justicedao/ipfs_state_laws huggingface dataset:
213-030-0121 Reports (1) At least once per biennium, the grant review committee shall, in conjunction with the Oregon Health Authority, identify: (a) The costs to state government that were avoided as a result of the IMPACTS program; and (b) Any increased costs to local governments as a result of the IMPACTS program. (2) No later than January 1 of each odd-numbered year, the grant review committee shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, which includes the costs described in subsection one (1) of this section and describes the methodology employed by the grant review committee in determining the costs. (3) Annually, the grant review committee shall submit a report, in the manner provided in ORS 192.245, on the outcome measures or the results of evaluations of the IMPACTS program to the interim committees of the Legislative Assembly related to health and the judiciary and to the Governor. Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14 Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14 History: CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021
213-040-0010 Authority These rules are promulgated pursuant to Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204). Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0020 Purpose The purpose of these rules is to administer the Restorative Justice Grant Program established pursuant to Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204). Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0030 Definitions (1) "Advisory committee" means the committee organized pursuant to OAR 213-040-0040. (2) "Commission" means the Oregon Criminal Justice Commission. (3) Community-based organization" means a Tribe-affiliated organization that is based in the community and an independent entity from system partners, a nonprofit, or an organization that has a non-profit fiscal sponsor. (4) "Outcome measure" means any objective, standard or goal to be tracked and quantitatively or qualitatively measured over a designated period to evaluate the efficacy of a program. (5) "Private entity" means any corporation, trust, association, cooperative or other organization that is not a public entity or a system partner. (6) "Program" means a restorative justice program administered by a private entity or a public entity. (7) "Public entity" means (a) any Tribe, and (b) any Oregon "public body" as defined in ORS 174.109. (8) "Restorative justice" means a community-based alternative to the criminal and juvenile legal systems that aims to center the needs of the harmed party and foster accountability within the responsible party without resorting to incarceration or criminal conviction. (9) "Socially disadvantaged individual" means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individual's identity as a member of a group. (10) "System partner" means an entity that operates within the criminal and juvenile legal systems, including but not limited to state and local law enforcement entities, county departments of community justice and state-run community corrections entities, state and municipal courts, district attorney offices, and criminal defense attorneys and criminal defense law firms or consortia. (11) "Tribe" means one of the nine federally recognized Indian Tribes in Oregon. Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0040 Advisory Committee (1) The Commission shall convene an advisory committee to evaluate and approve restorative justice grant awards. The grant award approval and authorization process is set forth in OAR 213-040-0070. (2) The Commission may seek the advisory committee's input on other matters relating to the restorative justice grant program. (3) The advisory committee shall consist of the following members: (a) At least one individual who is a member of a Tribe; (b) At least one individual who is a restorative justice practitioner; (c) At least one individual who is a member of a community-based organization that promotes and supports the implementation of restorative justice principles and models; (d) At least one individual who is actively engaged with the victim/survivor community in a non-government affiliated role; (e) At least one individual who was previously incarcerated; (f) At least one individual with expertise in trauma-informed practices; (g) At least one member of the public with an interest in the implementation and practice of restorative justice principles and models; (h) A representative from the Governor's Racial Justice Council or the Governor's Racial Justice Council's identified designee; (i) A representative from the Oregon Criminal Defense Lawyers Association; and (j) A representative from the Oregon District Attorneys Association. (4) A majority of the members of the advisory committee constitutes a quorum for the transaction of business. (5) Without preferring any particular demographic group, the Commission shall consider such factors, including but not limited to gender, geographic, ethnic, and racial diversity of the advisory committee members when convening the advisory committee. Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0050 Grant Applications (1) The Commission shall determine the grant application cycle based on the availability of funds. (2) Grant applicants may be either public or private entities. (3) Grant applicants must: (a) Provide or seek to provide restorative justice services within the State of Oregon; (b) Demonstrate coordination with community-based organizations; (c) Demonstrate the ability to work collaboratively with system partners; (d) Demonstrate how the applicant's program will: (A) Center the experiences of those harmed; (B) Encourage those who have caused harm to take responsibility and repair the harm; and (C) Support persons who have been harmed, impacted community members, and responsible parties in identifying solutions that promote healing, including promoting dialogue and mutual agreement; and (e) Provide a detailed description of the eligibility criteria utilized by the program to determine program participants. (4) An ability to work collaboratively with system partners may be shown by demonstrating a willingness to communicate with or involve system partners in an applicant's program, and does not necessarily require involvement of system partners in the restorative justice program. (5) Grant applicants may request to use up to 15 percent of grant funds payable under the grant for administrative costs, including activities such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by the Commission. Exceptions to this limitation may be granted by the Commission upon sufficient showing by the applicant. (6) Grant applicants may request funding to facilitate the collection of program information as provided in OAR 213-040-0070(6)(b), as well as to conduct program evaluations. This may include funding for a partnership with a researcher or research entity. (7) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part for all applicants if it deems such actions to be in the best interests of the Restorative Justice Grant Program. (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 213-040-0080. Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0060 Grant Application Review Criteria (1) The advisory committee and the Commission shall review and evaluate each grant application based upon the following criteria: (a) How well the grant application demonstrates the criteria in OAR 213-040-0050(3); and (b) Any other criteria set forth in the request for grant applications. (2) In evaluating and approving grant applications, the advisory committee and the Commission may give preference to applications that demonstrate that the applicant's program: (a) Offers services that do one or more of the following: (A) Engage in and serve rural or other historically underserved regions or areas in Oregon. (B) Engage and provide culturally appropriate services to socially disadvantaged individual(s). (b) Partners with a researcher or research entity to track and report on any outcome measures associated with the applicant's program; (c) Addresses case types as defined in OAR 213-003-0001(14) and OAR 213-003-0001(15); (d) Addresses case types that carry a presumptive sentence of prison pursuant to the criteria in OAR 213-004-0001 through OAR 213-004-0013; (e) Prioritizes funding for direct services to the party harmed and the person who committed the harm; or (f) Does not disqualify program participants based on prior criminal history. Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0070 Grant Application Processing and Awards (1) Commission staff will review each grant application using the criteria provided in OAR 213-040-0060 and the request for grant applications and will make recommendations to the advisory committee. (2) The advisory committee will review and evaluate each grant application and the recommendations of the Commission staff and notify the Commission regarding which grant applications it has approved for award. (3) The advisory committee may approve grant applications for an award in whole or in part. The advisory committee may reject portions of the grant application that do not meet the criteria in OAR 213-040-0060. When a portion of a grant is not approved, the advisory committee shall provide an explanation to the Commission of the advisory committee's reasoning for not approving that portion of the grant. (4) The Commission will review and evaluate the grant applications approved for award by the advisory committee and determine whether to authorize a grant award to the approved applicants. (5) If the Commission authorizes a grant award to an approved applicant, the Commission may authorize the grant award in whole or in part. The Commission may reject portions of the grant application that do not meet the criteria in OAR 213-040-0060. (6) Applicants authorized for funding by the Commission must agree to perform grant reporting requirements, including: (a) Submitting a financial report on a quarterly basis detailing expenditure of grant funds during the prior quarter; and (b) Collecting and submitting program information to Criminal Justice Commission upon request, which may include but is not limited to outcome measures, program evaluation, demographic information pertaining to eligible and enrolled participants, satisfaction metrics for both the responsible and harmed parties, and data collected in partnership with a researcher or research entity. (7) The Commission will notify grant applicants of the Commission's award decision within 75 business days after the grant application deadline. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification. Each applicant shall enter into a grant agreement with the Commission for each grant awarded. The grant agreement will set forth the terms, conditions, and requirements of the grant. (8) The Commission may amend a grant award authorized under this rule to address new circumstances, funding opportunities, or other developments in the implementation of the grant. Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-040-0080 Supplemental Grant Period If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission may do one or more of the following: (1) Use unallocated funds to supplement and expand the scope of one or more grant awards that were authorized, without the need for further grant solicitation, but using the criteria provided in OAR 213-040-0060; or (2) Issue a supplemental competitive grant application solicitation, and allow for the submission of new applications, using the criteria and process set forth in OAR 213-040-0050 through -0070. Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204) History: CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022
213-050-0045 Authority These rules are promulgated pursuant to ORS 169.090(2), 137.656(4), and 419C.453. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-050-0050 Purpose These rules are the minimum standards for the establishment, operation and review of extended detention programs serving juveniles pursuant to ORS 419C.453. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-050-0055 Definitions As used in OAR 213-050-0045 to 213-050-0080, unless the context indicates otherwise: (1) "Committing Authority": The juvenile court of the county where the juvenile was adjudicated. (2) "Extended Detention Period": As promulgated in ORS 419C.453, a period of detention exceeding eight days, but not more than 30 days. (3) "Facility" means a detention facility as defined in ORS 419A.004. (4) "Juvenile" means a person over whom the juvenile court has jurisdiction under ORS 419C.005 and who is eligible to be detained pursuant to ORS 419C.453. (5) "Juvenile court" means the court having jurisdiction over cases under ORS 419A, 419B and 419C. (6) "JCPAC" means the Juvenile Crime Prevention Advisory Committee established by ORS 417.845. (7) "Program" means a specified array of services and activities that support a therapeutic goal for juveniles in need of a secure setting. (8) "Program Plan" means the written rationale for an extended detention program along with the explanation of how the county will deliver the program in conformance with the minimum standards set forth in OAR 213-050-0060. (9) "Qualified Professional" means a clinician certified in the service field by the state or federal government or approved through an insurance company. (10) "Supervising Authority": The agency or department in the original county where the juvenile was adjudicated, or the department to which the case was transferred. (11) "Therapeutic" means rehabilitative and calculated to enhance well-being through treatment and training. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-050-0065 Approval Process (1) Extended Detention program plans submitted to the JCPAC must have prior approval from the Board of Commissioners and by the juvenile court judge of the county in which the facility operates. (2) Program plans submitted to the JCPAC for approval must include: (a) A statement of the rationale for the program, including: (A) The juveniles intended for admission; (B) The therapeutic goal(s); (C) The need for the program to be delivered in a secure setting; and (D) The screening criteria and screening process for admission; (b) A description of the services and activities to be provided; (c) A description of the staff positions, including number, responsibilities, and the required credentials, experience and training; (d) A detailed explanation of how the county will deliver and review the program in conformance with the minimum standards set forth in OAR 213-050-0060; (e) The written policies and procedures of the program; (f) The daily schedule planned for the juveniles; and (g) Documentation of: (A) Prior approval by the Board of Commissioners and by the juvenile court judge of the county in which the facility operates; (B) Compliance with the education standards set by the Oregon Department of Education; (C) Compliance with the Oregon Department of Corrections standards for juvenile detention facilities. (3) Program plans previously approved under rules adopted by the Oregon Commission on Children and Families or by the Oregon Criminal Justice Commission must be subject to review by the JCPAC under these permanent rules. (4) The JCPAC or its designee must conduct an on-site visit of the facility prior to acting upon the application for approval. (5) The JCPAC or its designee must approve or deny the application within 120 days of receipt and provide the county a decision in writing. (6) The JCPAC may authorize the county to operate an extended detention program for a maximum of five years, subject to renewal of approval by JCPAC in the future. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-050-0070 Modification, Review and Renewal (1) A county operating an approved extended detention program must report to the JCPAC annually on forms provided by the JCPAC. The report must include a county statement as to whether the program continues to operate in conformance with the minimum standards set forth in OAR 213-050-0060. (2) If a county operating an approved extended detention program wishes to make a substantial modification in its program, it must notify the JCPAC and obtain the JCPAC’s prior approval for the modification. (3) The county’s request for approval of a modification must include a description of the modification, explanation of how with the modification the program will continue to operate in conformance with the minimum standards set forth in OAR 213-050-0060, and documentation of prior approval of the modification by the Board of Commissioners and juvenile court judge of the county in which the facility operates. Examples of substantial modifications include but are not limited to: change in the therapeutic goal, change in the intended population served or change from single sex to coed population. (4) Prior to expiration of the approval period, a county may request the JCPAC to renew its approval of the extended detention program. The provisions of OAR 213-050-0065 apply to the renewal process. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-050-0075 Suspension, Revocation or Refusal to Renew Approval At any time the JCPAC may suspend, revoke or refuse to renew its approval of an extended detention program if the county fails to maintain the minimum standards in OAR 213-050-0060 or does not report annually as required by 213-050-0070(1). The JCPAC must notify the county, in writing, of any decision to suspend, revoke, or refuse to renew approval. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-050-0080 Grievance Process (1) Counties denied approval to operate an extended detention program, or whose approval has been suspended, revoked or not renewed, may grieve the decision to the JCPAC at its next available committee meeting. (2) The county must submit a written explanation of the grievance at least seven days prior to the next available JCPAC meeting. (3) A county representative must address the JCPAC regarding the grievance. (4) The JCPAC must provide the county with a decision, in writing, of its decision on the grievance. Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453 Statutes/Other Implemented: ORS 169.090(2) & 419C.453 History: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03
213-060-0010 Authority These rules are promulgated pursuant to Sections 52 to 56, Chapter 649, 2013 Oregon Laws (Enrolled House Bill 3194). Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 History: CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0020 Purpose The purpose of these rules is to administer the Justice Reinvestment Program established by Sections 52 to 56, Chapter 649, 2013 Oregon Laws. Statutory/Other Authority: 2013 OL Ch.649 § 52‐56 Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 History: CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15
213-060-0030 Definitions As used in OAR 213‐060‐0010 to 213‐060‐0140, unless the context indicates otherwise: (1) “Commission” means the Oregon Criminal Justice Commission. (2) “Community-based programs” includes: (a) Work release programs; (b) Structured, transitional leave programs; (c) Evidence-based programs designed to reduce recidivism that include the balanced administration of sanctions, supervision and treatment; (d) Administering a reentry court under Section 29, Chapter 649, 2013 Oregon Laws; (e) Specialty courts aimed at medium‐risk and high‐risk offenders; and (f) Evidence-based policing strategies. (3) “County” includes a regional collection of counties. (4) “Grant Review Committee” means the Justice Reinvestment Grant Review Committee established under Section 53, Chapter 649, 2013 Oregon Laws. (5) “Program” means a program that is cost-effective as defined in ORS 182.515(2) that is an evidence based program as defined in ORS 182.515(3), that is a program as defined in ORS 182.515(4), and that utilizes scientifically based research as defined in ORS 182.515(5). (6) “Recidivism” has the meaning provided in ORS 423.557(1)(a). (7) “Trauma informed services” means providing the foundation for a basic understanding of the psychological, neurological, biological, and social impact that trauma and violence have on individuals, while incorporating proven practices into current operations to deliver services that acknowledge the role that violence and victimization play in their lives. (8) “Evaluations” means an assessment or study of sanctions, services, or programs funded in whole or in part by Justice Reinvestment Grant funds. This includes assessments of alignment with evidence-based practices; studies such as randomized controlled trials; quasi-experimental studies; and similar process and outcome methods, models, and approaches. 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