77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3275

                         House Bill 3195

Sponsored by JOINT COMMITTEE ON PUBLIC SAFETY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies sentences imposed for certain controlled substance
offenses.
  Modifies sentence imposed for felony driving while suspended.
  Authorizes offenders supervised by local supervisory authority
to obtain reduction in term of supervision under certain
circumstances. Modifies baseline for purposes of determining
amount of community corrections grants.
  Requires supervisory authority to impose special conditions of
probation when person sentenced to probation for felony.
  Requires public bodies to use statutory definition of '
recidivism' when evaluating rate at which persons convicted of
crime reoffend.
  Directs Oregon Criminal Justice Commission to adopt rules
applicable to specialty courts.
  Requires Oregon Department of Administrative Services to
include margin of error and certain explanatory information in
corrections population forecasts.
  Directs Legislative Fiscal Office to evaluate, or contract to
evaluate, offender reentry and rehabilitation programs. Prohibits
public bodies from funding programs that office determines are
ineffective. Appropriates moneys to office for biennium beginning
July 1, 2013, for purposes of evaluations.
  Modifies requirements for fiscal impact statements prepared for
proposed criminal laws.
  Establishes Task Force on Corrections Cost Reductions.
  Establishes Task Force on Public Safety Oversight to review
provisions of Act.
  Establishes grant program for counties that provide
supervision-related services to certain offenders. Appropriates
moneys to Oregon Criminal Justice Commission for biennium
beginning July 1, 2013, for purposes of program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 137.540,
  173.029, 184.351, 423.483, 475.900, 475.924, 475.925 and
  811.182; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
I. CONTROLLED SUBSTANCES + }
  SECTION 1. ORS 475.900 is amended to read:
  475.900. (1)  { + Except as provided in subsections (3) and (4)
of this section, + } a violation of ORS 475.752, 475.806 to
475.894, 475.904 or 475.906 shall be classified as crime category
8 of the sentencing guidelines grid of the Oregon Criminal
Justice Commission if:
  (a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
  (A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
  (B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
  (C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers or salts
of its isomers;
    { - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
    { - (E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
    { - (F) - }   { + (D) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
    { - (G) - }   { + (E) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin;   { - or - }
    { - (H) - }   { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
  (i) 3,4-methylenedioxyamphetamine;
  (ii) 3,4-methylenedioxymethamphetamine; or
  (iii) 3,4-methylenedioxy-N-ethylamphetamine  { - . - }  { + ;
or
  (G) ___ grams or more or ___ or more pills, tablets or capsules
of a mixture or substance containing a detectable amount of
oxycodone, hydrocodone or methadone. + }
  (b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a commercial drug offense. A
possession, delivery or manufacture is a commercial drug offense
for purposes of this subsection if it is accompanied by at least
three of the following factors:
  (A) The delivery was of heroin, cocaine, hashish, marijuana,
methamphetamine, lysergic acid diethylamide, psilocybin
 { - or - }  { + , + } psilocin { + , oxycodone, hydrocodone or
methadone + } and was for consideration;
  (B) The offender was in possession of $300 or more in cash;
  (C) The offender was unlawfully in possession of a firearm or
other weapon as described in ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 for the purpose of using it in connection
with a controlled substance offense;
  (D) The offender was in possession of materials being used for
the packaging of controlled substances such as scales, wrapping
or foil, other than the material being used to contain the
substance that is the subject of the offense;
  (E) The offender was in possession of drug transaction records
or customer lists;
  (F) The offender was in possession of stolen property;
  (G) Modification of structures by painting, wiring, plumbing or
lighting to facilitate a controlled substance offense;

  (H) The offender was in possession of manufacturing
paraphernalia, including recipes, precursor chemicals, laboratory
equipment, lighting, ventilating or power generating equipment;
  (I) The offender was using public lands for the manufacture of
controlled substances;
  (J) The offender had constructed fortifications or had taken
security measures with the potential of injuring persons; or
  (K) The offender was in possession of controlled substances in
an amount greater than:
  (i) Three grams or more of a mixture or substance containing a
detectable amount of heroin;
  (ii) Eight grams or more of a mixture or substance containing a
detectable amount of cocaine;
  (iii) Eight grams or more of a mixture or substance containing
a detectable amount of methamphetamine;
  (iv) Eight grams or more of a mixture or substance containing a
detectable amount of hashish;
  (v) One hundred ten grams or more of a mixture or substance
containing a detectable amount of marijuana;
  (vi) Twenty or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
  (vii) Ten grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin;   { - or - }
  (viii) Four grams or more or 20 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of:
  (I) 3,4-methylenedioxyamphetamine;
  (II) 3,4-methylenedioxymethamphetamine; or
  (III) 3,4-methylenedioxy-N-ethylamphetamine  { - . - }  { + ;
or
  (ix) ___ grams or more or ___ or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of oxycodone, hydrocodone or methadone. + }
  (c) The violation constitutes a violation of ORS 475.848,
475.852, 475.858, 475.862, 475.868, 475.872, 475.878, 475.882,
475.888, 475.892 or 475.904.
  (d) The violation constitutes manufacturing methamphetamine and
the manufacturing consists of:
  (A) A chemical reaction involving one or more precursor
substances for the purpose of manufacturing methamphetamine; or
  (B) Grinding, soaking or otherwise breaking down a precursor
substance for the purpose of manufacturing methamphetamine.
  (e) The violation constitutes a violation of ORS 475.860 (4)(a)
or 475.906 (1) or (2).
  (2)  { + Except as provided in subsections (3) and (4) of this
section, + } a violation of ORS 475.752 or 475.806 to 475.894
shall be classified as crime category 6 of the sentencing
guidelines grid of the Oregon Criminal Justice Commission if:
  (a) The violation constitutes delivery of heroin, cocaine,
methamphetamine or 3,4-methylenedioxyamphetamine,
3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
  (b) The violation constitutes possession of:
  (A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
  (B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
  (C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
    { - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
    { - (E) One hundred fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
    { - (F) - }   { + (D) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
    { - (G) - }   { + (E) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin;   { - or - }
    { - (H) - }   { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
  (i) 3,4-methylenedioxyamphetamine;
  (ii) 3,4-methylenedioxymethamphetamine; or
  (iii) 3,4-methylenedioxy-N-ethylamphetamine  { - . - }  { + ;
or
  (G) ___ grams or more or ___ or more pills, tablets or capsules
of a mixture or substance containing a detectable amount of
oxycodone, hydrocodone or methadone.
  (3) Any felony violation of ORS 475.856, 475.860 or 475.864
shall be classified as:
  (a) Crime category 10 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves:
  (A) More than 50,000 grams of a substance or mixture containing
a detectable amount of marijuana; or
  (B) More than 500 mature marijuana plants, seedlings or starts;
  (b) Crime category 9 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves:
  (A) More than 20,000 grams, and not more than 50,000 grams, of
a substance or mixture containing a detectable amount of
marijuana; or
  (B) More than 200, but not more than 500, mature marijuana
plants, seedlings or starts;
  (c) Crime category 8 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves:
  (A) More than 5,000 grams, and not more than 20,000 grams, of a
substance or mixture containing a detectable amount of marijuana;
or
  (B) More than 50, but not more than 200, mature marijuana
plants, seedlings or starts;
  (d) Crime category 6 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves:
  (A) More than 1,000 grams, and not more than 5,000 grams, of a
substance or mixture containing a detectable amount of marijuana;
or
  (B) More than 10, but not more than 50, mature marijuana
plants, seedlings or starts; or
  (e) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves:
  (A) One thousand grams or less of a substance or mixture
containing a detectable amount of marijuana; or
  (B) Ten or fewer mature marijuana plants, seedlings or
starts. + }
    { - (3) - }   { + (4) + } Any felony violation of ORS 475.752
or 475.806 to 475.894 not contained in subsection (1)
 { - or - }  { + , + } (2)  { + or (3) + } of this section shall
be classified as:
  (a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
  (b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
    { - (4) - }   { + (5) + } In order to prove a commercial drug
offense, the state shall plead in the accusatory instrument
sufficient factors of a commercial drug offense under subsections
(1) and (2) of this section. The state has the burden of proving
each factor beyond a reasonable doubt.
    { - (5) - }   { + (6) + } As used in this section, 'mixture
or substance ' means any mixture or substance, whether or not the
mixture or substance is in an ingestible or marketable form at
the time of the offense.
  SECTION 2. ORS 475.924 is amended to read:
  475.924. As used in  { + this section and + } ORS 164.061,
475.907  { - , 475.924 - }  and 475.925:
  (1) 'Controlled substance' means:
  (a) Cocaine;
  (b) Methamphetamine;
  (c) Heroin;   { - or - }
   { +  (d) Oxycodone; or + }
    { - (d) - }   { + (e) + } Ecstasy.
  (2) 'Ecstasy' means:
  (a) 3,4-methylenedioxymethamphetamine;
  (b) 3,4-methylenedioxyamphetamine; or
  (c) 3,4-methylenedioxy-N-ethylamphetamine.
  (3) 'Mixture or substance' means any mixture or substance,
whether or not the mixture or substance is in an ingestible or
marketable form at the time of the offense.
   { +  (4) 'Serious physical injury' has the meaning given that
term in ORS 161.015. + }
  SECTION 3. ORS 475.925 is amended to read:
  475.925. When a person is convicted of the unlawful delivery or
manufacture of a controlled substance, the court shall sentence
the person to a term of incarceration ranging from:
  (1) 58 months to 130 months, depending on the person's criminal
history, if { + :
  (a) + } The delivery or manufacture involves:
    { - (a) - }   { + (A) + } 500 grams or more of a mixture or
substance containing a detectable amount of cocaine;
    { - (b) - }   { + (B) + } 500 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers or salts of its isomers;
    { - (c) - }   { + (C) + } 100 grams or more of a mixture or
substance containing a detectable amount of heroin; or
    { - (d) - }   { + (D) + } 100 grams or more or 500 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of ecstasy  { - . - }  { + ; or
  (b) The controlled substance delivered or manufactured is
heroin or oxycodone and a person who uses the heroin or oxycodone
dies as a result of that use. + }
  (2) 34 months to 72 months, depending on the person's criminal
history, if { + :
  (a) + } The delivery or manufacture involves:
    { - (a) - }   { + (A) + } 100 grams or more of a mixture or
substance containing a detectable amount of cocaine;
    { - (b) - }   { + (B) + } 100 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers or salts of its isomers;
    { - (c) - }   { + (C) + } 50 grams or more of a mixture or
substance containing a detectable amount of heroin; or
    { - (d) - }   { + (D) + } 50 grams or more or 250 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of ecstasy  { - . - }  { + ; or
  (b) The controlled substance delivered or manufactured is
heroin or oxycodone and a person who uses the heroin or oxycodone
sustains a serious physical injury as a result of that use. + }
  SECTION 4.  { + The amendments to ORS 475.900, 475.924 and
475.925 by sections 1 to 3 of this 2013 Act apply to crimes
committed on or after the effective date of this 2013 Act. + }

                               { +
II. DRIVING WHILE SUSPENDED + }

  SECTION 5. ORS 811.182 is amended to read:
  811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
  (2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
  (3) The offense described in this section, criminal driving
while suspended or revoked, is a Class B felony if the suspension
or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide or aggravated driving
while suspended or revoked or if the revocation resulted from a
conviction for felony driving while under the influence of
intoxicants.
  (4) The offense described in this section, criminal driving
while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
  (a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
  (b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
  (c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
  (A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
  (B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
  (C) Any amount if the person was under 21 years of age.
  (d) A suspension of a commercial driver license under ORS
809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor
vehicle.
  (e) A suspension of a commercial driver license under ORS
809.413 (12) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
  (f) A suspension of a commercial driver license under ORS
809.404.
  (g) A revocation resulting from habitual offender status under
ORS 809.640.
  (h) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
  (i) A suspension for failure to perform the duties of a driver
under ORS 811.705.
  (j) A suspension for reckless driving under ORS 811.140.
  (k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
  (L) A suspension or revocation resulting from misdemeanor
driving while under the influence of intoxicants under ORS
813.010.
  (m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
  (5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and
the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a minimum fine
of at least $1,000 if it is the person's first conviction for
criminal driving while suspended or revoked and a minimum fine of
at least $2,000 if it is the person's second or subsequent
conviction.
  (6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category
 { - 6 - }  { +  4 + } of the rules of the Oregon Criminal
Justice Commission.
  SECTION 6.  { + The amendments to the rules of the Oregon
Criminal Justice Commission required by the amendments to ORS
811.182 by section 5 of this 2013 Act apply to crimes committed
on or after the effective date of this 2013 Act. + }

                               { +
III. EARNED DISCHARGE + }

  SECTION 7.  { + (1) A person sentenced to felony probation or
the legal and physical custody of the supervisory authority under
ORS 137.124 (2) is eligible for a reduction in the period of
supervision for:
  (a) Complying with the terms of supervision, including the
payment of restitution; and
  (b) Participating in recidivism reduction programs.
  (2) The maximum amount of time credits earned under this
section may not exceed 50 percent of the period of supervision
imposed.
  (3) Time credits may not be used to shorten the period of
supervision to less than six months.
  (4)(a) The Department of Corrections shall adopt rules to
establish a process for granting, retracting and restoring time
credits earned under this section.
  (b) The supervisory authority shall comply with the rules
adopted under this section. + }
  SECTION 8.  { + Section 7 of this 2013 Act applies to crimes
committed on or after the effective date of this 2013 Act. + }
  SECTION 9. ORS 423.483 is amended to read:
  423.483. (1) The baseline funding for biennia beginning after
June 30, 1999, is the current service level for the expenses of
providing management, support services, supervision and sanctions
for offenders described in ORS 423.478 (2). At a minimum, each
biennium's appropriation must be established at this baseline.
  (2) If the total state community corrections appropriation is
less than the baseline calculated under subsection (1) of this
section, a county may discontinue participation by written
notification to the director 180 days prior to implementation of
the change. If a county discontinues participation, the
responsibility for correctional services transferred to the
county, and the portion of funding made available to the county
under ORS 423.530 reverts to the Department of Corrections. In no
case does responsibility for supervision and provision of
correctional services to misdemeanor offenders revert to the
department.
  (3) As used in this section, 'current service level' means the
calculated cost of continuing current legislatively funded
programs, phased in programs and increased caseloads minus
one-time costs, decreased caseloads, phased out programs and
pilot programs with the remainder adjusted for inflation as
determined by the Legislative Assembly in its biennial
appropriation to the Department of Corrections.  { + Caseloads
under this subsection shall be determined by reference to the
number of offenders who are sentenced to the legal and physical
custody of the supervisory authority under ORS 137.124 (2). + }
  SECTION 10.  { + The amendments to ORS 423.483 by section 9 of
this 2013 Act become operative on July 1, 2013. + }

                               { +
IV. SUPERVISION CONDITIONS + }

  SECTION 11. ORS 137.540 is amended to read:
  137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
  (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
  (b) Not use or possess controlled substances except pursuant to
a medical prescription.
  (c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
  (d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
  (e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
  (f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
  (g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
  (h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
  (i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
  (j) Obey all laws, municipal, county, state and federal.
  (k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
  (L) Not possess weapons, firearms or dangerous animals.
  (m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
  (A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
  (B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
  (C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
  (n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
  (o) Report as required and abide by the direction of the
supervising officer.
  (p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a city police
department, a county sheriff's office or the supervising agency:
  (A) When supervision begins;
  (B) Within 10 days of a change in residence;
  (C) Once each year within 10 days of the probationer's date of
birth;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (2) In addition to the general conditions  { - , - }  { + :
  (a) When the court sentences a person convicted of a
misdemeanor to probation, + } the court may impose   { - any - }
special conditions of probation   { - that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall: - }
    { - (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, - }  { + ,
including that the probationer + } be confined to the county jail
or be restricted to the probationer's own residence or to the
premises thereof, or be subject to any combination of such
confinement and restriction, such confinement or restriction or
combination thereof to be for a period not to exceed one year or
one-half of the maximum period of confinement that could be
imposed for the offense for which the defendant is convicted,
whichever is the lesser.
  (b)   { - For felonies committed on or after November 1,
1989, - }  { + When the court sentences a person convicted of a
felony to probation, the court:
  (A) Shall order that the probationer submit to risk and needs
assessments at the direction of the supervising officer or
agency, no later than 72 hours after the sentence is imposed;
  (B) Shall order that the probationer be subject to any special
conditions of probation imposed by the supervising officer or
agency;
  (C) May order that the probationer + } be confined in the
county jail, or be subject to other custodial sanctions under
community supervision, or both, as provided by rules of the
Oregon Criminal Justice Commission  { - . - }  { + ; and + }
    { - (c) - }   { + (D) + }   { - For crimes committed on or
after December 5, 1996, - }   { + May order that the
probationer + } sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
   { +  (3)(a) Special conditions of probation imposed under this
section must be reasonably related to the crime of conviction or
the needs of the probationer for the protection of the public or
reformation of the probationer, or both.
  (b) When the supervising officer or agency imposes special
conditions of probation under this section, the supervising
officer or agency shall:
  (A) File the special conditions with the court no later than
five judicial days after the sentence is imposed; and
  (B) Provide a written copy of the conditions to the probationer
as soon as practicable. + }
    { - (3) - }   { + (4) + } When a person who is a sex offender
is released on probation, the court shall impose as a
 { - special - }   { + general + } condition of probation that
the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision
resides, without the approval of the person's supervising parole
and probation officer, or in which more than one other sex
offender who is on probation, parole or post-prison supervision
resides, without the approval of the director of the probation
agency that is supervising the person or of the county manager of
the Department of Corrections, or a designee of the director or
manager. As soon as practicable, the supervising parole and
probation officer of a person subject to the requirements of this
subsection shall review the person's living arrangement with the
person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and
community safety. As used in this subsection:
  (a) 'Dwelling' has the meaning given that term in ORS 469B.100.
  (b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
  (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (d) 'Sex offender' has the meaning given that term in ORS
181.594.
    { - (4)(a) - }   { + (5)(a) + } If the person is released on
probation following conviction of a sex crime, as defined in ORS
181.594, or an assault, as defined in ORS 163.175 or 163.185, and
the victim was under 18 years of age, the court, if requested by
the victim, shall include as a   { - special - }
 { + general + } condition of the person's probation that the
person not reside within three miles of the victim unless:
  (A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
  (B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
  (C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
  (D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (b) A victim may request imposition of the   { - special - }
 { + general + } condition of probation described in this
subsection at the time of sentencing in person or through the
prosecuting attorney.
  (c) If the court imposes the   { - special - }
 { + general + } condition of probation described in this
subsection and if at any time during the period of probation the
victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change
the probationer's residence in order to comply with the special
condition of probation.
    { - (5) - }   { + (6) + } When a person who is a sex
offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections
agency, whichever is appropriate, shall notify the city police
department, if the person is going to reside within a city, and
the county sheriff's office of the county in which the person is
going to reside of the person's release and the conditions of the
person's release.
    { - (6) - }   { + (7) + } Failure to abide by all general and
special conditions   { - imposed by the court and supervised by
the Department of Corrections or a county community corrections
agency - }  { +  of probation + } may result in arrest,
modification of conditions, revocation of probation or imposition
of structured, intermediate sanctions in accordance with rules
adopted under ORS 137.595.
    { - (7) - }   { + (8) When a person is convicted of a
misdemeanor,  + }the court may order that probation be supervised
by the court. If the court orders that probation be supervised by
the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
imposed in a justice court under this subsection shall be paid to
the county treasurer.  Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer.
    { - (8) - }   { + (9) + } The court may at any time modify
the  { + general + } conditions of probation.
    { - (9) - }   { + (10) + } A court may not order revocation
of probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
    { - (10) - }   { + (11) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
    { - (11) - }   { + (12) + } If the court determines that a
defendant has violated the terms of probation, the court shall
collect a $25 fee from the defendant. The fee becomes part of the
judgment and may be collected in the same manner as a fine. Fees
collected under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
collected in a justice court under this subsection shall be paid
to the county treasurer. Fees collected in a municipal court
under this subsection shall be paid to the city treasurer.
    { - (12) - }   { + (13) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
  SECTION 12.  { + The amendments to ORS 137.540 by section 11 of
this 2013 Act apply to crimes committed on or after the effective
date of this 2013 Act. + }

                               { +
V. DEFINITION OF RECIDIVISM + }

  SECTION 13.  { + (1) As used in this section, 'recidivism'
means the arrest, conviction or incarceration of a person who has
previously been convicted of a crime, if the arrest, conviction
or incarceration occurs:
  (a) Three years or less after the date the person was convicted
of the previous crime; or
  (b) Three years or less after the date the person was released
from custody, if the person was incarcerated as a result of the
conviction for the previous crime.
  (2) When the Oregon Department of Administrative Services, the
Department of Corrections, the Oregon Criminal Justice Commission
or any other public body as defined in ORS 174.109 conducts a
statistical evaluation of the rate at which persons convicted of
a crime subsequently commit additional crimes, the public body
shall include an evaluation of recidivism. + }

                               { +
VI. SPECIALTY COURT STANDARDS + }

  SECTION 14.  { + (1) As used in this section, 'specialty courts
' means drug court programs as defined in ORS 3.450, veterans'
courts, mental health courts and any other court or docketing
system designed to adjudicate criminal actions involving an
identified classification of criminal defendants.
  (2) After consulting with the Judicial Department, the Oregon
Criminal Justice Commission shall adopt rules applicable to
specialty courts. The rules must be aligned with best practices,
targeting medium and high risk and high needs offenders, and
designed to reduce recidivism in a cost-effective manner. The
commission shall review the rules no less than once each biennium
to ensure that the rules incorporate the most recent research in
the field. + }

                               { +
VII. CORRECTIONAL FORECASTS + }

  SECTION 15. ORS 184.351 is amended to read:
  184.351. (1) The Oregon Department of Administrative Services
shall issue state corrections population forecasts including, but
not limited to, expected populations of prisons and jails and
community corrections caseloads, to be used by:
  (a) The Department of Corrections in preparing budget requests;
  (b) The Oregon Criminal Justice Commission in considering
amendments to sentencing guidelines; and
  (c) Any other state agency concerned with the effect of
offender populations or policy developments on budgeting.
  (2) The Oregon Department of Administrative Services shall
issue state corrections population forecasts on April 1 and
October 1 of each year.
   { +  (3) When the Oregon Department of Administrative Services
issues a state corrections population forecast, the forecast
must, whenever possible:
  (a) Identify the forecast's margin of error; and
  (b) Attribute growth or decline in the forecast, relative to
the previously issued forecast, to specific policies or to
specific components of the baseline underlying the forecast.
  (4) As used in this section, 'baseline underlying the forecast'
includes population demographics and crime trends. + }

                               { +
VIII. PROGRAM EVALUATION + }

  SECTION 16.  { + (1) The Legislative Fiscal Office shall
periodically evaluate, or periodically contract with private
parties to evaluate, the effectiveness of offender reentry and
rehabilitation programs, utilizing randomized controlled trials,
whenever possible.
  (2) The Legislative Fiscal Office shall maintain a registry of
offender reentry and rehabilitations programs operated throughout
this state. For offender reentry and rehabilitation programs that
have been evaluated as described in subsection (1) of this
section, the office shall include in the registry the results of
the evaluation.
  (3) Not less than once per biennium, the Legislative Fiscal
Office shall submit to the Legislative Assembly in the manner
provided in ORS 192.245 a report that includes the registry
described in subsection (2) of this section.
  (4) If the Legislative Fiscal Office determines that an
offender reentry and rehabilitation program is ineffective and is
likely to remain ineffective:
  (a) A public body as defined in ORS 174.109 may not expend
state or local funds to support the program; and
  (b) The Legislative Fiscal Officer shall take all actions
necessary to ensure that state funds are not utilized to support
the program. + }
  SECTION 17.  { + There is appropriated to the Legislative
Fiscal Office, for the biennium beginning July 1, 2013, out of
the General Fund, the amount of $___ for the purpose of carrying
out the provisions of section 16 of this 2013 Act. + }

                               { +
IX. FISCAL IMPACT NOTES + }

  SECTION 18. ORS 173.029 is amended to read:
  173.029. (1) For any measure reported out of a committee of the
Legislative Assembly { + , + } the effect of which is to create a
new crime   { - or - }  { + , + } increase the period of
incarceration allowed or required for an existing crime { +  or
otherwise modify sentencing or state corrections policies + },
the Legislative Fiscal Officer, with the aid of the Oregon
Department of Administrative Services, Legislative Revenue
Officer, state agencies and affected local governmental units,
shall prepare a fiscal impact statement describing the fiscal
impact that the measure would, if enacted, have on the state as
well as on local governmental units.
  (2) In particular and to the extent practicable, the
Legislative Fiscal Officer shall determine and describe in the
statement the following:
  (a) The fiscal impact on state and local law enforcement
agencies, including an estimate of the increase in anticipated
number of arrests annually;
  (b) The fiscal impact on state and local courts, including an
estimate of the increase in the anticipated number of trials
annually;
  (c) The fiscal impact on district attorney offices, including
an estimate of the increase in the anticipated number of
prosecutions annually;
  (d) The fiscal impact on public defense resources, including an
estimate of the increase in the anticipated number of cases
annually; and
  (e) The fiscal impact on state and local corrections resources,
including resources supporting parole and probation supervision,
and also including an estimate of the increase in the anticipated
number of bed-days to be used annually at both the state and
local level as a result of the passage of the measure.
   { +  (3) The fiscal impact statement required under this
section must describe the fiscal impact the measure would, if
enacted, have on the state as well as on local governmental units
for a period of 10 years, beginning on the effective date of the
measure.
  (4) A state agency that prepares and submits to the Legislative
Fiscal Officer fiscal impact statements or related fiscal
information applicable to a measure introduced before the
Legislative Assembly, the effect of which is to create a new
crime, increase the period of incarceration allowed or required
for an existing crime or otherwise modify sentencing or state
corrections policies, shall describe the fiscal impact the
measure would have on the state agency for a period of 10 years
beginning on the effective date of the measure. + }
  SECTION 19.  { + The amendments to ORS 173.029 by section 18 of
this 2013 Act become operative on January 1, 2014. + }

                               { +
X. CORRECTIONS COST REDUCTIONS + }

  SECTION 20.  { + (1) The Task Force on Corrections Cost
Reductions is established, consisting of five members appointed
as follows:
  (a) The President of the Senate shall appoint a county sheriff.
  (b) The Speaker of the House of Representatives shall appoint a
county sheriff.
  (c) The Chief Justice of the Supreme Court shall appoint a
judge.
  (d) The Governor shall appoint a member of a labor organization
that represents corrections officers.
  (e) The Director of the Department of Corrections, who shall
chair the task force.
  (2) The task force shall:
  (a) Establish a clear, consistent protocol to calculate daily
bed costs in Department of Corrections institutions.
  (b) Not later than January 1 of each year, report daily bed
costs in Department of Corrections institutions to the
Legislative Assembly in the manner provided in ORS 192.245.
  (c) Develop management strategies to reduce daily bed costs by
five percent during the biennium beginning July 1, 2013, and to
ensure that these costs increase at a rate not greater than the
average cost of inflation, for the following 10-year period.
  (d) Examine all available strategies to contain costs in the
Department of Corrections, other than the use of private prisons.
  (3) The task force may hire independent, private sector
consultants to assist the task force with the development of
strategies described in subsection (2)(d) of this section.
  (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (5) Official action by the task force requires the approval of
a majority of the members of the task force.
  (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
  (8) The task force may adopt rules necessary for the operation
of the task force.
  (9) The Department of Corrections shall provide staff support
to the task force.
  (10) Members of the task force are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for expenses shall be paid out of funds
appropriated to the Department of Corrections for purposes of the
task force.
  (11) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }

                               { +
XI. OVERSIGHT ENTITY + }

  SECTION 21.  { + (1) The Task Force on Public Safety Oversight
is established, consisting of 11 members appointed as follows:
  (a) The President of the Senate shall appoint two members from
among members of the Senate.
  (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
  (c) The Chief Justice of the Supreme Court shall appoint two
members who are judges.
  (d) The Governor shall appoint four members as follows:
  (A) One member shall be a district attorney.
  (B) One member shall be a criminal defense attorney.
  (C) One member shall be a representative of law enforcement.
  (D) One member shall be a representative of community
corrections directors.
  (e) One member shall be a member of the public, appointed by
the members of the task force described in paragraphs (a) to (d)
of this subsection.
  (2) The task force shall review the implementation of the
provisions of this 2013 Act. No later than October 1, 2016, the
task force shall submit a report to the Legislative Assembly in
the manner provided by ORS 192.245 that describes the findings of
the task force. The report may include recommendations for
legislation.
  (3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (4) Official action by the task force requires the approval of
a majority of the members of the task force.

  (5) The task force shall elect one of its members to serve as
chairperson.
  (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
  (8) The task force may adopt rules necessary for the operation
of the task force.
  (9) The Oregon Criminal Justice Commission shall provide staff
support to the task force.
  (10) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to Oregon Criminal Justice
Commission for purposes of the task force.
  (11)(a) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
  (b) Upon the request of the task force, the Oregon Criminal
Justice Commission shall, when possible, provide the task force
with data related to the rate of offender recidivism as that term
is defined in section 13 of this 2013 Act. + }
  SECTION 22.  { + Section 21 of this 2013 Act is repealed on the
date of the convening of the 2017 regular session of the
Legislative Assembly as specified in ORS 171.010. + }

                               { +
XII. REENTRY PROGRAMS + }

  SECTION 23.  { + (1) The Oregon Criminal Justice Commission
shall administer a grant program to provide counties with funding
necessary to administer an offender reentry and rehabilitation
program described in this section.
  (2) A county is eligible for a grant described in this section
if the county, in accordance with the rules of the commission, is
able to demonstrate a current or future ability to provide, at a
readily accessible location or by streamlined referral,
assistance to offenders who:
  (a) Are serving a term of felony probation or a term of
post-prison supervision after being sentenced to the legal and
physical custody of the supervisory authority under ORS 137.124
(2);
  (b) Are determined to be at a high risk to reoffend; and
  (c) Have supervision-related service needs.
  (3) Grant moneys awarded under this section must be used to pay
the cost of providing a supervision-related service or to
reimburse a service provider for the provision of a
supervision-related service.
  (4)(a) The commission shall annually:
  (A) Contract with a qualified independent person or
organization to conduct a scientifically valid evaluation of the
grant program described in this section to determine whether the
grant program is effective in reducing recidivism; and
  (B) Conduct an audit of the grant program described in this
section to ensure that grant moneys are awarded solely for the
purposes described in this section.
  (b) All public bodies as defined in ORS 174.109 and persons
providing or receiving supervision-related services shall
cooperate fully in the evaluation and audit described in this
subsection.
  (c) Not later than October 1 of each year, the commission shall
report to the Legislative Assembly in the manner provided in ORS
192.245 on the results of the evaluation and audit.
  (5) As used in this section, 'supervision-related service '
means any of the following:
  (a) Alcohol and drug assessment and treatment;
  (b) Obtaining food and clothing, appropriate housing or state
identification;
  (c) Obtaining employment;
  (d) Providing transportation;
  (e) Benefit application assistance;
  (f) Family and community support;
  (g) Medical, dental and mental health evaluation and referral;
  (h) Cognitive behavioral therapy;
  (i) Financial and computer training;
  (j) Referrals for faith-based mentoring or self-improvement;
  (k) Legal consultation; or
  (L) Education and training programs. + }
  SECTION 24.  { + There is appropriated to the Oregon Criminal
Justice Commission, for the biennium beginning July 1, 2013, out
of the General Fund, the amount of $___ for the purposes of
carrying out the provisions of section 23 of this 2013 Act. + }

                               { +
UNIT CAPTIONS + }

  SECTION 25.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 26.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
                         ----------