75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3634

Sponsored by Representative BARKER; Representative WHISNANT
  (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to victims' rights; creating new provisions; amending
  ORS 144.108, 144.120, 144.343, 161.325, 161.326, 181.601 and
  419C.529; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) To accord crime victims due dignity and
respect, a victim in a criminal proceeding described in
subsection (2) of this section has, upon request to the district
attorney before a judgment of conviction is entered, the
following rights:
  (a) The right to be notified by the district attorney of the
victims' rights described in this section and sections 2 and 4 of
this 2010 Act;
  (b) The right to reasonable, accurate and timely notice from
the Attorney General when an appeal is taken in the criminal
proceeding;
  (c) The right to reasonable, accurate and timely notice from
the counsel for the state when a conviction in the criminal
proceeding is the subject of a petition for post-conviction
relief filed under ORS 138.510 to 138.680;
  (d) The right to attend any public hearing related to the
criminal proceeding that is conducted by an appellate court; and
  (e) The right to be reasonably protected from the offender, if
the offender is present, at any related appellate or
post-conviction relief proceeding.
  (2) The provisions of this section apply only to criminal
proceedings involving a defendant charged with or convicted of:
  (a) A person felony, as that term is defined in the rules of
the Oregon Criminal Justice Commission;
  (b) A person Class A misdemeanor, as that term is defined in
the rules of the Oregon Criminal Justice Commission;
  (c) Burglary in the first degree under ORS 164.225;
  (d) A sex crime as defined in ORS 181.594; or
  (e) An attempt, conspiracy or solicitation to commit a crime
described in paragraph (a) or (b) of this subsection.
  (3) As used in this section, 'victim' has the meaning given
that term in ORS 131.007. + }
  SECTION 2.  { + (1) To accord crime victims due dignity and
respect, a victim of a crime that is the subject of a petition
for post-conviction relief filed under ORS 138.510 to 138.680
has, upon request, the following rights:

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  (a) The right to have the victim's schedule taken into account
in scheduling the post-conviction proceedings;
  (b) The right to inspect, in advance of the post-conviction
proceedings, any public record on which the disposition of the
petition will be based;
  (c) The right to be heard, either orally or in writing, at the
hearing;
  (d) The right to consult with counsel for the state regarding
the post-conviction proceeding, including, if applicable, notice
of and the opportunity to consult regarding a settlement
agreement; and
  (e) The right to be informed by counsel for the state of the
manner in which the petition was disposed.
  (2) As used in this section, 'victim' has the meaning given
that term in ORS 131.007. + }
  SECTION 3.  { + Section 4 of this 2010 Act is added to and made
a part of ORS chapter 144. + }
  SECTION 4.  { + (1) To accord crime victims due dignity and
respect, a victim of a crime that is the subject of a proceeding
conducted by the State Board of Parole and Post-Prison
Supervision has the following rights:
  (a) The right to be reasonably protected from the offender
during the proceeding;
  (b) The right to attend the proceeding in person or, at the
discretion of the victim and with advance notice to the board, to
attend the proceeding by alternative means; and
  (c) The right to request the district attorney of the county in
which the offender was convicted, in the discretion of the
district attorney, to participate in the proceeding.
  (2)(a) The board must make a reasonable effort to notify the
district attorney of the county in which the offender was
convicted and the victim, if the victim requests to be notified
and furnishes the board a current address, of any hearing
conducted by the board. The board shall send written notice to
the current addresses of the district attorney and the victim no
later than 30 days before the hearing.
  (b) The victim, personally or by counsel, and the district
attorney of the county in which the offender was convicted have
the right to appear at a hearing conducted by the board and may
submit written and oral statements adequately and reasonably
expressing any views concerning the crime and the offender.
  (c) The victim, personally or by counsel, and the district
attorney of the county in which the offender was convicted shall
be given access to the information that the board will rely upon
in the hearing. The victim and the district attorney shall be
given adequate time to rebut the information. The victim or the
district attorney may request that the board, in the discretion
of the board, obtain and consider additional records, evaluations
or other documents.
  (3)(a) A supervisory authority must make a reasonable effort to
notify the victim, if the victim requests to be notified and
furnishes the supervisory authority a current address, of any
contested hearing conducted by the supervisory authority. The
supervisory authority shall send written notice to the current
address of the victim as soon as practicable.
  (b) The victim, personally or by counsel, has the right to
appear at a contested hearing conducted by the supervisory
authority and may submit written and oral statements adequately
and reasonably expressing any views concerning the crime and the
offender.

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  (c) The victim, personally or by counsel, shall be given access
to information that the supervisory authority will rely upon in
the contested hearing. The victim shall be given adequate time to
rebut the information. The victim may request that the
supervisory authority, in the discretion of the supervisory
authority, obtain and consider additional records, evaluations or
other documents.
  (4) For purposes of this section, the victim may appear
personally through the victim's next of kin or a representative
selected by the victim. + }
  SECTION 5.  { + In any habeas corpus proceeding brought in
federal court to which the State of Oregon is a party, the state
shall comply with the rights afforded to crime victims under 18
U.S.C.  3771. Remedies for violations of 18 U.S.C. 3771 are as
provided under federal law. + }
  SECTION 6. ORS 161.326 is amended to read:
  161.326. (1) Whenever a person already under the
 { - board's - } jurisdiction  { + of the Psychiatric Security
Review Board + } commits a new crime, the court or the board
shall make the findings described in ORS 161.325 (2).
  (2) If the trial court or the board determines that a victim
desires notification as described in ORS 161.325 (2), the board
shall make a reasonable effort to notify the victim of board
hearings { +  and orders + }, conditional release, discharge or
escape.   { +  Nothing in this subsection authorizes the board to
disseminate information that is otherwise privileged by law.
  (3) When the board conducts a hearing involving a person found
guilty except for insanity of a crime for which there is a
victim, the board shall afford the victim an opportunity to be
heard, either orally or in writing, at the hearing.
  (4)(a) If the board fails to make a reasonable effort to notify
the victim of a board hearing under subsection (2) of this
section or fails to afford the victim an opportunity to be heard
at the hearing under subsection (3) of this section, the victim
may request that the board reconsider the order of the board.
  (b) If the board determines that the board failed to make a
reasonable effort to notify the victim or failed to afford the
victim an opportunity to be heard, except as provided in
paragraph (c) of this subsection, the board shall grant the
request for reconsideration. Upon reconsideration, the board
shall consider the statement of the victim and may consider any
other information that was not available to the board at the
previous hearing.
  (c) The board may not grant a request for reconsideration that
is made:
  (A) After the person has been discharged from the jurisdiction
of the board;
  (B) After the board has held a subsequent hearing involving the
person; or
  (C) If the board failed to make a reasonable effort to notify
the victim of a hearing, more than 30 days after the victim knew
or reasonably should have known of the hearing. + }
  SECTION 7.  { + Section 8 of this 2010 Act is added to and made
a part of ORS 419C.529 to 419C.544. + }
  SECTION 8.  { + (1) If the juvenile court or the juvenile panel
of the Psychiatric Security Review Board determines that a victim
desires notification as described in ORS 419C.529, the panel
shall make a reasonable effort to notify the victim of panel
hearings and orders, conditional release, discharge or escape.

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Nothing in this subsection authorizes the panel to disseminate
information that is otherwise privileged by law.
  (2) When the panel conducts a hearing involving a young person
found responsible except for insanity for an act for which there
is a victim, the panel shall afford the victim an opportunity to
be heard, either orally or in writing, at the hearing.
  (3)(a) If the panel fails to make a reasonable effort to notify
the victim of a panel hearing under subsection (1) of this
section or fails to afford the victim an opportunity to be heard
under subsection (2) of this section, the victim may request that
the panel reconsider the order of the panel.
  (b) If the panel determines that the panel failed to make a
reasonable effort to notify the victim or failed to afford the
victim an opportunity to be heard, except as provided in
paragraph (c) of this subsection, the panel shall grant the
request for reconsideration. Upon reconsideration, the panel
shall consider the statement of the victim and may consider any
other information that was not available to the panel at the
previous hearing.
  (c) The panel may not grant a request for reconsideration that
is made:
  (A) After the young person has been discharged from the
jurisdiction of the Psychiatric Security Review Board;
  (B) After the panel has held a subsequent hearing involving the
young person; or
  (C) If the panel failed to make a reasonable effort to notify
the victim of a hearing, more than 30 days after the victim knew
or reasonably should have known of the hearing. + }
  SECTION 9. ORS 161.325 is amended to read:
  161.325. (1) After entry of judgment of guilty except for
insanity, the court shall, on the basis of the evidence given at
the trial or at a separate hearing, if requested by either party,
make an order as provided in ORS 161.327 or 161.329, whichever is
appropriate.
  (2) If the court makes an order as provided in ORS 161.327, it
shall also:
  (a) Determine on the record the offense of which the person
otherwise would have been convicted;
  (b) State on the record the mental disease or defect on which
the defendant relied for the guilty except for insanity defense;
and
  (c) Make specific findings on whether there is a victim of the
crime for which the defendant has been found guilty except for
insanity and, if so, whether the victim wishes to be notified,
under ORS 161.326 (2), of any Psychiatric Security Review Board
hearings { +  and orders + } concerning the defendant and of any
conditional release, discharge or escape of the defendant.
  (3) The court shall include any such findings in its order.
  (4) Except under circumstances described in ORS 137.076 (4),
whenever a defendant charged with any offense listed in ORS
137.076 (1) has been found guilty of that offense except for
insanity, the court shall, in any order entered under ORS 161.327
or 161.329, direct the defendant to submit to the obtaining of a
blood or buccal sample in the manner provided in ORS 137.076.
  SECTION 10. ORS 419C.529 is amended to read:
  419C.529. (1) After the entry of a jurisdictional order under
ORS 419C.411 (2), if the court finds by a preponderance of the
evidence that the young person, at the time of disposition, has a
serious mental condition or has a mental disease or defect other
than a serious mental condition and presents a substantial danger

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to others, requiring conditional release or commitment to a
hospital or facility designated on an individual case basis by
the Department of Human Services or the Oregon Health Authority
as provided in subsection (6) of this section, the court shall
order the young person placed under the jurisdiction of the
Psychiatric Security Review Board.
  (2) The court shall determine whether the young person should
be committed to a hospital or facility designated on an
individual case basis by the department or the authority, as
provided in subsection (6) of this section, or conditionally
released pending a hearing before the juvenile panel of the
Psychiatric Security Review Board as follows:
  (a) If the court finds that the young person is not a proper
subject for conditional release, the court shall order the young
person committed to a secure hospital or a secure intensive
community inpatient facility designated on an individual case
basis by the department or the authority, as provided in
subsection (6) of this section, for custody, supervision and
treatment pending a hearing before the juvenile panel in
accordance with ORS 419C.532, 419C.535, 419C.538, 419C.540 and
419C.542 and shall order the young person placed under the
jurisdiction of the board.
  (b) If the court finds that the young person can be adequately
controlled with supervision and treatment services if
conditionally released and that necessary supervision and
treatment services are available, the court may order the young
person conditionally released, subject to those supervisory
orders of the court that are in the best interests of justice and
the young person. The court shall designate a qualified mental
health or developmental disabilities treatment provider or state,
county or local agency to supervise the young person on release,
subject to those conditions as the court directs in the order for
conditional release. Prior to the designation, the court shall
notify the qualified mental health or developmental disabilities
treatment provider or agency to whom conditional release is
contemplated and provide the qualified mental health or
developmental disabilities treatment provider or agency an
opportunity to be heard before the court. After receiving an
order entered under this paragraph, the qualified mental health
or developmental disabilities treatment provider or agency
designated shall assume supervision of the young person subject
to the direction of the juvenile panel. The qualified mental
health or developmental disabilities treatment provider or agency
designated as supervisor shall report in writing no less than
once per month to the juvenile panel concerning the supervised
young person's compliance with the conditions of release.
  (c) For purposes of determining whether to order commitment to
a hospital or facility or conditional release, the primary
concern of the court is the protection of society.
  (3) In determining whether a young person should be
conditionally released, the court may order examinations or
evaluations deemed necessary.
  (4) Upon placing a young person on conditional release and
ordering the young person placed under the jurisdiction of the
board, the court shall notify the juvenile panel in writing of
the court's conditional release order, the supervisor designated
and all other conditions of release pending a hearing before the
juvenile panel in accordance with ORS 419C.532, 419C.535,
419C.538, 419C.540 and 419C.542.
  (5) When making an order under this section, the court shall:

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  (a) Determine whether the parent or guardian of the young
person is able and willing to assist the young person in
obtaining necessary mental health or developmental disabilities
services and is willing to acquiesce in the decisions of the
juvenile panel. If the court finds that the parent or guardian:
  (A) Is able and willing to do so, the court shall order the
parent or guardian to sign an irrevocable consent form in which
the parent agrees to any placement decision made by the juvenile
panel.
  (B) Is unable or unwilling to do so, the court shall order that
the young person be placed in the legal custody of the Department
of Human Services for the purpose of obtaining necessary
developmental disabilities services or the Oregon Health
Authority for the purpose of obtaining necessary mental health
services.
  (b) Make specific findings on whether there is a victim and, if
so, whether the victim wishes to be notified of any board
hearings { +  and orders + } concerning the young person and of
any conditional release, discharge or escape of the young person.
  (c) Include in the order a list of the persons who wish to be
notified of any board hearing concerning the young person.
  (d) Determine on the record the act committed by the young
person for which the young person was found responsible except
for insanity.
  (e) State on the record the mental disease or defect on which
the young person relied for the responsible except for insanity
defense.
  (6) When the department designates a facility for the
commitment of a developmentally disabled young person under this
section, or the authority designates a hospital or facility for
commitment of a mentally ill young person under this section, the
department and the authority shall take into account the care and
treatment needs of the young person, the resources available to
the department or the authority and the safety of the public.
  SECTION 11. ORS 144.120 is amended to read:
  144.120. (1)(a) Within six months of the admission of a
prisoner to any Department of Corrections institution, with the
exception of those prisoners sentenced to a term of imprisonment
for life or for more than five years, the State Board of Parole
and Post-Prison Supervision shall conduct a parole hearing to
interview the prisoner and set the initial date of release on
parole pursuant to subsection (2) of this section. For those
prisoners sentenced to a term of imprisonment for more than five
years but less than 15 years, the board shall conduct the parole
hearing and set the initial date of release within eight months
following admission of the prisoner to the institution. For those
prisoners sentenced to a term of imprisonment for life or for 15
years or more, with the exception of those sentenced for
aggravated murder or murder, the board shall conduct the parole
hearing, and shall set the initial release date, within one year
following admission of the prisoner to the institution. Release
shall be contingent upon satisfaction of the requirements of ORS
144.125.
  (b) Those prisoners sentenced to a term of imprisonment for
less than 15 years for commission of an offense designated by
rule by the board as a non person-to-person offense may waive
their rights to the parole hearing. When a prisoner waives the
parole hearing, the initial date of release on parole may be set
administratively by the board pursuant to subsections (2) to (6)
of this section. If the board is not satisfied that the waiver

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was made knowingly or intelligently or if it believes more
information is necessary before making its decision, it may order
a hearing.
  (2) In setting the initial parole release date for a prisoner
pursuant to subsection (1) of this section, the board shall apply
the appropriate range established pursuant to ORS 144.780.
Variations from the range shall be in accordance with ORS
144.785.
  (3) In setting the initial parole release date for a prisoner
pursuant to subsection (1) of this section, the board shall
consider the presentence investigation report specified in ORS
144.791 or, if no such report has been prepared, a report of
similar content prepared by the Department of Corrections.
  (4) Notwithstanding subsection (1) of this section, in the case
of a prisoner whose offense included particularly violent or
otherwise dangerous criminal conduct or whose offense was
preceded by two or more convictions for a Class A or Class B
felony or whose record includes a psychiatric or psychological
diagnosis of severe emotional disturbance such as to constitute a
danger to the health or safety of the community, the board may
choose not to set a parole date.
  (5) After the expiration of six months after the admission of
the prisoner to any Department of Corrections institution, the
board may defer setting the initial parole release date for the
prisoner for a period not to exceed 90 additional days pending
receipt of psychiatric or psychological reports, criminal records
or other information essential to formulating the release
decision.
  (6) When the board has set the initial parole release date for
a prisoner, it shall inform the sentencing court of the date.
    { - (7) The State Board of Parole and Post-Prison Supervision
must attempt to notify the victim, if the victim requests to be
notified and furnishes the board a current address, and the
district attorney of the committing county at least 30 days
before all hearings by sending written notice to the current
addresses of both. The victim, personally or by counsel, and the
district attorney from the committing jurisdiction shall have the
right to appear at any hearing or, in their discretion, to submit
a written statement adequately and reasonably expressing any
views concerning the crime and the person responsible. The victim
and the district attorney shall be given access to the
information that the board or division will rely upon and shall
be given adequate time to rebut the information. Both the victim
and the district attorney may present information or evidence at
any hearing, subject to such reasonable rules as may be imposed
by the officers conducting the hearing. For the purpose of this
subsection, 'victim' includes the actual victim, a representative
selected by the victim, the victim's next of kin or, in the case
of abuse of corpse in any degree, an appropriate member of the
immediate family of the decedent. - }
  SECTION 12. ORS 144.108 is amended to read:
  144.108. (1) If the violation of post-prison supervision is new
criminal activity or if the supervisory authority finds that the
continuum of sanctions is insufficient punishment for a violation
of the conditions of post-prison supervision, the supervisory
authority may:
  (a) Impose the most restrictive sanction available, including
incarceration in jail;

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  (b) Request the State Board of Parole and Post-Prison
Supervision to impose a sanction under subsection (2) of this
section; or
  (c) Request the board to impose a sanction under ORS 144.107.
  (2) If so requested, the board or its designated representative
shall hold a hearing to determine whether incarceration in a jail
or state correctional facility is appropriate. Except as
otherwise provided by rules of the board and the Department of
Corrections concerning parole and post-prison supervision
violators, the board may impose a sanction up to the maximum
provided by rules of the Oregon Criminal Justice Commission. In
conducting a hearing pursuant to this subsection, the board or
its designated representative shall follow the procedures and the
offender shall have all the rights described in ORS 144.343 and
144.347 relating to revocation of parole.
  (3) A person who is ordered to serve a term of incarceration in
a jail or state correctional facility as a sanction for a
post-prison supervision violation is not eligible for:
  (a) Earned credit time as described in ORS 169.110 or 421.121;
  (b) Transitional leave as defined in ORS 421.168; or
  (c) Temporary leave as described in ORS 169.115 or 421.165
(1987 Replacement Part).
  (4) A person who is ordered to serve a term of incarceration in
a state correctional facility as a sanction for a post-prison
supervision violation shall receive credit for time served on the
post-prison supervision violation prior to the board's imposition
of the term of incarceration.
    { - (5)(a) The victim has the right: - }
    { - (A) Upon request made within the time period prescribed
in the notice required by ORS 147.417, to be notified by the
board of any hearing before the board that may result in a
revocation sanction for a post-prison supervision violation; - }
    { - (B) To appear personally at the hearing; and - }
    { - (C) If present, to reasonably express any views relevant
to the issues before the board. - }
    { - (b) Except to the extent section 42 or 43, Article I of
the Oregon Constitution, grants rights to, and is enforceable by,
a victim in a proceeding conducted by the board, the failure of
the board to notify the victim under paragraph (a) of this
subsection or failure of the victim to appear at the hearing does
not affect the validity of the proceeding. - }
  SECTION 13. ORS 144.343 is amended to read:
  144.343. (1) When the State Board of Parole and Post-Prison
Supervision or its designated representative has been informed
and has reasonable grounds to believe that a person under its
jurisdiction has violated a condition of parole and that
revocation of parole may be warranted, the board or its
designated representative shall conduct a hearing as promptly as
convenient to determine whether there is probable cause to
believe a violation of one or more of the conditions of parole
has occurred and also conduct a parole violation hearing if
necessary. Evidence received and the order of the court at a
preliminary hearing under ORS 135.070 to 135.225 may be used by
the board to determine the existence of probable cause. A waiver
by the defendant of any preliminary hearing shall also constitute
a waiver of probable cause hearing by the board. The location of
the hearing shall be reasonably near the place of the alleged
violation or the place of confinement.
  (2) The board may:

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  (a) Reinstate or continue the alleged violator on parole
subject to the same or modified conditions of parole;
  (b) Revoke parole and require that the parole violator serve
the remaining balance of the sentence as provided by law;
  (c) Impose sanctions as provided in ORS 144.106; or
  (d) Delegate the authority, in whole or in part, granted by
this subsection to its designated representative as provided by
rule.
  (3) Within a reasonable time prior to the hearing, the board or
its designated representative shall provide the parolee with
written notice which shall contain the following information:
  (a) A concise written statement of the suspected violations and
the evidence which forms the basis of the alleged violations.
  (b) The parolee's right to a hearing and the time, place and
purpose of the hearing.
  (c) The names of persons who have given adverse information
upon which the alleged violations are based and the right of the
parolee to have such persons present at the hearing for the
purposes of confrontation and cross-examination unless it has
been determined that there is good cause for not allowing
confrontation.
  (d) The parolee's right to present letters, documents,
affidavits or persons with relevant information at the hearing
unless it has been determined that informants would be subject to
risk of harm if their identity were disclosed.
  (e) The parolee's right to subpoena witnesses under ORS
144.347.
  (f) The parolee's right to be represented by counsel and, if
indigent, to have counsel appointed at board expense if the board
or its designated representative determines, after request, that
the request is based on a timely and colorable claim that:
  (A) The parolee has not committed the alleged violation of the
conditions upon which the parolee is at liberty;
  (B) Even if the violation is a matter of public record or is
uncontested, there are substantial reasons which justify or
mitigate the violation and make revocation inappropriate and that
the reasons are complex or otherwise difficult to develop or
present; or
  (C) The parolee, in doubtful cases, appears to be incapable of
speaking effectively on the parolee's own behalf.
  (g) That the hearing is being held to determine:
  (A) Whether there is probable cause to believe a violation of
one or more of the conditions of parole has occurred; and
  (B) If there is probable cause to believe a violation of one or
more of the conditions of parole has occurred:
  (i) Whether to reinstate parole;
  (ii) Whether to continue the alleged violator on parole subject
to the same or modified conditions of parole; or
  (iii) Whether to revoke parole and require that the parole
violator serve a term of imprisonment consistent with ORS
144.346.
  (4) At the hearing the parolee shall have the right:
  (a) To present evidence on the parolee's behalf, which shall
include the right to present letters, documents, affidavits or
persons with relevant information regarding the alleged
violations;
  (b) To confront witnesses against the parolee unless it has
been determined that there is good cause not to allow
confrontation;

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  (c) To examine information or documents which form the basis of
the alleged violation unless it has been determined that
informants would be subject to risk of harm if their identity is
disclosed; and
  (d) To be represented by counsel and, if indigent, to have
counsel provided at board expense if the request and
determination provided in subsection (3)(f) of this section have
been made. If an indigent's request is refused, the grounds for
the refusal shall be succinctly stated in the record.
  (5) Within a reasonable time after the preliminary hearing, the
parolee shall be given a written summary of what transpired at
the hearing, including the board's or its designated
representative's decision or recommendation and reasons for the
decision or recommendation and the evidence upon which the
decision or recommendation was based. If an indigent parolee's
request for counsel at board expense has been made in the manner
provided in subsection (3)(f) of this section and refused, the
grounds for the refusal shall be succinctly stated in the
summary.
  (6)(a) The parolee may admit or deny the violation without
being physically present at the hearing if the parolee appears
before the board or its designee by means of simultaneous
television transmission allowing the board to observe and
communicate with the parolee and the parolee to observe and
communicate with the board or by telephonic communication
allowing the board to communicate with the parolee and the
parolee to communicate with the board.
  (b) Notwithstanding paragraph (a) of this subsection,
appearance by simultaneous television transmission or telephonic
communication shall not be permitted unless the facilities used
enable the parolee to consult privately with counsel during the
proceedings.
  (7) If the board or its designated representative has
determined that there is probable cause to believe that a
violation of one or more of the conditions of parole has
occurred, the hearing shall proceed to receive evidence from
which the board may determine whether to reinstate or continue
the alleged parole violator on parole subject to the same or
modified conditions of parole or revoke parole and require that
the parole violator serve a term of imprisonment as provided by
ORS 144.346.
  (8) At the conclusion of the hearing if probable cause has been
determined and the hearing has been held by a member of the board
or by a designated representative of the board, the person
conducting the hearing shall transmit the record of the hearing,
together with a proposed order including findings of fact,
recommendation and reasons for the recommendation to the board.
The parolee or the parolee's representative shall have the right
to file exceptions and written arguments with the board. The
right to file exceptions and written arguments may be waived.
After consideration of the record, recommendations, exceptions
and arguments a quorum of the board shall enter a final order
including findings of fact, its decision and reasons for the
decision.
    { - (9)(a) The victim has the right: - }
    { - (A) Upon request made within the time period prescribed
in the notice required by ORS 147.417, to be notified by the
board of any hearing before the board that may result in the
revocation of the parolee's parole; - }
    { - (B) To appear personally at the hearing; and - }

Enrolled House Bill 3634 (HB 3634-A)                      Page 10

    { - (C) If present, to reasonably express any views relevant
to the issues before the board. - }
    { - (b) Except to the extent section 42 or 43, Article I of
the Oregon Constitution, grants rights to, and is enforceable by,
a victim in a proceeding conducted by the board, the failure of
the board to notify the victim under paragraph (a) of this
subsection or failure of the victim to appear at the hearing does
not affect the validity of the proceeding. - }
  SECTION 14. ORS 181.601 is amended to read:
  181.601. (1)(a) When information about a person is first
entered into the Law Enforcement Data System under ORS 181.592,
the person will be assigned a registry identification number.
  (b) A victim shall be issued a victim identification number and
shall be given the registry identification number of the person
who committed the crime against the victim:
  (A) At any time, upon request by the victim; and
  (B) Upon verification of the identification of the victim.
  (2) The Department of State Police shall establish a toll-free
telephone number to provide victims with updates on the prison
status, release information, parole status and any other
information authorized for release in ORS 181.592 (2) and (3)
regarding the person who committed the crime against the victim.
The telephone line shall be operational within the state during
normal working hours.
  (3) Access of the victim to the telephone line shall be revoked
if the victim makes public, or otherwise misuses, information
received.
  (4) When a victim receives notification under   { - ORS 144.120
(7) - }  { +  section 4 of this 2010 Act + } of upcoming parole
release hearings, or at any other time that the victim is
notified concerning the offender, the victim shall be provided a
notice of rights under this section and information about the
toll-free telephone number.
  SECTION 15.  { + (1) Sections 1 to 5, 7 and 8 of this 2010 Act
and the amendments to ORS 144.108, 144.120, 144.343, 161.325,
161.326, 181.601 and 419C.529 by sections 6, 9, 10, 11, 12, 13
and 14 of this 2010 Act become operative on the date that is 60
days after the effective date of this 2010 Act.
  (2) The Attorney General, the State Board of Parole and
Post-Prison Supervision, the supervisory authority as defined in
ORS 144.087 and the Psychiatric Security Review Board may adopt
rules or take any other action before the operative date
specified in subsection (1) of this section that is necessary to
exercise, on or after the operative date specified in subsection
(1) of this section, all the duties, functions and powers
conferred on the Attorney General, the State Board of Parole and
Post-Prison Supervision, the supervisory authority and the
Psychiatric Security Review Board by sections 1 to 5, 7 and 8 of
this 2010 Act and the amendments to ORS 144.108, 144.120,
144.343, 161.325, 161.326, 181.601 and 419C.529 by sections 6, 9,
10, 11, 12, 13 and 14 of this 2010 Act. + }
  SECTION 16.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
                         ----------

Enrolled House Bill 3634 (HB 3634-A)                      Page 11

Passed by House February 23, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 24, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3634 (HB 3634-A)                      Page 12

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3634 (HB 3634-A)                      Page 13