Chapter 423 — Chapter 423

ORS 423.450 Contempt proceedings against person interfering with ombudsman. If any person willfully obstructs or hinders the proper and lawful exercise of the Corrections Ombudsman’s powers, or willfully misleads or attempts to mislead the Corrections Ombudsman in inquiries under ORS 423.400 to 423.450, the judge of the Circuit Court for Marion County, on application of the ombudsman, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1977 c.378 §11]

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ORS 423.475 Findings. The Legislative Assembly finds and declares that

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ORS 423.478 Duties of department and counties; authority of county supervisory authority. (1) The Department of Corrections shall

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ORS 423.480 Adoption of supervision rules. The Department of Corrections, in consultation with county community corrections agencies, community members, including persons currently or formerly under supervision, and organizations that provide culturally specific services, shall adopt rules for standards concerning the location of supervision visits, the frequency of visits and the manner of reporting, for persons on supervision. The rules must take into account evidence-based practices and must require consideration of the risks, needs and responsivity of each supervised person and the goals for completion of supervision. The rules must include a reporting process that is designed to minimize disruptions to the life of the supervised person and avoid unnecessary hardships, while offering the supervised person a broad array of reporting options, and that is focused on the success of the person on supervision. [2022 c.78 §12]

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ORS 423.483 Baseline funding; basis on which county can discontinue participation. (1)(a) 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

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ORS 423.486 Costs incurred by county; rules. (1) Beginning in 2012, and every six years thereafter, the Department of Corrections shall conduct a study to determine the actual costs incurred by each county of providing management, support services, supervision and sanctions for offenders described in ORS 423.478 (2)

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ORS 423.490 Department reimbursement of counties for costs incurred pursuant to ORS 813.011; rules. (1) The Legislative Assembly finds and declares that

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ORS 423.497 National criminal history check. (1) During the intake process, each county shall conduct a national criminal history check on every person incarcerated in the county correctional facility

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ORS 423.500 Definitions for ORS 423.500 to 423.560. As used in ORS 423.500 to 423.560, unless the context requires otherwise

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ORS 423.505 Legislative policy on program funding. Because counties are in the best position for the management, oversight and administration of local criminal justice matters and for determining local resource priorities, it is declared to be the legislative policy of this state to establish an ongoing partnership between the state and counties and to finance with appropriations from the General Fund statewide community correction programs on a continuing basis. The intended purposes of this program are to

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ORS 423.510 [1977 c.412 §2; 1985 c.44 §3; 1985 c.558 §7; repealed by 1995 c.423 §31]

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ORS 423.515 [1977 c.412 §4; 1987 c.320 §220a; repealed by 1995 c.423 §31]

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ORS 423.520 Financial grants to counties for community corrections programs. The Department of Corrections shall make grants to assist counties in the implementation and operation of community corrections programs including, but not limited to, preventive or diversionary correctional programs, probation, parole, work release and local correctional facilities and programs for offenders. The department shall require recipients of the grants to cooperate, to the extent of available information systems resources, in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct. [1977 c.412 §5; 1987 c.320 §221; 1995 c.423 §3; 1997 c.433 §10]

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ORS 423.523 [2013 c.35 §1; repealed by 2017 c.150 §2]

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ORS 423.525 Application for financial aid; review of application; rules for program evaluation; use of funds; community corrections manager; modification of plan. (1) A county, group of counties or intergovernmental corrections entity shall apply to the Director of the Department of Corrections in a manner and form prescribed by the director for funding made available under ORS 423.500 to 423.560. The application shall include a community corrections plan. The Department of Corrections shall provide consultation and technical assistance to counties to aid in the development and implementation of community corrections plans

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ORS 423.530 Procedure for determining amount of financial grants; rules. (1) Financial grants for community corrections pursuant to ORS 423.500 to 423.560 consist of the Grant-in-Aid Program. The Grant-in-Aid Program consists of moneys appropriated to the Department of Corrections for the purposes of management, support services and supervision of offenders described in ORS 423.478 (2). The department shall determine, prior to July 1 of each odd-numbered year, each county’s percentage share of the amount appropriated for the purposes of this subsection. Such determination shall be based upon a weighted formula of workload and population as adopted by the department by rule. In adopting the rule, the department shall consult with a broad based committee including, but not limited to, representatives of the Department of Corrections, local county community corrections, county boards of commissioners and county sheriffs

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ORS 423.535 Biennial community corrections plan required; county authority to contract for services. (1) Prior to receiving funds, the county shall have a biennial community corrections plan

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ORS 423.540 Program compliance review by Director of Department of Corrections; effect of failure to comply. The Director of the Department of Corrections shall biennially review a county’s compliance with the intergovernmental agreement under ORS 423.500 to 423.560. A county must substantially comply with the provisions of its community corrections intergovernmental agreement and plan established pursuant to ORS 423.525 (7). If the director determines that there are reasonable grounds to believe that a county is not in substantial compliance with the intergovernmental agreement or plan, the director shall contact the county regarding the alleged noncompliance and offer technical assistance to reach compliance. If the county does not resolve the alleged noncompliance, the director shall, after giving the county not less than 30 days’ notice, conduct a hearing to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. After technical assistance is provided and the hearing occurs, the director may suspend any portion of the funding made available to the county under ORS 423.500 to 423.560 until the required compliance occurs. [1977 c.412 §8; 1979 c.487 §14; 1987 c.320 §225; 1995 c.423 §8; 1997 c.715 §5; 2017 c.302 §1]

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ORS 423.545 [1977 c.412 §9; 1987 c.320 §226; repealed by 1995 c.423 §31]

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ORS 423.549 State positions in community corrections branch; abolishment; county authority; affected employees; pay. (1) Notwithstanding ORS 236.605 to 236.640, all state positions in the state community corrections branch of the Department of Corrections, the funding for which is transferred to counties, are abolished on January 1, 1997. Counties have sole discretion in the development of methods and means of county community corrections operation under ORS 423.500 to 423.560 including establishment of wages, benefits and working conditions and selection of any employees to operate supervision programs or other services and sanctions under ORS 423.478 and 423.525. The implementation of this section does not give rise to any bargaining obligation under ORS 243.650 to 243.809. Notwithstanding any collective bargaining agreement, the department shall first offer to any employee so affected and not hired by a county a vacant position in other department branches and operations for which the employee is qualified. This preference lapses 90 days after the operative date of this section. The department has sole discretion in selecting and filling vacant positions from among affected employees having preference

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ORS 423.550 [1977 c.412 §10; 1987 c.320 §227; 1989 c.607 §3; 1989 c.614 §3; 1993 c.680 §2; repealed by 1995 c.423 §15 (423.549 enacted in lieu of 423.550)]

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ORS 423.551 [1989 c.614 §5; repealed by 1995 c.423 §31]

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ORS 423.552 [1989 c.510 §2; repealed by 1995 c.423 §30]

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ORS 423.553 [1989 c.510 §3; repealed by 1995 c.423 §30]

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ORS 423.554 [1989 c.510 §§4,5; repealed by 1995 c.423 §30]

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ORS 423.555 Statewide program evaluation and information system. The Department of Corrections shall establish and operate, with the cooperation and participation of county community corrections agencies, a statewide evaluation and information system to monitor the effectiveness of correctional services provided to criminal offenders under ORS 423.500 to 423.560. To the extent of available information systems resources, the system shall permit ongoing evaluation of apparent correlations between services provided and future criminal conduct. [1977 c.412 §11; 1987 c.320 §228; 1995 c.423 §10; 1997 c.433 §12]

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ORS 423.557 “Recidivism” defined for statistical evaluations. (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 is for a new crime and occurs

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ORS 423.560 Local public safety coordinating council; duties. (1) The board of county commissioners of a county shall convene a local public safety coordinating council. The council shall include, but need not be limited to

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ORS 423.565 Additional duties of public safety coordinating council. In addition to the duties assigned to it under ORS 423.560, the local public safety coordinating council convened by the board of commissioners shall, at a minimum

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ORS 423.569 Annual summary. (1) The board or boards of county commissioners that have convened a local public safety coordinating council shall publish an annual summary of program, service or budget changes made in response to the recommendations of the local public safety coordinating council described in ORS 423.560 and 423.565

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ORS 423.570 [1981 c.169 §1; 1983 c.252 §1; 1987 c.320 §229; 1989 c.497 §1; 1989 c.790 §67; 1993 c.14 §23; 1995 c.423 §14; repealed by 2021 c.653 §1]

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ORS 423.600 Legislative findings. The Legislative Assembly finds and declares that

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ORS 423.605 Definition. As used in ORS 423.600 to 423.610, “facilitated dialogue and responsibility letter bank program communications” means all communications by a victim, survivor or adult in custody, or by a program facilitator, advisory committee member 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 Department of Corrections rules. The communications include but are not limited to

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ORS 423.610 Liability of persons associated with program; confidentiality of communications. (1) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons shall 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 423.615

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ORS 423.615 Rules. The Department of Corrections shall adopt rules to carry out the provisions of ORS 423.600 to 423.610. [2017 c.114 §4]

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