Oregon Administrative Rules Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION
Oregon Administrative Rules (OAR) Chapter 213 is dedicated to the Oregon Criminal Justice Commission (CJC). This comprehensive chapter outlines the rules and policies that guide the commission's efforts to improve the legitimacy, efficiency, and effectiveness of state and local criminal justice systems in Oregon.
The Oregon Criminal Justice Commission is a vital agency in Oregon's criminal justice landscape. Its mission, as reflected in these administrative rules, is to provide a centralized and impartial forum for statewide policy development and planning related to criminal justice.
Here's a breakdown of the key areas covered by OAR Chapter 213:
I. Core Purpose and Authority:
The overall purpose of OAR Chapter 213 is to implement the statutory duties and responsibilities of the Oregon Criminal Justice Commission, primarily derived from Oregon Revised Statutes (ORS) Chapter 137. These duties include:
Developing and maintaining a state criminal justice policy and comprehensive, long-range plan for a coordinated criminal justice system encompassing public safety, offender accountability, crime reduction and prevention, and offender treatment and rehabilitation.
Providing analytical and statistical information on state and local sentencing practices, acting as a clearinghouse for criminal justice data.
Preparing racial and ethnic impact statements for proposed legislation and state measures, assessing disparities in correctional populations.
Administering and overseeing various grant programs aimed at improving criminal justice outcomes.
Maintaining and updating Oregon's felony sentencing guidelines.
II. Key Divisions and Their Focus:
Chapter 213 is structured into numerous divisions, each addressing a specific aspect of the CJC's work. Some of the most significant divisions include:
Division 1: Procedural Rules: Covers general rules for rulemaking and other administrative procedures of the Commission.
Division 2: Statement of Purposes and Principles: Lays out the foundational mission and guiding principles of the Oregon Criminal Justice Commission.
Division 3: Definitions: Provides clear definitions for terms used throughout the administrative rules, crucial for consistent application (e.g., "bench probation," "departure," "grid block," "person felonies").
Division 4: The Sentencing Guidelines Grid: Details the structure and application of Oregon's felony sentencing guidelines, which classify crimes by seriousness and offenders by criminal history.
Division 5: Sentencing: Contains rules related to the imposition of sentences, including presumptive durations of probation and rules for imposing various types of sentences.
Divisions 7, 8, 9, 10, 11, 12: Address specific aspects of sentencing and post-conviction processes, such as Plea Agreements, Departures from guidelines, Statutory Sentencing Requirements, Probation Revocations, Post-Prison Supervision, and Concurrent and Consecutive Sentences.
Division 13: Sentencing Report: Specifies the information that courts must submit to the Commission regarding sentences imposed for felonies, including electronic and paper formats.
Divisions 17, 18, 19, 21: Focus on the classification of offenses, including the Crime Seriousness Scale, Offense Subcategories, Drug Offense Subcategories, and Cannabis Offense Subcategories.
Division 30: The Improving People's Access to Community-Based Treatment, Supports, and Services (IMPACTS) Program: Outlines rules for administering this program, which aims to enhance community-based treatment options.
Division 40: Restorative Justice Program: Defines and establishes rules for the administration of restorative justice programs, emphasizing community-based alternatives to traditional legal systems that center the needs of harmed parties.
Division 50: Rules for Counties to Establish Extended Detention Programs: Provides guidelines for counties to establish and operate extended detention programs.
Division 60: Justice Reinvestment Program: Details the administration of the Justice Reinvestment Program, which typically involves providing grants to counties to reduce recidivism and prison utilization while maintaining public safety.
Division 71: Racial and Ethnic Impact Statements: Contains rules related to the preparation and use of racial and ethnic impact statements for legislative proposals and state measures.
Division 80: Illegal Marijuana Market Enforcement Grant Program: Sets forth rules for the administration of grants aimed at enforcing laws related to the illegal marijuana market.
In summary, OAR Chapter 213 provides the comprehensive regulatory framework for the Oregon Criminal Justice Commission, enabling it to fulfill its broad mandate of policy development, data analysis, program administration, and oversight to enhance the effectiveness and fairness of Oregon's criminal justice system.
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