ORS Chapter 420a
Chapter 420A — OregonYouth Authority; Youth Correction Facilities
2009 EDITION
OREGONYOUTH AUTHORITY; YOUTH CORRECTIONS
HUMANSERVICES; JUVENILE CODE; CORRECTIONS
GENERALPROVISIONS
420A.005 Definitions
OREGONYOUTH AUTHORITY
420A.010 Creationand duties
420A.012 Recidivism;definition; reporting system; duties of Oregon Youth Authority and juveniledepartments
420A.014 Enumerationof duties not exclusive
420A.015 Director;appointment
420A.017 Senateconfirmation of director
420A.020 Subordinateofficers and employees; appointment
420A.021 Authorityof Oregon Youth Authority to require fingerprints
420A.023 Authorityof youth correction officers to exercise power of peace officer
420A.025 Rulemakingauthority; general
420A.030 OregonYouth Authority Account
420A.032 Revolvingfund
420A.035 Authorizationto deposit money belonging to youth offenders in trust account
420A.040 Provisionof juvenile corrections programs and services to tribal youth offender;agreements; award of funds
YOUTHCORRECTION FACILITIES
420A.100 Authorityto establish and operate
420A.105 Rulemakingauthority
420A.108 Policyregarding rules and dispositions for violations of rules; review ofdispositions
420A.111 Levelsof custody; transfer between levels; significance
420A.115 Paroleof youth offenders
420A.120 Suspensionof parole or conditional release; rules
420A.122 Noticeof release or discharge of youth offender
420A.125 Youthoffenders; intake assessments; reformation plan; placement
420A.135 Secureregional youth facilities
420A.145 Regionalyouth accountability camps
420A.147 Placementin regional youth accountability camps
420A.155 Regionalresidential academies
SECONDLOOK
420A.200 Durationof custody of Oregon Youth Authority
420A.203 Eligibilityfor second look; report to sentencing court; hearing; disposition
420A.206 Conditionalrelease; release plan; conditions; effect of violation of release plan;revocation
MISCELLANEOUSPROVISIONS
420A.220 Damageto property of employee of Oregon Youth Authority; claims; payment
420A.223 JuvenileJustice Information System; establishment; rules
GENERALPROVISIONS
420A.005Definitions.As used in ORS 420A.005 to 420A.155, unless the context requires otherwise:
(1)“Cognitive restructuring” means any rehabilitation process that redirects thethinking of an offender into more socially acceptable directions and that isgenerally accepted by rehabilitation professionals.
(2)“Director” means the Director of the Oregon Youth Authority.
(3)“Reformation plan” means a written plan prepared by the Oregon Youth Authoritythat is tailored to the youth offender’s unique requirements as identified bythe initial assessment. “Reformation plan” includes, but is not limited to, aplan for medical, educational, vocational, social and psychological servicesand training as well as other rehabilitative services designed to reduce futurecriminal and antisocial conduct and to provide the youth offender with clearexpectations about what programs must be successfully completed by the youthoffender.
(4)“Youth authority” means the Oregon Youth Authority.
(5)“Youth correction facility” has the meaning given that term in ORS 420.005.
(6)“Youth offender” has the meaning given that term in ORS 419A.004. [1995 c.422 §1b;1997 c.433 §6]
OREGONYOUTH AUTHORITY
420A.010Creation and duties.(1) The Oregon Youth Authority is established. The youth authority shall:
(a)Supervise the management and administration of youth correction facilities,state parole and probation services, community out-of-home placement for youthoffenders committed to its legal custody and other functions related to stateprograms for youth corrections;
(b)Provide capital improvements and capital construction necessary for theimplementation of all youth correction facilities;
(c)Carry out dispositions of youth offenders committed to its legal custody;
(d)Exercise custody and supervision over those youth offenders committed to theyouth authority by order of the juvenile court and persons placed in thephysical custody of the youth authority under ORS 137.124 or other statuteuntil the time that a lawful release authority authorizes release or terminatesthe commitment or placement;
(e)Provide adequate food, clothing, health and medical care, sanitation andsecurity for confined youth offenders and others in youth authority custody;
(f)Provide youth offenders and others in youth authority custody withopportunities for self-improvement and work; and
(g)Conduct investigations and prepare reports for release authorities.
(2)To meet the individual circumstances of each person committed to its custody,the youth authority shall:
(a)Develop a flexible fee-for-service provider system that can respond quickly toeach person’s identified and changing circumstances; and
(b)Develop a process for joint state and county review of contracts entered intounder subsection (6)(b) of this section and paragraph (a) of this subsectionbased on:
(A)Measurable outcomes, which must include in dominant part the reduction offuture criminal or antisocial conduct and which also must include:
(i)Academic progress;
(ii)Social adjustments;
(iii)Behavioral improvements;
(iv)Rearrests; and
(v)Other measurements as determined by the youth authority;
(B)Performance measurements including:
(i)Fiscal accountability;
(ii)Compliance with state and federal regulations;
(iii)Record keeping, including data collection and management; and
(iv)Reporting; and
(C)Provision of services identified under the reformation plan.
(3)In order to measure performance as required in subsection (2) of this section,the youth authority shall require parties to the contracts to compile, manageand exchange data to the extent of available information systems resources tofacilitate the measurement of outcomes including, but not limited to, reductionin future criminal or antisocial conduct.
(4)The youth authority may administer a program of state assistance to countiesfor the construction and operation of local youth detention facilities or topurchase detention services.
(5)The youth authority shall accept and exercise legal or physical custody ofyouth offenders and others 12 years of age and over and under 25 years of agewho are committed to, or placed with, the youth authority pursuant to:
(a)A juvenile court adjudication and disposition under ORS chapter 419C; or
(b)ORS 137.124.
(6)(a)The youth authority shall cooperate with and assist county governments andjuvenile departments in carrying out the principles and purposes of thejuvenile justice system as provided in ORS 419C.001.
(b)The youth authority is authorized to contract with counties, groups of countiesor private providers to administer juvenile corrections programs and servicesas provided in ORS 420.017, 420.019, 420A.145 and 420A.155 (1) to (4).
(c)The youth authority may provide consultation services related to the juvenilejustice system to local or statewide public or private agencies, groups andindividuals or may initiate such consultation services. Consultation servicesinclude, but are not limited to, conducting studies and surveys, sponsoring orparticipating in educational programs and providing advice and assistance.Nothing in ORS 419C.001 and 420A.005 to 420A.155 is intended to diminish thestate’s efforts to plan, evaluate and deliver effective human services programsto youth offenders, either in a youth correction facility or on probation orparole. Therefore, the Oregon Youth Authority and the Department of HumanServices shall jointly develop and implement needed social and rehabilitativeservices.
(7)The youth authority is the recipient of all federal funds paid or to be paid tothe state to enable the state to provide youth correction programs and servicesassigned to the Department of Human Services prior to January 1, 1996.
(8)The youth authority shall report its progress in implementing the provisions ofchapter 422, Oregon Laws 1995, to the Legislative Assembly at each regularsession.
(9)The equal access provisions of ORS 417.270 apply to the youth authority’sdevelopment and administration of youth correction facilities, programs andservices, including the development and implementation of the statewidediversion plan described in ORS 420.017.
(10)The youth authority shall:
(a)Be cognizant of and sensitive to the issue of overrepresentation of minorityyouth offenders in youth correction facilities;
(b)Endeavor to develop and operate, and require its subcontractors to develop andoperate, culturally appropriate programs for youth offenders; and
(c)Keep data reflecting the ethnicity and gender of all youth offenders committedto its care.
(11)The youth authority is a designated agency as defined in ORS 181.010. [1995c.422 §2; 1997 c.433 §7; 2003 c.396 §142]
Note: LegislativeCounsel has substituted “chapter 422, Oregon Laws 1995,” for the words “thisAct” in section 2, chapter 422, Oregon Laws 1995, compiled as 420A.010.Specific ORS references have not been substituted pursuant to 173.160. Thesesections may be determined by referring to the 1995 Comparative Section Tablelocated in Volume 20 of ORS.
420A.012Recidivism; definition; reporting system; duties of Oregon Youth Authority andjuvenile departments.(1) The Oregon Youth Authority, in consultation with the Oregon JuvenileDepartment Directors’ Association, shall adopt one or more definitions ofrecidivism and establish a recidivism reporting system applicable to youthoffenders. The definition must be designed to address outcomes including, butnot limited to, community safety and rehabilitation.
(2)The juvenile department of a county annually shall submit to the Oregon YouthAuthority, in the form established under subsection (1) of this section,statistical data relating to the recidivism of delinquent youths experienced bythe county during the previous year.
(3)The Oregon Youth Authority shall publish an annual comprehensive report thatincludes the data provided by the counties under subsection (2) of this sectionand similar data that measures the recidivism of youths supervised by the youthauthority who are on probation or parole.
(4)The Oregon Youth Authority shall cooperate and, to the extent of availableinformation systems resources, shall share data with the Department of Correctionsto enable the department to track youth offenders who later enter the adultcorrections system and to assess the effect of juvenile corrections on futurecriminal conduct that occurs during and after supervision by the Oregon YouthAuthority and county juvenile departments. The Department of Corrections shallmanage data under this subsection in a manner consistent with theconfidentiality of juvenile court records and the effectiveness of orders ofexpunction. [1995 c.422 §§128,129; 1997 c.433 §8; 2001 c.904 §7; 2001 c.905 §8]
Note: 420A.012 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 420A or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
420A.014Enumeration of duties not exclusive. The enumeration of duties, functionsand powers in ORS 420A.010 is not intended to be exclusive nor limit theduties, functions and powers imposed on or vested in the Oregon Youth Authorityby other statutes. [1995 c.422 §3]
420A.015Director; appointment. (1) The Oregon Youth Authority is under thesupervision and control of a director, who is responsible for the performanceof the duties, functions and powers of the youth authority.
(2)The Governor shall appoint the director, who holds office at the pleasure ofthe Governor.
(3)The director shall receive a salary as provided by law or, if not so provided,as prescribed by the Governor, and shall be reimbursed for all expensesactually and necessarily incurred by the director in the performance ofofficial duties.
(4)For purposes of administration, subject to the approval of the Governor, theDirector of the Oregon Youth Authority may organize and reorganize the youthauthority as the director considers necessary to conduct properly the work ofthe youth authority.
(5)The director may divide the functions of the youth authority intoadministrative divisions. Each division is under the supervision of a personappointed by the director, subject to the approval of the Governor, to serve atthe pleasure of the director and not to be subject to the State PersonnelRelations Law. Each person must be well qualified by technical training andexperience in the functions to be performed by the person. [1995 c.422 §5]
420A.017Senate confirmation of director. The appointment of the Director of theOregon Youth Authority is subject to confirmation by the Senate in the mannerprescribed in ORS 171.562 and 171.565. [1995 c.422 §6]
420A.020Subordinate officers and employees; appointment. (1) TheDirector of the Oregon Youth Authority may appoint, subject to the approval ofthe Governor, a deputy director to serve at the pleasure of the director, withauthority to act for the director in the absence of the director but subject tothe control of the director at all times. The designation of the deputydirector must be by written order, filed with the Secretary of State.
(2)Subject to any applicable provisions of the State Personnel Relations Law, thedirector shall appoint all subordinate officers and employees of the youthauthority, prescribe their duties and fix their compensation. [1995 c.422 §7]
420A.021Authority of Oregon Youth Authority to require fingerprints. For the purposeof requesting a state or nationwide criminal records check under ORS 181.534,the Oregon Youth Authority may require the fingerprints of a person who:
(1)Is employed or applying for employment by the youth authority;
(2)Provides services or seeks to provide services to the youth authority as acontractor, vendor or volunteer; or
(3)Is an applicant to operate a youth offender foster home, as defined in ORS420.888, or who is an adult member of the applicant’s household as defined byrule. [2005 c.730 §61; 2009 c.207 §1]
Note: 420A.021 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 420A or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
420A.023Authority of youth correction officers to exercise power of peace officer. (1) TheDirector of the Oregon Youth Authority may authorize an individual youthcorrection officer or group of youth correction officers to exercise the powersand authority of a peace officer in the supervision and custody of youthoffenders and persons in the physical custody of the youth authority under ORS137.124 or other applicable law.
(2)The authority of a youth correction officer acting as a peace officer undersubsection (1) of this section includes but is not limited to:
(a)Preventing an escape from the grounds of a youth correction facility by aperson in the custody of the youth authority; and
(b)Going beyond the grounds of a youth correction facility to:
(A)Pursue a person in the custody of the youth authority who is in the act ofescaping from a youth correction facility;
(B)Search for a person in the custody of the youth authority who is in the act ofescaping from a youth correction facility; and
(C)Recapture a person in the custody of the youth authority who is in the act ofescaping from a youth correction facility.
(3)A youth correction officer acting as a peace officer under subsection (1) ofthis section retains the authority until the law enforcement agency that hasgeneral jurisdiction over the area in which the escape or attempted escape tookplace assumes responsibility for recapturing the person.
(4)The Oregon Youth Authority shall inform the appropriate law enforcement agencyof the escape or attempted escape of a person in youth authority custody assoon as is reasonably practicable. [1995 c.422 §9]
420A.025Rulemaking authority; general. In accordance with applicableprovisions of ORS chapter 183, the Director of the Oregon Youth Authority mayadopt rules necessary for the administration of the laws that the Oregon YouthAuthority is charged with administering. [1995 c.422 §8]
420A.030Oregon Youth Authority Account. (1) The Oregon Youth Authority Accountis established in the General Fund of the State Treasury. Except for moneysotherwise designated by statute, all fees, assessments and other moneysreceived by the Oregon Youth Authority shall be paid into the State Treasuryand credited to the account. All moneys in the account are appropriatedcontinuously and shall be used by the youth authority for purposes authorizedby law.
(2)The youth authority shall keep a record of all moneys deposited in the account.The record shall indicate by separate cumulative accounts the sources fromwhich the moneys are derived and the individual activity or program againstwhich each withdrawal is charged.
(3)The Oregon Youth Authority is authorized to accept gifts, grants and donationsfrom any source to carry out the duties imposed upon the youth authority. [1995c.422 §§10,11]
420A.032Revolving fund.(1) Upon written request of the Oregon Youth Authority, the Oregon Departmentof Administrative Services shall establish a revolving fund by drawing warrantson amounts appropriated to the Oregon Youth Authority for operating expenses.The revolving fund shall be deposited with the State Treasurer, to be held in aspecial account against which the Oregon Youth Authority may draw checks.
(2)The revolving fund established under subsection (1) of this section may be usedby the Oregon Youth Authority to pay expenses of youth authority operationswhen it is appropriate to make immediate payments for goods and services,including advance payments of travel expenses or emergency payroll draws.
(3)The revolving fund shall be reimbursed by funds drawn as authorized by law andcharged against the appropriate fund or account. [1995 c.422 §12]