Oregon Statutes 147.227 – Disbursement of moneys to be used for victims assistance programs; qualifications; rules
(1) The Attorney General shall disburse a portion of the moneys that the Criminal Injuries Compensation Account receives from the Criminal Fine Account to counties and cities where prosecuting attorneys maintain victims’ assistance programs approved by the Attorney General. Upon receipt of the moneys, the counties and cities shall provide the moneys to the prosecuting attorney therein to be used exclusively for the approved victims’ assistance program.
Terms Used In Oregon Statutes 147.227
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) To qualify for approval by the Attorney General under this section, a victims’ assistance program must:
(a) Be administered by the district attorney of the county or city attorney of the city;
(b) Provide services to victims of all crimes;
(c) Give service priority to victims of serious crimes against persons;
(d) Collaborate with community-based and government agencies to benefit victims; and
(e) Provide the following core services to victims of crime:
(A) Inform victims, as soon as practicable, of the rights granted to victims under Oregon law.
(B) Advocate for victims of serious person crimes as they move through the criminal justice system and advocate, when requested, for all other victims of crime.
(C) Involve victims, when practicable or legally required, in the decision-making process in the criminal justice system.
(D) Ensure that victims are informed, upon request, of the status of the criminal case involving the victim.
(E) Assist victims in preparing and submitting crime victims’ compensation program claims to the Department of Justice under ORS § 147.005 to 147.367.
(F) Assist victims in preparing restitution documentation for purposes of obtaining a restitution order.
(G) Prepare victims for court hearings by informing them of the procedures involved.
(H) Assist victims with the logistics related to court appearances when practicable and requested.
(I) Accompany victims to court hearings when practicable and requested.
(J) Encourage and facilitate victims’ testimony.
(K) Inform victims of the processes necessary to request the return of property held as evidence.
(3) If a victims’ assistance program substantially complies with subsection (2) of this section and the Attorney General determines that it would be impracticable for the program to achieve full compliance, the Attorney General may approve the program on a temporary basis, subject to conditions the Attorney General deems appropriate.
(4) The Attorney General shall adopt administrative rules:
(a) Establishing criteria for the equitable distribution of moneys disbursed under subsection (1) of this section among participating cities and counties; and
(b) Establishing an advisory committee to provide consultation on the distribution of the moneys. The advisory committee shall consist of at least the following members:
(A) A representative of the Department of Justice;
(B) A representative of the Oregon District Attorneys Association; and
(C) A representative of a prosecuting attorney’s victim assistance program.
(5) As used in this section, ‘Attorney General’ includes a designee of the Attorney General. [1987 c.905 § 11; 1997 c.872 § 30; 2001 c.829 § 4; 2005 c.700 § 7; 2007 c.24 § 1; 2009 c.176 § 1; 2011 c.597 § 126]
[Amended by 1973 c.836 § 128; renumbered 133.833]