ORS 137.835: Justice Reinvestment Program; rules.

(1)(a) The Oregon Criminal Justice Commission shall administer the Justice Reinvestment Program described in this section to award grants to counties that establish a process to assess individuals involved in the criminal justice system and provide a continuum of community-based sanctions, services and programs that are designed to reduce recidivism and decrease the county’s utilization of imprisonment in a Department of Corrections institution while protecting public safety and holding such individuals accountable.

      (b) As part of the program described in this section, the commission shall additionally make grants to counties for programs that are designed to reduce recidivism and substance use disorders and that are guided by evidence-based and, if applicable, tribal-based practices, risk and clinical assessment tools or other research-based considerations. The grants may be used to provide supplemental funding for:

      (A) The operation of local jails;

      (B) Appropriate treatment services for persons with substance use disorder who are on probation, parole or post-prison supervision; or

      (C) The intensive supervision of persons with substance use disorder who are on probation, parole or post-prison supervision, including the incarceration of persons with substance use disorder who have violated the terms and conditions of probation, parole or post-prison supervision.

      (c) The commission shall further establish a program to award supplemental grant funds to counties for downward departure prison diversion programs as part of the program described in this section. The commission shall use any moneys appropriated to the commission for the supplemental grant program described in this paragraph, including any moneys appropriated to or deposited in the Oregon Public Safety Fund established under ORS 137.838 for grants described in this paragraph, to award supplemental grant funds for downward departure prison diversion programs to counties selected by the commission to receive the funds.

      (2) Funding available to the Justice Reinvestment Program, including funds described in subsection (1)(b) and (c) of this section, shall be apportioned in the following order:

      (a) No less than 10 percent of grant funds awarded under this section must be distributed to community-based nonprofit organizations that provide services to victims of crime, with priority given to culturally specific organizations and culturally responsive services.

      (b) No less than 15 percent of grant funds shall be retained by the commission for the purpose of funding local public safety priorities and awarded to grant recipients who meet the goals described in ORS 137.830 (9)(d).

      (c) Remaining funds shall be apportioned in accordance with the formula used to distribute baseline funding under ORS 423.483.

      (d) The commission may retain up to three percent of the funds described in paragraph (c) of this subsection to support analysis or evaluation of outcome measures related to public safety in this state.

      (3)(a) The commission shall regularly evaluate the community-based sanctions, services and programs funded under this section. The commission shall specifically assess:

      (A) The extent to which each county is reducing utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717, 475.752 to 475.980, 811.182, 813.010 or 813.011; and

      (B) The extent to which each county is reducing recidivism by offenders convicted of felonies under ORS 137.717, 475.752 to 475.980, 811.182, 813.010 or 813.011.

      (b) The commission shall make the results of an evaluation conducted under this section available to the public in a clear and accessible format, either in a report or on the website of the commission.

      (4) The commission may adopt rules to administer the Justice Reinvestment Program, including:

      (a) A methodology for reviewing and approving grant applications and awarding grants;

      (b) A process for distributing any unallocated funds, with priority given to counties funding programs for historically underserved communities including rural communities, racial, ethnic and minority communities and tribal communities;

      (c) A process for evaluating the efficacy of community-based sanctions, services and programs funded under this section;

      (d) Provisions related to requests by grant recipients to adjust their grant awards; and

      (e) Provisions related to partnerships or collaborations between applicants.

      (5) As used in this section:

      (a) “Culturally responsive service” means a service that is respectful of, and relevant to, the beliefs, practices, cultures and linguistic needs of diverse consumer or client populations and communities whose members identify as having particular cultural or linguistic affiliations by virtue of their place of birth, ancestry or ethnic origin, religion, preferred language or language spoken at home. A culturally responsive service has the capacity to respond to the issues of diverse communities and require knowledge and capacity at systemic, organizational, professional and individual levels of intervention.

      (b) “Culturally specific organization” means an organization, or a program within an organization, that serves a particular cultural community, that is primarily staffed and led by members of that community and that demonstrates self-advocacy, positive cultural identity and intimate knowledge of the lived experience of the community, including but not limited to:

      (A) The impact of structural and individual racism or discrimination on the community;

      (B) Specific disparities in access to services and resources experienced by the community; and

      (C) Community strengths, cultural practices, beliefs and traditions.

      (c) “Intensive supervision” means the active monitoring of a person’s performance in a treatment program by a parole and probation officer and the imposition of sanctions, or request to a court for sanctions, if the person fails to abide by the terms and conditions of the treatment program.