2017 ORS 137.685¹
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 (Racial and ethnic impact statements for proposed legislation);

(B) Include the information described in ORS 137.683 (Racial and ethnic impact statements for proposed legislation) (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: Section 13, chapter 614, Oregon Laws 2017, provides:

Sec. 13. Section 3 of this 2017 Act [137.685 (Racial and ethnic impact statements for state measures)] and the amendments to ORS 251.185 (Measures, estimates, statements and arguments included in voters’ pamphlet) by section 9 of this 2017 Act apply to elections held on or after the first Tuesday after the first Monday in November 2018. [2017 c.614 §13]

Note: See note under 137.683 (Racial and ethnic impact statements for proposed legislation).

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 five 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.

(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 (Salary of members and presiding officers), 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 (Local public safety coordinating council).

(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 (Baseline funding).

(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. [2013 c.649 §53; 2013 c.649 §54]

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 (Form of report to legislature), 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]

Note: Sections 1, 9, 10 and 14, chapter 673, Oregon Laws 2017, provide:

Sec. 1. Sections 7 to 10 of this 2017 Act, the amendments to ORS 137.717 (Presumptive sentences for certain property offenders) and 421.168 (Transitional leave) 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. 9. (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 the moneys described in section 7 of this 2017 Act for supplemental grant funds for downward departure prison diversion programs in counties selected by the commission to receive the supplemental grant funds. The commission shall give preference to counties establishing downward departure prison diversion programs on or after the effective date of this 2017 Act [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. [2017 c.673 §9]

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 (Form of report to legislature), no later than February 1 of each year. [2017 c.673 §10]

Sec. 14. (1) Section 9 of this 2017 Act is repealed on July 1, 2023.

(2) Section 10 of this 2017 Act is repealed on January 2, 2028. [2017 c.673 §14]

Note: Section 1, chapter 698, Oregon Laws 2017, provides:

Sec. 1. (1) The Oregon Criminal Justice Commission shall study, track and account for all public moneys appropriated for and expended on the provision of alcohol and drug treatment.

(2) The commission shall, when performing the study described in subsection (1) of this section, examine:

(a) Treatment provided by state agencies and other public entities;

(b) Treatment provided by private entities through contracts with public entities; and

(c) Outcomes of each type of treatment and, specifically, the effect of outcomes on the criminal justice system.

(3) The Oregon Health Authority, the Department of Human Services, the Department of Corrections and the Oregon Youth Authority shall assist the commission in the performance of the study described in this section and, to the extent permitted by laws relating to confidentiality, furnish information the commission considers necessary to perform the study.

(4) The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided by ORS 192.245 (Form of report to legislature) no later than September 15, 2019. [2017 c.698 §1]

Note: Section 24, chapter 706, Oregon Laws 2017, provides:

Sec. 24. The Oregon Criminal Justice Commission shall study the effect that the reduction of certain unlawful possession of a controlled substance offenses from a felony to a misdemeanor has had on the criminal justice system, rates of recidivism and the composition of the population of persons convicted of felony offenses. The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided by ORS 192.245 (Form of report to legislature) no later than September 15, 2018. [2017 c.706 §24]

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

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.