Bill Text: OR HB3066 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to HB 3066

LC 3511/HB 3066-5

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3066

                    By COMMITTEE ON JUDICIARY

                             April 4

  On page 1 of the printed bill, delete lines 4 through 24.
  On page 2, delete lines 1 through 35 and insert:
  '  { +  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;
  ' (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. + }  { + Moneys paid by defendants in
counties or regions in which restitution clerks and collection
agents employed pursuant to section 1 of this 2011 Act have
participated must be distributed as provided in ORS 137.295,
except that after the total of category 1 obligations are paid,
the 50 percent that ordinarily would be credited to category 3
must be paid:
  ' (1) Into the Criminal Injuries Compensation Account
established under ORS 147.225 until the full amount of the
appropriation made under section 3 of this 2011 Act is repaid.
  ' (2) As provided in ORS 137.295, after the full amount of the
appropriation made under section 3 of this 2011 Act is
repaid. + }
  '  { +  SECTION 5. + }  { + (1) Sections 1 to 4 of this 2011
Act are repealed on January 2, 2014.
  ' (2) Unobligated moneys in the Restitution Collection Pilot
Program Fund on January 2, 2014, revert to the General Fund.
  ' (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 January 2, 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. + } ' .
                         ----------