HomeMy WebLinkAboutOpt Out Info - CorrectionsDepartment of Administrative Services
Dave Kanner - County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www.co.deschutes.or.us
March 12, 2009
TO: Board of Commissioners
FROM: Dave Kanner
RE: Opt -out from Community Corrections funding
Under the Community Corrections Act, adopted by the Legislature in 1995, the State of
Oregon transferred the adult parole & probation function to counties and agreed to
provide funding to counties to carry out that function. The law further provided that
offenders convicted of state crimes and sentenced to a year or less in prison would serve
their jail terms in the county jail of the county in which they were sentenced. A key
provision of the law is that if the state fails to provide funding at the "essential budget
level," counties can "opt out" of this agreement with the state and turn the P&P function
back over to the Department of Corrections. This occurred in 2003, when Linn and
Douglas Counties opted out.
The recent budget rebalancing plan adopted by the Legislature cut CCA funding by $6.9
million statewide and by $300,000 in Deschutes County, thus opening the opt out
window. There may be further cuts in the '09-'11 biennium, but it's expected that the
DoC will revise the required service levels to match available funding in order to prevent
opt out.
At your March 18 work session, Sheriff Larry Blanton and Community Justice Director
Ken Hales will be available to talk to you about how the opt out process works (see
attached documents). We will also have Ginger Martin of the DoC on the phone with us
to provide further explanation and to answer questions.
THE OPT OUT
Transfer of Community Corrections Operations From a
County to the State
Responsibilities of the State Through the Department of Corrections
The state would assume responsibility for community-based supervision, sanctions and
services for offenders convicted of felonies who are:
(a) on parole;
(b) on probation;
(c) on post -prison supervision;
(d) sentenced to 12 months or less incarceration
(e) sanctioned by a court or the State Board of Parole and Post -Prison Supervision to
12 months or less incarceration for violation of a condition of parole, probation or
post -prison supervision; and
(f) on conditional release ("second look" release of juvenile offender convicted of
Measure 11 crime)
For local control offenders sentenced or sanctioned to a prison term of 12 months or less
incarceration to be served locally, the state would become the supervisory authority and
would determine the use of sanctions other than incarceration for this group as
appropriate. ORS 423.478(2)(3)
Community Corrections Funding
Community corrections grants to counties are determined by the number and type of
offenders under supervision in the county. The allocation amount would not change with
a change in the governmental body that had the responsibilities listed above. The county
share of state community correction funding would support all costs of operating
community corrections including personnel, supplies, operation of facilities, alternative
sanctions, and correctional interventions.
Personnel
Under existing state law (ORS 236.610) all county staff would transfer to state
employment, except those effected by reduction in force due to budget reductions or job
elimination due to organizational restructuring. All positions would be allocated at the
appropriate state classification. DOC will need position authority and union
representation would need to be determined.
Salaries paid to new state employees are guaranteed to match their county salaries for 12 months
per ORS 236.610 unless bargained higher. Wages, benefits, differentials, and working conditions
would be bargained during the first 12 months.
Community Corrections Plan
The Department of Corrections staff would have the responsibility for creating the
biennial community corrections plan. The plan outlines the basic structure and the
supervision, services and sanctions to be applied to offenders convicted of felonies placed
on supervision or local control status. The plan consists of program descriptions, budget
allocation, and performance objectives for the correctional interventions to be provided.
(ORS 423.525)(7)(8)
Liability
The state, through the Department of Corrections, becomes directly liable for the
activities of felony offenders on supervision in the counties in which community
corrections is operated by the state. At the same time, there will be offenders on
supervision that will not receive that supervision due to budget constraints. Liability is
also increased as the state takes on more employees, some of whom may carry a firearm
in the course of their work.
Property/Leases/Vehicles
The property currently being used to operate the field office would transfer to the state
along with the responsibility, as would leases and contracts.
Facilities
Any facility built with state funds to house local control offenders would be vacated by
the county until such time as the loan is repaid. The state would have the option to
operate the facility directly, to contract with private or public entities to operate the
facility or to lease it back to the county. Some of these facilities are stand-alone
buildings, but most of the projects were part of existing facilities; the logistics of
operation will be much more complicated in shared space.
DEPARTMENT OF CORRECTIONS
ADMINISTRATIVE RULES GOVERNING THE OPT OUT
291-031-0085
County Option to Cease Participation in the Community Corrections Act
(1) The Community Corrections Act gives each county the option to transfer
responsibility for community corrections to the Department of Corrections if the
Legislature fails to fund community corrections at the baseline established in ORS
423.483(1) and (3).
(2) If the total state community corrections allocation is less than the baseline, the county
may discontinue participation in the Act by providing written notification to the Director
of the Department of Corrections 180 days prior to implementation of the change.
(3) The department can elect to assume responsibility for community corrections sooner
than 180 days with concurrence from the county.
(4) A county may transfer responsibility for community corrections to the state no more
than one time in a biennium.
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525 & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483 & ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
291-031-0095
Responsibility for Community Corrections
(1) The Department of Corrections will assume responsibility for community-based
supervision, sanctions and services for offenders convicted of felonies who are on parole
or post -prison supervision, probation, sentenced or sanctioned to a prison term of 12
months or less, or on conditional release under ORS 420.206.
(2) According to sentencing guidelines, terms of incarceration of 12 months or less are
served at the direction of the local supervisory authority rather than in the legal and
physical custody of the Department of Corrections (OAR 213-005-0001(2)). The
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Department of Corrections will perform the duties of the local supervisory authority for
terms of incarceration of 12 months or less (local control offenders).
(3) The Department of Corrections will not assume responsibility for the supervision of
offenders convicted of misdemeanors.
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525 & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483 & ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
291-031-0100
Funding
(1) Department of Corrections funds allocated to provide correctional services by the
county will be retained by the state.
(2) County allocations are computed for a 24 -month period. If the transfer of
responsibility is for a period of less than 24 months, the funds retained by the state for
community corrections activities will be prorated to the day of the transfer.
(3) A financial closing statement will be provided to the state within 60 days of the
transfer of responsibility. Any state funds distributed but not spent will be returned to the
state.
(4) The department, at its option, may choose to operate community corrections in
regions consisting of several counties, and to combine funds and staff to operate the
region most efficiently.
(5) The department shall retain all supervision fees collected from offenders supervised
by state -operated community corrections offices and received subsequent to the state
assuming responsibility for operations.
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525 & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483 & ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
291-031-0110
Biennial Community Corrections Plan
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(1) The Department of Corrections shall develop a community corrections plan for each
county with a state -operated community corrections office.
(2) The department will meet with the local public safety coordinating council to review
the county's recommendations as to how state resources will be invested to serve the local
offender population. Those recommendations will be included in the plan and/or the
department will provide a response to each recommendation.
(3) The department will submit the plan to the county commissioners for information and
comments. The commissioners may choose to comment or may simply acknowledge the
plan was received.
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525, & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483, ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
291-031-0120
Transfer of Property
(1) When a county ceases participation in the Community Corrections Act, the state shall
assume title to any equipment, furnishings, vehicles or property purchased with
community corrections grant funds and used by existing county staff to provide parole
and probation services to the county. The county shall provide the Department of
Corrections with a list of all such equipment, furnishings, vehicles or property with a
value of over $250 within 30 days of the county's notification to the Director of the
Department of Corrections that it will discontinue participation in the Community
Corrections Act.
(2) An agreement transferring title of equipment or property to the Department of
Corrections shall be written, accompanied by an inventory list signed by the designated
representatives of both the county and the department. The agreement shall be subject to
all state regulations governing such transfer of title.
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525 & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483 & ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
291-031-0130
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Correctional Facilities
When a county ceases participation in the Community Corrections Act, the state and
county shall follow the terms of any applicable lease -sublease agreements regarding any
correctional facilities acquired, constructed, or renovated under ORS 423.525(2).
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525 & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483 & ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
291-031-0140
Employees
(1) County employees in the county community corrections agency and funded through
the community corrections grant to that county will be transferred to state employment, to
the extent there are funds available. If the county has experienced a reduction in funding,
there will be a commensurate reduction in staff positions available for transfer.
(2) County employees transferred to state employment will not suffer any reduction in
salary or loss of employee benefits for 12 months because of the transfer. Salary will not
be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be
transferred, a waiver of waiting period for preexisting conditions will be arranged. The
employee may remain with his or her present retirement system for 12 months or may
participate in the state retirement system. Following this period, salary, benefits and
retirement plan will be based on established state wages and benefits.
Stat Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.478,
ORS 423.483, ORS 423.525 & ORS 423.530
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075, ORS
423.478, ORS 423.483 & ORS 423.500 - ORS 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert.
ef. 8-20-03
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