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November 11, 2007
OR: Proposed Bill Seeks Racial-disparity Impacts of prison-related legislation before new laws are passed
There is an article about this Bill in Fall 2007 issue of The Sentencing Project Newsletter. Here is the Bill submitted by Chip Shields of Oregon. If passed the Bill:
“ Requires preparation of racial and ethnic impact statements that assess impact of prison-related legislation and certain prison-related rulemaking on racial and ethnic profile of prison population.”
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in anv amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within v{ + braces and plus signs + } .
LC 3085
House Bill 2933
Sponsored by Representative SHIELDS (at the request of Jess
Barton)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.
Requires preparation of racial and ethnic impact statements that assess impact of prison-related legislation and certain prison-related rulemaking on racial and ethnic profile of prison population.
A BILL FOR AN ACT
Relating to criminal justice; creating new provisions; and amending ORS 137.656 and 144.050.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act and the amendments to ORS 137.656 and 144.050 by sections 3 and 4 of this 2007 Act may be cited as the Racial and Ethnic Impact Statement Act. + }
SECTION 2. { + (1) Any legislation that could change the state's prison population shall be accompanied by a racial and ethnic impact statement.
(2) Before any legislative committee hearing on legislation that would affect the state prison population, the committee shall submit a written request to the Oregon Criminal Justice Commission to prepare and submit to the committee a racial and ethnic impact statement as described in ORS 137.656. + }
SECTION 3. ORS 137.656 is amended to read:
137.656. (1) The purpose of the Oregon Criminal Justice Commission is to improve the effectiveness and efficiency of state and local criminal justice systems by providing a centralized and impartial forum for statewide policy development
and planning.
(2) The primary duty of the commission is to develop and maintain a state criminal justice policy and comprehensive, long-range plan for a coordinated state criminal justice system that encompasses public safety, offender accountability, crime reduction and prevention and offender treatment and rehabilitation. The plan must include, but need not be limited
to, recommendations regarding:
(a) Capacity, utilization and type of state and local prison and jail facilities;
(b) Implementation of community corrections programs;
(c) Alternatives to the use of prison and jail facilities;
(d) Appropriate use of existing facilities and programs;
(e) Whether additional or different facilities and programs are necessary;
(f) Methods of assessing the effectiveness of juvenile and adult correctional programs, devices and sanctions in reducing future criminal conduct by juvenile and adult offenders; and
(g) Methods of reducing the risk of future criminal conduct.
(3) Other duties of the commission are:
(a) To conduct joint studies by agreement with other state agencies, boards or commissions on any matter within the
jurisdiction of the commission.
(b) To provide Oregon criminal justice analytical and statistical information to federal agencies and serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination on state and local
sentencing practices.
(c) To provide technical assistance and support to local public safety coordinating councils.
(d) To receive grant applications to start or expand drug court programs as defined in ORS 3.450, to make rules to govern the grant process and to award grant funds according to the rules.
(4) The commission shall establish by rule the information that must be submitted under ORS 137.010 (9) and the methods for submitting the information. A rule adopted under this subsection must be approved by the Chief Justice of the Supreme Court before it takes effect.
{ + (5)(a) The commission shall develop a standardized protocol for the preparation of racial and ethnic impact
statements.
(b) A racial and ethnic impact statement shall include the
following:
(A) An estimate of how proposed legislation would change the racial or ethnic profile of the state's prison population, for racial and ethnic groups for which data are available.
(B) A statement of the methodologies and assumptions used in preparing the estimate.
(c) Upon receipt of a legislative committee's request for a racial and ethnic impact statement on proposed legislation, the commission shall prepare and submit the statement to the committee before its hearing on the legislation. + }
SECTION 4. ORS 144.050 is amended to read:
144.050. { + (1) + } Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any inmate, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go upon parole subject to being arrested and detained under written order of the board or as provided in ORS
144.350.
{ + (2) + } The { - state - } board may establish rules applicable to parole. { + In the establishment of any such rule, the board shall, consistent with the process described in ORS 137.656 (5), prepare and consider a racial and ethnic impact statement. + }
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http://www.leg.state.or.us/shieldsc/
Posted by lois at November 11, 2007 11:11 AM
