| Legislative Update |
|
|
 |
| 1999 Session |
|
Use this handy summary of legislation from the 1999 session to look up bills that affect the Oregon Department of Corrections. Please note that legislation which declares an emergency goes into effect on the day the governor signs it unless another date is specified in the bill. Bills without an emergency clause become effective October 23, 1999.
Department of Corrections Bills
House Bill 2213
Relating to corrections; declaring an emergency
Eliminates upper age limit for incarceration at boot camp. Specifies that offenses committed while inmate is incarcerated may not be considered in determining county of residence as condition of parole. Declares emergency.
Effective Date: June 9, 1999
House Bill 2215
Relating to protective proceedings for person committed to custody of Department of Corrections
Limits powers of guardian appointed for person committed to custody of Department of Corrections. Establishes that notice of petitions and motions in protective proceeding for person committed to custody of Department of Corrections must be given to Attorney General and to superintendent or other officer in charge of facility in which inmate is confined.
Effective Date: October 23, 1999
House Bill 2216
Relating to post-prison supervision
Requires that offender on post-prison supervision reside for first six months in county where offender resided at time offense was committed.
Effective Date: October 23, 1999
House Bill 2217
Relating to conditional release
Establishes that counties are responsible for supervision of offenders on conditional release under second look provisions.
Effective Date: October 23, 1999
House Bill 2218
Relating to corrections
Allows person returned to state for violation of post-prison supervision to be held in local correctional facility. Allows Department of Corrections or other supervisory authority to order arrest and detention of person who has escaped from supervision, custody or control of department of supervisory authority.
Effective Date: October 23, 1999
House Bill 2219
Relating to probation
Increases from 30 days to 60 days the jail sanction that the Department of Corrections or county corrections agency may impose as a probation violation sanction.
Effective Date: October 23, 1999
House Bill 2220
Relating to the financial administration of the Department of Corrections.
Establishes DOC account in State Treasury. Did not pass - Concept included in SB 5527 (capital construction).
House Bill 2221
Relating to the exemption of proceedings concerning inmate visitation from formal contested case provisions
Establishes that DOC proceedings related to inmate visitation are exempt from formal contested case proceedings. Authorizes creation of an internal process within DOC to review decisions regarding a visitor´s visiting status.
Effective Date: October 23, 1999
House Bill 2222
Relating to inmate participation in rulemaking process
Allows DOC and the Board of Parole and Post Prison Supervision to limit inmate participation in administrative rulemaking hearings to written submission.
Effective Date: October 23, 1999
Crime Bills
House Bill 2002 (see Community Corrections)
Relating to crime; appropriating money; declaring an emergency
Classifies driving while under the influence of intoxicants as Class C felony when person has three or more prior convictions. Punishes by maximum of five years´ imprisonment, $100,000 fine or both (effective for offenses committed on or after 12/31/99). Reclassifies certain instances of driving while suspended or revoked from felony to Class A misdemeanor, punishable by maximum of one year´s imprisonment, $5,000 fine, or both (effective for offenses committed on or after 9/1/99). Appropriates moneys from General Fund to the E-Board for further allocation to DOC for prison population management. Declares emergency.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
47
|
-827
|
(2,479,198)
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
191
|
434
|
(261,350)
|
|
Effective Date: Upon governor´s signature
House Bill 2273
Relating to assault on corrections staff; appropriating money; declaring an emergency
Expands the crime of assault in the third degree to include knowingly or intentionally propelling any dangerous substance at a DOC or OYA staff member, volunteer or contractor while he/she is acting in the course of official duty. Punishes by maximum five years´ imprisonment, $100,000 fine, or both. Appropriates moneys to E-Board for allocation to DOC for purposes of prison population management. Declares emergency.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
15
|
-15
|
148,051
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
|
55
|
-44
|
1,575,649
|
|
Effective Date: Upon governor´s signature
House Bill 2275
Relating to mail; declaring an emergency
Creates crime of mail theft or receipt of stolen mail. Punishes by maximum of one year´s imprisonment, $5,000 fine, or both. Declares emergency.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
0
|
0
|
20,000
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
|
|
20,000
|
|
Effective Date: August 2, 1999
House Bill 2302 (see Community Corrections)
Relating to sentencing
House Bill 2319
Relating to unlawful financial transactions
Creates crime of laundering monetary instrument. Punishes by maximum of 10 years´ imprisonment, $200,000 fine, or both. Creates crime of engaging in monetary transaction in property derived from unlawful activity. Punishes by maximum of five years´ imprisonment, $100,000 fine, or both. Appropriates money to E-Board for allocation to DOC for population management issues.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
5
|
5
|
118,000
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
|
7
|
11
|
311,300
|
|
Effective Date: October 23, 1999
House Bill 2327 (see Community Corrections)
Relating to crime House Bill 2328 (see Community Corrections)
Relating to dangerous offenders
House Bill 2396
Relating to waiver of youths
Expands list of crimes for which youth 15 years of age or older may be waived to adult court to include any Class C felony in which youth used or threatened to use firearm.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
N/A
|
N/A
|
Indetermin
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
N/A
|
N/A
|
Indetermin
|
|
Effective Date: October 23, 1999
House Bill 2479
Relating to sentencing; creating new provisions; declaring an emergency
Adopts amendments to rules of Oregon Criminal Justice Commission ranking and classifying certain crimes; specifies that sentences for repeat property offenders are presumptive (effective January 1, 2000). Modifies Commission´s rulemaking authority (effective immediately). Provides legislative ratification for sentencing guidelines rules, modifies the definition of "previous conviction" in the repeat offender (RPO) statute, thereby expanding the pool of people subject to 13- or 19-month prison sentences for specified property crimes. These changes take effect on July 1, 2001.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
0
|
0
|
N/A
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
50
|
-50
|
500,000
|
|
Effective Date: August 17, 1999
House Bill 2808 (see Community Corrections)
Relating to offender information; creating new provisions; and appropriating money
House Bill 3057
Relating to crime; creating new provisions; appropriating money
Creates crime of identity theft. Punishes by maximum of five years´ incarceration, $100,000 fine, or both. Prescribes minimum sentence for circumstances involving certain previous convictions. Appropriates moneys from General Fund to DOC.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
7
|
59
|
104,425
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
19
|
201
|
1,000,000
|
|
Effective Date: October 23, 1999
House Bill 3129
Relating to assault
Increases criminal classification of assault in fourth degree upon fourth or subsequent conviction involving domestic violence.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
1
|
3
|
12,174
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
2
|
16
|
133,224
|
|
Effective Date: October 23, 1999
House Bill 3596
Relating to sex offenses; creating new provisions
Classifies public indecency as Class C felony if person has prior convictions for certain crimes, punishable by maximum five years´ imprisonment, $100,000 fine, or both.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
1
|
8
|
25,000
|
|
01-03 Impact
|
Effective Date: October 23, 1999
Community Corrections Bills
House Bills 2216 , 2217, 2218 and 2219(see Department of Corrections´ initiated bills)
House Bill 2302
Relating to sentencing
The bill increases the period of Post Prison Supervision (PPS) for the crimes of rape in the second degree and sodomy in the second degree or attempt to commit one of those crimes. The period of PPS, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence.
|
99-01 Impact
|
01-03 Impact
|
Effective Date: October 23, 1999
House Bill 2327
Relating to crime
This Statute creates a "sexually violent dangerous offender" status that requires lifetime supervision. The bill establishes the elements of a sexually violent dangerous offender and establishes judicial, Parole Board and Supervisory Authority processes to make this finding. Establishes relief application process after 10 years of supervision.
These offenders may be sanctioned for 180 days for violations. No limit on total sanction incarceration time.
|
99-01 Impact
|
01-03 Impact
|
Effective Date: October 23, 1999
House Bill 2328
Relating to dangerous offenders; appropriating money; and declaring an emergency
Establishes that sexually violent dangerous offenders are subject to intensive supervision for entire term of parole or post-prison supervision. Directs State Board of Parole and Post-Prison Supervision and local supervisory authorities to identify sexually violent dangerous offenders. Appropriates moneys. Declares emergency.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
0
|
6
|
35,114
|
|
01-03 Impact
|
Effective Date: August 2, 1999
House Bill 2432
Relating to county reimbursement for certain corrections expenses; appropriating money; declaring an emergency
Establishes current service level as baseline funding amount for expenses associated with persons incarcerated in county facilities upon conviction of felony or as sanction for violation of parole or post-prison supervision by person convicted of felony. Appropriates moneys to DOC for reestablishing baseline funding formula. Declares emergency.
Effective Date: August 16, 1999
House Bill 2500
Relating to criminal sentencing
Directs Department of Corrections to establish chemical treatment pilot program for sex offenders eligible for parole or post-prison supervision. Requires department to report results to Seventy-first Legislative Assembly.
Effective Date: October 23, 1999
House Bill 2807
Relating to offender notification
Requires notification of State Police and LEDS within 10 days of finding a sex offender predatory.
Effective Date: October 23, 1999
House Bill 2808
Relating to offender information; creating new provisions; and appropriating money
This is a complex bill dealing with registering sex offenders for convictions dating back to 1972. Some provisions in the bill become effective January 1, 2001 or January 1, 2002.
|
99-01 Impact
Beds
|
Caseload
|
Cost
|
0
|
0
|
205,335
|
|
01-03 Impact
Beds
|
Caseload
|
Cost
|
0
|
0
|
260,000
|
|
Effective Date: October 23, 1999 (Bill vetoed by governor)
House Bill 3105
Relating to supervision of offenders
Allows court when paroling defendant outside county jail to order local supervisory authority to supervise defendant.
Effective Date: October 23, 1999
Senate Bill 18
Relating to probation
Authorizes Chief Justice of Supreme Court to establish procedures for consolidation of multiple probation violations. Narrows scope to one judge, one district attorney, and one hearing and evidentiary showing for multiple probation violations.
Effective Date: October 23, 1999
Senate Bill 394
Relating to parole release dates
Allows State Board of Parole and Post-Prison Supervision to postpone inmate´s release on parole if board finds inmate has present severe emotional disturbance predisposing inmate to commission of crime to degree rendering inmate dangerous to health or safety of community.
Effective Date: October 23, 1999
Senate Bill 685
Relating to parole and probation officers
Redefines parole and probation officer to include part-time officer who performs certain duties and is employed by DOC, county or court. Requires part-time probation and parole officers to complete at least 20 hours of continuing education annually.
Effective Date: October 23, 1999
Senate Bill 740
Relating to sex offenders; appropriating money; declaring an emergency
Expands group of persons required to register as sex offenders. Requires Department of State Police to enter sex offender registration information into Law Enforcement Data System. Requires department, police chiefs, county sheriffs and supervising agencies to release information about specific sex offenders if requested. Allows department to make sex offender information available to public, without request, by electronic or other means. Allows Law Enforcement Data System to submit sex offender information to national sex offender registry. Requires sex offenders to report within 10 days following release on any form of supervised release, discharge or placement on probation. Requires registration as sex offender as condition of probation, parole or post-prison supervision. Limits who can be relieved of obligation to report as sex offender. Creates defense to charge of contributing to sexual delinquency of minor that defendant was less than three years older than victim. Declares emergency, effective September 1, 1999.
Effective Date: September 1, 1999
Other Major Bills
Prison Siting
Senate Bill 686
Relating to corrections; declaring an emergency
When directed by executive order of the governor, the DOC shall propose a site for the construction and operation of a women´s correctional facility and intake center complex, considering certain criteria, and shall publish an initial report stating the conclusions of the department with regard to the proposed site. Prohibits Dammasch State Hospital from being used as DOC facility.
Effective Date: Upon governor´s signature
Inmate Work Programs
HJR 82
Proposes amendment to Oregon Constitution to include benefiting community as a goal of prison work programs. Removes work programs from Prison Industries Board regulation and subjects programs to regulation of corrections director. Requires corrections director to avoid displacing or significantly reducing preexisting private enterprise. Refers proposed amendment to people for their approval or rejection.
HB 2488
Relating to corrections; creating new provisions
Establishes Oregon Corrections Enterprises as semi-independent agency with certain authority over inmate work programs, employee benefit plans and personnel systems. Appropriates moneys to Oregon Corrections Enterprises. Takes effect only if HJR 82 is approved by people.
Effective Date: On the effective date of HJR 82
|
|
| |
|
|
