ORS tit. 14, ch. 151, MISCELLANEOUS, TEMPORARY PROVISIONS RELATING to UNREPRESENTED DEFENDANT CRISIS ARE COMPILED AS NOTES FOLLOWING ORS 151.505
ORS tit. 14, ch. 151, MISCELLANEOUS, TEMPORARY PROVISIONS RELATING to UNREPRESENTED DEFENDANT CRISIS ARE COMPILED AS NOTES FOLLOWING ORS 151.505
Sections 103, 104, 107 and 108, chapter 281, Oregon Laws 2023, provide:
Sec. 103. The Legislative Assembly finds that:
(1) Oregonians accused of a crime are entitled, under the Sixth and Fourteenth Amendments of the United States Constitution, and Article I, section 11, of the Oregon Constitution, to have an attorney provided at government expense whenever the person is facing the potential loss of liberty and is unable to afford an attorney.
(2) The current unrepresented defendant crisis represents a threat to the constitutional rights of Oregonians and must be resolved. [2023 c. 281, § 103]
Sec. 104. (1)(a) The presiding judge of each judicial district shall immediately develop and implement a coordinated public safety unrepresented defendant crisis plan, and submit the plan to the Oregon Criminal Justice Commission, as soon as practicable and no later than September 1, 2023.
(b) The plan described in this subsection must first prioritize the resolution of the cases of unrepresented defendants who are in custody, and then the cases of unrepresented defendants who are out of custody.
(2) The presiding judge of a judicial district with a total population of over 100,000 shall immediately convene a crisis team to assist in the development of the plan and to coordinate the implementation of the plan described in subsection (1) of this section. The team shall be composed of at least the following persons:
(a) The presiding judge of the judicial district;
(b) District attorneys within the judicial district; and
(c) The public defense services executive director, or the director's designee.
(3) The Chief Justice of the Supreme Court may issue orders related to resolving the unrepresented defendant crisis.
(4) The presiding judge of a judicial district may enter standing orders related to resolving the unrepresented defendant crisis that are consistent with the orders of the Chief Justice described in subsection (3) of this section and the plan of the judicial district described in subsection (1) of this section. [2023 c. 281, § 104]
Sec. 107. All agencies of state government, as defined in ORS 174.111, are directed to assist the presiding judges of judicial districts, the Public Defense Services Commission and the Oregon Criminal Justice Commission in the performance of their duties under sections 104 to 106 of this 2023 Act and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice to the judges and commissions necessary to perform their duties. [2023 c. 281, § 107]
Sec. 108. Sections 103 to 107 of this 2023 Act are repealed on June 30, 2025. [2023 c. 281, § 108]