2004-116-Minutes for Meeting January 05,2004 Recorded 2/11/2004DESCHUTES COUNTY OFFICIAL RECORDS 4J ?444'116
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 42/1112044 44;30;41 PM
III I111 IIIIIIIIIIIIIIIIIIIIIII 111
20 4-115
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
C
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF LPSCC MEETING
(LOCAL PUBLIC SAFETY COORDINATING COUNCIL)
MONDAY, JANUARY 5, 2004
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present from the County were Commissioner Tom DeWolf; Mike Maier, County
Administrator; Becky Jackson, Parole & Probation Department; Mike Dugan,
District Attorney, Jenny Scanlon, Juvenile Community Justice; Scott Johnson,
Commission on Children & Families; Layne Hood, Family Violence Council,
Commission on Children & Families; Gary Smith, Mental Health Department; and
Tim Edwards, Sheriffs Office.
Others in attendance were Jack Blum and Denny Maloney, citizen members;
Jacques DeKalb, Defense Attorney; Bob Smit, KIDS Center; Andy Jordan, Bend
Police Chief; and Ernie Mazorol, Mike Sullivan, and Steve Tiktin, Circuit Court.
Media representative Lisa Rosetti of The Bulletin was present; no other citizens
were present.
The meeting began at 3:35 p.m.
1. Approval of the Meeting Minutes of December 1, 2003.
Jack Blum noted that Commissioner Luke was shown in attendance at the last
meeting; however, he just stopped by and should not be counted as present.
Becky Jackson had a concern about "Action Items." The minutes indicated that
she was going to follow up on SB 2770. Her recollection was that it was
discussed at the last meeting and the group put the issue to rest, deciding that
nothing would change despite new legislation effective 1/1/04 allowing law
enforcement to detain offenders allegedly violating supervision. Judge Tiktin
stated that the minutes should be amended to delete that as an "Action Item."
Minutes of LPSCC Meeting Monday, January 5, 2004
Page 1 of 6 Pages
JACKSON: Move approval after corrections.
DUGAN: Second.
There was then unanimous approval of the minutes.
2. Discussion of Sheriffs Levy.
Captain Tim Edwards stated that the Sheriff was going to meet with the County
Commissioners this week, and there is nothing new to report at this time. Judge
Tiktin asked if there was any discussion about LPSCC assisting in the process.
Captain Edwards did not think so. Judge Tiktin stated the issue should be on
the agenda for the next meeting to discuss and take any appropriate action if the
rates have not yet been established.
3. Discussion of Measure 30 Referendum.
According to Mr. Mazorol, latest polls show the tax increase being defeated
with 70% of the voters voting against. The group then discussed ramifications
of Measure 30 failing.
Mr. Dugan stated that if Measure 30 fails and disappropriation occurs, deputy
district attorney supplements of $2,500 per deputy per year, would be
eliminated. Additionally, the next budget cycle would undoubtedly be affected.
The DA's Office has already lost the contribution the State makes for witness
fees; that funding has been picked up by the County.
Becky Jackson said if Measure 30 fails, there would be a $24 million reduction
to community corrections across the state. Parole & Probation built its budget
based on the Governor's balanced budget, which did not include the special
income tax surcharge. She did not know how Sheriff Stiles prepared his
budget. If Measure 30 fails, Parole & Probation would remain status quo
through 6/30/04. Judge Tiktin asked if the tax increase passed, would
additional funds then be available to Parole & Probation. Ms. Jackson said that
would be the case, possibly allowing a return to a 40 -hour work week.
Gary Smith stated that Mental Health Department was in the same situation.
He said he heard that the Governor has asked DHS senior Mental Health staff to
curtail vacations because they have planned cuts right now.
Minutes of LPSCC Meeting Monday, January 5, 2004
Page 2 of 6 Pages
Mental Health has not been spending the restoration money that the Legislature
gave them in the last session to backfill the cuts. The department has been
assuming that those funds would be cut again if Measure 30 does not pass. If
the Oregon Health Plan is completely defunded, then Mental Health would be
in trouble financially as there would not be enough money generated from fees
for service billings to cover the loss.
Jacques DeKalb said that at this point, all of the discussions of Indigent Defense
Services indicate that they will continue to honor the contracts that are already in
place and spend the money that is available until it is gone, and then will turn the
problem back over to the Legislature. In response to a question from Judge
Tiktin, Mr. DeKalb said he thought that the money would last until about the last
four months of the budget. Judge Tiktin and Mr. DeKalb noted that once the
dollars were gone, there would not be money for any cases, including murder
cases.
Mr. Mazorol discussed the current plan at the Court. The Court would have
about $200,000 in cuts, representing three or four court clerk positions. There
might be some Level 1 and Level 2 cuts. They are attempting to keep vacant
positions unfilled as a cushion against possible cuts.
Scott Johnson asked if this would be an executive branch item where the
Governor will take the cuts, or will there be a special session required. Mr.
Mazorol said he heard that the Governor probably would not call a special
session. If no special session occurs, then the Governor would have to make
cuts across the board.
Jenny Scanlon said regardless whether Measure 30 passes or fails, Juvenile
Justice will not close the Burns facility because of the pressure to keep that
facility open. There are now Deschutes County kids at the Burns facility. The
failure of Measure 30 would impact all JPC funds which are used for shelters
and transition services.
Denny Maloney talked about the need for stable funding, rather than continuing
on the budget rollercoaster that has become common in Oregon. Mr. Dugan
said the Legislature did create a task force to look at some alternatives to our
current tax structure. They were considering a sales tax but said they would
have to do away with income tax as they could not have both.
Minutes of LPSCC Meeting Monday, January 5, 2004
Page 3 of 6 Pages
Mr. Smith said he thought they went back to looking at the kicker. Judge Tiktin
noted that there would be issues to discuss after the February 3 election,
depending on the outcome and, as a result, the next meeting will be scheduled
after that date.
4. Update on Planning for Department of Corrections Presentation.
Judge Tiktin distributed an article from the New York Times about the issue of
prison beds. (A copy of the handout is attached as Exhibit B) Many areas are
reassessing long jail/prison terms in terms of combating crime and effective use
of dollars. This led to a discussion of DOC's Effectiveness Study which was
previously provided to LPSCC members. As a result of concerns about the
study expressed by Mr. Dugan, after the December meeting Ms. Jackson sent
the entire study out to all members with a cover note explaining why the study
was conducted, by whom, etc.
Ms. Jackson has confirmed that Ginger Martin, community corrections
administrator for DOC, would be available to review the research with the
members of LPSCC, and all members support Ms. Martin attending one of the
meetings. Mr. Dugan stated he has many questions and concerns; it was
decided that any questions to be asked of Ms. Martin would be emailed to Ms.
Jackson for delivery to Ms. Martin prior to her visit.
As a result of DOC's Effective Study, as well as concerns expressed by the
Sheriff in regard to Parole & Probation's use of jail beds to sanction non-
compliant offenders, parole and probation officers began making changes in the
manner in which they sanctioned offenders beginning during June 2003.
Recently, Ms. Jackson compared jail sanctions between the period of 1/1/02
through 6/30/02, 7/1/02 through 12/31/02, 1/1/03 through 6/30/03 and 7/1/03
through 12/31/03. Ms. Jackson passed out a report capsualizing this sanction
data, which shows a 20% reduction in the use of jail beds. (A copy of the report
is attached as Exhibit C.)
Ms. Jackson noted that the next step would be to determine whether imposing
sanctions other than jail has made any difference in an offender's subsequent
compliance with conditions of supervision. Ms. Jackson expressed concern
about the workload associated with conducting such research. Mr. Dugan
Minutes of LPSCC Meeting Monday, January 5, 2004
Page 4 of 6 Pages
suggested approaching the criminal justice instructor at COCC to see if students
might be available for such a project.
5. Discussion of Safe Havens.
Scott Johnson gave a brief review of Safe Havens.
6. Overview of Family Violence Coordinated Community Response Phase III.
Layne Hood gave the group a Family Violence Coordinated Community
Response handout. (A copy is attached as exhibit D.) In 2001, a 5 year plan
was launched. The Family Violence Council has been working on Phase I & II
of a three phase plan. Phase I and II focus on addressing uniform ways to
screen and access needs and services. Phase III would involve co -locating
some service providers, preferable near the courthouse. Commissioner DeWolf
inquired whether the proposal had come before the Board. Concern was
expressed regarding how the program would be funded after the grant. It was
decided that the Center would need to be addressed at a separate meeting with
the Commissioners.
7. Other Business
Mr. Blum passed out a handout: "Can Parole Plan Cut Crime?" an article taken
out of Parade Magazine. (A Copy is attached as Exhibit E)
Being no further items brought before the group, the meeting adjourned at
5: 00 p. m.
Respectfully submitted,
,
Connie Thomas
Recording Secretary
minutes of LPSCC Meeting Monday, January 5, 2004
Page 5 of 6 Pages
Actions Items
Becky Jackson will contact Ginger Martin to set a date for Ms. Martin to attend
either the February or March LPSSC meeting to review the DOC's Effectiveness
Study.
Future Agenda Items
February 9: Discussion on Measure 30 Referendum after February 3rd election.
Attachments
Exhibit A: Meeting sign -in sheet (1 page)
Exhibit B: New York Times article (1 page)
Exhibit C: Sanction Data (2 pages)
Exhibit D: Family Violence Coordinated Community Response (2 pages)
Exhibit E: Parade Magazine article (1 page)
Minutes of LPSCC Meeting Monday, January 5, 2004
Page 6 of 6 Pages
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STRICT LAWS LOOSENED
More Treatment Offered
— Parole Is Easier for
Nonviolent Inmates
By FOX BUTTERFIELD
OLYMPIA, Wash., Nov. 6 — After
two decades of passing ever tougher
sentencing laws and prompting a
prison building boom, state legisla-
tures facing budget crises are begin-
ning to rethink their costly approach-
es to crime.
In the past year, about 25 states
have passed laws eliminating some
of the lengthy mandatory minimum
sentences so popular in the 1980's
and 1990's, restoring early release
for parole and offering treatment
instead of incarceration for some
drug offenders. In the process, politi-
cians across the political spectrum
say they are discovering a new mot-
to. Instead of being tough on crime, it,
is more effective to be smart on
crime.
In Washington, the first state in.
the country to pass a stringent
"three strikes" law by popular initia-
tive a decade ago, a bipartisan group
of legislators passed several laws
this year reversing some of their
more punitive statutes.
One law shortened sentAces. for
drug offenders and set up money for
drug treatment. Another increased
the time inmates convicted of drug
and property crimes could earn to
get out of prison early. Another elim-
inated parole supervision for low-
risk inmates after their release.
Taken together, these laws "repre-
sent a real turning point," said Jo-
seph Lehman, the secretary of the
Washington Department of Correc-
tions, who was a major supporter of
the legislative changes. "You have to
look at the people who are behind
these laws," Mr. Lehman said.
"They are not all advocates of a
liberal philosophy."
A major backer who helped per-
suade the Legislature to pass the
new drug policy was Norm Maleng, a
conservative Republican who has
been the King County prosecutor in
Seattle since 1979 and was a sponsor
of a 1980's law that doubled sen-
tences for drug convictions.
"It was a little like Nixon going to
China when Norm went down to the
Legislature to persuade them to sup-
port this," said his chief of staff, Dan
Satterberg.
The new laws will save Washing-
ton a projected $95 million a year.
But equally important, Mr. Satter -
berg said, the new drug policy "is a
Continued on Page A16
i A16 YT
. WA Cash T�ht, States Are
Continued From Page Al
recognition that you can't incarcer-
ate your way out of this problem."
"There has to be treatment as well
as incarceration," he said.
Still, Dave Reichert, the Republi-
can sheriff of King County, along
with other sheriffs in the state, op-
posed the law allowing offenders to
earn more time for good behavior
because, he said, he was afraid some
of those released were violent crimi-
nals. "I'm worried that this is a first
step in a long road that could Lake us
decades to recover from," he said.
In Kansas, faced with th"
build $15 million tiv: , ut of;
Legislature passed a lazv this year
mandating treatment instead of in-
carceration for first-time drug of-
fenders who did not commit a crime
involving violence. The law is expect-
ed to divert 1,400 offenders a year, a
significant proportion of Kansas'
9,000 inmates.
"I think we are realizing that there
is a smarter way to deal with crimi-
nals, rather than just being tough on
them and putting them away for the
rest of their lives," said John Vratil,
a Republican who is chairman of the
State Senate Judiciary Committee.
"Even those people who favor be-
ing tough on crime don't want to find
the money to build more prisons and
go back on their pledge of no new
taxes," Mr. Vratil said. "So they are
choosing between the lesser of two
evils." Will this new approach last
when the this
recovers? Mr.
Vratil thinks it will.
"What started out as an effort to
save money has evolved into an ap-
preciation for good public policy, and
this has enabled legislators who
were initially reluctant about it to
support it," he said.
Michigan has dropped its lengthy
mandatory minimum sentences for
drug offenders, among the toughest
in the nation. Iowa, Missouri and
Wisconsin have taken steps to ease
their "truth in sentencing" laws,
which require inmates to serve most
of their sentences before being eligi-
ble for release.
Colorado has sought to reduce the
large number of former inmates who
are sent back to prison for technical
parole violations, like failing a urine
test or not showing up for an appoint-
ment with a parole officer. A new
Colorado law limits the amount of
time nonviolent offenders can be
sent back to prison to 180 days.
Missouri has passed a law allow-
ing inmates convicted of property t
crimes to apply for release after only f
Karen Shook was released from pri,,
right, of the Washington Correction
four months, instead of having to
serve one-third of their time, usually
four to seven years.
These changes reflect an impor-
tant national trend, said Daniel Wil-
helm, director of the State Sentenc-
ing and Corrections Program at the
Vera Institute of Justice in New York
A growing consensus
that sentencing laws
may be too harsh, and
too costly.
City. "People thought parole was
dead, the idea of early release from
prison," Mr. Wilhelm said, because
in the 1980's and 1990's many states
outlawed parole as part of the get -
tough -on -crime movement.
"But parole is alive. and well," he
said, because of the twin pressures of
budget deficits and the continued
growth in the nation's prison popula-
ion, even as the crime rate has
allen or leveled off over the past
I CHE NEW YORK TIMES NATIONAL MONDAY, NOVEMBER 10, 2003
Reassessing Long Jail Terms
;on after Michigan repealed mandatory drug sentences. Joseph Lehman,
s L)epartment, said that not only liberals supported repeal of such laws.
decade. There are now 2.1 million
Americans in jail or prison, quadru-
ple the number in 1980.
The New York Legislature quietly
took two steps this year, with the
support of Gov. George E. Pataki,
that are tantamount to making pa-
role easier to get in order to save
money, Mr. Wilhelm said.
The first law enables inmates con-
victed of nonviolent crimes to earn a
certificate for good behavior, which
makes them eligible for a program
called presumptive release, under
which they can be paroled without
going before the parole board.
An estimated 1,185 inmates a year
will be released early this way, sav-
ing the state $21 million, said Robert
Gangi, executive director of the Cor-
rectional Association of New York, a
prison research and advocacy group.
Under the other new law, offenders
convicted of some of the most seri-
ous drug crimes will for the first
time be able to shorten their prison
term by up to one-third by avoiding
discipline problems and by staying in
education or other programs. This
means that an inmate serving a sen-
tence of 15 years to life for the pos-
session of a small amount of drugs,
under the Rockefeller -era drug laws,
could now get out in 10 years, Mr.
Gangi said.
Sheldon Silver, the speaker of the
New York State Assembly, described
the two laws as significant steps, but
said they still fell far short of repeal-
ing the drug laws.
Even Alabama, one of the most
conservative states, now has a sen-
tencing commission that has made
reform recommendations, which the
Legislature has begun to enact this
year.
"I've been in the attorney gener-
al's office 30 years," said Rosa Da-
vis, the chief assistant attorney gen-
eral in Alabama, "and we've been
the `lock them up and throw away
the key' office. We're now learning
the difference between being tough
on crime and smart on crime."
In Alabama, a severe fiscal crisis
is forcing some of these changes, Ms.
Davis acknowledged. "We've cut
spending on prisons so far that our
prison system now looks like a third
world country," she said. Some pris-
ons are so crowded they are operat-
ing at almost double their capacity.
One new law this year raised the
monetary threshold for prosecuting
property crimes to $500 from $250, to
try to keep the flow of new inmates
down. Under another new law, low-
level offenders will be kept in work
release programs or sent to drug
treatment. Alabama was one of the
few states not to have such alterna-
tives to prison.
Here in Washington, the budget
crisis has also made the changes
possible, said David Boerner, a for-
mer prosecutor who is now chair-
man of the Washington Sentencing
Guidelines Commission. "The fiscal
crisis has brought together the folks
who think sentences are too long with
the folks who are perfectly happy
with the sentences but think prison is
costing too much," Mr. Boerner said.
The new Washington drug law will
lower sentences for drug offenses
and allow judges to send offenders to
treatment instead of prison, with the
opportunity to have the charges
against them dropped if they suc-
cessfully complete the program.
Money for treatment will come from
money saved by the reduction in the
number of drug offenders in prison.
One of the most sweeping changes
in the nation was Michigan's repeal
of its mandatory minimum drug sen-
tences. The reform is projected to
save the state $41 million this year,
according to a report by Families
Against Mandatory Minimums, an
advocacy group.
Under the new law, not only were
drug penalties drastically reduced,
but inmates already in prison be-
came eligible for earlier release.
Karen Shook, for instance, a 44 -year-
old single mother of three, was serv-
ing a 20- to 40 -year sentence for
conspiracy to sell two and a half
ounces of cocaine. It was her first
arrest, and Ms. Shook said she
thought her sentence was particular-
ly harsh because she was only an
intermediary. The actual dealer re-
ceived a three-year sentence.
"I got longer than most people get
for violent crimes," she said. But
under the revised law, Ms. Shook
became eligible for parole in April,
after she had served 10 years, and
she has now returned to her home
near Lansing.
"In the end, the impossible hap-
pened," Ms. Shook said. "I had ap-
peal after appeal turned down by the
courts, and then it was the Legisla-
ture that wrote the law the other way
and got me out."
DO NOT FORGET THE NEEDIEST!
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Deschutes County Family Violence Coordinated Community Response
Phase III: Co -locating Intimate Partner Violence Victim Services
• PROBLEM: Local professionals in the field persistently report that while a
full compliment of basic victim services exists, IPV victims who need those
services especially multiple services do not receive them. The primary
reason is that victims must not only travel from agency to agency but also
start cold with each agency.
The results of this breakdown can hardly be estimated. We do know from
practice experience in places like San Diego & Phoenix where co -located
services are established that more accessible services result in victims who
are more completely supported in their effort to stop the victimization or
escape it. We also see that a co -located services center encourages lifestyles
that are more independent of perpetrators.
The population in need can be estimated. Based on 2002 LEDS report, local
law enforcement responded to 1475 domestic disturbance calls (200 more
than the previous year) for an average of over 16 each week. During the
same period, local courts granted 574 FAPA restraining orders for an
average of 11 each week. In mid-December, it was estimated that 10 new
intimate partner violence cases initiate in the DA's office each week. At the
same time, the Victim Assistance office reported that the IPV caseload stood
at about 100. COBRA shelters an average of 11 individuals a night mostly
adult women often with children.
• SOLUTION: It is widely believed locally that more victims would take
advantage of more services if representatives of the core services were co -
located. This belief is strengthened by practice experience in places like San
Diego & Phoenix as above described.
• SYSTEM IMPACT: While our court administrator has wisely questioned
just what impact this project would have on the overall IPV response system,
no agency so far responding expects any significant increase in flow of
casework or other financial demand. One raised question asks whether
seeking the grant would require "fast tracking" IPV cases. The grant
solicitation does not specifically require this. However, it may be a good
time to revisit the issue on the basis of reducing revictimizations.
Exhibit _Z)
Page t of -2-
The Funding Opportunity
• SOURCE: Family Violence services in Deschutes County can apply to
create one of the 12 Family Justice Centers across the country to be funded
by USDOJ OVW.
• AMOUNT: Funding available per site amounts to 1.5 million for an 18 -
month period.
• AUTHORIZATION: Funds can be used to plan & establish a program to
meet the needs of intimate partner violence victims plus work out ongoing
funding.
Partnering
• STRENGTHS: We have the 5 -year Family Violence Prevention Plan in
place, which includes developing the coordinated community response. We
now have the Family Violence Coordinated Community Response project
plan written by the Council & approved by the Board. In phase I & II, the
Council is now strengthening the response system through developing
common tools to use across agencies for screening, assessment &
referral/follow-up procedures as well as through proposing standards for
staff training & identifying point persons in each key agency.
• GAPS: We still need a clear statement of support from some of the key
agencies. SCMC, DCSO, & BPD are expected to weigh in soon. We need to
develop a detailed map with timelines for the needed planning, the
anticipated FJC structure (programs, staffing, location, facility needs), &
start-up preparation, then cost out the project to propose a budget. We expect
that these steps can be completed in the first two weeks of January. We need
to establish confidence that what gets started can & will continue beyond the
grant period.
• MOU: So far we have COBRA, LASO, RPD, Health Dept., & Mental
Health Dept. all ready to sign a memorandum of understanding. Adult P&P,
DA & Victim Assistance have also expressed support. We also have
available the time & talent of the County Grant Writer to help complete &
submit the application by February 5.
Exhibit —D
Page 2. of Z
Can Parole Plan Cut Crime?
he numbers are shocking: In 30 years, 'Half Of
the U.S. prison population hasjumped
from 215,000 to more than 1.3 million. eVePyone
One in 20 American males has had "prison who
experience," says the Justice Department,
and the figure rises to nearly one in six for leaves
black men. The combination of more prison prison
sentences for drug possession and longer
sentences are primary causes, but so is goes
the failure of the parole system, says for- back"
Mer New York City Corrections commis-
sioner Michael Jacobson: "Half of everyone who leaves
prison goes back. It's not a figure to be proud of."
Jacobson notes that taxpayers spend $2000 to
$3000 a month to keep one person in prison, yet
parolees are often sent out into the world with no re-
sources. "Parole has been systematically defund-
ed," he says, adding that fiscal crises are prompting
some states to re-examine how they handle prison
time. Mississippi and Louisiana, with the highest in-
carceration rates, are eliminating some mandatory
sentences. "Most men age out of committing vio-
lent crimes in.their 30s," notes Jacobson. "It's diffi-
cult to say you are preventing crime by locking up
men in their 50s, 60s and 70s." He says some states
may want to consider front -loading the money they
spend on parolees. As opposed to $60 a month for
five years (the average), spend $1000 for the first six
to nine months for job training and other services to
reintegrate former inmates into society. "It's not cod-
dling criminals to focus on parole," says Jacobson. "it
will cut crime, get you more public safety and save
Exhibit money. We can't just keep building prisons."
Page I of I PARADE MAGAZINE • DECEMBER 7,2003 • PAGE 17