Bill Text: OR SB187 | 2013 | Regular Session | Enrolled
Bill Title: Relating to conditional release; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-04-12 - Effective date, April 11, 2013. [SB187 Detail]
Download: Oregon-2013-SB187-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 187
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Corrections)
CHAPTER ................
AN ACT
Relating to conditional release; amending ORS 420A.206; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 420A.206 is amended to read:
420A.206. (1)(a) If, after the hearing required by ORS
420A.203, the court determines that conditional release is the
appropriate disposition, the court shall direct the Department of
Corrections to prepare a proposed release plan. The Department of
Corrections shall submit the release plan { + to the court + }
no later than 45 days after { - completion of the hearing - }
{ + receipt of the court's direction to prepare the plan + }.
The Department of Corrections shall incorporate any conditions
recommended by the court and shall consider any recommendations
made by the Oregon Youth Authority. The release plan submitted to
the court must include:
(A) A description of support services and program opportunities
available to the person;
(B) The recommended conditions of the release and supervision;
(C) The level of supervision required;
(D) Conditions or requirements that provide for the safety of
the victim, the victim's family and the community;
(E) For persons whose sentences include a requirement to make
restitution or to pay compensatory fines or attorney fees and who
have not yet made full payment, a payment schedule;
(F) Any conditions reasonably necessary to further the reform
and rehabilitation of the person and to ensure compliance with
the other conditions imposed; and
(G) Any special conditions necessary because of the person's
individual circumstances.
(b) If the court does not approve the proposed release plan,
the court shall return the plan to the Department of Corrections
with recommended modifications and additions. The Department of
Corrections shall submit a revised plan to the court no later
than 15 days after receipt of the court's recommended
modifications and additions.
(c) If the court does not approve the revised plan, the court
shall make any changes that the court deems appropriate and
Enrolled Senate Bill 187 (SB 187-INTRO) Page 1
prepare the final release plan. The final release plan must
require, in addition to any other conditions, that the person:
(A) Comply with the conditions of post-release supervision;
(B) Be under the supervision of the Department of Corrections
and its representatives and follow the direction and counsel of
the Department of Corrections and its representatives;
(C) Answer all reasonable inquiries of the court or the
supervisory authority of the Department of Corrections;
(D) Report to the supervision officer as directed by the court
or the supervisory authority of the Department of Corrections;
(E) Not own, possess or be in control of any dangerous weapon
or deadly weapon, as those terms are defined in ORS 161.015, or
any dangerous animal;
(F) Respect and obey all municipal, county, state and federal
laws;
(G) Participate in a victim impact treatment program; and
(H) Pay any restitution, compensatory fine or attorney fees
ordered and regularly perform any community service ordered.
(2) When the court has approved a final release plan, the court
shall enter an order conditionally releasing the person. The
order of conditional release shall:
(a) State the conditions of release;
(b) Require the person to comply fully with all of the
conditions of release;
(c) Confirm that the person has been given a copy of the
conditions of release;
(d) Continue the person's commitment to the legal custody of
the Department of Corrections;
(e) Provide that the Department of Corrections or its designee
shall supervise the person;
(f) Provide that the period of supervision is the entire
remainder of the sentence of imprisonment imposed, taking into
account any reduction in the sentence under ORS 421.121 or any
other statute, unless the conditional release is revoked or
suspended; and
(g) Require that the Department of Corrections or its designee
submit a report to the court no later than 90 days after the
person is conditionally released and at least every 180 days
thereafter informing the court of the person's circumstances and
progress on conditional release.
(3)(a) A person conditionally released under this section
remains within the jurisdiction of the sentencing court for the
period of the conditional release.
(b) At any time after the entry of an order of conditional
release, the court, on its own motion or on motion of the
Department of Corrections, may amend the conditional release
order to modify the conditions of the person's release and
supervision, providing that the modifications are consistent with
the requirements for conditions of release in subsections (1) and
(2) of this section. Before entering an amended order under this
paragraph, the court shall provide the Department of Corrections
and the person with a reasonable amount of time to comment on the
proposed modifications. The court shall serve the Department of
Corrections and the person with a copy of the amended order at
least 15 days before the order takes effect.
(c) The Department of Corrections and the supervisory authority
may adjust the level of the person's supervision as is
appropriate to the person's progress and conduct in the
community.
Enrolled Senate Bill 187 (SB 187-INTRO) Page 2
(4)(a) If an officer of the Department of Corrections or the
supervisory authority or a law enforcement officer has reasonable
grounds to believe that a person released under this section has
violated a condition of the release, the officer may take the
person into custody and detain the person pending a hearing on
the alleged violation as provided in paragraph (c) of this
subsection. No later than 24 hours after a person is taken into
custody under this subsection, the Department of Corrections or
the supervisory authority shall file a notice and affidavit with
the court as provided in paragraph (b) of this subsection and
serve a copy of the notice and affidavit on the person.
(b) When a notice and affidavit is filed under paragraph (a) of
this subsection and if the court finds that the notice and
affidavit state reasonable grounds to believe the person has
violated a condition of the release, the court shall issue an
order that the person appear and show cause why the conditional
release should not be revoked or suspended as a sanction for the
alleged violation. When a court issues an order under this
paragraph, the court shall:
(A) Serve a copy of the order to show cause on the person and
the district attorney; and
(B) Provide the person with written notice containing the
following information:
(i) The time, place and purpose of the hearing;
(ii) That the person has the right to have adverse witnesses
present at the hearing for purpose of confrontation and
cross-examination unless the court determines that good cause
exists for not permitting confrontation;
(iii) That the person has the right to subpoena witnesses and
present documentary evidence and testimony of witnesses;
(iv) That the person has the right to be represented by counsel
and, if financially eligible, to have counsel appointed at state
expense as provided in paragraph (d) of this subsection; and
(v) The possible sanction authorized if the court determines
that the person has violated the conditions of release.
(c) The court shall hold the hearing no more than 15 days after
issuing the order to appear and show cause. The court may order
the person to be detained pending the hearing and disposition.
(d) In a hearing under this subsection:
(A) The person has the right to be represented by counsel and,
if financially eligible, to have counsel appointed at state
expense if the court determines, after request, that the request
is based on a timely and colorable claim that:
(i) The person has not committed the alleged violation of the
release conditions;
(ii) Even if the violation is a matter of public record or is
uncontested, there are substantial reasons that justify or
mitigate the violation and make revocation inappropriate and the
reasons are complex or otherwise difficult to develop or present;
or
(iii) The person, in doubtful cases, appears to be incapable of
speaking effectively on the person's own behalf;
(B) The Department of Corrections or the supervisory authority
has the burden of proving the alleged violation by a
preponderance of the evidence;
(C) The state is a party and is represented by the district
attorney;
(D) The standards for the introduction and admissibility of
evidence in contested case hearings under ORS 183.450 (1) and (2)
apply in the hearing;
Enrolled Senate Bill 187 (SB 187-INTRO) Page 3
(E) If the court finds that the person has violated the
conditions of release and that subsection (5) of this section
does not apply, the person has the burden of establishing good
cause why the conditional release should not be revoked or
suspended; and
(F) At the conclusion of the hearing, the court shall enter an
order containing findings of fact and, if the court finds that
the person violated a condition of release, stating what
sanctions are imposed.
(e) Except as provided in subsection (5) of this section, when
the court finds that the person has violated a condition of
release, the court shall impose one or more of the following
sanctions:
(A) Adjustments to the level of supervision;
(B) Modifications of the conditions of release;
(C) Any appropriate available local sanctions including, but
not limited to, community service work, house arrest, electronic
surveillance, restitution centers, work release centers or day
centers;
(D) Suspension of conditional release for up to 180 days; or
(E) Revocation of conditional release.
(5) At the conclusion of the hearing, the court shall revoke
the person's conditional release and order the person committed
to the physical custody of the Department of Corrections to be
confined for the entire remainder of the sentence of imprisonment
imposed, taking into account any reduction in the sentence under
ORS 421.121 or any other statute, if the court finds that:
(a) The person has been convicted of a new criminal offense;
(b) The person has violated the condition prohibiting
ownership, possession or control of a dangerous weapon or deadly
weapon, as those terms are defined in ORS 161.015, or a dangerous
animal; or
(c) The person's conditional release has been suspended twice
under this section within the past 18 months.
(6)(a) The state, the Department of Corrections or the person
may appeal from an order of conditional release under this
section. The appellate court's review is limited to claims that
the court failed to comply with the requirements of law in
ordering the conditional release.
(b) The state, the Department of Corrections or the person may
appeal from an order of the court entered under subsection (4) or
(5) of this section. The appellate court's review is limited to
claims that:
(A) The disposition is not authorized under this section;
(B) The court failed to comply with the requirements of law;
and
(C) The finding of the court that the person did or did not
violate a condition of release is not supported by substantial
evidence in the record.
SECTION 2. { + 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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Enrolled Senate Bill 187 (SB 187-INTRO) Page 4
Passed by Senate February 12, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House April 3, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 187 (SB 187-INTRO) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 187 (SB 187-INTRO) Page 6
