ORS § 151.235

Current through 2024 Regular Session legislation

Section 151.235 - Public defense population forecasts

(1) The Oregon Department of Administrative Services shall issue state public defense population forecasts including, but not limited to, expected populations of adults and juveniles eligible for appointed counsel, to be used by:

(a) The Oregon Public Defense Commission, in preparing budget requests or for any other purpose determined necessary by the commission; or

(b) Any other state agency concerned with the effect of public defense populations or policy developments on budgeting.

(2) The department shall issue state public defense population forecasts on April 15 and October 15 of each year.

(3) When the department issues a state public defense population forecast, the forecast must:

(a) Discretely identify adult and juvenile populations that are eligible for appointed counsel categorized by either circuit or appellate court;

(b) Identify the forecast's margin of error for adult and juvenile populations; and

(c) Attribute growth or decline in the forecast, relative to previously issued forecasts, to specific policies or to specific components of the baseline underlying the forecast.

(4) The Oregon Public Defense Commission, the Oregon Criminal Justice Commission, the Judicial Department and, if requested by the Oregon Department of Administrative Services, any other state agency, shall provide the Oregon Department of Administrative Services with any information necessary for the department to prepare the forecasts described in this section.

(5) As used in this section, "baseline underlying the forecast" includes population demographics and crime trends.

ORS 151.235

Added by 2023 ch. 281, § 7a

151.235 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Sections 96 and 97, chapter 281, Oregon Laws 2023, provide:

Sec. 96. (1)(a) The Oregon Public Defense Commission shall conduct a survey and economic analysis to establish a formula for the commission to use to calculate an hourly pay rate, taking into account overhead expenses, market rates and regional differences in the cost of living, for appointed counsel who are not employees of the commission or a nonprofit public defense organization.

(b) The commission may conduct the survey and economic analysis internally or may contract with an outside entity. The survey and economic analysis must be completed and the hourly pay rate calculated no later than July 1, 2025.

(c) After the hourly pay rate described in paragraph (a) of this subsection has been calculated, and beginning with contracts entered into on or after July 1, 2027, the hourly pay for appointed counsel who are not employees of the commission or a nonprofit public defense organization may not be lower than that amount.

(d) The commission may conduct another survey and economic analysis as described in this subsection to establish a new formula and calculate a new hourly pay rate.

(2)(a) By January 1, 2031, at least 20 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission.

(b) By January 1, 2035, at least 30 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission. [2023 c. 281, § 96]

Sec. 97. Section 96 of this 2023 Act is repealed on January 2, 2035. [2023 c. 281, § 97]

Sections 98 and 99, chapter 281, Oregon Laws 2023, provide:

Sec. 98. (1) No later than May 15, 2024, the Oregon Public Defense Commission shall provide a comprehensive report on the commission's plan for providing public defense services in this state to the interim committees of the Legislative Assembly related to the judiciary, in the manner described in ORS 192.245, that includes at least the following information:

(a) Financial projections for the commission based on anticipated workload;

(b) A description of the commission's proposed method for providing public defense services based on anticipated workload;

(d) Steps taken to determine a reasonable hourly rate for appointed counsel who are not employees of the commission or nonprofit public defense organizations that accounts for overhead expenses; and

(e) Steps taken to improve oversight and enforcement of statewide objective standards for the provision of public defense.

(2) No later than December 1, 2025, and no later than December 1, 2026, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section.

(3) Beginning no later than December 1, 2027, and biennially thereafter until December 1, 2035, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section. [2023 c. 281, § 98]

Sec. 99. Section 98 of this 2023 Act is repealed on January 2, 2036. [2023 c. 281, § 99]