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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 34 HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
Chapter : Chapter 420A Oregon Youth Authority; Youth Correction Facilities
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As used in ORS 420A.005 to 420A.155, unless
the context requires otherwise:
(1) “Cognitive restructuring” means any rehabilitation process that
redirects the thinking of an offender into more socially acceptable
directions and that is generally accepted by rehabilitation professionals.
(2) “Director” means the Director of the Oregon Youth Authority.
(3) “Reformation plan” means a written plan prepared by the Oregon
Youth Authority that is tailored to the youth offender’s unique
requirements as identified by the initial assessment. “Reformation plan”
includes, but is not limited to, a plan for medical, educational,
vocational, social and psychological services and training as well as
other rehabilitative services designed to reduce future criminal and
antisocial conduct and to provide the youth offender with clear
expectations about what programs must be successfully completed by the
youth offender.
(4) “Youth authority” means the Oregon Youth Authority.
(5) “Youth correction facility” has the meaning given that term in
ORS 420.005.
(6) “Youth offender” has the meaning given that term in ORS
419A.004. [1995 c.422 §1b; 1997 c.433 §6] (1) The Oregon Youth Authority is
established. The youth authority shall:
(a) Supervise the management and administration of youth correction
facilities, state parole and probation services, community out-of-home
placement for youth offenders committed to its legal custody and other
functions related to state programs for youth corrections;
(b) Provide capital improvements and capital construction necessary
for the implementation of all youth correction facilities;
(c) Carry out dispositions of youth offenders committed to its
legal custody;
(d) Exercise custody and supervision over those youth offenders
committed to the youth authority by order of the juvenile court and
persons placed in the physical custody of the youth authority under ORS
137.124 or other statute until the time that a lawful release authority
authorizes release or terminates the commitment or placement;
(e) Provide adequate food, clothing, health and medical care,
sanitation and security for confined youth offenders and others in youth
authority custody;
(f) Provide youth offenders and others in youth authority custody
with opportunities for self-improvement and work; and
(g) Conduct investigations and prepare reports for release
authorities.
(2) To meet the individual circumstances of each person committed
to its custody, the youth authority shall:
(a) Develop a flexible fee-for-service provider system that can
respond quickly to each person’s identified and changing circumstances;
and
(b) Develop a process for joint state and county review of
contracts entered into under subsection (6)(b) of this section and
paragraph (a) of this subsection based on:
(A) Measurable outcomes, which must include in dominant part the
reduction of future criminal or antisocial conduct and which also must
include:
(i) Academic progress;
(ii) Social adjustments;
(iii) Behavioral improvements;
(iv) Rearrests; and
(v) Other measurements as determined by the youth authority;
(B) Performance measurements including:
(i) Fiscal accountability;
(ii) Compliance with state and federal regulations;
(iii) Record keeping, including data collection and management; and
(iv) Reporting; and
(C) Provision of services identified under the reformation plan.
(3) In order to measure performance as required in subsection (2)
of this section, the youth authority shall require parties to the
contracts to compile, manage and exchange data to the extent of available
information systems resources to facilitate the measurement of outcomes
including, but not limited to, reduction in future criminal or antisocial
conduct.
(4) The youth authority may administer a program of state
assistance to counties for the construction and operation of local youth
detention facilities or to purchase detention services.
(5) The youth authority shall accept and exercise legal or physical
custody of youth offenders and others 12 years of age and over and under
25 years of age who are committed to, or placed with, the youth authority
pursuant to:
(a) A juvenile court adjudication and disposition under ORS chapter
419C; or
(b) ORS 137.124.
(6)(a) The youth authority shall cooperate with and assist county
governments and juvenile departments in carrying out the principles and
purposes of the juvenile justice system as provided in ORS 419C.001.
(b) The youth authority is authorized to contract with counties,
groups of counties or private providers to administer juvenile
corrections programs and services as provided in ORS 420.017, 420.019,
420A.145 and 420A.155 (1) to (4).
(c) The youth authority may provide consultation services related
to the juvenile justice system to local or statewide public or private
agencies, groups and individuals or may initiate such consultation
services. Consultation services include, but are not limited to,
conducting studies and surveys, sponsoring or participating in
educational programs and providing advice and assistance. Nothing in ORS
419C.001 and 420A.005 to 420A.155 is intended to diminish the state’s
efforts to plan, evaluate and deliver effective human services programs
to youth offenders, either in a youth correction facility or on probation
or parole. Therefore, the Oregon Youth Authority and the Department of
Human Services shall jointly develop and implement needed social and
rehabilitative services.
(7) The youth authority is the recipient of all federal funds paid
or to be paid to the state to enable the state to provide youth
correction programs and services assigned to the Department of Human
Services prior to January 1, 1996.
(8) The youth authority shall report its progress in implementing
the provisions of chapter 422, Oregon Laws 1995, to the Legislative
Assembly at each regular session.
(9) The equal access provisions of ORS 417.270 apply to the youth
authority’s development and administration of youth correction
facilities, programs and services, including the development and
implementation of the statewide diversion plan described in ORS 420.017.
(10) The youth authority shall:
(a) Be cognizant of and sensitive to the issue of
overrepresentation of minority youth offenders in youth correction
facilities;
(b) Endeavor to develop and operate, and require its subcontractors
to develop and operate, culturally appropriate programs for youth
offenders; and
(c) Keep data reflecting the ethnicity and gender of all youth
offenders committed to its care.
(11) The youth authority is a designated agency as defined in ORS
181.010. [1995 c.422 §2; 1997 c.433 §7; 2003 c.396 §142]Note: Legislative Counsel has substituted “chapter 422, Oregon Laws
1995,” for the words “this Act” in section 2, chapter 422, Oregon Laws
1995, compiled as 420A.010. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by
referring to the 1995 Comparative Section Table located in Volume 20 of
ORS.(1) The Oregon Youth Authority,
in consultation with the Oregon Juvenile Department Directors’
Association, shall adopt one or more definitions of recidivism and
establish a recidivism reporting system applicable to youth offenders.
The definition must be designed to address outcomes including, but not
limited to, community safety and rehabilitation.
(2) The juvenile department of a county annually shall submit to
the Oregon Youth Authority, in the form established under subsection (1)
of this section, statistical data relating to the recidivism of
delinquent youths experienced by the county during the previous year.
(3) The Oregon Youth Authority shall publish an annual
comprehensive report that includes the data provided by the counties
under subsection (2) of this section and similar data that measures the
recidivism of youths supervised by the youth authority who are on
probation or parole.
(4) The Oregon Youth Authority shall cooperate and, to the extent
of available information systems resources, shall share data with the
Department of Corrections to enable the department to track youth
offenders who later enter the adult corrections system and to assess the
effect of juvenile corrections on future criminal conduct that occurs
during and after supervision by the Oregon Youth Authority and county
juvenile departments. The Department of Corrections shall manage data
under this subsection in a manner consistent with the confidentiality of
juvenile court records and the effectiveness of orders of expunction.
[1995 c.422 §§128,129; 1997 c.433 §8; 2001 c.904 §7; 2001 c.905 §8]Note: 420A.012 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 420A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The enumeration of
duties, functions and powers in ORS 420A.010 is not intended to be
exclusive nor limit the duties, functions and powers imposed on or vested
in the Oregon Youth Authority by other statutes. [1995 c.422 §3] (1) The Oregon Youth Authority is
under the supervision and control of a director, who is responsible for
the performance of the duties, functions and powers of the youth
authority.
(2) The Governor shall appoint the director, who holds office at
the pleasure of the Governor.
(3) The director shall receive a salary as provided by law or, if
not so provided, as prescribed by the Governor, and shall be reimbursed
for all expenses actually and necessarily incurred by the director in the
performance of official duties.
(4) For purposes of administration, subject to the approval of the
Governor, the Director of the Oregon Youth Authority may organize and
reorganize the youth authority as the director considers necessary to
conduct properly the work of the youth authority.
(5) The director may divide the functions of the youth authority
into administrative divisions. Each division is under the supervision of
a person appointed by the director, subject to the approval of the
Governor, to serve at the pleasure of the director and not to be subject
to the State Personnel Relations Law. Each person must be well qualified
by technical training and experience in the functions to be performed by
the person. [1995 c.422 §5] The appointment of the
Director of the Oregon Youth Authority is subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565. [1995 c.422
§6] (1) The
Director of the Oregon Youth Authority may appoint, subject to the
approval of the Governor, a deputy director to serve at the pleasure of
the director, with authority to act for the director in the absence of
the director but subject to the control of the director at all times. The
designation of the deputy director must be by written order, filed with
the Secretary of State.
(2) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate officers and
employees of the youth authority, prescribe their duties and fix their
compensation. [1995 c.422 §7]For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Oregon Youth Authority may
require the fingerprints of a person who:
(1) Is employed or applying for employment by the youth authority;
or
(2) Provides services or seeks to provide services to the youth
authority as a contractor, vendor or volunteer. [2005 c.730 §61]Note: 420A.021 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 420A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The Director of the
Oregon Youth Authority may authorize an individual youth correction
officer or group of youth correction officers to exercise the powers and
authority of a peace officer in the supervision and custody of youth
offenders and persons in the physical custody of the youth authority
under ORS 137.124 or other applicable law.
(2) The authority of a youth correction officer acting as a peace
officer under subsection (1) of this section includes but is not limited
to:
(a) Preventing an escape from the grounds of a youth correction
facility by a person in the custody of the youth authority; and
(b) Going beyond the grounds of a youth correction facility to:
(A) Pursue a person in the custody of the youth authority who is in
the act of escaping from a youth correction facility;
(B) Search for a person in the custody of the youth authority who
is in the act of escaping from a youth correction facility; and
(C) Recapture a person in the custody of the youth authority who is
in the act of escaping from a youth correction facility.
(3) A youth correction officer acting as a peace officer under
subsection (1) of this section retains the authority until the law
enforcement agency that has general jurisdiction over the area in which
the escape or attempted escape took place assumes responsibility for
recapturing the person.
(4) The Oregon Youth Authority shall inform the appropriate law
enforcement agency of the escape or attempted escape of a person in youth
authority custody as soon as is reasonably practicable. [1995 c.422 §9] In accordance with
applicable provisions of ORS chapter 183, the Director of the Oregon
Youth Authority may adopt rules necessary for the administration of the
laws that the Oregon Youth Authority is charged with administering. [1995
c.422 §8] (1) The Oregon Youth
Authority Account is established in the General Fund of the State
Treasury. Except for moneys otherwise designated by statute, all fees,
assessments and other moneys received by the Oregon Youth Authority shall
be paid into the State Treasury and credited to the account. All moneys
in the account are appropriated continuously and shall be used by the
youth authority for purposes authorized by law.
(2) The youth authority shall keep a record of all moneys deposited
in the account. The record shall indicate by separate cumulative accounts
the sources from which the moneys are derived and the individual activity
or program against which each withdrawal is charged.
(3) The Oregon Youth Authority is authorized to accept gifts,
grants and donations from any source to carry out the duties imposed upon
the youth authority. [1995 c.422 §§10,11] (1) Upon written request of the Oregon
Youth Authority, the Oregon Department of Administrative Services shall
establish a revolving fund by drawing warrants on amounts appropriated to
the Oregon Youth Authority for operating expenses. The revolving fund
shall be deposited with the State Treasurer, to be held in a special
account against which the Oregon Youth Authority may draw checks.
(2) The revolving fund established under subsection (1) of this
section may be used by the Oregon Youth Authority to pay expenses of
youth authority operations when it is appropriate to make immediate
payments for goods and services, including advance payments of travel
expenses or emergency payroll draws.
(3) The revolving fund shall be reimbursed by funds drawn as
authorized by law and charged against the appropriate fund or account.
[1995 c.422 §12]The Oregon Youth Authority may deposit money
belonging to youth offenders in a trust account in the State Treasury
separate and distinct from the General Fund. Interest earned by the
account, if any, shall accrue to the benefit of the account. [1995 c.422
§12a]An agency that provides juvenile corrections
programs may enter into an agreement with a tribe for the purposes of
placing a tribal youth offender into a state youth correction facility or
program. The tribe shall pay the agency reasonable expenses associated
with the incarceration and treatment of the youth offender. As used in
this section, “tribe” means a tribe located in Oregon that is recognized
by the United States Secretary of the Interior. [1995 c.422 §131L]Note: 420A.040 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 420A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.YOUTH CORRECTION FACILITIES (1) The Oregon Youth
Authority may establish and operate youth correction facilities. If the
youth authority establishes youth correction facilities, the youth
authority shall site the facilities in accordance with applicable state
and local laws.
(2) Youth correction facilities must be used for the confinement of
youth offenders and others placed in the custody of the youth authority
and for the development of those persons into productive members of
society. [1995 c.422 §13] The Director of the Oregon Youth
Authority may adopt rules necessary to carry out the provisions of ORS
420A.105 to 420A.155. The rules must include but need not be limited to:
(1) Procedures by which youth offenders may apply for transfers
from one level of custody to another; and
(2) Rules applicable to parole of youth offenders. [1995 c.422 §15](1) It is the policy of the State of
Oregon that:
(a) Rules regulating the conduct of youth offenders be based on the
following principles and goals:
(A) Concrete expectations and goals for the conduct of youth
offenders;
(B) Safety of youth correction facility staff, the public, visitors
and youth offenders;
(C) Maintenance of order within youth correction facilities;
(D) Maintenance of a structured environment within youth correction
facilities; and
(E) Maintenance of an atmosphere necessary for effective education,
training, treatment and reform within youth correction facilities.
(b) Dispositions and sanctions for violations of rules regulating
the conduct of youth offenders must be structured to reflect the severity
and frequency of the violations and must be consistently and promptly
imposed.
(2) The Director of the Oregon Youth Authority, upon request, shall
review any disposition that results in the transfer of a youth offender
to a different youth correction facility no later than 72 hours after the
transfer. [1995 c.422 §19]
(1) The Director of the Oregon Youth Authority may authorize the transfer
of a youth offender from one level of custody to another.
(2) Before a transfer under subsection (1) of this section may take
place, the Director of the Oregon Youth Authority shall review the record
of the youth offender and enter an order granting or denying the transfer.
(3) The youth offender subject to a transfer order, or an order
denying transfer, may request a hearing. The request must be in writing
and submitted no later than 10 days after receipt of the order.
(4) In a hearing that would result in the transfer of a youth
offender to a less restrictive setting, the youth offender has the burden
of demonstrating that the transfer is warranted and consistent with ORS
419C.001.
(5) Different levels of custody in youth correction facilities
reflect the differences between the level of security and direct
supervision of the facilities. [1995 c.422 §§14,18] (1) The Director of the Oregon
Youth Authority may authorize any youth offender to go on parole, subject
to conditions of supervision and custody established by the Director of
the Oregon Youth Authority and subject to being taken into custody and
detained under written order of the Director of the Oregon Youth
Authority or as provided in ORS 420A.120.
(2) The Director of the Oregon Youth Authority shall determine
whether violations of conditions of parole have occurred. [1995 c.422 §16] (1)
The Oregon Youth Authority, upon being informed and having reasonable
grounds to believe that a youth offender under the youth authority’s
supervision or control has violated the conditions of parole or other
conditional release from custody, may suspend the youth offender’s parole
or conditional release and order that the youth offender be taken into
custody and detained. The written order of the youth authority is
sufficient warrant for any law enforcement officer to take custody of the
youth offender.
(2) The youth authority shall adopt rules establishing standards
and procedures for revocation of parole and conditional release. The
rules must be consistent with the requirements of due process and other
applicable law.
(3) If the juvenile court has committed a youth offender to the
legal custody of the youth authority and has placed the youth offender on
probation, and the youth authority has probable cause to believe that the
youth offender has violated a condition of probation, the juvenile court,
upon request of the youth authority, may order that the youth offender be
taken into custody as provided in ORS chapter 419C. [1995 c.422 §17; 1997
c.727 §10] (1)
Prior to a youth offender’s release or discharge from a youth correction
facility, the Oregon Youth Authority shall notify the following of the
release or discharge:
(a) Law enforcement agencies in the community in which the youth
offender is going to reside; and
(b) The school district in which the youth offender is going to
reside.
(2) The youth authority shall include in the notification:
(a) The youth offender’s name and date of release or discharge;
(b) The type of placement to which the youth offender is released;
(c) Whether school attendance is a condition of release; and
(d) If the youth offender is a sex offender, as defined in ORS
181.594, all other conditions of release.
(3) The youth authority, a law enforcement agency or anyone
employed by or acting on behalf of the youth authority or law enforcement
agency who sends records under this section is not liable civilly or
criminally for failing to disclose the information under this section.
(4) No later than seven days after a youth offender’s release or
discharge from a youth correction facility, the Department of Education
or its contractor shall provide the youth offender’s education records to
the school district in which the youth offender enrolls. [1999 c.620 §4;
2001 c.884 §7]Note: 420A.122 was added to and made a part of 420A.005 to 420A.155
by legislative action but was not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation.(1) The Oregon Youth Authority shall conduct, or cause to be
conducted, intake assessments when youth offenders and other persons are
initially placed in a youth correction facility.
(2) At the time of the intake assessment, the youth authority shall
provide the person with a copy of the rules of conduct for youth
offenders and other persons in custody in youth correction facilities.
The youth authority shall also provide a youth offender with information
concerning the process for transferring from one level of custody to
another.
(3) An intake assessment shall include the following for each
person:
(a) A physical health evaluation;
(b) If appropriate, a psychiatric evaluation;
(c) A psychological evaluation if a psychological evaluation of the
person has not been done in the six months prior to the person’s
commitment to the youth correction facility;
(d) A drug and alcohol abuse evaluation;
(e) If appropriate, a sex offender evaluation; and
(f) If appropriate, a vocational evaluation.
(4) For a youth offender, the intake assessment must also include
an educational evaluation to be provided by the Department of Education.
The educational evaluation must include evaluations for special education
as required by the Individuals with Disabilities Education Act, 20 U.S.C.
1400 et seq.
(5) Following assessment of a youth offender, the Director of the
Oregon Youth Authority shall prepare, or cause to be prepared, a
reformation plan for the youth offender and make the initial placement of
the youth offender based upon the plan. The director shall base the
placement on:
(a) The evaluations required by subsections (3) and (4) of this
section;
(b) The severity of the conduct engaged in by the youth offender;
(c) The juvenile record of the youth offender; and
(d) The conduct of the youth offender during assessment. [1995
c.422 §20; 1999 c.369 §1] (1) The Oregon Youth
Authority may establish up to five secure regional youth facilities.
(2) A secure regional youth facility shall:
(a) Provide secure incarceration;
(b) Provide education and job and life skills training including,
but not limited to, anger management and self-control; and
(c) Include a drug and alcohol treatment component that meets the
standards promulgated by the Department of Human Services pursuant to ORS
430.357.
(3) The Director of the Oregon Youth Authority is solely
responsible for determining which persons committed to, or placed in the
custody of, the youth authority are eligible to participate in, and are
accepted for placement in, a secure regional youth facility. The juvenile
court may recommend to the Oregon Youth Authority that a youth offender
be placed in a secure regional youth facility, but the recommendation is
not binding on the youth authority. [1995 c.422 §§21,22; 2005 c.271 §4] (1) The Oregon Youth
Authority may establish up to eight regional youth accountability camps.
(2) A regional youth accountability camp shall:
(a) Be based on a military basic training model that includes
discipline, physical work, physical exercise and military drill;
(b) Provide for cognitive restructuring in conformance with
generally accepted rehabilitative standards; and
(c) Include a drug and alcohol treatment component that meets the
standards promulgated by the Department of Human Services pursuant to ORS
430.357.
(3) The youth authority may contract with all of the governing
bodies of the counties in a region to administer cooperatively a regional
youth accountability camp subject to the provisions of ORS 420.011,
420.014, 420A.108 and 420A.111 (5).
(4) The youth authority may contract with any private agency to
administer a regional youth accountability camp subject to the provisions
of ORS 420A.108 and 420A.111 (5). [1995 c.422 §23; 2005 c.271 §5] (1) The
Director of the Oregon Youth Authority is solely responsible for
determining which persons committed to, or placed in the custody of, the
youth authority are eligible to participate in, and are accepted for, a
regional youth accountability camp. The juvenile court may recommend to
the Oregon Youth Authority that a youth offender be placed in a regional
youth accountability camp, but the recommendation is not binding on the
youth authority.
(2) In determining whether to place a person in a regional youth
accountability camp, the Director of the Oregon Youth Authority must find
that the person is physically and mentally able to withstand the rigors
of the program or that the program can be modified to accommodate a
person’s physical or mental limitations. If the Director of the Oregon
Youth Authority determines that a person’s acceptance into a regional
youth accountability camp is consistent with the safety of the community,
the welfare of the person, the objectives of the regional youth
accountability camp and the rules of the youth authority, the Director of
the Oregon Youth Authority may place the person into the program. [1995
c.422 §24] (1) The Oregon Youth
Authority may establish up to four regional residential academies.
(2) A regional residential academy shall:
(a) Provide a secure, closed residential campus;
(b) Provide year-round education, job and life skills training,
vocational training and apprenticeship programs; and
(c) Include a drug and alcohol treatment component that meets the
standards promulgated by the Department of Human Services pursuant to ORS
430.357.
(3) The youth authority may contract with all of the governing
bodies of the counties in a region to administer cooperatively a regional
residential academy subject to the provisions of ORS 420.011, 420.014,
420A.108 and 420A.111 (5).
(4) The youth authority may contract with any private agency to
administer a regional residential academy subject to the provisions of
ORS 420A.108 and 420A.111 (5).
(5) The Director of the Oregon Youth Authority is solely
responsible for determining which persons committed to, or placed in the
physical custody of, the youth authority are eligible to participate in,
and are accepted for, a regional residential academy. The juvenile court
may recommend to the Oregon Youth Authority that a youth offender be
placed in a regional residential academy, but the recommendation is not
binding on the youth authority. [1995 c.422 §§25,26; 2005 c.271 §6]SECOND LOOK (1) A
person may not continue in the legal or physical custody of the Oregon
Youth Authority after the person attains 25 years of age.
(2) Except as otherwise provided in ORS 137.124 and 420.011, when a
person in the physical custody of the Oregon Youth Authority under ORS
137.124 attains 24 years and 11 months of age and if the person will not
complete the term of imprisonment imposed before the person attains 25
years of age, the Oregon Youth Authority shall transfer the person to the
physical custody of the Department of Corrections. [1995 c.422 §52](1)(a) This section and ORS 420A.206 apply only to
persons who were under 18 years of age at the time of the commission of
the offense for which the persons were sentenced to a term of
imprisonment, who committed the offense on or after June 30, 1995, and
who were:
(A) Sentenced to a term of imprisonment of at least 24 months
following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370; or
(B) Sentenced to a term of imprisonment of at least 24 months under
ORS 137.707 (5)(b)(A) or (7)(b).
(b) When a person described in paragraph (a) of this subsection has
served one-half of the sentence imposed, the sentencing court shall
determine what further commitment or disposition is appropriate as
provided in this section. As used in this subsection and subsection (2)
of this section, “sentence imposed” means the total period of mandatory
incarceration imposed for all convictions resulting from a single
prosecution or criminal proceeding not including any reduction in the
sentence under ORS 421.121 or any other statute.
(2)(a) No more than 120 days and not less than 60 days before the
date on which a person has served one-half of the sentence imposed, the
Oregon Youth Authority or the Department of Corrections, whichever has
physical custody of the person, shall file in the sentencing court a
notice and request that the court set a time and place for the hearing
required under this section. The youth authority or department shall
serve the person with a copy of the notice and request for hearing on or
before the date of filing.
(b) Upon receiving the notice and request for a hearing under
paragraph (a) of this subsection, the sentencing court shall schedule a
hearing for a date not more than 30 days after the date on which the
person will have served one-half of the sentence imposed or such later
date as is agreed upon by the parties.
(c) The court shall notify the following of the time and place of
the hearing:
(A) The person and the person’s parents;
(B) The records supervisor of the correctional institution in which
the person is incarcerated; and
(C) The district attorney who prosecuted the case.
(d) The court shall make reasonable efforts to notify the following
of the time and place of the hearing:
(A) The victim and the victim’s parents or legal guardian; and
(B) Any other person who has filed a written request with the court
to be notified of any hearing concerning the transfer, discharge or
release of the person.
(3) In a hearing under this section:
(a) The person and the state are parties to the proceeding.
(b) The person has the right to appear with counsel. If the person
requests that the court appoint counsel and the court determines that the
person is financially eligible for appointed counsel at state expense,
the court shall order that counsel be appointed.
(c) The district attorney represents the state.
(d) The court shall determine admissibility of evidence as if the
hearing were a sentencing proceeding.
(e) The court may consider, when relevant, written reports of the
Oregon Youth Authority, the Department of Corrections and qualified
experts, in addition to the testimony of witnesses. Within a reasonable
time before the hearing, as determined by the court, the person must be
given the opportunity to examine all reports and other documents
concerning the person that the state, the Oregon Youth Authority or the
Department of Corrections intends to submit for consideration by the
court at the hearing.
(f) Except as otherwise provided by law or by order of the court
based on good cause, the person must be given access to the records
maintained in the person’s case by the Oregon Youth Authority and the
Department of Corrections.
(g) The person may examine all of the witnesses called by the
state, may subpoena and call witnesses to testify on the person’s behalf
and may present evidence and argument. The court may permit witnesses to
appear by telephone or other two-way electronic communication device.
(h) The hearing must be recorded.
(i) The hearing and the record of the hearing are open to the
public.
(j) The question to be decided is which of the dispositions
provided in subsection (4) of this section should be ordered in the case.
(k) The person has the burden of proving by clear and convincing
evidence that the person has been rehabilitated and reformed, and if
conditionally released, the person would not be a threat to the safety of
the victim, the victim’s family or the community and that the person
would comply with the release conditions.
(4)(a) At the conclusion of the hearing and after considering and
making findings regarding each of the factors in paragraph (b) of this
subsection, the court shall order one of the following dispositions:
(A) Order that the person serve the entire remainder of the
sentence of imprisonment imposed, taking into account any reduction in
the sentence under ORS 421.121 or any other statute, with the person’s
physical custody determined under ORS 137.124, 420.011 and 420A.200.
(B) Order that the person be conditionally released under ORS
420A.206 at such time as the court may order, if the court finds that the
person:
(i) Has been rehabilitated and reformed;
(ii) Is not a threat to the safety of the victim, the victim’s
family or the community; and
(iii) Will comply with the conditions of release.
(b) In making the determination under this section, the court shall
consider:
(A) The experiences and character of the person before and after
commitment to the Oregon Youth Authority or the Department of Corrections;
(B) The person’s juvenile and criminal records;
(C) The person’s mental, emotional and physical health;
(D) The gravity of the loss, damage or injury caused or attempted,
during or as part of the criminal act for which the person was convicted
and sentenced;
(E) The manner in which the person committed the criminal act for
which the person was convicted and sentenced;
(F) The person’s efforts, participation and progress in
rehabilitation programs since the person’s conviction;
(G) The results of any mental health or substance abuse treatment;
(H) Whether the person demonstrates accountability and
responsibility for past and future conduct;
(I) Whether the person has made and will continue to make
restitution to the victim and the community;
(J) Whether the person will comply with and benefit from all
conditions that will be imposed if the person is conditionally released;
(K) The safety of the victim, the victim’s family and the community;
(L) The recommendations of the district attorney, the Oregon Youth
Authority and the Department of Corrections; and
(M) Any other relevant factors or circumstances raised by the
state, the Oregon Youth Authority, the Department of Corrections or the
person.
(5) The court shall provide copies of its disposition order under
subsection (4) of this section to the parties, to the records supervisor
of the correctional institution in which the person is incarcerated and
to the manager of the institution-based records office of the Department
of Corrections.
(6) The person or the state may appeal an order entered under this
section. On appeal, the appellate court’s review is limited to claims
that:
(a) The disposition is not authorized under this section;
(b) The court failed to comply with the requirements of this
section in imposing the disposition; or
(c) The findings of the court are not supported by substantial
evidence in the record. [1995 c.422 §53; 1997 c.727 §15; 2001 c.962 §99](1)(a) If, after the hearing
required by ORS 420A.203, the court determines that conditional release
is the appropriate disposition, the court shall direct the Department of
Corrections to prepare a proposed release plan. The Department of
Corrections shall submit the release plan no later than 45 days after
completion of the hearing. The Department of Corrections shall
incorporate any conditions recommended by the court and shall consider
any recommendations made by the Oregon Youth Authority. The release plan
submitted to the court must include:
(A) A description of support services and program opportunities
available to the person;
(B) The recommended conditions of the release and supervision;
(C) The level of supervision required;
(D) Conditions or requirements that provide for the safety of the
victim, the victim’s family and the community;
(E) For persons whose sentences include a requirement to make
restitution or to pay compensatory fines or attorney fees and who have
not yet made full payment, a payment schedule;
(F) Any conditions reasonably necessary to further the reform and
rehabilitation of the person and to ensure compliance with the other
conditions imposed; and
(G) Any special conditions necessary because of the person’s
individual circumstances.
(b) If the court does not approve the proposed release plan, the
court shall return the plan to the Department of Corrections with
recommended modifications and additions. The Department of Corrections
shall submit a revised plan to the court no later than 15 days after
receipt of the court’s recommended modifications and additions.
(c) If the court does not approve the revised plan, the court shall
make any changes that the court deems appropriate and prepare the final
release plan. The final release plan must require, in addition to any
other conditions, that the person:
(A) Comply with the conditions of post-release supervision;
(B) Be under the supervision of the Department of Corrections and
its representatives and follow the direction and counsel of the
Department of Corrections and its representatives;
(C) Answer all reasonable inquiries of the court or the supervisory
authority of the Department of Corrections;
(D) Report to the supervision officer as directed by the court or
the supervisory authority of the Department of Corrections;
(E) Not own, possess or be in control of any dangerous weapon or
deadly weapon, as those terms are defined in ORS 161.015, or any
dangerous animal;
(F) Respect and obey all municipal, county, state and federal laws;
(G) Participate in a victim impact treatment program; and
(H) Pay any restitution, compensatory fine or attorney fees ordered
and regularly perform any community service ordered.
(2) When the court has approved a final release plan, the court
shall enter an order conditionally releasing the person. The order of
conditional release shall:
(a) State the conditions of release;
(b) Require the person to comply fully with all of the conditions
of release;
(c) Confirm that the person has been given a copy of the conditions
of release;
(d) Continue the person’s commitment to the legal custody of the
Department of Corrections;
(e) Provide that the Department of Corrections or its designee
shall supervise the person;
(f) Provide that the period of supervision is the entire remainder
of the sentence of imprisonment imposed, taking into account any
reduction in the sentence under ORS 421.121 or any other statute, unless
the conditional release is revoked or suspended; and
(g) Require that the Department of Corrections or its designee
submit a report to the court no later than 90 days after the person is
conditionally released and at least every 180 days thereafter informing
the court of the person’s circumstances and progress on conditional
release.
(3)(a) A person conditionally released under this section remains
within the jurisdiction of the sentencing court for the period of the
conditional release.
(b) At any time after the entry of an order of conditional release,
the court, on its own motion or on motion of the Department of
Corrections, may amend the conditional release order to modify the
conditions of the person’s release and supervision, providing that the
modifications are consistent with the requirements for conditions of
release in subsections (1) and (2) of this section. Before entering an
amended order under this paragraph, the court shall provide the
Department of Corrections and the person with a reasonable amount of time
to comment on the proposed modifications. The court shall serve the
Department of Corrections and the person with a copy of the amended order
at least 15 days before the order takes effect.
(c) The Department of Corrections and the supervisory authority may
adjust the level of the person’s supervision as is appropriate to the
person’s progress and conduct in the community.
(4)(a) If an officer of the Department of Corrections or the
supervisory authority or a law enforcement officer has reasonable grounds
to believe that a person released under this section has violated a
condition of the release, the officer may take the person into custody
and detain the person pending a hearing on the alleged violation as
provided in paragraph (c) of this subsection. No later than 24 hours
after a person is taken into custody under this subsection, the
Department of Corrections or the supervisory authority shall file a
notice and affidavit with the court as provided in paragraph (b) of this
subsection and serve a copy of the notice and affidavit on the person.
(b) When a notice and affidavit is filed under paragraph (a) of
this subsection and if the court finds that the notice and affidavit
state reasonable grounds to believe the person has violated a condition
of the release, the court shall issue an order that the person appear and
show cause why the conditional release should not be revoked or suspended
as a sanction for the alleged violation. When a court issues an order
under this paragraph, the court shall:
(A) Serve a copy of the order to show cause on the person and the
district attorney; and
(B) Provide the person with written notice containing the following
information:
(i) The time, place and purpose of the hearing;
(ii) That the person has the right to have adverse witnesses
present at the hearing for purpose of confrontation and cross-examination
unless the court determines that good cause exists for not permitting
confrontation;
(iii) That the person has the right to subpoena witnesses and
present documentary evidence and testimony of witnesses;
(iv) That the person has the right to be represented by counsel
and, if financially eligible, to have counsel appointed at state expense
as provided in paragraph (d) of this subsection; and
(v) The possible sanction authorized if the court determines that
the person has violated the conditions of release.
(c) The court shall hold the hearing no more than 15 days after
issuing the order to appear and show cause. The court may order the
person to be detained pending the hearing and disposition.
(d) In a hearing under this subsection:
(A) The person has the right to be represented by counsel and, if
financially eligible, to have counsel appointed at state expense if the
court determines, after request, that the request is based on a timely
and colorable claim that:
(i) The person has not committed the alleged violation of the
release conditions;
(ii) Even if the violation is a matter of public record or is
uncontested, there are substantial reasons that justify or mitigate the
violation and make revocation inappropriate and the reasons are complex
or otherwise difficult to develop or present; or
(iii) The person, in doubtful cases, appears to be incapable of
speaking effectively on the person’s own behalf;
(B) The Department of Corrections or the supervisory authority has
the burden of proving the alleged violation by a preponderance of the
evidence;
(C) The state is a party and is represented by the district
attorney;
(D) The standards for the introduction and admissibility of
evidence in contested case hearings under ORS 183.450 (1) and (2) apply
in the hearing;
(E) If the court finds that the person has violated the conditions
of release and that subsection (5) of this section does not apply, the
person has the burden of establishing good cause why the conditional
release should not be revoked or suspended; and
(F) At the conclusion of the hearing, the court shall enter an
order containing findings of fact and, if the court finds that the person
violated a condition of release, stating what sanctions are imposed.
(e) Except as provided in subsection (5) of this section, when the
court finds that the person has violated a condition of release, the
court shall impose one or more of the following sanctions:
(A) Adjustments to the level of supervision;
(B) Modifications of the conditions of release;
(C) Any appropriate available local sanctions including, but not
limited to, community service work, house arrest, electronic
surveillance, restitution centers, work release centers or day centers;
(D) Suspension of conditional release for up to 180 days; or
(E) Revocation of conditional release.
(5) At the conclusion of the hearing, the court shall revoke the
person’s conditional release and order the person committed to the
physical custody of the Department of Corrections to be confined for the
entire remainder of the sentence of imprisonment imposed, taking into
account any reduction in the sentence under ORS 421.121 or any other
statute, if the court finds that:
(a) The person has been convicted of a new criminal offense;
(b) The person has violated the condition prohibiting ownership,
possession or control of a dangerous weapon or deadly weapon, as those
terms are defined in ORS 161.015, or a dangerous animal; or
(c) The person’s conditional release has been suspended twice under
this section within the past 18 months.
(6)(a) The state, the Department of Corrections or the person may
appeal from an order of conditional release under this section. The
appellate court’s review is limited to claims that the court failed to
comply with the requirements of law in ordering the conditional release.
(b) The state, the Department of Corrections or the person may
appeal from an order of the court entered under subsection (4) or (5) of
this section. The appellate court’s review is limited to claims that:
(A) The disposition is not authorized under this section;
(B) The court failed to comply with the requirements of law; and
(C) The finding of the court that the person did or did not violate
a condition of release is not supported by substantial evidence in the
record. [1995 c.422 §56; 1997 c.727 §16; 2001 c.962 §92]MISCELLANEOUS PROVISIONS(1) The Oregon Youth Authority may audit, allow and pay
a claim for damage to property made by an employee from funds
appropriated to the youth authority if:
(a) The damage to property arises out of the employee’s employment
at one of the institutions or facilities operated by the youth authority;
and
(b) The employee files a written claim with the employee’s employer
within 180 days after the employee discovers or should have discovered
the damage.
(2) No claim under subsection (1) of this section shall be paid:
(a) That exceeds, in the aggregate with payments of other claims,
the moneys appropriated for such purpose.
(b) To the extent that the person incurring damage has been or may
be compensated by liability insurance or otherwise.
(c) If the youth authority determines the cause or occasion of the
accident resulting in damage is chargeable to the conduct or negligence
of the person damaged.
(3) The decision of the youth authority to reject any claim filed
under this section is final and is not subject to review under ORS
chapter 183 or by any other agency or court. The provisions of this
section do not affect any other remedy that may be available to the
claimant under law.
(4)(a) If any person owes a debt to this state or a state agency,
and the debt has been fixed by final judgment of a court of competent
jurisdiction or is no longer subject to judicial review, the youth
authority shall deduct the amount of the debt from any award made to that
person under this section.
(b) The youth authority shall request the State Treasurer to
transfer to the appropriate fund or account to which the debt is owed, an
amount equal to the amount deducted from the award under paragraph (a) of
this subsection, for use during that biennium in accordance with law by
the state agency administering the fund or account to which the debt is
owed. The State Treasurer shall evidence the transfer by proper
bookkeeping entries. If the youth authority or State Treasurer cannot
determine the appropriate fund or account, the amount shall be
transferred to the General Fund for general governmental purposes.
(c) Any debt owed by a person to this state or a state agency is
satisfied, upon the completion of a transfer made pursuant to paragraph
(b) of this subsection, to the extent of the amount so transferred. [1999
c.905 §10]
(1) The Juvenile Justice Information System, an electronic information
system administered by the state through the Oregon Youth Authority, is
established. The youth authority shall adopt rules governing the
administration of the Juvenile Justice Information System including, but
not limited to:
(a) Confidentiality of information;
(b) State and county roles and costs; and
(c) County reporting requirements.
(2) The youth authority shall develop and administer the Juvenile
Justice Information System according to the Criminal Justice Information
Standards program established under ORS 181.715.
(3) Counties shall provide the youth authority with required data
elements in the format required by the rules of the youth authority at no
cost to the state. [1999 c.595 §1]
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