justicedao/ipfs_state_laws huggingface dataset:
213-060-0050 Grant Applications (1) The grant application cycle will be determined by the Commission. At the beginning of each grant application cycle, the Commission will determine the proportion of grant funds available to each county in accordance with the formula used to distribute baseline funding under ORS 423.483. The Commission will include those amounts in its grant application solicitation. Each qualifying county pursuant to criteria in subsection 213‐060‐0060 shall receive a grant award of no less than $100,000 per grant application cycle. (2) Each county may submit only one application for a justice reinvestment grant to fund one or more community‐based programs. The application must be submitted by the local public safety coordinating council and include proof of approval by the county governing body. (3) Each county must include in its application a statement of commitment to reduce recidivism and decrease the county’s utilization of imprisonment in Department of Corrections facilities while protecting public safety and holding offenders accountable from the relevant stakeholders of the service or program for which the county is requesting funding, including the district attorney, presiding judge, and community corrections director. (4) The county may use up to 10 percent of the funds payable under the justice reinvestment grant for administrative costs, including activities such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by the Commission. Administrative costs may also include funds to incentivize compliance by law enforcement agencies with completing Uniform Crime Reporting and other timely law enforcement data collection activities. (5) The Commission may communicate directly with an applicant to clarify the intent of its application or to recommend modifications in furtherance of the purpose of the Justice Reinvestment Program. (6) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Justice Reinvestment Program. (7) Within 90 days following the expiration of the grant application deadline, the Commission shall make award notifications to counties in accordance with these rules. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification. (8) If unallocated funds remain at the conclusion of the grant acceptance period, the Commission shall distribute all remaining funds in the manner provided in OAR 213‐060‐0080. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019) History: CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020 CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0060 Grant Application Review Criteria The Grant Review Committee and the Commission will review and evaluate each grant application based on the following criteria: (1) Whether the applicant’s program is designed to reduce recidivism of offenders. (2) The extent to which the applicant’s county has historically reduced the utilization of imprisonment in Department of Correction facilities by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.935, 811.182, 813.010, or 813.011. (3) Whether the applicant’s program is designed to reduce utilization of imprisonment by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.935, 811.182, 813.010, or 813.011. (4) Whether the applicant’s program would increase public safety. (5) Whether the applicant’s program would hold offenders accountable. (6) For purposes of evaluating the portion of the grant to be distributed to community-based nonprofit organizations that provide services to victims of crime, whether the grant application illustrates how use of funds will positively impact victims. The Grant Review Committee and the Commission will review and evaluate each grant application based on the following criteria: (a) Demonstrated need for the proposed services in the community to be served by the applicant with emphasis on services that target marginalized, underserved populations. (b) Services address access barriers, such as, but not limited to: language, literacy, disability, cultural practices, and transportation issues. (c) Funding increases capacity for areas where services are difficult to access, limited, or non‐existent. (d) Demonstration that the award will be invested in trauma-informed services. (e) Data collection, including, but not limited to, demographic information of victims served. (7) Other criteria that the Commission chooses to include in the solicitation. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019) History: CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020 CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0070 Grant Application Processing (1) Commission staff will evaluate each county’s application based on the criteria provided in OAR 213‐060‐0060, and will make recommendations to the Grant Review Committee. If the recommendation by staff to the Grant Review Committee would be to not fund the grant proposal, the Commission staff shall first work with applicant to attempt to rehabilitate the application. (2) The Grant Review Committee will review each county’s grant application and the recommendations of Commission staff, and notify the Commission regarding which applications it has approved. The Grant Review Committee may reject portions of the application that fail to meet the criteria set forth in OAR 213‐060‐0060. Approval by the Grant Review Committee is subject to final approval by the Commission. The Commission may either approve the grant application or return the application for reconsideration by the Grant Review Committee. (3) Upon request of the Grant Review Committee, the Commission shall decline to grant the full grant amount requested by a county, provide technical assistance, withhold approved grant funds, or terminate further distribution of the grant award if a county does not reduce utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.980, 811.182, 813.010, or 813.011. (4) The Commission will review and evaluate approvals of the Grant Review Committee, and provide a final approval or will return the application for reconsideration by the Committee. The Grant Review Committee may submit to the Commission, and the Commission may approve, provisional funding plans for counties applying for grants. The Commission will notify applicants of the decision of the Commission within 60 days from the expiration of the grant application deadline. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification. The Commission will prepare a grant award agreement for each grant awarded, which will set forth the terms, conditions, and requirements of the grant. The Commission may issue a provisional one year award with continued funding contingent upon improved performance and progress toward the goals of justice reinvestment as set forth in OAR 213‐060‐0060. (5) The Commission may amend a grant awarded under this rule. After the grant is awarded the Commission may amend the amount originally awarded based on non‐compliance with the terms of the award. If the recommendation by staff to the Commission would be not to continue to fund the grant proposal, the Commission staff shall first work with applicant to attempt to rehabilitate the application. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019) History: CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020 CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0080 Supplemental Grant Period (1) If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission shall establish a supplemental grant period to distribute some or all of those unallocated funds. The Commission may: (a) Use those funds to supplement and expand the scope of one or more grant programs that were awarded, without the need for further grant solicitation, but using the criteria provided in OAR 213‐060‐0060. (b) Issue a supplemental competitive grant application solicitation, and allow counties to submit applications, using the criteria and process provided in OAR 213‐060‐0050 through 213‐060‐0070. (2) If the funds remaining result from an action described in OAR 213-060-0070(3), priority for distribution of such funds shall be given to counties funding programs for historically underserved communities including rural communities, racial, ethnic and minority communities, and tribal communities. Rural counties may apply for supplemental grants in cooperation with other rural counties. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019) History: CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020 CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0095 Community Based Victim Services Advisory Panel (1) The Commission may appoint a Community Based Victim Services Advisory Panel, consisting of up to 9 members, taking into account regional representation, knowledge in the delivery of victim services, and diversity of experience in types of victim services. (2) If the Commission appoints a panel as described in this section, the panel shall review each application for the grant criteria specified in OAR 213‐060‐0060(5f), and make recommendations to the Commission staff. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 History: CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0130 Evaluating Efficacy; Termination; Report to Legislature (1)(a) Each program that is funded will be evaluated by the Commission on a quarterly basis, based on the county’s performance and progress towards the goals of Justice Reinvestment as outlined in OAR 213‐060‐0060. (b) A county that is not achieving criteria as outlined in OAR 213‐060‐0060 will be given notice and an opportunity to improve performance. The Commission may terminate the county’s grant award if the county has not satisfactorily improved performance. (2) The Commission shall specifically assess the extent to which each county is reducing utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.980, 811.182, 813.010, or 813.011. (3) The Commission will report the results of the evaluation conducted under this rule to a committee of the Legislative Assembly related to the judiciary. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019) History: CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020 CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0140 Evaluations of Programs Funded (1) The Commission may choose one or more Justice Reinvestment grants for a randomized controlled trial or other evaluation. Counties selected for a randomized controlled trial or other evaluation shall partner with the Commission in order to successfully complete the evaluation of their program. (2) Up to three percent of the total amount of Justice Reinvestment Grant funds may be used to support randomized controlled trials or evaluations for grant awards selected for such evaluations. Subject to approval by the Commission, the funds may also be used to offset any increased costs to the county associated with undergoing a randomized controlled trial or other evaluation. (3) A county selected for a randomized controlled trial or other evaluation shall contract with the Commission, or an entity approved by the Commission, to conduct such randomized controlled trial or other evaluation. (4) Any randomized controlled trial or other evaluation funds not allocated or budgeted by July 1 of an even ‐ numbered year shall be dispersed back to the counties participating in the Justice Reinvestment Grant Program according to the formula provided in ORS 423.483. (5) A program selected for randomized controlled trial or other evaluation shall have preference to be funded in future grant application cycles so long as study participants are still in the program. (6) The Commission will report the results of evaluations conducted under this rule to a committee of the Legislative Assembly related to the judiciary and the Office of the Governor, and will post the report on the Commission’s website. (7) In choosing programs for randomized controlled trials or other evaluations, the Commission will consider the following factors: (a) The proposed program is promising and has the capability of being reproduced in other counties. (b) The proposed program is capable of being evaluated through randomized controlled trials when taking into account sample size and other practical requirements. (c) The proposed randomized controlled trial will meet the requirements of the institutional review board process. (d) Studying the program will benefit the State and more broadly the field of criminal justice by adding to the body of knowledge currently available. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 History: CJC 1-2019, amend filed 07/29/2019, effective 07/29/2019 CJC 1-2017, f. & cert. ef. 8-16-17 CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-071-0010 Rule Applicability These rules apply to racial and ethnic impact statements requested on or after January 1, 2014. Statutory/Other Authority: 2013 OL ch 600 § 1 Statutes/Other Implemented: ORS 137.656 & 2013 OL ch 600 § 1 History: CJC 2-2016, f. & cert. ef. 12-29-16
213-071-0015 Definitions In OAR 213-071-0010 through -0020: (1) “Criminal offender population” means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime. (2) “Racial and ethnic impact statement” means a simple, impartial and understandable statement that describes the effects of proposed legislation on the racial and ethnic composition of the criminal offender population or recipients of human services. (3) “Recipients of human services” means all persons who are found to be within the jurisdiction of the juvenile court under ORS 419B.100 or who receive child welfare services described in ORS 418.005. Statutory/Other Authority: 2013 OL ch 600 § 1 Statutes/Other Implemented: ORS 137.656 & 2013 OL ch 600 § 1 History: CJC 2-2016, f. & cert. ef. 12-29-16
213-071-0020 Racial and Ethnic Impact Statements (1) Upon receipt of a written request signed by one member of the Legislative Assembly from each major political party, the Commission shall prepare a racial and ethnic impact statement pertaining to proposed legislation. (2) The racial and ethnic impact statement prepared by the Commission must include the following for racial and ethnic groups for which data are available: (a) An estimate of how the proposed legislation would change the racial and ethnic composition of the criminal offender population or recipients of human services; (b) A statement of the methodologies and assumptions used in preparing the estimate; and (c) An estimate of the racial and ethnic composition of crime victims who may be affected by the proposed legislation, if the statement addresses the effect of the proposed legislation on the criminal offender population. Statutory/Other Authority: 2013 OL ch 600 § 1 Statutes/Other Implemented: ORS 137.656 & 2013 OL ch 600 § 1 History: CJC 2-2016, f. & cert. ef. 12-29-16
213-080-0010 Authority and Application (1) These rules are promulgated pursuant to Sections 13 to 17, Chapter 103, 2018 Oregon Laws (Enrolled Senate Bill 1544); Sections 1 to 2, Chapter 3, 2021 Oregon Laws (Enrolled SB 893 - 2021 Second Special Session); and Sections 9 to 14, Chapter 117, 2022 Oregon Laws (Enrolled House Bill 4074). (2) These rules apply beginning July 1, 2018. Statutory/Other Authority: 2018 OL Ch.103 §13-17, 2021 OL Ch.3 §1-2 (Enrolled SB 893, 2021 Second Special Session) & 2022 OL Ch.117 §9-14 (Enrolled HB 4074) Statutes/Other Implemented: 2018 OL Ch.103 §13-17, 2021 OL Ch.3 §1-2 (Enrolled SB 893, 2021 Second Special Session) & 2022 OL Ch.117 §9-14 (Enrolled HB 4074) History: CJC 1-2024, amend filed 03/18/2024, effective 03/18/2024 CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022 CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018
213-080-0020 Purpose The purpose of these rules is to administer the Illegal Marijuana Market Enforcement Grant Program established by Sections 13 to 17, Chapter 103, 2018 Oregon Laws. Statutory/Other Authority: 2018 OL Ch.103 §13-17 Statutes/Other Implemented: 2018 OL Ch.103 §13-17 History: CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018
213-080-0030 Definitions As used in OAR 213-000-0010 to 213-080-0080, unless the context requires otherwise: (1) “Applicant” means one or more units of local government , or one or more community-based organizations, that submit an application to the Commission for a grant under the Illegal Marijuana Market Enforcement Grant Program. (2) “Business day” means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays. (3) “Commission” means the Oregon Criminal Justice Commission. (4) “Community-based organization” means a non-profit organization actively registered to do business in the State of Oregon, based in the community, independent from any unit of local government, and has and discloses to the state: (a) A current determination letter from the Internal Revenue Service acknowledging tax exempt status for the organization under section 501(c) of the Internal Revenue Code; or (b) A written fiscal sponsorship agreement with another non-profit organization actively registered to do business in the State of Oregon and that has received a determination letter from the Internal Revenue Service acknowledging tax exempt status under section 501(c)(3) of the Internal Revenue Code, and for which the organization providing fiscal sponsorship agrees to provide its tax-exemption and associated benefits to the community-based organization. (5) “Large-scale” means illegal marijuana cultivation or distribution operations relative to the applicant's community that involve large quantities of illegal marijuana, quantities of illegal marijuana of significant monetary value, operations that take place over large geographic areas, or any combination of those circumstances. (6) “Rural area” means a geographic area that is located at least 25 miles from any city with a population of 30,000 or more, or the entirety of a county with a population of less than 250,000 people, according to the most recent population statistics of the United States bureau of the census. (7) “Humanitarian crisis” means a set of circumstances that directly impact individuals who have been recruited, harbored, transported, or otherwise obtained, through threat of force or use of force, fraud, or coercion, for the purposes of subjecting individuals to wage theft, involuntary labor, involuntary servitude, peonage, debt bondage, slavery, or other forced or coerced performance of duties or acts related to or occurring during unlawful marijuana cultivation or distribution operations. Statutory/Other Authority: 2022 OL Ch. 117 §9-13, HB 4074 (2022 Regular Session) Statutes/Other Implemented: 2021 OL Ch. 3 §1-2, SB 893 (2021 Second Special Session) History: CJC 4-2024, amend filed 05/16/2024, effective 05/16/2024 CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022 CJC 1-2018, adopt filed 08/06/2018, effective 08/06/2018
213-080-0040 Grant Applications (1) The grant application cycle is determined by the Commission and identified in the Illegal Marijuana Market Enforcement Grant Program solicitation. (2) One or more units of local government or community-based organizations may submit applications in response to the solicitation for the Illegal Marijuana Market Enforcement Grant Program individually or jointly. (3) An Applicant may use up to 10 percent of the funds payable under the Illegal Marijuana Market Enforcement Grant Program for grant-related administrative costs, including activities such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by the Commission. Administrative costs may also include funds to pay for grant-related data collection activities. (4) The Commission may communicate directly, or through its program staff, with an Applicant to clarify the intent of its application or to recommend modifications in furtherance of the purposes of the Illegal Marijuana Market Enforcement Grant Program. (5) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Illegal Marijuana Market Enforcement Grant Program. (6) If unallocated funds remain at the conclusion of the grant acceptance period, the Commission shall distribute all remaining funds in the manner provided in OAR 213-080-0070. Statutory/Other Authority: 2022 OL Ch. 117 §9-14, HB 4074 (2022 Regular Session) Statutes/Other Implemented: 2022 OL Ch. 117 §9-14, HB 4074 (2022 Regular Session) History: CJC 4-2024, amend filed 05/16/2024, effective 05/16/2024 CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022 CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018
213-080-0050 Grant Application Review Criteria The Commission shall review and evaluate each grant application based on the following criteria: (1) The grant application must demonstrate how grant funds are spent on costs incurred by local law enforcement agencies and district attorneys in addressing and prosecuting unlawful marijuana cultivation or distribution operations. (2) In awarding grants, the Commission will prioritize grant applications that demonstrate how financial assistance and support to local law enforcement agencies and district attorneys will address any or all of the following: (a) Rural areas of this state; (b) Large-scale unlawful marijuana cultivation or distribution operations; (c) Organized crime involved in unlawful marijuana cultivation or distribution operations; (d) Operations that divert marijuana outside of this state; and (e) Coordination with community-based organizations that provide assistance to or services for individuals subject to the ongoing humanitarian crisis associated with unlawful marijuana cultivation or distribution operations. (3) In reviewing grant applications, the Commission may give preference to applications that demonstrate that an Applicant will: (a) Participate in training opportunities that assist the Applicant in addressing and prosecuting unlawful marijuana cultivation or distribution operations; (b) Address cases that require complex financial forensic accounting; (c) Track and report on outcomes as described by the Commission in the solicitation; (d) Collaborate with other local governments and agencies to achieve multi-jurisdictional outcomes consistent with the criteria described in OAR 213-080-0050; (e) Provide access to trauma-informed and culturally- and linguistically-specific and responsive services to persons affected by the ongoing humanitarian crisis associated with the illegal marijuana market. (4) Other criteria that the Commission chooses to include in the solicitation. Statutory/Other Authority: 2021 OL Ch. 3 §1-2, SB 893 (2021 Second Special Session) Statutes/Other Implemented: 2022 OL Ch. 117 §9-14, HB 4074 (2022 Regular Session) History: CJC 4-2024, amend filed 05/16/2024, effective 05/16/2024 CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022 CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018