Section 421.170 - Enrollment of adult in custody in work release program.

OR Rev Stat § 421.170 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Note: Sections 1 and 4, chapter 830, Oregon Laws 2015, provide:

Sec. 1. Family Sentencing Alternative Pilot Program; rules. (1) The Department of Corrections, in partnership with the circuit court and county community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Pilot Program.

(2) A defendant is eligible for the Family Sentencing Alternative Pilot Program if:

(a) The defendant’s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Corrections of at least one year;

(b) The defendant is not currently being sentenced for:

(A) A person felony as defined in the rules of the Oregon Criminal Justice Commission;

(B) A sex crime as defined in ORS 163A.005; or

(C) An offense requiring a specified sentence under ORS 137.635, 137.700, 137.707, 164.061, 475.907, 475.925, 475.930 or 813.011; and

(c) The defendant is pregnant at the time of sentencing, or is the parent or legal guardian of a minor child and at the time of the offense or sentencing had physical custody of the child.

(3)(a) If the defendant meets the eligibility requirements described in subsection (2) of this section and is eligible for a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, the court may order that the defendant sign a release authorizing the Department of Human Services to provide the community corrections agency with written confirmation of, and consultation concerning, any open or current juvenile dependency proceeding or any prior substantiated allegation of abuse or neglect involving the defendant and a minor child.

(b) The court may consider eligibility in the Family Sentencing Alternative Pilot Program as a mitigating factor when determining whether to sentence the defendant to probation, with a requirement that the defendant participate in the program as a condition of probation, as a downward dispositional departure under the rules of the commission.

(4) After receipt of the information described in subsection (3) of this section, the community corrections agency, in consultation with the Department of Human Services, shall determine if the Family Sentencing Alternative Pilot Program is an appropriate program for the defendant and, if the program is appropriate and the defendant is sentenced to a term of probation, require participation in the program for the first 12 months of the probationary sentence. In addition to the conditions of probation ordered under ORS 137.540, the defendant may be required to comply with any additional conditions related to the program, including but not limited to:

(a) Geographical restrictions, including house arrest and electronic surveillance;

(b) Participation in vocational training; and

(c) Completion of:

(A) Parenting skills classes;

(B) Drug or alcohol treatment;

(C) Mental health treatment; or

(D) Life skills classes.

(5) The Department of Human Services and community corrections agencies shall cooperate with the Department of Corrections in implementing the Family Sentencing Alternative Pilot Program described in this section.

(6) The Department of Human Services and the Department of Corrections shall jointly submit a report concerning the Family Sentencing Alternative Pilot Program, which must include program outcomes and data related to the efficacy of the program, and which may include recommendations for legislation in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the judiciary no later than January 1 of each year.

(7) The Department of Corrections shall establish a process for selecting counties to participate in the Family Sentencing Alternative Pilot Program.

(8) The Department of Corrections and the Department of Human Services may adopt rules to carry out the provisions of this section. [2015 c.830 §1; 2017 c.673 §2]

Sec. 4. Section 1 of this 2015 Act is repealed on July 1, 2025. [2015 c.830 §4]

Note: Sections 1 and 3, chapter 481, Oregon Laws 2019, provide:

Sec. 1. Coffee Creek legal services pilot program; report to legislature. (1) The Department of Corrections, in cooperation with the Oregon Criminal Justice Commission, shall establish a pilot program to provide legal services that assist women who are incarcerated at the Coffee Creek Correctional Facility to reenter and reintegrate into local communities, to reduce the womens’ vulnerability to domestic violence and to obtain employment, housing services and other benefits.

(2) The commission shall carry out the purposes of subsection (1) of this section by granting to the Oregon Justice Resource Center an amount sufficient for the center to employ three attorneys and to provide necessary support for the attorneys’ work.

(3) The commission and the Oregon Justice Resource Center shall evaluate the operations and success of the pilot program and report the results of the department’s evaluation to an interim committee of the Legislative Assembly related to corrections not later than September 15, 2021. [2019 c.481 §1]

Sec. 3. Section 1 of this 2019 Act is repealed on December 31, 2021. [2019 c.481 §3]