Chapter 420A — Chapter 420A
38 sections in this chapter.
ORS 420A.005 Definitions. As used in ORS 420A.005 to 420A.155, unless the context requires otherwise
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(1) “Adjudicated youth” has the meaning given that term in ORS 419A.004. (2) “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 professiona…
ORS 420A.010 Creation and duties. (1) The Oregon Youth Authority is established. The youth authority shall
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(a) Supervise the management and administration of youth correction facilities, state parole and probation services, community out-of-home placement for adjudicated youths committed to its legal custody and other functions related to state programs for youth corrections; (b) Prov…
ORS 420A.012 Recidivism; definition; reporting system; duties of Oregon Youth Authority and juvenile departments. (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 adjudicated youths. The definition must be designed to address outcomes including, but not limited to, community safety and rehabilitation
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(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 …
ORS 420A.014 Enumeration of duties not exclusive. 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]
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[Repealed or reserved.]
ORS 420A.015 Director; appointment. (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
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(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 incur…
ORS 420A.017 Senate confirmation of director. 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]
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[Repealed or reserved.]
ORS 420A.020 Subordinate officers and employees; appointment. (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
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(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]
ORS 420A.021 Authority of Oregon Youth Authority to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Youth Authority may require the fingerprints of a person who
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(1) Is employed or applying for employment by the youth authority; (2) Provides services or seeks to provide services to the youth authority as a contractor, vendor or volunteer; or (3) Is an applicant to operate an adjudicated youth foster home, as defined in ORS 420.888, or who…
ORS 420A.022 Certification of employees to provide mental health services; rules. (1) The Oregon Youth Authority may certify employees of the authority to provide mental health services to adjudicated youths and other persons placed in the physical custody of the authority in accordance with standards established by the authority by rule
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(2) As used in this section, “adjudicated youth” has the meaning given that term in ORS 419A.004. [2011 c.333 §2; 2021 c.489 §139] Note: 420A.022 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 legi…
ORS 420A.023 Authority of youth correction officers to exercise power of peace officer. (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 adjudicated youth and persons in the physical custody of the youth authority under ORS 137.124 or other applicable law
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(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…
ORS 420A.025 Rules. 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]
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[Repealed or reserved.]
ORS 420A.030 Oregon Youth Authority Account. (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
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(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 Ore…
ORS 420A.032 Revolving fund. (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
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(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 …
ORS 420A.035 Authorization to deposit money belonging to adjudicated youths and youth in authority custody in trust account. The Oregon Youth Authority may deposit money belonging to adjudicated youths or others in youth authority custody 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; 2013 c.229 §11; 2021 c.489 §141]
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[Repealed or reserved.]
ORS 420A.040 Provision of juvenile corrections programs and services to tribal adjudicated youth; agreements; award of funds. (1) An agency that provides juvenile corrections programs may enter into an agreement with a tribe for the purposes of placing a tribal adjudicated youth into a state youth correction facility or program. The tribe shall pay the agency reasonable expenses associated with the incarceration and treatment of the adjudicated youth
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(2)(a) The Oregon Youth Authority may receive applications from, and award funds under a competitive process to, tribes for the administration and provision of services to tribal youth. The services eligible for funding under this subsection must be intended to protect the public…
ORS 420A.100 Authority to establish and operate; provision of personal hygiene products. (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
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(2) Youth correction facilities must be used for the confinement of adjudicated youths and others placed in the custody of the youth authority and for the development of those persons into productive members of society. (3) Youth correction facilities shall make available tampons…
ORS 420A.105 Rules. 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
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(1) Procedures by which adjudicated youths may apply for transfers from one level of custody to another; and (2) Rules applicable to parole of adjudicated youths. [1995 c.422 §15; 2021 c.489 §144]
ORS 420A.108 Policy regarding rules and consequences for violations of rules; review of dispositions. (1) It is the policy of the State of Oregon that
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(a) Rules regulating the conduct of adjudicated youths and other persons placed in the physical custody of the Oregon Youth Authority under ORS 137.124 or any other provision of law be based on the following principles and goals: (A) Concrete expectations and goals for the conduc…
ORS 420A.111 Levels of custody; transfer between levels; significance. (1) The Director of the Oregon Youth Authority may authorize the transfer of an adjudicated youth from one level of custody to another
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(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 adjudicated youth and enter an order granting or denying the transfer. (3) The adjudicated youth subject to a transfer order, or an…
ORS 420A.115 Parole of adjudicated youths; disclosure of information to victims; rules. (1) The Director of the Oregon Youth Authority may authorize any adjudicated youth 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
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(2)(a) Notwithstanding ORS 419A.257, the youth authority may disclose the information described in paragraph (b) of this subsection to a victim, as defined by the youth authority by rule: (A) When the youth authority seeks information from the victim regarding the impact of the c…
ORS 420A.120 Suspension of parole or conditional release; rules. (1) The Oregon Youth Authority, upon being informed and having reasonable grounds to believe that an adjudicated youth under the youth authority’s supervision or control has violated the conditions of parole or other conditional release from custody, may suspend the adjudicated youth’s parole or conditional release and order that the adjudicated youth be taken into custody and detained. The written order of the youth authority is sufficient warrant for a law enforcement officer or a juvenile community supervision officer as defined in ORS 420.905 to take custody of the adjudicated youth
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(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 an adjudicated you…
ORS 420A.122 Notice of release or discharge of adjudicated youth. (1) Prior to an adjudicated youth’s release or discharge from a youth correction facility, the Oregon Youth Authority shall notify the following of the release or discharge
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(a) Law enforcement agencies in the community in which the adjudicated youth is going to reside; (b) The school administrator of the school the adjudicated youth will attend or, if the school the adjudicated youth will attend is unknown, the school administrator of the school dis…
ORS 420A.125 Adjudicated youths; intake assessments; reformation plan; placement. (1) The Oregon Youth Authority shall conduct, or cause to be conducted, intake assessments when adjudicated youths and other persons are initially placed in a youth correction facility
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(2) At the time of the intake assessment, the youth authority shall provide the person with a copy of the rules of conduct for adjudicated youths and other persons in custody in youth correction facilities. The youth authority shall also provide an adjudicated youth with informat…
ORS 420A.130 Reentry support and services; rules. (1) As used in this section
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(a) “Reentry support and services” has the meaning given that term in ORS 423.110. (b) “Sentence” includes a period of incarceration, any period of transitional leave, work release or program of conditional or supervised release authorized by law and any period of post-prison sup…
ORS 420A.135 Secure regional youth facilities. (1) The Oregon Youth Authority may establish up to five secure regional youth facilities
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(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 p…
ORS 420A.145 Regional youth accountability camps. (1) The Oregon Youth Authority may establish up to eight regional youth accountability camps
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(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; …
ORS 420A.147 Placement in regional youth accountability camps. (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 an adjudicated youth be placed in a regional youth accountability camp, but the recommendation is not binding on the youth authority
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(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 p…
ORS 420A.155 Regional residential academies. (1) The Oregon Youth Authority may establish up to four regional residential academies
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(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 standa…
ORS 420A.200 Duration of custody of Oregon Youth Authority. (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
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(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 …
ORS 420A.203 Eligibility for second look; report to sentencing court; hearing; disposition. (1)(a) This section and ORS 420A.206 apply only to a person who
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(A) Was under 18 years of age at the time of the commission of the offense for which the person was sentenced to a term of imprisonment, who committed the offense on or after June 30, 1995, and who was: (i) Sentenced to a term of imprisonment of at least 24 months following waive…
ORS 420A.206 Conditional release; release plan; conditions; effect of violation of release plan; revocation. (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 to the court no later than 45 days after receipt of the court’s direction to prepare the plan. 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
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(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 fa…
ORS 420A.220 Damage to property of employee of Oregon Youth Authority; claims; payment. (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
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(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 discove…
ORS 420A.223 Juvenile Justice Information System; establishment; disclosures; rules. (1) The Juvenile Justice Information System, an electronic information system developed and maintained by the state through the Oregon Youth Authority, is established. The youth authority, in partnership with county juvenile departments, shall administer the Juvenile Justice Information System through a steering committee established by rule. The youth authority shall, in consultation with the steering committee, adopt rules governing the administration of the Juvenile Justice Information System including, but not limited to
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(a) Confidentiality of information; (b) State and county roles and costs; and (c) County reporting requirements. (2) The youth authority shall develop, maintain and administer the Juvenile Justice Information System according to the Criminal Justice Information Standards program …
ORS 420A.250 Peer support; confidentiality of peer support communications. (1) For the purposes of this section
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(a) “Participant” means an employee of the Oregon Youth Authority or a county juvenile department who engages in a peer support check-in session or who communicates with a peer support team member about engaging in a peer support check-in session. (b) “Peer support check-in sessi…
ORS 420A.300 Policy. The Legislative Assembly finds and declares that
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(1) Restorative justice programs, including facilitated dialogues and responsibility letter banks, can promote justice and healing for crime victims and survivors and can aid persons temporarily assigned to a youth correction facility under ORS 137.124 or 420.011 and adjudicated …
ORS 420A.305 Facilitated dialogue and responsibility letter bank program communications. As used in ORS 420A.300 to 420A.315, “facilitated dialogue and responsibility letter bank program communications” means all communications by a victim, survivor, person temporarily assigned to a youth correction facility under ORS 137.124 or 420.011 or adjudicated youth, or by a program facilitator, advisory committee member, volunteer, contractor or staff person, that are made in the course of or in connection with a facilitated dialogue or responsibility letter bank program conducted pursuant to Oregon Youth Authority rules. The communications include but are not limited to
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(1) All memoranda, assessment and evaluation forms, documents and other materials, including letters that are prepared for or submitted in connection with a facilitated dialogue; (2) All communications, whether oral, written or recorded, made during the intake of a case, during p…
ORS 420A.310 Confidentiality of communications. (1) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members, volunteers, contractors and staff persons may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any facilitated dialogue or responsibility letter bank program communication, except as required under rules established pursuant to ORS 420A.315
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(2) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members, volunteers, contractors and staff persons are not civilly liable for any act or omission done or made while engaged in efforts to assist a victim, survivor, person temporaril…
ORS 420A.315 Rules. The Oregon Youth Authority shall adopt rules to carry out the provisions of ORS 420A.300 to 420A.315. [2021 c.474 §4]
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