programs as part of the Justice Reinvestment Program described in section 53, chapter 649, Oregon Laws 2013. Notwithstanding sections 52 and 53 (1)(a), chapter 649, Oregon Laws 2013, the commission shall use any moneys appropriated to the commission for the supplemental grant program to award supplemental grant funds for downward departure prison diversion programs to counties selected by the commission to receive the funds. The commission shall give preference to counties establishing downward departure prison diversion programs on or after August 8, 2017.
(2) The commission shall monitor the downward departure prison diversion programs described in subsection (1) of this section and evaluate prison utilization by counties that receive the supplemental grant funds. The commission shall annually report the evaluation findings to the Joint Interim Committee on Ways and Means. [2018 c.98 §5]
Sec. 7. Section 5 of this 2018 Act is repealed on July 1, 2023. [2018 c.98 §7]
Note: Sections 1 and 3, chapter 147, Oregon Laws 2019, provide:
Sec. 1. (1) The Oregon Criminal Justice Commission shall conduct studies on local and regional correctional facilities across this state as follows:
(a) The commission shall study current practices at each facility related to data and data collection, including:
(A) The collection and availability of census data.
(B) The collection and availability of death rates.
(C) The collection and availability of data on the medical, mental and behavioral health conditions of prisoners.
(D) The use of data systems and availability of data reporting generally.
(E) The use and availability of aggregate data from local and regional correctional facilities across this state.
(b)(A) The commission shall study current practices at each facility related to health care, including:
(i) The manner and means by which health care is currently provided.
(ii) The current cost of health care in the facilities.
(iii) Barriers to the provision of adequate health care.
(B) As used in this paragraph, "health care" includes medical, mental and behavioral health care.
(c) The commission shall obtain and analyze the standards, policies and procedures used by each facility and report as to whether the standards, policies and procedures:
(A) Adequately protect the rights of prisoners under the Oregon and United States Constitutions.
(B) Are in conformance with national best practices in jail administration.
(2) For the study described in subsection (1)(a) of this section, local and regional correctional facilities shall submit primary, unprocessed data regarding their in-custody populations to the commission.
(3)(a) The commission shall convene an advisory council for the studies described in subsection (1) of this section which must include representatives from a sheriff’s organization, a district attorneys association, a criminal defense association, a civil rights and civil liberties organization, a disability rights organization, the Oregon Health Authority, the Department of Justice, a member of the House of Representatives, a member of the Senate and a representative from the Governor’s office.
(b) The commission, in consultation with the advisory council, shall determine the content and acceptable format for any data, information or documentation submitted by local and regional correctional facilities for the studies described in subsection (1) of this section.
(c) Local and regional correctional facilities shall submit all data, information or documentation for the studies described in subsection (1) of this section by January 1, 2020.
(4) The commission shall present the results of the studies described in subsection (1) of this section, along with any national best practices, local promising practices, and recommended legislative changes, in a report to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS 192.245 on or before September 15, 2020. [2019 c.147 §1]
Sec. 3. Section 1 of this 2019 Act is repealed on January 2, 2021. [2019 c.147 §3]
