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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 :. Z 0 V5 W W J CL o N Ln Q 1� . m C V I G Q ul y J ` o � s —d L) 7 a Z Z CL C as ai .. 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! Page I of N O O M O 2 F- N O r r • Z O V U) LLI V U) LU 0 c oO O O O 0 0 X a, O OR O N aO O O 0 Pl 0 ( co oO O LOO V � OO M O (D m o J 9 — 00 LO N J O 00 ti J— Ln J (D N 00 I LO cD O ONS OM- OM pMM B M Q N < N J N N O LO J M LO LO N0 N �- O .- r r N O � co > .~- > LO � �- L N Q Q > > O— -I cDct O LOr- N c,4 Lo r- 2 = J It LO O J IT (D O U It U Q Q `- r LO 0) 00 � N I` 0) O d 00 It l(o N W LO — ti .- N Cl) M LO N Il- LO O LO I- rn co LO O LO 0 0 _ N = M M W W U U 't O 'It Cl) N LO O [t Cl) of 0 0 IL (D M a c0 Cl) O LL LL p r- 00 LO �T O Lf) 00 co N N 0 r N O N N M O M w Il- LO ate- > MN M J J O LL U- U- mr- m 0 00 N NN N CON � N O O M (y �p>N�> 00LO N Z Z J J FNw N OIL 00 mNN N omN0 e- CO W = = Z = Z H — IH LO O LO N Ln M M M O CO I M 0— — U�-OU.- O ��.- M p�NN [T ti r ti (D LO •- d' 0o N M 0) N 00 O m •- N ' m N N LO m m ti m — d LO U U U U N O 00 O U N U N N CO LO 0 LO N co C14 0 ~ co 0 N N CY) N LO N M N N = M �>- MM- . LO O > p� p> O� U U V N ct co (n r- M O H O r Nm W .- � M W N L U coo Q(nin U U U �in F- W F- W Wo ° o �o o c I N O M J IR c� D 0 w O J � � o Z CO O 0 M Z N O 04 O J 00 2 C� D 0 N O J C o O 0 M Z M O co � J M o a CD D 0 M J `O O c C 0 Z M O MJ O 2 CD Z) 0 d' O J O o Z � O 0 Z 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