Oregon Administrative Code

213-019-0014 Crime Category 2 – Controlled Substance Offenses ORS 164.338 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE II – (C): If the value of the property destroyed was less than $1,000. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 13…

213-019-0015 Crime Category 1 — Drug Offenses POSSESSION OF CONTROLLED SUBSTANCE: As specified in ORS 475.900(3)(b). [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 137.667, 2005 OL, Ch. 708 (SB 907) & ORS 475.900 &…

213-020-0001 Effective Date As provided by Section 90, Chapter 790, Oregon Laws 1989, the rules of divisions 2 to 13 become effective on November 1, 1989. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert…

213-021-0001 Crime Category 10 ORS 475B.359 – ARSON INCIDENT TO THE MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If offense represented threat of serious physical injury; otherwise CC 9, 8 or 7. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 & SB …

213-021-0002 Crime Category 9 (1) ORS 475B.359 – ARSON INCIDENT TO THE MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If offense did not represent a threat of serious physical injury (CC 10) and the economic loss is greater than $50,000; otherwise CC 8 or 7. (2) ORS 475B.367 – CAU…

213-021-0003 Crime Category 8 (1) ORS 167.262 – USE OF MINOR IN CONTROLLED SUBSTANCE OR MARIJUANA ITEM OFFENSE – (A): Unless the minor is less than three (3) years younger than the offender, in which case the offense will be ranked in Crime Category 4. (2) ORS 475B.337 – UNLAWFUL…

213-021-0004 Crime Category 7 ORS 475B.359 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If the offense cannot be ranked at CC 8, 9 or 10. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 & SB 302 (2017) History: CJC 3-2018, adopt…

213-021-0005 Crime Category 6 ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was $50,000 or more. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 & SB 302 (2017) History: CJC 3-…

213-021-0006 Crime Category 5 ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was $10,000 or more but less than $50,000. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 & SB 302 …

213-021-0007 Crime Category 4 (1) ORS 167.262 – USE OF MINOR IN CONTROLLED SUBSTANCE OR MARIJUANA ITEM OFFENSE: If the minor is less than three (3) years younger than the offender. In all other cases this offense shall be ranked in Crime Category 8. (2) ORS 475B.346 – UNLAWFUL DE…

213-021-0008 Crime Category 3 ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): The value of the property stolen or destroyed was $1,000 or more but less than $5,000. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 & SB…

213-021-0009 Crime Category 2 ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was less than $1,000. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 & SB 302 (2017) History: CJC 3…

213-021-0010 Crime Category 1 (1) ORS 475B.337 – UNLAWFUL POSSESSION BY PERSON 21 YEARS OF AGE OR OLDER – (C): As specified in ORS 475B.354. (2) ORS 475B.341 – UNLAWFUL POSSESSION BY PERSON UNDER 21 YEARS OF AGE – (C): As specified in ORS 475B.354. Statutory/Other Authority: ORS …

213-030-0011 Authority These rules are promulgated pursuant to Sections 1 to 14, Chapter 563, 2019 Oregon Laws (Enrolled Senate Bill 973). Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14 Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1…

213-030-0021 Purpose The purpose of these rules is to administer the Improving People's Access to Community-Based Treatment, Supports, and Services Program (IMPACTS), established by Sections 1 to 14, Chapter 563, 2019 Oregon Laws. Statutory/Other Authority: SB 973 (2019) & Or Law…

213-030-0031 Definitions As used in OAR 213-030-0010 to 213-030-0130, unless the context indicates otherwise: (1) "Applicant" means a county, regional consortium, or federally recognized tribe (2) "Awardee" means a county, regional consortium, or federally recognized tribe select…

213-030-0041 Grant Applications (1) The grant application cycle will be determined by the grant review committee. (2) The grant review committee shall designate a percentage of the funds to be set aside and awarded to at least one federally recognized tribe. (3) Applicants for IM…

213-030-0051 Grant Application Review Criteria The grant review committee shall review and evaluate each grant application based on the following criteria: (1) The completeness of application, including whether the application includes all required information described herein an…

213-030-0061 Grant Application Processing (1) The grant review committee will evaluate each application based on the criteria provided in the "Grant Application Review Criteria" section of these rules. (2) The grant review committee will review each application and the recommenda…

213-030-0071 Supplemental Grant Period If unallocated funds remain at the conclusion of the grant period or become otherwise available, the grant review committee shall establish a supplemental grant period to distribute some or all of those unallocated funds. The grant review co…

213-030-0081 Subcommittees (1) The grant review committee shall establish a quality improvement subcommittee, which will: (a) Establish outcome measures or evaluation tools for programs receiving grants under the IMPACTS program; and (b) Establish a statewide system for tracking …

213-030-0091 Termination (1) Each program that is funded will be monitored by grant review committee staff on an established basis and evaluated periodically by the grant review committee, based on the awardee's performance and progress towards the goals of IMPACTS program. (2) T…

213-030-0101 Evaluations of Programs Funded (1) Up to three percent of the total amount of IMPACTS funds may be used to support outcome measures, evaluations, or both. (2) The grant review committee may select any or all IMPACTS programs for evaluation. Awardees selected for an e…

213-030-0111 Use of Program Funds for Program Purposes Other Than Grant Awards (1) The grant review committee shall determine a process for using up to 20 percent of the total amount of IMPACTS funding for operating a statewide program to support the design and implementation of …

213-030-0121 Reports (1) At least once per biennium, the grant review committee shall, in conjunction with the Oregon Health Authority, identify: (a) The costs to state government that were avoided as a result of the IMPACTS program; and (b) Any increased costs to local governmen…

213-030-0131 Grant Application and Award Protests; Administrative and Judicial Review (1)(a) An applicant or potential qualifying applicant may protest or otherwise challenge the grant review committee's application process or award decisions, or both, by first requesting adminis…

213-040-0010 Authority These rules are promulgated pursuant to Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204). Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House B…

213-040-0020 Purpose The purpose of these rules is to administer the Restorative Justice Grant Program established pursuant to Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204). Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Ot…

213-040-0030 Definitions (1) "Advisory committee" means the committee organized pursuant to OAR 213-040-0040. (2) "Commission" means the Oregon Criminal Justice Commission. (3) Community-based organization" means a Tribe-affiliated organization that is based in the community and …

213-040-0040 Advisory Committee (1) The Commission shall convene an advisory committee to evaluate and approve restorative justice grant awards. The grant award approval and authorization process is set forth in OAR 213-040-0070. (2) The Commission may seek the advisory committee…

213-040-0050 Grant Applications (1) The Commission shall determine the grant application cycle based on the availability of funds. (2) Grant applicants may be either public or private entities. (3) Grant applicants must: (a) Provide or seek to provide restorative justice services…

213-040-0060 Grant Application Review Criteria (1) The advisory committee and the Commission shall review and evaluate each grant application based upon the following criteria: (a) How well the grant application demonstrates the criteria in OAR 213-040-0050(3); and (b) Any other …

213-040-0070 Grant Application Processing and Awards (1) Commission staff will review each grant application using the criteria provided in OAR 213-040-0060 and the request for grant applications and will make recommendations to the advisory committee. (2) The advisory committee …

213-040-0080 Supplemental Grant Period If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission may do one or more of the following: (1) Use unallocated funds to supplement and expand the scope of one or …

213-050-0045 Authority These rules are promulgated pursuant to ORS 169.090(2), 137.656(4), and 419C.453. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0050 Purpose These rules are the minimum standards for the establishment, operation and review of extended detention programs serving juveniles pursuant to ORS 419C.453. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.0…

213-050-0055 Definitions As used in OAR 213-050-0045 to 213-050-0080, unless the context indicates otherwise: (1) "Committing Authority": The juvenile court of the county where the juvenile was adjudicated. (2) "Extended Detention Period": As promulgated in ORS 419C.453, a period…

213-050-0060 Minimum Standards for Extended Detention Programs (1) A supervising authority ordered by the court to detain juveniles for an extended detention period pursuant to ORS 419C.453 must detain juveniles only in a detention facility which has an extended detention program…

213-050-0065 Approval Process (1) Extended Detention program plans submitted to the JCPAC must have prior approval from the Board of Commissioners and by the juvenile court judge of the county in which the facility operates. (2) Program plans submitted to the JCPAC for approval m…

213-050-0070 Modification, Review and Renewal (1) A county operating an approved extended detention program must report to the JCPAC annually on forms provided by the JCPAC. The report must include a county statement as to whether the program continues to operate in conformance w…

213-050-0075 Suspension, Revocation or Refusal to Renew Approval At any time the JCPAC may suspend, revoke or refuse to renew its approval of an extended detention program if the county fails to maintain the minimum standards in OAR 213-050-0060 or does not report annually as req…

213-050-0080 Grievance Process (1) Counties denied approval to operate an extended detention program, or whose approval has been suspended, revoked or not renewed, may grieve the decision to the JCPAC at its next available committee meeting. (2) The county must submit a written e…

213-060-0010 Authority These rules are promulgated pursuant to Sections 52 to 56, Chapter 649, 2013 Oregon Laws (Enrolled House Bill 3194). Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 History: CJC 2-2014, f. 12-9-14, cert. …

213-060-0020 Purpose The purpose of these rules is to administer the Justice Reinvestment Program established by Sections 52 to 56, Chapter 649, 2013 Oregon Laws. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 History: CJC 2-2…

213-060-0030 Definitions As used in OAR 213‐060‐0010 to 213‐060‐0140, unless the context indicates otherwise: (1) “Commission” means the Oregon Criminal Justice Commission. (2) “Community-based programs” includes: (a) Work release programs; (b) Structured, transitional leave prog…

213-060-0050 Grant Applications (1) The grant application cycle will be determined by the Commission. At the beginning of each grant application cycle, the Commission will determine the proportion of grant funds available to each county in accordance with the formula used to dist…

213-060-0060 Grant Application Review Criteria The Grant Review Committee and the Commission will review and evaluate each grant application based on the following criteria: (1) Whether the applicant’s program is designed to reduce recidivism of offenders. (2) The extent to which…

213-060-0070 Grant Application Processing (1) Commission staff will evaluate each county’s application based on the criteria provided in OAR 213‐060‐0060, and will make recommendations to the Grant Review Committee. If the recommendation by staff to the Grant Review Committee wou…

213-060-0080 Supplemental Grant Period (1) If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission shall establish a supplemental grant period to distribute some or all of those unallocated funds. The Co…

213-060-0095 Community Based Victim Services Advisory Panel (1) The Commission may appoint a Community Based Victim Services Advisory Panel, consisting of up to 9 members, taking into account regional representation, knowledge in the delivery of victim services, and diversity of …