Application for financial aid; review of application; rules for program evaluation; use of funds; community corrections manager; modification of plan
(1)A county, group of counties or intergovernmental corrections entity shall apply to the Director of the Department of Corrections in a manner and form prescribed by the director for funding made available under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council). The application shall include a community corrections plan. The Department of Corrections shall provide consultation and technical assistance to counties to aid in the development and implementation of community corrections plans.
(2)(a) From July 1, 1995, until June 30, 1999, a county, group of counties or intergovernmental corrections entity may make application requesting funding for the construction, acquisition, expansion or remodeling of correctional facilities to serve the county, group of counties or intergovernmental corrections entity. The department shall review the application for funding of correctional facilities in accordance with criteria that consider design, cost, capacity, need, operating efficiency and viability based on the county’s, group of counties’ or intergovernmental corrections entity’s ability to provide for ongoing operations.
(b)(A) If the application is approved, the department shall present the application with a request to finance the facility with financing agreements to the State Treasurer and the Director of the Oregon Department of Administrative Services. Except as otherwise provided in subparagraph (B) of this paragraph, upon approval of the request by the State Treasurer and the Director of the Oregon Department of Administrative Services, the facility may be financed with financing agreements, and certificates of participation issued pursuant thereto, as provided in ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status). All decisions approving or denying applications and requests for financing under this section are final. No such decision is subject to judicial review of any kind.
(B)If requests to finance county correctional facility projects are submitted after February 22, 1996, and the requests have not been approved by the department on the date a session of the Legislative Assembly convenes, the requests are also subject to the approval of the Legislative Assembly.
(c)After approval but prior to the solicitation of bids or proposals for the construction of a project, the county, group of counties or intergovernmental corrections entity and the department shall enter into a written agreement that determines the procedures, and the parties responsible, for the awarding of contracts and the administration of the construction project for the approved correctional facility. If the parties are unable to agree on the terms of the written agreement, the Governor shall decide the terms of the agreement. The Governor’s decision is final.
(d)After approval of a construction project, the administration of the project shall be conducted as provided in the agreement required by paragraph (c) of this subsection. The agreement must require at a minimum that the county, group of counties or intergovernmental corrections entity shall submit to the department any change order or alteration of the design of the project that, singly or in the aggregate, reduces the capacity of the correctional facility or materially changes the services or functions of the project. The change order or alteration is not effective until approved by the department. In reviewing the change order or alteration, the department shall consider whether the implementation of the change order or alteration will have any material adverse impact on the parties to any financing agreements or the holders of any certificates of participation issued to fund county correctional facilities under this section. In making its decision, the department may rely on the opinions of the Department of Justice, bond counsel or professional financial advisers.
(3)Notwithstanding ORS 283.085 (Definitions for ORS 283.085 to 283.092), for purposes of this section, “financing agreement” means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement to finance a correctional facility described in this section, or to refinance a previously executed financing agreement for the financing of a correctional facility. The state is not required to own or operate a correctional facility in order to finance it under ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and this section. The state, an intergovernmental corrections entity, county or group of counties may enter into any agreements, including, but not limited to, leases and subleases, that are reasonably necessary or generally accepted by the financial community for purposes of acquiring or securing financing as authorized by this section. In financing county correctional facilities under this section, “property rights” as used in ORS 283.085 (Definitions for ORS 283.085 to 283.092) includes leasehold mortgages of the state’s rights under leases of correctional facilities from counties.
(4)Notwithstanding any other provision of state law, county charter or ordinance, a county may convey or lease to the State of Oregon, acting by and through the Department of Corrections, title to interests in, or a lease of, any real property, facilities or personal property owned by the county for the purpose of financing the construction, acquisition, expansion or remodeling of a correctional facility. Upon the payment of all principal and interest on, or upon any other satisfaction of, the financing agreement used to finance the construction, acquisition, expansion or remodeling of a correctional facility, the state shall reconvey its interest in, or terminate and surrender its leasehold of, the property or facilities, including the financed construction, acquisition, expansion or remodeling, to the county. In addition to any authority granted by ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements), for the purposes of obtaining financing, the state may enter into agreements under which the state may grant to trustees or lenders leases, subleases and other security interests in county property conveyed or leased to the state under this subsection and in the property or facilities financed by financing agreements.
(5)In connection with the financing of correctional facilities, the Director of the Oregon Department of Administrative Services may bill the Department of Corrections, and the Department of Corrections shall pay the amounts billed, in the same manner as provided in ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements). As required by ORS 283.091 (Governor’s budget to include amount needed to pay amounts due on unpaid financing agreements), the Department of Corrections and the Oregon Department of Administrative Services shall include in the Governor’s budget all amounts that will be due in each fiscal period under financing agreements for correctional facilities. Amounts payable by the state under a financing agreement for the construction, acquisition, expansion or remodeling of a correctional facility are limited to available funds as defined in ORS 283.085 (Definitions for ORS 283.085 to 283.092), and no lender, trustee, certificate holder or county has any claim or recourse against any funds of the state other than available funds.
(6)The director shall adopt rules that may be necessary for the administration, evaluation and implementation of ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council). The standards shall be sufficiently flexible to foster the development of new and improved supervision or rehabilitative practices and maximize local control.
(7)When a county assumes responsibility under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) for correctional services previously provided by the department, the county and the department shall enter into an intergovernmental agreement that includes a local community corrections plan consisting of program descriptions, budget allocation, performance objectives and methods of evaluating each correctional service to be provided by the county. The performance objectives must include in dominant part reducing future criminal conduct. The methods of evaluating services must include, to the extent of available information systems resources, the collection and analysis of data sufficient to determine the apparent effect of the services on future criminal conduct.
(8)All community corrections plans shall comply with rules adopted pursuant to ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council), and shall include but need not be limited to an outline of the basic structure and the supervision, services and local sanctions to be applied to offenders convicted of felonies and designated drug-related misdemeanors who are:
(c)On post-prison supervision;
(d)Sentenced, on or after January 1, 1997, to 12 months or less incarceration;
(e)Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision; and
(f)On conditional release under ORS 420A.206 (Conditional release).
(9)All community corrections plans shall designate a community corrections manager of the county or counties and shall provide that the administration of community corrections under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) shall be under such manager.
(10)No amendment to or modification of a county-approved community corrections plan shall be placed in effect without prior notice to the director for purposes of statewide data collection and reporting.
(11)The obligation of the state to provide funding and the scheduling for providing funding of a project approved under this section is dependent upon the ability of the state to access public security markets to sell financing agreements.
(12)No later than January 1 of each odd-numbered year, the Department of Corrections shall:
(a)Evaluate the community corrections policy established in ORS 423.475 (Findings), 423.478 (Duties of department and counties), 423.483 (Baseline funding) and 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council); and
(b)Assess the effectiveness of local revocation options.
(13)As used in this section, “designated drug-related misdemeanor” has the meaning given that term in ORS 423.478 (Duties of department and counties). [1977 c.412 §6; 1987 c.320 §222; 1989 c.790 §65; 1995 c.79 §218; 1995 c.423 §§4,4a; 1996 c.4 §§7,8; 1997 c.433 §11; 1999 c.156 §2; 1999 c.952 §2; 2016 c.117 §67; 2017 c.706 §18]
Notes of Decisions
State is not subject to provisions of Public Employees Collective Bargaining Act where making mandatory transfer of state corrections employees to county employment. Federation of Oregon Parole and Probation Officers v. Dept. of Corrections, 322 Or 215, 905 P2d 838 (1995)
Atty. Gen. Opinions
Funding and financing of Community Corrections Act, (1981) Vol 41, p 387