Stat. Auth.: 2013 Ol Ch.649 §52‐56 Stats. Implemented: 2013 Ol Ch.649 §52‐56 Hist.: Cjc 2-2014, F. 12-9-14, Cert. Ef. 1-1-15

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_213/213_060.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON CRIMINAL JUSTICE COMMISSION

 

DIVISION 60
JUSTICE REINVESTMENT PROGRAM
213-060-0010
Authority
These rules are promulgated pursuant
to Sections 52 to 56, Chapter 649, 2013 Oregon Laws (Enrolled House Bill 3194).
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0020
Purpose
The purpose of these rules is to administer
the Justice Reinvestment Program established by Sections 52 to 56, Chapter 649,
2013 Oregon Laws.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0030
Definitions
As used in OAR 213-060-0010 to 213-060-0140,
unless the context indicates otherwise:
(1) “Commission”
means the Oregon Criminal Justice Commission.
(2) “Community-based
programs” includes:
(a) Work release programs;
(b) Structured, transitional
leave programs;
(c) Evidence-based programs
designed to reduce recidivism that include the balanced administration of sanctions,
supervision and treatment;
(d) Administering a reentry
court under Section 29, Chapter 649, 2013 Oregon Laws;
(e) Specialty courts aimed
at medium-risk and high-risk offenders; and
(f) Evidence-based policing
strategies.
(3) “County”
includes a regional collection of counties.
(4) “Grant Review Committee”
means the Justice Reinvestment Grant Review Committee established under Section
53, Chapter 649, 2013 Oregon Laws.
(5) “Program”
means a program that is cost-effective as defined in ORS 182.515(2) that is an evidence
based program as defined in 182.515(3), that is a program as defined in 182.515(4),
and that utilizes scientifically based research as defined in 182.515(5).
(6) “Recidivism”
has the meaning provided in ORS 423.557(1)(a).
(7) “Trauma informed
services” means providing the foundation for a basic understanding of the
psychological, neurological, biological, and social impact that trauma and violence
have on individuals, while incorporating proven practices into current operations
to deliver services that acknowledge the role that violence and victimization play
in their lives.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0050
Grant Applications
(1) The grant application cycle will
be determined by the Commission. At the beginning of each grant application cycle,
the Commission will determine the proportion of grant funds available to each county
in accordance with the formula used to distribute baseline funding under ORS 423.483.
The Commission will include those amounts in its grant application solicitation.
Each qualifying county pursuant to criteria in subsection 213-060-0060 shall receive
a grant award of no less than $100,000 per grant application cycle.
(2) Each county may submit
only one application for a justice reinvestment grant to fund one or more community-based
programs. The application must be submitted by the local public safety coordinating
council and include proof of approval by the county governing body.
(3) The county may use up
to 10 percent of the funds payable under the justice reinvestment grant for administrative
costs, including activities such as purchasing, budgeting, payroll, accounting,
staff services, and other costs as deemed appropriate by the Commission. Administrative
costs may also include funds to incentivize compliance by law enforcement agencies
with completing Uniform Crime Reporting and other timely law enforcement data collection
activities.
(4) The Commission may communicate
directly with an applicant to clarify the intent of its application or to recommend
modifications in furtherance of the purpose of the Justice Reinvestment Program.
(5) The Commission may, in
its sole discretion, waive solicitation requirements or cancel any solicitation
in whole or in part if it deems such action to be in the best interests of the Justice
Reinvestment Program.
(6) Within 60 days following
the expiration of the grant application deadline, the Commission shall make award
notifications to counties in accordance with these rules. If there are extenuating
circumstances, the Commission may, in its sole discretion, extend the deadline for
award notification.
(7) If unallocated funds
remain at the conclusion of the grant acceptance period, the Commission shall distribute
all remaining funds in the manner provided in OAR 213-060-0080.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0060
Grant Application Review Criteria
(1) Grant applicants shall provide proposed
outcome measures that will assist the Commission in assessing the efficacy of individual
programs. Outcomes should be specific, measurable, achievable, realistic and timely.
(2) The Grant Review Committee
and the Commission will review and evaluate each grant application based on the
following additional criteria:
(a) Whether the applicant’s
program is designed to reduce recidivism of offenders.
(b) Whether the applicant’s
program is designed to reduce utilization of prison capacity by offenders convicted
of felonies described in ORS 137.717, 475.752 to 475.935, 811.182, 813.010, or 813.011.
(c) Whether the applicant’s
program would increase public safety. As part of evaluating a program that purports
to increase public safety, factors that may be considered include, but are not limited
to:
(A) Whether law enforcement
agencies operating within the county timely submit uniform crime report data to
the Oregon State Police on a quarterly basis, so that public safety can be measured.
(B) Whether the application
contains a statement regarding total operable county jail capacity, what percentage
of that capacity is being used at the end of each quarter, and how many persons
were forced released during the prior quarter, so that capacity and pressure on
the local jail can be evaluated.
(C) Whether the county regularly
analyzes system data and participates in Regional Implementation Council meetings
presented by the Commission.
(D) Whether the local public
safety coordinating council meets on a regular basis with all statutorily required
positions filled and reports as required by statute.
(E) Whether programs will
collect demographic information regarding the populations that were served.
(F) Whether the programs
operate in a culturally competent manner.
(d) Whether the applicant’s
program would hold offenders accountable. Factors that may be considered include,
but are not limited to, whether the applicant’s program would track successful
completion of:
(A) Restitution.
(B) Probation.
(C) Treatment.
(D) Community service.
(e) Whether the county will
evaluate its programs for increased costs to local governments resulting from the
passage of 2013 Oregon laws Chapter 649.
(f) For purposes of evaluating
the portion of the grant to be distributed to community-based nonprofit organizations
that provide services to victims of crime, whether the grant application illustrates
how use of funds will positively impact victims. The Grant Review Committee and
the Commission will review and evaluate each grant application based on the following
criteria:
(A) Demonstrated need for
the proposed services in the community to be served by the applicant with emphasis
on services that target marginalized, underserved populations.
(B) Services address access
barriers, such as but not limited to: language, literacy, disability, cultural practices
and transportation issues.
(C) Funding increases capacity
for areas where services are difficult to access, limited or non-existent.
(D) Demonstration that the
award will be invested in trauma-informed services.
(E) Data collection, including
but not limited to, demographic information of victims served.
(g) Other criteria that the
Commission chooses to include in the solicitation.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0070
Grant Application Processing
(1) Commission staff will evaluate each
county’s application based on the criteria provided in OAR 213-060-0060, and
will make recommendations to the Grant Review Committee. If the recommendation by
staff to the Grant Review Committee would be to not fund the grant proposal, the
Commission staff shall first work with applicant to attempt to rehabilitate the
application.
(2) The Grant Review Committee
will review each county’s grant application and the recommendations of Commission
staff, and notify the Commission regarding which applications it has approved. Approval
by the Grant Review Committee is subject to final approval by the Commission.
(3) The Commission will review
and evaluate the approvals of the Grant Review Committee, and will notify applicants
of the decision of the Commission within 60 days from the expiration of the grant
application deadline. If there are extenuating circumstances, the Commission may,
in its sole discretion, extend the deadline for award notification. The Commission
will prepare a grant award agreement for each grant awarded, which will set forth
the terms, conditions, and requirements of the grant.
(4) The Commission may amend
a grant awarded under this rule. After the grant is awarded the Commission may amend
the amount originally awarded based on non‐compliance with the terms of the
award. If the recommendation by staff to the Commission would be not to continue
to fund the grant proposal, the Commission staff shall first work with applicant
to attempt to rehabilitate the application.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0080
Supplemental Grant Period
If unallocated funds remain at the conclusion
of the grant acceptance period, and the Commission decides to establish a supplemental
grant period to distribute some or all of those unallocated funds, the Commission
may:
(1) Use those funds to supplement
and expand the scope of one or more grant programs that were awarded, without the
need for further grant solicitation, but using the criteria provided in OAR 213-060-0060.
(2) Issue a supplemental
competitive grant application solicitation, and allow counties to submit applications,
using the criteria and process provided in OAR 213-060-0050 through 213-060-0070.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0095
Community Based Victim Services
Advisory Panel
(1) The Commission may appoint a Community
Based Victim Services Advisory Panel, consisting of up to 9 members, taking into
account regional representation, knowledge in the delivery of victim services, and
diversity of experience in types of victim services.
(2) If the Commission appoints
a panel as described in this section, the panel shall review each application for
the grant criteria specified in OAR 213-060-0060(2)(f), and make recommendations
to the Commission staff.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0130
Evaluating Efficacy; Termination;
Report to Legislature
(1)(a) Each program that is funded will
be evaluated by the Commission on a quarterly basis, based on the proposed outcome
measures provided in the grant application and grant award agreement that reflects
the goals of the programs funded.
(b) A county that is not
achieving criteria as outlined in OAR 213-060-0060 will be given notice and an opportunity
to improve performance. The Commission may terminate the county’s grant award
if the county has not satisfactorily improved performance.
(2) The Commission will report
the results of the evaluation conducted under this rule to a committee of the Legislative
Assembly related to the judiciary.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15
213-060-0140
Outcome Evaluations of Programs
Funded
(1) The Commission may choose one or
more Justice Reinvestment grants for a randomized controlled trial or other outcome
evaluation. Counties selected for a randomized controlled trial or other outcome
evaluation shall partner with the Commission in order to successfully complete the
evaluation of their program.
(2) Three percent of the
total amount of Justice Reinvestment Grant funds shall be used to help fund randomized
controlled trials or outcome evaluations for grant awards selected for such evaluations.
Subject to approval by the Commission, the funds may also be used to offset any
increased costs to the county associated with undergoing a randomized controlled
trial or other outcome evaluation.
(3) A county selected for
a randomized controlled trial or other outcome evaluation shall contract with the
Commission, or an entity approved by the Commission, to conduct such randomized
controlled trial or other outcome evaluation.
(4) Any randomized controlled
trial or other outcome evaluation funds not allocated or budgeted by July 1 of an
even-numbered year shall be dispersed back to the counties participating in the
Justice Reinvestment Grant Program according to the formula provided in ORS 423.483.
(5) A program selected for
randomized controlled trial or other outcome evaluation shall have preference to
be funded in future grant application cycles so long as study participants are still
in the program.
(6) The Commission will report
the results of evaluations conducted under this rule to a committee of the Legislative
Assembly related to the judiciary and the Office of the Governor, and will post
the report on the Commission’s website.
(7) In choosing programs
for randomized controlled trials or other outcome evaluations, the Commission will
consider the following factors:
(a) The proposed program
is promising and has the capability of being reproduced in other counties.
(b) The proposed program
is capable of being evaluated through randomized controlled trials when taking into
account sample size and other practical requirements.
(c) The proposed randomized
controlled trial will meet the requirements of the institutional review board process.
(d) Studying the program
will benefit the State and more broadly the field of criminal justice by adding
to the body of knowledge currently available.
Stat. Auth.: 2013 OL Ch.649 § 52‐56
Stats. Implemented: 2013
OL Ch.649 § 52‐56
Hist.: CJC 2-2014, f. 12-9-14,
cert. ef. 1-1-15

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