Courts and Judicial Officers Generally
Advisory committees on court security and emergency preparedness
(1)As used in this section, “court facility” means a state court or justice court other than the Supreme Court, Court of Appeals, Oregon Tax Court or office of the State Court Administrator.
(2)The presiding judge for a judicial district may appoint an Advisory Committee on Court Security and Emergency Preparedness for the judicial district. A committee appointed under this section shall consist of:
(a)The sheriff of each county in which a court facility is located;
(b)The district attorney of each county in which a court facility is located;
(c)A member of the local governing body of each county in which a court facility is located, or the member’s representative;
(d)The president of the county bar association, if any, for each county in which a court facility is located, or the president’s representative;
(e)A justice of the peace from each county in the district in which a justice court is located; and
(f)The following persons as designated by the presiding judge:
(A)The trial court administrator for each county in which a court facility is located; and
(B)A judge from each county in which a court facility is located.
(3)A committee appointed under this section shall meet at the call of the presiding judge that appointed the committee.
(4)A committee appointed under this section shall submit to the presiding judge of the judicial district a plan for court security improvement, emergency preparedness and business continuity for each building containing a court facility in the county. The plan shall include capital outlay needs and may include recommendations concerning:
(a)Security procedures for the transportation and supervision of prisoners for court appearances including, as otherwise allowed by law, the use of video transmission equipment for the appearance of defendants who are in custody;
(b)Procedures for the secure handling, transportation and disposal of hazardous substances and contraband in court proceedings;
(c)Emergency alarm systems accessible to all court employees;
(d)Physical security for judges, justices of the peace, staff and the public;
(e)Procedures for emergency evacuation of buildings containing court facilities;
(f)Procedures for identifying court security personnel, including a court security officer to be appointed by the presiding judge, who shall be responsible for:
(A)The management of the plan;
(B)A regular security inspection of each building containing a court facility; and
(C)Regular security training of sheriff department, judicial department and district attorney personnel; and
(g)Priorities for available court facilities within the building based on the level of security needed.
(5)The plan may also include:
(a)An evaluation of how each of the items listed in subsection (4) of this section is being addressed and should be addressed;
(b)How practices, facilities and equipment falling below appropriate levels are to be improved;
(c)The anticipated cost of improving practices, facilities and equipment that fall below appropriate levels;
(d)The funding source for each improvement; and
(e)The time schedule for implementation of improvements.
(6)Adoption of a plan under this section is subject to the approval of the presiding judge that appointed the committee. The plan may conclude that court facility security is adequate.
(7)Implementation of the elements of a plan that have a significant fiscal impact are subject to availability of funding.
(8)As soon as a plan, revision or amendment is adopted, the presiding judge shall provide the Chief Justice of the Supreme Court with a copy of the plan adopted under this section and any revisions or amendments to the plan. Each plan shall be reviewed and revised or amended as needed, not later than June 30 of each odd-numbered year.
(9)Except as provided in this subsection, plans prepared under this section are confidential and need not be disclosed under the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). The presiding judge of a judicial district, with the concurrence of all sheriffs for the counties of the district, may authorize the disclosure of all or part of a plan prepared under this section if the judge determines that the interest of the public would be served by the disclosure and that the disclosure will not impair the integrity of the plan. Records of expenditures for a court security plan and records of equipment purchased under the plan are not confidential under the provisions of this subsection, and are subject to disclosure as public records under the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). [1993 c.637 §15; 1995 c.658 §124; 1997 c.513 §§1,2; 1997 c.801 §113; 2005 c.804 §1]
Law Review Citations
53 OLR 436 (1974)