Bill Text: OR SB39 | 2011 | Regular Session | Introduced
Bill Title: Relating to collection of restitution; appropriating money; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB39 Detail]
Download: Oregon-2011-SB39-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 867
Senate Bill 39
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 Attorney General John
Kroger for Department of Justice)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires Department of Justice to establish restitution
collection pilot program in geographically dispersed counties or
regions and to make grants to enable district attorney's offices
in participating counties or regions to employ one restitution
clerk. Requires restitution clerks to investigate evidence of
damages suffered by victims of crime and defendant's ability to
pay restitution and provide to prosecuting attorney.
Directs department to employ collection agents for
investigation work related to collecting restitution.
Establishes Restitution Collection Pilot Program Fund.
Continuously appropriates moneys in fund to department for
purposes of pilot program.
Appropriates moneys from Criminal Injuries Compensation Account
for purposes of pilot program. Specifies distribution of moneys
paid by defendants in cases in which restitution clerks and
collection agents have participated.
Sunsets January 2, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to collection of restitution; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Department of Justice shall establish a
restitution collection pilot program in geographically dispersed
counties or regions of this state to increase the collection of
restitution ordered under ORS 137.106 and 137.107.
(2)(a) The department shall make grants from the Restitution
Collection Pilot Program Fund established under section 2 of this
2011 Act to enable the district attorney's office of each county,
or a district attorney's office located in a region,
participating in the pilot program to employ one restitution
clerk.
(b) Each restitution clerk shall:
(A) Investigate evidence of the nature and amount of the
damages suffered by victims of crime pursuant to ORS 137.106;
(B) Investigate and compile information regarding the
defendant's ability to pay restitution; and
(C) Provide the evidence and information obtained pursuant to
this paragraph to the prosecuting attorney before any hearing on
the issue of restitution.
(c) Pursuant to section 42, Article I of the Oregon
Constitution, and ORS 137.106, the district attorney shall
present the information and evidence obtained by the restitution
clerk to the court.
(3)(a) The department shall employ collection agents and assign
one agent to each county or region participating in the
restitution collection pilot program.
(b) Each collection agent shall:
(A) Conduct in-house and field collection investigation work to
collect restitution from offenders and liable third parties;
(B) Coordinate the collection investigation work with the
respective restitution clerk in the participating county or
region; and
(C) Be available to present the results of the collection
investigation work in judicial proceedings, including sentencing
hearings, parole revocation hearings, judgment debtor
examinations and contempt proceedings.
(4) The department shall adopt rules to carry out the
provisions of this section. + }
SECTION 2. { + There is established in the State Treasury,
separate and distinct from the General Fund, the Restitution
Collection Pilot Program Fund. All moneys in the fund are
continuously appropriated to the Department of Justice to carry
out the provisions of section 1 of this 2011 Act. + }
SECTION 3. { + (1) There is appropriated to the Department of
Justice, out of the Criminal Injuries Compensation Account
established under ORS 147.225, the amount of $1,800,000, to be
deposited in the Restitution Collection Pilot Program Fund
established under section 2 of this 2011 Act, for the purpose of
carrying out the provisions of section 1 of this 2011 Act.
(2) Of the moneys deposited in the Restitution Collection Pilot
Program Fund under this section, the department shall expend at
least $800,000 to make grants under section 1 (2)(a) of this 2011
Act to counties and regions participating in the restitution
collection pilot program. + }
SECTION 4. { + Moneys paid by defendants in cases in which
restitution clerks and collection agents employed pursuant to
section 1 of this 2011 Act have participated must be distributed
as provided in ORS 137.295, except that after the total of
category 1 obligations are paid, the 50 percent that ordinarily
would be credited to category 3 must be paid into the:
(1) Criminal Injuries Compensation Account established under
ORS 147.225 until the full amount of the appropriation made under
section 3 of this 2011 Act is repaid.
(2) Restitution Collection Pilot Program Fund after the full
amount of the appropriation made under section 3 of this 2011 Act
is repaid. + }
SECTION 5. { + (1) Sections 1 to 4 of this 2011 Act are
repealed on January 2, 2014.
(2) Unobligated moneys in the Restitution Collection Pilot
Program Fund on January 2, 2014, revert to the Criminal Injuries
Compensation Account.
(3) The repeal of sections 1 to 4 of this 2011 Act by this
section does not affect the validity of judgments for restitution
that remain unfulfilled on January 2, 2014. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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