Be It Enacted by the People of the State of Oregon:
 

SECTION 1. ORS 137.651 is amended to read:

137.651. As used in ORS 137.654, 137.656 and 137.658:

(1) "Commission" means the Oregon Criminal Justice Commission.

(2) "Criminal justice system" includes all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offenses, [or to] the disposition of offenders under the criminal law and the disposition or treatment of juveniles adjudicated to have committed an act which, if committed by an adult, would be a crime. The "criminal justice system" includes police, public prosecutors, defense counsel, courts, correction systems, mental health agencies, crime victims and all public and private agencies providing services in connection with those elements, whether voluntarily, contractually or by order of a court.
 

SECTION 2. 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

[(f)] (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.
 

SECTION 3. ORS 137.658 is amended to read:

137.658. (1) The chairperson of the Oregon Criminal Justice Commission may create any committees within the commission as the chairperson may think necessary. Persons who are not commission members may be appointed as members to serve on the committees with the approval of the commission.

(2) The chairperson shall appoint members of committees created under this section in such a manner as to ensure representation from all segments of the criminal justice system that are affected by the work of the committee. In selecting members for committee assignments, the chairperson shall consider, but is not limited to, representatives from the following:

(a) The Attorney General;

(b) The Director of the Department of Corrections;

(c) The chairperson of the State Board of Parole and Post-Prison Supervision;

(d) The Superintendent of State Police;

(e) The chief administrative employee of the Psychiatric Security Review Board;

(f) The administrator of the Mental Health and Developmental Disability Services Division;

(g) The Director of the Oregon Youth Authority;

[(g)] (h) Trial judges;

[(h)] (i) Judges of the Oregon Supreme Court or Court of Appeals;

[(i)] (j) Majority and minority parties of the House of Representatives and the Senate;

[(j)] (k) District attorneys;

[(k)] (L) Criminal defense attorneys;

[(L)] (m) County sheriffs;

[(m)] (n) County commissioners;

[(n)] (o) County community corrections [personnel] directors;

[(o)] (p) Chiefs of police;

[(p)] (q) Victims of crime;

[(q)] (r) The public at large; [and]

[(r)] (s) The director of a nonprofit entity created for the purpose of increasing understanding of the adult and juvenile justice systems and promotion of effective policies for prevention and control of crime; and

(t) Private contract providers.
 

SECTION 4. ORS 181.715 is amended to read:

181.715. (1) The Department of State Police shall establish a Criminal Justice Information Standards program [System] that coordinates information among state criminal justice agencies. The [system] program shall:

(a) [Insure] Ensure that in developing new information systems, data can be retrieved to support evaluation of criminal justice [programs and] planning and programs, including, but not limited to, the ability of the programs to reduce future criminal conduct;

(b) [Insure] Ensure that maximum effort is made for the safety of public safety officers;

(c) Establish methods and standards for data interchange and information access between criminal justice information systems, in compliance with the technology standards and policies of the Oregon Department of Administrative Services;

(d) Design and implement improved applications for exchange of agency information; and

(e) Implement the capability to exchange images between criminal justice agencies.

(2) As used in this section and ORS 181.720, "criminal justice agencies" includes, but is not limited to:

(a) The Judicial Department;

(b) The Department of Corrections;

(c) The Department of State Police;

(d) The Department of Transportation;

(e) The State Board of Parole and Post-Prison Supervision;

(f) The Board on Public Safety Standards and Training;

(g) The State Department of Fish and Wildlife; [and]

(h) The Oregon Liquor Control Commission;

(i) The Oregon Youth Authority; and

(j) The State Commission on Children and Families.
 

SECTION 5. ORS 181.725 is amended to read:

181.725. (1) There is established a Criminal Justice Information [Systems] Standards Advisory Board to advise the Department of State Police in the department's duties under ORS 181.715. The board consists of the following members:

(a) The State Court Administrator or the administrator's designee;

(b) The Director of the Department of Corrections or the director's designee;

(c) The Superintendent of State Police or the superintendent's designee;

(d) The Executive Director of the Oregon Criminal Justice Commission or the executive director's designee;

(e) The Director of Transportation or the director's designee;

(f) The chairperson of the State Board of Parole and Post-Prison Supervision or the chairperson's designee;

(g) The executive director of the Board on Public Safety Standards and Training or the executive director's designee;

(h) A chief of police designated by the Oregon Association of Chiefs of Police;

(i) A sheriff designated by the Oregon Sheriffs' Association;

(j) A jail manager designated by the Oregon Jail Managers' Association; [and]

(k) The administrator of the information resource management division of the Oregon Department of Administrative Services or the administrator's designee [.];

(L) The Director of the Oregon Youth Authority or the director's designee;

(m) The State Fish and Wildlife Director or the director's designee;

(n) The administrator of the Oregon Liquor Control Commission or the administrator's designee; and

(o) The staff director of the State Commission on Children and Families or the staff director's designee.

(2) The board shall meet at such times and places as the board deems necessary.

(3) The members of the board are not entitled to compensation but are entitled to expenses as provided in ORS 292.495.
 

SECTION 6. ORS 420A.005 is amended to read:

420A.005. As used in ORS 420A.005 to 420A.155, unless the context requires otherwise:

(1) "Cognitive restructuring" means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals.

(2) "Director" means the Director of the Oregon Youth Authority.

(3) "Reformation plan" means a written plan prepared by the Oregon Youth Authority that is tailored to the youth offender's unique requirements as identified by the initial assessment. "Reformation plan" includes, but is not limited to, a plan for medical, educational, vocational, social and psychological services and training as well as other rehabilitative services designed to reduce future criminal and antisocial conduct and to provide the youth offender with clear expectations about what programs must be successfully completed by the youth offender.

(4) "Youth authority" means the Oregon Youth Authority.

(5) "Youth correction facility" has the meaning given that term in ORS 420.005.

(6) "Youth offender" has the meaning given that term in ORS 419A.004.
 

SECTION 7. ORS 420A.010 is amended to read:

420A.010. (1) The Oregon Youth Authority is established. The youth authority shall:

(a) Supervise the management and administration of youth correction facilities, state parole and probation services, community out-of-home placement for youth offenders and other functions related to state programs for youth corrections;

(b) Provide capital improvements and capital construction necessary for the implementation of all youth correction facilities;

(c) Carry out dispositions of youth offenders committed to its legal custody;

(d) Exercise custody and supervision over those youth offenders committed to the youth authority by order of the juvenile court and persons placed in the physical custody of the youth authority under ORS 137.124 or other statute until the time that a lawful release authority authorizes release or terminates the commitment or placement;

(e) Provide adequate food, clothing, health and medical care, sanitation and security for confined youth offenders and others in youth authority custody;

(f) Provide youth offenders and others in youth authority custody with opportunities for self-improvement and work; and

(g) Conduct investigations and prepare reports for release authorities.

(2) To meet the individual circumstances of each person committed to its custody, the youth authority shall:

(a) Develop a flexible fee-for-service provider system that can respond quickly to each person's identified and changing circumstances; and

(b) Develop a process for joint state and county review of contracts entered into under subsection (6)(b) of this section and paragraph (a) of this subsection based on:

(A) Measurable outcomes, which must include in dominant part the reduction of future criminal or antisocial conduct and which also must include [including] :

(i) Academic progress;

(ii) Social adjustments;

(iii) Behavioral improvements;

(iv) Rearrests; and

(v) Other measurements as determined by the youth authority;

(B) Performance measurements including:

(i) Fiscal accountability;

(ii) Compliance with state and federal regulations;

(iii) Record keeping, including data collection and management; and

(iv) Reporting; and

(C) Provision of services identified under the reformation plan.

(3) In order to measure performance as required in subsection (2) of this section, the youth authority shall require parties to the contracts to compile, manage and exchange data to the extent of available information systems resources to facilitate the measurement of outcomes including, but not limited to, reduction in future criminal or antisocial conduct.

[(3)] (4) The youth authority may administer a program of state assistance to counties for the construction and operation of local youth detention facilities or to purchase detention services.

[(4)] (5) The youth authority shall accept and exercise legal or physical custody of youth offenders and others 12 years of age and over and under 25 years of age who are committed to, or placed with, the youth authority pursuant to:

(a) A juvenile court adjudication and disposition under ORS chapter 419C; or

(b) ORS 137.124.

[(5)] (6) (a) The youth authority shall cooperate with and assist county governments and juvenile departments in carrying out the principles and purposes of the juvenile justice system as provided in ORS 419C.001.

(b) The youth authority is authorized to contract with counties, groups of counties or private providers to administer juvenile corrections programs and services as provided in ORS 420.017, 420.019, 420A.145 and 420A.155 (1) to (4).

(c) The youth authority may provide consultation services related to the juvenile justice system to local or statewide public or private agencies, groups and individuals or may initiate such consultation services. Consultation services include, but are not limited to, conducting studies and surveys, sponsoring or participating in educational programs and providing advice and assistance. Nothing in ORS 419C.001 and 420A.005 to 420A.155 is intended to diminish the state's efforts to plan, evaluate and deliver effective human services programs to youth offenders, either in a youth correction facility or on probation or parole. Therefore, the Oregon Youth Authority and the Department of Human Resources shall jointly develop and implement needed social and rehabilitative services.

[(6)] (7) The youth authority shall be the recipient of all federal funds paid or to be paid to the state to enable the state to provide youth correction programs and services assigned to the Department of Human Resources prior to January 1, 1996.

[(7)] (8) The youth authority shall report its progress in implementing the provisions of chapter 422, Oregon Laws 1995, to the Legislative Assembly at each regular session.

[(8)] (9) The equal access provisions of ORS 417.270 apply to the youth authority's development and administration of youth correction facilities, programs and services, including the development and implementation of the statewide diversion plan described in ORS 420.017.

[(9)] (10) The youth authority shall:

(a) Be cognizant of and sensitive to the issue of overrepresentation of minority youth in youth correction facilities;

(b) Endeavor to develop and operate, and require its subcontractors to develop and operate, culturally appropriate programs for youth offenders; and

(c) Keep data reflecting the ethnicity and gender of all youth offenders committed to its care.

[(10)] (11) The youth authority is a designated agency as defined in ORS 181.010.
 

SECTION 8. ORS 420A.012 is amended to read:

420A.012. (1) No later than January 1, 1996, the Oregon Youth Authority, in consultation with the State Commission on Children and Families and the Oregon Juvenile Department Directors' Association, shall adopt one or more definitions of recidivism and establish a recidivism reporting system applicable to youth offenders. The definition must be designed to address outcomes including, but not limited to, community safety and rehabilitation.

(2) Prior to March 1, 1996, and annually thereafter, the juvenile department of a county shall submit to the Oregon Youth Authority, in the form established under subsection (1) of this section, statistical data relating to the recidivism of delinquent youths experienced by the county during the previous year.

(3) Prior to April 1, 1996, and annually thereafter, the Oregon Youth Authority shall publish a comprehensive report that includes the data provided by the counties under subsection (2) of this section and similar data that measures the recidivism of youths supervised by the youth authority who are on probation or parole.

(4) The Oregon Youth Authority shall cooperate and, to the extent of available information systems resources, shall share data with the Department of Corrections to enable the department to track youth offenders who later enter the adult corrections system and to assess the effect of juvenile corrections on future criminal conduct that occurs during and after supervision by the Oregon Youth Authority and county juvenile departments. The department shall manage data under this subsection in a manner consistent with the confidentiality of juvenile court records and the effectiveness of orders of expunction.
 

SECTION 9. ORS 423.478 is amended to read:

423.478. (1) The Department of Corrections shall:

(a) Operate prisons for offenders sentenced to terms of incarceration for more than 12 months;

(b) Provide central information and data services sufficient to:

(A) Allow tracking of offenders; and

(B) Permit analysis of correlations between sanctions, supervision, services and programs, and future criminal conduct; and

(c) Provide interstate compact administration and jail inspections.

(2) Subject to ORS 423.483, the county, in partnership with the department, shall 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, on or after January 1, 1997, to 12 months or less incarceration; and

(e) Sanctioned, on or after January 1, 1997, 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.

(3)(a) Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124 (2) or (4), the supervisory authority may execute the sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority.

(b) If the supervisory authority imposes a sanction other than incarceration on a person under paragraph (a) of this subsection, the supervisory authority shall promptly notify the sentencing court and the district attorney of the imposition of the alternative sanction.

(c) Prior to the imposition of a sanction other than incarceration by the supervisory authority, or within four judicial days after receiving notice from the supervisory authority that an alternative sanction has been imposed on a person pursuant to paragraph (a) of this subsection, the court, upon motion of the district attorney or on its own motion, may direct the supervisory authority to execute the sentence by incarcerating the person.
 

SECTION 10. ORS 423.520 is amended to read:

423.520. The Department of Corrections shall make grants to assist counties in the implementation and operation of community corrections programs including, but not limited to, preventive or diversionary correctional programs, probation, parole, work release and local correctional facilities and programs for offenders. The department shall require recipients of the grants to cooperate, to the extent of available information systems resources, in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct.
 

SECTION 11. ORS 423.525, as amended by section 4a, chapter 423, Oregon Laws 1995, and section 7, chapter 4, Oregon Laws 1996, is amended to read:

423.525. (1) A county, group of counties or intergovernmental corrections entity shall apply to the Director of the Department of Corrections in a manner and form prescribed by the director for funding made available under ORS 423.500 to 423.560. The application shall include a community corrections plan. The Department of Corrections shall provide consultation and technical assistance to counties to aid in the development and implementation of community corrections plans.

(2)(a) From July 1, 1995, until June 30, 1999, a county, group of counties or intergovernmental corrections entity may make application requesting funding for the construction, acquisition, expansion or remodeling of correctional facilities to serve the county, group of counties or intergovernmental corrections entity. The department shall review the application for funding of correctional facilities in accordance with criteria that consider design, cost, capacity, need, operating efficiency and viability based on the county's, group of counties' or intergovernmental corrections entity's ability to provide for ongoing operations.

(b)(A) If the application is approved, the department shall present the application with a request to finance the facility with financing agreements to the State Treasurer and the Director of the Oregon Department of Administrative Services. Except as otherwise provided in subparagraph (B) of this paragraph, upon approval of the request by the State Treasurer and the Director of the Oregon Department of Administrative Services, the facility may be financed with financing agreements, and certificates of participation issued pursuant thereto, as provided in ORS 283.085 to 283.092. All decisions approving or denying applications and requests for financing under this section are final. No such decision is subject to judicial review of any kind.

(B) If requests to finance county correctional facility projects are submitted after [the effective date of this 1996 Act] February 22, 1996, and the requests have not been approved by the department on the date a session of the Legislative Assembly convenes, the requests are also subject to the approval of the Legislative Assembly.

(c) After approval but prior to the solicitation of bids or proposals for the construction of a project, the county, group of counties or intergovernmental corrections entity and the department shall enter into a written agreement that determines the procedures, and the parties responsible, for the awarding of contracts and the administration of the construction project for the approved correctional facility. If the parties are unable to agree on the terms of the written agreement, the Governor shall decide the terms of the agreement. The Governor's decision is final.

(d) After approval of a construction project, the administration of the project shall be conducted as provided in the agreement required by paragraph (c) of this subsection. The agreement must require at a minimum that the county, group of counties or intergovernmental corrections entity shall submit to the department any change order or alteration of the design of the project that, singly or in the aggregate, reduces the capacity of the correctional facility or materially changes the services or functions of the project. The change order or alteration is not effective until approved by the department. In reviewing the change order or alteration, the department shall consider whether the implementation of the change order or alteration will have any material adverse impact on the parties to any financing agreements or the holders of any certificates of participation issued to fund county correctional facilities under this section. In making its decision, the department may rely on the opinions of the Department of Justice, bond counsel or professional financial advisers.

(3) Notwithstanding ORS 283.085, for purposes of this section, "financing agreement" means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement to finance a correctional facility described in this section, or to refinance a previously executed financing agreement for the financing of a correctional facility. The state is not required to own or operate a correctional facility in order to finance it under ORS 283.085 to 283.092 and this section. The state, an intergovernmental corrections entity, county or group of counties may enter into any agreements, including, but not limited to, leases and subleases, that are reasonably necessary or generally accepted by the financial community for purposes of acquiring or securing financing as authorized by this section. In financing county correctional facilities under this section, " property rights" as used in ORS 283.085 includes leasehold mortgages of the state's rights under leases of correctional facilities from counties.

(4) Notwithstanding any other provision of state law, county charter or ordinance, a county may convey or lease to the State of Oregon, acting by and through the Department of Corrections, title to interests in, or a lease of, any real property, facilities or personal property owned by the county for the purpose of financing the construction, acquisition, expansion or remodeling of a correctional facility. Upon the payment of all principal and interest on, or upon any other satisfaction of, the financing agreement used to finance the construction, acquisition, expansion or remodeling of a correctional facility, the state shall reconvey its interest in, or terminate and surrender its leasehold of, the property or facilities, including the financed construction, acquisition, expansion or remodeling, to the county. In addition to any authority granted by ORS 283.089, for the purposes of obtaining financing, the state may enter into agreements under which the state may grant to trustees or lenders leases, subleases and other security interests in county property conveyed or leased to the state under this subsection and in the property or facilities financed by financing agreements.

(5) In connection with the financing of correctional facilities, the Director of the Oregon Department of Administrative Services may bill the Department of Corrections, and the Department of Corrections shall pay the amounts billed, in the same manner as provided in ORS 283.089. As required by ORS 283.091, the Department of Corrections and the Oregon Department of Administrative Services shall include in the Governor's budget request to the Legislative Assembly all amounts that will be due in each fiscal period under financing agreements for correctional facilities. Amounts payable by the state under a financing agreement for the construction, acquisition, expansion or remodeling of a correctional facility are limited to available funds as defined in ORS 283.085, and no lender, trustee, certificate holder or county has any claim or recourse against any funds of the state other than available funds.

(6) The director shall adopt rules that may be necessary for the administration, evaluation and implementation of ORS 423.500 to 423.560. The standards shall be sufficiently flexible to foster the development of new and improved supervision or rehabilitative practices and maximize local control.

(7) When a county assumes responsibility under ORS 423.500 to 423.560 for correctional services previously provided by the department, the county and the department shall enter into an intergovernmental agreement that includes a local community corrections plan consisting of program descriptions, budget allocation, performance objectives and methods of evaluating each correctional service to be provided by the county. The performance objectives must include in dominant part reducing future criminal conduct. The methods of evaluating services must include, to the extent of available information systems resources, the collection and analysis of data sufficient to determine the apparent effect of the services on future criminal conduct.

(8) All community corrections plans shall comply with rules adopted pursuant to ORS 423.500 to 423.560, and shall include but need not be limited to an outline of the basic structure and the supervision, services and local sanctions to be applied to offenders convicted of felonies who are:

(a) On parole;

(b) On probation;

(c) On post-prison supervision;

(d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; and

(e) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision.

(9) All community corrections plans shall designate a community corrections manager of the county or counties and shall provide that the administration of community corrections under ORS 423.500 to 423.560 shall be under such manager.

(10) No amendment to or modification of a county-approved community corrections plan shall be placed in effect without prior notice to the director for purposes of statewide data collection and reporting.

(11) The obligation of the state to provide funding and the scheduling for providing funding of a project approved under this section is dependent upon the ability of the state to access public security markets to sell financing agreements.

(12)(a) No later than January 1 of each odd-numbered year, the Department of Corrections shall:

(A) Evaluate the community corrections policy established in ORS 423.475, 423.478, 423.483 and 423.500 to 423.560;

(B) Assess the effectiveness of local revocation options; and (C) Determine the actual impact and cost of managing the offenders described in ORS 423.478 (2).

(b) The information obtained by the department under this subsection shall be factored into the establishment of baseline funding levels for the following biennium.
 

SECTION 12. ORS 423.555 is amended to read:

423.555. The Department of Corrections shall establish and operate, with the cooperation and participation of county community corrections agencies, a statewide evaluation and information system to monitor the effectiveness of correctional services provided to criminal offenders under ORS 423.500 to 423.560. To the extent of available information systems resources, the system shall permit ongoing evaluation of apparent correlations between services provided and future criminal conduct.
 

SECTION 13. ORS 420.011, as amended by section 28, chapter 423, Oregon Laws 1995, is amended to read:

420.011. (1) Except as provided in subsections (2) and (3) of this section, admissions to the youth correction facilities are limited to persons 12 years of age and older but less than 19 years of age, found by the juvenile court to be within the court's jurisdiction for committing an act that if committed by an adult would constitute aggravated murder, murder, a felony or a Class A misdemeanor and placed in the legal custody of the Oregon Youth Authority. No youth under the age of 12 years may be admitted to, received by or cared for in a youth correction facility. No youth admitted to a youth correction facility shall be transferred by administrative process to any penal or correctional institution.

(2)(a) In addition to the persons placed in the legal custody of the youth authority under ORS 419C.478 (1) or 419C.481, and with the concurrence of the Director of the Oregon Youth Authority or the director's designee, persons who are committed to the Department of Corrections under ORS 137.124 and meet the requirements of ORS 137.124 (1)(b) or (5) may be temporarily assigned to a youth correction facility as provided by ORS 137.124 (1)(b) or (5). A person assigned on such a temporary basis remains within the legal custody of the Department of Corrections and such reassignment is subject to termination by the Director of the Oregon Youth Authority by referring the person back to the Department of Corrections as provided in paragraph (b) of this subsection.

(b) After a person is transferred to the physical custody of the youth authority under ORS 137.124 (1)(b) or (5), the Director of the Oregon Youth Authority may refer the person back to the Department of Corrections for physical custody and placement if the director, after consulting with the Department of Corrections, determines that the person:

(A) Poses a substantial danger to youth authority staff or persons in the custody of the youth authority; or

(B) Is not likely, in the foreseeable future, to benefit from the rehabilitation and treatment programs administered by the youth authority and is appropriate for placement in a Department of Corrections institution.

(3) Any person under 18 years of age who, after waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370, is sentenced to a term of imprisonment in the custody of the Department of Corrections, and any person under 16 years of age who after waiver is sentenced to a term of imprisonment in the county jail, shall be temporarily assigned to a youth correction facility by the Department of Corrections, or by the sheriff to whose custody the person has been committed, pursuant to ORS 137.124 (6). The director shall designate the appropriate youth correction facility or schools for such assignment. A person assigned to a youth correction facility under ORS 137.124 (6) and this subsection remains within the legal custody of the Department of Corrections or sheriff to whose custody the person was committed. The assignment of such a person to the youth correction facility is subject, when the person is 16 years of age or older, to termination by the director by referring the person back to the Department of Corrections or the sheriff to serve the balance of the person's sentence. Assignment to a youth correction facility pursuant to ORS 137.124 (6) and this subsection, if not terminated earlier by the director, shall terminate upon the person's attaining the age specified in ORS 420A.010 [(4)] (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the person, and the person shall be referred to the Department of Corrections or the sheriff having legal custody of the person to serve the balance of the person's sentence.

(4) Whenever a person committed to the custody of the Department of Corrections is temporarily assigned to a youth correction facility pursuant to this section, the youth authority shall have authority to provide such programs and treatment for such person, and to adopt rules relating to conditions of confinement at the youth correction facility, as the youth authority determines are appropriate. However, the person shall remain subject to laws and rules of the State Board of Parole and Post-Prison Supervision relating to parole.
 

SECTION 14. ORS 420.120 is amended to read:

420.120. (1) The MacLaren School, located in Marion County, is a training school for youth offenders within the age range specified in ORS 420A.010 [(4)] (5). The Director of the Oregon Youth Authority shall equip, conduct, maintain and supervise the school in the same manner as the director does other institutions within the Oregon Youth Authority.

(2) The superintendent, subordinate officers and employees of the school shall use their best and consistent endeavors to meet the principles and guidelines set forth in ORS 419C.001.

(3) The chief objectives of the school are to meet the principles and guidelines set forth in ORS 419C.001, but these objectives do not prevent the confinement and discipline of youth offenders in the school.

(4) The superintendent, subject to the approval of the director, may appoint one or more assistant superintendents, who shall be in the unclassified service for purposes of the State Personnel Relations Law.
 

SECTION 15. ORS 420.320 is amended to read:

420.320. (1) The Hillcrest School of Oregon, located in Marion County, is a training school for youth offenders within the age range specified in ORS 420A.010 [(4)] (5). (2) The superintendent, subordinate officers and employees of the school shall use their best and consistent endeavors to meet the principles and guidelines set forth in ORS 419C.001.

(3) The chief objectives of the school are to meet the principles and guidelines set forth in ORS 419C.001, but these objectives do not prevent the confinement and discipline of youth offenders in the school.

(4) The superintendent, subject to the approval of the Director of the Oregon Youth Authority, may appoint one or more assistant superintendents, who shall be in the unclassified service for purposes of the State Personnel Relations Law.
 

SECTION 16. ORS 420.505 is amended to read:

420.505. (1) A youth offender at a youth correction facility may apply for admission to an institution for the mentally ill. The application may be made on behalf of the youth offender by the parents or legal guardian of the youth offender. However, the superintendent shall not be required to cause the examination of a youth offender who applies under this section more often than once in six months.

(2) Within five working days after receipt of the application, the superintendent of the youth correction facility shall cause the youth offender to be examined by one or more qualified persons at the school and shall request the examination of the youth offender by one or more qualified persons employed or designated by the Mental Health and Developmental Disability Services Division. The examination conducted or authorized by the Mental Health and Developmental Disability Services Division shall take place within five working days after receipt of the request from the superintendent. The examiners shall prepare separate reports and shall submit such reports to the superintendent. A copy of the reports shall be given to the applicant.

(3) If the superintendent finds that there is a probable cause to believe that the youth offender is mentally ill and that it would be in the best interests of the youth offender to be admitted to an institution under the jurisdiction of the Mental Health and Developmental Disability Services Division, the superintendent shall notify the Mental Health and Developmental Disability Services Division and shall order the youth offender transferred pursuant to ORS 179.475.

(4) No youth offender at a youth correction facility voluntarily admitted to any state institution for the mentally ill under ORS 179.475 shall be detained therein more than 72 hours after the youth offender is of the age specified in ORS 420A.010 [(4)] (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the youth offender and has given notice in writing of the desire of the youth offender to be released. If the youth offender is under the age specified in ORS 420A.010 [(4)] (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the youth offender, the youth offender may be returned to the youth correction facility after notice in writing has been given by the parent or legal guardian of the youth offender, that such parent or guardian desires that the youth offender be discharged from the state institution for the mentally ill.
 

SECTION 17. ORS 181.720 is amended to read:

181.720. State criminal justice agencies, as part of their biennial information resource management plan, shall address the goals of the Criminal Justice Information [System] Standards program with particular attention to data access, availability and information sharing among criminal justice agencies. The plans must be based on industry standards for open systems to the greatest extent possible. A state criminal justice agency shall submit a copy of its information resource management plan to the Criminal Justice Information [Systems] Standards Advisory Board.

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