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Oregon Bulletin

January 1, 2011

 

Oregon Criminal Justice Commission
Chapter 213

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

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