justicedao/ipfs_state_laws huggingface dataset:
137-078-0051 Advisory Committee (1) An Advisory Committee, which at the sole discretion of the Administrator may be incorporated within a larger CVSD advisory body, is established to provide consultation on the distribution of CFA monies and Grants, and the provisions of these rules. (2) The Advisory Committee shall consist of at least the following members: (a) A representative of the Department of Justice; (b) A representative of the Oregon District Attorneys Association; and (c) A representative of a prosecuting attorney’s victim assistance program. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 12-2015, f. & cert. ef. 10-8-15 DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11
137-079-0110 Authority and Purpose These rules set out guidelines for the operation of the Address Confidentiality Program (ACP) set forth in ORS 192.820 through 192.868. This includes the designation of Application Assistants; the application process to participate in the ACP; the certification of a program participant; ongoing participation and termination of participation in the ACP; the responsibility of public agencies to use the substitute address provided by the ACP; conditions under which a participant’s actual address may be disclosed or participation in the ACP may be verified; service of process on a participant; and other aspects of program operation. Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850 Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850 History: DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-079-0120 Definitions (1) “Application Assistant Agreement” is the agreement signed by the Department and an Application Assistant, which specifies the responsibilities of the Application Assistant and the Department. (2) “Administrative Coordinator” is the person designated by the Department to provide programmatic coordination to the Program. (3) “Applicant” is an individual who completes and submits an application to participate in the ACP. (4) “Application Assistant” is an individual designated by the Department to assist applicants with the completion and submission of an application to the ACP, as further defined in ORS 192.820(3). (5) “Civil Rights Unit” or CRU includes the team of advocates and staff at the Oregon Department of Justice in the Crime Victim and Survivor Services Division who staff the Bias Response Hotline and/or Sanctuary Promise Hotline. (6) “Co-applicant” is the spouse, domestic partner, adult child of the participant, or other adult who resides in the household with the participant and submits an application to participate in the ACP. (7) “Department” is the Oregon Department of Justice. (8) “Health Care Provider” means an individual who is authorized in this state to provide physical and behavioral health care services and who provides reproductive and gender-affirming health care services, as defined in ORS 192.820(4). (9) “Mailing Address” is an address to which a program participant requests mail to be sent by the ACP. A mailing address may be a post office box if the participant’s actual address is a street address in Oregon. (10) “Other forms of evidence” as described in ORS 192.826(3)(b)(D) include any written or oral evidence from which an Application Assistant can reasonably conclude that the applicant is a victim of domestic violence, stalking, human trafficking, a sexual offense, or a bias incident or bias crime within the meaning of ORS 192.820(8)-(13). (11) “Program” is the ACP established in ORS 192.820-192.868. (12) “Program Participant” is an individual who has submitted an application that has been approved by the Department. Statutory/Other Authority: ORS 192.860, 2005 OL Ch 821 & 2005 SB 850 Statutes/Other Implemented: 2005 OL Ch 821, 2005 SB 850 & ORS 192.820-192.868 History: DOJ 5-2025, amend filed 10/16/2025, effective 10/16/2025 DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-079-0145 Application Process for the Address Confidentiality Program for Health Care Providers (1) The application process for ACP for health care providers includes all steps outlined in 137-079-0140 (Application Process for the Address Confidentiality Program) except for 137-079-0140(3). (2) The Civil Rights Unit (CRU) shall designate a phone number for health care providers to call to request to participate in the Department’s Address Confidentiality Program pursuant to ORS 192.820 to ORS 192.868. (3) CRU will request from the applicant proof from their current employer that the applicant is authorized in this state to provide physical and behavioral health care services and provides reproductive and gender-affirming health care services. This proof can include: (a) A certifying letter from an employer that states that the applicant is authorized in this state to provide physical and behavioral health care services and is currently providing reproductive and gender-affirming health care services. (b) Additional evidence at the discretion of the CRU or Program. (c) This documentation will be stored by the Program. (4) CRU will coordinate with the Program to review and respond to the application pursuant to OAR 137-079-0140 (5)-(6) and OAR 137-079-0150. Statutory/Other Authority: ORS 192.860, 2005 OL Ch 821 & 2005 SB 850 Statutes/Other Implemented: 2005 OL Ch 821, 2005 SB 850 & ORS 192.820-192.868 History: DOJ 5-2025, adopt filed 10/16/2025, effective 10/16/2025
137-079-0170 Responsibility of Public Bodies to Use Substitute Address (1) Upon certification of a Program participant as described in 137-079-0150(1) and (2), the Program shall notify the Program participant in writing of the requirements for public bodies to use the substitute address and the Program participant’s responsibility with regard to requesting that public bodies use the address. (2) In addition to the information described in subsection one (1) of this section, the Program shall: (a) Provide the Program participant with available information regarding the use of the substitute address with various public bodies and private businesses, and that participation in the Program may impact the benefits or services provided by public bodies as well as private businesses/entities; and (b) Notify the Program participant that a public body may request a waiver to not use the substitute address. (3) When a Program participant submits a current and valid authorization card to a public body as described in ORS 192.836(2), the public body employee creating a new record will accept the information on the authorization card and immediately return the card to the Program participant. (4) The Program will accept and retain information from Program participants regarding public bodies that refuse to accept the substitute address for the creation of public records or modification of existing records. Statutory/Other Authority: ORS 192.860 Statutes/Other Implemented: ORS 192.860 - 192.868 History: DOJ 5-2025, amend filed 10/16/2025, effective 10/16/2025 DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 5-2008, f. 3-28-08, cert. ef. 4-1-08 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-079-0180 Public Body Exemption Waiver (1) A request for a waiver from the requirements of the Program made by a public body may be for an individual Program participant, for a class of Program participants or for all Program participants. The request must be in writing and must contain: (a) The information specified in ORS 192.836(3)(a) and (b), including a description of the specific record or records for which the exemption is requested and identifying the individual(s) who will have access to the record; and (b) A description of the alternatives to the waiver the public body has considered and why those alternatives are not feasible. (2) When the Program receives a request for a waiver, the Administrative Coordinator will determine if the waiver request is complete. If the request is not in writing, fails to include the required explanation or the affirmation or is otherwise incomplete, the Administrative Coordinator will inform the public body requestor of the incomplete submission within five (5) business days of receiving the request, and no determination will be made until the request is complete. (3) When the Program receives a complete request for a waiver, the Attorney General or designee shall consider whether the public body submitting the request has demonstrated its inability to meet its statutory or administrative obligations by possessing or using the substitute address. The Attorney General or designee’s acceptance or denial of the request: (a) Shall be recorded pursuant to ORS 192.836(4); (b) Shall specify the duration of the waiver, if approved, which shall be based upon the reason or reasons for which the waiver is approved; and (c) Shall be sent to the requestor within ten (10) business days of the date on which the complete request was received. Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850 Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850 History: DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-079-0190 Verification/Proof of Program Participation (1) A request for verification of a Program participant’s participation in the Program made by a representative of a public body for an official purpose may be made to the Program in writing. The person requesting verification, the public body they represent, and the purpose for which verification is requested must be provided and will be recorded by the Program. (2) If the Administrative Coordinator determines that the request for verification is being made by a public body for an official reason, the Administrative Coordinator may verify the Program participant’s participation. A signed release from the Program participant for whom the verification is requested shall be required by the Department in support of the request. (3) The verification of participation in the Address Confidentiality Program may be made in writing at the discretion of the Administrative Coordinator. (4) A request for verification may include more than one Program participant, if the request satisfies the requirements of ORS 192.848(4) and this section for each Program participant for whom the request is made. (5) A non-governmental entity or individual may submit a request for verification of a Program participant’s participation in the Program. The request: (a) Must be in writing; (b) Must include the reason for which the verification is requested; and (c) Must be supported by a signed release from the Program participant for whom the verification is requested. When such a request and supporting documentation are received, the Administrative Coordinator may, at their discretion, verify the Program participant’s participation to the requestor. Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850 Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850 History: DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-079-0200 Disclosure of Information Prohibited – Exceptions ( 1) When the Department receives a court order signed by a judge pursuant to a finding of good cause: good cause exists when disclosure is sought for a lawful purpose that outweighs the risk of the disclosure and, in the case of a request for disclosure received from a federal, state or local law enforcement agency, district attorney or other public body, when information is provided to the court that describes the official purpose for which the actual address or telephone number of the program participant will be used, they may disclose a Program participant’s actual address or telephone number. The disclosure shall include in writing the statutory mandate specified in ORS192.848(2) against re-disclosure of the address or telephone number, except pursuant to a court order. The disclosure may also include any other terms or requirements that will best protect the safety of the Program participant. (2) The Department shall keep a record of requests for disclosure of a Program participant’s actual address or telephone number and of the response to each request. (3) The Program will accept and retain information from Program participants and from others regarding public bodies that disclose a Program participant’s actual address or telephone number in violation of ORS 192.844, ORS 192.848 and these rules. Statutory/Other Authority: ORS 192.860 Statutes/Other Implemented: ORS 192.860 - 192.868 History: DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 5-2008, f. 3-28-08, cert. ef. 4-1-08 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-079-0210 Service of Process; Certified and Registered Mail (1) Service of process by mail on a Program participant shall be forwarded in accordance with general Program procedures according to the manner in which it was received. (2) When personal service on a Program participant is required, it may be delivered to the Department of Justice at 1162 Court Street NE, Salem, Oregon. The recipient of such service shall immediately notify, by telephone, the Administrative Coordinator of such service. (3) The Program shall forward personally served documents to the Program participant at the participant’s actual or mailing address within three (3) business days of the documents being served on the Program. When documents that have been personally served are received by the Department, the Program Coordinator shall contact the Program participant by telephone or email on the day that the service is made and will forward the documents to the Program participant within three (3) days. The Program shall include a copy of the notice described in section 137-079-0150(2)(c) of these rules. (4) The Administrative Coordinator shall establish a procedure in order to assure records are kept with regard to certified and registered mail received for Program participants. Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850 Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850 History: DOJ 8-2022, amend filed 06/13/2022, effective 06/13/2022 DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07
137-080-0005 Definitions As used in these rules: (1) “Administrator” means the administrator of the office of Special Compensation Programs of the Oregon State Department of Justice. (2) “Contract” means a contract by a person or legal entity with any individual charged with or convicted of committing a compensable crime in the State of Oregon or found guilty except for insanity with regard to such a crime, or with a representative or assignee of that individual, for the payment of money in return for the right to reenact such crime, or to describe the individual’s thoughts, opinions or emotions regarding the crime, in a motion picture, book, magazine, article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind. (3) “Compensable Crime” has the meaning under ORS 147.005. (4) “Department” means the Department of Justice of the State of Oregon. (5) “Dependent” has the meaning under ORS 147.005. (6) “Escrow Account” means an account established by the Department with the State Treasurer dedicated for the purpose of Oregon Laws 1985 Chapter 552, Section 3. (7) “Judgment” means a money judgment received in a civil action for damages suffered as a result of a compensable crime. (8) “Victim” has the meaning under ORS 147.005. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.275 History: JD 1-1986, f. & ef. 1-15-86 JD 3-1985(Temp), f. & ef. 9-20-85
137-080-0015 Notice of Establishment of an Escrow Account In the case where a victim of crime is deceased, the notice to be published by the Department for five years from the establishment of an escrow account, under Section 3, Chapter 552, Oregon Laws 1985, shall advise dependents of such victims of the escrow moneys’ availability to satisfy judgments for damages suffered as a result of the crime. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.275 History: JD 1-1986, f. & ef. 1-15-86 JD 3-1985(Temp), f. & ef. 9-20-85
137-080-0020 Disbursement of Moneys in the Escrow Account (1) Moneys in the escrow account established under Section 3, Chapter 552, Oregon Laws 1985 will be disbursed by the Department to pay: (a) Restitution orders under ORS 137.103 to 137.109; and (b) Judgments as defined in section (1) of this rule. (2) Payments will not be made from the escrow account on the basis of a judgment until either the amounts of all unsatisfied judgments are determined, or it is determined that the payment for an unsatisfied judgment will not diminish the escrow account so that other potential victim claims could not be satisfied. Escrow accounts having insufficient funds to meet all judgments presented by victims or dependents of deceased victims shall be prorated on the basis of the amounts of the unsatisfied judgments or partially satisfied judgments. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.275 History: JD 1-1986, f. & ef. 1-15-86 JD 3-1985(Temp), f. & ef. 9-20-85
137-080-0025 Notice of Action for Damages by Beneficiary of an Escrow Account If any person or the representative of any person who has received an award from the Department under ORS Chapter 147 or any victim or dependent of a deceased victim or their representative who may because of a resulting judgment become the beneficiary of an escrow account established under Section 3, Chapter 552, Oregon Laws 1985 brings an action for damages against the person or persons criminally liable for injury or death giving rise to an award or to the establishment of an escrow account, he or she shall give written notice to the Department of the commencement of such action at the time such action is commenced. Such notice shall be served personally or by certified mail, return receipt requested, upon the administrator of the Department’s Office of Special Compensation Programs. Such persons shall keep the administrator timely apprised in writing of any subsequent settlements, judgments, or other disposition of such actions. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.275 History: JD 1-1986, f. & ef. 1-15-86 JD 3-1985(Temp), f. & ef. 9-20-85
137-080-0030 Contracts with Convicted Persons to Tell Story of Crime (1) Contracts described in Section 3(1), Chapter 552, Oregon Laws 1985 include any such contract under which payment is due, on or after September 20, 1985, to an individual charged with or convicted of committing a compensable crime (as defined in ORS 147.005) in this state, or who is found guilty, except for insanity, with regard to such a crime, or who is the representative or assignee of any such individual. A copy of such contracts shall promptly be submitted to the Department by any person or entity contracting with an individual, representative or assignee described above. (2) Monies payable to the Department pursuant to Section 3(1), Chapter 552, Oregon Laws 1985, for deposit into escrow include any monies which would otherwise, under the terms of a contract described in section (1) of this rule, be paid to the accused or convicted individual, the individual found guilty except for insanity, or the representative or assignee of such individuals, on or after September 20, 1985. (3) Earnings, payments to and profits of the author and publisher under the contract are not subject to payment to the Department for deposit into escrow unless the author or publisher is also the accused or convicted individual, the individual found guilty but for insanity, or that individual’s representative or assignee. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.275 History: JD 4-1985, f. & ef. 11-22-85
137-081-0010 Authority and Purpose (1) These rules are adopted for the administration of the Hope Card Program under ORS 180.270. (2) The Hope Card Program is an opt-in program through which petitioners or protected parties of eligible civil protection orders may request and obtain a durable wallet-sized card that provides quick access to relevant information about an eligible civil protection order. (3) Application for or presentation of a Hope Card is not required for enforcement of a valid protection order. (4) Possession or presentation of a Hope Card is not a substitute for any statutory requirements for enforcement of a valid protection order. (5) Application for or presentation of a Hope Card does not eliminate the need for law enforcement to comply with any statutory requirements for verification of the existence and terms of the eligible civil protection order. Statutory/Other Authority: ORS 180.270, HB 2746 (2021) Statutes/Other Implemented: ORS 180.270, HB 2746 (2021) History: DOJ 9-2023, adopt filed 06/28/2023, effective 07/05/2023
137-081-0020 Definitions (1) “Hope Card” means a durable, wallet-sized card that contains essential information about an eligible civil protection order. (2) “Applicant” means a petitioner or protected party who has applied for a Hope Card, or a person or entity who has, with the permission of the petitioner or protected party, submitted a Hope Card application on behalf of a petitioner or protected party. (3)(a) “Eligible civil protection order” means an injunction or order that meets all of the following requirements: (A) The injunction or order was granted by a court following the petitioner’s request for such injunction or order; and (B) The injunction or order is not a criminal no-contact order; and (C) The injunction or order is issued for the purpose of preventing: (i) Violent or threatening acts or harassment against another person; (ii) Sexual violence; (iii) Contact or communication with another person; or (iv) Physical proximity to another person; and (D) The respondent has been personally served with the injunction or order, or has received actual notice of the injunction or order in accordance with applicable law; and (E) Either a hearing has been held on the issuance of the injunction or order, or the opportunity for an initial contested hearing on the issuance of an injunction or order has passed. (b) The following are examples of eligible civil protection orders: (A) Restraining orders issued under ORS 30.866 and 163.730 to 163.750 (Stalking Protective Orders), 107.700 to 107.735 (Family Abuse Prevention Act), 124.005 to 124.040 (Elderly Persons and Persons with Disabilities Abuse Prevention Act), and 163.760 to 163.777 (Sexual Abuse Restraining Orders); and (B) Foreign restraining orders, including tribal restraining orders, recognized under ORS 24.190. (4) “Personal identifiers” means date of birth and eye color, hair color, gender, race, height, weight, and any other distinguishing features (for example, scars, marks or tattoos). (5) “Petitioner” means a person that initiates and has been granted an eligible civil protection order. (6) “Protected party” means any person protected under an eligible civil protection order. (7) “Respondent” means the person against whom the eligible civil protection order is filed and who is subject to the conditions of the order. Statutory/Other Authority: ORS 180.270, HB 2746 (2021) Statutes/Other Implemented: ORS 180.270, HB 2746 (2021) History: DOJ 9-2023, adopt filed 06/28/2023, effective 07/05/2023