2017 ORS 144.089¹
Community service exchange programs

(1) As used in this section:

(a) “Community-based organization” means a not-for-profit organization or entity or a local or county government.

(b) “Community service” has the meaning given that term under ORS 137.126 (Definitions for ORS 137.126 to 137.131).

(c) “Delinquent fees or debts” means:

(A) Unpaid costs for conviction;

(B) Attorney fees;

(C) Costs related to criminal conviction that a person accumulated while incarcerated; or

(D) Fees of any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting as described in ORS 1.202 (Fee for establishing and administering account for judgment that includes monetary obligation).

(d) “Person” means an individual who has served a sentence in the legal and physical custody of the Department of Corrections and who is serving an active period of parole or post-prison supervision.

(e) “Supervisory authority” has the meaning given that term under ORS 144.087 (“Supervisory authority” defined).

(2)(a) The county governing body of each county shall establish a community service exchange program for the county.

(b) The local supervisory authority may determine whether to participate in the community service exchange program.

(c) The local supervisory authority may determine whether a community-based organization qualifies for the community service exchange program.

(d) A person may not participate in the community service exchange program more than once.

(3) The community service exchange program may not result in a waiver of unpaid balances for:

(a) Restitution or compensatory fines imposed under ORS 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim);

(b) Unpaid obligations imposed by a support order under ORS chapter 25;

(c) Fines for misdemeanors and felonies under ORS 137.286 (Minimum fines for misdemeanors and felonies); or

(d) Fines for traffic offenses.

(4) In order to be eligible to participate in the community service exchange program, a person must:

(a) Enter into a written agreement with a community-based organization to perform community service in exchange for a waiver of delinquent fees or debts and supervision fees; and

(b) Obtain the approval of the terms of the written agreement of the local supervisory authority.

(5) A community-based organization shall supervise and record the community service that a person performs to fulfill the requirements established by the written agreement described under this section. The community-based organization shall notify the local supervisory authority as soon as a person has entered into the community service exchange program and when the person has successfully fulfilled or failed to meet the requirements of the program.

(6) Within 30 days of the local supervisory authority’s receiving notification that a person is participating in the community service exchange program:

(a) The local supervisory authority shall notify the court of the county in which the person was convicted. Notwithstanding ORS 137.143 (All monetary obligations constitute single obligation on part of convicted person), upon notification from the local supervisory authority, the court shall suspend all collection activity of delinquent fees or debts.

(b) If a person is under the supervision of a community corrections agency, the local supervisory authority shall notify the community corrections agency. The community corrections agency or the local supervisory authority shall cause all collection of supervision fees, including but not limited to those ordered pursuant to ORS 423.570 (Monthly fee payable by person on supervised release), to be ceased.

(c) If the person is under the supervision of the local supervisory authority, the local supervisory authority shall cause all collection of supervision fees, including but not limited to those ordered pursuant to ORS 423.570 (Monthly fee payable by person on supervised release), to be ceased.

(7)(a) When a person has successfully fulfilled the requirements of the community service exchange program, the community-based organization shall notify the local supervisory authority and the local supervisory authority shall send a notice of completion to the court of the county in which the person was convicted.

(b) If the person is under the supervision of the local supervisory authority, upon notification of completion from the community-based organization, the local supervisory authority shall waive the supervision fees, including but not limited to those ordered pursuant to ORS 423.570 (Monthly fee payable by person on supervised release).

(c) If the person is under the supervision of a community corrections agency or other local supervisory authority, upon notification of completion from the community-based organization, the local supervisory authority shall notify the community corrections agency and the community corrections agency or local supervisory authority shall waive the supervision fees, including but not limited to those ordered pursuant to ORS 423.570 (Monthly fee payable by person on supervised release), and the local supervisory authority may waive all other fees to offset the costs of supervision.

(d) Upon notification of completion from the local supervisory authority, the court shall update the record of monetary obligations imposed for the convictions to reflect a waiver of delinquent fees or debts.

(8) If a person fails to meet the requirements of the community service exchange program:

(a) The community-based organization shall notify the local supervisory authority and, if applicable, the local supervisory authority shall notify the community corrections agency or other local supervisory authority. Upon notification, the local supervisory authority or the community corrections agency shall resume collection of the supervision fees, including but not limited to those ordered pursuant to ORS 423.570 (Monthly fee payable by person on supervised release).

(b) Within 30 days of the local supervisory authority’s receiving notification from the community-based organization, the local supervisory authority shall notify the court of the county in which the person was convicted.

(c) Upon notification from the local supervisory authority, the court shall resume collection of delinquent fees or debts. [2017 c.522 §1]

Note: 144.089 (Community service exchange programs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Law Review Cita­tions

55 OLR 303-347 (1976)

Chapter 144

Notes of Decisions

Under rules of State Board of Parole, board could not in determining history/risk score, consider juvenile adjudica­tions that had been expunged pursuant to [former] ORS 419.800 to 419.839, even if prisoner admits to board that they occurred. West v. Board of Parole, 86 Or App 616, 739 P2d 1096 (1987)

Law Review Cita­tions

53 OLR 32, 67-79 (1973)

1 Legislative Counsel Committee, CHAPTER 144—Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors144.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.