Bill Text: OR SB620 | 2013 | Regular Session | Introduced
Bill Title: Relating to crime; declaring an emergency.
Sponsorship: Bipartisan Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB620 Detail]
Download: Oregon-2013-SB620-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3596
Senate Bill 620
Sponsored by Senators CLOSE, JOHNSON
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.
Defines 'rate of recidivism' for purposes of evaluations
conducted by Oregon Department of Administrative Services,
Department of Corrections, Oregon Criminal Justice Commission and
other public bodies.
Requires Department of Corrections to make biennial report on
direct cost of inmate per day, ratio of inmates to corrections
staff and ratio of prison guards to nonprison guards. Directs
department to take all steps necessary to reduce per-inmate cost
by five percent in 2013-2015 biennium and additional five percent
in 2015-2017 biennium.
Directs Department of Corrections to implement program based on
Hawaii's Opportunity Probation with Enforcement program for
purpose of decreasing drug abuse by released inmates, increasing
compliance with terms of parole and post-prison supervision and
reducing recidivism.
Requires Department of Corrections to maintain registry of
programs used by department for inmates in department
institutions and for former inmates of those institutions.
Directs department to conduct randomized, controlled trials of
all programs identified in registry.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 182.525;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
RECIDIVISM + }
SECTION 1. { + (1) As used in this section, 'rate of
recidivism' means:
(a) The rate of rearrest within a three-year period following a
person's conviction, or within a three-year period following the
person's release if the person has been incarcerated, whether or
not the arrest leads to new charges, convictions or further
incarceration;
(b) The rate of reconviction of any crime within a three-year
period following a person's conviction, or within a three-year
period following the person's release if the person has been
incarcerated; and
(c) The rate of reincarceration, either within a local or
county correctional facility, or recommitment to the legal and
physical custody of the Department of Corrections.
(2) When the Oregon Department of Administrative Services, the
Department of Corrections, the Oregon Criminal Justice Commission
or any other public body as defined in ORS 174.109 conducts a
statistical evaluation of the rate at which persons convicted of
a crime subsequently commit additional crimes, the public body
shall:
(a) Include an evaluation of recidivism utilizing the
definition in subsection (1) of this section; and
(b) Whenever possible, describe the rate of recidivism for
persons in each of the following classifications:
(A) Persons who present a high risk of reoffending;
(B) Persons who present a medium risk of reoffending; and
(C) Persons who present a low risk of reoffending.
(3) For purposes of the classifications described in subsection
(2)(b) of this section, the public body shall utilize a risk
assessment tool developed by the Oregon Criminal Justice
Commission. + }
{ +
INMATE COSTS + }
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS chapter 421. + }
SECTION 3. { + (1) As part of the Department of Correction's
budget document submitted to the Legislative Assembly in every
odd-year regular session, the department shall report for each
Department of Corrections institution:
(a) The direct cost of each inmate per day;
(b) The ratio of inmates to corrections staff; and
(c) The ratio of prison guards to nonprison guards.
(2) The Legislative Assembly finds that the per-inmate direct
cost of incarceration in Department of Corrections institutions
is significantly greater than the average per-inmate direct cost
of incarceration in the United States, and hereby establishes as
a goal the reduction of the per-inmate cost in this state to the
national average. The Department of Corrections shall take all
steps necessary to reduce its per-inmate direct cost by:
(a) Five percent in the 2013-2015 biennium; and
(b) An additional five percent in the 2015-2017 biennium.
(3) This section applies only to the direct cost of
incarceration, including the costs relating to prison security,
health care, food, recidivism reduction programs and other
operational costs that generally vary as the total number of
inmates changes. This section does not apply to costs
attributable to federally required programs, community
corrections grants, capital construction, debt service on
department facilities, new prison start-up costs, department-wide
administrative costs, including overall management, state
government service charges, financial and personnel staff and
information systems costs and other costs that do not generally
vary as the number of inmates changes. + }
{ +
PAROLE AND POST-PRISON SUPERVISION + }
SECTION 4. { + (1) The Department of Corrections shall
implement a program based on Hawaii's Opportunity Probation with
Enforcement program for the purpose of decreasing drug abuse by
released inmates, increasing compliance with the terms of parole
and post-prison supervision and reducing recidivism. The program
shall include:
(a) Formal warnings to released inmates that give notice that
violations of release conditions have consequences.
(b) Quick service of bench warrants on released inmates who
fail to appear as required.
(c) Weekly randomized testing, or twice-weekly scheduled
testing, to help eliminate otherwise undetectable drug use.
(d) Presumptive jail sanctions for violations of release
conditions, starting at two days for the first violation and
increasing for subsequent violations.
(e) As short a time as possible between the violation of
release conditions and the imposition of sanctions.
(f) Treatment services for released inmates who are unable to
comply with release conditions because of drug use.
(2) The Department of Corrections shall conduct a study of the
program implemented under this section. The study must use
rigorous evaluation and randomized controlled trials. Upon
concluding the study, the department shall prepare a report to
the Legislative Assembly with detailed information on the
efficacy of the program as determined under the trials. The
report shall be submitted to the Legislative Assembly in the
manner provided by ORS 192.245. + }
{ +
EVIDENCE-BASED PROGRAMS + }
SECTION 5. ORS 182.525 is amended to read:
182.525. (1) An agency as defined in ORS 182.515 shall spend at
least 75 percent of state moneys that the agency receives for
programs on evidence-based programs.
(2) The agency shall submit a biennial report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirement of subsection (1) of this section.
(3) The agency shall submit the report required by subsection
(2) of this section no later than September 30 of each
even-numbered year to the interim legislative committee dealing
with judicial matters.
(4) If an agency, in any biennium, spends more than 25 percent
of the state moneys that the agency receives for programs on
programs that are not evidence based, the Legislative Assembly
shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the
agency for the following biennium.
(5) The agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules
defining a reasonable period of time for purposes of determining
cost effectiveness.
{ + (6) The Department of Corrections shall maintain a
registry of all programs used by the department for inmates in
Department of Corrections institutions and for former inmates of
those institutions. The registry shall identify the types of
programs, the number of inmates or former inmates participating
in the programs and the locations at which the programs operate.
The registry shall by made public on the website maintained by
the department.
(7) The Department of Corrections shall conduct randomized,
controlled trials of each program identified in the registry
maintained under subsection (6) of this section to determine
whether the program continues to be effective in changing the
behavior of inmates and ensuring that former inmates have the
best chance of successful reentry into society, and that
recidivism is reduced to the greatest extent possible. + }
{ +
REPORT + }
SECTION 6. { + The Department of Corrections shall prepare a
report on the implementation of the provisions of this 2013 Act,
detailing to the greatest extent possible the impact of this 2013
Act and making recommendations for other legislative changes. The
report shall be delivered to the Legislative Assembly in the
manner provided by ORS 192.245 not later than February 1,
2015. + }
{ +
CAPTIONS + }
SECTION 7. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 8. { + 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. + }
----------
