reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0025 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
The application for Program approval shall be made upon
				documents or a web-based grant application system supplied by
				CVSD.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0030 - Program Content: Core Services

Current through Register Vol. 63, No. 7, July 1, 2024
The Program shall provide core services to victims of all types
				of crime, with particular emphasis on serious crimes against persons. The core
				services shall be coordinated with available community and government based
				programs that serve crime victims within the jurisdiction of the City of County
				Program, in order to maximize benefits to crime victims. The core service
				categories are as follows:
(1) Service
			 Category: Victims' Rights Notification: "Inform victims, as soon as
			 practicable, of the rights granted to victims under Oregon law;"
(a) Service Definition: Establish a written
			 procedure for notification to crime victims of their rights in
			 Oregon.
(b) Specific Service:
			 Provide notice to victims of crime about their rights as a crime victim as soon
			 as practicable including providing information about specific rights which must
			 be requested to become rights, and provide access to information about how to
			 remedy situations where crime victim notification rights are not
			 honored.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0035 - Maintenance and Retention of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Program shall maintain accurate,
			 complete, orderly, and separate records. All records and documents must be
			 adequately stored and protected from fire, electronic disclosure, and other
			 damage. All record books, documents, and records related to the program must be
			 accessible to the Administrator or his or her designee for inspection and
			 audit. The accounting system shall insure that CFA funds are not commingled
			 with funds from any other source. Funds specifically budgeted for/or received
			 in connection with one grant may not be used to fund another grant. Revenues
			 and expenditures for each grant shall be separately identified and tracked
			 within the grantee's accounting system or records. In the event a grantee's
			 accounting system cannot comply with this requirement, the grantee shall
			 establish a system to provide adequate fund accountability for each grant
			 awarded. Any carryover of CFA funds shall not revert to or be transferred to
			 the city or county's general fund or other fund. A "carryover" is defined as
			 any unexpended monies remaining in a Program, at the end of the term of the
			 grant for the Program.
(2) All
			 records must be secured and confidential and retained in accordance with the
			 Oregon Department of Justice record retention scheduled as required in OAR
			 166-300-0015, 0025.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0040 - Fiscal and Contracting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to Program application documents, subsidiary record
				documentations, and source documents, e.g., invoices, time and payroll records,
				and cost computations are the instruments upon which expenditure of grant
				Funding and Program compliance will be determined. All ledger account entries
				must be supported by secondary or intermediate records in the original source
				documentation. Programs shall follow Generally Accepted Accounting Principles
				(GAAP) standards. Programs that do not follow GAAP standards and practices may
				be subject to an additional program reviews which may result in non-renewal of
				program approval.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0041 - Allowable and Unallowable Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All reasonable activities and expenses
			 that support or enhance the direct provision of the Program content areas 1-11
			 outlined in 137-078-0030  are allowable as outlined below:
(a) Salary and personnel expenses (benefits)
			 for staff providing direct service to victims of crime;
(b) Contractual Services or Professional
			 Services;
(c) Training and travel
			 for victim assistance staff;
(d)
			 Office equipment and supplies to support the Program;
(e) Indirect costs based on or a
			 federally-approved Negotiated Indirect Cost Rate or administrative costs not to
			 exceed 10% of the modified total direct costs of the CFA Grant Award to be used
			 for fund and program management;
(f) Emergency Services and assistance;
(g) Travel and lodging expenses
			 for a victim to attend legal proceedings directly related to their
			 victimization;
(h) Operating Costs
			 such as, but not limited to, supplies, printing, copying and postage;
(i) Other activities and expenses
			 necessary to provide victim services as outlined in these Rules and as
			 expressly approved by the CFA Fund Coordinators or Administrator;
(j) Rent;
(k) Furniture and Equipment purchases that
			 provides or enhances services to crime victims;
(l) Outreach activities and coordination of
			 community collaborations.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0045 - Annual Report

Current through Register Vol. 63, No. 7, July 1, 2024
The Program shall submit reports as required by CVSD for each
				year of Funding provided by the Grant. Reports shall be submitted within 30
				days of receiving instructions from the Administrator. Failure to submit
				reports by the due date established in the instructions may result in a
				suspension of funds disbursed to the Program until the reports are submitted
				and approved. A certification form shall also provide for verification of
				carryover funds.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0050 - Disapproval of Program for Funding - Discontinuance of Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrator may suspend or terminate any Program for Funding that does not
			 comply with the Act or these Rules. The Administrator may also suspend or
			 terminate Funding because of the Program's failure to comply with the approved
			 Program or Grant conditions. Prior to any disapproval or suspension or
			 termination of Funding, the Administrator or his or her designee will contact
			 the district or city attorney to assist in development of an approvable program
			 or in correcting any deviation from applicable standards and requirements. In
			 the case of termination of funding, 30-days advance notice will be provided by
			 the Administrator to the district or city attorney.
(2) A district or city attorney may request
			 reconsideration of any decision resulting in the suspension or termination of
			 Program Funding. The process is as follows:
(a) The district or city attorney shall first
			 request reconsideration in writing to the Administrator, detailing the reasons
			 for disagreement with CVSD's decision. The Administrator will reconsider any
			 decision for which request for reconsideration is received, and will notify the
			 district or city attorney within a reasonable period of time in writing of the
			 reconsideration decision;
(b) Any
			 district or city attorney who requests review by the Administrator and who
			 disagrees with the reconsideration decision may appeal to the Deputy Attorney
			 General. Requests for the Deputy Attorney General's review shall be in writing.
			 The Deputy Attorney General's decision will be in writing and will be
			 final.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0051 - Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Advisory
			 Committee, which at the sole discretion of the Administrator may be
			 incorporated within a larger CVSD advisory body, is established to provide
			 consultation on the distribution of CFA monies and Grants, and the provisions
			 of these rules.
(2) The Advisory
			 Committee shall consist of at least the following members:
(a) A representative of the Department of
			 Justice;
(b) A representative of
			 the Oregon District Attorneys Association; and
(c) A representative of a prosecuting
			 attorney's victim assistance program.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0110 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set out guidelines for the operation of the Address
				Confidentiality Program (ACP) set forth in ORS
				192.820 through
				192.868.
				This includes the designation of Application Assistants; the application
				process to participate in the ACP; the certification of a program participant;
				ongoing participation and termination of participation in the ACP; the
				responsibility of public agencies to use the substitute address provided by the
				ACP; conditions under which a participant's actual address may be disclosed or
				participation in the ACP may be verified; service of process on a participant;
				and other aspects of program operation.
Statutory/Other Authority: ORS
				  192.860, 2005 OL, Ch. 821
				  & SB 850
Statutes/Other Implemented: ORS
				  192.820-192.868,
				  2005 OL, Ch. 821 & SB 850
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0120 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Application
			 Assistant Agreement" is the agreement signed by the Department and an
			 Application Assistant, which specifies the responsibilities of the Application
			 Assistant and the Department.
(2)
			 "Administrative Coordinator" is the person designated by the Department to
			 provide programmatic coordination to the Program.
(3) "Applicant" is an individual who
			 completes and submits an application to participate in the ACP.
(4) "Application Assistant" is an individual
			 designated by the Department to assist applicants with the completion and
			 submission of an application to the ACP, as further defined in ORS
			 192.820(3).
(5) "Co-applicant" is the spouse or domestic
			 partner who resides in the household with the participant and submits an
			 application to participate in the ACP.
(6) "Department" is the Oregon Department of
			 Justice.
(7) "Mailing Address" is
			 an address to which a program participant requests mail to be sent by the ACP.
			 A mailing address may be a post office box if the participant's actual address
			 is a street address in Oregon.
(8)
			 "Program" is the ACP established in ORS
			 192.820-192.868.
(9) "Program Participant" is an individual
			 who has submitted an application that has been approved by the Department.
Statutory/Other Authority: ORS
				  192.860, 2005 OL, Ch. 821
				  & SB 850
Statutes/Other Implemented: ORS
				  192.820-192.868,
				  2005 OL, Ch. 821 & SB 850
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0130 - Application Assistant Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application Assistants shall be
			 designated by the Department upon satisfaction of the requirements included in
			 this section and in compliance with ORS
			 192.826 and
			 192.854.
(2) Requirements for designation of an
			 Application Assistant shall include:
(a)
			 Current service in a public or private entity as described in ORS
			 192.854(1);
(b) At least forty (40) hours of
			 comprehensive training that covers domestic violence, sexual assault, human
			 trafficking, and stalking in-person advocacy, or is a certified advocate under
			 ORS 40. 264.Topic areas covered by such training shall include comprehensive
			 safety planning and confidentiality;
(c) Completion of training provided by the
			 Department on the Program and the role of the Application Assistant;
(d) Signing an Application Assistant
			 Agreement with the Department, which will include the victim services agency
			 where the Application Assistant is serving; and
(e) Such other requirements as the Department
			 may require in order to carry out the activities enumerated in ORS
			 192.820 through ORS
			 192.865.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0140 - Application Process for the Address Confidentiality Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Program
			 shall create an ACP Application form that includes the requirements set forth
			 in ORS
			 192.826,
			 as well as the address to which the application must be sent. The Program shall
			 make copies of the application available to all currently designated
			 Application Assistants, along with instructions as to how the application must
			 be submitted in compliance with ORS
			 192.826.
(2) In addition to including the requirements
			 set forth in ORS
			 192.826,
			 the ACP Application and accompanying written materials provided to the
			 applicant as part of the application process shall:
(a) Specify the term of certification to the
			 Program as described in OAR 137-079-0150(3);
(b) Specify any other rights and obligations
			 of a Program participant pursuant to ORS
			 192.820-192.868;
			 and
(c) Inform the applicant that
			 participation in the Program will cause a delay in the receipt of mail sent to
			 the Program substitute address and forwarded to the Program participant by the
			 Program.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0150 - Certification Process for Program Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an application received by the
			 Program is determined to be complete, the information it contains is in
			 compliance with Program requirements, and the application is approved by the
			 Attorney General or designee, the Program shall promptly certify the applicant
			 to the Program.
(2) Upon
			 certification as a Program participant, the Program shall assign the Program
			 participant a substitute address as set forth in ORS
			 192.822(2)
			 and shall:
(a) Notify the Program participant
			 of that address, as well as the requirements for its use;
(b) Provide the Program participant with the
			 authorization card described in ORS
			 192.826(5);
			 and
(c) Notify the Program
			 participant of any additional information that will assist the Program
			 participant to fully participate in the Program including but not limited to
			 information about process of service, public bodies, and renewal obligations as
			 described in ORS
			 192.828 through
			 192.836.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0160 - Ongoing Program Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Program Participant must notify the
			 Program of a legal name change within thirty (30) days of signing of an order
			 authorizing a legal name change by a judge pursuant to ORS
			 192.832(1),
			 and request continued participation in the Program. The Administrative
			 Coordinator shall send the Program participant the required name change form or
			 an application to re-apply. If the participant chooses to re-apply and obtain a
			 new substitute address, mail in the previous name and assigned number will be
			 forwarded for thirty (30) days and the previous substitute address will be
			 cancelled, and mail will be returned to sender. The Administrative Coordinator
			 may exercise discretion and extend the thirty (30) day period up to six (6)
			 months if the Administrative Coordinator determines that such extension serves
			 the purpose of the Program. The Program participant will be required to provide
			 the Program with court documentation of the new legal name. The new application
			 shall be received and processed according to the provisions of 137-079-0140.
			 Failure to report the name change to the program may be a reason to cancel the
			 Participant's certification.
(2)
			 When a Program participant notifies the Program of a legal name change pursuant
			 to ORS
			 192.832(1)
			 and does not request to continue participation in the Program, the
			 Administrative Coordinator shall send the Program participant notice of
			 cancellation as described in section 137-079-0150(10) and (11)  of these
			 rules.
(3) When a Program
			 participant notifies the Program of a change of address or telephone number in
			 writing pursuant to ORS
			 192.832(2),
			 the Administrative Coordinator shall request from the Program participant such
			 information as is necessary to determine whether the Program participant is
			 still eligible to be certified for participation in the Program.
(a) If the Administrative Coordinator
			 determines that the Program participant remains eligible for participation, the
			 Administrative Coordinator will enter the new information in Program records so
			 that mail sent to the Program and required to be forwarded to the Program
			 participant is forwarded to the correct Program participant address;
			 or
(b) If the Administrative
			 Coordinator determines that the Program participant is no longer eligible for
			 participation, the Administrative Coordinator shall send the Program
			 participant notice of cancellation as described in section 137-079-0150(8)-(13)
 
			 of these rules.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0170 - Responsibility of Public Bodies to Use Substitute Address

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon certification of a Program
			 participant as described in 137-079-0150(1) and (2), the Program shall notify
			 the Program participant in writing of the requirements for public bodies to use
			 the substitute address and the Program participant's responsibility with regard
			 to requesting that public bodies use the address.
(2) In addition to the information described
			 in subsection one (1) of this section, the Program shall:
(a) Provide the Program participant with
			 available information regarding the use of the substitute address with various
			 public bodies and that participation in the Program may impact the benefits or
			 services provided by public bodies; and
(b) Notify the Program participant that a
			 public body may request a waiver to not use the substitute address.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0180 - Public Body Exemption Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for a waiver from the
			 requirements of the Program made by a public body may be for an individual
			 Program participant, for a class of Program participants or for all Program
			 participants. The request must be in writing and must contain:
(a) The information specified in ORS
			 192.836(3)(a)
			 and (b), including a description of the
			 specific record or records for which the exemption is requested and identifying
			 the individual(s) who will have access to the record; and
(b) A description of the alternatives to the
			 waiver the public body has considered and why those alternatives are not
			 feasible.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0190 - Verification/Proof of Program Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for verification of a Program
			 participant's participation in the Program made by a representative of a public
			 body for an official purpose may be made to the Program in writing. The person
			 requesting verification, the public body they represent, and the purpose for
			 which verification is requested must be provided and will be recorded by the
			 Program.
(2) If the Administrative
			 Coordinator determines that the request for verification is being made by a
			 public body for an official reason, the Administrative Coordinator may verify
			 the Program participant's participation. A signed release from the Program
			 participant for whom the verification is requested shall be required by the
			 Department in support of the request.
(3) The verification of participation in the
			 Address Confidentiality Program may be made in writing at the discretion of the
			 Administrative Coordinator.
(4) A
			 request for verification may include more than one Program participant, if the
			 request satisfies the requirements of ORS
			 192.848(4)
			 and this section for each Program participant for whom the request is
			 made.
(5) A non-governmental entity
			 or individual may submit a request for verification of a Program participant's
			 participation in the Program. The request:
(a) Must be in writing;
(b) Must include the reason for which the
			 verification is requested; and
(c)
			 Must be supported by a signed release from the Program participant for whom the
			 verification is requested. When such a request and supporting documentation are
			 received, the Administrative Coordinator may, at their discretion, verify the
			 Program participant's participation to the requestor.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0200 - Disclosure of Information Prohibited - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department receives a court
			 order signed by a judge pursuant to a finding of good cause: good cause exists
			 when disclosure is sought for a lawful purpose that outweighs the risk of the
			 disclosure and, in the case of a request for disclosure received from a
			 federal, state or local law enforcement agency, district attorney or other
			 public body, when information is provided to the court that describes the
			 official purpose for which the actual address or telephone number of the
			 program participant will be used, they may disclose a Program participant's
			 actual address or telephone number. The disclosure shall include in writing the
			 statutory mandate specified in ORS192.848(2)
			 against re-disclosure of the address or telephone number, except pursuant to a
			 court order. The disclosure may also include any other terms or requirements
			 that will best protect the safety of the Program participant.
(2) The Department shall keep a record of
			 requests for disclosure of a Program participant's actual address or telephone
			 number and of the response to each request.
(3) The Program will accept and retain
			 information from Program participants and from others regarding public bodies
			 that disclose a Program participant's actual address or telephone number in
			 violation of ORS
			 192.844,
			 ORS
			 192.848 and these rules.
Statutory/Other Authority: ORS
				  192.860
Statutes/Other Implemented: ORS
				  192.860 -
				  192.868
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 79 - ADDRESS CONFIDENTIALITY PROGRAM › Section 137-079-0210 - Service of Process; Certified and Registered Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service of process by mail on a Program
			 participant shall be forwarded in accordance with general Program procedures
			 according to the manner in which it was received.
(2) When personal service on a Program
			 participant is required, it may be delivered to the Department of Justice at
			 1162 Court Street NE, Salem, Oregon. The recipient of such service shall
			 immediately notify, by telephone, the Administrative Coordinator of such
			 service.
(3) The Program shall
			 forward personally served documents to the Program participant at the
			 participant's actual or mailing address within three (3) business days of the
			 documents being served on the Program. When documents that have been personally
			 served are received by the Department, the Program Coordinator shall contact
			 the Program participant by telephone or email on the day that the service is
			 made and will forward the documents to the Program participant within three (3)
			 days. The Program shall include a copy of the notice described in section
			 137-079-0150(2)(c)  of these rules.
(4) The Administrative Coordinator shall
			 establish a procedure in order to assure records are kept with regard to
			 certified and registered mail received for Program participants.
Statutory/Other Authority: ORS
				  192.860, 2005 OL, Ch. 821
				  & SB 850
Statutes/Other Implemented: ORS
				  192.820-192.868,
				  2005 OL, Ch. 821 & SB 850
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 80 - CRIME VICTIMS' COMPENSATION › Section 137-080-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Administrator" means the director of the
			 Crime Victims' Services Division of the Oregon Department of Justice.
(2) "Contract" means an agreement
			 entered into by any person or legal entity to pay or deliver the proceeds of a
			 compensable crime to any individual charged with or convicted of committing a
			 compensable crime in the State of Oregon or found guilty except for insanity
			 with regard to such a crime, or to a representative or assignee of that
			 individual.
(3) "Compensable Crime"
			 has the meaning under ORS
			 147.005.
(4) "Department" means the Crime Victims'
			 Services Division of the Oregon Department of Justice.
(5) "Dependent" has the meaning under ORS
			 147.005.
(6) "Escrow Account" means an account
			 established by the Department with the State Treasurer dedicated for the
			 purpose of ORS 147.275.
(7) "Judgment" means a money judgment
			 received in a civil action for damages suffered as a result of a compensable
			 crime.
(8) "Victim" has the meaning
			 under ORS 147.005.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.275
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 80 - CRIME VICTIMS' COMPENSATION › Section 137-080-0015 - Notice of Establishment of an Escrow Account

Current through Register Vol. 63, No. 7, July 1, 2024
In the case where a victim of a compensable crime is deceased,
				the notice to be published by the Department for five years from the
				establishment of an escrow account under ORS
				147.275, shall advise the
				dependents of such victims of the availability of proceeds held in escrow to
				satisfy judgments for damages suffered as a result of the crime.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.275
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 80 - CRIME VICTIMS' COMPENSATION › Section 137-080-0025 - Notice of Action for Damages by Beneficiary of an Escrow Account

Current through Register Vol. 63, No. 7, July 1, 2024
If any person or the representative of any person who has
				received a crime victim compensation award from the Department under ORS
				Chapter 147 or any victim or dependent of a deceased victim or their
				representative who may because of a resulting judgment become the beneficiary
				of an escrow account established under ORS
				147.275 brings an action for
				damages against the person or persons criminally liable for injury or death
				giving rise to an award or to the establishment of an escrow account, he or she
				shall give written notice to the Department of the commencement of such action
				at the time such action is commenced. Such notice shall be served personally or
				by certified mail, return receipt requested, upon the administrator. Such
				persons shall keep the administrator timely apprised in writing of any
				subsequent settlements, judgments, or other disposition of such
				action.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.275
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 80 - CRIME VICTIMS' COMPENSATION › Section 137-080-0030 - Contracts with Convicted Persons to Tell Story of Crime

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contracts described in ORS
			 147.275(1)
			 include any such contract under which payment is due, on or after September 20,
			 1985, to an individual charged with or convicted of committing a compensable
			 crime (as defined in ORS
			 147.005) in this state, or who
			 is found guilty, except for insanity, of such a crime, or who is the
			 representative or assignee of any such individual. A copy of such contracts
			 shall promptly be submitted to the Department by any person or entity
			 contracting with an individual, representative or assignee described
			 above.
(2) Monies payable to the
			 Department pursuant to ORS
			 147.275, for deposit into escrow
			 include any monies which would otherwise, under the terms of a contract
			 described in section (1) of this rule, be paid to the accused or convicted
			 individual, the individual found guilty except for insanity, or the
			 representative or assignee of such individuals, on or after September 20,
			 1985.
(3) Earnings, payments to and
			 profits of an author and publisher under such a contract are not subject to
			 payment to the Department for deposit into escrow unless the author or
			 publisher is also the accused or convicted individual, the individual found
			 guilty but for insanity, or that individual's representative or
			 assignee.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.275
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 81 - HOPE CARD PROGRAM › Section 137-081-0010 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules are adopted for the administration of the Hope Card Program under ORS
			 180.270.
(2) The Hope Card Program is an opt-in
			 program through which petitioners or protected parties of eligible civil
			 protection orders may request and obtain a durable wallet-sized card that
			 provides quick access to relevant information about an eligible civil
			 protection order.
(3) Application
			 for or presentation of a Hope Card is not required for enforcement of a valid
			 protection order.
(4) Possession or
			 presentation of a Hope Card is not a substitute for any statutory requirements
			 for enforcement of a valid protection order.
(5) Application for or presentation of a Hope
			 Card does not eliminate the need for law enforcement to comply with any
			 statutory requirements for verification of the existence and terms of the
			 eligible civil protection order.
Statutory/Other Authority: ORS
				  180.270, HB 2746 (2021)
Statutes/Other Implemented: ORS
				  180.270, HB 2746
				  (2021)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 81 - HOPE CARD PROGRAM › Section 137-081-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Hope Card"
			 means a durable, wallet-sized card that contains essential information about an
			 eligible civil protection order.
(2) "Applicant" means a petitioner or
			 protected party who has applied for a Hope Card, or a person or entity who has,
			 with the permission of the petitioner or protected party, submitted a Hope Card
			 application on behalf of a petitioner or protected party.
(3)
(a)
			 "Eligible civil protection order" means an injunction or order that meets all
			 of the following requirements:
(A) The
			 injunction or order was granted by a court following the petitioner's request
			 for such injunction or order; and
(B) The injunction or order is not a criminal
			 no-contact order; and
(C) The
			 injunction or order is issued for the purpose of preventing:
(i) Violent or threatening acts or harassment
			 against another person;
(ii) Sexual
			 violence;
(iii) Contact or
			 communication with another person; or
(iv) Physical proximity to another person;
			 and
(D) The respondent
			 has been personally served with the injunction or order, or has received actual
			 notice of the injunction or order in accordance with applicable law;
			 and
(E) Either a hearing has been
			 held on the issuance of the injunction or order, orthe opportunity for an
			 initial contested hearing on the issuance of an injunction or order has
			 passed.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 81 - HOPE CARD PROGRAM › Section 137-081-0030 - Eligibility and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant may request one or more copies of a Hope Card by submitting a
			 completed application to the Oregon Department of Justice, Crime Victim and
			 Survivor Services Division (CVSSD) on a form prescribed by CVSSD in any of the
			 following ways:
(a) Through the CVSSD Online
			 Portal;
(b) Via e-mail, by sending
			 the completed form to HopeCard@doj.state.or.us;
(c) Via mail, by printing the blank form from
			 the CVSSD website, filling it out, and then mailing to Oregon Department of
			 Justice, Crime Victim and Survivor Services Division, Hope Card Program, 1162
			 Court Street NE, Salem, OR, 97301-4096.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 81 - HOPE CARD PROGRAM › Section 137-081-0040 - Contents of a Hope Card

Current through Register Vol. 63, No. 7, July 1, 2024
A Hope Card will contain the following information based on the
				contents of the verified eligible civil protection order:
(1) The name of the petitioner and any
			 additional protected parties of the eligible civil protection order;
(2) The name and if available, personal
			 identifiers of the respondent of the eligible civil protection order;
(3) Name of the issuing court or jurisdiction
			 and court case number of the eligible civil protection order;
(4) Issuance date of the eligible civil
			 protection order;
(5) Expiration
			 date, if any, of the eligible civil protection order;
(6) Information about mandatory arrest and
			 full faith and credit enforcement of protection orders; and
(7) Any other information CVSSD deems
			 necessary or desirable to further the purposes of the Hope Card
			 program.
Statutory/Other Authority: ORS
				  180.270, HB 2746 (2021)
Statutes/Other Implemented: ORS
				  180.270, HB 2746
				  (2021)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules outline the implementation of the Child Abuse
				Multidisciplinary Intervention (CAMI) Account, as well as sets forth
				eligibility criteria for county multidisciplinary child abuse teams, and public
				and private agencies applying for funding under ORS
				418.746 et seq., to qualify for
				CAMI Account funds.
Stat. Auth.: Or Laws 1993, Ch 676; Or Laws 2001, Ch
				  624
Stats. Implemented: ORS
				  418.746 - ORS
				  418.794
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0230 - Notice and Time Limits on Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will send application
			 materials to a designated representative of the county's MDT on a biennial
			 basis. Applicants with a history of compliance with all eligibility and
			 reporting requirements for a period of at least 4 years, may, at the discretion
			 of the CAMI Account Administrator be provided an abbreviated bi-annual
			 application that will certify continued compliance with eligibility along with
			 any updated information that is necessary or requested by the CAMI Account
			 Administrator.
(2) Eligibility will
			 be determined biennially based upon review by the Advisory Council on Child
			 Abuse Assessment and the CAMI Account Administrator. A request for application
			 and continued eligibility will be determined by the CAMI Account Administrator
			 through review of the annual report.
(3) If the Advisory Council on Child Abuse
			 Assessment or CAMI Account Administrator finds deficiencies in the application,
			 the applicant will be informed through the Crime Victims' Services Division
			 (CVSD) E-Grant system to make specified modifications. The applicant must
			 submit the requested modifications to its application to correct these
			 deficiencies before a CAMI Grant Agreement will be issued. The CAMI Account
			 Administrator will issue a CAMI Grant Agreement upon approval of the modified
			 application or issue a denial with any additional terms deemed necessary for
			 the modified application to receive approval.
(4) If a requested revised Plan is not
			 submitted within the designated timeframe assigned by DOJ, the applicant will
			 be declared ineligible. The funds designated for that county will be
			 reallocated to other eligible applicants as per OAR 137-082-0280.
Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
Stats. Implemented: ORS
				  418.746 -
				  418.794
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0240 - Transfer of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 approval of the application, and following the grant award, the Department will
			 enter into a Grant Agreement with the county or the public and private
			 agencies, recommended pursuant to ORS
			 418.746(5) and
			 (6) and approved by the Department, or any of
			 the foregoing. The Department will disburse funds in accordance with the Grant
			 Agreement. The Department will not purchase services directly from a local
			 service provider.
(2) A percentage
			 of the Criminal Fines and Assessment Public Safety Fund CAMI Account
			 appropriation will be reserved for each county based upon a biennial
			 calculation that takes into account numbers relating to population under age 18
			 and crime rates for the county. Any unclaimed funds will be reallocated in
			 accordance with OAR 137-082-0280.
(3) General Fund allocation - Will be
			 allocated through the same process under OAR 137-082-0240(2).
Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
Stats. Implemented: ORS
				  418.746 -
				  418.794
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0250 - Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The County's
			 Semi-annual Statistical and Quarterly Fiscal Reports. The chair of each
			 county's MDT is responsible for the Team's submission of an annual progress
			 report. The county must provide to its' MDT any information requested by the
			 Team if such information is necessary to be in compliance with the CAMI Account
			 reporting requirements set forth in ORS
			 418.746(7) and
			 OAR 137-082-200 et seq. The reports shall be in the form specified by the
			 Department. The reports must document how the grant funds were utilized and the
			 extent to which the programs were able to meet anticipated outcomes in terms of
			 benefits to children and families. This information will be used to determine
			 eligibility for future funding. To adequately prepare these reports, the county
			 should include, as part of each biennial application, desired program outcomes,
			 a description of the measurable objectives to be achieved in each service
			 category and the data that will be used to measure the progress of the program
			 towards the desired outcomes.
(2)
			 The biannual reports shall address the following areas:
(a) Statements of Purpose, Objectives, Goals
			 of Project or Activity;
(b)
			 Problems or barriers that arose during the reporting year and how these were
			 addressed;
(c) Results,
			 Accomplishments, and Evaluations: This must include the data used to measure
			 success towards outcomes and objectives as stated in the application;
(d) Conclusions and any recommendations;
			 and
(e) Any additional information
			 requested by the Department.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0260 - Method of Review/Role of Advisory Council

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff from the CVSD will review each
			 county's application and each recommended public or private agency's
			 application. A committee comprised of members of the Advisory Council on Child
			 Abuse Assessment, and other members as may be appointed by the Department, will
			 review and submit to the Department a recommendation regarding approval of each
			 county's Plan the county's application for funding and each county's
			 recommended public or private agency application for funding if any. The
			 committee will determine if the application:
(a) Meets the established eligibility
			 requirements;
(b) Responds to the
			 county's needs as identified in their Plan for comprehensive services to the
			 victims of child abuse;
(c)
			 Substantially furthers the goals and purposes of ORS
			 418.747, (418.780,)
			 418.790, and
			 418.792; and
(d) Documents proper allocation of previous
			 funds and the extent to which anticipated outcomes were achieved for children
			 and families.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0270 - Grievance Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants have a right to a review of decisions regarding their conditional
			 eligibility or denial of eligibility for CAMI funds.
(2) Each Applicant will be informed of the
			 procedure for review, ("grievance procedure") at the time a decision is made
			 regarding an Applicant's eligibility for CAMI funds.
(3) No Applicant will be subject to reprisal
			 for seeking a review of a decision regarding conditional eligibility or denial
			 of eligibility for CAMI funds.
(4)
			 To invoke this grievance procedure, an Applicant must make a written request to
			 the CAMI Account Administrator within 30 days after receiving notification of
			 the conditional eligibility or denial.
(5) When the Department is notified that an
			 Applicant has timely filed a grievance regarding conditional eligibility or
			 denial of eligibility for CAMI funds, a meeting will be scheduled with the CAMI
			 Account Administrator. This meeting will involve the applicant and other
			 members of the county's MDT as the Applicant deems necessary to present its
			 case. The CAMI Account Administrator and members of the Advisory Council may be
			 present at this meeting. Every effort will be made to have this meeting occur
			 within 2 weeks of receipt of the grievance.
(6) If the matter is not resolved through the
			 grievance procedure, the applicant may request a review of the issue by the
			 Director of the CVSD. The Applicant must make a written request to the Director
			 of the CVSD within 30 days following notification of the results of meeting
			 with the CAMI Account Coordinator.
(7) The Director of the CVSD shall respond in
			 writing to the Applicant's request for review within 30 days. If this response
			 does not resolve the matter the Applicant may request an administrative review
			 by the State Attorney General. Request for such a review shall be made in
			 writing to the State Attorney General and shall include a statement of the
			 problem and the desired resolution. Written notice of intent to pursue
			 administrative review by the Attorney General shall be provided to the Director
			 of the CVSD before or concurrently with the written request that is submitted
			 to the Attorney General. To be eligible for review by the Attorney General,
			 this request must be made within 30 days of receipt of written notification of
			 the decision of the Director of the CVSD. The decision of the State Attorney
			 General is final.
Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
Stats. Implemented: ORS
				  418.746 -
				  418.794
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 82 - CHILD ABUSE MULTIDISCIPLINARY INTERVENTION ACCOUNT › Section 137-082-0280 - Reallocation of Funds Not Applied for or Used

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CAMI funds that were not allocated due to
			 an Applicant's failure to request its CAMI funds, or an Applicant's failure to
			 submit a complete application, or a satisfactory Plan or failure to enter into
			 a Grant Agreement, may be distributed to other eligible counties as a
			 supplemental award. These funds will be offered to eligible counties on a
			 percentage basis according to the allocation formula set forth in OAR
			 137-082-0240(2). As provided therein and OAR 137-082-0280, CAMI funds may be
			 distributed in a manner that is similar to the disbursement formula used to
			 distribute the Criminal Fines and Assessment Public Safety Fund with regard to
			 prosecutor based victim assistant programs.
(2) If an application is submitted but
			 approval is denied, the funds will be held in the CAMI Account for that county
			 for 12 months from the date of denial, during which time the Applicant may
			 reapply. If the Applicant has not obtained at least conditional eligibility
			 within the 12 month period, the funds will be distributed to other eligible
			 counties. If the grievance procedure is underway during the 12 month period,
			 the Applicant's funds will be held in reserve until the final decision of the
			 Attorney General or 12 months from the date of the notification of the denial
			 of funding, whichever is longer. Any Applicant holding funds which are the
			 subject of an eligibility determination grievance procedure, or notice
			 regarding appropriate use of funds, may not encumber, alienate or expend those
			 funds unless and until the grievance procedure is concluded in favor of the
			 Applicant. Applicants holding funds which are ultimately determined to be
			 ineligible for use under Applicant's Plan must return any and all grant funds
			 to the Department within the timeframe established by the Department.
(3) It is the intention of the Department to
			 have minimal or no unobligated CAMI funds at the end of each biennium. Funds
			 held in the CAMI Account in accordance with the above rules will be considered
			 obligated funds until all grievances and eligibility issues have been
			 resolved.
Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
Stats. Implemented: ORS
				  418.746 -
				  418.794
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 83 - REGIONAL AND COMMUNITY CHILD ABUSE ASSESSMENT CENTERS › Section 137-083-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish criteria for awarding grants to establish
				and maintain Regional Assessment Centers or Community Assessment Centers
				pursuant to ORS 418.786. These rules also define
				the services offered by Regional Assessment Centers and Community Assessment
				Centers, standards relating to complex cases, and grievance procedures
				regarding the criteria for awarding grants.
Stat. Auth.: ORS
				  418.782 -
				  418.793
Stats. Implemented: ORS
				  418.780 -
				  418.796