ORS 421.170
Enrollment of adult in custody in work release program
(2)
Intentionally left blank —Ed.(a)
The task force consists of 11 members appointed as follows:(A)
The Governor shall appoint five members with the following qualifications:(i)
At least one member must be a substance use disorder or mental health care clinician.(ii)
At least one member must be a primary care clinician who serves Medicaid patients.(iii)
At least two members must have been adults in custody, or family members of adults in custody, who received medical care while in the custody of the Department of Corrections.(B)
The President of the Senate shall appoint two members from among members of the Senate.(C)
The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.(D)
The Director of the Department of Corrections shall appoint two members representing the medical staff of the department.(b)
The Corrections Ombudsman as described in ORS 423.400 (Office established) shall serve as an ex officio nonvoting member of the task force and is not considered a member for the purposes of this subsection.(3)
The task force shall:(a)
Conduct a review of the process by which adults in Department of Corrections custody file grievances concerning access to and the provision of medical care to determine the level of accountability and transparency the process provides to adults in custody and the interests of the state and whether the process conforms with the right of adults in custody to community-level medical care.(b)
Conduct a review of the current medical care standards of care in the department to determine whether the standards align with the right of adults in custody to community-level medical care. The report resulting from the review must include a recommended prioritized list of medical care, including mental and oral health and similar to the Medicaid prioritization list, that meets community standards. The report must further include the recommendation of meaningful access timelines for each type of care that must be equitably available to all adults in custody in all department facilities.(c)
Review timelines and goals for the adoption of an electronic health records system by the department. The task force shall review the current adoption timeline and process to ensure appropriate goals, timelines and outcomes are being achieved, with the priority being expedited adoption of the platform most able to improve continuity of care with community practitioners, the seamless sharing of records and the ability for outcomes and services to be reported to the public.(4)
A majority of the voting members of the task force constitutes a quorum for the transaction of business.(5)
Official action by the task force requires the approval of a majority of the voting members of the task force.(6)
The task force shall elect one of its members to serve as chairperson.(7)
If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.(8)
The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.(9)
The task force may adopt rules necessary for the operation of the task force.(10)
Intentionally left blank —Ed.(a)
The task force shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to health and the judiciary no later than September 15, 2022.(b)
No later than September 15, 2022, the task force shall provide the recommendations described in subsection (3)(b) of this section to the Department of Corrections, and the department shall publish the recommendations on the website of the department.(11)
The Legislative Policy and Research Director shall provide staff support to the task force.(12)
Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.(13)
Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.(14)
All agencies of state government, as defined in ORS 174.111 (“State government” defined), are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2021 c.543 §1](a)
Progress on the adoption of an electronic health records system;(b)
The number of grievances filed by adults in custody concerning the provision of medical care;(c)
The medical services available to adults in custody within department facilities; and(d)
If applicable, the progress and impact of a department program that assigns health care navigators to adults in custody.(2)
No later than December 31, 2022, the Department of Corrections, in consultation with the Oregon Health Authority, shall report to the interim committees of the Legislative Assembly related to the judiciary and health care, in the manner provided under ORS 192.245 (Form of report to legislature), health outcomes concerning all adults in the custody of the department, including health trends and any information the department determines relevant to the effectiveness of the work of the Task Force on Corrections Medical Care described in section 1 of this 2021 Act and, if applicable, any department program in which health care navigators are assigned to adults in custody. [2021 c.543 §2](2)
A defendant is eligible for the Family Sentencing Alternative Pilot Program if:(a)
The defendant’s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Corrections of at least one year;(b)
The defendant is not currently being sentenced for:(A)
A person felony as defined in the rules of the Oregon Criminal Justice Commission;(B)
A sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235); or(C)
An offense requiring a specified sentence under ORS 137.635 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants); and(c)
The defendant is pregnant at the time of sentencing, or is the parent or legal guardian of a minor child and at the time of the offense or sentencing had physical custody of the child.(3)
Intentionally left blank —Ed.(a)
If the defendant meets the eligibility requirements described in subsection (2) of this section and is eligible for a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, the court may order that the defendant sign a release authorizing the Department of Human Services to provide the community corrections agency with written confirmation of, and consultation concerning, any open or current juvenile dependency proceeding or any prior substantiated allegation of abuse or neglect involving the defendant and a minor child.(b)
The court may consider eligibility in the Family Sentencing Alternative Pilot Program as a mitigating factor when determining whether to sentence the defendant to probation, with a requirement that the defendant participate in the program as a condition of probation, as a downward dispositional departure under the rules of the commission.(4)
After receipt of the information described in subsection (3) of this section, the community corrections agency, in consultation with the Department of Human Services, shall determine if the Family Sentencing Alternative Pilot Program is an appropriate program for the defendant and, if the program is appropriate and the defendant is sentenced to a term of probation, require participation in the program for the first 12 months of the probationary sentence. In addition to the conditions of probation ordered under ORS 137.540 (Conditions of probation), the defendant may be required to comply with any additional conditions related to the program, including but not limited to:(a)
Geographical restrictions, including house arrest and electronic surveillance;(b)
Participation in vocational training; and(c)
Completion of:(A)
Parenting skills classes;(B)
Drug or alcohol treatment;(C)
Mental health treatment; or(D)
Life skills classes.(5)
The Department of Human Services and community corrections agencies shall cooperate with the Department of Corrections in implementing the Family Sentencing Alternative Pilot Program described in this section.(6)
The Department of Human Services and the Department of Corrections shall jointly submit a report concerning the Family Sentencing Alternative Pilot Program, which must include program outcomes and data related to the efficacy of the program, and which may include recommendations for legislation in the manner provided by ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to the judiciary no later than January 1 of each year.(7)
The Department of Corrections shall establish a process for selecting counties to participate in the Family Sentencing Alternative Pilot Program.(8)
The Department of Corrections and the Department of Human Services may adopt rules to carry out the provisions of this section. [2015 c.830 §1; 2017 c.673 §2]
Source:
Section 421.170 — Enrollment of adult in custody in work release program, https://www.oregonlegislature.gov/bills_laws/ors/ors421.html.
Up to date