Bill Text: OR SB60 | 2011 | Regular Session | Introduced
Bill Title: Relating to the Oregon Criminal Justice Commission; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB60 Detail]
Download: Oregon-2011-SB60-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 829
Senate Bill 60
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
for Oregon Criminal Justice Commission)
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.
Directs court to make certain sentencing information available
to Oregon Criminal Justice Commission electronically.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon Criminal Justice Commission; amending ORS
137.010, 137.656 and 144.791; repealing section 7, chapter 790,
Oregon Laws 1989; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.010 is amended to read:
137.010. (1) The statutes that define offenses impose a duty
upon the court having jurisdiction to pass sentence in accordance
with this section or, for felonies committed on or after November
1, 1989, in accordance with rules of the Oregon Criminal Justice
Commission unless otherwise specifically provided by law.
(2) If it cannot be determined whether the felony was committed
on or after November 1, 1989, the defendant shall be sentenced as
if the felony had been committed prior to November 1, 1989.
(3) Except when a person is convicted of a felony committed on
or after November 1, 1989, if the court is of the opinion that it
is in the best interests of the public as well as of the
defendant, the court may suspend the imposition or execution of
any part of a sentence for any period of not more than five
years. The court may extend the period of suspension beyond five
years in accordance with subsection (4) of this section.
(4) If the court suspends the imposition or execution of a part
of a sentence for an offense other than a felony committed on or
after November 1, 1989, the court may also impose and execute a
sentence of probation on the defendant for a definite or
indefinite period of not more than five years. However, upon a
later finding that a defendant sentenced to probation for a
felony has violated a condition of the probation and in lieu of
revocation, the court may order the period of both the suspended
sentence and the sentence of probation extended until a date not
more than six years from the date of original imposition of
sentence. Time during which the probationer has absconded from
supervision and a bench warrant has been issued for the
probationer's arrest shall not be counted in determining the time
elapsed since imposition of the sentence of probation.
(5) If the court announces that it intends to suspend
imposition or execution of any part of a sentence, the defendant
may, at that time, object and request imposition of the full
sentence. In no case, however, does the defendant have a right to
refuse the court's order, and the court may suspend imposition or
execution of a part of the sentence despite the defendant's
objection or request. If the court further announces that it
intends to sentence the defendant to a period of probation, the
defendant may, at that time, object and request that a sentence
of probation or its conditions not be imposed or that different
conditions be imposed. In no case, however, does the defendant
have the right to refuse a sentence of probation or any of the
conditions of the probation, and the court may sentence the
defendant to probation subject to conditions despite the
defendant's objection or request.
(6) The power of the judge of any court to suspend execution of
any part of a sentence or to sentence any person convicted of a
crime to probation shall continue until the person is delivered
to the custody of the Department of Corrections.
(7) When a person is convicted of an offense and the court does
not suspend the imposition or execution of any part of a sentence
or when a suspended sentence or sentence of probation is revoked,
the court shall impose the following sentence:
(a) A term of imprisonment;
(b) A fine;
(c) Both imprisonment and a fine; or
(d) Discharge of the defendant.
(8) This section does not deprive the court of any authority
conferred by law to enter a judgment for the forfeiture of
property, suspend or cancel a license, remove a person from
office or impose any other civil penalty. An order exercising
that authority may be included as part of the judgment of
conviction.
(9) When { - imposing sentence - } { + a defendant is
sentenced + } for a felony committed on or after November 1,
1989, the court shall
{ - submit sentencing information to the commission - }
{ + record sentencing information electronically and make the
information available to the Oregon Criminal Justice Commission,
+ }in accordance with rules of the commission.
(10) A judgment of conviction that includes a term of
imprisonment for a felony committed on or after November 1, 1989,
shall state the length of incarceration and the length of
post-prison supervision. The judgment of conviction shall also
provide that if the defendant violates the conditions of
post-prison supervision, the defendant shall be subject to
sanctions including the possibility of additional imprisonment in
accordance with rules of the commission.
SECTION 2. ORS 137.656 is amended to read:
137.656. (1) The purpose of the Oregon Criminal Justice
Commission is to improve the effectiveness and efficiency of
state and local criminal justice systems by providing a
centralized and impartial forum for statewide policy development
and planning.
(2) The primary duty of the commission is to develop and
maintain a state criminal justice policy and comprehensive,
long-range plan for a coordinated state criminal justice system
that encompasses public safety, offender accountability, crime
reduction and prevention and offender treatment and
rehabilitation. The plan must include, but need not be limited
to, recommendations regarding:
(a) Capacity, utilization and type of state and local prison
and jail facilities;
(b) Implementation of community corrections programs;
(c) Alternatives to the use of prison and jail facilities;
(d) Appropriate use of existing facilities and programs;
(e) Whether additional or different facilities and programs are
necessary;
(f) Methods of assessing the effectiveness of juvenile and
adult correctional programs, devices and sanctions in reducing
future criminal conduct by juvenile and adult offenders;
(g) Methods of reducing the risk of future criminal conduct;
and
(h) The effective utilization of local public safety
coordinating councils.
(3) Other duties of the commission are:
(a) To conduct joint studies by agreement with other state
agencies, boards or commissions on any matter within the
jurisdiction of the commission.
(b) To provide Oregon criminal justice analytical and
statistical information to federal agencies and serve as a
clearinghouse and information center for the collection,
preparation, analysis and dissemination of information on state
and local sentencing practices.
(c) To provide technical assistance and support to local public
safety coordinating councils.
(d) To receive grant applications to start or expand drug court
programs as defined in ORS 3.450, to make rules to govern the
grant process and to award grant funds according to the rules.
(4) The commission shall establish by rule the information that
must be { - submitted - } { + recorded + } under ORS 137.010
(9) and the methods for { - submitting - } { + recording + }
the information. A rule adopted under this subsection must be
approved by the Chief Justice of the Supreme Court before it
takes effect.
(5) The commission may:
(a) Apply for and receive gifts and grants from any public or
private source.
(b) Award grants from funds appropriated by the Legislative
Assembly to the commission or from funds otherwise available from
any other source, for the purpose of carrying out the duties of
the commission.
(c) Adopt rules to carry out the provisions of this subsection.
SECTION 3. ORS 144.791 is amended to read:
144.791. (1) When a person is convicted of a felony, including
a felony sexual offense, the sentencing court may order a
presentence report upon its own motion or upon the request of the
district attorney or the defendant.
(2) The sentencing court shall order a presentence report if
the defendant is convicted of a felony sexual offense unless:
(a) The defendant, as part of the same prosecution, is
convicted of aggravated murder;
(b) The felony sexual offense requires the imposition of a
mandatory minimum prison sentence and no departure is sought by
the court, district attorney or defendant; or
(c) The felony sexual offense requires imposition of a
presumptive prison sentence and no departure is sought by the
court, district attorney or defendant.
(3) The Department of Corrections shall:
(a) Require that a presentence report provide an analysis of
what disposition is most likely to reduce the offender's criminal
conduct, explain why that disposition would have that effect and
provide an assessment of the availability to the offender of any
relevant programs or treatment in or out of custody, whether
provided by the department or another entity;
(b) Determine what additional information must be included in
the presentence report; and
(c) Establish a uniform presentence report form.
{ + (4) The department shall consult with the Oregon Criminal
Justice Commission in developing rules applicable to presentence
reports. + }
SECTION 4. { + Section 7, chapter 790, Oregon Laws 1989, is
repealed. + }
SECTION 5. { + 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. + }
----------
