Bill Text: OR SB609 | 2011 | Regular Session | Introduced

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Bill Title: Relating to crime; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB609 Detail]

Download: Oregon-2011-SB609-Introduced.html

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     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 3334

                         Senate Bill 609

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Eliminates sunset of provision authorizing supervisory
authority to place certain offenders on inactive post-prison
supervision.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crime; amending sections 47 and 49, chapter 660,
  Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 49, chapter 660, Oregon Laws 2009, as
amended by section 6, chapter 2, Oregon Laws 2010, is amended to
read:
   { +  Sec. 49. + } (1) ORS 144.285 applies to prisoners
convicted of aggravated murder or murder that was committed
before, on or after July 1, 2009, and whose petition for a change
in the terms of confinement is denied on or after January 1,
2010.
  (2) ORS 144.280 applies to prisoners sentenced for a crime
committed prior to November 1, 1989, and who are denied parole on
or after January 1, 2010.
  (3) The amendments to ORS 144.125, 144.228 and 144.232 by
sections 3 to 5, chapter 660, Oregon Laws 2009, apply to
prisoners:
  (a) Whose release date is postponed under ORS 144.125 on or
after January 1, 2010.
  (b) For whom the State Board of Parole and Post-Prison
Supervision is unable to set a release date under ORS 144.228 or
144.232 on or after January 1, 2010.
  (4) The amendments to ORS 137.717,   { - 137.721 and - }
164.162  { + and 475.935 + } by sections 8, 9 and 15, chapter
660, Oregon Laws 2009, apply to sentences imposed:
  (a) On or after February 15, 2010; and
  (b) For crimes committed on or after January 1, 2009, and
before January 1, 2012.
  (5) ORS 475.933 and the amendments to ORS 137.717,
 { - 137.721 and - }  164.162  { + and 475.935 + } by sections
11, 14 and 16, chapter 660, Oregon Laws 2009, apply to sentences
imposed for crimes committed on or after January 1, 2012.
  (6) The amendments to ORS 421.121 by section 17, chapter 660,
Oregon Laws 2009, apply to inmates who:
  (a) Are sentenced for a crime committed:
  (A) On or after July 1, 2009; and
  (B) Before   { - the effective date of this 2010 Act - }  { +
February 17, 2010 + }; and
  (b) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
  (7) The amendments to ORS 421.121 by section 19, chapter 660,
Oregon Laws 2009, apply to inmates who:
  (a) Are sentenced for a crime committed on or after   { - the
effective date of this 2010 Act - }   { + February 17, 2010, + }
and before July 1, 2011; and
  (b) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
  (8) The amendments to ORS 137.545 by section 20, chapter 660,
Oregon Laws 2009, apply to crimes committed before July 1, 2011.
  (9) Section 21, chapter 660, Oregon Laws 2009, applies to
persons:
  (a) Convicted of a crime committed before July 1, 2011; and
  (b) Who are on probation on or after the effective date of the
rules adopted by the Department of Corrections under section 21
(3), chapter 660, Oregon Laws 2009.
  (10) Section 31, chapter 660, Oregon Laws 2009, applies to
crimes committed:
  (a) On or after February 15, 2010; and
  (b) Before January 1, 2012.
  (11) The amendments to ORS 137.545 by section 32, chapter 660,
Oregon Laws 2009, apply to crimes committed on or after July 1,
2011.
  (12) ORS 163.168 and the amendments to ORS 163.165 and 163.235
by sections 39 and 43, chapter 660, Oregon Laws 2009, apply to
conduct occurring on or after July 1, 2009.
  (13) Except as provided in subsection (14) of this section,
section 23, chapter 660, Oregon Laws 2009, applies to persons:
  (a) Convicted of a crime committed before { + , on or after + }
July 1, 2011; and
  (b) Sentenced to the legal and physical custody of the
supervisory authority under ORS 137.124 (2).
  (14)(a) A person sentenced to the legal and physical custody of
a supervisory authority under ORS 137.124 (2) shall serve an
active period of post-prison supervision of at least two
additional months if, on July 1, 2009, the person has served:
  (A) Four months or more of active post-prison supervision for
crimes in crime categories 1 to 3; or
  (B) Ten months or more of active post-prison supervision for
crimes in crime categories 4 to 10.
  (b) Except as provided in paragraph (c) of this subsection, the
supervisory authority shall place an offender described in
paragraph (a) of this subsection on inactive supervision status
on the date that is two months after July 1, 2009.
  (c) At any time before the date that is two months after July
1, 2009:
  (A) The parole and probation officer responsible for
supervising an offender described in paragraph (a) of this
subsection may send a report described in section 23 (3), chapter
660, Oregon Laws 2009, to the supervisory authority for review;
and
  (B) After reviewing the report, the supervisory authority may
extend the active post-prison supervision period in accordance
with section 23 (4), chapter 660, Oregon Laws 2009.
  (d) Section 23, chapter 660, Oregon Laws 2009, and the
provisions of this subsection and subsection (13) of this section
do not apply to a person sentenced to the legal and physical
custody of a supervisory authority under ORS 137.124 (2) whose
term of active post-prison supervision imposed by the sentencing

court expires on or before the date that is two months after July
1, 2009.
  SECTION 2. Section 47, chapter 660, Oregon Laws 2009, is
amended to read:
   { +  Sec. 47. + } (1) Sections 1, 6, 8 and 9, chapter 14,
Oregon Laws 2008, and sections 8, 9 and 10, chapter 35, Oregon
Laws 2008, are repealed on February 15, 2010.
  (2) Sections 21   { - to - }  { +  and + } 24   { - of this
2009 Act - }  { + , chapter 660, Oregon Laws 2009, + } are
repealed on July 1, 2011.
  (3) Section 31   { - of this 2009 Act - }  { + , chapter 660,
Oregon Laws 2009, + } is repealed on January 1, 2012.
  (4) Section 18   { - of this 2009 Act - }  { + , chapter 660,
Oregon Laws 2009, as amended by section 7, chapter 2, Oregon Laws
2010,  + }is repealed on July 1, 2013.
  SECTION 3.  { + 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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