Oregon Revised Statutes
As used in ORS 147.005 to 147.367 unless the context requires otherwise: “Applicant” means: Any victim of a compensable crime who applies to the Department of Justice for compensation under ORS 147.005 to 147.367; Any person who was a dependent of a deceased victim at the time of the death of that victim; Any person who is a survivor of a deceased victim…
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A person is eligible for an award of compensation under ORS 147.005 to 147.367 if: The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable crime that has resulted in or may result in a compensable loss; The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death o…
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Notwithstanding that a person is not a victim or a dependent of a deceased victim under ORS 147.015 (1)(a), the person is eligible for compensation for reasonable medical expenses for the victim and for reasonable funeral expenses of the deceased victim if the person: Paid or incurred such expenses; and Files a claim in the manner provided in ORS 147.105 a…
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Except as otherwise provided in ORS 147.025 and 147.390, compensation may be awarded under ORS 147.005 to 147.367 only for losses described in this section. The maximum amount of compensation that may be awarded, in aggregate, to the victim and the survivors and dependents of a deceased victim is $47,000. When a compensable crime results in: Injury to a v…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of Justice may make an emergency award to the applicant pending a final decision in the claim, if it appears to the department, prior to taking action upon the claim that: The claim is one with respect to which an award probably will be made; and Undue hardship will result to the applicant if immediate payment is not made. The amount of suc…
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Notwithstanding ORS 12.110 the victim of any compensable crime as defined in ORS 147.005 or the victim’s representative may bring an action at any time within the five-year period after the commission of the compensable crime. Note: 147.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
An applicant for compensation under ORS 147.005 to 147.367 must file an application under oath on a form furnished by the Department of Justice. The application shall include: The name and address of the victim; If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependent…
No operative statutory text appears at this designation in the selected edition.
All information submitted to the Department of Justice by an applicant and all hearings of the Workers’ Compensation Board under ORS 147.005 to 147.367 shall be open to the public unless the department or board determines that the information shall be kept confidential or that a closed hearing shall be held because: The alleged assailant has not been brough…
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In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105, and: Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person; Shall de…
No operative statutory text appears at this designation in the selected edition.
After processing the application filed under ORS 147.105 the Department of Justice shall enter an order stating: Its findings of fact; and Its decision as to whether or not compensation is due under ORS 147.005 to 147.367.
No operative statutory text appears at this designation in the selected edition.
If the applicant disagrees with the order entered under ORS 147.135, the applicant may request review by the Department of Justice. The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its decision on review within 30 days of the department’s receipt of the request for review. If…
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Any applicant who requests review by the Department of Justice under ORS 147.145 and who disagrees with the decision of the department on review may appeal to the Workers’ Compensation Board. The request for hearing shall be in writing. The request shall include the applicant’s address, shall be signed by the applicant and shall be mailed to the board. The…
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The award made under ORS 147.005 to 147.367 shall be paid in a manner determined by the Department of Justice. Payment for medical, hospital and funeral expenses may be made directly to the service providers. Where a person eligible to receive an award under ORS 147.005 to 147.367 is a person under the age of 18 years or an incompetent, the award may be pai…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
To carry out the provisions and purposes of ORS 147.005 to 147.367, the Department of Justice has the power and duty to: Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties. Request and obtain from law enforcement agencies, district attorneys, county juv…
No operative statutory text appears at this designation in the selected edition.
The Attorney General shall serve as legal adviser to the Department of Justice for all matters arising under ORS 147.005 to 147.367. Law enforcement officials and other agencies of the state or local governmental units are authorized to give and shall provide any assistance or information requested by the department under ORS 147.205 (1)(b).
No operative statutory text appears at this designation in the selected edition.
There is established the Criminal Injuries Compensation Account. All moneys in the account are continuously appropriated for and may be used by the Department of Justice for the purposes authorized in ORS 147.005 to 147.367, 147.390 and 147.397.
The Attorney General shall disburse a portion of the moneys that the Criminal Injuries Compensation Account receives from the Criminal Fine Account to counties and cities where prosecuting attorneys maintain victims’ assistance programs approved by the Attorney General. Upon receipt of the moneys, the counties and cities shall provide the moneys to the prose…
No operative statutory text appears at this designation in the selected edition.
Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney General’s designee may make grants from the Criminal Injuries Compensation Account to eligible public or private nonprofit agencies that provide services to victims of violent crimes, property crimes and crimes involving fraud a…
No operative statutory text appears at this designation in the selected edition.
After the entry of an award under ORS 147.005 to 147.367, the Department of Justice shall submit the claim for payment from the Criminal Injuries Compensation Account pursuant to ORS 293.295 to 293.460 and 293.465 to 293.510.
Any moneys recovered by the Department of Justice under ORS 147.281 to 147.298 and 147.345 shall be credited to the Criminal Injuries Compensation Account. Any gifts, contributions, grants or federal funds specifically given to the department for the benefit of victims of crimes shall be credited to the Criminal Injuries Compensation Account.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of Justice may institute suit: To recover any awards made because of fraudulent claims. On behalf of the applicant or recipients, to recover all fees paid to a counsel or agent in violation of ORS 147.315.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Before any person or other legal entity pays or delivers the proceeds of a compensable crime to any individual charged with or convicted of committing such a crime in this state or found guilty except for insanity with regard to such a crime, or to a representative or assignee of that individual, the person or legal entity shall promptly notify the Departmen…
No operative statutory text appears at this designation in the selected edition.
As used in ORS 147.281 to 147.298: “Action” means an action, suit or proceeding. “Assistance” means compensation paid by the Department of Justice under ORS 147.005 to 147.367 to or on behalf of an applicant or recipient. “Claim” means a claim of an applicant or recipient for damages for injuries against an assailant or any other person or entity alleged …
An applicant or recipient shall promptly provide written notice to the Department of Justice when making a claim or bringing an action to enforce a claim for injuries that formed the basis for assistance. The notice must include the name and address of the assailant and of any other person or entity against whom the claim is made or action is brought. If the…
The Department of Justice has a lien upon the amount of any judgment in favor of the applicant or recipient and upon any amount payable to the applicant or recipient under a settlement or compromise for all assistance from the date of the injury that forms the basis of the assistance to the date of the satisfaction of the judgment or final payment under the …
In order to perfect a lien under ORS 147.285, the Department of Justice shall do all of the following: Upon receiving notice under ORS 147.283, record a notice of lien in the County Clerk Lien Record of the county in which the person against whom the claim is made or action is brought resides. If the claim or action is against a corporation, the department …
The form of the notice of lien required by ORS 147.287 shall be substantially as follows: ______________________________________________________________________________ Notice is given by this form that the Department of Justice has provided assistance to ____________, a person who was injured on or about the ___ day of ______ in the city of ______ and Sta…
No operative statutory text appears at this designation in the selected edition.
Immediately after a judgment has been rendered in favor of an applicant or recipient or a settlement or compromise has been agreed upon, all parties bound by the judgment, settlement or compromise shall provide written notice to the Department of Justice of the amount of the judgment, settlement or compromise. After receiving the notice, the department shall…
After a notice of lien is recorded under ORS 147.287, a person or entity that makes a payment to the applicant or recipient or to the heirs, personal representatives, assigns or attorneys of the applicant or recipient under a judgment, settlement or compromise without first having paid to the Department of Justice the amount of the department’s lien is liabl…
The Department of Justice has a cause of action against an applicant or recipient who fails to give the notice required by ORS 147.283 for amounts received by the applicant or recipient pursuant to a judgment, settlement or compromise to the extent that the department would have had a lien under ORS 147.285 upon the amounts had the notice been given.
The Department of Justice may initiate an action under ORS 147.294 and 147.296 in the circuit court for Marion County, the county where the compensable crime occurred or the county in which any party bound by the judgment, settlement or compromise resides. (Miscellaneous Provisions)
If any person is convicted of a crime based on a compensable crime for which application for compensation is made, proof of the conviction shall be conclusive evidence that the crime was committed.
No fee may be charged to the applicant in any proceeding under ORS 147.005 to 147.367.
No compensation payable under ORS 147.005 to 147.367 shall, prior to actual receipt thereof by the person or beneficiary eligible therefor, or their legal representatives, be assignable or subject to execution, garnishment, attachment or any other process, including process to satisfy an order or judgment for support or alimony.
The rights to compensation created by ORS 147.005 to 147.367 are personal and shall not survive the death of the person or beneficiary eligible therefor. However, if such death occurs after an application for compensation has been filed with the Department of Justice, the proceeding shall not abate, but may be continued by the legal representative of the dec…
The acceptance of an award made pursuant to ORS 147.005 to 147.367 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award. On behalf of the state, the Department of Justice may…
No operative statutory text appears at this designation in the selected edition.
All law enforcement agencies in this state shall deliver cards to victims of crime stating the procedure to be followed in applying for compensation under ORS 147.005 to 147.367. No law enforcement agency shall be civilly liable for a failure to comply with subsection (1) of this section. SERVICES TO VICTIMS OF ACTS OF MASS DESTRUCTION
The Department of Justice may initiate and participate in planning, training and organizational efforts intended to prepare to deliver services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property. …
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As used in this section: “Bias crime” means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165. “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or nati…
No later than January 1, 2025, the Department of Justice shall develop and begin delivering a training program for employees of district attorney victim assistance programs to assist the employees with providing services to victims of bias crimes as defined in ORS 147.380. Note: 147.385 was enacted into law by the Legislative Assembly but was not added to o…
In cases of suspected child sexual abuse as described in ORS 419B.005 (1)(a)(C), (D) or (E), or child physical abuse by an adult or caretaker as otherwise described in ORS 419B.005 (1)(a)(A), the Department of Justice may pay for services provided by a children’s advocacy center, including child abuse assessments, medical assessments and forensic interviews.…
Notwithstanding ORS 147.390, when the moneys provided from the Criminal Injuries Compensation Account for the purposes of ORS 147.390 are expended for any cumulative time period within any biennium, the Criminal Injuries Compensation Account shall have no further obligations under ORS 147.390 for that time period. However, if the Criminal Injuries Compensati…
As used in this section and ORS 147.397: “Medical assessment” means an assessment that consists of a medical examination of a victim that: Includes the offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception; an…
Subject to the availability of funds from gifts, grants and donations in the Sexual Assault Victims’ Emergency Medical Response Fund, the Department of Justice shall pay the costs of a medical assessment obtained by a victim if the victim obtains the medical assessment within the time frame established in rules adopted by the department. The department may …
The Sexual Assault Victims’ Emergency Medical Response Fund is established, separate and distinct from the General Fund. All moneys in the Sexual Assault Victims’ Emergency Medical Response Fund are continuously appropriated to the Department of Justice to be used for the purpose of carrying out the provisions of ORS 147.397. The Department of Justice may a…
The district attorney in each county shall organize a sexual assault response team to consist of: A representative of the district attorney’s office; A representative of a prosecution-based victim assistance program or unit; A sexual assault forensic examiner; At the discretion of the district attorney, a representative of the county sheriff’s office or …
Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state shall adopt policies for the treatment or referral of acute sexual assault patients, if such policies are not otherwise provided for by statute or administrative rule. Each hospital, eme…
Upon a sexual assault victim’s decision to participate in a medical assessment, as soon as practicable and in a manner consistent with the county’s sexual assault response team protocols adopted under ORS 147.401 and the protocols and procedures of the county child abuse multidisciplinary teams described in ORS 418.747, the provider of the medical assessment…
Chapter 2, Oregon Laws 1987, shall be known as the “CRIME VICTIMS’ BILL OF RIGHTS.” Note: Legislative Counsel has substituted “chapter 2, Oregon Laws 1987,” for the words “this Act” in sections 1, 2 and 18, chapter 2, Oregon Laws 1987, compiled as 147.405, 147.410 and 147.415. Specific ORS references have not been substituted, pursuant to 173.160. These sec…
We, the people of the State of Oregon, declare that victims of crime are entitled to fair and impartial treatment in our criminal justice system. The purpose of chapter 2, Oregon Laws 1987, is to declare to our legislature and our courts that victims’ rights shall be protected at each stage of the criminal justice system. We reject the notion that a criminal…
If any section, portion, clause or phrase of chapter 2, Oregon Laws 1987, is for any reason held to be invalid or unconstitutional, the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force in effect. Note: See note under 147.405.
As soon as is reasonably practicable in a criminal action in which there is a victim, a law enforcement agency shall notify a person who reasonably appears to be a victim of the offense of the person’s rights under section 42, Article I of the Oregon Constitution. The notice may be oral or written and written notice may be provided electronically. If exercis…
In any criminal proceeding in which a transcript, audiotape or videotape of the proceedings held in open court is prepared, the victim may obtain a copy of the transcript or tape by paying the court or the person who prepared the transcript or tape the actual cost of copying it. Note: See note under 147.417.
If a public body is the custodian of any of the following information, upon the request of the victim, the public body shall provide to the victim any of the following information of which it is the custodian and that is about the defendant or convicted criminal: The conviction and sentence; Criminal history; Imprisonment; and Future release from physica…
As used in this section: “Health care provider” has the meaning given that term in ORS 192.556. “Law enforcement agency” means: A city or municipal police department. A county sheriff’s office. The Oregon State Police. A district attorney. A police department established by a university under ORS 352.121 or 353.125. A special campus security officer …
A victim in a criminal or juvenile delinquency proceeding has the following rights: The right to have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed. The right to the prompt and final conclusion of the criminal or juvenile delinquency proceeding in any related appellate…
To accord crime victims due dignity and respect, a victim in a criminal proceeding described in subsection (2) of this section has, upon request to the district attorney before a judgment of conviction is entered, the following rights: The right to be notified by the district attorney of the victims’ rights described in this section and ORS 138.627 and 144.…
In any habeas corpus proceeding brought in federal court to which the State of Oregon is a party, the state shall comply with the rights afforded to crime victims under 18 U.S.C. 3771. Remedies for violations of 18 U.S.C. 3771 are as provided under federal law. Note: 147.438 was enacted into law by the Legislative Assembly but was not added to or made a par…
As used in ORS 147.450 to 147.471: “Domestic violence” has the meaning given that term in ORS 135.230 and includes teen dating violence. “Sexual assault” means any unwanted sexual contact as defined in ORS 163.305. “Teen dating violence” means: A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control…
There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys in the fund are continuously appropriated to the Department of Justice and shall be used by the department to carry out a program of domestic and sexual violence services that: Provides safety for and ass…
Prior to January 1, 2002, the Department of Justice shall develop a plan for the allocation of funds that are appropriated under section 32, chapter 870, Oregon Laws 2001, in collaboration with: The Department of Human Services; The Department of State Police; The Oregon Coalition Against Domestic and Sexual Violence; The Governor’s Council on Domestic V…
The Department of Justice, in developing the plan under ORS 147.456, shall consider ways to: Balance funding for intervention, infrastructure and prevention services; Prioritize services; Utilize local community plans reflecting local program service needs; Establish programs and services for victims of both domestic violence and sexual assault; Establi…
In administering the Oregon Domestic and Sexual Violence Services Fund, the Department of Justice shall: Expend no less than 15 percent of moneys distributed under the plan developed under ORS 147.456 on sexual assault services; and Expend no more than 10 percent of the moneys distributed under the plan on administrative costs. Note: See note under 147.45…
If sufficient funds are available in the Oregon Domestic and Sexual Violence Services Fund, the Attorney General or the Attorney General’s designee may make grants from the fund to carry out the plan developed under ORS 147.456. The Attorney General may hire staff necessary to accomplish the purposes of the plan developed under ORS 147.456. In accordance w…
To the extent that funds are available, the Department of Justice may: Pursue centralized training, technical assistance, policy development and implementation; Conduct statewide community outreach and public education; Develop innovative projects based on demonstrated effectiveness that address domestic and sexual violence; Provide information and polic…
There is created an advisory council that shall consist of at least 15, but not more than 20, members. The council shall advise the Department of Justice on the administration of the policies and practices of the domestic and sexual violence services program. Members shall be appointed by and serve at the pleasure of the Attorney General. Membership in the c…
The Fund to End Commercial Sexual Exploitation of Children is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fund to End Commercial Sexual Exploitation of Children shall be credited to the fund. All moneys deposited in the fund are continuously appropriated to the Department of Justice for the purposes …
As used in this section: “Adjudicated youth” has the meaning given that term in ORS 419A.004. “State agency” means any state officer, board, commission, bureau or department, or division thereof, in the executive branch of state government. “Youth” has the meaning given that term in ORS 419A.004. The Department of Justice, in consultation with the adviso…
As used in ORS 147.500 to 147.550: “Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution. “Claim” means the allegation and proposed remedy described in ORS 147.515 (1). “Crime” includes an act c…
A victim may assert a claim under ORS 147.500 to 147.550 personally, through an attorney or through an authorized prosecuting attorney. If the defendant or victim is represented by counsel, counsel for the defendant or victim shall be served or notified in lieu of service on or notification to a defendant or victim under ORS 147.500 to 147.550. A court may…
ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforc…
At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if: The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or reduced the defendant’s security amount; and The victim’s request is made no later th…
This section does not apply: In a juvenile delinquency proceeding; or In a criminal case in which no person has been determined to be the victim of the crime. At the beginning of each critical stage of the proceeding: The prosecuting attorney shall inform the court whether the victim is present. If the victim is not present, the prosecuting attorney sha…
Notwithstanding ORS 147.510, at the beginning of each judicial settlement conference, plea hearing or sentencing hearing, the prosecuting attorney shall inform the court whether the victim is present. If the victim is not present and the case involves a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165, the prosecuti…
A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts supporting the allegation. The victim shall describe the facts supporting the allegation …
Except as provided in subsection (3) of this section, the victim or the prosecuting attorney shall provide notice of a claim asserted by the victim to any person the victim wishes to have bound by an order granting relief by providing the person with a copy of the order to show cause described in this section. The victim or prosecuting attorney shall provide…
If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall: Make factual findings supported by the record; and Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution. If the court determines that the victim’s rights…
A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless th…
Pending the hearing described in ORS 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522. All other matters in the criminal proceeding shall continue in the ordinary course. In determining whether to…
A hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section. At the hearing, the court may receive evidence relevant to the claim or motion. As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person prov…
A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested: By a victim who had notice of a related claim and did neither of the following: File a response under ORS 147.517 (4); or Participate in a hearing under ORS 147.530; or By any person after: The date determined by the court under ORS 147.517 (2)(a) if the person is filing a respo…
Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS 147.537, 147.539 and 147.542. A defendant who seeks to appeal an order issued under ORS 147.515, 147.520 or 147.530 must do so in …
Appellate review of an order described in ORS 147.535 (4)(a) must be initiated by filing a notice of interlocutory appeal with the Supreme Court substantially in the form prescribed by rule of the Supreme Court. Review of the order is a matter of right. The person or party filing the notice of interlocutory appeal shall be identified as the appellant and th…
Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that: The Supreme Court’s jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating document is a petition for review, but the petition must be accompanied by the same…
The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal: Upon receipt of a notice of interlocutory appeal under ORS 147.537; or Upon the issuance of an order granting review under ORS 147.539. The Supreme Court may extend or reduce the length of or vacate the stay on its own mot…
Prior to the Attorney General’s first appearance in an appellate court proceeding in which the State of Oregon is a party and to which Article I, section 42 or 43, of the Oregon Constitution, applies, the Attorney General shall determine whether the Department of Justice has taken all reasonably practicable steps to fulfill the rights granted by Article I, s…
The Chief Justice of the Supreme Court may, by rule or order, establish requirements and procedures necessary to comply with the provisions of ORS 147.500 to 147.550. The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (4) and 147.515 (2)(a). The form described in ORS 147.515 (2)(a) must allow a victim to designate an a…
There is created the Task Force on Victims’ Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows: The Attorney General shall appoint: Two members employed by or associated with a group advocating for the rights of victims of crime; A member who represents the Department of Justice Crime Victims’ Services Div…
The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 to 147.550 and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, to receive claims of violations of rights granted to victims of crime in …
As used in this section: “Certified advocate” means a person who: Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and Is an employee or a volunteer of a qualified victim services program. “Confidential communication” means a written or oral com…
As used in ORS 147.607 and 147.610: “Offender” means a person who has engaged in the commission of a crime. “Participant” means a person who is a crime victim, survivor or offender. “Restorative justice communication” means: All communications, written and oral that are made in the course of, or in connection with, any phase of a restorative justice prog…
The Legislative Assembly finds and declares that: Restorative justice programs can promote justice and healing for crime victims and survivors. A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants’ maximum openness about a crime, or the impact of the crime, by providing the participants with the knowledge…
Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and: May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who provide support to the restorative justice program, for any purpose unrelated to the prog…
As used in this section: “Certifying agency” means: A state or local law enforcement agency; A prosecutor’s or district attorney’s office; The Judicial Department, with respect to a judge of a state court acting as a certifying official; A judge other than a judge of a state court; or Any other agency that has responsibility for the detection, investig…