Bill Text: OR HB3183 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the legal and physical custody of juvenile offenders; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-06-11 - Chapter 355, (2013 Laws): Effective date June 11, 2013. [HB3183 Detail]
Download: Oregon-2013-HB3183-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3183
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to the legal and physical custody of juvenile offenders;
creating new provisions; amending ORS 137.124; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.124 is amended to read:
137.124. (1) If the court imposes a sentence upon conviction of
a felony that includes a term of incarceration that exceeds 12
months:
(a) The court shall not designate the correctional facility in
which the defendant is to be confined but shall commit the
defendant to the legal and physical custody of the Department of
Corrections; and
(b) If the judgment provides that the term of incarceration be
served consecutively to a term of incarceration of 12 months or
less that was imposed in a previous proceeding by a court of this
state upon conviction of a felony, the defendant shall serve any
remaining part of the previously imposed term of incarceration in
the legal and physical custody of the Department of Corrections.
(2)(a) If the court imposes a sentence upon conviction of a
felony that includes a term of incarceration that is 12 months or
less, the court shall commit the defendant to the legal and
physical custody of the supervisory authority of the county in
which the crime of conviction occurred.
(b) Notwithstanding paragraph (a) of this subsection, when the
court imposes a sentence upon conviction of a felony that
includes a term of incarceration that is 12 months or less, the
court shall commit the defendant to the legal and physical
custody of the Department of Corrections if the court orders that
the term of incarceration be served consecutively to a term of
incarceration that exceeds 12 months that was imposed in a
previous proceeding or in the same proceeding by a court of this
state upon conviction of a felony.
(3) After assuming custody of the convicted person the
Department of Corrections may transfer inmates from one
correctional facility to another such facility for the purposes
of diagnosis and study, rehabilitation and treatment, as best
seems to fit the needs of the inmate and for the protection and
welfare of the community and the inmate.
(4) If the court imposes a sentence of imprisonment upon
conviction of a misdemeanor, it shall commit the defendant to the
custody of the supervisory authority of the county in which the
crime of conviction occurred.
Enrolled House Bill 3183 (HB 3183-B) Page 1
(5)(a) When a person under 18 years of age at the time of
committing the offense and under 20 years of age at the time of
sentencing is committed to the Department of Corrections under
ORS 137.707, the Department of Corrections shall transfer the
physical custody of the person to the Oregon Youth Authority as
provided in ORS 420.011 if:
(A) The person will complete the sentence imposed before the
person attains 25 years of age; or
(B) The Department of Corrections and the Oregon Youth
Authority determine that, because of the person's age,
immaturity, mental or emotional condition or risk of physical
harm to the person, the person should not be incarcerated
initially in a Department of Corrections institution.
(b) A person placed in the custody of the Oregon Youth
Authority under this subsection shall be returned to the physical
custody of the Department of Corrections whenever the Director of
the Oregon Youth Authority, after consultation with the
Department of Corrections, determines that the conditions or
circumstances that warranted the transfer of custody under this
subsection are no longer present.
{ + (c) Notwithstanding ORS 137.320, the sheriff may by
agreement with the Department of Corrections transfer the person
described in this subsection directly to a youth correction
facility for physical custody without first delivering the person
to the Department of Corrections. + }
(6)(a) When a person under 18 years of age at the time of
committing the offense and under 20 years of age at the time of
sentencing is committed to the legal and physical custody of the
Department of Corrections or the supervisory authority of a
county following waiver under ORS 419C.349, 419C.352, 419C.364 or
419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or
137.712, the Department of Corrections or the supervisory
authority of a county shall transfer the person to the physical
custody of the Oregon Youth Authority for placement as provided
in ORS 420.011 (3). The terms and conditions of the person's
incarceration and custody are governed by ORS 420A.200 to
420A.206. { + Notwithstanding ORS 137.320, the sheriff may by
agreement with the Department of Corrections or the supervisory
authority of a county transfer the person described in this
subsection directly to a youth correction facility for physical
custody without first delivering the person to the Department of
Corrections. + }
(b) { + Notwithstanding ORS 137.320, + } when a person under
16 years of age is waived under ORS 419C.349, 419C.352, 419C.364
or 419C.370 and subsequently is sentenced to a term of
imprisonment in the county jail, the sheriff shall transfer the
person to a youth correction facility for physical custody as
provided in ORS 420.011 (3).
(7) If the Director of the Oregon Youth Authority concurs in
the decision, the Department of Corrections or the supervisory
authority of a county shall transfer the physical custody of a
person committed to the Department of Corrections or the
supervisory authority of the county under subsection (1) or (2)
of this section to the Oregon Youth Authority as provided in ORS
420.011 (2) if:
(a) The person was at least 18 years of age but under 20 years
of age at the time of committing the felony for which the person
is being sentenced to a term of incarceration;
Enrolled House Bill 3183 (HB 3183-B) Page 2
(b) The person is under 20 years of age at the time of
commitment to the Department of Corrections or the supervisory
authority of the county;
(c) The person has not been committed previously to the legal
and physical custody of the Department of Corrections or the
supervisory authority of a county;
(d) The person has not been convicted and sentenced to a term
of incarceration for the commission of a felony in any other
state;
(e) The person will complete the term of incarceration imposed
before the person attains 25 years of age;
(f) The person is likely in the foreseeable future to benefit
from the rehabilitative and treatment programs administered by
the Oregon Youth Authority;
(g) The person does not pose a substantial danger to Oregon
Youth Authority staff or persons in the custody of the Oregon
Youth Authority; and
(h) At the time of the proposed transfer, no more than 50
persons are in the physical custody of the Oregon Youth Authority
under this subsection.
(8) Notwithstanding the provisions of subsections (5)(a)(A) or
(7) of this section, the department or the supervisory authority
of a county may not transfer the physical custody of the person
under subsection (5)(a)(A) or (7) of this section if the Director
of the Oregon Youth Authority, after consultation with the
Department of Corrections or the supervisory authority of a
county, determines that, because of the person's age, mental or
emotional condition or risk of physical harm to other persons,
the person should not be incarcerated in a youth correction
facility.
SECTION 2. { + The amendments to ORS 137.124 by section 1 of
this 2013 Act apply to persons sentenced for a crime in a
proceeding occurring on or after the effective date of this 2013
Act. + }
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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Passed by House May 1, 2013
Repassed by House June 3, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 29, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3183 (HB 3183-B) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3183 (HB 3183-B) Page 4
