Bill Text: OR SB760 | 2011 | Regular Session | Introduced

Oregon Senate Bill 760 (Prior Session Legislation)

Introduced

Bill Title: Relating to alternative incarceration programs; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB760 Detail]

Download: Oregon-2011-SB760-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3232

                         Senate Bill 760

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Modifies statutory provision authorizing release of inmates who
successfully complete alternative incarceration program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to alternative incarceration programs; creating new
  provisions; amending ORS 421.508; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 421.508 is amended to read:
  421.508. (1)(a) The Department of Corrections is responsible
for determining which offenders are eligible to participate in,
and which offenders are accepted for, a program. However, the
department may not release an offender under subsection (4) of
this section unless authorized to do so as provided in ORS
137.751.
  (b) The department may not accept an offender into a program
unless the offender submits a written request to participate. The
request must contain a signed statement providing that the
offender:
  (A) Is physically and mentally able to withstand the rigors of
the program; and
  (B) Has reviewed the program description provided by the
department and agrees to comply with each of the requirements of
the program.
  (c) The department may deny, for any reason, a request to
participate in a program. The department shall make the final
determination regarding an offender's physical or mental ability
to withstand the rigors of the program.
  (d) If the department determines that an offender's
participation in a program is consistent with the safety of the
community, the welfare of the applicant, the program objectives
and the rules of the department, the department may, in its
discretion, accept the offender into the program.
  (2) The department may suspend or remove an offender from a
program for administrative or disciplinary reasons.
  (3) The department may not accept an offender into a program
if:
  (a) The department has removed the offender from a program
during the term of incarceration for which the offender is
currently sentenced; or

  (b) The offender has a current detainer from any jurisdiction
that will not expire prior to the offender's release from the
custody of the department.
  (4) When an offender has successfully completed a program, the
department may release the offender on post-prison supervision
if:
  (a) The court has entered the order described in ORS 137.751;
and
  (b) The offender has served a term of incarceration of at least
one year.
  (5) { + (a) + } An offender may not be released on post-prison
supervision under subsection (4) of this section if the release
would reduce the term of incarceration the offender would
otherwise be required to serve by more than 20 percent.
   { +  (b) When an offender is sentenced to consecutive terms of
incarceration, the department may apply the reduction described
in this subsection to each term of incarceration for which the
court has entered an order described in ORS 137.751. + }
  (6) For the purposes of calculating the term of incarceration
served under subsection (4)(b) of this section, the department
shall include:
  (a) The time that an offender is confined under ORS 137.370
(2)(a); and
  (b) The time for which an offender is granted nonprison leave
under ORS 421.510.
  (7) Successful completion of a program does not relieve the
offender from fulfilling any other obligations imposed as part of
the sentence including, but not limited to, the payment of
restitution and fines.
  SECTION 2.  { + The amendments to ORS 421.508 by section 1 of
this 2011 Act apply to offenders sentenced for crimes committed
before, on or after the effective date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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