Bill Text: OR HB2707 | 2013 | Regular Session | Introduced
Bill Title: Relating to the definition of "parole and probation officer"; declaring an emergency.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2707 Detail]
Download: Oregon-2013-HB2707-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2904
House Bill 2707
Sponsored by Representatives OLSON, BARKER, KRIEGER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Includes in definition of 'parole and probation officer '
full-time employee of State Board of Parole and Post-Prison
Supervision who has been certified and employed full-time as
parole and probation officer by Department of Corrections, county
or court.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the definition of 'parole and probation officer';
amending ORS 181.610; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.610, as amended by section 22, chapter 54,
Oregon Laws 2012, section 13, chapter 67, Oregon Laws 2012, and
section 4, chapter 88, Oregon Laws 2012, is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
(5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
(a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
(b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
(12) 'Law enforcement unit' means:
(a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government as defined in
section 1, chapter 644, Oregon Laws 2011, that employs authorized
tribal police officers as defined in section 1, chapter 644,
Oregon Laws 2011, the Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission, the Security and Emergency Preparedness
Office of the Judicial Department or common carrier railroad the
primary duty of which, as prescribed by law, ordinance or
directive, 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 other than a place used
exclusively for incarceration or detention of juveniles; 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;
(b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
(c) A district attorney's office;
(d) The Oregon Liquor Control Commission with regard to liquor
enforcement inspectors; or
(e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
(13) 'Liquor enforcement inspector' has the meaning given that
term in ORS 471.001.
(14) 'Parole and probation officer' means { + an officer
who + }:
(a) { + (A) + } { - An officer who - } Is employed full-time
by the Department of Corrections, a county or a court { + ;
(B) Is certified and has been employed as a full-time parole
and probation officer for more than one year and is employed
part-time by the Department of Corrections, a county or a court;
or
(C) Has been certified and employed full-time as a parole and
probation officer by the Department of Corrections, a county or a
court and is a full-time employee of the State Board of Parole
and Post-Prison Supervision; + } and { +
(b) + } { - who - } Is charged with and performs the duty
of:
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation { - ; or - } { + . + }
{ - (b) An officer who: - }
{ - (A) Is certified and has been employed as a full-time
parole and probation officer for more than one year; - }
{ - (B) Is employed part-time by the Department of
Corrections, a county or a court; and - }
{ - (C) Is charged with and performs the duty of: - }
{ - (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or - }
{ - (ii) Investigating adult offenders on parole or probation
or being considered for parole or probation. - }
(15) 'Police officer' means:
(a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
(A) Commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, tribal government as
defined in section 1, chapter 644, Oregon Laws 2011, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission, a university that has established a police
department under ORS 352.383, the Governor or the Department of
State Police; and
(B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
(b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state, an authorized tribal police officer as defined
in section 1, chapter 644, Oregon Laws 2011, or a humane special
agent commissioned under section 1, chapter 67, Oregon Laws 2012;
or
(c) An individual member of the judicial security personnel
identified pursuant to ORS 1.177 who is trained pursuant to
section 3, chapter 88, Oregon Laws 2012.
(16) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(17) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
(18) 'Reserve officer' means an officer or member of a law
enforcement unit who is:
(a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police;
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
(19) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
(20) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
SECTION 2. ORS 181.610, as amended by section 50, chapter 644,
Oregon Laws 2011, section 23, chapter 54, Oregon Laws 2012,
section 14, chapter 67, Oregon Laws 2012, and section 5, chapter
88, Oregon Laws 2012, is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
(5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
(a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
(b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
(12) 'Law enforcement unit' means:
(a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government, the Criminal
Justice Division of the Department of Justice, the Department of
Corrections, the Oregon State Lottery Commission, the Security
and Emergency Preparedness Office of the Judicial Department or
common carrier railroad the primary duty of which, as prescribed
by law, ordinance or directive, 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 other than a place used
exclusively for incarceration or detention of juveniles; 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;
(b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
(c) A district attorney's office;
(d) The Oregon Liquor Control Commission with regard to liquor
enforcement inspectors; or
(e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
(13) 'Liquor enforcement inspector' has the meaning given that
term in ORS 471.001.
(14) 'Parole and probation officer' means { + an officer
who + }:
(a) { + (A) + } { - An officer who - } Is employed full-time
by the Department of Corrections, a county or a court { + ;
(B) Is certified and has been employed as a full-time parole
and probation officer for more than one year and is employed
part-time by the Department of Corrections, a county or a court;
or
(C) Has been certified and employed full-time as a parole and
probation officer by the Department of Corrections, a county or a
court and is a full-time employee of the State Board of Parole
and Post-Prison Supervision; + } and { +
(b) + } { - who - } Is charged with and performs the duty
of:
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation { - ; or - } { + . + }
{ - (b) An officer who: - }
{ - (A) Is certified and has been employed as a full-time
parole and probation officer for more than one year; - }
{ - (B) Is employed part-time by the Department of
Corrections, a county or a court; and - }
{ - (C) Is charged with and performs the duty of: - }
{ - (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or - }
{ - (ii) Investigating adult offenders on parole or probation
or being considered for parole or probation. - }
(15) 'Police officer' means:
(a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
(A) Commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, tribal government,
the Criminal Justice Division of the Department of Justice, the
Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police; and
(B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
(b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state or a humane special agent commissioned under
section 1, chapter 67, Oregon Laws 2012; or
(c) An individual member of the judicial security personnel
identified pursuant to ORS 1.177 who is trained pursuant to
section 3, chapter 88, Oregon Laws 2012.
(16) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(17) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
(18) 'Reserve officer' means an officer or member of a law
enforcement unit who is:
(a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police;
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
(19) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
(20) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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