This text of Oregon § 144.089 (Community service exchange programs) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)As used in this section:
(a)“Community-based organization” means a not-for-profit organization or entity or a local or county government.
(b)“Community service” has the meaning given that term under ORS 137.126. (c)“Delinquent fees or debts” means:
(A)Unpaid costs for conviction;
(C)Costs related to criminal conviction that a person accumulated while incarcerated; or
(D)Fees of any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting as described in ORS 1.202. (d)“Person” means an individual who has served a sentence in the legal and physical custody of the Department of Corrections and who is serving an active period of parole or post-prison supervision.
(e)“Supervisory authority” has the meaning given tha
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(1) As used in this section:
(a) “Community-based organization” means a not-for-profit organization or entity or a local or county government.
(b) “Community service” has the meaning given that term under ORS 137.126.
(c) “Delinquent fees or debts” means:
(A) Unpaid costs for conviction;
(B) Attorney fees;
(C) Costs related to criminal conviction that a person accumulated while incarcerated; or
(D) Fees of any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting as described in ORS 1.202.
(d) “Person” means an individual who has served a sentence in the legal and physical custody of the Department of Corrections and who is serving an active period of parole or post-prison supervision.
(e) “Supervisory authority” has the meaning given that term under ORS 144.087.
(2)(a) The county governing body of each county shall establish a community service exchange program for the county.
(b) The local supervisory authority may determine whether to participate in the community service exchange program.
(c) The local supervisory authority may determine whether a community-based organization qualifies for the community service exchange program.
(d) A person may not participate in the community service exchange program more than once.
(3) The community service exchange program may not result in a waiver of unpaid balances for:
(a) Restitution or compensatory fines imposed under ORS 137.101 to 137.109;
(b) Unpaid obligations imposed by a support order under ORS chapter 25;
(c) Fines for misdemeanors and felonies under ORS 137.286; or
(d) Fines for traffic offenses.
(4) In order to be eligible to participate in the community service exchange program, a person must:
(a) Enter into a written agreement with a community-based organization to perform community service in exchange for a waiver of delinquent fees or debts; and
(b) Obtain the approval of the terms of the written agreement of the local supervisory authority.
(5) A community-based organization shall supervise and record the community service that a person performs to fulfill the requirements established by the written agreement described under this section. The community-based organization shall notify the local supervisory authority as soon as a person has entered into the community service exchange program and when the person has successfully fulfilled or failed to meet the requirements of the program.
(6) Within 30 days of the local supervisory authority’s receiving notification that a person is participating in the community service exchange program, the local supervisory authority shall notify the court of the county in which the person was convicted. Notwithstanding ORS 137.143, upon notification from the local supervisory authority, the court shall suspend all collection activity of delinquent fees or debts.
(7)(a) When a person has successfully fulfilled the requirements of the community service exchange program, the community-based organization shall notify the local supervisory authority and the local supervisory authority shall send a notice of completion to the court of the county in which the person was convicted.
(b) Upon notification of completion from the local supervisory authority, the court shall update the record of monetary obligations imposed for the convictions to reflect a waiver of delinquent fees or debts.
(8) If a person fails to meet the requirements of the community service exchange program:
(a) The community-based organization shall notify the local supervisory authority and, if applicable, the local supervisory authority shall notify the community corrections agency or other local supervisory authority.
(b) Within 30 days of the local supervisory authority’s receiving notification from the community-based organization, the local supervisory authority shall notify the court of the county in which the person was convicted.
(c) Upon notification from the local supervisory authority, the court shall resume collection of delinquent fees or debts.