justicedao/ipfs_state_laws huggingface dataset:
423-120-0020 Distribution of Funds (1) To receive juvenile crime prevention funds, a county or tribe must enter into an intergovernmental agreement with the Youth Development Division. The intergovernmental agreement: (a) Must require a county or tribe to use the funds in accordance with OAR 423-120-0001 to 423-120-0040 and the terms of the agreement; (b) Must require a county or tribe to develop a budget as part of its juvenile crime prevention plan that accounts for how the county or tribe will use the funds; (c) Must prohibit a county or tribe from using the funds to reimburse any person or entity for expenditures made, or to pay for any expenses incurred, before the effective date of the agreement; (d) Must prohibit a county or tribe from using the funds to reimburse any person or entity for expenditures made, or to pay for any expenses incurred, before the date on which the Youth Development Council approves the juvenile crime prevention plan; (e) Must require the funds, if allocated by the county or tribe to another entity for the provision of a juvenile crime prevention service, to be allocated pursuant to an agreement between the county or tribe and the entity under which the entity must: (A) Use the guidelines developed by the division pursuant to OAR 413-120-0015 for measuring changes in juvenile crime and recidivism; (B) Enter information related to assessing an individual’s risk of committing a juvenile crime in the Juvenile Justice Information System operated by the Oregon Youth Authority or in an identified database operated by the Oregon Department of Education; and (C) Must report to the county or tribe on the use of the allocation; (f) May allow the division to distribute the funds to the county or tribe in allotments quarterly; and (g) May allow the division to distribute an allotment to the county or tribe only upon receiving a request from the county or tribe to receive the allotment. (2) A county or tribe must notify the division, in a form and manner required by the division, of any change to the budget. (3) A county or tribe must return to the division any juvenile crime prevention funds that have not been obligated six months before the date on which the term of the intergovernmental agreement ends. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018
423-120-0025 Use of Funds by County or a Tribe (1) Except as provided in subsection (2) of this rule, all juvenile crime prevention funds must be used by a county or tribe to fund entities and programs that provide juvenile crime prevention services as specified in the county or tribe’s juvenile crime prevention plan. (2)(a) Except as provided in paragraph (b) of this subsection, a county may use up to 10 percent of juvenile crime prevention funds distributed to the county to pay expenses accrued, directly or indirectly, as a result of implementing the juvenile crime prevention plan. (b) A county identified by the Youth Development Division as receiving the minimum amount of juvenile crime prevention funds available to a county under OAR 423-120-0001 to 423-120-0040 may use up to 15 percent of juvenile crime prevention funds distributed to the county to pay expenses accrued, directly or indirectly, as a result of implementing the juvenile crime prevention plan. (c) A tribe may use a percent of juvenile crime prevention funds specified in an intergovernmental agreement to pay expenses accrued, directly or indirectly, as a result of implementing the juvenile crime prevention plan. (d) The budget must account for funds used as described in this subsection. (3) Juvenile crime prevention funds may not be used to replace other funds that the county or tribe dedicated, before entering into an intergovernmental agreement, to fund entities and programs that provide juvenile crime prevention services during the term of the agreement. (4) Juvenile crime prevention funds may not be used to fund an entity or program providing a juvenile crime prevention service if the entity or program is funded by another federal or state funding source and the use of juvenile crime prevention funds is duplicative of the use of funds from the other funding source. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018
423-120-0030 Reporting and Retaining Records (1) An entity or program that receives juvenile crime prevention funds from a county or tribe must file reports with the county or tribe accounting for the entity or program’s use of the funds. Reports filed under this subsection must be filed in accordance with the terms of an intergovernmental agreement. (2)(a) The Youth Development Division shall develop a form by which a county or tribe may file fiscal and program reports with the division. A county or tribe must file the form with the division in the manner required by the division. The report must be certified by an authorized signature. (b) A county or tribe may request the division, in a form and manner required by the division, to change the date on which a report otherwise would be filed under this subsection. The request for the change of date must be made before the date on which the report otherwise would be filed. The request must include: (A) An explanation of the need for the change of date; (B) The date on which the county or tribe will file the report; and (C) A description of the measures that the county or tribe will take to ensure that the county or tribe will timely file subsequent reports. (3) The division may require a county or tribe to retain any record created in conjunction with the funding of a juvenile crime prevention service for a period in excess of the period specified in the applicable provision of OAR chapter 166 if: (a) The record is related to an audit being conducted by the division at the time that the county or tribe otherwise would be permitted to destroy the record; or (b) The record is related to an audit that has concluded and discrepancies discovered during that audit have not been resolved at the time that the county or tribe otherwise would be permitted to destroy the record. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018
423-120-0035 Other Applicable Standards Juvenile crime prevention funds must be distributed and used in accordance with all applicable federal and state laws, rules, and regulations and all applicable circular letters issued by the United States Office of Management and Budget, including, but not limited to: (1) 75 U.S.C. 7501 to 7506 (requirements for single audits); (2) 42 U.S.C. 2000d to 2000d-7 (civil rights requirements for federally assisted programs); (3) 42 U.S.C. 12131 to 12134 and 12141 to 12165 (equality opportunity for individuals with disabilities when providing public services); (4) 29 U.S.C. 794 (nondiscrimination under federal grants and programs); (5) 20 U.S.C. 6081 to 6084 (prohibition against smoking in indoor facilities operated by a federal agency either directly or by contract); (6) 2 C.F.R. 225 (Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)); and (7) 70 F.R. 41242 (Audits of State, Local Governments, and Non-Profit Organizations (OMB Circular A-133)). Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018
423-120-0040 Enforcement (1) The Youth Development Division may audit a county or tribe or an entity or program that that receives juvenile crime prevention funds from a county or tribe for the purpose of determining whether the county, tribe, entity, or program is in compliance with OAR 423-120-0001 to 423-120-0040 or the terms specified in an intergovernmental agreement. (2) The division may withhold juvenile crime prevention funds from a county or tribe that: (a) Does not comply with OAR 423-120-0001 to 423-120-0040 or the terms specified in an intergovernmental agreement; (b) Allocates juvenile crime prevention funds to an entity or program that is not in compliance with OAR 423-120-0001 to 423-120-0040 or the terms specified in an intergovernmental agreement; or (c) Does not achieve outcomes identified by the division as being necessary to fulfill the purposes of OAR 423-120-0001 to 423-120-0040. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018
423-125-0001 Notice of Proposed Rulemaking (1) Before permanently adopting, amending, or repealing any rule under OAR 423-125-0001 to 423-125-0050 the Youth Development Division shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the proposed rulemaking; (b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to all persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335; (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and (d) By mailing or e-mailing a copy of the notice to persons identified by the division. (2) The division may annually update the division’s list of persons to whom the division must mail or e-mail notice pursuant to ORS 183.335 by requesting persons to confirm that they want to remain on the list. If a person does not respond to a request for confirmation within 28 days of the date the division sends the request, the division will remove the person from the list. Any person removed from the list will be returned to the list upon request, provided that the person requests in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0010 Definitions For purposes of OAR 423-125-0001 to 423-125-0050: (1) “Eligible applicant or potential applicant” means a person or entity identified as being eligible to receive a grant under OAR 423-125-0020. (2) “Gang intervention” means a strategy, or activity, or both used to decrease or stop a youth’s participation in gang activity or violence. (3) “Gang prevention” means a strategy, or activity or both, used to divert a youth from joining a gang. (4) “Gang prevention and intervention funds” means state moneys distributed by the division to a program or entity for the purpose of funding entities and programs that provide gang prevention and intervention services pursuant to OAR 423-125-0025. (5) “Gang prevention and intervention application” means an application developed under OAR 423- 125-0025 for approval by the Youth Development Council. (6) “Gang prevention and intervention service” means a service or activity used to prevent gang violence or gang involvement, or both, or used to intervene in circumstances involving gang violence or gang involvement, or both. (7) “Grant agreement” means an agreement between a grantee and the State of Oregon, acting by and through the Oregon Department of Education, the Youth Development Council, and the Youth Development Division, that: (a) Details the responsibilities of the parties to the agreement with respect to the council’s mandate, mission, and commitment to equity; and (b) Upon execution, makes the grantee eligible for reimbursement of funds as specified in the agreement. (8) “Grantee” means a party or potential party to a grant agreement that is eligible for reimbursement of funds as specified in the agreement. (9) “Mutual benefit corporation” means a nonprofit corporation that is charted by government and that has a mandate to serve the mutual benefit of its members. (10) “Nonprofit organization” means an organization: (a) Established as a nonprofit organization under the laws of this state; and (b) That qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code, as described in ORS 314.011. (11) “Public benefit company” means a corporation or limited liability company that considers its impact on society and the environment as part of its business decision-making process, in addition to earning a profit. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0015 Program Purposes; Community Investments (1) The purposes OAR 423-125-0001 to 423-125-0050 are to establish or support gang prevention and intervention services. (2) To fulfill the purposes described in subsection (1) of this rule, the Youth Development Division shall distribute gang prevention and intervention funds: (a) By issuing grants as described in OAR 423-125-0025; and (b) By distributing funds that become available to the division for purposes other than issuing grants as described in OAR 423-125-0025, in a form and manner prescribed by the division or, if there is a need for the timely distribution of funds, as otherwise determined by the division. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0020 Eligibility (1) The following are eligible to receive a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b): (a) The nine federally recognized tribes in Oregon; (b) Nonprofit organizations providing gang prevention and intervention services in this state; (c) Faith based organizations providing gang prevention and intervention services in this state; (d) Public benefit companies conducting business in this state and providing gang prevention and intervention services in this state; (e) Mutual benefit corporations conducting business in this state and providing gang prevention and intervention services in this state; (f) Counties, cities, and county and city governmental entities in this state; and (g) Any other local government in this state, organization providing gang prevention and intervention services in this state, or company or corporation conducting business in this state that provides gang prevention and intervention services in this state, as identified by the Youth Development Council. (2) The following are not eligible to receive a grant under OAR 413-125-0025 or a distribution under OAR 423-125-0015 (2)(b): (a) An entity or person that does not provide gang prevention and intervention services in this state; (b) An entity or person that the Youth Development Division determines has engaged in, or is engaging in, an activity described in OAR 423-125-0045. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0025 Competitive Grants (1) The Youth Development Division shall establish a process by which the division may issue grants for the purposes of establishing or supporting gang prevention and intervention services. The process must require the submission of gang prevention and intervention applications as described in this rule. The process must be approved by the Youth Development Council. (2) The council must reapprove the process not less than once each biennium, or as otherwise determined by the council to be necessary. (3) The division shall notify eligible applicants or potential applicants of: (a) The process; (b) Submission deadlines and other important dates; and (c) All applicable grant parameters. (4) The division shall make available to eligible applicants or potential applicants: (a) Gang prevention and intervention application forms; (b) All other materials necessary to apply for a grant; and (c) Any guidelines for applying for a grant that the division determines is necessary to properly inform eligible applicants or potential applicants how to properly apply for a grant. (5) Each gang prevention and intervention application submitted under this rule must include: (a) A proposal for expending grant moneys, including a description of all activities to be funded with grant moneys and the expected outcomes associated with the performance of those activities; (b) In a form and manner prescribed by the division, each individual measurable activity and associated outcome that will be subject to reporting under OAR 423-125-0035; (c) In a form and manner prescribed by the division, a project budget that provides an accounting of grant moneys and how those grant moneys will be spent; and (d) Other information as required by the division. (6) The budget described in subsection (5)(c) of this rule may not include an accounting of funds that are not grant moneys awarded pursuant to this rule. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0030 Notice and Appeal (1) Prior to awarding a grant under OAR 423-125-0025, the Youth Development Division shall send written notification of the initial determination of the distribution to any applicant that applied for the grant. (2) If the applicant will receive a grant under OAR 423-125-0025, the written notification must take the form of a letter of intent to award. A letter of intent to award does not guarantee that the applicant will receive the grant. Receipt of a grant is contingent on satisfying any requirement imposed by or necessary to enter into a grant agreement. (3) The division shall establish an appeals process by which an eligible applicant or potential applicant may appeal a decision to award a grant under OAR 423-125-0025. The process must be approved by the council. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0035 Grant Agreements Prior to distributing funds under OAR 423-125-0001 to 423-125-0050, the Youth Development Division shall enter into a grant agreement with the person or entity who is to receive the funds. At a minimum, the grant agreement shall establish the following: (1) That funds will be rewarded in the form of reimbursements; (2) Any condition for receiving funds that is necessary to ensure that the funds will be used for the purposes described in OAR 423-125-0015; (3) Requirements related to the keeping of records; (4) Requirements related to reporting on the use of the funds; (5) Requirements related to reporting on activities, actions, programming, and outcomes of the grantee or any party that the grantee is acting on behalf of; and (6) Any other matter that the Youth Development Council requires to be included in a grant agreement. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0040 Site Visits If practicable, the division shall make a reasonable effort to visit a site where activities funded by gang prevention and intervention funds are conducted at least once a biennium. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850 & ORS 417.855 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0045 Prohibitions An entity or person to which the Youth Development Division distributes funds under OAR 423-125-0001 to 423-125-0050 may not expend the funds on any of the following: (1) Any activity or use prohibited by state law or rule or local ordinance; (2) If the funds are federal funds, any activity or use prohibited by federal law or regulation; (3) If the funds are federal funds and federal law or regulation prescribes an age range for individuals on whom the funds may be spent, on individuals who are not an age that falls within the age range; (4) Campaigning for office or campaigning on behalf of a person who is running for office or who is currently in office; (5) Religious instruction or recruitment; (6) Any activity or use that falls outside of the scope of work described within the grant agreement pursuant to which the funds were distributed. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-125-0050 Prioritizing Grants and Distributions In awarding grants under OAR 423-125-0025 or making distributions under OAR 423-125-0015 (2)(b), the Youth Development Division may prioritize eligible applicants or potential applicants in consideration of the following: (1) Whether eligible applicants or potential applicants have documented evidence of establishing or supporting gang prevention and intervention services; (2) For the purpose of ensuring the geographic diversity of grantees and other recipients of funds, the geographic location of eligible applicants or potential applicants; (3) Whether funds are used in a culturally competent and gender-specific manner that reflects the population, needs, and resources of the identified community; (4) If the eligible applicant or potential applicant previously received a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b), or is the affiliate of any entity or person that previously received a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b), the findings of any site visit conducted pursuant to OAR 423-125-0040; and (5) Any other criteria that the division determines furthers its mandate, mission, and commitment to equity. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2019, adopt filed 08/21/2019, effective 08/21/2019
423-150-0001 Notice of Proposed Rulemaking (1) Before permanently adopting, amending, or repealing any rule under OAR 423-150-0001 to 423-150-0010, the Youth Development Division shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the proposed rulemaking; (b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to all persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335; (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and (d) By mailing or e-mailing a copy of the notice to persons identified by the division. (2) The division may annually update the division’s list of persons to whom the division must mail or e-mail notice pursuant to ORS 183.335 by requesting persons to confirm that they want to remain on the list. If a person does not respond to a request for confirmation within 28 days of the date the division sends the request, the division will remove the person from the list. Any person removed from the list will be returned to the list upon request, provided that the person requests in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 3-2019, adopt filed 08/21/2019, effective 08/21/2019