justicedao/ipfs_state_laws huggingface dataset:
137-068-0040 Financial Information (1) Financial Assistance Amount and Limitations: An applicant may receive no more than $1000.00 in aggregate financial assistance in a 365-day period, unless the Program finds good cause to exceed that amount. (a) When multiple family members are victims of the same bias crime or bias incident, no more than $2000.00 shall be awarded to the family in a 365-day period, regardless of the number of victims or the makeup of the family, unless the Program finds good cause to exceed that amount. (b) When multiple family members of a deceased victim apply for emergency monies, no more than $2000.00 shall be awarded to the family in a 365-day period, regardless of the size or makeup of the family, unless the Program finds good cause to exceed that amount. (c) When multiple legal guardians of a victim apply for emergency monies, no more than $1000.00 shall be awarded to the family in a 365-day period, regardless of the size or makeup of the family, unless the Program finds good cause to exceed that amount. (2) The fund is a payor of last resort. All prior and existing resources, if available at the time of application, must be utilized before the fund can pay out, including insurance, and obligatory landlord and HOA remedies. (3) Payments: The emergency fund only provides payments to payees. If a payee declines to accept payment from the Department for any reason, the Department will cancel payment and notify the victim. (4) Limitations: There is no guaranteed right or privilege to receive emergency monies from the Department. The emergency monies are a limited resource, and once those funds are expended, no more funds will be available to pay costs that would otherwise be compensable to eligible victims. Statutory/Other Authority: ORS 147.380 & ORS 147.005-147.463 Statutes/Other Implemented: ORS 147.380 & ORS 147.005-147.463 History: DOJ 7-2022, adopt filed 06/09/2022, effective 06/13/2022
137-068-0050 Dual Reports, Confidentiality and Department Review (1) Dual reports: In the event of competing allegations of bias between two persons, both alleging the other has perpetrated bias against them, the application for emergency funds will be reviewed by three (3) members of the Department’s Civil Rights Unit. A determination will be made within two (2) weeks of receipt of the application. The applicants will not be made aware of the competing report of bias to protect the confidentiality and safety of the other reporter. Emergency funds may still be awarded to each victim. (2) Confidentiality: Pursuant to ORS 147.380(6), any data collected by the Department under this section that reveals the identity of any individual is exempt from public disclosure. Information may be shared between state government offices if the fund is audited. (3) Review: The Department may deem an application ineligible if the applicant fails to meet eligibility requirements, fails to provide requested information in writing by the date required by the Department, or if the application contains false or misleading information. If the Department denies an application for emergency monies, the applicant has thirty (30) days to contact the Civil Rights Director in writing to request a review of the decision. The applicant will be notified in writing of the Civil Rights Director’s decision, which is final. Statutory/Other Authority: ORS 147.380 & ORS 147.005-147.463 Statutes/Other Implemented: ORS 147.380 & ORS 147.005-147.463 History: DOJ 7-2022, adopt filed 06/09/2022, effective 06/13/2022
137-073-0010 Purpose These rules set out guidelines for the operation of the Trauma Informed Response Training grant program, established by HB 2575 to fund training for groups and agencies that interact with persons who have experienced trauma. Statutory/Other Authority: HB 2575 (2021) Statutes/Other Implemented: HB 2575 (2021) History: DOJ 6-2023, adopt filed 05/11/2023, effective 05/15/2023
137-073-0020 Definitions (1) “Grantee” is an applicant that successfully applies for and receives money through the grantmaking process carried out by the Department. (2) “Law enforcement agency” is an agency employing law enforcement officers, the primary duty of which is one or more of the following : (a) Detecting crime and enforcing the criminal laws of this state or laws or ordinances relating to airport security; (b) The custody, control or supervision of individuals convicted of or arrested for a criminal offense and confined to a place of incarceration or detention; or (c) The control, supervision and reformation of adult offenders placed on parole or sentenced to probation and investigation of adult offenders on parole or probation or being considered for parole or probation. (3) “Local government agency” is a county or city agency created to carry out a government function or to implement a statute or statutes. This includes but is not limited to: (a) District Attorney's Office (b) City Attorney (c) County Counsel (d) Tribal Social Services (e) Tribal Government (f) County offices (4) “Trauma” is a n experience that causes physical, emotional, spiritual, or psychological harm. Statutory/Other Authority: HB 2575 (2021) Statutes/Other Implemented: HB 2575 (2021) History: DOJ 6-2023, adopt filed 05/11/2023, effective 05/15/2023
137-073-0030 Grant Program Application Process (1) Frequency: Applications will be issued by the department at least biennially as long as sufficient funds are allocated. (2) Eligibility criteria: (a) Eligible applicants for grant awards include law enforcement or local government agencies; (b) Project proposals must be consistent with the model training program established by the Department. (3) Applicants may request funds for an established training program provided by an outside entity or for the development of a training program within the agency. Training program must be consistent with model training program. (4) Content of application packet. Each application packet issued shall describe: (a) The total grant funds available; (b) Whether it is a competitive or non-competitive process; (c) The total funds available for award; (d) Instructions specifying the requirements for a successful application; (e) The last date by which applications must be submitted and/or received by DOJ; (f) The manner in which the application must be submitted; (g) All necessary application forms and materials; (h) All other information required for application preparation and submission; (i) A description of the application review process, including review criteria; (j) A description of grant reporting requirements; and (k) Notification of the right to a review of the award decision. Statutory/Other Authority: HB 2575 (2021) Statutes/Other Implemented: HB 2575 (2021) History: DOJ 6-2023, adopt filed 05/11/2023, effective 05/15/2023
137-073-0040 Process for Awarding Grants (1) Review Criteria: (a) The Department staff shall review applications according to objective criteria described in the application packet. Non-competitive applications may be reviewed solely by Department staff. Competitive applications may be reviewed by Department staff with regard to satisfaction of minimum qualifications for eligibility, but shall be reviewed by a review committee, established by the Department, with regard to content. While numeric scoring will be used for any competitive award process, the Department reserves the right to award funds to agencies based upon criteria other than highest ranking numerical score; (b) The Department shall consider the community partnerships of the applicant when determining awards. (2) Award Amounts: As part of the application review process, review committee or Department Staff may consider factors including: total amount of funds available overall; the number of applications submitted; geographic distribution; and feasibility of awarding one or more applicants an amount less than that requested. (3) Record of Process: A complete record of the review process shall be kept during the process and shall be retained by the Department during the term of the grant awards. If applicable, this includes any numerical scoring resulting from a competitive process. This information shall be available to grantees, upon request, excluding the identity of individual scorers. (4) Transfer of Funds: Upon approval of an application, the Department will enter into a contractual agreement with the applicant. The Department will disburse funds in accordance with that agreement. (5) Completion of Required Grant Award Documents: Funds are not considered obligated and will not be transferred until all required grant award documents have been signed by an applicant and by the Department designee. If grant award documents are not completed by an applicant within three months of the notice to the applicant of the intended award, the Department has the authority to reallocate the funds awarded. Statutory/Other Authority: HB 2575 (2021) Statutes/Other Implemented: HB 2575 (2021) History: DOJ 6-2023, adopt filed 05/11/2023, effective 05/15/2023
137-073-0050 Grantee Reporting (1) Grantee shall submit reports to the Department as prescribed in the RFA. The form and content of the report shall be specified by the Department. The report must document how the funds were used and the extent to which the grantee was able to meet anticipated outcomes, as well as other grant-related information requested by the Department. (2) Outcome measures: Grantee must report on the number and disciplines of people trained and describe what policies and/or procedures participants plan to change that will improve trauma informed response practices as a result of the training. Statutory/Other Authority: HB 2575 (2021) Statutes/Other Implemented: HB 2575 (2021) History: DOJ 6-2023, adopt filed 05/11/2023, effective 05/15/2023
137-074-0010 Purpose These rules set out guidelines for the operation of a one-time grant program established by Section 4(4) of SB 1579 (2024) to expand access to services and supports provided by children’s advocacy centers and regional children’s advocacy centers. Statutory/Other Authority: SB 1579 Statutes/Other Implemented: SB 1579 History: DOJ 8-2024, adopt filed 05/22/2024, effective 05/23/2024
137-074-0020 Definitions (1) “Children’s advocacy center” means a facility that meets the facility standards consistent with national accreditation standards established by National Children’s Alliance to which a child from the community may be referred to receive a thorough child abuse assessment, for the purpose of determining whether the child has been abused or neglected, and that facilitates a coordinated, comprehensive and multidisciplinary response to cases of child abuse. (2) “Regional children’s advocacy center” means a facility operated by a children’s advocacy center that meets the facility standards consistent with national accreditation standards established by National Children’s Alliance and is selected by the Child Abuse Multidisciplinary Intervention Program to provide training and complex case assistance, including one or more of the following: (a) Consultation; (b) Education; (c) Referral; (d) Technical assistance; and (e) If authorized by the Department of Justice, other services as needed. Statutory/Other Authority: SB 1579 Statutes/Other Implemented: SB 1579 History: DOJ 8-2024, adopt filed 05/22/2024, effective 05/23/2024
137-074-0030 Grant Application Process (1) Eligibility criteria: (a) Children’s Advocacy Centers must apply directly for the grant. Applicants must certify that on or before June 30, 2025, the applicant will be accredited by the National Children’s Alliance or will have an application for accreditation with the National Children’s Alliance pending. (b) A health care provider or a medical facility may apply for a grant to expand medical assessment services, intervention services and any other services and supports not inconsistent with the purposes of ORS 418.746 to 418.796, if: (A) The health care provider or medical facility is connected through a linkage agreement or contract with a children’s advocacy center; and (B) The children’s advocacy center satisfies the accreditation requirements described in paragraph 1(a) of this subsection. (2) Applicants must demonstrate in the grant application how the grant award would: (a) Allow for initial consultation with a designated medical professional, as defined in ORS 419B.023, within 48 hours in accordance with Karly’s Law; and (b) Improve response times for intervention following incidents of child abuse and the prevention of child fatalities. (3) Applicants may use the grants: (a) For costs directly related to maintaining or expanding Children's Advocacy Center services, including, but not limited to: forensic interviews, medical examinations, treatment, behavioral and mental health services, and referral and/or coordination of other related services; (b) To expand access to designated medical professionals, as described in ORS 418.747(9); and (c) For costs associated with obtaining accreditation from the National Children's Alliance, including application fees and support staff expenses. (4) Content of application packet. Each application packet issued shall describe: (a) The total funds available for award; (b) The maximum amount for individual awards; (c) Instructions specifying the requirements for a successful application; (d) The last date by which applications must be submitted and/or received by DOJ; (e) The manner in which the application must be submitted; (f) All necessary application forms and materials; (g) All other information required for application preparation and submission; (h) A description of the application review process, including review criteria; (i) A description of grant reporting requirements; and (j) A description of the grievance process for unsuccessful applicants. Statutory/Other Authority: SB 1579 Statutes/Other Implemented: SB 1579 History: DOJ 8-2024, adopt filed 05/22/2024, effective 05/23/2024
137-074-0040 Process for Determining Award Amounts (1) The Department may consider the following when determining the amounts of grants awarded: (a) The applicant’s capability to expand access to or maintain a children’s advocacy center in an underserved community; (b) The applicant’s capability to expand access of a children’s advocacy center to a geographic area of this state with no children’s advocacy centers; (c) The likelihood that the applicant, if awarded a grant, will expand access to children’s advocacy center services and supports to children from historically marginalized and underserved communities; (d) If awarded a grant, the ability of the existing or proposed children’s advocacy center to provide behavioral and mental health services for victims of child abuse; (e) The applicant’s capability to provide services to drug endangered children; and (f) The applicant’s capability to provide services to children who have been trafficked. (2) The total amount distributed to a given children’s advocacy center under this grant may not exceed $300,000, calculated based on the total of: (a) Amounts distributed to the children’s advocacy center under Section 4(3)(a) of Senate Bill 1579 (2024); and (b) Amounts awarded to the children’s advocacy center under this rule, including the amounts of any grants awarded as permitted in this rule to a health care provider or medical facility that is connected with the children’s advocacy center. (3) Upon approval of the application, and following the grant award, the Department will enter into a Grant Agreement with the Grantee. The Department will disburse funds in accordance with the Grant Agreement. (4) The Department shall award and distribute all of the amounts available for grants under this one-time grant no later than June 30, 2025. (5) The Department is responsible for monitoring these funds for the duration of the grant award period. Statutory/Other Authority: SB 1579 Statutes/Other Implemented: SB 1579 History: DOJ 8-2024, adopt filed 05/22/2024, effective 05/23/2024
137-074-0050 Reallocation of Funds Not Applied For or Used (1) One-time grant funds that were not allocated due to an Applicant’s failure to request its allocated funds, or an Applicant’s failure to submit a complete application, or failure to enter into a Grant Agreement, may be distributed to other eligible applicants as a supplemental award. (2) This reallocation of funds will occur no later than June 30, 2025. Statutory/Other Authority: SB 1579 Statutes/Other Implemented: SB 1579 History: DOJ 8-2024, adopt filed 05/22/2024, effective 05/23/2024
137-076-0000 Authority for Rules These rules are adopted under the Department of Justice's authority contained in ORS 147.205(1). Statutory/Other Authority: ORS 147.205(1) History: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0005 Scope of Rules These rules implement ORS 147.005 through 147.367 related to the compensation of crime victims. Statutory/Other Authority: ORS 147.205(3) History: DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0010 Definitions As used in ORS 147.005 through 147.367 and OAR Chapter 137 Division 76, unless the context requires otherwise: (1) "Compensation" means payment to a provider or reimbursement to a victim for compensable expenses and/or losses that have been incurred by a victim of a compensable crime for physical or emotional injuries directly related to the criminal incident. (2) “Counseling” as used in ORS 147.005(6) means the assessment, diagnosis or treatment of a mental, emotional, or behavioral disorder or trauma directly related to a compensable crime by a licensed health provider. (3) “Direct or collateral review” as used in ORS 147.035(7) means proceedings in the Oregon Court of Appeals or the Oregon Supreme Court to review a judgment of conviction, appeals by the State under ORS 138.045, judicial review of a petition for post-conviction relief filed by a petitioner under ORS 138.540, or federal habeas corpus proceedings under 28 U.S.C. 2254. (4) “Disability” means the temporary or permanent inability to perform one’s essential job duties. The disability must be established by medical evidence supported by the objective findings of a medical practitioner or licensed mental health therapist. (5) "Family" as used in ORS 147.035(4)(a) means any of the following, determined at the time of the compensable crime: (a) Any person related to the victim by blood, marriage or adoption; (b) The partner, domestic partner, or fiancé of the victim, or of a parent of the victim; or (c) Any person who had the same primary residence as the victim at the time of the compensable crime. (6) “Involved in the hearing,” “involved in the oral argument,” and “involved in the proceeding” as used in ORS 147.005(12), 147.025 and 147.035 mean that the victim, survivor, dependent or personal representative attended the hearing or oral argument or participated in the hearing by providing testimony or a written statement. (7) “Health provider” means a person who is licensed to practice healthcare in the state in which they practice and perform services and such care is within the scope of their license and who is authorized to prescribe or administer controlled substances. (8) “Personal representative” as used in ORS 147.025(3)(a) means a person selected by the victim, survivor or dependent to attend a hearing, an oral argument, or proceeding on behalf of the victim, survivor, or dependent. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.005, 147.015(1), 147.025(3)(a) & 147.125(1)(c) History: DOJ 14-2024, amend filed 08/16/2024, effective 08/16/2024 DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 6-2021, amend filed 03/09/2021, effective 03/15/2021 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 14-2004, f. & cert. ef. 11-22-04 DOJ 4-2001, f. & cert. ef. 6-1-01 JD 18-1992, f. 10-30-92, cert. ef. 11-2-92 JD 2-1992, f. & cert. ef. 3-2-92 Reverted to JD 4-1983, f. & ef. 9-1-83 JD 1-1987(Temp), f. & ef. 1-8-87 JD 4-1983, f. & ef. 9-1-83
137-076-0015 Authority of Administrator and Program Director Any orders issued by the Administrator, Assistant Administrator or Program Director in carrying out the Department of Justice's authority to administer ORS Chapter 147 and the rules adopted pursuant thereto are considered orders of the Department of Justice and Attorney General of the State of Oregon. Statutory/Other Authority: ORS 147.205(3) Statutes/Other Implemented: ORS 147.205 - 147.227 History: DOJ 4-2001, f. & cert. ef. 6-1-01 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83
137-076-0016 Eligibility Criteria (1) Unless otherwise required by statute, for the purposes of determining an applicant’s eligibility for crime victim compensation under ORS 147.005 through 147.367 and computing the type and amount of any compensation awarded to the applicant, the Department must use the award limits in effect on the date the application was filed per ORS 147.035. (2) A compensable crime must have been committed by a person of full legal capacity for the victim or applicant to be eligible for an award of compensation. If the Department approves an award of compensation, and a court of competent jurisdiction subsequently finds that the suspect is not criminally responsible or is incapacitated, the Department will not change or rescind the award. (3) When an order is used to satisfy the reporting requirement per ORS 147.015(2) and the order was dismissed after a contested hearing, a counseling only benefit may be provided. (4) Notification of the perpetration of the crime as required by ORS 147.015 must have been done prior to the application being received by the Department in order for a person to be eligible for an award of compensation. Any documentation used to satisfy the notification requirement must be directly related to the compensable crime. (5) Pursuant to ORS 147.105(6), if an applicant is incarcerated at the time they apply for compensation, the application will be processed in the normal course of business. Payments can be made to health and other qualified providers, but any reimbursement to the applicant will not be made until they are released from custody. Payments will not be made for any healthcare received by the applicant while the applicant is incarcerated. The claim expiration will be extended for 3 years from the date the applicant is released from custody. (6) If the applicant files an application for a compensable crime and does not meet the eligibility requirements set forth in ORS 147.015, the Department may grant a limited counseling award of up to $5,000.00. Statutory/Other Authority: ORS 147.205(3) Statutes/Other Implemented: ORS 147.205(3) History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 DOJ 14-2004, f. & cert. ef. 11-22-04
137-076-0030 Good Cause for Extending Application Deadline (1) An application for compensation shall be considered filed when received by the Department. (2) “Good cause” for failure to file an application for compensation within one year of the date of the crime as required by ORS 147.015(1)(e) includes but is not limited to the victim’s lack of knowledge of the Crime Victims’ Compensation Program, failure of a law enforcement official to provide information to the victim as required by ORS 147.365(1), or emotional or physical trauma sustained by the victim that was a barrier to timely filing the application for compensation. (3) If good cause is established, any award granted will be at the sole discretion of the Department. Statutory/Other Authority: ORS 147.205(1) Statutes/Other Implemented: ORS 147.015 History: DOJ 7-2024, amend filed 04/29/2024, effective 04/29/2024 DOJ 6-2021, amend filed 03/09/2021, effective 03/15/2021 DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17 JD 2-1997, f. & cert. ef. 7-9-97 JD 2-1992, f. & cert. ef. 3-2-92 JD 4-1983, f. & ef. 9-1-83