Loading...
2003-1280-Order No. 2003-097 Recorded 10/1/2003COUNTY OFFICIAL r? NANCYUBLANKENSHIP, COUNTY CLERKS w 2003-1280 COMMISSIONERS' JOURNAL 111111111 1.,..,,.,, , 10/01/2003 12:49:42 PM 2003-1280 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Amending the Emergency Jail Management Plan for Inmates Confined at the Regional Work Center and the Deschutes County Adult Jail. ORDER NO. 2003-097 WHEREAS, on January 7, 2002, the Deschutes County Board of Commissioners an Emergency Jail Management Plan to control the inmate population of the Deschutes County Adult Jail as provided for under the provisions of ORS 169.042, 169.044 and 169.046. WHEREAS, the Regional Work Center has been closed due to budget constraints with a resulting loss of 72 male, 18 female beds; and WHEREAS, the Regional Work Center may re-open if operational funds can be restored; and WHEREAS, the budgeted capacity of the Deschutes County Adult Jail is 200 male and 28 female beds including medical or disciplinary beds; and WHEREAS, the number of inmates at the Deschutes County Adult Jail frequently approaches or exceeds the number of available bed spaces for limited periods of time, and this number of inmates threatens to exceed the physical and budgeted capacity of the Jail; and WHEREAS, the corrections staff has consulted with the Sheriff, District Attorney, County Counsel, the courts and local Chiefs of Police concerning recommended changes to the jail management plan; and, WHEREAS, the Board of Commissioners has received and considered information from the Sheriff and Jail Command Staff concerning the Emergency Jail Management and changes necessary to effectively manage the work center and adult jail capacity and release criteria, including risk assessment for inmates considered for release or transitional leave; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Emergency Jail Management plan adopted by the Deschutes County Board of Commissioners on January 17, 2002 be amended as set out Exhibit A and Exhibit B, attached hereto and by this reference incorporated herein, and be implemented immediately as an emergency measure to manage the number of inmates in the Regional Work Center and the Deschutes Adult Jail. DATED this day of 2003. ATTEST: ~ul~' Recording Secretary BOARD OF OUNTY COMMISSIONERS FOR DESCHUTES COUNT REGON DENNIS R. LUKE, Chair TOM DEWOLF, Commissioner 0/'044/'4& A& C AEL M. DA Y, C mmissioner 1- ORDER NO. 2003- 097 (09/10/03) C:\DOCUMENTS AND SETTINGS\BONNIEB\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK38\ORDER 2003- 097 AMENDING 2002-004.DOC EXHIBIT A Deschutes County Adult Jail/Regional Work Center Emergency Capacity Management Plan Step 1 All sentenced prisoners lodged the Deschutes County Adult Jail and the Regional Work Center (hereinafter referred to as "the facilities") will be reviewed in accordance with the Matrix Release (see Step 3) to determine the risk factor to the community. Step 2 When a housing area within the facilities reaches capacity or when the jail reaches 228 inmates, or the Regional Work Center reaches 90 inmates the facilities will be at budgeted capacity. When the jail reach capacity, Corrections is authorized by the Sheriff to give notice, per ORS 169.046, to all police agencies in the county to make maximum use of citations in lieu of custody, and to begin the process outlined in Step 3. Step 3 Inmates considered by Corrections as having the lowest risk to the community who meet the criteria setout under the "Matrix Release," Deschutes County Adult Jail Policy and Procedure #CD 7-1, shall be evaluated for Transitional Leave or early release and appropriate actions taken. Step 4 Corrections will send a list of inmates meeting criteria described in Step 3 via E-mail or FAX to the criminal justice partners the day before their release. Step 5 Inmates released on Transitional Leave or with other conditions will be given written notice of the action taken and their responsibilities per the release agreement. Page 1 of 1 - Exhibit A C:\Documents and Settings\BonnieB\Local Settings\Temporary Internet Files\OLK38\Ord 2003-097 Exh A - Amending 2002-004.doc DESCHUTES COUNTY ADULT JAIL CD-7-1 Les Stiles, Sheriff Jail Operations Approved by: March 5, 240 _SLeptember 9,2003 MATRIX RELEASE POLICY. It is the policy of the Deschutes County Adult Jail (DCAJ) and Work Center (WC) to release inmates with the lowest matrix release score to maintain population control and assure community safety. Matrix release will be applied to both pre-trial and sentenced inmates. PURPOSE. The purpose of this policy is to ensure jail population does not exceed the facility's bed space capacity when all other forms of release are exhausted. OREGON JAIL STANDARDS: OJS D 02.02.01, Written Policies and Procedures Required • OJS D 02.02.02, Content REFERENCES: • ORS 169.042, Maximum Facility Population; Recommendation • ORS 169.044, Action on Recommendation • ORS 169.046, Notice of County Jail Population Emergency; Action to be Taken; Notification of Release of Inmates Likely DEFINITIONS. Base Matrix Number. Inmate release score for pre-trial detainees, and for sentenced inmates before the time served percent calculation. Early Release. Release of sentenced inmates for time served and release of pre-trial detainees on conditional release. Escape Risk. Inmate arrested for Escape I; inmate arrested for Escape II from a maximum or medium security institution; inmate has an institutional violation for possessing escape tools or attempting to escape from a medium or maximum security institution. Severity of charge or combination of charges leads staff to believe inmate may attempt to escape. Supersedes: 1.090 Review Date: March 2005 Total Pages: 7 1 EXHIBIT Page t Erf t DCAJ CD-7-1 Mareh-5 -200- September Exceptional Danger Hold. The Sheriff, Undershelf_f, Captain or' aptain Facility Lieutenant shall determine whether an inmate shall be placed on an exceptional danger hold based on information received by staff that raises a substantial likelihood that the inmate will either fail to appear at a subsequent hearing or endanger the physical safety of themselves or another. Information may be in the form of statements made by the inmate to corrections staff, or police officers, or relayed to staff by parole and probation officers or prosecuting attorneys. An inmate's disciplinary action or behavior during incarceration may be considered. Final Matrix Number. Inmate release score for pretrial detainees, and for sentenced inmates after calculation for time served. Final matrix number determines priority for early release. Ineligible Inmates. Those inmates not eligible for matrix release. Matrix Calculation Screen. Information entered into the computer by the staff to determine inmate matrix scores. Matrix List. Numerical list of all inmates by the final matrix number, that are lodged in the DCAJ or WC, both pre-trial and sentenced inmates. PROCEDURES. SECTION A: FACILITY CAPACITY A-1. The capacity of the DCAJ is two hundred and twenty-eihtthir-ty (2282-30) and is broken down as follows: • Capacity for male inmates in the secured area of the facility is one hundred and forty -4w&-_(L40442) in housing areas 200, 300, 400, 500, 600, 700, 800, 900, 1000, and 1100. Each security cell in units 500, 700, 900, and 1100 can house two male inmates. Security cells in unit 300 are single occupant cells. • Capacity for fen ale-inmates in the secured area of the facility is twelve (12) in -housing area - 100. Each security cell in unit 100 can house tAvtwoo female inmates. • Capacity for male inmates in the minimum-security area of the facility is sixty (60) in housing areas 1400, 1500, and 1600. • Capacity for fence inmates in the minimum-security area of the facility is sixteen (16) in housing areas 1200 and 1300. A-2. The capacity of the WC is ninety (90) inmates and is broken down as follows: • Capacity for male inmates is seventy-two (72) in dorms 1, 2, and 3 • Capacity for female inmates is eighteen (18) in dorms 4 and 5. 2 Page a of q DCAJ CD-7-1 Afar eh- -~va?September 9.2003 SECTION B: MATRIX COMPUTATION B-1. When a housing area or the total jail population reaches capacity, or within twenty-four hours will reach capacity, the Sheriff, Un.derslieriff, Cahta.in. or Ffacility Llieutenant er eaptain~shall authorize the early release of inmates in both the DCAJ and WC based on their matrix score. The number of inmates released will be determined by the shift supervisor in order to achieve or maintain capacity. B-2. Shift supervisors will be responsible to input the required data, maintain accurate records and update information as required. When an inmate is lodged in a housing unit at the DCAJ, the Matrix Calculation Screen in the Jail Information Management System (JIMS) will be completed to determine the base matrix number assigned to the inmate. B-3. Matrix scores will be assigned by using the formula in the Matrix Calculation Screen. B-4. Matrix scores will be recomputed whenever any of the following occurs: • Criminal charges are added, reduced, or dismissed. • The inmate becomes assaultive, disruptive, unstable, unpredictable or an escape risk. • The inmate exhibits psychological problems. • Staff becomes aware of any information (Computerized Criminal History (CCH), alias names, etc), which was -unknown when the original matrix score was assigned. • Inmate receives a local or state sentence. • Percentage of time inmate served on sentence changes. • The ineligible factor changes. B-5. The matrix score will be updated as follows: • On the last page of the matrix computation, left click the mouse. This will bring up a new matrix page. • In the date field, hold down the shift key and hit the quotation mark key. This will forward the CCH score from the prior page and enter the current date. • Complete the appropriate fields, including the reason for rescoring the matrix. • All charges the inmate is held on, or is sentenced on, will be entered in the charge field -with the highest ranking charge entered first. Charges that are time-served will not be -scored. • Sentenced inmates will have the percent-served calculated in the served field by using the F5 key. • Enter comments, if any, and file the computation. SECTION C. MATRIX INELIGIBLES 3 EXHIBIT Z Page , DCAJ CD-7-1 March 5, 2003Septembe 9 ,2003 C-1. Inmates in this category will not be included when considering matrix releases until they no longer have a condition requiring ineligibility and are removed from this category. Ineligible inmates may still be released by posting bail, if the ineligible charge(s) is a bailable offense. Ineligible inmates will be reviewed daily for accuracy. Reasons for inclusion in this category include, but are not limited to, those factors set out in the matrix calculation system as stated belowand the f ' g: • Inmates whose ability to comprehend is obstructed by the influence of alcohol and/or drugs. In these instances, release calculation will be conducted when the inmate is able to comprehend. • Inmates who are pending a disciplinary hearing or adjudication will be reviewed on a case-by-case basis. Inmates pending a disciplinary hearing for violent and/or multiple violations may be designated as ineligible until the hearing or adjudication has taken place. • Inmates sanctioned to disciplinary segregation will be ineligible for the duration of the disciplinary segregation. • Inmates charged with or serving a sentence for direct contempt of court will be ineligible for early release. • Inmates held in DCAJ and WC under contract with other agencies (including state inmates) will be ineligible for release. • Inmates initially arrested on a parole violation will be scored as ineligible. If the inmate is sanctioned by the parole board, or parole revoked, the inmate will remain ineligible for their entire sentence. • If the inmate is sanctioned by the parole officer, the ineligible designator will be dropped. • Inmates charged with Violation of Restraining Order (VRO) will be scored as ineligible. The ineligible designator will be removed when the inmate is sentenced on the charge or the VRO is dropped. • Inmates charges with Violation of a Release Agreement (VRA) will be scored as ineligible. The ineligible designator will be removed when the inmate is sentenced on the charge, or the VRA is dropped. • When an inmate is determined by the Sheriff, Undersheriff. Captain or Ffacility Llieutenant er-eaptaii to be an exceptional danger (as defined under definitions - exceptional danger hold), the inmate will remain ineligible for their entire incarceration or until the inmate no longer meets the criteria for exceptional danger hold. • When an inmate is on a release for domestic violence and is rearrested for domestic violence involving the same victim, the inmate will be ineligible for release their entire incarceration. • Fugitive inmates pending extradition, or who were extradited to Oregon, federal holds, state and federal rental bed inmates, Immigration and Naturalization Service (INS), in- transit holds or inmates pending transport to the state hospital for evaluation will be scored as ineligible. If an extradited inmate is sentenced locally, the ineligible designator will be removed. • Inmates with no bail or inmates witli a high bail or- held on. a no bail , as determined by the courts with the intent of keeping the inmate in custody, will be scored as ineligible as long as the high bail or no bail is in effect. 4 Page 14 pf q DCAJ CD-7-1 March 5, 2003September 9.2003 • Inmates held in DCAJ as material witnesses will be scored ineligible until the Court determines the innate is no loner a material witness. • Inmates sentenced to the Department of Corrections (DOC) will be ineligible for the duration of their stay. • Inmates charged with Ballot Measure 11 (BM 11) offenses are not eligible for release until sentenced to the custody of DCAJ, or charges reduced or dropped. BM 11 offenses are: o Arson 1 - 164.325, where the offense represented a threat of serious physical injury o Assault 1 - 163.185 o Assault 2 - 163.175 o Att/Solicit Aggravated Murder - 163.095 o Attempted Murder - 161.405 - 163.115 o Kidnapping 1 - 163.235 o Kidnapping 2 - 163.225 o Manslaughter 1 - 163.118 o Manslaughter 2 - 163.125 o Murder - 163.115 o Rape 1 - 163.375 o Rape 2 - 163.365 o Robbery 1 - 164.415 o Robbery 2 - 164.405 o Sexual Abuse 1 -163.427 o Sexual Penetration 1 - 163.411 o Sexual Penetration 2 - 163.408 o Sodomy 1 -163.405 o Sodomy 2 -163.395 o Use Child Display Sexual Act -163.670 o Prostitution Compelling - 167.017 SECTIOND: MATRIX SCORING D-1. The base matrix number will be factored as follows: • Highest ranking charge. Most serious offense charged. Score will be computed in designated matrix screen field. • Additional charges. Each additional offense charged will be documented and added to the screen following the highest charge. • Prior criminal record (juvenile and adult). The inmate's prior criminal convictions will be documented on the matrix screen. o Previously convicted of BM 11 crime or statutory counterpart in Oregon or any other state. o Previously convicted of felony escape. 5 Page DCAJ CD-7-1 Mareh 5, 2003September 9 ,2003 o Previously convicted of any person felony in Oregon or any other state, other than aggravated murder, murder, or BM 11 crimes. o Previously convicted of any property felony or felony drug charge in Oregon or any state. o Previously convicted of misdemeanor crimes or convicted of felony Driving While -Suspended/Revoked (DWS/DWR) in Oregon or any state. o Previous parole or probation violations (does not require a convicted disposition). • Time served. Inmates sentenced to the DCAJ will receive points based on the percentage of time served on the sentence. The points will be added to the base matrix number to determine the final matrix number for sentences inmates. Time Served Points 0% - 25% = 15 points 26% - 50% = 10 points 51% - 75% = 5 points 76% - 100% = 0 points Pending = 0 points SECTIONE: RELEASE PROCEDURES E-1. Matrix releases will be considered only after other release options have been eliminated. These options include normal recognizance releases as outlined in Release Policy No. CD-5-6; releases after security or bail has been posted; and releases approvedurra l by the State Ceourt R=elease Oefficer. E-2. Inmates arrested on charges for another Oregon jurisdictions without Deschutes County charges shall be released to the jurisdiction for which the hold/detainer is lodged„ inmate's . . The jurisdiction(s) for which the fegafdless of the hold/detainer has been lodged shall immediately be contacted and arrangements shall be made for the inmate to be transferred to such jurisdiction. E-3. Shift supervisors will compute the matrix scores and print the Inmate Matrix Report daily. E-4 The Inmate Matrix Report will be maintained at the shift supervisor's workstation. Any person assigned a matrix score following completion of the Inmate Matrix Report will be added to the list. E 5. Shift supei=~,isor-s, on an as needed basis, shall ehoose the lowest .4e who is not listed as meligjble and a-11-6....- 111--elease of ininate. 6 EXHIBIT Page (D DIEa DCAJ CD-7-1 March 5, 2003 September 9, 2403 tYV7'7'tYY E-46. If canac.ity is reached in the male housing units in either the iai.l or the work center, the male with the lowest final rnatrix sco.rem+mber• will be released :first. If capacity is reached in the female housing units in either the jail or work centers, the female with the lowest final matrix scorenumber will be released. All sarne sex inmates with the same lowest final matrix sconce will be released... linmates.in ATO 14,; j 1, , the same If"Iflal Ile feleased, i 17, e- releases E 7. If eapaetty is feaehed in the female domi, the female with the lowest final ma4fi* flufflbef Will 19a rpipAgwi first E-58. Pre-trials^~~ed inmates released as a result of matrix will be processed using a Court Release Order and Agreement form. On the release screen in the JIMS system, the release should be clearly noted as a matrix release. The authorizing shift supervisor shall also be listed at the bottom of the recognizance form. The booking deputy will assure the correct court date and inmate's signature is on the Release Order and Agreement. E-69. Eligible sentenced inmates will be considered for matrix release if their final matrix scorei+umbe is the lowest. Sentenced inmates released by matrix shall be considered to have completed their sentence. E-74-0. The Inmate Matrix Report will be provided to the Sheriff, District Attorney's Office, and State Release Officer each working day. The District Attorney may request in writing a 24-hour postponement on the release of any inmate on the Inmate Matrix Report. The request shall be date stamped when received by DCAJ. Inmates with a 24-hour postponement will not be considered for release during that 24-hour period. If the District Attorney files new charges within the 24-hour period, the inmate's matrix score will be recomputed. If new charges have not been filed, the 24-hour postponement will be dropped, and the inmate will be released according to the policy. E-814. Each working weekday, the Sheriff, Undersheri:f , Captain, State Release Officer will be given a list of the inmates released due to overcrowding.under this E-94-2. Inmates may appeal their matrix score when they believe it to be inaccurate by filing an inmate grievance in accordance with Inmate Grieveances Policy No. CD-6-15. FORMS USED: • Release Order and Agreement JIMS • Matrix Computation. Form No. 110 • Classification Charge List 7 I EXHIBIT Page "[~E Q' DESCHUTES COUNTY ADULT JAIL Inmate Name (Last, First, MI) MATRIX COMPUTATION FORM 114 Booking # Date Check all that apply. An inmate with any one of these conditions is not eligible for matrix release. Designate the inmate as ineligible for matrix release. Calculate this inmate's score if there are any changes in court or charge status that would remove the inmate from this section. ❑ Any Ballot Measure 11 (BM 11) crime ❑ Parole violation ❑ On release for domestic violence and now arrested for: o Crime against same person o Violation of restraining order o Violation of release agreement ❑ Exceptional Danger Hold. Danger to themselves or another, dangerous circumstances, or stalking. List danger. (Written documentation required) ❑ Fugitive, extradited, INS Hold, DOC Hold, or non-releasable hold from another agency ❑ No bail or eE-xtremely higher than normal bail amount. Judge raised -bail to extremely high amount_ This iRGIU es Ro bail hold°` ❑ Protective Custody/Witness/Sentenced DOC ❑ Check box if any ineligibility factors apply and then designate the inmate ineligible for release on the Matrix List. Score Rr-obat}en-_Viotatisn----- -----31- ❑ Contempt of Court 31 ❑ Class A Felony 31 ❑ Class C Felony - Violent 31 ❑ Probation Violation - New Charges 21 ❑ Class B Felony - Non-violent 21 ❑ Class A Misdemeanor -Violent 21 ❑ Class C Felony - Non-violent 14 ❑ Probation Hearing Pending - No new charges. 14 Probation SanctionViotatien - No new charges, greater than< 31 days 9 ❑ Class A Misdemeanor - Non-violent 9 ❑ Class B Misdemeanor - Non- violent 7 ❑ Class C Misdemeanor 7 ❑ Probation SanctionV-ielat~ - No new c harges, less than >31 days 7 Total Score ❑ Contempt of Court 15.5 ❑ Class A Felony 15.5 ❑ Class C Felony - Violent 15.5 ❑ Class B Felony - Non-violent 10.5 ❑ Class A Misdemeanor -Violent 10.5 ❑ Class C Felony - Non-violent 7 ❑ Probation Violation 7 ❑ Class A Misdemeanor - Non-violent 4.5 ❑ Class B Misdemeanor - Non- violent 3.5 ❑ Class C Misdemeanor 3.5 Total Points Score a. Previously convicted of BM 11 crime or statutory counterpart in Oregon or any other state. 10 each ❑1 ❑2 ❑3 ❑4 ❑5 ❑6 ❑7 ❑8 ❑9 ❑10 b. Previously convicted of felony escape. ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 ❑ 9 ❑ 10 10 each c. Previously convicted of any person felony in Oregon or any other state, other than aggravated murder, murder, or 7 each Ballot Measure 11 crimes. ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 ❑ 9 ❑ 10 d. Previously convicted of any property felony or felony drug charge in Oregon or any state. 5 each ❑1 ❑2 ❑3 ❑4 ❑5 ❑6 ❑7 ❑8 ❑9 ❑10 ❑11 ❑12 ❑13 ❑14 ❑15 Matrix Computation Form No. 110 (01-02-0208-11-03) EXHIBI 1 T ` age 1 of 3 e. Number of convicted Misdemeanor or Felony DWS ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 f. Parole or probation violation ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 Includes sanctions for no new charges 5 each 5-3 each arrest ORIGINAL MATRIX SCORE (Total of Sections 2, 3 B 4) SECTION ADDITIONAL POINTS FOR TIME SERVED Points Score a. 0% to 25% Time Served 15 b. 26% to 50% Time Served c. 51% to 75% Time Served d. 76% to 100% Time Served e. Pending Scored by: Date: Comments: a. Criminal charges are added, reduced, or dismissed. b. Inmate is assaultive, disruptive, unstable, unpredictable or an escape risk. c. Inmate exhibits psychological problems. d. Staff becomes aware of information (CCH, alias names, etc.), which was unknown when the original matrix score was assigned. Matrix Computation Form No. 110 (11-02-01) 10 5 0 0 Total Section 5: Original Matrix Score: e. Inmate receives local or state sentence. f. Percentage of time inmate served. g. District Attorney Request EXHIBIT 1 Page 104 0 ` - Page 2 of 2 Reason Follow-up Original Final Matrix (Reference above reasons) Date Reviewed By Date Matrix Score Score