ORS 137.680

Redline — January 1, 2015 → current.View current text →

Current — January 1, 2017

As of January 1, 2015

(1) As used in this section, “specialty courts” means drug court programs as defined in ORS 3.450, veterans’ courts, mental health courts or any other similar court or docketing system.

(2)(a) The Oregon Criminal Justice Commission shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of the best practices applicable to specialty courts.

(b) After consulting with the Judicial Department, the commission shall develop evidence-based standards that may be applied to specialty courts. The standards must:

(A) Be designed to reduce recidivism in a cost-effective manner; and

(B) When appropriate, target medium-risk and high-risk offenders.

(b) After consulting with the Judicial Department, the commission shall develop evidence-based standards that may be applied to specialty courts. The standards must:

(A) Be designed to reduce recidivism in a cost-effective manner; and

(B) When appropriate, target medium-risk and high-risk offenders.

(3) The Chief Justice of the Supreme Court may issue an order applicable to specialty courts. The order may include a requirement that a circuit court that operates a specialty court review the standards described in subsection (2) of this section.

(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 five members:

(A) One member shall be a district attorney.

(B) One member shall be a county sheriff.

(D) One member shall be a county commissioner.

(E) One member shall be a community corrections director who is not a sheriff.

(b) The President of the Senate shall appoint two nonvoting members from among members of the Senate.

(c) 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) An application for a grant described in this section must be submitted by a local public safety coordinating council convened under ORS 423.560.

(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) The commission shall regularly evaluate the community-based sanctions, services and programs funded under this section. 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 (9)(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 (9)(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, subject to final approval by the commission.

(b) A process for evaluating the efficacy of community-based sanctions, services and programs funded under this section.

(9) 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.

(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.

PRESUMPTIVE SENTENCES, MANDATORY MINIMUM SENTENCES AND ADULT PROSECUTION OF 15-, 16- AND 17-YEAR-OLD OFFENDERS

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.