Oregon Bulletin
January 1, 2011
Rule Caption: Presentence Reports.
Adm. Order No.: CJC 4-2010
Filed with Sec. of State: 12-13-2010
Certified to be Effective: 1-1-12
Notice Publication Date: 5-1-2010
Rules Amended: 213-013-0010
Subject: The rule change is needed to implement Or Laws 2005
Ch 473 (SB 914 (2005)). That legislation directs the Oregon Department of
Corrections to require that a presentence report provide an analysis of the
disposition most likely to reduce the defendant’s criminal conduct, explain why
the disposition would have such an effect, and provide an assessment of the
availability to the defendant of relevant programs and treatment. The Criminal
Justice Commission is amending its rule pertaining to presentence reports to be
consistent with changes adopted by the Department of Corrections to implement
SB 914.
The
rule change is made effective 1/1/12, because the rule has been submitted to
the legislature for approval per ORS 137.667. The legislative session will
begin in 2011, and the legislature’s approval of Commission rules would be
effective on 1/1/12 (the effective date of the approving legislation). The
rule’s effective date is being made to correspond with the prospective
legislative approval date.
Rules Coordinator: Craig Prins—(503) 378-4830
213-013-0010
Minimum
Contents of Presentence Reports
Except as
provided by section (9), each presentence report prepared for an offender to be
sentenced for one or more felonies committed on or after November 1, 1989,
shall at a minimum include the following information:
(1) A
summary of the factual circumstances of the crime or crimes of conviction and
an appropriate classification of each crime of conviction on the Crime
Seriousness Scale (Division 17). If the crime of conviction is subclassified in
Division 18 or 19, the presentence report shall state the factual circumstances
that justify the proposed subclassification.
(2) A
listing of all prior adult felony and Class A misdemeanor convictions and all
prior juvenile adjudications and an assessment of the appropriate
classification of the criminal history on the Criminal History Scale pursuant
to OAR 213-004-0006 to 213-004-0013.
(3) An
analysis of the disposition that is most likely to reduce the defendant’s
criminal conduct and why such disposition would have the desired effect.
(4) An
assessment of the availability to the defendant of any relevant programs or
treatment, both in and out of custody, whether provided by the Department or
another entity.
(5) A
proposed grid block classification for each crime of conviction and the
presumptive sentence for each crime of conviction.
(a) If the
proposed grid block classification is a grid block above the dispositional
line, the presentence report shall state the presumptive prison term range and
the presumptive duration of post-prison supervision;
(b) If the
proposed grid block classification is Grid Block 8-G, 8-H or 8-I, the
presentence report shall state whether the offender is eligible for an optional
probationary sentence. If the offender is eligible, the presentence report may
include a recommendation that an optional probationary sentence be imposed with
a further recommendation for the appropriate conditions of probation designed
to reduce future criminal conduct.
(c) If the
proposed grid block classification is a grid block below the dispositional
line, the presentence report shall provide the following information:
(A) The
presumptive term of probation;
(B) The
maximum number of sanction units that may be imposed and the number of sanction
units that may be used to impose jail time as part of the probationary
sentence;
(C) A
recommendation for the appropriate conditions of probation including both
custody and non-custody conditions; and
(D) Any
other information relevant to the imposition of a presumptive sentence as
provided by these rules.
(6) A
victim statement as required by ORS 137.530(2).
(7) A
recommendation as to whether a departure from the guidelines is appropriate. If
a recommendation is made, the presentence report shall indicate the aggravating
or mitigating factors upon which the departure recommendation is made. Such
recommendations shall be consistent with the requirements for departures as
defined by OAR 213-008-0001 to 213-008-0007.
(8) Any
additional information as provided upon request of the sentencing judge.
(9) The
sentencing judge may waive the requirement for any information necessary to
establish the presumptive sentence if that information has been made part of an
accepted plea agreement.
Stat.
Auth.: ORS 137.656 - 137.667
Stats.
Implemented: ORS 137.656 - 137.669; SB 914 (2005)
Hist.: SSGB
2-1989, f. 10-17-89, cert. ef. 11-1-89; SSGB 2-1993, f. 10-28-93, cert. ef.
11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-013-0010;
Administrative Correction 8-26-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC
4-2010, f. 12-13-10, cert. ef. 1-1-12
Rule Caption: Amends
Oregon Sentencing Guidelines in light of HB 3508 (2009).
Adm. Order No.: CJC 5-2010
Filed with Sec. of State: 12-13-2010
Certified to be Effective: 12-26-10
Notice Publication Date: 8-1-2010
Rules Amended: 213-017-0006
Rules Repealed: 213-017-0006(T)
Subject: The Criminal Justice Commission (CJC) is required
under ORS 137.667 to review all legislation creating new crimes or modifying
existing crimes, and to adopt by rule necessary changes to the crime seriousness
scale. The Oregon Legislature passed SB 1087 on February 22, 2008. The
legislature referred SB 1087 to a vote of the people at the general election of
November 4, 2008 through Ballot Measure 57. Ballot Measure 57 was passed by a
majority of the voters at the general election. Section 10 of SB 1087 (2008
Oregon Laws chapter 14) changed the crime of Mail Theft or Receipt of Stolen
Mail under ORS 164.162 from a Class A misdemeanor to a Class C felony. The
Oregon Legislature voted to suspend implementation of portions of Measure 57 in
HB 3508 (2009). Following HB 3508 (2009), Mail Theft or Receipt of Stolen Mail
under ORS 164.162 is classified as a felony for sentences imposed prior to
February 15, 2010 and for sentences imposed for crimes committed on or after
January 1, 2012. During the intervening time period, that portion of Measure 57
that classified Mail Theft or Receipt of Stolen Mail under ORS 164.162 as a
felony is suspended and that crime becomes a Class A misdemeanor. CJC amended
the sentencing guidelines to incorporate that change. The amendment contained a
typographical error, in which the date “January 1, 2010” was referenced instead
of the date “January 1, 2012.” A temporary rule is in place correcting that
error. This rule amendment makes permanent that temporary change.
Rules Coordinator: Craig Prins—(503) 378-4830
213-017-0006
Crime
Category 6
The
following offenses are classified at crime category 6 on the Crime Seriousness
Scale:
(1) Chapter
59 – BLUE SKY LAWS & SECURITIES LAWS* – (C).
(2) MAJOR
DRUG OFFENSES (See division 19.)
(3) ORS
162.015 – BRIBERY – (B).
(4) ORS
162.025 – BRIBE RECEIVING – (B).
(5) ORS
162.065 – PERJURY – (C).
(6) ORS
162.117 – PUBLIC INVESTMENT FRAUD – (B).
(7) ORS
162.155 – ESCAPE II – (C).
(8) ORS
162.185 – SUPPLYING CONTRABAND – (C).
(The
contraband involves a dangerous weapon not a firearm CC 7; Otherwise CC 4 or
5.)
(9) ORS
162.265 – BRIBING A WITNESS – (C).
(10) ORS
162.275 – BRIBE RECEIVING BY WITNESS – (C).
(11) ORS
162.285 – TAMPERING W/ WITNESS – (C).
(12) ORS
162.325 – HINDERING PROSECUTION – (C).
(13) ORS
163.160(3) – FELONY DOMESTIC ASSAULT – (C).
(14) ORS
163.165 – ASSAULT III – (C).
(If the
offense cannot be ranked at CC 8).
(15) ORS
163.208 – ASSAULT OF A PUBLIC SAFETY OFFICER – (C).
(16) ORS
163.213 – USE OF A STUN GUN, TEAR GAS, MACE I – (C).
(17) ORS
163.257 – CUSTODIAL INTERFERENCE I – (C).
(18) ORS
163.264 – SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE I –
(B).
(If
offender physically restrained or threatened to physically restrain a person;
otherwise CC 9.)
(19) ORS
163.275 – COERCION – (C). (No threat of physical injury; otherwise
CC 7.)
(20) ORS
163.355 – RAPE III – (C).
(21) ORS
163.385 – SODOMY III – (C).
(22) ORS
163.432 – ONLINE SEXUAL CORRUPTION OF A CHILD II – (C).
(23) ORS
163.465 – FELONY PUBLIC INDECENCY – (C).
(24) ORS
163.525 – INCEST – (C).
(If one of
the participants is under the age of 18; otherwise CC 1.)
(25) ORS
163.547 – CHILD NEGLECT IN THE FIRST DEGREE – (B).
(26) ORS
163.688 – POSSESSION OF MATERIAL DEPICTING SEX. EXPLICIT CONDUCT OF A
CHILD I – (B).
(27) ORS
164.055 – THEFT I* – (C).
(28) ORS
164.057 – AGGRAVATED THEFT – (B).
(Economic
loss was greater than $50,000; otherwise CC 5.)
(29) ORS
164.065 – THEFT OF LOST/MISLAID PROPERTY * – (C).
(30) ORS
164.075 – THEFT BY EXTORTION* – (B).
(31) ORS
164.085 – THEFT BY DECEPTION* – (C).
(32) ORS
164.125 – THEFT OF SERVICES* – (C).
(33) ORS
164.135 – UNAUTHORIZED USE OF VEHICLE* – (C).
(34) ORS
164.138 – CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE*
– (C).
(35) ORS
164.140(4) – POSSESSION OF RENTED PROPERTY* – (C).
(36) ORS
164.162 – MAIL THEFT OR RECEIPT OF STOLEN MAIL – (C).
(For
sentences imposed prior to February 15, 2010, and for sentences imposed for
crimes committed on or after January 1, 2012; otherwise a Class A misdemeanor.)
(37) ORS
164.215 – BURGLARY II* – (C).
(38) ORS
164.315 – ARSON II* – (C).
(39) ORS
164.365 – CRIMINAL MISCHIEF I* – (C).
(40) ORS
164.377 – COMPUTER FRAUD (LOTTERY)* – (C).
(41) ORS
164.377(3) – COMPUTER CRIME* – (C).
(42) ORS
164.868 – UNLAWFUL LABEL SOUND RECORDING* – (C).
(43) ORS
164.869 – UNLAWFUL RECORD LIVE PERFORMANCE* – (C).
(44) ORS
164.872 – UNLAWFUL LABEL VIDEOTAPE* – (C).
(45) ORS
164.877(1) – TREE-SPIKING – (C).
(46) ORS
164.889 – INTERFERE W/ AGRICULTURAL RESEARCH* – (C).
(47) ORS
165.013 – FORGERY I* – (C).
(48) ORS
165.022 – CRIMINAL POSSESSION OF FORGED INSTRUMENT I* – (C).
(49) ORS
165.055(3)(A) – CREDIT CARD FRAUD* – (C).
(50) ORS
165.065 – NEGOTIATING BAD CHECKS* – (C).
(51) ORS
165.074 – UNLAWFUL FACTORING PAYMENT CARD* v (C).
(52) ORS
165.692 – FILING A FALSE CLAIM FOR HEALTH CARE PAYMENT – (C).
(53) ORS
165.800 – IDENTITY THEFT* – (C).
(54) ORS
166.015 – RIOT – (C).
(55) ORS
166.165 – INTIMIDATION I – (C).
(56) ORS
166.220 – UNLAWFUL USE OF WEAPON – (C).
(57) ORS
166.270 – EX-CON IN POSSESSION OF FIREARM – (C).
(58) ORS
166.272 – UNLAWFUL POSSESSION OF FIREARM – (B).
(59) ORS
166.370(1) – INTENT POSS. FIREARM OR DANG. WEAP. IN and (5)(a) –
PUBLIC BUILDING; DISCHARGE FIREARM IN SCHOOL – (C).
(60) ORS
166.382 – POSSESSION OF DESTRUCTIVE DEVICE – (C).
(61) ORS
166.384 – UNLAWFUL MANUFACTURE OF DESTRUCTIVE DEVICE – (C).
(62) ORS
166.410 – ILLEGAL MANUFACTURE, IMPORTATION OR TRANSFER OF FIREARMS
– (B).
(63) ORS
166.643 – UNLAWFUL POSSESS SOFT BODY ARMOR – (B).
(If
offender committed or was attempting to commit a person felony or misdemeanor
involving violence, otherwise CC 4.)
(64) ORS
167.057 – LURING A MINOR – (C).
(65) ORS
167.339 – ASSAULT OF A LAW ENFORCEMENT ANIMAL – (C).
(66) ORS
167.388 – INTERFERE LIVESTOCK PRODUCTION* – (C).
(67) ORS
647.145 – TRADEMARK COUNTERFEITING II* – (C).
(68) ORS
647.150 – TRADEMARK COUNTERFEITING I* – (B).
(69) ORS
811.182 – DRIVING WHILE SUSPENDED/REVOKED – (C).
(70) ORS
811.705 – HIT & RUN VEHICLE (INJURY) – (C).
(71) ORS
813.010 – FELONY DRIVING UNDER THE INFLUENCE – (C).
(72) ORS
819.300 – POSSESSION OF STOLEN VEHICLE* – (C).
(73) ORS
819.310 – TRAFFICKING IN STOLEN VEHICLES – (C).
(If part of
an organized operation or if value of property taken from one or more victims
was greater than $50,000; otherwise CC 5.)
(74) ORS
830.475 – HIT AND RUN BOAT – (C).
(75) 2009
Oregon Laws Ch 783 – AGGRAVATED HARRASSMENT – (C).
* Property
offenses marked with an asterisk shall be ranked at Crime Category 6 if the
value of the property stolen or destroyed was $50,000 or more, excluding the
theft of a motor vehicle used primarily for personal rather than commercial
transportation.
Stat.
Auth.: ORS 137.667, 2003 OL Ch. 453, & 2009 OL Ch. 660
Stats.
Implemented: ORS 137.667 - 137.669, 2001 OL Ch. 147, 635, 828 2003 2001 OL Ch.
383, 453, 543, 2005 OL Ch. 708, 2007 OL Ch. 684, 811, 869, 876, SB 1087 (2008),
Ballot Measure 57 (2008), & 2009 OL Ch. 660 & HB 3508 (2009) & 2009
OL Ch. 783
Hist.: CJC
1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02;
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2005(Temp), f. & cert. ef.
10-14-05 thru 4-12-06; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f.
12-31-07 & cert. ef. 1-1-08; CJC 2-2008(Temp), f. 12-31-08, cert. ef.
1-1-09 thru 6-29-09; CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru
6-29-10; CJC 3-2009(Temp), f. & cert. ef. 6-17-09 thru 12-13-09; CJC
4-2009(Temp), f. & cert. ef. 9-16-09 thru 3-14-10; CJC 5-2009, f. 12-11-09,
cert. ef. 12-13-09; CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10; CJC
3-2010(Temp), f. & cert. ef. 6-30-10 thru 12-26-10; CJC 5-2010, f.
12-13-10, cert. ef. 12-26-10
Rule Caption: Adopts
guidelines to implement ORS 203.095.
Adm. Order No.: CJC 6-2010
Filed with Sec. of State: 12-13-2010
Certified to be Effective: 1-1-11
Notice Publication Date: 10-1-2010
Rules Adopted: 213-070-0000, 213-070-0005, 213-070-0010, 213-070-0020, 213-070-0030,
213-070-0040, 213-070-0050
Subject: The Criminal Justice Commission (CJC) is required
under SB 77 (2009), codified at ORS 203.095, to establish by rule guidelines by
which to identify the minimally adequate level at which public safety services
must be delivered in a county. The guidelines must provide a basis for
analyzing whether a county provides a minimally adequate level of public safety
services in the areas of county jail operations; law enforcement, investigation
and patrol; community corrections; juvenile justice; emergency operations and
emergency response; search and rescue operations; criminal prosecution; and
court facility operations. These rules implement those provisions of ORS
203.095. The rules also require affected counties to send the Commission copies
of certain pertinent documents.
Rules Coordinator: Craig Prins—(503) 378-4830
213-070-0000
Purpose
The purpose
of these rules is to provide guidance about the process and procedures the
Criminal Justice Commission (“Commission”) will employ if the governing body of
any county or the Governor seeks a declaration of a Public Safety Services
Emergency by requesting that the Commission review and analyze public safety
services provided by that county.
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
213-070-0005
Policy
In
developing the guidelines set forth in these rules, the Commission considered
the population density, geographic characteristics, historical crime rates, and
other relevant factors in Oregon counties. The Commission also sought broad
input from the governing bodies of counties; sheriffs; district attorneys;
judges; other appropriate county officials; labor organizations representing
county employees; other public safety stakeholders; and members of the public.
The Commission intends for the resulting guidelines to incorporate factors integral
to a reasonable and adequate operation of each area of public safety services
under consideration, in order to facilitate the Commission’s ability to
evaluate each county’s current level of public safety services relative to its
own historic standards of public safety services levels. The Commission
recognizes that individual counties have differing priorities and methodologies
of providing public safety services, and to that end the Commission intends to
compare a county’s current provision of public safety services to that same
county’s historic level of services provision, rather than to compare a
county’s provision of public safety services to that of other counties.
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
213-070-0010
Definitions
(1) “Capacity
based release” is a procedure by which inmates awaiting trial are released
pending trial, and sentenced inmates are released into the community before
their sentence has ended, in order to ensure that jails do not exceed capacity.
The inmates with the least perceived risk are those who should be released,
until the requisite population level is reached.
(2) “Minimally
Adequate Level of Public Safety Services” is that level of public safety services
determined to be required to provide a reasonable level of public safety within
the county. The Commission will determine the level of services that are
minimally adequate in a particular county by following the process set forth in
these rules, analyzing the contextual factors present in the county as well as
the current and historical levels of public safety services provided by the
county.
(3) “Public
Safety Services Emergency” is a situation in which a county is in a state of
fiscal distress that compromises the county’s ability to provide a Minimally
Adequate Level of Public Safety Services.
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
213-070-0020
Current
Level of Public Safety Services
(1)
Following receipt of a written request from the Governor or the governing body
of a county, the Criminal Justice Commission shall send commissioners or
commission staff to the county to consult with each of the following county
representatives to gather information regarding the current level of public
safety services provided by the county:
(a) The
governing body of the county;
(b) The
Sheriff;
(c) The
District Attorney;
(d) Judges;
(e) Other
appropriate county officials;
(f) Labor
organizations representing county employees; and
(g) Other
public safety stakeholders.
(2) The
Commission shall gather and analyze information regarding the county’s current
level of public safety services in the following areas:
(a) County
jail operations;
(b) Law
enforcement, investigation and patrol;
(c)
Community corrections;
(d)
Juvenile justice;
(e)
Emergency operations and emergency response;
(f) Search
and rescue operations;
(g)
Criminal prosecution; and
(h) Court
facility operations.
(3) Upon
the Commission’s request, the county shall send to the Commission:
(a) A copy
of the county’s adopted budget for the most recent budget cycle; and
(b) A copy
of the county’s most recent annual risk management analysis, if available.
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
213-070-0030
Historical
Level of Public Safety Services
(1) The
Commission shall conduct a review of the public safety services historically
provided by the county over at least the five years immediately preceding the
date of the request, to determine the historic baseline of public safety
services provided by the county during that time. The Commission shall compare
the historic baseline level of public safety services to the current level of
public safety services provided by the county to assist in determining whether
the county is providing a Minimally Adequate Level of Public Safety Services.
(2) The
Commission shall compile and analyze the following objective data in
determining the historic baseline of public safety services provided by the
county:
(a) County
jail operations:
(A) Annual
cost of operation;
(B) Number
of operable beds (number of beds for which staffing is currently available);
(C) Number
of available beds (number of operable beds plus the number of beds mothballed
or otherwise not currently in use);
(D) Number
of capacity based releases;
(E)
Percentage of sentences fully served before release;
(F) Number
of beds available for post-prison supervision and probation violation
sanctions;
(G) Number
of jail beds per capita;
(H) Number
slots available for alternate forms of custody (e.g., ankle bracelets for house
arrest, work center beds, other quasi-custodial beds).
(b) Law
enforcement, investigation and patrol:
(A) Number
of sworn and non-sworn officers (including city, county and state);
(B) Number
of investigators (including city, county and state).
(c)
Community corrections:
(A) Number
parole/probation officers;
(B) Number
felons supervised;
(C) Crime
of supervision (each offender’s most serious crime of supervision as
categorized by the Oregon Department of Corrections);
(D)
Percentage of high-risk offenders as determined by Oregon Department of
Corrections risk analysis tool;
(E) Dollars
spent per felon supervised (expenditures out of county funds that are not a
part of state community corrections grants);
(F)
Expenditures for programs to reduce recidivism (education, treatment etc).
(d)
Juvenile justice:
(A) Number
of felony referrals to juvenile department;
(B) Number
of beds available for placement of delinquent youth;
(C) Number
of juvenile department employees supervising youth on county probation;
(D) Number
juvenile offenders released from county juvenile detention facilities due to
capacity.
(e)
Emergency operations and emergency response including search & rescue
operations:
(A) Number
of 911 dispatchers or call takers;
(B)
Response time for 911 dispatchers or call takers to answer telephone call;
(C)
Response time for emergency response personnel to arrive at scene;
(D) Current
updated disaster plan in place;
(E) Ability
to execute disaster plan (resources and equipment available to execute plan if
necessary).
(f)
Criminal prosecution:
(A) Number
of prosecutors in District Attorney’s office;
(B) Number
of support staff in District Attorney’s office;
(C) Number
of felony and misdemeanor cases charged per prosecutor;
(D) List of
crimes for which District Attorney’s office ordinarily does not file charges
absent special circumstances, due to funding or staffing issues (e.g., Criminal
Trespass II, or all property crime misdemeanors, etc.);
(E) Number
and types of cases resolved through early disposition or early resolution
programs (e.g., District Attorney diversion).
(g) Court
facility operations:
(A) Hours
of courthouse operation;
(B) Number
of security officers on duty in courthouse;
(C) Portion
of courthouse operating budget provided by county;
(D) Average
time from arraignment to final resolution of criminal cases.
(h) The
county’s annual budget for each of 213-070-0030(a)-(g) above.
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
213-070-0040
Context
Under Which Factors Are to Be Considered
(1) When
evaluating the factors set forth in these rules to determine whether the county
is providing a Minimally Adequate Level of Public Safety Services, the
Commission shall take into consideration the county’s:
(a) Population
density;
(b)
Geographic characteristics;
(c)
Historical crime rates; and
(d) Other
relevant factors.
(2) The
Commission shall evaluate the crime rate statistics in the county as most
recently available and compare and contrast them to historical crime rate
statistics in the county over at least the five years immediately preceding the
date of the request. Crime rates shall be determined by reference to the Oregon
Uniform Crime Reports. The crime rate statistics considered shall include the
violent crime index, property crime index, crime rates for Driving Under the
Influence of Intoxicants under ORS 813.010, and crime rates for Assault IV
under ORS 163.160.
(3) The
Commission may also consider the median level of public safety services
provided in any or all other counties in one or more of the areas required to
be analyzed under OAR 213-070-0020(2).
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
213-070-0050
Findings
and Recommendation
(1) After
the Commission has obtained the above information and completed its analysis,
the Commission shall make findings as to whether the county is providing a
Minimally Adequate Level of Public Safety Services. The Commission shall
accomplish this by comparing the current level of public safety services (as
determined under OAR 213-070-0020) with the historical level of public safety
services (as determined under OAR 213-070-0040), analyzed in the context set
forth in OAR 213-070-0030. In developing its findings, the Commission may
consider whether public safety services are efficiently and effectively used in
the county, the county’s provision of services in each of the designated areas
set forth in OAR 213-070-0020, and the extent to which changes in best practices
policies, procedures or organizational operations would be likely to be
conducive toward maximizing public safety in that county. The Commission may
include findings and recommendations in these areas in its report to the
Governor.
(2) Taking
those findings as a whole, the Commission shall develop a recommendation to the
Governor as to whether to declare a Public Safety Services Emergency for that
county. If the Commission finds that the county is providing a less than
Minimally Adequate Level of Public Safety Services, the Commission shall
recommend that the Governor declare a Public Safety Services Emergency.
(3) Within
14 days after the request for review is made, the Commission shall provide its
findings and recommendation to the Governor. The Commission shall send copies
of the findings and recommendation to the Legislative Assembly and to the
governing body of the county.
Stat.
Auth.: ORS 203.095
Stats.
Implemented: ORS 203.095
Hist.: CJC
6-2010, f. 12-13-10, cert. ef. 1-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |