Establishment of halfway houses and other facilities; advice of facility advisory subcommittee of local public safety coordinating council
(1)(a) Before the Department of Corrections, Department of Human Services, Oregon Health Authority, Oregon Youth Authority or any city, county or other public agency establishes a facility described in paragraph (b) of this subsection, the city, county, department, authority or agency shall fully inform the local public safety coordinating council convened under ORS 423.560 (Local public safety coordinating council) of the following:
(A)The proposed location, estimated population size and use of the facility;
(B)The proposed number and qualifications of resident professional staff at the facility;
(C)The proposed rules of conduct for residents of the facility; and
(D)Other relevant information that the city, county, department, authority or agency responsible for establishing the facility considers appropriate or that the council requests. Nothing in this subparagraph authorizes the disclosure of information that is protected under state or federal law.
(b)The facilities to which paragraph (a) of this subsection applies are:
(A)Halfway houses, work release centers or any other domiciliary facilities for persons released from any penal or correctional facility but still in the custody of the city, county or public agency;
(B)Youth care centers or other facilities authorized to accept youth offenders under ORS 419C.478 (Commitment to Oregon Youth Authority or Department of Human Services); and
(C)Residential treatment homes and residential treatment facilities, as those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), for persons who, as a condition of release under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board), are required to live in a secure home or facility.
(2)The facility advisory subcommittee of the local public safety coordinating council shall advise the city, county, department, authority or agency responsible for establishing the facility as to the suitability of the proposed facility and may suggest changes in the proposal submitted under subsection (1) of this section. The advice shall:
(a)Be in writing;
(b)Represent the view of the majority of the subcommittee; and
(c)Be provided to the city, county, department, authority or agency no more than 60 days after receiving the information described in subsection (1) of this section.
(3)If the city, county, department, authority or agency responsible for establishing the facility rejects any of the advice of the facility advisory subcommittee, it must submit its reasons in writing to the subcommittee.
(4)This section does not apply if a board of county commissioners has failed to convene a local public safety coordinating council.
(5)As used in this section:
(a)“Establishes” includes entering into a contract to provide for the operation of a facility described in subsection (1)(b) of this section.
(b)“Secure home or facility” has the meaning given that term in rules adopted by the Oregon Health Authority. [1975 c.367 §1; 1977 c.381 §1; 1987 c.320 §105; 1999 c.763 §1; 2009 c.595 §117; 2009 c.828 §38]
Law Review Citations
53 OLR 32 (1973)