Bill Text: OR HB3066 | 2011 | Regular Session | Enrolled
Bill Title: Relating to collection of restitution; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-02 - Chapter 670, (2011 Laws): Effective date August 2, 2011. [HB3066 Detail]
Download: Oregon-2011-HB3066-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3066
Sponsored by Representative BARKER (at the request of Department
of Justice)
CHAPTER ................
AN ACT
Relating to collection of restitution; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Department of Justice shall establish a
restitution collection pilot program in geographically dispersed
counties or regions of this state to increase the collection of
restitution ordered under ORS 137.106 and 137.107.
(2)(a) The department shall make grants from the Restitution
Collection Pilot Program Fund established under section 2 of this
2011 Act to enable the district attorney's office of each county,
or a district attorney's office located in a region,
participating in the pilot program to employ at least one
restitution clerk on at least a part-time basis.
(b) In addition to the grants required under paragraph (a) of
this subsection, the department may make grants from the fund to
fund other positions, activities and expenses related to the
collection of restitution.
(3)(a) Each restitution clerk shall:
(A) Investigate evidence of the nature and amount of the
damages suffered by victims of crime pursuant to ORS 137.106;
(B) Investigate and compile information regarding the
defendant's ability to pay restitution; and
(C) Provide the evidence and information obtained pursuant to
this paragraph to the prosecuting attorney before any hearing on
the issue of restitution.
(b) Pursuant to section 42, Article I of the Oregon
Constitution, and ORS 137.106, the district attorney shall
present the information and evidence obtained by the restitution
clerk to the court.
(c) The recipient of a grant made pursuant to subsection (2) of
this section is authorized to perform the activities set out in
the grant agreement and in rules adopted by the department
pursuant to this section.
(4)(a) The department shall employ and assign collection agents
to each county or region participating in the restitution
collection pilot program.
(b) Each collection agent shall:
(A) Notwithstanding ORS 137.118, conduct collections and
collection investigation work to collect restitution from
offenders and liable third parties;
Enrolled House Bill 3066 (HB 3066-B) Page 1
(B) Coordinate the collection investigation work with the
respective restitution clerk in the participating county or
region; and
(C) Be available to present the results of the collection
investigation work in judicial proceedings, including sentencing
hearings, parole revocation hearings, judgment debtor
examinations and contempt proceedings.
(5) The department shall adopt rules to carry out the
provisions of this section. + }
SECTION 2. { + There is established in the State Treasury,
separate and distinct from the General Fund, the Restitution
Collection Pilot Program Fund. All moneys in the fund are
continuously appropriated to the Department of Justice to carry
out the provisions of section 1 of this 2011 Act. + }
SECTION 3. { + (1) There is appropriated to the Department of
Justice, out of the Criminal Injuries Compensation Account
established under ORS 147.225, the amount of $1,800,000, to be
deposited in the Restitution Collection Pilot Program Fund
established under section 2 of this 2011 Act, for the purpose of
carrying out the provisions of section 1 of this 2011 Act.
(2) Of the moneys deposited in the Restitution Collection Pilot
Program Fund under this section, the department shall expend at
least $800,000 during the 2011-2013 biennium to make grants under
section 1 (2) of this 2011 Act. + }
SECTION 4. { + (1) The Department of Justice shall maintain
records of the amounts of monetary obligations imposed on and
collected from defendants in counties or regions in which
restitution clerks and collection agents are employed pursuant to
section 1 of this 2011 Act.
(2) Not later than January 1, 2012, the Department of Justice
and the Judicial Department shall enter into an agreement to
carry out the provisions of this 2011 Act.
(3) The Department of Justice and the Judicial Department shall
each submit two reports to the Legislative Assembly, as provided
in ORS 192.245, on the status of the restitution collection pilot
program. The first report shall be submitted not later than
February 4, 2013, and the second report shall be submitted not
later than February 3, 2014.
(4) The Department of Justice may seek from the Legislative
Assembly an amount that is equal to the amounts described in
subsection (1) of this section but that does not exceed
$1,800,000. + }
SECTION 5. { + (1) Sections 1 to 4 of this 2011 Act are
repealed on July 1, 2014.
(2) Unobligated moneys in the Restitution Collection Pilot
Program Fund on July 1, 2014, revert to the Criminal Injuries
Compensation Account.
(3) The repeal of sections 1 to 4 of this 2011 Act by this
section does not affect the validity of judgments for restitution
that remain unfulfilled on July 1, 2014. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled House Bill 3066 (HB 3066-B) Page 2
Passed by House June 23, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 28, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3066 (HB 3066-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3066 (HB 3066-B) Page 4
