Or. Admin. Code § 137-065-0200

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-065-0200 - Services for Victims of Bias Crimes and Incidents

A Bias incident means a hostile expression of animus toward another person, their family, property, and/or pet, relating to the other person's actual or perceived race, color, national origin, sexual orientation, gender identity, disability, and/or religion of which criminal investigation or prosecution is impossible or inappropriate.

(1) "Hostile expression of animus" means a person's act, process, or instance of:

(a) Representing or conveying

(b) Deep-seated ill will, antagonism, or hostility, even if controlled;

(c) In actions, words, or some other medium; and

(d) Toward another group, community, person, their family, property, or pet.

(2) Safety planning" means assisting in the creation of a personalized, individual plan to:

(a) Address specific safety concerns resulting from the hate or bias activity;

(b) Manage risk factors of reencountering hate or bias activity (e.g.- avoiding locations that make the victim feel unsafe; using different routes to work, school, or home; traveling with a friend; traveling during times of day that would help the victim feel safer);

(c) Identify natural, personal, or community support resources (friends, family, neighbors, community organization);

(d) Collaborate with the victim to establish actions and options to increase safety and well-being; and

(e) Utilize community support that is culturally- and/or population-specific and/or culturally- and/or population-appropriate/responsive.

(3) "Trauma-informed practices" are those which promote a culture of safety, empowerment, and healing. Such practices include but are not limited to:

(a) Recognizing how widespread trauma is;

(b) Recognizing the impact of trauma can be both emotional and physiological;

(c) Understanding that every person may have experienced serious trauma; and

(d) Assuming a person may have a history of trauma and actively working to avoid re-traumatization (i.e. avoid creating an environment that inadvertently reminds the survivor of their traumatic experiences and causes them to experience emotional and physiological stress).

(4) Local Qualifying Victims Services program means:

(a) A community based or non-profit organization;

(b) With a history of fostering a safe and welcoming community;

(c) Whose work includes, in whole or in part, supporting victims of hate and bias activity;

(d) Whose employee and volunteer advocates have either received 40+ hours of training in anti-bias, anti-racism, and anti-oppression advocacy response or have received certification from Oregon Department of Justice Hate Crimes and Bias Response Program; or

(e) A government program;

(f) That commits to fostering a safe and welcoming community including prominently displaying inclusive and welcoming signage;

(g) Whose agency is trained and centered in equity, trauma-informed practices, and promoting client safety; and

(h) Whose employee and volunteer advocates have either received 40+ hours of training in anti-bias, anti-racism, and anti-oppression advocacy response or have received certification from Oregon Department of Justice Bias Response Hotline in anti-bias advocacy.

(5) The provisions of these rules shall apply retroactively to November 17, 2020, the date the temporary rules expired.

Or. Admin. Code § 137-065-0200

DOJ 63-2020, adopt filed 12/24/2020, effective 12/24/2020

Statutory/Other Authority: ORS 147.380 & Senate Bill 577

Statutes/Other Implemented: ORS 166.155, ORS 137.678 & ORS 181A.225