ORS 137.685
Racial and ethnic impact statements for state measures

  • hearing

(1)

Intentionally left blank —Ed.

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

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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 (Local public safety coordinating council).

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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 (Presumptive sentences for certain property offenders), 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), 811.182 (Criminal driving while suspended or revoked), 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants).

(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)

Intentionally left blank —Ed.

(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 (Presumptive sentences for certain property offenders), 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), 811.182 (Criminal driving while suspended or revoked), 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants).

(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)

Intentionally left blank —Ed.

(a)

If a county does not reduce utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717 (Presumptive sentences for certain property offenders), 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), 811.182 (Criminal driving while suspended or revoked), 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants), 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 (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]
(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 (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. 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. 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 2, chapter 303, Oregon Laws 2021, provide:
Sec. 1. (1) The Oregon Criminal Justice Commission shall convene an advisory council to assist in performing the duties and responsibilities described in subsections (3) and (4) of this section.

(2)

Intentionally left blank —Ed.

(a)

The chairperson of the commission shall appoint to serve on the advisory council:

(A)

One member representing a sheriffs’ organization;

(B)

One member representing a county counsels’ organization;

(C)

One member representing a criminal defense organization;

(D)

One member representing a civil rights or civil liberties organization;

(E)

One member representing the system designated by ORS 192.517 (Access to records of individual with disability or individual with mental illness) to protect and advocate for the rights of individuals with disabilities;

(F)

One member representing the Oregon Health Authority;

(G)

One member representing the Department of Justice;

(H)

One member who is an employee of the Governor’s office;

(I)

One member who has medical training and experience delivering health care services directly to patients;

(J)

One member who has training and experience as a pharmacist;

(K)

One member who has training in counseling, psychiatry or other similar field with experience delivering mental health services to clients;

(L)

One member who is the chief administrator at a local correctional facility;

(M)

One member representing a federally qualified health center; and

(N)

One member who provides health care services to adults in custody at a local correctional facility.

(b)

Intentionally left blank —Ed.

(A)

The President of the Senate shall appoint one member of the Senate to serve on the advisory council.

(B)

The Speaker of the House of Representatives shall appoint one member of the House of Representatives to serve on the advisory council.

(3)

The commission, in consultation with the advisory council, shall develop recommendations for minimum standards, policies and procedures for the provision of health care services to adults in custody in local correctional facilities, including minimum standards for:

(a)

Qualifications and licensure requirements for health care professionals;

(b)

Access by adults in custody to a health care professional who is authorized to prescribe pharmaceutical medications;

(c)

Staffing levels and round-the-clock, on-call health care services;

(d)

Protocols to ensure timely transfer and continuity of care for adults in custody to and from a hospital following a determination by a health care professional that treatment at a hospital is medically necessary;

(e)

Screening health care needs of adults in custody;

(f)

Scheduling and administering appointments, including follow-up appointments, with health care professionals;

(g)

Establishing an appropriate, confidential space for the provision of health care services to adults in custody; and

(h)

Any pilot project or tiered implementation the commission and advisory council deem worthy of consideration.

(4)

Intentionally left blank —Ed.

(a)

The commission, in consultation with the advisory council, shall develop recommendations for the establishment of a permanent independent commission to exercise on an ongoing basis the duties and responsibilities described in subsection (3) of this section for the purpose of periodically updating and optimizing minimum standards, policies and procedures for the provision of health care services to adults in custody in local correctional facilities.

(b)

The recommendations described in paragraph (a) of this subsection must include, but are not limited to:

(A)

The name of the permanent independent commission;

(B)

The number, term and qualifications of members on the permanent independent commission;

(C)

The appointing authority for each member of the permanent independent commission;

(D)

The executive agency, if any, under whose auspices the permanent independent commission will be established;

(E)

Protocols for conducting business and holding meetings; and

(F)

The frequency at which the permanent independent commission must report to the Legislative Assembly in the manner provided under ORS 192.245 (Form of report to legislature) recommendations to update and optimize minimum standards, policies and procedures for the provision of health care services to adults in custody at local correctional facilities.

(5)

The commission shall present recommendations for the minimum standards developed under subsection (3) of this section, including cost estimates for statewide implementation and possible funding sources to cover those costs, and recommendations for the establishment of the permanent independent commission described in subsection (4) of this section, along with any national best practices, promising local 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 (Form of report to legislature) on or before September 15, 2022. [2021 c.303 §1]
Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2023. [2021 c.303 §2]
PRESUMPTIVE SENTENCES, MANDATORY MINIMUM SENTENCES AND ADULT PROSECUTION OF CERTAIN JUVENILE OFFENDERS

Source: Section 137.685 — Racial and ethnic impact statements for state measures; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

137.010
Duty of court to ascertain and impose punishment
137.012
Suspension of imposition or execution of sentence of person convicted of certain sexual offenses
137.013
Appearance by victim at time of sentencing
137.017
Disposition of fines, costs and security deposits received by court
137.020
Time for pronouncing judgment
137.030
Presence of defendant at pronouncement of judgment
137.040
Bringing defendant in custody to pronouncement of judgment
137.050
Nonattendance or nonappearance of released defendant when attendance required by court
137.060
Form of bench warrant
137.070
Counties to which bench warrant may issue
137.071
Requirements for judgment documents
137.074
Fingerprints of convicted felons and certain misdemeanants required
137.076
Blood or buccal sample and thumbprint of certain convicted defendants required
137.077
Presentence report
137.079
Presentence report
137.080
Consideration of circumstances in aggravation or mitigation of punishment
137.085
Age and physical disability of victim as factors in sentencing
137.090
Considerations in determining aggravation or mitigation
137.100
Defendant as witness in relation to circumstances
137.101
Compensatory fine
137.103
Definitions for ORS 137.101 to 137.109
137.105
Authority of trial court during pendency of appeal
137.106
Restitution to victims
137.107
Authority of court to amend part of judgment relating to restitution
137.108
Restitution when defendant has entered into diversion agreement
137.109
Effect of restitution order on other remedies of victim
137.118
Assignment of judgments for collection of monetary obligation
137.120
Term of sentence
137.121
Maximum consecutive sentences
137.123
Provisions relating to concurrent and consecutive sentences
137.124
Commitment of defendant to Department of Corrections or county
137.126
Definitions for ORS 137.126 to 137.131
137.128
Community service as part of sentence
137.129
Length of community service sentence
137.131
Community service as condition of probation for offense involving graffiti
137.138
Forfeiture of weapons and revocation of hunting license for certain convictions
137.143
All monetary obligations constitute single obligation on part of convicted person
137.145
Definitions for ORS 137.145 to 137.159
137.146
Priorities for application of payments on criminal judgments entered in circuit courts
137.147
Priorities for application of payments on criminal judgments entered in local courts
137.149
Level I obligations in circuit court judgments
137.151
Level I obligations in local court judgments
137.153
Level II obligations in circuit court judgments
137.154
Level II obligations in local court judgments
137.155
Level III obligations in circuit court judgments
137.156
Level III obligations in local court judgments
137.157
Level IV obligations in circuit court judgments
137.158
Level IV obligations in local court judgments
137.159
Level V obligations in circuit court judgments
137.167
Imprisonment when county jail is not suitable for safe confinement
137.170
Entry of judgment in criminal action
137.172
Entry of corrected judgment
137.175
Judgment in criminal action that effects release of defendant
137.183
Interest on judgments
137.210
Taxation of costs against complainant
137.212
Clerk to prepare trial court file
137.218
Joint petition for reconsideration of conviction or sentence
137.221
Vacation of judgment of conviction for prostitution
137.222
Motion for reduction of marijuana conviction offense classification
137.223
Order setting aside judgment of guilty except for insanity
137.225
Order setting aside conviction or record of criminal charge
137.226
Eligibility for order setting aside certain marijuana convictions
137.227
Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person
137.228
Finding that defendant is alcoholic or drug-dependent person
137.229
Duty of Department of Corrections
137.230
Definitions for ORS 137.260
137.260
Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged
137.270
Effect of felony conviction on property of defendant
137.275
Effect of felony conviction on civil and political rights of felon
137.281
Withdrawal of rights during term of incarceration
137.285
Retained rights of felon
137.286
Minimum fines for misdemeanors and felonies
137.300
Criminal Fine Account
137.301
Legislative findings
137.310
Authorizing execution of judgment
137.315
Electronic telecommunication of notice of judgment authorized
137.320
Delivery of defendant when committed to Department of Corrections
137.330
Where judgment of imprisonment in county jail is executed
137.333
Exception to ORS 137.330
137.370
Commencement and computation of term of imprisonment in state correctional institution
137.372
Credit for time served as part of probationary sentence
137.375
Release of prisoners whose terms expire on weekends or legal holidays
137.380
Discipline, treatment and employment of prisoners
137.390
Commencement, term and termination of term of imprisonment in county jail
137.440
Return by officer executing judgment
137.450
Enforcement of money judgment in criminal action
137.452
Satisfaction of monetary obligation imposed as part of sentence
137.463
Death warrant hearing
137.464
Administrative assessment of defendant’s mental capacity
137.466
Judicial determination of defendant’s mental capacity
137.467
Delivery of warrant when place of trial changed
137.473
Means of inflicting death
137.476
Assistance by licensed health care professional or nonlicensed medically trained person
137.478
Return of death warrant after execution of sentence of death
137.482
Service of documents on defendant
137.520
Power of committing magistrate to parole and grant temporary release to persons confined in county jail
137.523
Custody of person sentenced to confinement as condition of probation
137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467
137.530
Investigation and report of parole and probation officers
137.532
Probation without entering plea
137.533
Probation without entering judgment of guilt
137.540
Conditions of probation
137.542
Probation conditions related to medical use of cannabis
137.545
Period of probation
137.547
Consolidation of probation violation proceedings
137.551
Revocation of probationary sentences
137.553
Use of citations for probation violations authorized
137.557
Citation
137.560
Copies of certain judgments to be sent to Department of Corrections
137.570
Authority to transfer probationer from one agency to another
137.580
Effect of transfer of probationer from one agency to another
137.590
Appointment of parole and probation officers and assistants
137.592
Policy regarding probation violations
137.593
Duty of corrections agencies to impose structured, intermediate sanctions for probation violations
137.595
Establishing system of sanctions
137.596
Probation violations
137.597
Probationer may consent to imposition of sanctions
137.599
Hearing prior to, or after, imposition of sanctions
137.610
Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge
137.620
Powers of parole and probation officers
137.630
Duties of parole and probation officers
137.633
Earned reduction of supervision period
137.635
Determinate sentences required for certain felony convictions
137.637
Determining length of determinate sentences
137.651
Definitions for ORS 137.654, 137.656 and 137.658
137.654
Oregon Criminal Justice Commission
137.656
Purpose and duties of commission
137.658
Authority of chairperson to create committees within commission
137.661
Agency cooperation with commission
137.662
Oregon Criminal Justice Commission Account
137.667
Amendments to sentencing guidelines
137.669
Guidelines control sentences
137.671
Authority of court to impose sentence outside guidelines
137.672
Aggravating factor sentencing rules relating to gender identity of victim
137.673
Validity of rules
137.674
Use of force data analysis
137.676
Development of method for district attorneys to record and report bias-related crime data
137.678
Analysis of bias-related crime and incident data
137.679
Restorative justice grant program
137.680
Development of specialty court standards
137.681
Innovative Grant Program
137.682
Innovative Grant Fund
137.683
Racial and ethnic impact statements for proposed legislation
137.685
Racial and ethnic impact statements for state measures
137.689
Oregon Crimefighting Act
137.690
Major felony sex crime
137.700
Offenses requiring imposition of mandatory minimum sentences
137.705
Definitions
137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court
137.709
Application of ORS 137.700 and 137.707
137.712
Exceptions to ORS 137.700 and 137.707
137.717
Presumptive sentences for certain property offenders
137.719
Presumptive life sentence for certain sex offenders upon third conviction
137.725
Presumptive life sentence for certain sex offenders upon second conviction
137.750
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs
137.751
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508
137.752
Requirements when defendant committed to custody of county
137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752
137.765
Sexually violent dangerous offenders
137.767
Presentence investigation and examination
137.769
Defendant’s right to independent examination
137.771
Resentencing hearing
137.924
Supervisory authority to provide information to agency directors
137.930
Criminal history data provider requirements
Green check means up to date. Up to date