77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 51

LC 423/SB 51-5

                      SENATE AMENDMENTS TO
                         SENATE BILL 51

                    By COMMITTEE ON JUDICIARY

                            March 11

  On page 1 of the printed bill, delete lines 9 through 27.
  On page 2, delete lines 1 through 42 and insert:
  '  { +  SECTION 1. + } ORS 137.547 is amended to read:
  ' 137.547. (1) Notwithstanding any other provision of law, the
Chief Justice of the Supreme Court may make rules or issue orders
under ORS 1.002 to establish procedures for the consolidation of
probation violation proceedings pending against a probationer in
multiple circuit courts.
  ' (2) Rules made or orders issued under this section:
  '  { - (a) Shall provide that if a probationer is alleged to
have violated the conditions of a sentence of probation in more
than one court, an initiating court may consider consolidation of
some or all pending probation violation proceedings before one or
more appropriate courts: - }
  '  { - (A) Upon the motion of the district attorney or the
defense counsel in the county in which the probationer is in
custody or otherwise before the court; or - }
  '  { - (B) Upon the court's own motion. - }
  '  { - (b) May determine which courts are appropriate courts
for the consolidation of probation violation proceedings in
described circumstances or establish a process for determining an
appropriate court. - }
  '  { - (c) - }   { + (a) + } Shall require the consent of the
probationer to a consolidated probation violation proceeding and
written waivers by the probationer as determined necessary or
fair.
  '  { - (d) - }   { + (b) + } Shall require the approval of the
judge of any responding court, the initiating court and any
appropriate court being considered for a consolidated probation
violation proceeding.
  '  { - (e) - }   { + (c) + } Shall require the approval of the
district attorney of the county for any responding court, the
initiating court and any court being considered as an appropriate
court.
  '  { - (f) May provide for the recall of warrants in any court
other than the appropriate court as convenient to accomplish the
purposes of this section. - }
  '  { - (g) May provide for the transmission of copies of such
papers, records or other information to or from courts, district
attorneys and parole and probation officers as is necessary,
appropriate or convenient for a consolidated probation violation
proceeding under this section. - }
  '  { - (h) May provide any processes necessary, appropriate or
convenient for the proceeding before the appropriate court and
for the appropriate court to make a disposition of the cases that
are consolidated in a proceeding under this section. - }
  '  { - (i) May include any rules or orders establishing other
procedures necessary, appropriate or convenient for the fair and
expeditious resolution of consolidated probation violation
proceedings under this section. - }
  '  { - (3) When an appropriate court transmits the judgment it
enters for a consolidated probation violation proceeding under
this section to the initiating court, if different from the
appropriate court, and to a responding court for filing,
thereafter that judgment is for all purposes the same as a
judgment of the court of the initiating or responding county with
regard to the matters on which that judgment makes determination
and disposition. - }
  '  { - (4) As used in this section: - }
  '  { - (a) 'Appropriate court' means the court most appropriate
to hold a consolidated probation violation proceeding under this
section given the totality of the circumstances involving the
alleged probation violations and multiple jurisdiction
proceedings. The circumstances include, but are not limited
to: - }
  '  { - (A) The location, residence or work location of the
probationer; - }
  '  { - (B) The location of the probationer's parole and
probation officer; - }
  '  { - (C) The location of any witnesses or victims of the
alleged violations or of any alleged new offenses with which the
probationer is charged; - }
  '  { - (D) The location of any victims of the offense for which
the probationer was sentenced to probation; - }
  '  { - (E) The nature and location of previous offenses for
which the probationer is serving a sentence; - }
  '  { - (F) The nature of any new offenses with which the
probationer is charged; - }
  '  { - (G) The resources of local jails; - }
  '  { - (H) The nature and location of any services that may be
appropriate as a consequence of the alleged violation or new
charges; - }
  '  { - (I) Whether the judge who imposed the original sentence
provided in the original judgment direction to return any
probation violation proceedings to that judge; and - }
  '  { - (J) The interests of local courts and district attorneys
concerning the probationer and any disposition that a court may
impose concerning the probationer. - }
  '  { - (b) 'Initiating court' means the court in which a
probationer is in custody or otherwise before the court. - }
  '  { - (c) 'Responding court' means a court other than an
initiating court or appropriate court that entered a judgment
under which the probationer is currently serving a sentence of
probation and which court consents to the consolidation of
probation violation proceedings in an appropriate court under
this section. - } '.
  On page 3, lines 22 through 30, restore the bracketed material.
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