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1991-22173-Minutes for Meeting July 29,1991 Recorded 8/1/19910 0`7 0546--,, 91-22173 >> WORK SESSION MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS July 29, 1991��s ,.- r Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Larry Rice, Public Works Director; Rick Isham, County Counsel; Karen Green, Community Development Director; Dave Leslie, Planner; Susan Mayea, Commissioner's Office Manager; Brad Chalfant, Property Manager; Judge Michael C. Sullivan; Dennis Maloney, Community Corrections Director; and Sheriff Darrell Davidson. 1. SECURE FACILITY PROPOSAL Judge Michael C. Sullivan gave the Board the attached presentation. Sheriff Darrell Davidson, Redmond Police Chief Jim Carlton, Bend Police Chief Dave Malkin, and Deschutes County Community Correction Director Dennis Maloney all spoke in support of the Jail Facilities Planning Committee's recommendation that the County increase its ability to house prisoners from 54 to 150 prisoners. Chairman Maudlin announced that the Board would make a decision on this issue at their meeting on Wednesday, August 7, 1991. 2. CALL UP OF HEARINGS OFFICER'S DECISION ON CU -91-57 Before the Board was a recommendation from George Read, Planning Director, that the Board call up for review the Hearings Officer's decision on CU -91-57. On July 19, 1991, the Hearing's Officer issued a decision on CU -91-57 which was a conditional use permit for an equestrian arena for breeding, boarding and training horses in a MUA-10 zone. He found that this use was not allowed in the MUA-10 zone, but since he also found that it may have been a legislative oversight, he provided the applicant 120 days to seek a legislative amendment to the zoning ordinance. Karen Green said the decision was outside the authority of the Hearings Officer, because it did not simply deny the application for failure to meet applicable requirements, but conditionally denied the application which left the matter open and unresolved for several months. Rick Isham said he felt a denial with conditions was illegal. THROOP: I'll go ahead and move that the Board call up the decision on CU -91-57. PAGE 1 MINUTES: 7/29/91 0107 054'7 SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUTE COUNTY BOARD OF COMMISSIONERS l � To Throop, ommis oner Nancy Pop Sc langen, Commissioner Dick Maudlin, Chairman BOCC:alb PAGE 2 MINUTES: 7/29/91 Presentation to the DESCHUTES COUNTY BOARD OF COMMISSIONERS Monday, July 29, 1990 HT/ by Judge Michael C. Sullivan on behalf of the JAIL FACILITIES PLANNING COMMITTEE Presentation Outline 0107 0548 I. The Jail Facilities Planning Committee wishes to thank the Commissioners for their continued support in seeking and planning for the incarceration of prisoners in Deschutes County and addressing the current lack of adequate bed space. II. Background: A. As a result of a 1988 consent order, Deschutes County Jail capacity was reduced from 70 beds to 54 beds. B. We are well aware of stories concerning prisoners who were released after serving a small fraction of a sentence imposed by a judge. C. The Deschutes County Jail Facility Planning Committee has worked well over a year at your direction to explore possible solutions to a problem that undermines the public safety of the county. D. This committee did not operate from the premise that all convicted criminals need to serve time in jail, but explored alternative sanctions. E. Need to keep the ability to provide consequences for those who violate laws, conditions of probation, or conditions of parole. III. Where we are now: A. Sentencing Guidelines that went into effect in November of 1989 had the impact of making counties responsible for the incarceration of approximately 85 percent of all convicted felons. While felons had previously been the state's responsibility to house, the state did not provide any funds to counties when they transferred to them the responsibility to incarcerate. B. Deschutes County continues to be among the fastest growing counties in the state, and every indication is that the trend will continue. As growth 1 010'7 0549 continues, we are quickly outpacing our ability to keep offenders incarcerated, even for a fraction of their sentence. C. The average length of stay for prisoners in Deschutes County has dwindled from 11.4 days in 1985 to exactly half that in five years. (The average length of stay in 1990 was 5.7). Even if growth were only to occur at the same rate it did between 1985 and 1990, the current facility will only be able to serve as a booking facility in 1995-- just three and a half years from now. D. Of all people ordered to appear in District Court, almost half-- 40 percent -- do not. It is estimated that the Failure to Appear rate in Circuit Court is similar. In District Court, that translates to 1,128 people who did not make ordered court appearances in the last year and for whom arrest warrants have been issued. E. Currently, Adult Parole and Probation has approximately 1400 clients on their caseload. This means that one in every 50 people in Deschutes County is under some form of supervision through that department. When considering that most of those clients are males, the ratio among males grows even smaller, perhaps one in 30. F. Of the 1400 supervised people in the county many are in violation. Many are free on unserved arrest warrants after failing to appear in court. Offenders believe, based on their experience, that nothing will happen to them if they violate probation or parole or fail to show up in court. G. One law enforcement official in Deschutes County likens law enforcement here to trout fishing in certain areas-- it's mostly catch and release. The current policy of cite and release has become necessary due to lack of space for pre -trail holds. IV. What the county has done to address the problem: A. Deschutes County has taken strong and progressive measures to ease the pressure on the jail by providing programs which enable judges to impose alternative sanctions. B. The Electronic Monitoring program maintains an average daily population of 23.7; replacing 23.7 jail beds. This program, which incarcerates lower -risk offenders within their homes and monitors their presence via telephone lines, is in part supported by fees paid by the offenders themselves. It is much less expensive than jail incarceration. C. The County's Work Program is another sentencing alternative for low-risk 2 010'7 0550 offenders where rather than imposing a jail sentence, hours of work at the county wood pile or other community service is imposed. V. The problem is still significant and worsening: A. Even though everyone has cooperated and the programs are successful, adequate bedspace for prisoners is still critical. Alternative sanctions programs have provided some reprieve in the jail shortage situation. B. Another reprieve has been appellate court rulings. The appellate courts ruled that the term 'network' was unconstitutionally vague which prevented significant penalties for drug dealers. The State v. Wold decision restricted a trial judge from imposing jail as a condition of probation and misdemeanant cases. C. Both of these significant impediments to holding criminals responsible have been corrected by the legislature and have just become law. I fully expect the pressure on the jail to again significantly mount in the county. VI. Proposed solution: A. Many thanks go to the committee members who served, some of whom are present today. A lot of people took time away from job and families to work on the issue which has led to the proposal being presented today. I would like to also thank those people who cooperated and worked diligently and presented some options we hope you will consider. B. We recommend a plan by which the county is able to house 150 prisoners. That number was reached, and consequently verified, through three independent sources: 1. All leaders and decision -makers in the county's criminal justice community were involved in formulating this proposal, and the 150 -bed capacity was the group's early and unanimous consensus based upon their expertise and familiarity with local conditions. 2. The Omni Group, Inc., a California space planning consulting firm, conducted a Deschutes County Space Planning Study in 1985 in which they predicted that, based on demographic trends in 1985, Deschutes County would require 154 jail beds by 1995. 3. The National Institute of Corrections assisted this committee by providing consultation from their Jail Center in Boulder, Colorado. Their study implemented a formula based on demographics and jail 3 0107.0551 data to determine that Deschutes County should currently have a 146 - bed facility. C. A 150 -bed jail capacity will not carry us into the year 2010, but will address our immediate needs. The committee's recommendation is to construct a facility that will be sited and designed to permit phased expansion in a cost- efficient manner over a number of decades. The current jail facility is designed so that expansion is not possible. The interior layout of the facility should be designed to permit minimum staffing and operating costs. The current jail facility is designed in a manner that makes it very expensive to operate. D. The facility should be sited in a place where it can economically expand and operate, which is the core area. The core area was selected for the following reasons: 1. Minimize time involved in transporting prisoners. 2. Maximize security of transporting prisoners. 3. Ability of sheriff to supervise all major departmental activities within a core area. 4. To provide opportunity for criminals on the work release program to get to their jobsite every day. VII. Options: A. The proposal contains a number of options. The committee recommends a facility to be constructed in the core area sited and designed to permit economical phased expansion and designed to accommodate jail program activities, such as work release and electronic monitoring. The facility should enable the county to house 150 prisoners. Fifty of these beds should be work release beds which will enable inmates to attend jobs, pay restitution, and help pay the cost of their incarceration. B. The committee offers the proposal and possible options for consideration by the Board of Commissioners, and also recommends that the Board of Commissioners conduct local public hearings on the proposal and options in Bend, Redmond, Sisters, and LaPine. 4 0107 0552 Secure Facility Proposal to the Deschutes County Board of Commissioners DESCHUTES COUNTY JAIL FACILITIES Prepared by the Deschutes County Jail Facilities Planning Committee July 29, 1991 Current Situation 0107 0553 The Deschutes County Jail has a capacity of 54, a limit mandated by a federal court order. The facility, constructed in 1979, was intended to house up to 77 inmates. However, the facility has design deficiencies which pose security/escape risks, make it difficult to separate offender populations, make it difficult to maintain a reasonable degree of visibility from the jail control center, prohibit increased functions in areas such as the kitchen when necessary. Alleged design, staffing and operational deficiencies ultimately led to a lawsuit in 1988 which effectively reduced the jail capacity to 54 beds due to lack of suitable space for inmates. Since that time, the county has faced great difficulty in meeting the demand for jail space. Law enforcement officers have begun a policy of "cite and release", which means that offenders who formerly would have been taken to jail immediately upon being cited for certain offenses are simply cited and ordered to appear in court. Many offenders fail to appear altogether which results in an arrest warrant being issued. The net effect of not being able to take these offenders into custody is that it is clogging the already overburdened criminal justice system even further. And the problem is not confined to pre-trial holds. Pre- and post -trial inmates are "matrixed" out of the system before sentences are served, the "matrix" being the methodology by which the decision is made about which prisoner is the least dangerous to release back into the public. Recently, a sex offender was released after serving just one day of his six-month sentence. In response to this critical situation, Deschutes County has taken strong and progressive measures to ease the extreme pressure on the jail. The county is committed to the prospect of some of the less dangerous offenders paying for the cost of their own incarceration and/or sanctions and preventing their families from going on welfare. In conjunction with the courts, probation and other fees paid by the defendants go to offset the cost of employing their supervision. In fact, the Deschutes County Community Corrections Department collected $154,513 in client -generated fees, and another $80,502 in wood sales receipts from the Community Corrections wood yard-- a grand total of $235,015 for the fiscal year ending June 30, 1990. 0107 0554 The electronic monitoring program has enabled lower risk offenders to live in their home, attend work and earn wages while being under electronic surveillance, rather than being incarcerated in the county jail. The offender is monitored by means of an electronic device that assures the offender is at home at all times except when working. Such offenders are required to pay fees which offset the cost of operating the program. The program has been quite successful, with only 4% not successfully completing the program. Of all the clients who have completed the program, only 12% have non - collectible fees. This rate of successful completion and fee collection is well above the national average. (See electronic monitoring program statistics, Attachment 1) These are individuals who paid most of the cost of their incarceration while maintaining their jobs and continuing the same level of support to the families. Although the county is trying to use electronic monitoring on an expanded basis, there are many people who simply will not respond to that kind of limited supervision and are not appropriate to be placed on electronic monitoring. Overall, though, this program has helped ease the pressure on the jail and made an impossible situation much more workable. Additionally, an excellent community work service program has been implemented which provides public services to the community and generates most of its operating budget through wood sales and fees collected from offenders. Some of the jail inmates are released each day to work at the wood site, thereby easing crowding during the day, and providing selected inmates with the privilege of being released to work outside during the day. In the recently completed jail study performed by the National Institute of Corrections, Deschutes County's alternative sanctioning programs and the operation of the existing jail were recognized as superior. The report is quoted as follows: "The county has implemented progressive community corrections programs and it has designed an effective county corrections system. The use of pre-trial services, community service and electronic surveillance has effectively reduced the misdemeanant and low security population of the Jail." "The strategies for reducing jail crowding are many and Deschutes County has implemented an efficient system through the professional approach of it's present agency administrators." However, in spite of our best efforts, there are still a large number of offenders on the streets-- adjudicated criminals that the system simply does not have the capacity to absorb. 2 010'7 0555 The Problem The present jail design necessitates a larger number of guards, thereby increasing operating costs. These higher -than -usual staffing costs coupled with the forced reduction in bedspace have rendered the present facility costly and inadequate. Many thousands of dollars have been spent in efforts to improve the current facility, however, there is no means by which the initial design impediments can be overcome which could increase officer efficiency, nor can the present facility be expanded. The issue must be confronted: should Deschutes County continue to invest public resources in a facility that can not now nor ever meet the need, or re -invest those resources in a facility that would do so now and for many years to come. In addition, changes in the Oregon criminal justice system have occurred which created direct and severe impacts on the jail. The state's new Sentencing Guidelines, now in their second year of implementation, have effectively kept many offenders out of state prisons and in county jails and under the custody of other community-based sanctions. Prior to Sentencing Guidelines, the responsibility of housing felons was that of the state. When the state gave counties the responsibility to house 85% of felons no money was provided for the counties to do so. Most of these felons and practically all misdemeanants are serving only a fraction of their sentence, since overcrowding necessitates an early release. In some cases, offenders have been released after only days or hours of a months -long sentence. The average length of stay (ALS) in the Deschutes County Jail has been cut by about half since 1985 (see Data Analysis, Attachment 2). In 1985, the average length of stay in the Deschutes County Jail was 11.4 days. It has reduced significantly each year and in 1990 it was at only 5.7 days. It is reasonable to expect that number to continue to decrease. At this point, only a small fraction of offenders sentenced to jail on misdemeanor offenses spend any time in jail. Other factors adding pressure to jail overcrowding are Deschutes County's rapid population growth and an ever-increasing high volume of felony offenses. The Proposed Solution In the summer of 1990, a Jail Facilities Planning Committee was formed to address this pressing problem. In the aftermath of a failed tax levy to construct a work release center, it was agreed that the local criminal justice community needed to continue working to address this critical issue. After a number of meetings, some involving experienced jail architects and other outside consultation, it was ultimately agreed that the following was needed: A 150 -bed jail with 100 high- and medium -security beds and 50 minimum security beds to be occupied by offenders who would be released to work during the day. This finding was substantiated by two outside studies, one 3 010'7 0556 by a private consulting firm' and the other by the National Institute of Corrections2. The jail's design needs to be such that phased expansion can occur to facilitate future growth. All construction should occur in such a way so as to make add-on cell blocks as economical to construct as possible. The jail shall be designed, constructed, and operated so as to minimize costs and maximize efficiency in all phases of operation. The jail shall be located in the core area of the City of Bend. The agreement that a 150 -bed facility was need was an important one. All the leadership and many other members of the criminal justice community of Deschutes County named the 150 -bed number as a result of their personal day-to-day experience with and knowledge of criminal justice issues in the community. It was interesting that after that agreement was reached, it was further verified by the 1985 Omni Group Facilities Study that by 1995, Deschutes County would need 154 jail beds. Additionally, the National Institute of Corrections formula (see Data Analysis, Attachment 2) arrived at 146 beds needed presently given this county's demographic data and population trends. A subcommittee was asked to meet to establish agreements made to date (which are listed above). The subcommittee also drafted the following proposed outline of events: PRELIMINARY PLAN/ PROPOSAL DEVELOPMENT By June 27 1. Reach consensus on agreements to date (shown above) 2. Identify Proposal Options (see below) By July 5 3. Proposal drafted 1Government Center Master Plan for Deschutes County, Oregon; prepared by the Omni Group, Inc., Santa Monica, California, 1985 Deschutes County Jail, Local System Assessment; by the National Institute of Corrections Jail Center, Boulder, Colorado, 1991 4 0107 0557 By July 12 4. Draft Proposal circulated among core work group/ corrections, additions, or changes sent back and incorporated after obtaining group consent. 5. Draft Proposal distributed to full Facilities Planning Group for discussion at July 17 meeting By July 31 6. Full Committee reaches consensus on proposal and identifies options to bring before the Board of Commissioners and the public PART B: PUBLIC PROCESS 1. Recommend that Commissioners hold public hearings in Bend, Redmond, Sisters, and LaPine to determine which of the top three construction options should be advanced to the voters for November, 1991 levy election 2. Consulting architect further develops the chosen option, provides cost estimates, and drafts presentational design drawings 3. Informational presentations made by committee's speakers board to service clubs and others to foster public awareness of the need for new facility 4. Ballot levy campaign to be implemented immediately after close of public hearings process (to be coordinated by a subcommittee of the Facilities Planning Group) PART C: CONSTRUCTION 1. Architect retained for full-scale plans development 2. Bid and construction process begins Possible Construction Options Option I: Construct a 150 -bed jail in the core area of Bend, sited and designed so that phased expansion can occur as needed in the future as efficiently as possible. The facility would include 100 high- and medium -security beds and 50 minimum -security work release beds. Additionally, the existing jail could be maintained as a pre -trail facility if necessary or in the future when needed. 5 0107 0558 Option II: Site the facility, but at this time only construct the 100 -bed medium security facility while maintaining operation of the 54 -bed maximum security facility that would also serve as a pre-trial facility and sentencing facility for the highest risk inmates. Under this option, the medium security facility would operate as a sentencing facility and have the ability to absorb on the site a maximum security jail when additional resources become available or the community accepts the fact that the current facility is completely obsolete. Option III: Construct a 100 -bed facility in the core area and close the existing jail. The 100 -bed facility would provide 50 maximum security and a 50 -bed medium security restitution center. The facility would be sited and designed to allow construction of additional cell pods at minimum expense as demand required in the future. The existing facility would be closed in order to cut operational costs. Option IV: Abandon the notion of the core area facility and site a 100 -bed medium security jail/work release facility on county -owned land in a more rural setting. This option would not demand the land costs that the optimal solution would incur. C Attacbnient 1 .'ELB'CT$,QIQIC h0NITORING STATISTICS INTAKE ADp REVENUES COLLECTED 07/90 21 22.8 $2,998 08/90 16 25.3 2,747 09/90 9 18.1 3,194 10/90 34 22.6 6,370 ** 11/90 23 24.9 4,880 12/90 22 25.4 4,812 01/91 24 21.8 2,126 02/91 14 21.9 2,321 03/91 22 23.0 3,409 04/91 28 31.8 4,166 05/91 19 25.0 4,415 06/91 17 21.3 2,139 TOTALS 249 23.7 $43,577 07/01/90 - 06/30/91 Total Clients 249 Terminations 9 (4%) Total Successfully 240 (96%) Completing Fees Paid in Full 125 (52%) On Payment Schedule 94 (39%) Unable to Pay Fees 21 (9%) PROGRAM INCEPTION (12/89) - 06-30-91 , Total Clients 344 Terminations 14 (4%) Total Successfully 330 (96%) Completing Fees Paid in Full 189 (57%) On Payment Schedule 103 (31%) Unable to Pay Fees 38 (12%) * Addition of 1/2 -time staff in August allowed time needed to collect $565.00 in fees from clients who had been off-track .on payment schedules. ** Prior to Wold decision, 18 of these new clients had received 7-20 day sentences with fees ranging from $74-$165. 17 of the 18 clients had paid the relatively small fees within one month of sentence. The impact of the Wold decision on sentencing has been experienced statewide. In addition, a client from California was referred for a 99 day sentence; he paid $718.00 up front on 10-03-90. . Attachment 2 Data Analysis ... 0101 0560 The jail average daily populations have ranged from 52.7 in 1985 to 42.2 in 1990. There have been peaks in the population 76 inmates causing crowded conditions. The following chart is a summary of bookings, average daily populations (ADP) and average length of stays (ALOS).4 Year Bookings ADP ALOS 1985 1692 52.7 11.4 1986 2096 51.9 9.0 1988 2506 58.9 8.6 1989 2713 50.2 6.8 1990 1 2712 1 42.2 1 5.7 The study in 19855 projected for the year 2000 a jail population of 130 to 175 beds. The study projections have been accurate for the general population (82,900 persons for 1990), slightly lower for the bookings (2208-2462 bookings for 1990), but much different for the average length of stay (13-17.6 days for 1990). The steadily reducing number of ALOS days appears to be a result the system's reaction to jail crowding, the addition of the alternative community corrections programs and the Sentencing Guidelines6. The county has a significant number of on electronic surveillance and in the community service work program. The work program is a wood cutting operation that generated income in 1990. 4 Deschutes County Correctional Facility - Bookings, Average Daily Population, Disciplinary Cases Summary, 1979-1990. 50etention Capacity Analysis, Omni Group, Inc., 1985. 6See Appendix E Deschutes County, Oregon NIC Technical Assistance s 91—J1125 14 0" 0561 On June 11, 1991 a jail "snapshof revealed the following inmate population; Inmates % Status 42 100% Total Jail 39 93% Males 3 7 Females 20 Felons - Pretrial 11 Felons - Sentenced 6 Misdemeanants- Pretrial 4 Misdemeanants- Sentence 2 DUI - Pretrial 5 DUI - Sentenced 26 62% Total Pretrial 15 38% Total Sentenced 33 79% Total Felons 10 21% Total Misdemeanants 22 Electronic Surveillance 6 Community Service Deschutes County. Oregon RIC Technical Assistance : 91-J1125 15 General Population 6107 0.562 The following chart describes the county's general population. Most of the county population is in the proximity of Bend. 1991 Bend 20,500 Redmond 7,163 Sisters 679 County 46.458 Total 75,0007 The following is a projection of the general population through the year 2000. The projection was determined by increasing the present population 6% increase per year for 9 years. Year Projected 6 Population Percent 1991 75000 4500 1992 79500 4770 1993 84270 5056 1994 89326 5360 1995 94686 5681 1996 100367 6022 1997 106389 6383 1998 112772 6766 1999 119539 7172 2000 126711 The Omni Group report concerning the jail completed in 1985 projected the following; 1. General Population 128,200 2. Booking Rate 3414 3. Average Length of Stay 13 7The present populatiorr,was estimated by the Bend Chamber of Commerce. The projected population increase of approximately 6% per year was estimated by the County Administrator's Office. Deschutes County, Oregon NIC Technical Assistance " 91-J1125 16 0, 07. 0,56 The number of beds required for a county jail are determined by the following formula;$ i Bookings ' Average Length of Stay = Jail Days / 365 = Average Daily Population ' Classification Factor 1.2 = Jail Beds The following chart uses the formula with the averages relating to Deschutes County. Bookings ALOS Jail Days ADP Jail Beds 3414 6 20484 56 67 3414 8 27312 75 90 3414 9 30726 84 101 3414 10 34140 94 112 3414 12 40968 112 135 14 13 44382 122 146 3414 17 58038 159 4000 10 40000 110 132 4000 13 52000 142 171 8See Appendix C for examples of the formula of bed determination use. Deschutes County. Oregon NIC Technical Assistance s 91—J1125 17 circuit court statistics x � f 7 (1,; 'i "rLI 1t" IMI it" 19" IMI It" IMG IG/0 ® aYIL M 0430 M CUM4L IMS IM. 19" 1000 IM7 19. 1MG IS" ® am M 0430 M CGIIOUL 7013 Go 300 .00 300 200 100 IMS IM. IMG IM. 1Ma 1MG 1MG iM0 ® crm M e , M CONOW4 IMS IM4 IW Is" IM7 Is" IMG few a AL M ass* M C> MMUL Cases Flied: Between 1985. and 1989, criminal filings increased over 300 percent. During 1990, dissolution filings rose to an all time high. Between 1986 and 1989, civil filings steadily decreased as a result of a statutory change, when more cases were diverted to district court. During 1990, a substantial increase was recorded. Cases Terminated: Excluding civil cases, during 1990 the court reached an all time high termination rate and = _- actually disposed of more cases than filed. During 1986, when the court changed from a master to individual calendar, a major push was undertaken to dispose of old civil cases. Since then, the court has maintained a steady termination rate, with 1990 showing the largest rate of closed cases since 1986. Cases Pending: Between 1986 and 1989, the criminal backlog steadily grew but 1990 figures show a downward trend. When compared to 1988 figures, a small backlog has developed in dissolution and civil cases. Both areas experienced substantial filing growth during 1990. Cases Tried Mean Age Days: During 1986, the court actively pushed to reduce its backlog of old cases. As a result, 1987 figures show an all time high from filing to trial. Figures then decrease steadily through 1989. During 1990, an upward trend developed in each case category, except civil.