Bill Text: OR HB3031 | 2013 | Regular Session | Introduced
Bill Title: Relating to contracts with counties to provide juvenile supervision services.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3031 Detail]
Download: Oregon-2013-HB3031-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3066
House Bill 3031
Sponsored by Representative CAMERON; Representatives BUCKLEY,
CLEM
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Oregon Youth Authority to contract with county or
counties to provide parole and probation services. Authorizes
county or counties providing parole and probation services to
determine whether youth offender has violated parole, revoke
parole or conditional release and order youth be taken into
custody and detained.
Requires youth authority to mediate when youth authority
declines request of county or counties to contract to provide
parole and probation services. Clarifies responsibilities when
responsibility for parole and probation services is transferred
from youth authority to county or counties.
A BILL FOR AN ACT
Relating to contracts with counties to provide juvenile
supervision services; amending ORS 420.019, 420.045, 420A.010,
420A.115 and 420A.120.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 420A.010 is amended to read:
420A.010. (1) The Oregon Youth Authority is established. The
youth authority shall:
(a) Supervise the management and administration of youth
correction facilities, { - state - } parole and probation
services, community out-of-home placement for youth offenders
committed to its legal custody and other functions related to
state programs for youth corrections;
(b) Provide capital improvements and capital construction
necessary for the implementation of all youth correction
facilities;
(c) Carry out dispositions of youth offenders committed to its
legal custody;
(d) Exercise custody and supervision over those youth offenders
committed to the youth authority by order of the juvenile court
and persons placed in the physical custody of the youth authority
under ORS 137.124 or other statute until the time that a lawful
release authority authorizes release or terminates the commitment
or placement;
(e) Provide adequate food, clothing, health and medical care,
sanitation and security for confined youth offenders and others
in youth authority custody;
(f) Provide youth offenders and others in youth authority
custody with opportunities for self-improvement and work; and
(g) Conduct investigations and prepare reports for release
authorities.
(2) To meet the individual circumstances of each person
committed to its custody, the youth authority shall:
(a) Develop a flexible fee-for-service provider system that can
respond quickly to each person's identified and changing
circumstances; and
(b) Develop a process for joint state and county review of
contracts entered into under subsection (6)(b) of this section
and paragraph (a) of this subsection based on:
(A) Measurable outcomes, which must include in dominant part
the reduction of future criminal or antisocial conduct and which
also must include:
(i) Academic progress;
(ii) Social adjustments;
(iii) Behavioral improvements;
(iv) Rearrests; and
(v) Other measurements as determined by the youth authority;
(B) Performance measurements including:
(i) Fiscal accountability;
(ii) Compliance with state and federal regulations;
(iii) Record keeping, including data collection and management;
and
(iv) Reporting; and
(C) Provision of services identified under the reformation
plan.
(3) In order to measure performance as required in subsection
(2) of this section, the youth authority shall require parties to
the contracts to compile, manage and exchange data to the extent
of available information systems resources to facilitate the
measurement of outcomes including, but not limited to, reduction
in future criminal or antisocial conduct.
(4) The youth authority may administer a program of state
assistance to counties for the construction and operation of
local youth detention facilities or to purchase detention
services.
(5) The youth authority shall accept and exercise legal or
physical custody of youth offenders and others 12 years of age
and over and under 25 years of age who are committed to, or
placed with, the youth authority pursuant to:
(a) A juvenile court adjudication and disposition under ORS
chapter 419C; or
(b) ORS 137.124.
(6)(a) The youth authority shall cooperate with and assist
county governments and juvenile departments in carrying out the
principles and purposes of the juvenile justice system as
provided in ORS 419C.001.
(b) The youth authority is authorized to contract with
{ - counties, groups of counties - } { + the governing body
of a county, the governing bodies of a group of counties + }or
private providers to administer juvenile corrections programs and
services { + , including but not limited to parole and probation
services, + } as provided in ORS 420.017, 420.019,
{ + 420A.120, + } 420A.145 and 420A.155 (1) to (4).
(c) The youth authority may provide consultation services
related to the juvenile justice system to local or statewide
public or private agencies, groups and individuals or may
initiate such consultation services. Consultation services
include, but are not limited to, conducting studies and surveys,
sponsoring or participating in educational programs and providing
advice and assistance. Nothing in ORS 419C.001 and 420A.005 to
420A.155 is intended to diminish the state's efforts to plan,
evaluate and deliver effective human services programs to youth
offenders, either in a youth correction facility or on probation
or parole. Therefore, the Oregon Youth Authority and the
Department of Human Services shall jointly develop and implement
needed social and rehabilitative services.
(7) The youth authority is the recipient of all federal funds
paid or to be paid to the state to enable the state to provide
youth correction programs and services assigned to the Department
of Human Services prior to January 1, 1996.
(8) The youth authority shall report its progress in
implementing the provisions of chapter 422, Oregon Laws 1995, to
the Legislative Assembly at each odd-numbered year regular
session.
(9) The equal access provisions of ORS 417.270 apply to the
youth authority's development and administration of youth
correction facilities, programs and services, including the
development and implementation of the statewide diversion plan
described in ORS 420.017.
(10) The youth authority shall:
(a) Be cognizant of and sensitive to the issue of
overrepresentation of minority youth offenders in youth
correction facilities;
(b) Endeavor to develop and operate, and require its
subcontractors to develop and operate, culturally appropriate
programs for youth offenders; and
(c) Keep data reflecting the ethnicity and gender of all youth
offenders committed to its care.
(11) The youth authority is a designated agency as defined in
ORS 181.010.
SECTION 2. ORS 420A.115 is amended to read:
420A.115. (1) The Director of the Oregon Youth Authority { +
+ }may authorize any youth offender 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.
(2) The Director of the Oregon Youth Authority { + or a county
or group of counties that has contracted with the youth authority
pursuant to ORS 420.019 or 420A.010 (6) to provide parole and
probation services + } shall determine whether violations of
conditions of parole have occurred.
SECTION 3. ORS 420A.120 is amended to read:
420A.120. (1) The Oregon Youth Authority { + or a county or
group of counties that has contracted with the youth authority
pursuant to ORS 420.019 or 420A.010 (6) to provide parole and
probation services + }, upon being informed and having reasonable
grounds to believe that a youth offender under the youth
authority's supervision or control has violated the conditions of
parole or other conditional release from custody, may suspend the
youth offender's parole or conditional release and order that the
youth offender be taken into custody and detained. The written
order of the youth authority { + or the county or group of
counties + } is sufficient warrant for any law enforcement
officer to take custody of the youth offender.
(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 a youth offender to the
legal custody of the youth authority and has placed the youth
offender on probation, and the youth authority has probable cause
to believe that the youth offender has violated a condition of
probation, the juvenile court, upon request of the youth
authority, may order that the youth offender be taken into
custody as provided in ORS chapter 419C.
SECTION 4. ORS 420.019 is amended to read:
420.019. (1)(a) The Oregon Youth Authority may contract with
the governing body of a county or { + the governing bodies
of + } two or more counties, if the counties have joined together
as a consortium or region, for implementing the statewide
diversion plan, which may include juvenile parole and probation
services or out-of-home placement. { + When the governing body
of a county or the governing bodies of a group of counties desire
to contract with the youth authority under this section but the
youth authority declines to contract with the county or group of
counties, the youth authority and the governing body of the
county or the governing bodies of the group of counties shall
participate in mediation under ORS 36.220 to 36.238. + }
(b) A county or { + group of + } counties that
{ - contract - } { + contracts + } with the Oregon Youth
Authority under this section shall have access to a continuum of
out-of-home placement options including, but not limited to,
youth correction facilities, youth care centers, foster care and
private placements. Participating counties { + or groups of
counties + } shall be ensured access to an equitable share of
out-of-home placements.
(c) A county or { + group of + } counties that
{ - contract - } { + contracts + } with the Oregon Youth
Authority under this section { - have - } { + has + } the
responsibility for parole decisions regarding youths from the
county or { + group of + } counties committed to youth
correction facilities. In the event that a county or { + group
of + } counties { - are - } { + is + } operating over the
allocated youth correction facility cap, the youth authority may
assume parole authority until the { - county - } population is
at the cap.
(d) The state and county may agree that the governing body of
the county or { + the governing bodies of a group of + }
counties may subcontract for services or that the state will
provide services or that the county or { + group of + } counties
may subcontract for some services and the state provide other
services as stipulated in the contract with the youth authority.
(e) When services previously provided by the Oregon Youth
Authority { - transfer - } { + are transferred + } to
{ + the responsibility of + }a county or { + group of + }
counties, { + the + } terms of the contract must include, but
need not be limited to, { + either + } the actual cost of
employee salaries, benefits and other payroll expenses, plus
support costs necessary for the transferred positions { + , or a
specific allocation that is equivalent to the actual cost of
providing the transferred services + }.
(f) The youth authority is responsible for performance auditing
of contracts and subcontracts.
(g) The youth authority shall contract directly with service
providers in those counties where the governing body of the
county or { + the governing bodies of a group of + } counties
{ - chooses - } { + choose + } not to contract with the youth
authority.
(h) The funds provided to implement the diversion plan or
provide for out-of-home placement or parole and probation
services shall not be used by a county to supplant moneys
otherwise provided to the county juvenile department for services
to delinquent youth.
(2)(a) Unless otherwise provided in the contract, a county
{ + or a group of counties + } that is contracting with the
youth authority under subsection (1) of this section shall
supervise state { + and county + } employees providing parole
and probation services within the county { + or group of
counties + }.
(b) Subject to a collective bargaining agreement, { + when a
county or group of counties supervises a state employee, + }
supervision under this subsection includes discipline,
performance evaluation, training and all other functions
previously carried out by state employed supervisors.
{ + (c) If a state employee is not transferred to the
employment of a county or group of counties under this section,
the provisions of ORS 236.605 to 236.640 do not apply. + }
SECTION 5. ORS 420.045 is amended to read:
420.045. (1) Upon finding that a youth offender placed in a
youth correction facility is ready for release therefrom and that
the youth offender had best be returned to the parent or guardian
of the youth offender or to a suitable and desirable home or
facility, the Director of the Oregon Youth Authority may, after
advising the committing court, release the youth offender on
parole conditioned upon good behavior.
(2) At such time as the Director of the Oregon Youth Authority
finds that final release is compatible with the safety of the
community and the best interests of the youth offender, with the
consent of the committing court, the Director of the Oregon Youth
Authority may make and issue a final order discharging the youth
offender.
(3) The Director of the Oregon Youth Authority { + or a county
or group of counties that has contracted with the youth authority
pursuant to ORS 420.019 or 420A.010 (6) + } may revoke a parole
if the conditions of the parole have been violated or if the
continuation of the youth offender on parole would not be in the
best interests of the youth offender or the community. After the
revocation of parole, the Director of the Oregon Youth Authority
{ + or the county or group of counties + } shall immediately
advise the committing court
{ - thereof - } { + of the revocation of parole + }.
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