justicedao/ipfs_state_laws huggingface dataset:
291-031-0100 Funding (1) Department of Corrections funds allocated to provide correctional services by the county will be retained by the state. (2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period of less than 24 months, the funds retained by the state for community corrections activities will be prorated to the day of the transfer. (3) A financial closing statement will be provided by the county to the state within 60 days of the transfer of responsibility. Any state funds distributed but not spent will be returned to the state. (4) The department, at its option, may choose to operate community corrections in regions consisting of several counties, and to combine funds and staff to operate the region most efficiently. (5) The department shall retain all fees collected from those supervised by state-operated community corrections offices and received subsequent to the state assuming responsibility for operations. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03 DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03
291-031-0110 Biennial Community Corrections Plan (1) The Department of Corrections shall develop a community corrections plan for each county with a state-operated community corrections office. (2) The department will meet with the local public safety coordinating council to review the county’s recommendations as to how state resources will be invested to serve the local adult on supervision population. Those recommendations will be included in the plan or the department will provide a response to each recommendation. (3) The department will submit the plan to the county commissioners for information and comments. The commissioners may choose to comment or may simply acknowledge the plan was received. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03 DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03
291-031-0120 Transfer of Property (1) The state shall assume title to any equipment, furnishings, vehicles, or property purchased with community corrections grant funds and used by existing county staff to provide supervision, sanctions, and services to the county. The county shall provide the Department of Corrections with a list of all such equipment, furnishings, vehicles, or property with a value of over $250 within 30 days of the county’s notification to the Director of the Department of Corrections that it will discontinue participation in the Community Corrections Act. (2) The county and the Department of Corrections shall enter into a written agreement transferring title of equipment or property to the Department of Corrections. The agreement must be accompanied by an inventory list signed by the designated representatives of both the county and the department. The agreement shall be subject to all laws governing such transfer of title. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560, History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03 DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03
291-031-0140 Employees (1) County employees employed in the county community corrections agency and funded through the community corrections grant to that county, will be transferred to state employment, to the extent there are funds available. If the county has experienced a reduction in funding, there will be a commensurate reduction in staff positions available for transfer. (2) County employees transferred to state employment will not suffer any reduction in salary or loss of employee benefits for 12 months because of the transfer. Salary will not be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be transferred, and a waiver of waiting period for preexisting conditions will be arranged. The employee may remain with their present retirement system for 12 months or may participate in the state retirement system. Following this period, salary, benefits, and retirement plan will be based on established state wages and benefits. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03 DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03
291-031-0150 County Option to Participate in the Community Corrections Act (1) The Community Corrections Act gives each county the option to directly operate community corrections rather than having the Department of Corrections operate community corrections. (2) A county that has exercised the option to "opt out" of participation may again participate in the Community Corrections Act by providing written notification to the Director of the Department of Corrections 180 days prior to implementation of the change. A county may make this change no more than one time in a biennium. (3) OAR 291-031-0160 to 291-031-0210 only apply when a county resumes participation in the Community Corrections Act. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0160 Responsibility for Community Corrections The county will assume responsibility from the Department of Corrections for community-based supervision, sanctions, and services for adults on supervision convicted of felonies or designated drug-related or designated person misdemeanors, who are on probation, parole, post-prison supervision, or any form of temporary or transitional leave from custody, or who are sentenced or sanctioned to a term of incarceration of 12 months or less, on conditional release under ORS 420A.206 or on conditional discharge under ORS 475.245, or any other form of diversion for a felony or drug-related or designated person misdemeanor. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0170 Funding (1) Department of Corrections funds formerly used to provide correctional services by the state will be granted to the county under an intergovernmental agreement. (2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period less than 24 months, the funds allocated to the county will be prorated to the day of the transfer. (3) A financial closing statement will be provided to the county by the Department of Corrections within 60 days of the transfer of responsibility. Any state funds allocated to the county but not spent by the state will be disbursed to the county. (4) The county shall retain all fees collected from those supervised by county-operated community corrections offices after the date of transfer. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0180 Biennial Community Corrections Plan The county will develop a community corrections plan in accordance with OAR 291-031-0015 prior to the transfer of responsibility. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0190 Transfer of Property (1) When a county begins participation in the Community Corrections Act, the county shall assume title to any equipment, furnishings, or property used by existing Department of Corrections staff to provide supervision, sanctions, and services in the county. The Department of Corrections shall provide the county with a list of all such equipment, furnishings, or property with a value of over $250 within 30 days of the county’s notification to the Director of the Department of Corrections that it will participate in the Community Corrections Act. (2) An agreement transferring title of equipment or property to the county shall be in writing, accompanied by an inventory list signed by designated representatives of both the county and the department and shall be subject to all laws governing such transfer of title. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0210 Employees (1) State employees employed in the county community corrections agency and funded through the community corrections grant to that county, will be transferred to county employment, to the extent there are funds available. If the county has experienced a reduction in funding, there will be a commensurate reduction in staff positions available for transfer. (2) State employees transferred to county employment will not suffer any reduction in salary or loss of employee benefits for 12 months because of the transfer. Salary will not be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be transferred, and a waiver of waiting period for preexisting conditions will be arranged. The employee may remain with their present retirement system for 12 months. Following this period, salary, benefits, and retirement plan will be based on established county wages and benefits. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0220 Supplemental Funds for Drug-Addicted Persons (1) Supplemental funds made available by the legislature for drug-addicted persons shall be distributed by the Department of Corrections to counties. A statewide approach to intervention will be defined and guided by evidence-based practices which are best designed to reduce crime and drug addiction. The approach will include a balance of treatment, supervision, and immediate sanctions. (2) The Department of Corrections shall make grants available to counties to provide supplemental funding for: (a) Operation of jails; (b) Treatment services for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in ORS 137.717, or for those who have been convicted of predicate crimes related to ORS 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Public Safety Checklist risk tool, or other validated risk tool approved by the department; and (c) Intensive supervision including incarceration for violating the conditions of that supervision for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in ORS 137.717, or for those who have been convicted of predicate crimes related to ORS 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Public Safety Checklist risk tool, or other validated risk tool approved by the department. (3) As used in this rule, a drug-addicted person has the meaning given that term in ORS 423.150. (4) The department shall define the standards for performance of programs which shall be included in an intergovernmental agreement. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0230 Distribution of Supplemental Funds (1) Supplemental funds described in OAR 291-031-0220 will be made available to counties based on a formula that matches the county’s percentage share of community corrections grant-in-aid funds. Every county will be eligible for a minimum grant of $50,000. Counties must apply for these funds as described in OAR 291-031-0240. (2) The Director of the Department of Corrections, after consulting with the committee described in ORS 423.150, shall review the applications, and determine the funds to be allocated to each county. (3) Unallocated funds will be made available as enhancement funding through a competitive process based on scored program proposals. (4) Thirty days following sine die of the regular legislative session of each odd-numbered year, the Department of Corrections shall compute each county's percentage share of the biennial supplemental funds. (5) An intergovernmental agreement between the county and the department must be executed prior to any state supplemental funds being disbursed to the county. (6) No modifications to an approved supplemental funds intervention plan shall be placed into effect without prior written notification to the Director or designee. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0240 Application Process (1) Applications for supplemental funding shall be submitted to the Director or designee. Each application shall be submitted in a format and order as established by the Department of Corrections. (2) Applications may be submitted by a county or a group of counties. (3) The application will include a supplemental funding intervention plan that includes: (a) Adult on supervision population to be served; (b) Capacity of the program; (c) Description of the program; (d) Goals, outcomes, and purposes of the program or approach; (e) How risk assessments will be used, including the risk assessment tool; (f) Research supporting the approach, if any; (g) If the approach has been in operation for at least a year, the outcomes of the approach, and any program evaluation data; (h) If the approach has been in operation for at least a year, how participants rate on the community corrections performance measures (recidivism, successful completion of supervision, employment, benefit from treatment, payment of restitution, or community service work); and (i) A budget showing how state funds and any other funds will be used to operate the program. A county may apply for up to 100 percent of the funds identified in OAR 291-031-0230. (4) The supplemental funding intervention plan shall be reviewed and approved by the local public safety coordinating council or councils prior to being submitted to the Department of Corrections. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0250 Application Approval Process (1) The committee described in ORS 423.150 shall review the applications and make recommendations to the Director or designee. (2) The criteria upon which the advisory board shall base their review will include: (a) Ability of the proposed approach to reduce crime and drug addiction; (b) Extent to which the approach is guided by evidence-based practices or research; (c) Whether the approach is comprehensive, involving a mix of supervision, services, and sanctions; and (d) Whether the approach is collaborative, engaging local criminal justice system agencies and local service providers working together. (3) The advisory board shall not recommend approval of a community corrections plan that does not address the intended populations, has a low probability of being effective in reducing crime and drug addiction, or is not guided by evidence-based practice. If the community corrections plan is not recommended for approval, the advisory board will provide recommendations to the jurisdiction submitting the application as to how to improve the community corrections plan. (4) A county may submit a modified plan if the original application is not recommended by the advisory board or approved by the Director. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0260 Financial Records (1) The department shall prepare and distribute to the counties written instructions regarding fiscal reporting requirements for the supplemental funds described in OAR 291-031-0220. Each county shall adhere to the department's budget, allocation, and fiscal reporting requirements. (2) Within 120 days following the end of the state's biennial budget period, each county shall submit a closing financial report for the biennium. Any state General Fund not expended within the biennial period will be identified. A budget update will be submitted to the Department of Corrections showing how those funds will be expended for community corrections purposes in the next biennium. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0300 Purpose, Policy, and Applicability (1) Purpose: These rules establish a process by which the Department of Corrections determines if community-based programs, on which the agency expends state funds, meet the principles of evidence-based practices. (2) Policy: It is the policy of the Department of Corrections that state funds received for community-based programs are expended on programs that incorporate significant and relevant practices based on scientifically based research and are cost effective. (3) Applicability: These rules apply to community-based treatment or intervention programs or services that receive state funds and are intended to reduce the likelihood that an individual will commit a crime. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2012, f. & cert. ef. 6-19-12
291-031-0310 Definitions for OAR 291-031-0300 through 291-031-0360 (1) Cost Effective: Benefits realized over a reasonable period of time are greater than costs. (2) Evidence-Based Program: A program that incorporates significant and relevant practices based on scientifically based research and is cost effective. (3) Program: A community-based treatment or intervention program or service that is intended to reduce the likelihood that an individual will commit a crime. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2012, f. & cert. ef. 6-19-12
291-031-0320 Program Evaluation (1) The Department of Corrections shall identify and implement the use of a recognized and validated tool to evaluate programs to measure their fidelity to the principles of evidence-based practices. (2) Programs that receive less than $5,000 in state funds in a biennium, pursuant to the Community Corrections Act (ORS 423.475 et seq. ), shall not be subject to program evaluation as described in this rule unless specifically requested by the county community corrections director. (3) After a program has been evaluated using the tool described in subsection (1) of this rule, and it has been determined that the program incorporates significant and relevant practices based on scientifically based research and is cost effective, the program shall be re-evaluated at a minimum of every five years or as circumstances dictate. (4) After a program has been evaluated using the tool described in subsection (1) of this rule, and it has been determined that the program does not incorporate significant and relevant practices based on scientifically based research and is not cost effective, the program shall be re-evaluated at a minimum of every 18 months until such time the program meets these criteria or state funds are no longer received by the program. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2012, f. & cert. ef. 6-19-12