Bill Text: OR HB3194 | 2013 | Regular Session | Amended

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

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Bill Title: Relating to crime; appropriating money; declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-07-25 - Chapter 649, (2013 Laws): Effective date July 25, 2013. [HB3194 Detail]

Download: Oregon-2013-HB3194-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 3194

LC 3274/HB 3194-15

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3194

               By JOINT COMMITTEE ON PUBLIC SAFETY

                             June 25

  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and delete lines 3 through 7.
  On page 2, delete line 1 and insert '40.015, 137.540, 137.717,
144.096, 144.101, 144.106, 166.065, 173.029, 182.515, 182.525,
184.351, 421.168, 423.483, 475.900 and 811.182; repealing ORS
475.933 and sections 22 and 23, chapter 660, Oregon Laws 2009;
appropriating money; and declaring an emergency.
  ' Whereas the Seventy-seventh Legislative Assembly finds that a
commitment to investing in local public safety infrastructure
will ensure that the State of Oregon continues to focus prison
resources on violent offenders while protecting the public and
holding all offenders accountable; and
  ' Whereas the State of Oregon has led the nation by
implementing evidence-based community supervision practices that
are cost-effective and reduce recidivism; and
  ' Whereas increasing investments in local law enforcement
agencies, community correction agencies, victims' services and
specialty courts will provide local communities with the
resources necessary to hold offenders accountable and reduce
future criminal conduct; and
  ' Whereas the State of Oregon can maintain an effective and
sustainable public safety system by directing savings that result
from averted prison growth toward investments in our local
communities; and
  ' Whereas the passage of this 2013 Act will allow the
Seventy-seventh Legislative Assembly to invest in our local
communities by upgrading our existing local public safety
infrastructure; and
  ' Whereas the Seventy-seventh Legislative Assembly declares
that future savings resulting from the passage of this 2013 Act
must continue to be invested in our local public safety systems;
now, therefore,'.
  Delete lines 3 through 45 and delete pages 3 through 54 and
insert:

                                '
 { +  MARIJUANA OFFENSES + }

  '  { +  SECTION 1. + } ORS 475.900 is amended to read:
  ' 475.900. (1) A violation of ORS 475.752, 475.806 to 475.894,
475.904 or 475.906 shall be classified as crime category 8 of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission if:
  ' (a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
  ' (A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
  ' (B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
  ' (C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers or salts
of its isomers;
  '  { - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
  '  { - (E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
  '  { - (F) - }   { + (D) + } Two hundred or more user units of
a mixture or substance containing a detectable amount of lysergic
acid diethylamide;
  '  { - (G) - }   { + (E) + } Sixty grams or more of a mixture
or substance containing a detectable amount of psilocybin or
psilocin; or
  '  { - (H) - }   { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
  ' (i) 3,4-methylenedioxyamphetamine;
  ' (ii) 3,4-methylenedioxymethamphetamine; or
  ' (iii) 3,4-methylenedioxy-N-ethylamphetamine.
  ' (b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a commercial drug offense. A
possession, delivery or manufacture is a commercial drug offense
for purposes of this subsection if it is accompanied by at least
three of the following factors:
  ' (A) The delivery was of heroin, cocaine,   { - hashish,
marijuana, - }  methamphetamine, lysergic acid diethylamide,
psilocybin or psilocin and was for consideration;
  ' (B) The offender was in possession of $300 or more in cash;
  ' (C) The offender was unlawfully in possession of a firearm or
other weapon as described in ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 for the purpose of using it in connection
with a controlled substance offense;
  ' (D) The offender was in possession of materials being used
for the packaging of controlled substances such as scales,
wrapping or foil, other than the material being used to contain
the substance that is the subject of the offense;
  ' (E) The offender was in possession of drug transaction
records or customer lists;
  ' (F) The offender was in possession of stolen property;
  ' (G) Modification of structures by painting, wiring, plumbing
or lighting to facilitate a controlled substance offense;
  ' (H) The offender was in possession of manufacturing
paraphernalia, including recipes, precursor chemicals, laboratory
equipment, lighting, ventilating or power generating equipment;
  ' (I) The offender was using public lands for the manufacture
of controlled substances;
  ' (J) The offender had constructed fortifications or had taken
security measures with the potential of injuring persons; or
  ' (K) The offender was in possession of controlled substances
in an amount greater than:
  ' (i) Three grams or more of a mixture or substance containing
a detectable amount of heroin;
  ' (ii) Eight grams or more of a mixture or substance containing
a detectable amount of cocaine;
  ' (iii) Eight grams or more of a mixture or substance
containing a detectable amount of methamphetamine;
  '  { - (iv) Eight grams or more of a mixture or substance
containing a detectable amount of hashish; - }
  '  { - (v) One hundred ten grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
  '  { - (vi) - }   { + (iv) + } Twenty or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
  '  { - (vii) - }   { + (v) + } Ten grams or more of a mixture
or substance containing a detectable amount of psilocybin or
psilocin; or
  '  { - (viii) - }   { + (vi) + } Four grams or more or 20 or
more pills, tablets or capsules of a mixture or substance
containing a detectable amount of:
  ' (I) 3,4-methylenedioxyamphetamine;
  ' (II) 3,4-methylenedioxymethamphetamine; or
  ' (III) 3,4-methylenedioxy-N-ethylamphetamine.
  ' (c) The violation constitutes a violation of ORS 475.848,
475.852,   { - 475.858, - }  475.862, 475.868, 475.872, 475.878,
475.882, 475.888, 475.892 or 475.904.
  ' (d) The violation constitutes manufacturing methamphetamine
and the manufacturing consists of:
  ' (A) A chemical reaction involving one or more precursor
substances for the purpose of manufacturing methamphetamine; or
  ' (B) Grinding, soaking or otherwise breaking down a precursor
substance for the purpose of manufacturing methamphetamine.
  ' (e) The violation constitutes a violation of ORS 475.860
(4)(a) or  { + a violation of ORS  + }475.906 (1) or (2) { +
that is not described in ORS 475.907 + }.
  ' (2) A violation of ORS 475.752 or 475.806 to 475.894 shall be
classified as crime category 6 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission if:
  ' (a) The violation constitutes delivery of heroin, cocaine,
methamphetamine or 3,4-methylenedioxyamphetamine,
3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
  ' (b) The violation constitutes possession of:
  ' (A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
  ' (B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
  ' (C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
  '  { - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
  '  { - (E) One hundred fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
  '  { - (F) - }   { + (D) + } Two hundred or more user units of
a mixture or substance containing a detectable amount of lysergic
acid diethylamide;
  '  { - (G) - }   { + (E) + } Sixty grams or more of a mixture
or substance containing a detectable amount of psilocybin or
psilocin; or
  '  { - (H) - }   { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
  ' (i) 3,4-methylenedioxyamphetamine;
  ' (ii) 3,4-methylenedioxymethamphetamine; or
  ' (iii) 3,4-methylenedioxy-N-ethylamphetamine.
  ' (3) Any felony violation of ORS 475.752 or 475.806 to 475.894
not contained in subsection (1) or (2) of this section shall be
classified as:
  ' (a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
  ' (b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
  ' (4) In order to prove a commercial drug offense, the state
shall plead in the accusatory instrument sufficient factors of a
commercial drug offense under subsections (1) and (2) of this
section. The state has the burden of proving each factor beyond a
reasonable doubt.
  ' (5) As used in this section, 'mixture or substance' means any
mixture or substance, whether or not the mixture or substance is
in an ingestible or marketable form at the time of the offense.
  '  { +  SECTION 2. + }  { + (1) The amendments to ORS 475.900
by section 1 of this 2013 Act apply to sentences imposed on or
after August 1, 2013.
  ' (2) Notwithstanding subsection (1) of this section, the
amendments to ORS 475.900 by section 1 of this 2013 Act do not
apply to persons who were originally sentenced before August 1,
2013, and who are subsequently resentenced on or after August 1,
2013, as the result of an appellate decision or a post-conviction
relief proceeding or for any other reason. + }

                                '
 { +  CRIMINAL DRIVING WHILE SUSPENDED OR REVOKED + }

  '  { +  SECTION 3. + } ORS 811.182 is amended to read:
  ' 811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
  ' (2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
  ' (3) The offense described in this section, criminal driving
while suspended or revoked, is a Class B felony if the suspension
or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide or aggravated driving
while suspended or revoked or if the revocation resulted from a
conviction for felony driving while under the influence of
intoxicants.
  ' (4) The offense described in this section, criminal driving
while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
  ' (a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
  ' (b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
  ' (c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
  ' (A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
  ' (B) 0.04 percent or more by weight if the person was driving
a commercial motor vehicle; or
  ' (C) Any amount if the person was under 21 years of age.
  ' (d) A suspension of a commercial driver license under ORS
809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor
vehicle.
  ' (e) A suspension of a commercial driver license under ORS
809.413 (12) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.

  ' (f) A suspension of a commercial driver license under ORS
809.404.
  ' (g) A revocation resulting from habitual offender status
under ORS 809.640.
  ' (h) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
  ' (i) A suspension for failure to perform the duties of a
driver under ORS 811.705.
  ' (j) A suspension for reckless driving under ORS 811.140.
  ' (k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
  ' (L) A suspension or revocation resulting from misdemeanor
driving while under the influence of intoxicants under ORS
813.010.
  ' (m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
  ' (5) In addition to any other sentence that may be imposed, if
a person is convicted of the offense described in this section
and the underlying suspension resulted from driving while under
the influence of intoxicants, the court shall impose a minimum
fine of at least $1,000 if it is the person's first conviction
for criminal driving while suspended or revoked and a minimum
fine of at least $2,000 if it is the person's second or
subsequent conviction.
  ' (6) { + (a) + } The Oregon Criminal Justice Commission shall
classify a violation of this section that is a felony as crime
category   { - 6 - }  { +  4 + } of the rules of the   { - Oregon
Criminal Justice - } commission.
  '  { +  (b) Notwithstanding paragraph (a) of this subsection,
the commission shall classify a violation of this section that is
a felony as crime category 6 of the rules of the commission, if
the suspension or revocation resulted from:
  ' (A) Any degree of murder, manslaughter or criminally
negligent homicide or an assault that causes serious physical
injury, resulting from the operation of a motor vehicle; or
  ' (B) Aggravated vehicular homicide or aggravated driving while
suspended or revoked. + }
  '  { +  SECTION 4. + }  { + (1) The amendments to ORS 811.182
by section 3 of this 2013 Act apply to sentences imposed on or
after August 1, 2013.
  ' (2) Notwithstanding subsection (1) of this section, the
amendments to ORS 811.182 by section 3 of this 2013 Act do not
apply to persons who were originally sentenced before August 1,
2013, and who are subsequently resentenced on or after August 1,
2013, as the result of an appellate decision or a post-conviction
relief proceeding or for any other reason. + }

                                '
 { +  MEASURE 57 + }
                               { +
AUGUST 1, 2013 - JULY 1, 2023 + }

  '  { +  SECTION 5. + } ORS 137.717 is amended to read:
  ' 137.717. (1) When a court sentences a person convicted of:
  ' (a) Aggravated theft in the first degree under ORS 164.057,
burglary in the first degree under ORS 164.225  { - , robbery in
the third degree under ORS 164.395, identity theft under ORS
165.800 - } or aggravated identity theft under ORS 165.803, the
presumptive sentence is 24 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
  ' (A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, burglary in the first degree under ORS
164.225, robbery in the third degree under ORS 164.395, robbery
in the second degree under ORS 164.405, robbery in the first
degree under ORS 164.415 or aggravated identity theft under ORS
165.803;
  ' (B) Two or more previous convictions for any combination of
the crimes listed in subsection (2) of this section; or
  ' (C) A previous conviction for a crime listed in subsection
(2) of this section, if the current crime of conviction was
committed while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous conviction.
  ' (b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, mail theft or receipt of
stolen mail under ORS 164.162, burglary in the second degree
under ORS 164.215, criminal mischief in the first degree under
ORS 164.365, computer crime under ORS 164.377,  { + robbery in
the third degree under ORS 164.395, + } forgery in the first
degree under ORS 165.013, criminal possession of a forged
instrument in the first degree under ORS 165.022, fraudulent use
of a credit card under ORS 165.055 (4)(b),  { + identity theft
under ORS 165.800, + } possession of a stolen vehicle under ORS
819.300 or trafficking in stolen vehicles under ORS 819.310, the
presumptive sentence is 18 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
  ' (A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, unauthorized use of a vehicle under ORS
164.135, burglary in the first degree under ORS 164.225, robbery
in the third degree under ORS 164.395, robbery in the second
degree under ORS 164.405, robbery in the first degree under ORS
164.415, possession of a stolen vehicle under ORS 819.300,
trafficking in stolen vehicles under ORS 819.310 or aggravated
identity theft under ORS 165.803;
  ' (B) Two or more previous convictions for any combination of
the crimes listed in subsection (2) of this section; or
  ' (C) A previous conviction for a crime listed in subsection
(2) of this section, if the current crime of conviction was
committed while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous conviction.
  ' (2) The crimes to which subsection (1) of this section
applies are:
  ' (a) Theft in the second degree under ORS 164.045;
  ' (b) Theft in the first degree under ORS 164.055;
  ' (c) Aggravated theft in the first degree under ORS 164.057;
  ' (d) Unauthorized use of a vehicle under ORS 164.135;
  ' (e) Mail theft or receipt of stolen mail under ORS 164.162;
  ' (f) Burglary in the second degree under ORS 164.215;
  ' (g) Burglary in the first degree under ORS 164.225;
  ' (h) Criminal mischief in the second degree under ORS 164.354;
  ' (i) Criminal mischief in the first degree under ORS 164.365;
  ' (j) Computer crime under ORS 164.377;
  ' (k) Forgery in the second degree under ORS 165.007;
  ' (L) Forgery in the first degree under ORS 165.013;
  ' (m) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
  ' (n) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
  ' (o) Fraudulent use of a credit card under ORS 165.055;
  ' (p) Identity theft under ORS 165.800;
  ' (q) Possession of a stolen vehicle under ORS 819.300;
  ' (r) Trafficking in stolen vehicles under ORS 819.310; and
  ' (s) Any attempt to commit a crime listed in this subsection.
  ' (3)(a) A presumptive sentence described in subsection (1) of
this section shall be increased by two months for each previous
conviction the person has that:

  ' (A) Was for any of the crimes listed in subsection (1) or (2)
of this section; and
  ' (B) Was not used as a predicate for the presumptive sentence
described in subsection (1) of this section.
  ' (b) Previous convictions may not increase a presumptive
sentence described in subsection (1) of this section by more than
12 months under this subsection.
  ' (4) The court may impose a sentence other than the sentence
provided by subsection (1) or (3) of this section if the court
imposes:
  ' (a) A longer term of incarceration that is otherwise required
or authorized by law; or
  ' (b) A departure sentence authorized by the rules of the
Oregon Criminal Justice Commission based upon findings of
substantial and compelling reasons. Unless the law or the rules
of the Oregon Criminal Justice Commission allow for imposition of
a longer sentence, the maximum departure allowed for a person
sentenced under this subsection is double the presumptive
sentence provided in subsection (1) or (3) of this section.
  ' (5) Notwithstanding subsection (4)(b) of this section, the
court may not sentence a person under subsection (4) of this
section to a term of incarceration that exceeds the period of
time described in ORS 161.605.
  ' (6) The court shall sentence a person under this section to
at least the presumptive sentence described in subsection (1) or
(3) of this section, unless the parties stipulate otherwise or
the court finds that:
  ' (a) The person was not on probation, parole or post-prison
supervision for a crime listed in subsection (1) of this section
at the time of the commission of the current crime of conviction;
  ' (b) The person has not previously received a downward
departure from a presumptive sentence for a crime listed in
subsection (1) of this section;
  ' (c) The harm or loss caused by the crime is not greater than
usual for that type of crime; and
  ' (d) In consideration of the nature of the offense and the
harm to the victim, a downward departure will:
  ' (A) Increase public safety;
  ' (B) Enhance the likelihood that the person will be
rehabilitated; and
  ' (C) Not unduly reduce the appropriate punishment.
  ' (7)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
of sentence in open court. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.
  ' (b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
  ' (8) For purposes of this section, previous convictions must
be proven pursuant to ORS 137.079.
  ' (9) As used in this section:
  ' (a) 'Downward departure' means a downward dispositional
departure or a downward durational departure under the rules of
the Oregon Criminal Justice Commission.
  ' (b) 'Previous conviction' includes:
  ' (A) Convictions occurring before, on or after July 1, 2003;
and
  ' (B) Convictions entered in any other state or federal court
for comparable offenses.
  '  { +  SECTION 6. + }  { + (1) The amendments to ORS 137.717
by section 5 of this 2013 Act apply to sentences imposed on or
after August 1, 2013.
  ' (2) Notwithstanding subsection (1) of this section, the
amendments to ORS 137.717 by section 5 of this 2013 Act do not
apply to persons who were originally sentenced before August 1,
2013, and who are subsequently resentenced on or after August 1,
2013, as the result of an appellate decision or a post-conviction
relief proceeding or for any other reason. + }
  '  { +  SECTION 7. + } ORS 137.717, as amended by section 5 of
this 2013 Act, is amended to read:
  ' 137.717. (1) When a court sentences a person convicted of:
  ' (a) Aggravated theft in the first degree under ORS 164.057,
burglary in the first degree under ORS 164.225 { + , robbery in
the third degree under ORS 164.395, identity theft under ORS
165.800 + } or aggravated identity theft under ORS 165.803, the
presumptive sentence is 24 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
  ' (A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, burglary in the first degree under ORS
164.225, robbery in the third degree under ORS 164.395, robbery
in the second degree under ORS 164.405, robbery in the first
degree under ORS 164.415 or aggravated identity theft under ORS
165.803;
  ' (B) Two or more previous convictions for any combination of
the crimes listed in subsection (2) of this section; or
  ' (C) A previous conviction for a crime listed in subsection
(2) of this section, if the current crime of conviction was
committed while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous conviction.
  ' (b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, mail theft or receipt of
stolen mail under ORS 164.162, burglary in the second degree
under ORS 164.215, criminal mischief in the first degree under
ORS 164.365, computer crime under ORS 164.377,   { - robbery in
the third degree under ORS 164.395, - }  forgery in the first
degree under ORS 165.013, criminal possession of a forged
instrument in the first degree under ORS 165.022, fraudulent use
of a credit card under ORS 165.055 (4)(b),   { - identity theft
under ORS 165.800, - } possession of a stolen vehicle under ORS
819.300 or trafficking in stolen vehicles under ORS 819.310, the
presumptive sentence is 18 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
  ' (A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, unauthorized use of a vehicle under ORS
164.135, burglary in the first degree under ORS 164.225, robbery
in the third degree under ORS 164.395, robbery in the second
degree under ORS 164.405, robbery in the first degree under ORS
164.415, possession of a stolen vehicle under ORS 819.300,
trafficking in stolen vehicles under ORS 819.310 or aggravated
identity theft under ORS 165.803;
  ' (B) Two or more previous convictions for any combination of
the crimes listed in subsection (2) of this section; or
  ' (C) A previous conviction for a crime listed in subsection
(2) of this section, if the current crime of conviction was
committed while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous conviction.
  ' (2) The crimes to which subsection (1) of this section
applies are:
  ' (a) Theft in the second degree under ORS 164.045;
  ' (b) Theft in the first degree under ORS 164.055;
  ' (c) Aggravated theft in the first degree under ORS 164.057;
  ' (d) Unauthorized use of a vehicle under ORS 164.135;
  ' (e) Mail theft or receipt of stolen mail under ORS 164.162;
  ' (f) Burglary in the second degree under ORS 164.215;
  ' (g) Burglary in the first degree under ORS 164.225;
  ' (h) Criminal mischief in the second degree under ORS 164.354;
  ' (i) Criminal mischief in the first degree under ORS 164.365;
  ' (j) Computer crime under ORS 164.377;
  ' (k) Forgery in the second degree under ORS 165.007;
  ' (L) Forgery in the first degree under ORS 165.013;
  ' (m) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
  ' (n) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
  ' (o) Fraudulent use of a credit card under ORS 165.055;
  ' (p) Identity theft under ORS 165.800;
  ' (q) Possession of a stolen vehicle under ORS 819.300;
  ' (r) Trafficking in stolen vehicles under ORS 819.310; and
  ' (s) Any attempt to commit a crime listed in this subsection.
  ' (3)(a) A presumptive sentence described in subsection (1) of
this section shall be increased by two months for each previous
conviction the person has that:
  ' (A) Was for any of the crimes listed in subsection (1) or (2)
of this section; and
  ' (B) Was not used as a predicate for the presumptive sentence
described in subsection (1) of this section.
  ' (b) Previous convictions may not increase a presumptive
sentence described in subsection (1) of this section by more than
12 months under this subsection.
  ' (4) The court may impose a sentence other than the sentence
provided by subsection (1) or (3) of this section if the court
imposes:
  ' (a) A longer term of incarceration that is otherwise required
or authorized by law; or
  ' (b) A departure sentence authorized by the rules of the
Oregon Criminal Justice Commission based upon findings of
substantial and compelling reasons. Unless the law or the rules
of the Oregon Criminal Justice Commission allow for imposition of
a longer sentence, the maximum departure allowed for a person
sentenced under this subsection is double the presumptive
sentence provided in subsection (1) or (3) of this section.
  ' (5) Notwithstanding subsection (4)(b) of this section, the
court may not sentence a person under subsection (4) of this
section to a term of incarceration that exceeds the period of
time described in ORS 161.605.
  ' (6) The court shall sentence a person under this section to
at least the presumptive sentence described in subsection (1) or
(3) of this section, unless the parties stipulate otherwise or
the court finds that:
  ' (a) The person was not on probation, parole or post-prison
supervision for a crime listed in subsection (1) of this section
at the time of the commission of the current crime of conviction;
  ' (b) The person has not previously received a downward
departure from a presumptive sentence for a crime listed in
subsection (1) of this section;
  ' (c) The harm or loss caused by the crime is not greater than
usual for that type of crime; and
  ' (d) In consideration of the nature of the offense and the
harm to the victim, a downward departure will:
  ' (A) Increase public safety;
  ' (B) Enhance the likelihood that the person will be
rehabilitated; and
  ' (C) Not unduly reduce the appropriate punishment.
  ' (7)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
of sentence in open court. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.
  ' (b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
  ' (8) For purposes of this section, previous convictions must
be proven pursuant to ORS 137.079.
  ' (9) As used in this section:
  ' (a) 'Downward departure' means a downward dispositional
departure or a downward durational departure under the rules of
the Oregon Criminal Justice Commission.
  ' (b) 'Previous conviction' includes:
  ' (A) Convictions occurring before, on or after July 1, 2003;
and
  ' (B) Convictions entered in any other state or federal court
for comparable offenses.
  '  { +  SECTION 8. + }  { + (1) The amendments to ORS 137.717
by section 7 of this 2013 Act become operative on July 1, 2023.
  ' (2) The amendments to ORS 137.717 by section 7 of this 2013
Act apply to crimes committed on or after July 1, 2023. + }
  '  { +  SECTION 9. + }  { + ORS 475.933 is repealed. + }
  '  { +  SECTION 10. + }  { + (1) The repeal of ORS 475.933 by
section 9 of this 2013 Act applies to sentences imposed on or
after August 1, 2013.
  ' (2) Notwithstanding subsection (1) of this section, the
repeal of ORS 475.933 by section 9 of this 2013 Act does not
apply to persons who were originally sentenced before August 1,
2013, and who are subsequently resentenced on or after August 1,
2013, as the result of an appellate decision or a post-conviction
relief proceeding or for any other reason. + }
  '  { +  SECTION 11. + }  { + (1) When a court sentences a
person convicted of a crime listed in subsection (2) of this
section, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a
downward durational departure under the rules of the Oregon
Criminal Justice Commission if the person has a previous
conviction for any of the crimes listed in subsection (2) of this
section.
  ' (2) The crimes to which subsection (1) of this section
applies are:
  ' (a) Manufacture or delivery of a controlled substance, other
than marijuana, under ORS 475.752 (1);
  ' (b) Creation or delivery of a counterfeit substance, other
than marijuana, under ORS 475.752 (2);
  ' (c) Manufacture or delivery of heroin under ORS 475.846,
475.848, 475.850 or 475.852;
  ' (d) Manufacture or delivery of
3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868,
475.870 or 475.872;
  ' (e) Manufacture or delivery of cocaine under ORS 475.876,
475.878, 475.880 or 475.882;
  ' (f) Manufacture or delivery of methamphetamine under ORS
475.886, 475.888, 475.890 or 475.892;
  ' (g) Manufacture or delivery of a controlled substance within
1,000 feet of a school under ORS 475.904;
  ' (h) Delivery of a controlled substance to a person under 18
years of age under ORS 475.906; and
  ' (i) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967.
  ' (3)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of sentence. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.

  ' (b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
  ' (4) For purposes of this section, previous convictions must
be proven pursuant to ORS 137.079.
  ' (5) As used in this section, 'previous conviction' includes
convictions entered in any other state or federal court for
comparable offenses. + }
  '  { +  SECTION 12. + }  { + (1) Section 11 of this 2013 Act
becomes operative on July 1, 2023.
  ' (2) Section 11 of this 2013 Act applies to crimes committed
on or after July 1, 2023. + }

                                '
 { +  TRANSITIONAL LEAVE + }
                               { +
AUGUST 1, 2013 - JULY 1, 2023 + }

  '  { +  SECTION 13. + } ORS 421.168 is amended to read:
  ' 421.168. (1) The   { - Director of the - }  Department of
Corrections shall establish   { - by rule - }  a short-term
transitional leave program. The program shall provide inmates
with an opportunity to secure appropriate transitional support
when necessary for successful reintegration into the community
prior to the inmate's discharge to post-prison supervision.
  ' (2)   { - An inmate may submit a transition plan to the
Department of Corrections. The plan shall indicate that the
inmate has secured - }   { + The Department of Corrections shall
identify each inmate who is eligible for the short-term
transitional leave program and shall, in conjunction with the
supervisory authority for the county to which the inmate will be
released, assist each eligible inmate in preparing a transition
plan and in identifying and applying for  + }an employment,
educational or other transitional opportunity in the community
 { - to which the offender will be released and that a leave of
up to 30 days is an essential part of the offender's successful
reintegration into the community - } .
  ' (3)   { - Upon verification of - }   { + If + } the inmate's
transition plan  { +  is approved by the department and is an
essential part of the inmate's successful reintegration into the
community + }, the department may grant a transitional leave no
more than   { - 30 - }   { + 90 + } days prior to the inmate's
discharge date.
  ' (4)   { - No inmate shall be - }   { + An inmate is not + }
eligible for transitional leave before having served six months
of prison incarceration.
  ' (5) The department shall   { - establish by rule - }
 { + adopt rules to carry out the provisions of this section. The
rules must include + } a set of release conditions for
 { - offenders - }   { + inmates  + }released on transitional
leave status. An   { - offender - }   { + inmate + } on
transitional leave status   { - shall be - }  { +  is + } subject
to immediate return to prison for any violation of the conditions
of release.
  ' (6) The provisions of this section do not apply to inmates
whose sentences were imposed under ORS 137.635 { + , 137.700 or
137.707 or any other provision of law that prohibits release on
any form of temporary leave from custody + }.
  '  { +  SECTION 14. + }  { + (1) The amendments to ORS 421.168
by section 13 of this 2013 Act apply to sentences imposed on or
after August 1, 2013.
  ' (2) Notwithstanding subsection (1) of this section, the
amendments to ORS 421.168 by section 13 of this 2013 Act do not
apply to persons who were originally sentenced before August 1,
2013, and who are subsequently resentenced on or after August 1,
2013, as the result of an appellate decision or a post-conviction
proceeding or for any other reason. + }
  '  { +  SECTION 15. + } ORS 421.168, as amended by section 13
of this 2013 Act, is amended to read:
  ' 421.168. (1) The Department of Corrections shall establish a
short-term transitional leave program. The program shall provide
inmates with an opportunity to secure appropriate transitional
support when necessary for successful reintegration into the
community prior to the inmate's discharge to post-prison
supervision.
  ' (2) The Department of Corrections shall identify each inmate
who is eligible for the short-term transitional leave program and
shall, in conjunction with the supervisory authority for the
county to which the inmate will be released, assist each eligible
inmate in preparing a transition plan and in identifying and
applying for an employment, educational or other transitional
opportunity in the community.
  ' (3) If the inmate's transition plan is approved by the
department and is an essential part of the inmate's successful
reintegration into the community, the department may grant a
transitional leave no more than   { - 90 - }   { + 30 + } days
prior to the inmate's discharge date.
  ' (4) An inmate is not eligible for transitional leave before
having served six months of prison incarceration.
  ' (5) The department shall adopt rules to carry out the
provisions of this section. The rules must include a set of
release conditions for inmates released on transitional leave
status. An inmate on transitional leave status is subject to
immediate return to prison for any violation of the conditions of
release.
  ' (6) The provisions of this section do not apply to inmates
whose sentences were imposed under ORS 137.635, 137.700 or
137.707 or any other provision of law that prohibits release on
any form of temporary leave from custody.
  '  { +  SECTION 16. + }  { + (1) The amendments to ORS 421.168
by section 15 of this 2013 Act become operative on July 1, 2023.
  ' (2) The amendments to ORS 421.168 by section 15 of this 2013
Act apply to crimes committed on or after July 1, 2023. + }

                                '
 { +  EARNED DISCHARGE + }

  '  { +  SECTION 17. + }  { + (1) A person convicted of a felony
and sentenced to probation or to the legal and physical custody
of the supervisory authority under ORS 137.124 (2) is eligible
for a reduction in the period of supervision for complying with
terms of supervision, including the payment of restitution and
participation in recidivism reduction programs.
  ' (2) The maximum amount of time credits earned under this
section may not exceed 50 percent of the period of supervision
imposed.
  ' (3) Time credits may not be used to shorten the period of
supervision to less than six months.
  ' (4)(a) The Department of Corrections shall adopt rules to
carry out the provisions of this section. The rules must
establish a process for granting, retracting and restoring time
credits earned under this section.
  ' (b) The supervisory authority shall comply with the rules
adopted under this section. + }
  '  { +  SECTION 18. + }  { + Sections 22 and 23, chapter 660,
Oregon Laws 2009, are repealed. + }
  '  { +  SECTION 19. + }  { + (1) Section 17 of this 2013 Act
and the repeal of sections 22 and 23, chapter 660, Oregon Laws
2009, by section 18 of this 2013 Act apply to sentences imposed
on or after August 1, 2013.

  ' (2) Notwithstanding subsection (1) of this section, section
17 of this 2013 Act and the repeal of sections 22 and 23, chapter
660, Oregon Laws 2009, by section 18 of this 2013 Act do not
apply to persons who were originally sentenced before August 1,
2013, and who are subsequently resentenced on or after August 1,
2013, as the result of an appellate decision or a post-conviction
relief proceeding or for any other reason. + }
  '  { +  SECTION 20. + } ORS 423.483 is amended to read:
  ' 423.483. (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.
  '  { +  (b) The baseline funding described in paragraph (a) of
this subsection:
  ' (A) May not be decreased as a result of time credits earned
under section 17 of this 2013 Act.
  ' (B) May not be increased as a result of community-based
sanctions, services and programs that are funded under section 53
of this 2013 Act. + }
  ' (2) If the total state community corrections appropriation is
less than the baseline calculated under subsection (1) of this
section, a county may discontinue participation by written
notification to the director 180 days prior to implementation of
the change. If a county discontinues participation, the
responsibility for correctional services transferred to the
county, and the portion of funding made available to the county
under ORS 423.530 reverts to the Department of Corrections. In no
case does responsibility for supervision and provision of
correctional services to misdemeanor offenders revert to the
department.
  ' (3) As used in this section, 'current service level' means
the calculated cost of continuing current legislatively funded
programs, phased in programs and increased caseloads minus
one-time costs, decreased caseloads, phased out programs and
pilot programs with the remainder adjusted for inflation as
determined by the Legislative Assembly in its biennial
appropriation to the Department of Corrections.
  '  { +  SECTION 21. + }  { + The amendments to ORS 423.483 by
section 20 of this 2013 Act become operative on July 1, 2015. + }
  '  { +  SECTION 22. + } ORS 423.483, as amended by section 20
of this 2013 Act, is amended to read:
  ' 423.483. (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.
  ' (b) The baseline funding described in paragraph (a) of this
subsection  { - : - }
  '  { - (A) - }  may not be decreased as a result of time
credits earned under section 17 of this 2013 Act.
  '  { - (B) May not be increased as a result of community-based
sanctions, services and programs that are funded under section 53
of this 2013 Act. - }
  ' (2) If the total state community corrections appropriation is
less than the baseline calculated under subsection (1) of this
section, a county may discontinue participation by written
notification to the director 180 days prior to implementation of
the change. If a county discontinues participation, the
responsibility for correctional services transferred to the
county, and the portion of funding made available to the county
under ORS 423.530 reverts to the Department of Corrections. In no
case does responsibility for supervision and provision of

correctional services to misdemeanor offenders revert to the
department.
  ' (3) As used in this section, 'current service level' means
the calculated cost of continuing current legislatively funded
programs, phased in programs and increased caseloads minus
one-time costs, decreased caseloads, phased out programs and
pilot programs with the remainder adjusted for inflation as
determined by the Legislative Assembly in its biennial
appropriation to the Department of Corrections.
  '  { +  SECTION 23. + }  { + The amendments to ORS 423.483 by
section 22 of this 2013 Act become operative on July 1, 2025. + }

                                '
 { +  PROBATION CONDITIONS + }

  '  { +  SECTION 24. + } ORS 137.540 is amended to read:
  ' 137.540. (1) The court may sentence the defendant to
probation subject to the following general conditions unless
specifically deleted by the court. The probationer shall:
  ' (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
  ' (b) Not use or possess controlled substances except pursuant
to a medical prescription.
  ' (c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
  '  { +  (d) Submit to a risk and needs assessment as directed
by the supervising officer; + }
  '  { - (d) - }   { + (e) + } Participate in a substance abuse
evaluation as directed by the supervising officer and follow the
recommendations of the evaluator if there are reasonable grounds
to believe there is a history of substance abuse.
  '  { - (e) - }   { + (f) + } Remain in the State of Oregon
until written permission to leave is granted by the Department of
Corrections or a county community corrections agency.
  '  { - (f) - }   { + (g) + } If physically able, find and
maintain gainful full-time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement
must be based on a finding by the court stating the reasons for
the waiver.
  '  { - (g) - }   { + (h) + } Change neither employment nor
residence without prior permission from the Department of
Corrections or a county community corrections agency.
  '  { - (h) - }   { + (i) + } Permit the parole and probation
officer to visit the probationer or the probationer's work site
or residence and to conduct a walk-through of the common areas
and of the rooms in the residence occupied by or under the
control of the probationer.
  '  { - (i) - }   { + (j)  + }Consent to the search of person,
vehicle or premises upon the request of a representative of the
supervising officer if the supervising officer has reasonable
grounds to believe that evidence of a violation will be found,
and submit to fingerprinting or photographing, or both, when
requested by the Department of Corrections or a county community
corrections agency for supervision purposes.
  '  { - (j) - }   { + (k) + } Obey all laws, municipal, county,
state and federal.
  '  { - (k) - }   { + (L) + } Promptly and truthfully answer all
reasonable inquiries by the Department of Corrections or a county
community corrections agency.
  '  { - (L) - }   { + (m) + } Not possess weapons, firearms or
dangerous animals.
  '  { - (m) - }   { + (n) + } If recommended by the supervising
officer, successfully complete a sex offender treatment program
approved by the supervising officer and submit to polygraph
examinations at the direction of the supervising officer if the
probationer:
  ' (A) Is under supervision for a sex offense under ORS 163.305
to 163.467;
  ' (B) Was previously convicted of a sex offense under ORS
163.305 to 163.467; or
  ' (C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
  '  { - (n) - }   { + (o)  + }Participate in a mental health
evaluation as directed by the supervising officer and follow the
recommendation of the evaluator.
  '  { - (o) - }   { + (p) + } Report as required and abide by
the direction of the supervising officer.
  '  { - (p) - }  { +  (q) + } If required to report as a sex
offender under ORS 181.596, report with the Department of State
Police, a city police department, a county sheriff's office or
the supervising agency:
  ' (A) When supervision begins;
  ' (B) Within 10 days of a change in residence;
  ' (C) Once each year within 10 days of the probationer's date
of birth;
  ' (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  ' (E) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education.
  ' (2) In addition to the general conditions, the court may
impose any special conditions of probation that are reasonably
related to the crime of conviction or the needs of the
probationer for the protection of the public or reformation of
the probationer, or both, including, but not limited to, that the
probationer shall:
  ' (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
  ' (b) For felonies committed on or after November 1, 1989
 { - , - }  { + :
  ' (A) + } Be confined in the county jail, or be subject to
other custodial sanctions under community supervision, or both,
as provided by rules of the Oregon Criminal Justice Commission
 { - . - }  { + ; and
  ' (B) Comply with any special conditions of probation that are
imposed by the supervising officer in accordance with subsection
(8) of this section. + }
  ' (c) For crimes committed on or after December 5, 1996, sell
any assets of the probationer as specifically ordered by the
court in order to pay restitution.
  ' (3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
  ' (a) 'Dwelling' has the meaning given that term in ORS
469B.100.
  ' (b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
  ' (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  ' (d) 'Sex offender' has the meaning given that term in ORS
181.594.
  ' (4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
  ' (A) The victim resides in a county having a population of
less than 130,000 and the person is required to reside in that
county;
  ' (B) The person demonstrates to the court by a preponderance
of the evidence that no mental intimidation or pressure was
brought to bear during the commission of the crime;
  ' (C) The person demonstrates to the court by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
  ' (D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  ' (b) A victim may request imposition of the special condition
of probation described in this subsection at the time of
sentencing in person or through the prosecuting attorney.
  ' (c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
  ' (5) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
appropriate, shall notify the city police department, if the
person is going to reside within a city, and the county sheriff's
office of the county in which the person is going to reside of
the person's release and the conditions of the person's release.
  ' (6) Failure to abide by all general and special conditions
  { - imposed by the court and supervised by the Department of
Corrections or a county community corrections agency - }   { + of
probation + } may result in arrest, modification of conditions,
revocation of probation or imposition of structured, intermediate
sanctions in accordance with rules adopted under ORS 137.595.
  ' (7) The court may order that probation be supervised by the
court. If the court orders that probation be supervised by the
court, the defendant shall pay a fee of $100 to the court. Fees
imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
imposed in a justice court under this subsection shall be paid to
the county treasurer. Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer.

  ' (8) { + (a) + } The court may at any time modify the
conditions of probation.
  '  { +  (b) When the court orders a defendant placed under the
supervision of the Department of Corrections or a community
corrections agency, the supervising officer may file with the
court a proposed modification to the special conditions of
probation. The supervising officer shall provide a copy of the
proposed modification to the district attorney and the
probationer. If the district attorney:
  ' (A) Files an objection to the proposed modification less than
five judicial days after the proposed modification was filed, the
court shall schedule a hearing no later than 10 judicial days
after the proposed modification was filed, unless the court finds
good cause to schedule a hearing at a later time.
  ' (B) Does not file an objection to the proposed modification
less than five judicial days after the proposed modification was
filed, the proposed modification becomes effective five judicial
days after the proposed modification was filed. + }
  ' (9) A court may not order revocation of probation as a result
of the probationer's failure to pay restitution unless the court
determines from the totality of the circumstances that the
purposes of the probation are not being served.
  ' (10) It is not a cause for revocation of probation that the
probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress. As used in
this subsection, 'labor dispute' has the meaning for that term
provided in ORS 662.010.
  ' (11) If the court determines that a defendant has violated
the terms of probation, the court shall collect a $25 fee from
the defendant. The fee becomes part of the judgment and may be
collected in the same manner as a fine. Fees collected under this
subsection in the circuit court shall be deposited by the clerk
of the court in the General Fund. Fees collected in a justice
court under this subsection shall be paid to the county
treasurer. Fees collected in a municipal court under this
subsection shall be paid to the city treasurer.
  ' (12) As used in this section, 'attends,' 'institution of
higher education,' 'works' and 'carries on a vocation' have the
meanings given those terms in ORS 181.594.
  '  { +  SECTION 25. + }  { + The amendments to ORS 137.540 by
section 24 of this 2013 Act apply to crimes committed on or after
August 1, 2013. + }

                                '
 { +  HARASSMENT + }

  '  { +  SECTION 26. + } ORS 166.065 is amended to read:
  ' 166.065. (1) A person commits the crime of harassment if the
person intentionally:
  ' (a) Harasses or annoys another person by:
  ' (A) Subjecting such other person to offensive physical
contact;   { - or - }
  ' (B) Publicly insulting such other person by abusive words or
gestures in a manner intended and likely to provoke a violent
response; { +  or
  ' (C) Distributing a visual recording, as defined in ORS
163.665, of the other person engaged in sexually explicit
conduct, as defined in ORS 163.665, or in a state of nudity, as
defined in ORS 163.700, when the other person is under 18 years
of age at the time of the recording; + }
  ' (b) Subjects another to alarm by conveying a false report,
known by the conveyor to be false, concerning death or serious
physical injury to a person, which report reasonably would be
expected to cause alarm; or
  ' (c) Subjects another to alarm by conveying a telephonic,
electronic or written threat to inflict serious physical injury
on that person or to commit a felony involving the person or
property of that person or any member of that person's family,
which threat reasonably would be expected to cause alarm.
  ' (2)(a) A person is criminally liable for harassment if the
person knowingly permits any telephone or electronic device under
the person's control to be used in violation of subsection (1) of
this section.
  ' (b) Harassment that is committed under the circumstances
described in subsection (1)(c) of this section is committed in
either the county in which the communication originated or the
county in which the communication was received.
  ' (3) Harassment is a Class B misdemeanor.
  ' (4) Notwithstanding subsection (3) of this section,
harassment is a Class A misdemeanor if a person violates:
  ' (a) Subsection (1)(a)(A) of this section by subjecting
another person to offensive physical contact and the offensive
physical contact consists of touching the sexual or other
intimate parts of the other person;   { - or - }
  '  { +  (b) Subsection (1)(a)(C) of this section; or + }
  '  { - (b) - }  { +  (c) + } Subsection (1)(c) of this section
and:
  ' (A) The person has a previous conviction under subsection
(1)(c) of this section and the victim of the current offense was
the victim or a member of the family of the victim of the
previous offense;
  ' (B) At the time the offense was committed, the victim was
protected by a stalking protective order, a restraining order as
defined in ORS 24.190 or any other court order prohibiting the
person from contacting the victim;
  ' (C) At the time the offense was committed, the person
reasonably believed the victim to be under 18 years of age and
more than three years younger than the person; or
  ' (D)(i) The person conveyed a threat to kill the other person
or any member of the family of the other person;
  ' (ii) The person expressed the intent to carry out the threat;
and
  ' (iii) A reasonable person would believe that the threat was
likely to be followed by action.
  '  { +  (5) It is not a defense to a charge under subsection
(1)(a)(C) of this section that the defendant did not know the age
of the victim. + }
  '  { - (5) - }  { +  (6) + } As used in this section,
'electronic threat ' means a threat conveyed by electronic mail,
the Internet, a telephone text message or any other transmission
of information by wire, radio, optical cable, cellular system,
electromagnetic system or other similar means.
  '  { +  SECTION 27. + }  { + The amendments to ORS 166.065 by
section 26 of this 2013 Act apply to crimes committed on or after
August 1, 2013. + }

                                '
 { +  REENTRY COURTS + }
                               { +
AUGUST 1, 2013 - JULY 1, 2023 + }

  '  { +  SECTION 28. + } ORS 144.101 is amended to read:
  ' 144.101. (1) The State Board of Parole and Post-Prison
Supervision has jurisdiction over  { + the + } imposition of
conditions of post-prison supervision and   { - sanctioning - }
 { + sanctions + } for violations of those conditions for a
person convicted of a felony if:
  ' (a) The term of imprisonment imposed on the person is more
than 12 months;
  ' (b) The felony is classified as crime category 8, 9, 10 or 11
of the sentencing guidelines grid of the Oregon Criminal Justice
Commission;
  ' (c) The person is subject to a sentence under ORS 137.700 or
137.707;
  ' (d) The person is sentenced as a dangerous offender under ORS
161.725 and 161.737;
  ' (e) The person is subject to a term of post-prison
supervision under ORS 144.103;
  ' (f) The person is committed to the custody of the Department
of Corrections under ORS 137.124;
  ' (g) The responsibility for correctional services for the
person has reverted to the department under ORS 423.483; or
  ' (h) No local supervisory authority is responsible for
correctional services for the person under the laws of this
state.
  ' (2) Except as provided in subsection (1) of this section, a
local supervisory authority has jurisdiction over  { + the + }
imposition of conditions of post-prison supervision and sanctions
for violations of those conditions for a person sentenced to a
term of imprisonment of 12 months or less.
  ' (3) If a local supervisory authority imposes conditions of
post-prison supervision or sanctions for violations of those
conditions, the person may request the board to review the
conditions or sanctions. The board shall review the request and
may, at its discretion, review the conditions and sanctions,
under rules adopted by the board.
  '  { +  (4) If a circuit court in a participating county, as
defined in section 29 of this 2013 Act, enters an order admitting
a person into a reentry court under section 29 (3) of this 2013
Act, the reentry court has concurrent jurisdiction over the
imposition of sanctions for violations of the conditions of
post-prison supervision. + }
  '  { - (4) - }   { + (5) + } Nothing in this section affects
the jurisdiction of the board over  { + the + } imposition of
conditions of parole and
  { - sanctioning - }   { + sanctions + } for violations of those
conditions.
  '  { +  SECTION 29. + }  { + (1) When a circuit court in a
participating county sentences a person to a term of
imprisonment, the court may order that the person participate in
a reentry court, subject to admission under subsection (3) of
this section, as a condition of post-prison supervision.
  ' (2) At any time prior to the termination of post-prison
supervision, the supervisory authority may provide a report to
the reentry court recommending that a person sentenced under
subsection (1) of this section be admitted into the reentry
court.
  ' (3) When a reentry court receives a report described in
subsection (2) of this section, or an inmate release plan
prepared under ORS 144.096, that recommends the admission of a
person sentenced under subsection (1) of this section into a
reentry court, the court may enter an order admitting the person
into the reentry court.
  ' (4) Notwithstanding ORS 137.124 and 423.478 and any other
provision of law, when a court enters an order admitting a person
into a reentry court, the court may:
  ' (a) Issue a warrant and cause the person to be arrested for
violating a condition of post-prison supervision.
  ' (b) Appoint counsel to represent the person in accordance
with ORS 135.050, if the person is financially eligible.
  ' (c) Determine whether the conditions of post-prison
supervision have been violated and impose sanctions for the
violations.
  ' (5)(a) When the court conducts a post-prison supervision
violation hearing under this section, the person may admit or
deny alleged violations of conditions of post-prison supervision.
The person and the state may present evidence at the hearing.

  ' (b) If the court determines by a preponderance of the
evidence that a person admitted into a reentry court has violated
the conditions of post-prison supervision, the court may impose
sanctions for the violations that are consistent with the rules
adopted under ORS 144.106 and 144.107, except that the court may
not impose a sanction of imprisonment in a correctional facility
that exceeds 12 months.
  ' (6)(a) When a court issues a warrant under this section and
causes a person admitted into a reentry court to be arrested and
taken into custody for violating a condition of post-prison
supervision, the person shall be brought before a magistrate
during the first 36 hours in custody, excluding Saturdays,
Sundays and holidays. The magistrate may order the person held
pending a violation hearing or transferred to the county in which
the reentry court is located, or may release the person upon the
condition that the person appear in court at a later date for a
post-prison violation hearing. If the person is held on an
out-of-county warrant, the magistrate may order the person
released subject to an additional order that the person report
within seven calendar days to the reentry court.
  ' (b) Except for good cause shown, if the person is held in
custody and the violation hearing is not held within 14 calendar
days following the person's arrest, the person shall be released
from custody.
  ' (7) As used in this section, 'participating county' means a
county:
  ' (a) That has applied for and received a grant under section
53 of this 2013 Act to administer a reentry court; and
  ' (b) For which the presiding judge of the judicial district in
which the county is located issues an order establishing a
reentry court steering committee consisting of:
  ' (A) A circuit court judge;
  ' (B) A district attorney;
  ' (C) A criminal defense attorney;
  ' (D) A parole and probation officer;
  ' (E) A representative of the business community;
  ' (F) A representative of the education community; and
  ' (G) Any other person the presiding judge determines is
appropriate. + }
  '  { +  SECTION 30. + } ORS 144.096 is amended to read:
  ' 144.096. (1)(a) The Department of Corrections shall prepare a
proposed release plan for an inmate prior to the inmate's release
from prison.
  ' (b) The department shall submit the proposed release plan to
the State Board of Parole and Post-Prison Supervision not less
than   { - 60 - }   { + 75 + } days prior to the inmate's
release.
  ' (c) If the proposed release plan is not approved by the
board, the board shall return the plan to the department with its
recommended modifications. The department shall submit a revised
plan to the board not less than   { - 10 - }   { + 25 + } days
prior to the inmate's release.
  ' (d) If the revised plan is not acceptable to the board, the
board shall determine the provisions of the final plan prior to
the inmate's release.
  '  { +  (e) If an inmate was sentenced under section 29 of this
2013 Act and the release plan recommends that the inmate
participate in a reentry court, the board shall provide a copy of
the release plan to the reentry court. + }
  ' (2) The local supervisory authority that is responsible for
correctional services for an inmate shall prepare a proposed
release plan for the inmate prior to the inmate's release from
jail. The local supervisory authority shall approve the release
plan under its rules. { +  If the inmate was sentenced under
section 29 of this 2013 Act and the supervisory authority
recommends that the inmate participate in a reentry court, the
supervisory authority shall provide a copy of the release plan to
the reentry court. + }
  ' (3) A release plan prepared under subsection (1) or (2) of
this section must include:
  ' (a) A description of support services and program
opportunities available to the inmate;
  ' (b) The recommended conditions of post-prison supervision;
  ' (c) The level of supervision that shall be consistent with
the inmate's risk assessment classification;
  ' (d) Any other conditions and requirements as may be necessary
to promote public safety;
  ' (e) For all inmates whose sentence to make restitution under
ORS 137.106 has been suspended for the term of imprisonment, a
restitution payment schedule; and
  ' (f) Any conditions necessary to assist the reformation of the
inmate.
  '  { +  SECTION 31. + } ORS 144.106 is amended to read:
  ' 144.106. (1) Except as otherwise provided by rules of the
Department of Corrections and the State Board of Parole and
Post-Prison Supervision concerning parole and post-prison
supervision violators, the supervisory authority shall use a
continuum of administrative sanctions for violations of the
conditions of post-prison supervision.
  ' (2) The sanction continuum shall include adjustments to the
level of supervision and, as approved by the board or the local
supervisory authority that imposed the initial conditions of
post-prison supervision:
  ' (a) Modification of or additions to the conditions of
supervision; and
  ' (b) Any other appropriate available local sanctions
including, but not limited to, jail, community service work,
house arrest, electronic surveillance, restitution centers, work
release centers, day centers or other local sanctions established
by agreement with the supervisory authority.
  ' (3) An offender may not be confined in a restitution center,
work release center or jail for more than 15 days for a violation
of conditions of post-prison supervision unless:
  ' (a) The Department of Corrections, county corrections agency
or supervisory authority imposes a local sanction under
subsection (1) of this section;   { - or - }
  '  { +  (b) A reentry court imposes a local sanction under
section 29 of this 2013 Act; or + }
  '  { - (b) - }   { + (c) + } The board or its designated
representative initiates a hearing for the purpose of imposing a
sanction under ORS 144.107 or 144.108.
  ' (4) A hearing before the board is not required if the
department, a county corrections agency { + , + }   { - or - }
the supervisory authority  { + or the court + } imposes a local
sanction under subsection (3) of this section. However, the board
may conduct a hearing under the procedures in ORS 144.343 and
144.347 and impose a different sanction on the offender than that
imposed by the department, a county corrections agency { + , + }
 { - or - }  the supervisory authority { +  or the court + }.
  '  { +  SECTION 32. + } ORS 40.015 is amended to read:
  ' 40.015. (1) The Oregon Evidence Code applies to all courts in
this state except for:
  ' (a) A hearing or mediation before a magistrate of the Oregon
Tax Court as provided by ORS 305.501;
  ' (b) The small claims department of a circuit court as
provided by ORS 46.415; and
  ' (c) The small claims department of a justice court as
provided by ORS 55.080.
  ' (2) The Oregon Evidence Code applies generally to civil
actions, suits and proceedings, criminal actions and proceedings
and to contempt proceedings except those in which the court may
act summarily.
  ' (3) ORS 40.225 to 40.295 relating to privileges apply at all
stages of all actions, suits and proceedings.
  ' (4) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in
the following situations:
  ' (a) The determination of questions of fact preliminary to
admissibility of evidence when the issue is to be determined by
the court under ORS 40.030.
  ' (b) Proceedings before grand juries, except as required by
ORS 132.320.
  ' (c) Proceedings for extradition, except as required by ORS
133.743 to 133.857.
  ' (d) Sentencing proceedings, except proceedings under ORS
138.012 and 163.150, as required by ORS 137.090 or proceedings
under ORS 136.765 to 136.785.
  ' (e) Proceedings to revoke probation, except as required by
ORS 137.090.
  '  { +  (f) Proceedings conducted in a reentry court under
section 29 of this 2013 Act. + }
  '  { - (f) - }   { + (g) + } Issuance of warrants of arrest,
bench warrants or search warrants.
  '  { - (g) - }   { + (h) + } Proceedings under ORS chapter 135
relating to conditional release, security release, release on
personal recognizance, or preliminary hearings, subject to ORS
135.173.
  '  { - (h) - }   { + (i) + } Proceedings to determine proper
disposition of a child in accordance with ORS 419B.325 (2) and
419C.400 (4).
  '  { - (i) - }   { + (j) + } Proceedings under ORS 813.210,
813.215, 813.220, 813.230, 813.250 and 813.255 to determine
whether a driving while under the influence of intoxicants
diversion agreement should be allowed or terminated.
  '  { - (j) - }   { + (k) + } Proceedings under ORS 147.530
relating to victims' rights, except for the provisions of ORS
40.105 and 40.115.
  '  { +  SECTION 33. + }  { + Section 29 of this 2013 Act is
repealed on July 1, 2023. + }
  '  { +  SECTION 34. + } ORS 144.101, as amended by section 28
of this 2013 Act, is amended to read:
  ' 144.101. (1) The State Board of Parole and Post-Prison
Supervision has jurisdiction over the imposition of conditions of
post-prison supervision and sanctions for violations of those
conditions for a person convicted of a felony if:
  ' (a) The term of imprisonment imposed on the person is more
than 12 months;
  ' (b) The felony is classified as crime category 8, 9, 10 or 11
of the sentencing guidelines grid of the Oregon Criminal Justice
Commission;
  ' (c) The person is subject to a sentence under ORS 137.700 or
137.707;
  ' (d) The person is sentenced as a dangerous offender under ORS
161.725 and 161.737;
  ' (e) The person is subject to a term of post-prison
supervision under ORS 144.103;
  ' (f) The person is committed to the custody of the Department
of Corrections under ORS 137.124;
  ' (g) The responsibility for correctional services for the
person has reverted to the department under ORS 423.483; or
  ' (h) No local supervisory authority is responsible for
correctional services for the person under the laws of this
state.
  ' (2) Except as provided in subsection (1) of this section, a
local supervisory authority has jurisdiction over the imposition
of conditions of post-prison supervision and sanctions for
violations of those conditions for a person sentenced to a term
of imprisonment of 12 months or less.

  ' (3) If a local supervisory authority imposes conditions of
post-prison supervision or sanctions for violations of those
conditions, the person may request the board to review the
conditions or sanctions. The board shall review the request and
may, at its discretion, review the conditions and sanctions,
under rules adopted by the board.
  '  { - (4) If a circuit court in a participating county, as
defined in section 29 of this 2013 Act, enters an order admitting
a person into a reentry court under section 29 (3) of this 2013
Act, the reentry court has concurrent jurisdiction over the
imposition of sanctions for violations of the conditions of
post-prison supervision. - }
  '  { - (5) - }   { + (4) + } Nothing in this section affects
the jurisdiction of the board over the imposition of conditions
of parole and sanctions for violations of those conditions.
  '  { +  SECTION 35. + } ORS 144.096, as amended by section 30
of this 2013 Act, is amended to read:
  ' 144.096. (1)(a) The Department of Corrections shall prepare a
proposed release plan for an inmate prior to the inmate's release
from prison.
  ' (b) The department shall submit the proposed release plan to
the State Board of Parole and Post-Prison Supervision not less
than   { - 75 - }   { + 60 + } days prior to the inmate's
release.
  ' (c) If the proposed release plan is not approved by the
board, the board shall return the plan to the department with its
recommended modifications. The department shall submit a revised
plan to the board not less than   { - 25 - }   { + 10 + } days
prior to the inmate's release.
  ' (d) If the revised plan is not acceptable to the board, the
board shall determine the provisions of the final plan prior to
the inmate's release.
  '  { - (e) If an inmate was sentenced under section 29 of this
2013 Act and the release plan recommends that the inmate
participate in a reentry court, the board shall provide a copy of
the release plan to the reentry court. - }
  ' (2) The local supervisory authority that is responsible for
correctional services for an inmate shall prepare a proposed
release plan for the inmate prior to the inmate's release from
jail. The local supervisory authority shall approve the release
plan under its rules.   { - If the inmate was sentenced under
section 29 of this 2013 Act and the supervisory authority
recommends that the inmate participate in a reentry court, the
supervisory authority shall provide a copy of the release plan to
the reentry court. - }
  ' (3) A release plan prepared under subsection (1) or (2) of
this section must include:
  ' (a) A description of support services and program
opportunities available to the inmate;
  ' (b) The recommended conditions of post-prison supervision;
  ' (c) The level of supervision that shall be consistent with
the inmate's risk assessment classification;
  ' (d) Any other conditions and requirements as may be necessary
to promote public safety;
  ' (e) For all inmates whose sentence to make restitution under
ORS 137.106 has been suspended for the term of imprisonment, a
restitution payment schedule; and
  ' (f) Any conditions necessary to assist the reformation of the
inmate.
  '  { +  SECTION 36. + } ORS 144.106, as amended by section 31
of this 2013 Act, is amended to read:
  ' 144.106. (1) Except as otherwise provided by rules of the
Department of Corrections and the State Board of Parole and
Post-Prison Supervision concerning parole and post-prison
supervision violators, the supervisory authority shall use a

continuum of administrative sanctions for violations of the
conditions of post-prison supervision.
  ' (2) The sanction continuum shall include adjustments to the
level of supervision and, as approved by the board or the local
supervisory authority that imposed the initial conditions of
post-prison supervision:
  ' (a) Modification of or additions to the conditions of
supervision; and
  ' (b) Any other appropriate available local sanctions
including, but not limited to, jail, community service work,
house arrest, electronic surveillance, restitution centers, work
release centers, day centers or other local sanctions established
by agreement with the supervisory authority.
  ' (3) An offender may not be confined in a restitution center,
work release center or jail for more than 15 days for a violation
of conditions of post-prison supervision unless:
  ' (a) The Department of Corrections, county corrections agency
or supervisory authority imposes a local sanction under
subsection (1) of this section; { +  or + }
  '  { - (b) A reentry court imposes a local sanction under
section 29 of this 2013 Act; or - }
  '  { - (c) - }   { + (b) + } The board or its designated
representative initiates a hearing for the purpose of imposing a
sanction under ORS 144.107 or 144.108.
  ' (4) A hearing before the board is not required if the
department, a county corrections agency  { - , - }   { + or + }
the supervisory authority   { - or the court - }  imposes a local
sanction under subsection (3) of this section. However, the board
may conduct a hearing under the procedures in ORS 144.343 and
144.347 and impose a different sanction on the offender than that
imposed by the department, a county corrections agency  { - , - }
 { + or + } the supervisory authority   { - or the court - } .
  '  { +  SECTION 37. + } ORS 40.015, as amended by section 32 of
this 2013 Act, is amended to read:
  ' 40.015. (1) The Oregon Evidence Code applies to all courts in
this state except for:
  ' (a) A hearing or mediation before a magistrate of the Oregon
Tax Court as provided by ORS 305.501;
  ' (b) The small claims department of a circuit court as
provided by ORS 46.415; and
  ' (c) The small claims department of a justice court as
provided by ORS 55.080.
  ' (2) The Oregon Evidence Code applies generally to civil
actions, suits and proceedings, criminal actions and proceedings
and to contempt proceedings except those in which the court may
act summarily.
  ' (3) ORS 40.225 to 40.295 relating to privileges apply at all
stages of all actions, suits and proceedings.
  ' (4) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in
the following situations:
  ' (a) The determination of questions of fact preliminary to
admissibility of evidence when the issue is to be determined by
the court under ORS 40.030.
  ' (b) Proceedings before grand juries, except as required by
ORS 132.320.
  ' (c) Proceedings for extradition, except as required by ORS
133.743 to 133.857.
  ' (d) Sentencing proceedings, except proceedings under ORS
138.012 and 163.150, as required by ORS 137.090 or proceedings
under ORS 136.765 to 136.785.
  ' (e) Proceedings to revoke probation, except as required by
ORS 137.090.
  '  { - (f) Proceedings conducted in a reentry court under
section 29 of this 2013 Act. - }
  '  { - (g) - }   { + (f) + } Issuance of warrants of arrest,
bench warrants or search warrants.
  '  { - (h) - }   { + (g) + } Proceedings under ORS chapter 135
relating to conditional release, security release, release on
personal recognizance, or preliminary hearings, subject to ORS
135.173.
  '  { - (i) - }   { + (h) + } Proceedings to determine proper
disposition of a child in accordance with ORS 419B.325 (2) and
419C.400 (4).
  '  { - (j) - }   { + (i) + } Proceedings under ORS 813.210,
813.215, 813.220, 813.230, 813.250 and 813.255 to determine
whether a driving while under the influence of intoxicants
diversion agreement should be allowed or terminated.
  '  { - (k) - }   { + (j) + } Proceedings under ORS 147.530
relating to victims' rights, except for the provisions of ORS
40.105 and 40.115.
  '  { +  SECTION 38. + }  { + (1) The amendments to ORS 40.015,
144.096, 144.101 and 144.106 by sections 34 to 37 of this 2013
Act become operative on July 1, 2023.
  ' (2) The repeal of section 29 of this 2013 Act by section 33
of this 2013 Act and the amendments to ORS 40.015, 144.096,
144.101 and 144.106 by sections 34 to 37 of this 2013 Act do not
affect the jurisdiction of a reentry court over a person
sentenced under section 29 of this 2013 Act. + }

                                '
 { +  SPECIALTY COURTS + }

  '  { +  SECTION 39. + }  { + (1) As used in this section,
'specialty courts ' means drug court programs as defined in ORS
3.450, veterans' courts, mental health courts or any other
similar court or docketing system.
  ' (2)(a) The Oregon Criminal Justice Commission shall serve as
a clearinghouse and information center for the collection,
preparation, analysis and dissemination of the best practices
applicable to specialty courts.
  ' (b) After consulting with the Judicial Department, the
commission shall develop evidence-based standards that may be
applied to specialty courts. The standards must:
  ' (A) Be designed to reduce recidivism in a cost-effective
manner; and
  ' (B) When appropriate, target medium-risk and high-risk
offenders.
  ' (3) The Chief Justice of the Supreme Court may issue an order
applicable to specialty courts. The order may include a
requirement that a circuit court that operates a specialty court
review the standards described in subsection (2) of this
section. + }

                                '
 { +  CORRECTIONS FORECAST + }

  '  { +  SECTION 40. + } ORS 184.351 is amended to read:
  ' 184.351. (1) The Oregon Department of Administrative Services
shall issue state corrections population forecasts including, but
not limited to, expected populations of prisons and jails and
community corrections caseloads, to be used by:
  ' (a) The Department of Corrections in preparing budget
requests;
  ' (b) The Oregon Criminal Justice Commission in considering
amendments to sentencing guidelines; and
  ' (c) Any other state agency concerned with the effect of
offender populations or policy developments on budgeting.
  ' (2) The Oregon Department of Administrative Services shall
issue state corrections population forecasts on April 1 and
October 1 of each year.

  '  { +  (3) When the Oregon Department of Administrative
Services issues a state corrections population forecast, the
forecast must, whenever possible:
  ' (a) Identify the forecast's margin of error; and
  ' (b) Attribute growth or decline in the forecast, relative to
previously issued forecasts, to specific policies or to specific
components of the baseline underlying the forecast.
  ' (4) As used in this section, 'baseline underlying the
forecast' includes population demographics and crime trends. + }

                                '
 { +  MEASURING OUTCOMES + }

  '  { +  SECTION 41. + } ORS 182.515, as amended by section 37,
chapter 37, Oregon Laws 2012, is amended to read:
  ' 182.515. As used in this section and ORS 182.525:
  ' (1) 'Agency' means:
  ' (a) The Department of Corrections;
  ' (b) The Oregon Youth Authority;
  ' (c) The Youth Development Council; and
  ' (d) That part of the Oregon Health Authority that deals with
mental health and addiction issues.
  ' (2)   { -  ' Cost effective' - }   { +  ' Cost-effective' + }
means that
  { - cost savings - }   { + benefits + } realized over a
reasonable period of time are greater than costs { + , as
determined utilizing a cost-benefit analytical tool identified by
the Oregon Criminal Justice Commission + }.
  ' (3) 'Evidence-based program' means a program that:
  ' (a) Incorporates significant and relevant practices based on
scientifically based research; and
  ' (b) Is   { - cost effective - }   { + cost-effective + }.
  ' (4)(a) 'Program' means a treatment or intervention program or
service that is intended to:
  ' (A) Reduce the propensity of a person to commit crimes;
  ' (B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or
need emergency mental health services; or
  ' (C) Reduce the propensity of a person who is less than 18
years of age to engage in antisocial behavior with the result of
reducing the likelihood that the person will become a juvenile
offender.
  ' (b) 'Program' does not include:
  ' (A) An educational program or service that an agency is
required to provide to meet educational requirements imposed by
state law; or
  ' (B) A program that provides basic medical services.
  ' (5) 'Scientifically based research' means research that
obtains reliable and valid knowledge by:
  ' (a) Employing systematic, empirical methods that draw on
observation or experiment;
  ' (b) Involving rigorous data analyses that are adequate to
test the stated hypotheses and justify the general conclusions
drawn;   { - and - }
  ' (c) Relying on measurements or observational methods that
provide reliable and valid data across evaluators and observers,
across multiple measurements and observations and across studies
by the same or different investigators { + ; and
  ' (d) Utilizing randomized controlled trials when possible and
appropriate + }.
  '  { +  SECTION 42. + }  { + Before the Oregon Criminal Justice
Commission identifies a cost-benefit analytical tool under ORS
182.515 (2), the commission shall consult with the Task Force on
Public Safety established under section 57 of this 2013 Act. + }
  '  { +  SECTION 43. + }  { + Section 42 of this 2013 Act is
repealed + }  { +  on the date of the convening of the 2017
regular session of the Legislative Assembly as specified in ORS
171.010. + }
  '  { +  SECTION 44. + } ORS 182.525 is amended to read:
  ' 182.525. (1) An agency   { - as defined in ORS 182.515 - }
shall spend at least 75 percent of state moneys that the agency
receives for programs on evidence-based programs.
  ' (2) The agency shall submit a biennial report containing:
  ' (a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
  ' (b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
  ' (c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
  ' (d) A description of the efforts the agency is making to meet
the requirement of subsection (1) of this section.
  ' (3) The agency shall submit the report required by subsection
(2) of this section no later than September 30 of each
even-numbered year to the interim legislative committee dealing
with judicial matters.
  ' (4) If an agency, in any biennium, spends more than 25
percent of the state moneys that the agency receives for programs
on programs that are not evidence based, the Legislative Assembly
shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the
agency for the following biennium.
  ' (5)   { - The - }   { + An + } agency may adopt rules
necessary to carry out the provisions of this section  { - ,
including but not limited to rules defining a reasonable period
of time for purposes of determining cost effectiveness - } .
  '  { +  SECTION 45. + }  { + (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:
  ' (a) Is for a new crime and occurs:
  ' (A) Three years or less after the date the person was
convicted of the previous crime; or
  ' (B) Three years or less after the date the person was
released from custody, if the person was incarcerated as a result
of the conviction for the previous crime; or
  ' (b) Is for any reason and occurs:
  ' (A) Three years or less after the date the person was
convicted of the previous crime; or
  ' (B) Three years or less after the date the person was
released from custody, if the person was incarcerated as a result
of the conviction for the previous crime.
  ' (2) When the Oregon Department of Administrative Services,
the Department of Corrections, the Oregon Criminal Justice
Commission or any other public body as defined in ORS 174.109
conducts a statistical evaluation of the rate at which persons
convicted of a crime recidivate, the public body shall include an
evaluation of recidivism as that term is defined in:
  ' (a) Subsection (1)(a) of this section; and
  ' (b) Subsection (1)(b) of this section. + }

                                '
 { +  FISCAL IMPACT STATEMENTS + }

  '  { +  SECTION 46. + } ORS 173.029 is amended to read:
  ' 173.029. (1) For any measure reported out of a committee of
the Legislative Assembly { + , + } the effect of which is to
create a new crime { + , + }   { - or - }  increase the period of
incarceration allowed or required for an existing crime { +  or
otherwise modify sentencing or state corrections policies + },
the Legislative Fiscal Officer, with the aid of the Oregon
Department of Administrative Services, Legislative Revenue
Officer, state agencies and affected local governmental units,
shall prepare a fiscal impact statement describing the fiscal
impact that the measure would, if enacted, have on the state as
well as on local governmental units.
  ' (2) In particular and to the extent practicable, the
Legislative Fiscal Officer shall determine and describe in the
statement the following:
  ' (a) The fiscal impact on state and local law enforcement
agencies, including an estimate of the increase in anticipated
number of arrests annually;
  ' (b) The fiscal impact on state and local courts, including an
estimate of the increase in the anticipated number of
 { - trials - }  { +  cases + } annually;
  ' (c) The fiscal impact on district attorney offices, including
an estimate of the increase in the anticipated number of
prosecutions annually;
  ' (d) The fiscal impact on public defense resources, including
an estimate of the increase in the anticipated number of cases
annually; and
  ' (e) The fiscal impact on state and local corrections
resources, including resources supporting parole and probation
supervision, and also including an estimate of the increase in
the anticipated number of bed-days to be used annually at both
the state and local level as a result of the passage of the
measure.
  '  { +  (3) The fiscal impact statement required under this
section must describe the fiscal impact that the measure would,
if enacted, have on the state as well as on local governmental
units for 10 years, beginning on the effective date of the
measure.
  ' (4) A state agency that prepares and submits to the
Legislative Fiscal Officer fiscal impact statements or related
fiscal information applicable to a measure introduced before the
Legislative Assembly, the effect of which is to create a new
crime, increase the period of incarceration allowed or required
for an existing crime or otherwise modify sentencing or state
corrections policies, shall describe the fiscal impact that the
measure would have on the state agency for 10 years, beginning on
the effective date of the measure. + }
  '  { +  SECTION 47. + }  { + The amendments to ORS 173.029 by
section 46 of this 2013 Act become operative on January 1,
2014. + }

                                '
 { +  OREGON CENTER FOR POLICING EXCELLENCE + }

  '  { +  SECTION 48. + }  { + Section 49 of this 2013 Act is
added to and made a part of ORS 181.610 to 181.712. + }
  '  { +  SECTION 49. + }  { + (1) The Oregon Center for Policing
Excellence is established within the Department of Public Safety
Standards and Training.
  ' (2) The primary purposes of the center are:
  ' (a) To make policing in this state more effective and
efficient by:
  ' (A) Developing and promulgating updated skills in policing
among officers, managers and administrators; and
  ' (B) Making use of the body of knowledge of effective and
efficient methods in the criminal justice system.
  ' (b) To make communities safer.
  ' (c) To reduce, through the use of police practices proven to
be effective, the number of offenders entering the criminal
justice system.
  ' (3) To accomplish the purposes described in subsection (2) of
this section, the center shall provide opportunities for:

  ' (a) Practitioners to present actual problems to researchers
in order to identify potential approaches to resolving the
problems.
  ' (b) Researchers to present to practitioners the results of
research on effective and efficient methods of policing.
  ' (c) Practitioners and researchers to form partnerships to
test the effectiveness of practices and approaches.
  ' (d) The development and delivery of training to public safety
personnel in this state to enhance their skills related to:
  ' (A) Problem solving;
  ' (B) Leadership and facilitation;
  ' (C) Effective application and use of information from
reputable research; and
  ' (D) Identifying and addressing future challenges affecting
public safety.
  ' (4) All agencies of state government, as defined in ORS
174.111, and local government, as defined in ORS 174.116, are
directed to cooperate with the center in achieving the purposes
described in subsection (2) of this section.
  ' (5) The Director of the Department of Public Safety Standards
and Training may adopt rules necessary to implement the
provisions of this section. + }

                                '
 { +  CORRECTIONAL COSTS + }

  '  { +  SECTION 50. + }  { + (1) The Legislative Assembly
hereby establishes as a goal the reduction of the Department of
Corrections' per-inmate costs by five percent over the 10-year
period beginning July 1, 2013.
  ' (2) No later than October 1, 2014, the department shall
submit a report to the Legislative Assembly in the manner
provided by ORS 192.245 that identifies cost containment
solutions designed to reduce the department's per-inmate costs by
five percent over the 10-year period beginning July 1, 2013,
while maintaining public safety, prison security and recidivism
reduction programs.
  ' (3) The department shall provide a copy of the report to the
Task Force on Public Safety established under section 57 of this
2013 Act.
  ' (4) As used in this section, 'per-inmate costs':
  ' (a) Includes costs attributable to the provision of security
and housing, health care, food services, treatment programs and
recidivism reduction programs and other direct costs related to
institutional operations.
  ' (b) Does not include costs attributable to community
corrections grants, debt service, capital construction, opening
new correctional facilities or inflation. + }
  '  { +  SECTION 51. + }  { + Section 50 of this 2013 Act is
repealed on January 2, 2015. + }

                                '
 { +  JUSTICE REINVESTMENT PROGRAM + }

  '  { +  SECTION 52. + }  { + The Justice Reinvestment Account
is established, separate and distinct from the General Fund. All
moneys in the account are continuously appropriated to the Oregon
Criminal Justice Commission for the purpose of making grants to
counties in accordance with section 53 of this 2013 Act. + }
  '  { +  SECTION 53. + }  { + (1) In consultation with the
Justice Reinvestment Grant Review Committee established under
subsection (2) of this section, the Oregon Criminal Justice
Commission shall administer the Justice Reinvestment Program
described in this section. From funds appropriated to the
commission for purposes of the program, the commission shall
award grants to counties that establish a process to assess
offenders and provide a continuum of community-based sanctions,
services and programs that are designed to reduce recidivism and
decrease the county's utilization of imprisonment in a Department
of Corrections institution while protecting public safety and
holding offenders accountable.
  ' (2) The Justice Reinvestment Grant Review Committee is
established, consisting of the following members:
  ' (a) The Governor shall appoint the following five members:
  ' (A) One member shall be a district attorney.
  ' (B) One member shall be a county sheriff.
  ' (C) One member shall be a chief of police.
  ' (D) One member shall be a county commissioner.
  ' (E) One member shall be a community corrections director who
is not a sheriff.
  ' (b) The President of the Senate shall appoint two nonvoting
members from among members of the Senate.
  ' (c) The Speaker of the House of Representatives shall appoint
two nonvoting members from among members of the House of
Representatives.
  ' (3)(a) A majority of the voting members of the committee
constitutes a quorum for the transaction of business.
  ' (b) The committee shall elect one of its members to serve as
chairperson.
  ' (c) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become effective
immediately.
  ' (d) The committee shall meet at times and places specified by
the call of the chairperson or a majority of the voting members
of the committee.
  ' (e) Legislative members of the committee shall be entitled to
payment of compensation and expenses under ORS 171.072, payable
from funds appropriated to the Legislative Assembly.
  ' (4) After consulting with the Justice Reinvestment Grant
Review Committee, the commission shall adopt rules to administer
the Justice Reinvestment Program. The rules must include:
  ' (a) A methodology for reviewing and approving grant
applications and distributing grant funds. Rules described in
this paragraph must provide the Justice Reinvestment Grant Review
Committee with the ability to approve grant applications, subject
to final approval by the commission.
  ' (b) A process for evaluating the efficacy of community-based
sanctions, services and programs funded under this section.
  ' (5) Notwithstanding subsections (1) and (4) of this section,
upon receipt of a letter of intent to participate in the Justice
Reinvestment Program submitted by a county, the commission shall
distribute to the county a proportional share of funds deposited
in the Justice Reinvestment Account. The proportion shall be
determined in accordance with the formula used to distribute
baseline funding under ORS 423.483.
  ' (6) Funds distributed under this section must be spent on the
provision of community-based sanctions, services and
programs. + }
  '  { +  SECTION 54. + } Section 53 of this 2013 Act is amended
to read:
  '  { +  Sec. 53. + } (1) { + (a) + } In consultation with the
Justice Reinvestment Grant Review Committee established under
subsection (2) of this section, the Oregon Criminal Justice
Commission shall administer the Justice Reinvestment Program
described in this section. From funds appropriated to the
commission for purposes of the program, the commission shall
award grants to counties that establish a process to assess
offenders and provide a continuum of community-based sanctions,
services and programs that are designed to reduce recidivism and
decrease the county's utilization of imprisonment in a Department
of Corrections institution while protecting public safety and
holding offenders accountable.
  '  { +  (b) Notwithstanding paragraph (a) of this subsection,
no less than 10 percent of grant funds awarded under this section
must be distributed to community-based nonprofit organizations
that provide services to victims of crime. + }
  ' (2) The Justice Reinvestment Grant Review Committee is
established, consisting of the following members:
  ' (a) The Governor shall appoint the following five members:
  ' (A) On member shall be a district attorney.
  ' (B) One member shall be a county sheriff.
  ' (C) One member shall be a chief of police.
  ' (D) One member shall be a county commissioner.
  ' (E) One member shall be a community corrections director who
is not a sheriff.
  ' (b) The President of the Senate shall appoint two nonvoting
members from among members of the Senate.
  ' (c) The Speaker of the House of Representatives shall appoint
two nonvoting members from among members of the House of
Representatives.
  ' (3)(a) A majority of the voting members of the committee
constitutes a quorum for the transaction of business.
  ' (b) The committee shall elect one of its members to serve as
chairperson.
  ' (c) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become effective
immediately.
  ' (d) The committee shall meet at times and places specified by
the call of the chairperson or a majority of the voting members
of the committee.
  ' (e) Legislative members of the committee shall be entitled to
payment of compensation and expenses under ORS 171.072, payable
from funds appropriated to the Legislative Assembly.
  '  { +  (4) An application for a grant described in this
section must be submitted by a local public safety coordinating
council convened under ORS 423.560.
  ' (5)(a) During a grant application period established by the
commission, the proportion of grant funds available to each
county shall be determined in accordance with the formula used to
distribute baseline funding under ORS 423.483.
  ' (b) At the conclusion of the grant application period, the
commission shall award grants to counties in accordance with
rules adopted by the commission. If unallocated funds remain at
the conclusion of the grant acceptance period, the commission may
establish a supplemental grant period and distribute the
unallocated funds.
  ' (6) The commission shall regularly evaluate the
community-based sanctions, services and programs funded under
this section. The commission shall report the results of an
evaluation conducted under this section to a committee of the
Legislative Assembly related to the judiciary.
  ' (7)(a) Before applying for grant funds to administer a
community-based program described in subsection (9)(a)(D) of this
section, the county must obtain the consent of the presiding
judge of the judicial district in which the county is located.
  ' (b) A grant application to administer a community-based
program described in subsection (9)(a)(D) of this section must
include the costs of appointed counsel. + }
  '  { - (4) - }   { + (8) + } After consulting with the Justice
Reinvestment Grant Review Committee, the commission shall adopt
rules to administer the Justice Reinvestment Program. The rules
must include:
  ' (a) A methodology for reviewing and approving grant
applications and distributing grant funds. Rules described in
this paragraph must provide the Justice Reinvestment Grant Review
Committee with the ability to approve grant applications, subject
to final approval by the commission.

  ' (b) A process for evaluating the efficacy of community-based
sanctions, services and programs funded under this section.
  '  { - (5) Notwithstanding subsections (1) and (4) of this
section, upon receipt of a letter of intent to participate in the
Justice Reinvestment Program submitted by a county, the
commission shall distribute to the county a proportional share of
funds deposited in the Justice Reinvestment Account. The
proportion shall be determined in accordance with the formula
used to distribute baseline funding under ORS 423.483. - }
  '  { - (6) Funds distributed under this section must be spent
on the provision of community-based sanctions, services and
programs other than jails. - }
  '  { +  (9) As used in this section:
  ' (a) 'Community-based programs' includes:
  ' (A) Work release programs;
  ' (B) Structured, transitional leave programs;
  ' (C) Evidence-based programs designed to reduce recidivism
that include the balanced administration of sanctions,
supervision and treatment;
  ' (D) Administering a reentry court under section 29 of this
2013 Act; and
  ' (E) Specialty courts aimed at medium-risk and high-risk
offenders.
  ' (b) 'County' includes a regional collection of counties. + }
  '  { +  SECTION 55. + }  { + The amendments to section 53 of
this 2013 Act by section 54 of this 2013 Act become operative on
July 1, 2015. + }
  '  { +  SECTION 56. + }  { + Sections 52 and 53 of this 2013
Act are repealed on July 1, 2023. + }

                                '
 { +  TASK FORCE ON PUBLIC SAFETY + }

  '  { +  SECTION 57. + }  { + (1) The Task Force on Public
Safety is established, consisting of 13 members appointed as
follows:
  ' (a) The President of the Senate shall appoint two members
from among members of the Senate.
  ' (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
  ' (c) The Chief Justice of the Supreme Court shall appoint two
members.
  ' (d) The Governor shall appoint seven members as follows:
  ' (A) One member shall be a county commissioner.
  ' (B) One member shall be a district attorney.
  ' (C) One member shall be a criminal defense attorney.
  ' (D) Two members shall be representatives of law enforcement.
  ' (E) One member shall be a representative of community
corrections directors who is not a sheriff.
  ' (F) One member shall be a representative of a community-based
organization that provides services to victims of crime.
  ' (2) The task force shall:
  ' (a) Review the implementation of the provisions of this 2013
Act;
  ' (b) Consider the policy implications of establishing an
earned, conditional release hearing for juvenile offenders
convicted under ORS 137.707; and
  ' (c) Evaluate the report submitted to the task force by the
Department of Corrections under section 50 of this 2013 Act.
  ' (3) No later than October 1, 2016, the task force shall
submit a report to the Legislative Assembly in the manner
provided by ORS 192.245 that describes the findings of the task
force. The report may include recommendations for legislation.
The task force shall provide a copy of the report to the
Governor.

  ' (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  ' (5) Official action by the task force requires the approval
of a majority of the members of the task force.
  ' (6) The task force shall elect one of its members to serve as
chairperson.
  ' (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  ' (8) The task force shall meet at times and places specified
by the call of the chairperson or of a majority of the members of
the task force.
  ' (9) The task force may adopt rules necessary for the
operation of the task force.
  ' (10) Upon request, the Oregon Criminal Justice Commission,
the Department of Corrections and the Oregon Department of
Administrative Services shall provide staff support to the task
force.
  ' (11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to Oregon Criminal Justice
Commission for purposes of the task force.
  ' (12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  '  { +  SECTION 58. + }  { + Section 57 of this 2013 Act is
repealed on the date of the convening of the 2017 regular session
of the Legislative Assembly as specified in ORS 171.010. + }
  '  { +  SECTION 59. + }  { + (1) Not less than once per
biennium, the Oregon Criminal Justice Commission shall, in
conjunction with the Department of Corrections, identify:
  ' (a) The avoided costs to state government resulting from the
passage of this 2013 Act; and
  ' (b) Any increased costs to local governments resulting from
the passage of this 2013 Act.
  ' (2) No later than January 1 of each odd-numbered year, the
commission shall submit a report to the Justice Reinvestment
Grant Review Committee established under section 53 of this 2013
Act and to the Legislative Assembly in the manner provided by ORS
192.245, that includes the determinations described in subsection
(1) of this section and describes the methodology employed by the
commission in reaching those determinations.
  ' (3) As used in this section, 'avoided costs' includes the
costs of operating correctional facilities and the costs
associated with constructing additional prison capacity. + }
  '  { +  SECTION 60. + }  { + Section 59 of this 2013 Act is
repealed on July 1, 2023. + }

                                '
 { +  UNIT CAPTIONS + }

  '  { +  SECTION 61. + }  { + The unit captions in this 2013 Act
are provided only for the convenience of the reader and do not
become a part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                                '
 { +  EMERGENCY CLAUSE + }

  '  { +  SECTION 62. + }  { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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