2007-1525-Minutes for Meeting August 06,2007 Recorded 9/25/2007U C-ems
DESCH COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS ICJ 2007'1513
COMMISSIONERS' JOURNAL 09/25/2007 12;29;06 PM
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2007-1523
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A Deschutes County Board of Commissioners
❑ 1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ore
MINUTES OF MEETING
LOCAL PUBLIC SAFETY COORDINATING COUNCIL
MONDAY, AUGUST 6, 2007
Commissioners' Conference Room - Administration Building, Second Floor - 1300 NW Wall St., Bend
Present were Judge Michael Sullivan; Commissioners Mike Daly and Tammy
Baney; Bill Friedman, Bend City Mayor; Ernie Mazorol, Circuit Court; citizen
member Jack Blum; Bob LaCombe, Juvenile Community Justice; Sheriff Larry
Blanton; Bob Smit, KIDS Center; Scott Johnson, Deschutes County Mental Health;
and Robin Marshall, Commission on Children & Families.
Also in attendance were Chief Andy Jordan of the Bend Police Department; Gary
DeKorte of Redmond Police Department; Michael Dugan, District Attorney;
Jacques DeKalb, Defense Attorney; citizens Pam and Bob Marble; Deanna
Hansen, NAMI; Rick Treleaven, Best Care Treatment; Susan Ross, Properties and
Facilities Director; and media representative Cindy Powers of The Bulletin.
1. Call to Order & Introductions.
Judge Sullivan called the meeting to order at 3:30 p.m., at which time the
attendees introduced themselves.
2. Citizen Input.
Deanna Hansen with NAMI passed out flyers regarding a public talk by Senator
Gordon Smith that will be in Bend on August 17th at 2:00 p.m. He will talk
about the suicide of his son Garrett. (See attached Exhibit A)
3. Approval of Minutes of Monday, July 2nd Meeting.
Sheriff Larry Blanton moved approval, Mike Dugan seconded, and the minutes
were unanimously approved.
Minutes of LPSCC Meeting Monday, August 6, 2007
Page 1 of 4 Pages
4. Discussion of Senate Bill 111- Peace Officer Use of Deadly Physical Force.
Mike Dugan said in 2005 SB 312 was to develop standard protocols for police
officers using deadly force. The bill did not pass. In the last session of the
2007 legislature the new bill, SB 111 passed. The bill requires a plan for
outreach training for the community.
He then read portions of SB 111 (see attached marked as Exhibit B.)
He said they will put together a committee composed of State Police, local
police agencies and non police officers. He and Sheriff Blanton will be co-
chairs of the committee. The committee will come up with a plan which has to
be approved by City Councils and the Board of County Commissioners. They
need a 2/3 approval then the plan goes to the State. They have until July 2008
to get it finished.
Sheriff Blanton said it will be put on the COLES agenda. It requires adoption
of policy for all agencies.
Mr. Dugan said there will be $182,000.00 for implementation of the measure.
Once the plan is approved, there will be repayment for some of the costs. It
requires an agency to arrange for and pay for two psychological examinations.
The officer involved has to go through at lease one examination.
Chief Jordan said the only thing missing is the community outreach portion.
Mr. Dugan will bring the completed plan back to LPSCC.
5. Update on Funding from the Legislature - Mental Health, alcohol & Drug
Abuse Treatment.
Scott Johnson stated that additional dollars for services in the community are
available. He will submit documents back to the State by September. He wants
to get basic information out. They will mostly concentrate on public safety.
(See attached Exhibit C and Exhibit D) Item A in Exhibit D is already in the
planning stages, item B is still under discussion.
Sheriff Blanton said with the expanded jail going to 500 beds, there will be 40
Mental Health beds.
Minutes of LPSCC Meeting Monday, August 6, 2007
Page 2 of 4 Pages
Mr. Johnson said the State General Fund dollars compliments the State Hospital
part of contingency service budget for 2009-2011. He will bring an update to
the September meeting.
6. Update regarding LPSCC Membership - City Representation.
Discussion took place regarding Eileen Stein from City of Sisters being a
member. Commissioner Baney said there may be some concern about Eileen's
time. Judge Sullivan said if the group hears from Eileen and appoints her, they
will have two city representatives.
7. Other Business and Items for the Next Meeting (Monday, September 10).
Mr. Dugan brought up the proposed Initiative 40 by Kevin Mannix. (See
attached Exhibit E and Exhibit F.) Although a good idea, it just does not work
and it cost a lot of money to incarcerate people. If passed, it will be extremely
expensive. He does not have the Criminal Justice Commission cost analysis
here today. It is important for our County to take a stand on where we go.
Judge Sullivan asked Mr. Dugan to come back with figures at October meeting
as to what the impact on the general budget will be.
Judge Sullivan read a letter from Adult Parole & Probation. (See attached
marked as Exhibit G.) He said the majority of people in the program will have
to be transferred in 6 months. There is not a good solution if the money is not
there. He has not had a chance to talk with the other Judges but it is a setback.
Mr. Mazorol said State only funds felonies. Misdemeanors are a local problem
to deal with. He asked if there was another way to look at this.
Judge Sullivan said things to be concerned about is if you do not supervise, they
will be back. It may save money up front but when you talk about cutting P&P,
it just means more people in prison.
Mr. Dugan stated LPSCC makes recommendations and had they known about
this earlier they could have made some recommendations to the budget
committee.
Minutes of LPSCC Meeting Monday, August 6, 2007
Page 3 of 4 Pages
Commissioner Baney suggested the item be tabled and talk more when Becky
Wanless is available. Ernie Mazorol suggested 2 or 3 people meet with Becky
to work out the details. Mike Dugan and Sheriff Blanton stated they would be
part of the process. Judge Sullivan said he would meet for a pre meeting and
suggested the new director attend.
No items are scheduled for the September 10th LPSCC meeting as of this time.
Being no further items discussed, the meeting adjourned at 4: S0 p. m.
Respectfully submitted,
Recording Secretary
Attachments
Exhibit A: Gordon Smith Flyer
Exhibit B: SB 111
Exhibit C: Funding Enhancements for Deschutes County's Behavioral health
System
Exhibit D: Behavioral health Services in Deschutes County
Exhibit E: Mannix Bill
Exhibit F: Mannix Bill IP 40
Exhibit G: Adult Parole & Probation letter
Exhibit H: Sign-in sheets
Exhibit I: Agenda
Minutes of LPSCC Meeting Monday, August 6, 2007
Page 4 of 4 Pages
(&NA 440FRrall Oregon
The personal story
of one family's battle
with a child's depression,
toldby father
Senator Gordon Smith
Augustl4, 2007 7:00 pm
ST. CHARLES MEDICAL CENTER
a ADMISSION IS 1FR IL
To reserve a seat, email name and contact info:
namicentraloregon(ftmail.com or call: 541 815-0621
A PUBLIC SERVICE EVENT BY THE NATIONAL ALLIANCE ON MENTAL ILLNESS
in partnership with
SAGE VIEW ADULT PSYCHIATRIC UNIT OF ST. CHARLES MEDICAL CENTER
Exhibit A
Page I of t
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
A-Engrossed
Senate Bill 111
Ordered by the Senate May 2
Including Senate Amendments dated May 2
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Attorney General Hardy Myers for Department of Justice)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the
measure.
Creates planning authority in each county to develop plan concerning use of deadly physical
force by police officers. Directs planning authority to submit plan to governing body of each law
enforcement agency within county except Department of State Police and Department of Justice.
Specifies required elements of plan. Directs governing body to approve or disapprove plan. Directs
planning authority to submit plan to local public safety coordinating council for review and
comment.
Authorizes Department of Justice, to extent funds are appropriated for such purposes, to make
grants to law enforcement agencies for expenses incurred in implementing and revising approved
plans.
Establishes procedures for law enforcement agencies to follow in dealing with use of deadly
physical force and for grand jury proceedings in which use of deadly physical force is element.
Appropriates moneys from General Fund to Department of Justice for grants and for grand jury
recording and transcription costs.
Declares emergency, effective on passage.
1 A BILL FOR AN ACT
2 Relating to use of physical force; creating new provisions; amending ORS 132.090, 132.330, 132.430,
3 146.135, 181.640 and 181.662; appropriating money; and declaring an emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. As used in sections 1 to 7 of this 2007 Act:
6 (1) "Employ," when used in the context of the relationship between a law enforcement
7 agency and a police officer, includes the assignment of law enforcement duties on a volunteer
8 basis to a reserve officer.
9 (2) "Law enforcement agency" means the Department of State Police, the Department
10 of Justice, a district attorney, a political subdivision of the State of Oregon and a municipal
11 corporation of the State of Oregon, that maintains a law enforcement unit as defined in ORS
12 181.610 (12)(a)(A).
13 (3) "Police officer" means a person who is:
14 (a) A police officer or reserve officer as defined in ORS 181.610; and
15 (b) Employed by a law enforcement agency to enforce the criminal laws of this state.
16 SECTION 2. (1) There is created in each county a deadly physical force planning author.
17 ity consisting of the following members:
18 (a) The district attorney and sheriff of the county.
19 (b) A nonmanagement police officer selected by the district attorney and sheriff. If there
20 are unions representing police officers within the county, the district attorney and sheriff
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1007-1
Exhibit -U
Page l of 3
A-Eng. SB 111
1 shall select the police officer from among candidates nominated by any union representing
2 police officers within the county.
3 (c) If at least one city within the county employs a police chief, a police chief selected
4 by the police chiefs within the county.
5 (d) A representative of the public selected by the district attorney and sheriff. The person
6 selected under this paragraph may not be employed by a law enforcement agency.
7 (e) A representative of the Oregon State Police selected by the Superintendent of State
8 Police.
9 (2) The district attorney and sheriff are cochairpersons of the planning authority.
10 (3) The law enforcement agency that employs the police officer selected under subsection
11 (1)(b) of this section shall release the officer from other duties for at least 16 hours per year
12 to enable the officer to serve on the planning authority. The agency shall compensate the
13 officer at the officer's regular hourly wage while the officer is engaged in planning authority
14 activities.
15 (4) The planning authority shall develop a plan consisting of the following:
16 (a) An element dealing with education, outreach and training regarding the use of deadly
17 physical force for police officers, attorneys employed by state or local government within the
18 county and members of the community.
19 (b) An element dealing with the immediate aftermath of an incident in which a police
20 officer used deadly physical force.
21 (c) An element dealing with the investigation of an incident in which a police officer used
22 deadly physical force.
23 (d) An element dealing with the exercise of district attorney discretion to resolve issues
24 of potential criminal responsibility resulting from a police officer's use of deadly physical
25 force.
26 (e) An element dealing with collecting information regarding a police officer's use of
27 deadly physical force, debriefing after an incident in which a police officer used deadly
28 physical force and revising a plan developed under this subsection based on experience.
29 (f) An estimate of the fiscal impact on the law enforcement agencies to which the plan
30 applies of each element described in paragraphs (a) to (e) of this subsection.
31 (5) The planning authority shall conduct at least one public hearing in the county before
32 submitting a plan, or a revision of a plan, to the governing bodies in the county under sub-
33 section (7) of this section.
34 (6) The planning authority may consult with anyone the planning authority determines
35 may be helpful in carrying out its responsibilities.
36 (7) The planning authority shall submit the plan developed under subsection (4) of this
37 section, and revisions of the plan, to the governing body of each law enforcement agency
38 within the county except for the Department of State Police and the Department of Justice.
39 (8) A governing body shall approve or disapprove the plan submitted to it under sub-
40 section (7) of this section within 60 days after receiving the plan. The governing body may
41 not amend the plan.
42 (9) If the plan is not approved by at least two-thirds of the governing bodies to which the
43 plan is submitted, the planning authority shall develop and submit a revised plan. The plan-
44 ning authority shall submit the plan to the local public safety coordinating council of the
45 county for the council's review and comment.
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(10) If the plan is approved by at least two-thirds of the governing bodies to which the
plan is submitted, the planning authority shall submit the approved plan to the Attorney
General. No later than 30 days after receiving the plan, the Attorney General shall review
the plan for compliance with the minimum requirements described in section 3 of this 2007
Act. If the Attorney General determines that the plan complies with the minimum require-
ments, the Attorney General shall approve the plan. Upon approval of the plan:
(a) Each law enforcement agency within the county to which the plan applies is subject
to the provisions of the plan; and
(b) Each law enforcement agency subject to the plan is entitled to grants as provided in
section 4 of this 2007 Act.
(11) If the plan is not approved by the Attorney General, the planning authority shall
develop and submit a revised plan.
(12) Notwithstanding subsection (10)(a) of this section, a law enforcement agency is not
subject to a provision of a plan approved under subsection (10) of this section that:
(a) Conflicts with a provision of a city or county charter or a general ordinance that
applies to the law enforcement agency; or
(b) Imposes an obligation not required by section 5 of this 2007 Act if complying with the
provision would require the law enforcement agency to budget moneys, or submit a revenue
measure for a vote of the people, in order to comply with the provision.
(13) The Attorney General shall periodically publish all approved plans.
(14) A law enforcement agency within a county has a duty to participate in good faith in
the planning process of the planning authority for the county.
(15) A person bringing an action challenging the validity or enforceability of a plan ap-
proved under subsection (10) of this section shall serve the Attorney General with a copy of
the complaint. If the Attorney General is not a party to the action, the Attorney General
may intervene in the action.
27 SECTION 3. In the plan required by section 2 (4) of this 2007 Act, a deadly physical force
28 planning authority shall, at a minimum:
29 (1)(a) Address, under section 2 (4)(a) of this 2007 Act, the manner in which each law
30 enforcement agency within the county will comply with section 5 (2) of this 2007 Act; and
31 (b) Attach a copy of each policy adopted under section 5 (2) of this 2007 Act to the plan.
32 (2) Address, under section 2 (4)(b) of this 2007 Act, the manner in which each law
33 enforcement agency within the county will comply with section 5 (3)(a) and (4) of this 2007
34 Act.
35 (3) Address, under section 2 (4)(c) of this 2007 Act, the manner in which each law
36 enforcement agency within the county will comply with section 5 (5)(a) of this 2007 Act.
37 (4) Address, under section 2 (4)(d) of this 2007 Act, the manner in which the district at-
38 torney of the county will comply with ORS 146.135 (2).
39 (5) Address, under section 2 (4)(e) of this 2007 Act, the manner in which each law
40 enforcement agency within the county will comply with section 5 (6) of this 2007 Act.
41 SECTION 4. (1) As used in this section, "expenses" does not include personnel costs.
42 (2) To the extent that funds are appropriated to it for such purposes, the Department
43 of Justice shall make grants to law enforcement agencies to reimburse the law enforcement
44 agencies for expenses incurred in implementing and revising the plans required by section 2
45 of this 2007 Act. A grant under this section may not exceed 75 percent of the expenses in-
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A-Eng. SB 111
1 curred by the law enforcement agency.
2 (3) The department may not make a grant under this section to a law enforcement
3 agency unless the law enforcement agency is subject to a plan that has been approved by the
4 Attorney General under section 2 (10) of this 2007 Act.
5 (4) The department shall adopt rules necessary for the administration of this section.
6 SECTION 5. (1) As used in this section, "involved officer" means:
7 (a) A police officer whose official conduct, or official order to use deadly physical force,
8 was a cause in fact of the death of a person. As used in this paragraph, "order to use deadly
9 physical force" means an order issued to another officer to use deadly physical force in a
10 specific incident or an order or directive establishing rules of engagement for the use of
11 deadly physical force for a specific incident.
12 (b) A police officer whose official conduct was not a cause in fact of the death of a person
13 but whose official involvement in an incident in which the use of deadly physical force by a
14 police officer resulted in the death of a person:
15 (A) Began before or during the use of the deadly physical force; and
16 (B) Was reasonably likely to have exposed the police officer to greater stresses or trauma
17 than other police officers experienced as a result of their involvement in the incident before
18 or during the use of the deadly physical force.
19 (2) A law enforcement agency shall adopt a policy dealing with the use of deadly physical
20 force by its police officers. At a minimum, the policy must include guidelines for the use of
21 deadly physical force.
22 (3)(a) For each involved officer employed by a law enforcement agency, the law enforce-
23 ment agency shall pay the costs of at least two sessions with a mental health professional
24 that are attended by the officer. The sessions must be held within six months after the in-
25 cident in which the officer was involved.
26 (b) An involved officer shall attend at least one of the sessions described in paragraph
27 (a) of this subsection.
28 (c) Sessions with a mental health professional under this subsection may not be substi-
29 tuted for a fitness for duty examination required or requested as a condition of employment
30 by the law enforcement agency that employs the involved officer.
31 (4) For at least 72 hours immediately following an incident in which the use of deadly
32 physical force by a police officer resulted in the death of a person, a law enforcement agency
33 may not return an involved officer to duties that might place the officer in a situation in
34 which the officer has to use deadly physical force. A law enforcement agency may not reduce
35 an involved officer's pay or benefits as a result of the law enforcement agency's compliance
36 with this subsection. Notwithstanding section 4 (1) of this 2007 Act, a personnel cost in-
37 curred in complying with this subsection by a law enforcement agency employing 40 or fewer
38 police officers is an expense for purposes of section 4 of this 2007 Act.
39 (5)(a) A law enforcement agency employing an involved officer shall include at least one
40 police officer from a different law enforcement agency in the investigation of the incident in
41 which the involved officer was involved.
42 (b) The failure of a law enforcement agency to comply with paragraph (a) of this sub-
43 section is not grounds for suppressing evidence obtained in the investigation.
44 (6)(a) A law enforcement agency shall collect at least the following information relating
45 to incidents in which a police officers use of deadly physical force resulted in the death of
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A-Eng. SB 111
1 a person:
2 (A) The name, gender, race, ethnicity and age of the decedent.
3 (B) The date, time and location of the incident.
4 (C) A brief description of the circumstances surrounding the incident.
5 (b) A law enforcement agency shall promptly submit the information collected under
6 paragraph (a) of this subsection to the Department of Justice.
7 (7) The department shall compile and periodically publish information submitted under
8 subsection (6) of this section. The department, by rule, may specify a form to be used by law
9 enforcement agencies in submitting information under subsection (6) of this section.
10 SECTION 6. Conclusions and recommendations for future action made by or for a law
11 enforcement agency that result from activities conducted pursuant to the element of a plan
12 described in section 2 (4)(e) of this 2007 Act are not admissible as evidence in any subsequent
13 civil action or administrative proceeding.
14 SECTION 7. (1) Notwithstanding sections 2, 3, 5 (3) and (6) and 12 of this 2007 Act, if
15 sufficient moneys are not appropriated to the Department of Justice for purposes of making
16 grants under section 4 of this 2007 Act, a deadly physical force planning authority created
17 by section 2 of this 2007 Act or a law enforcement agency is not required to comply with any
18 requirement of section 2, 3 or 5 (3) or (6) of this 2007 Act for which the law enforcement
19 agency is entitled to reimbursement under section 4 of this 2007 Act.
20 (2) If sufficient moneys are not appropriated to the Department of Justice to pay the
21 costs of recording and transcribing testimony before a grand jury as required by section 12
22 of this 2007 Act:
23 (a) The Department of Justice is not required to comply with section 12 (5) of this 2007
24 Act; and
25 (b) A district attorney is not required to comply with section 12 of this 2007 Act.
26 SECTION 8. ORS 132.330 is amended to read:
27 132.330. (1) The district attorney may submit an indictment to the grand jury in any case when
28 the district attorney has good reason to believe that a crime has been committed which is triable
29 within the county.
30 (2) The district attorney may present facts to the grand jury about an incident in which
31 a police officer used deadly physical force.
32 SECTION 9. ORS 132.090 is amended to read:
33 132.090. (1) Except as provided in subsections (2) and (3) of this section and section 12 of this
34 2007 Act, no person other than the district attorney or a witness actually under examination shall
35 be present during the sittings of the grand jury.
36 (2) If not otherwise required under section 12 of this 2007 Act, upon a motion filed by the
37 district attorney in the circuit court, the circuit judge may appoint a reporter who shall attend the
38 sittings of the grand jury to take and report the testimony in any matters pending before the grand
39 jury, and may appoint a parent, guardian or other appropriate person 18 years of age or older to
40 accompany any child 12 years of age or younger, or any person with mental retardation, during an
41 appearance before the grand jury. The circuit judge, upon the district attorney's showing to the
42 court that it is necessary for the proper examination of a witness appearing before the grand jury,
43 may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand
44 jury room and shall attend such sittings.
45 (3) The district attorney may designate an interpreter who is certified under ORS 45.291 to in-
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A-Eng. SB 111
1 terpret the testimony of witnesses appearing before the grand jury. The district attorney may des-
2 ignate a qualified interpreter, as defined in ORS 45.288, if the circuit court determines that a
3 certified interpreter is not available and that the person designated by the district attorney is a
4 qualified interpreter as defined in ORS 45.288. An interpreter designated under this subsection may
5 be present in the grand jury room and attend the sittings of the grand jury.
6 (4) No person other than members of the grand jury shall be present when the grand jury is
7 deliberating or voting upon a matter before it.
8 (5) As used in this section, "mental retardation" has the meaning given that term in ORS
9 427.005. Mental retardation may be shown by attaching to the motion of the district attorney:
10 (a) Documentary evidence of intellectual functioning; or
11 (b) The affidavit of a qualified person familiar with the person with mental retardation. "Quali-
12 fied person" includes, but is not limited to, a teacher, therapist or physician.
13 SECTION 10. The Legislative Assembly finds that:
14 (1) Grand juries originally were created and have existed for centuries as a check against
15 potential abuse of the government's power to charge individuals with crimes.
16 (2) Grand jury proceedings are kept secret to help protect witnesses, victims and grand
17 jurors against retaliation and innocent persons against wrongful accusations of crime.
18 (3) As authorized by law and as guided by the policies of law enforcement agencies, police
19 officers may cause the death of a person by the use of deadly physical force.
20 (4) The use of deadly physical force by a police officer that results in the death of a
21 person requires a level of public scrutiny that uniquely justifies limited intrusions into the
22 secrecy historically accorded grand jury proceedings.
23 SECTION 11. Section 12 of this 2007 Act is added to and made a part of ORS 132.310 to
24 132.390.
25 SECTION 12. (1) As used in this section:
26 (a) "Certified shorthand reporter" has the meaning given that term in ORS 8.415.
27 (b) "Involved officer" has the meaning given that term in section 5 of this 2007 Act.
28 (c) "Police officer" has the meaning given that term in section 1 of this 2007 Act.
29 (2) A proceeding before a grand jury must be on the record and recorded by a certified
30 shorthand reporter as provided in this subsection if the proceeding has been convened to
31 examine the use of deadly physical force by a police officer that resulted in the death of a
32 person. When a proceeding is required to be on the record under this subsection, the district
33 attorney shall ensure that a certified shorthand reporter attends the sittings of the grand
34 jury to take and report the questioning and testimony of all witnesses. The certified short-
35 hand reporter may not record any information that reveals the identity of a grand juror. The
36 certified shorthand reporter may not be present during, or record, the deliberations of the
37 grand jury.
38 (3) Unless the certified shorthand reporter can show good cause why the time should be
39 extended, no later than seven days after a grand jury in a proceeding required to be on the
40 record under subsection (2) of this section determines that no criminal charges should be
41 returned or returns an indictment indorsed "not a true bill," the certified shorthand reporter
42 shall provide a certified transcript of the report to the district attorney of the county in
43 which the incident occurred.
44 (4)(a) No later than five days after receiving the transcript from the certified shorthand
45 reporter, the district attorney shall send notice of the following to all witnesses who ap-
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1 peared before the grand jury:
2 (A) The witness's right to file a petition under subsection (6) of this section;
3 (B) The time period within which the petition must be filed; and
4 (C) The witness's right to review the transcript and submit objections to the accuracy
5 of the transcript as provided in paragraph (b) of this subsection.
6 (b) No later than seven days after the district attorney sends the notice required by
7 paragraph (a) of this subsection, a witness may:
8 (A) Review, under the supervision of the district attorney, the portion of the grand jury
9 transcript in which the witness's testimony is transcribed; and
7.0 (B) Submit an objection to the accuracy of the transcription of the witness's testimony.
1.1 A witness submitting an objection under this subparagraph shall attach the objection to the
12 transcript.
1.3 (c) No earlier than eight days after sending the notice required by paragraph (a) of this
14 subsection, the district attorney shall provide a copy of the complete transcript to each in-
1.5 volved officer in the incident and to the law enforcement agency that employs each involved
1.6 officer.
17 (5) The Department of Justice shall pay the costs of the recording and the transcripts
18 required by subsections (2) and (3) of this section.
19 (6)(a) No later than 14 days after the district attorney sends the notice required by sub-
20 section (4)(a) of this section, the district attorney, an involved officer, the law enforcement
2;1 agency employing the involved officer or any witness who appeared before the grand jury
22 may petition the circuit court for a judgment sealing all or part of the transcript or delaying
23 the public release of all or part of the transcript. The petition must be served on the district
24 attorney, the involved officer and the law enforcement agency employing the involved officer.
25 The petition must be supported by an affidavit showing why the public interest in disclosure
26 is outweighed by one of the factors listed in subsection (7)(b) of this section.
27 (b) If no petition is timely filed, the district attorney shall make the transcript available
28 to any person upon request and payment of copying fees set under ORS 192.440.
29 (7)(a) No later than seven days after service under subsection (6)(a) of this section, the
30 district attorney, an involved officer or the law enforcement agency that employs the in-
31 volved officer may file an objection to the petition. If no objection is timely filed, the court
32 may rule without a hearing on the petition. If an objection is timely filed, the court shall hold
33 a hearing on the petition no later than seven days after the time for filing objections has
34 expired.
35 (b) The court shall deny the petition unless the court finds that the public interest in
36 disclosure is outweighed by:
37 (A) The impairment of the proceeding or prosecution of any criminal matter related to
38 the proceeding;
39 (B) The probable prejudice to the right of a witness who appeared before the grand jury
40 or of an involved officer to a fair trial; or
41 (C) The privacy right of a witness who appeared before the grand jury.
42 (8) When the court determines that all or part of the transcript should be sealed or that
43 disclosure of all or part of the transcript should be delayed, the court shall enter a judgment
44 sealing the transcript or portions of the transcript or delaying the public release of the
45 transcript or portions of the transcript.
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A-Eng. SB 111
1 (9) A judgment sealing or delaying release of all or any portion of a transcript based on
2 subsection (7)(b)(B) or (C) of this section has no further effect with respect to public release
3 of the transcript after a witness whose testimony is subject to the judgment:
4 (a) Files a civil action against an involved officer or the law enforcement agency em-
5 ploying the involved officer; or
6 (b) Gives testimony, including depositions, in a civil or criminal action arising out of the
7 incident in which deadly physical force was used.
8 (10) The testimony of a police officer who is the subject of an investigation of the use of
9 deadly physical force and who is called as a witness before a grand jury in a proceeding re-
lo quired to be on the record under subsection (2) of this section is not admissible evidence in
11 a civil proceeding except:
12 (a) When the testimony before the grand jury is compelled under ORS 136.617; or
13 (b) When the testimony before the grand jury is offered as a prior inconsistent statement
14 to impeach the witness.
15 (11) This section does not create a cause of action.
16 (12) The failure of a certified shorthand reporter to record all of the grand jury pro-
17 ceeding required to be recorded under subsection (2) of this section does not affect the va-
18 lidity of any indictment or prosecution that arises from the proceeding.
19 SECTION 13. ORS 146.135 is amended to read:
20 146.135. (1) The district attorney for the county where the death occurs may order an inquest
21 to obtain a jury finding of the cause and manner of death in any case requiring investigation.
22 (2) The district attorney may not order an inquest under this section concerning a death
23 that resulted from a police officer's use of, or order to use, deadly physical force until after
24 the district attorney has determined that the police officer did not commit a crime or a
25 grand jury has received testimony concerning the incident and has declined to indict the
26 police officer. As used in this subsection, "police officer" has the meaning given that term
27 in section 1 of this 2007 Act.
28 [(2)] (3) For the purpose of conducting an inquest, the district attorney shall have the powers
29 of a judicial officer as described by ORS 1.240 and 1.250.
30 [(3)] (4) The district attorney shall advise the jury of inquest as to its duties and instruct the
31 jury on questions of law.
32 [(4)] (5) The district attorney shall cause a record of the inquest proceedings to be made which
33 shall include the written order of inquest, a record of the testimony of witnesses and the written
34 verdict of the jury.
35 [(5)] (6) Within a reasonable time after the verdict is returned, the record of inquest shall be
36 filed in the district medical examiner's office for the county where the inquest was held.
37 [(6)] (7) A copy of the order of inquest and verdict of the jury shall be filed in the State Medical
38 Examiner's office.
39 [(7)] (8) The record of inquest shall be available for inspection as provided by ORS 146.035 (5).
40 SECTION 14. ORS 146.135, as amended by section 13 of this 2007 Act, is amended to read:
41 146.135. (1) The district attorney for the county where the death occurs may order an inquest
42 to obtain a jury finding of the cause and manner of death in any case requiring investigation.
43 (2) The district attorney may not order an inquest under this section concerning a death that
44 resulted from a police officer's use of, or order to use, deadly physical force [until after the district
45 attorney has determined that the police officer did not commit a crime or a grand jury has received
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1 testimony concerning the incident and has declined to indict the police officer]. As used in this sub-
2 section, "police officer" has the meaning given that term in section 1 of this 2007 Act.
3 (3) For the purpose of conducting an inquest, the district attorney shall have the powers of a
4 judicial officer as described by ORS 1.240 and 1.250.
5 (4) The district attorney shall advise the jury of inquest as to its duties and instruct the jury
6 on questions of law.
7 (5) The district attorney shall cause a record of the inquest proceedings to be made which shall
8 include the written order of inquest, a record of the testimony of witnesses and the written verdict
9 of the jury.
10 (6) Within a reasonable time after the verdict is returned, the record of inquest shall be filed in
11 the district medical examiner's office for the county where the inquest was held.
12 (7) A copy of the order of inquest and verdict of the jury shall be filed in the State Medical
13 Examiner's office.
14 (8) The record of inquest shall be available for inspection as provided by ORS 146.035 (5).
15 SECTION 15. ORS 181.662 is amended to read:
16 181.662. (1) The Department of Public Safety Standards and Training may deny the application
17 for training, or deny, suspend or revoke the certification, of any instructor or public safety officer,
18 except a youth correction officer or fire service professional, after written notice and hearing con-
19 sistent with the provisions of ORS 181.661, based upon a finding that:
20 (a) The public safety officer or instructor falsified any information submitted on the application
21 for certification or on any documents submitted to the Board on Public Safety Standards and
22 Training or the department.
23 (b) The public safety officer or instructor has been convicted of a crime or violation in this state
24 or any other jurisdiction.
25 (c) The public safety officer or instructor does not meet the applicable minimum standards,
26 minimum training or the terms and conditions established under ORS 181.640 (1)(a) to (d).
27 (d) The public safety officer failed to comply with section 5 (3)(b) of this 2007 Act.
28 (2) The department shall deny, suspend or revoke the certification of a fire service professional,
29 after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding
30 that the fire service professional has been convicted in this state of a crime listed in ORS 137.700
31 or in any other jurisdiction of a crime that, if committed in this state, would constitute a crime
32 listed in ORS 137.700.
33 (3) The department may deny, suspend or revoke the certification of any fire service professional
34 after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding:
35 (a) That the fire service professional falsified any information submitted on the application for
36 certification or on any documents submitted to the board or the department; or
37 (b) Consistent with ORS 670.280, that the fire service professional is not fit to receive or hold
38 the certification as a result of conviction of a crime in this state, or in any other jurisdiction, other
39 than a crime described in subsection (2) of this section.
40 (4) The department shall deny, suspend or revoke the certification of any public safety officer
41 or instructor, except a youth correction officer, after written notice and hearing consistent with the
42 provisions of ORS 181.661, based upon a finding that the public safety officer or instructor has been
43 discharged for cause from employment as a public safety officer.
44 (5) The department, in consultation with the board, shall adopt rules specifying those crimes and
45 violations for which a conviction requires the denial, suspension or revocation of the certification
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1 of a public safety officer or instructor.
2 (6) Notwithstanding the lapse, suspension, revocation or surrender of the certification of a pub-
3 lic safety officer or instructor, the department may:
4 (a) Proceed with any investigation of, or any action or disciplinary proceedings against, the
5 public safety officer or instructor; or
6 (b) Revise or render void an order suspending or revoking the certification.
7 (7) The department shall deny, suspend or revoke the accreditation of a training or educational
8 program or any course, subject, facility or instruction thereof if the program, course, subject, facility
9 or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181.640
10 (1)(g) or 181.650 (3).
11 SECTION 16. (1) A deadly physical force planning authority created by section 2 of this
12 2007 Act shall submit the plan required by section 2 (4) of this 2007 Act to the governing
13 bodies described in section 2 (7) of this 2007 Act no later than July 1, 2008.
14 (2) Notwithstanding section 2 (3) of this 2007 Act, for the period of time from the effective
15 date of this 2007 Act to June 30, 2008, the law enforcement agency that employs the police
16 officer selected under section 2 (1)(b) of this 2007 Act shall release the officer from other
17 duties for at least 80 hours to enable the officer to serve on the planning authority. The
18 agency shall compensate the officer at the officer's regular hourly wage while the officer is
19 engaged in planning authority activities during that period of time.
20 SECTION 17. A law enforcement agency shall adopt the policy required by section 5 (2)
21 of this 2007 Act no later than July 1, 2008.
22 SECTION 18. (1) A law enforcement agency that participates in the development of the
23 plan required by section 2 (4) of this 2007 Act shall keep track of the expenses it incurs by
24 reason of its participation. For purposes of this subsection and subsection (2) of this section,
25 "expenses" includes, but is not limited to, personnel costs.
26 (2) The Department of Justice shall award a law enforcement agency one credit for each
27 dollar of expenses incurred before July 1, 2008, by reason of the law enforcement agency's
28 participation in the development of the plan required by section 2 (4) of this 2007 Act.
29 (3) Notwithstanding section 4 (2) of this 2007 Act, when a law enforcement agency applies
30 for a grant under section 4 of this 2007 Act, the department, to the extent that funds are
31 appropriated to the department for the purpose, shall make a grant that exceeds 75 percent
32 of the expenses incurred by the law enforcement agency if the law enforcement agency has
33 unused credits awarded under subsection (2) of this section. When the department makes a
34 grant that exceeds 75 percent of the expenses incurred by a law enforcement agency, the
35 department shall deduct the amount of the grant that exceeds 75 percent from the credits
36 awarded the law enforcement agency under subsection (2) of this section.
37 (4) The department may adopt rules necessary for the administration of this section.
38 SECTION 19. ORS 132.430 is amended to read:
39 132.430. (1) When a person has been held to answer a criminal charge and the indictment in
40 relation thereto is not found "a true bill," it must be indorsed "not a true bill," which indorsement
41 must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain
42 a public record. Except for the recording and transcript required by section 12 of this 2007
43 Act, in the case of an indictment not found "a true bill" against a person not so held, the same,
44 together with the minutes of the evidence in relation thereto, must be destroyed by the grand jury.
45 (2) When an indictment indorsed "not a true bill" has been filed with the clerk of the court, the
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1 effect thereof is to dismiss the charge; and the same cannot be again submitted to or inquired of by
2 the grand jury unless the court so orders.
3 SECTION 20. A law enforcement agency, as defined in section 1 of this 2007 Act, may not
4 use moneys it receives under section 4 of this 2007 Act to supplant moneys from another
5 source that the law enforcement agency has been previously authorized to expend.
6 SECTION 21. There is appropriated to the Department of Justice, for the biennium be-
7 ginning July 1, 2007, out of the General Fund, the amount of $300,000 for the purpose of
8 carrying out the provisions of sections 4 and 12 (5) of this 2007 Act.
9 SECTION 22. ORS 181.640 is amended to read:
10 181.640. (1) In accordance with any applicable provision of ORS chapter 183, to promote
11 enforcement of law and fire services by improving the competence of public safety personnel and
12 their support staffs, and in consultation with the agencies for which the Board on Public Safety
13 Standards and Training and Department of Public Safety Standards and Training provide standards,
14 certification, accreditation and training:
15 (a) The department shall recommend and the board shall establish by rule reasonable minimum
16 standards of physical, emotional, intellectual and moral fitness for public safety personnel and in-
17 structors.
18 (b) The department shall recommend and the board shall establish by rule reasonable minimum
19 training for all levels of professional development, basic through executive, including but not limited
20 to courses or subjects for instruction and qualifications for public safety personnel and instructors.
21 Training requirements shall be consistent with the funding available in the department's
22 legislatively approved budget.
23 (c) The department, in consultation with the board, shall establish by rule a procedure or pro-
24 cedures to be used by law enforcement units, public or private safety agencies or the Oregon Youth
25 Authority to determine whether public safety personnel meet minimum standards or have minimum
26 training.
27 (d) Subject to such terms and conditions as the department may impose, the department shall
28 certify instructors and public safety personnel, except youth correction officers, as being qualified
29 under the rules established by the board.
30 (e) The department shall deny applications for training and deny, suspend and revoke certif-
31 ication in the manner provided in ORS 181.661, 181.662 and 181.664 (1).
32 (f) The department shall cause inspection of standards and training for instructors and public
33 safety personnel, except youth correction officers, to be made.
34 (g) The department may recommend and the board may establish by rule accreditation stan-
35 dards, levels and categories for mandated and nonmandated public safety personnel training or ed-
36 ucational programs. The department and board, in consultation, may establish to what extent
37 training or educational programs provided by an accredited university, college, community college
38 or public safety agency may serve as equivalent to mandated training or as a prerequisite to man-
39 dated training. Programs offered by accredited universities, colleges or community colleges may be
40 considered equivalent to mandated training only in academic areas.
41 (2) The department may:
42 (a) Contract or otherwise cooperate with any person or agency of government for the procure-
43 ment of services or property;
44 (b) Accept gifts or grants of services or property;
45 (c) Establish fees for determining whether a training or educational program meets the accred-
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1 itation standards established under subsection (1)(g) of this section;
2 (d) Maintain and furnish to law enforcement units and public and private safety agencies infor-
3 mation on applicants for appointment as instructors or public safety personnel, except youth cor-
4 rection officers, in any part of the state; and
5 (e) Establish fees to allow recovery of the full costs incurred in providing services to private
6 entities or in providing services as experts or expert witnesses.
7 (3) The department, in consultation with the board, may:
8 (a) Upon the request of a law enforcement unit or public safety agency, conduct surveys or aid
9 cities and counties to conduct surveys through qualified public or private agencies and assist in the
10 implementation of any recommendations resulting from such surveys.
11 (b) Upon the request of law enforcement units or public safety agencies, conduct studies and
12 make recommendations concerning means by which requesting units can coordinate or combine their
13 resources.
14 (c) Stimulate research by public and private agencies to improve police, fire service, corrections
15 and adult parole and probation administration and law enforcement.
16 (d) Provide grants from funds appropriated or available therefor, to law enforcement units,
17 public safety agencies, special districts, cities, counties and private entities to carry out the pro-
18 visions of this subsection.
19 (e) Provide optional training programs for persons who operate lockups. The term "lockup" has
20 the meaning given it in ORS 169.005.
21 (f) Provide optional training programs for public safety personnel and their support staffs.
22 (g) Enter into agreements with federal, state or other governmental agencies to provide training
23 or other services in exchange for receiving training, fees or services of generally equivalent value.
24 (h) Upon the request of a law enforcement unit or public safety agency employing public safety
25 personnel, except youth correction officers, grant an officer, fire service professional, telecommu-
26 nicator or emergency medical dispatcher a multidiscipline certification consistent with the minimum
27 requirements adopted or approved by the board. Multidiscipline certification authorizes an officer,
28 fire service professional, telecommunicator or emergency medical dispatcher to work in any of the
29 disciplines for which the officer, fire service professional, telecommunicator or emergency medical
30 dispatcher is certified. The provisions of ORS 181.652, 181.653 and 181.667 relating to lapse of cer-
31 tification do not apply to an officer or fire service professional certified under this paragraph as
32 long as the officer or fire service professional maintains full-time employment in one of the certified
33 disciplines and meets the training standards established by the board.
34 (i) Establish fees and guidelines for the use of the facilities of the training academy operated
35 by the department and for nonmandated training provided to federal, state or other governmental
36 agencies, private entities or individuals.
37 (4) Pursuant to ORS chapter 183, the board, in consultation with the department, shall adopt
38 rules necessary to carry out the board's duties and powers.
39 (5) Pursuant to ORS chapter 183, the department, in consultation with the board, shall adopt
40 rules necessary to carry out the department's duties and powers.
41 (6) For efficiency, board and department rules may be adopted jointly as a single set of combined
42 rules with the approval of the board and the department.
43 (7) The department shall obtain approval of the board before submitting its legislative concepts,
44 Emergency Board request or budget requests to the Oregon Department of Administrative Services.
45 (8) The Department of Public Safety Standards and Training shall develop a training
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1 program for conducting investigations required under section 5 of this 2007 Act.
2 SECTION 23. The Department of Public Safety Standards and Training shall complete
3 development of the training program required by ORS 181.640 (8) no later than August 31,
4 2008. The department shall submit a report summarizing the training program to the legis-
5 lative interim committees dealing with the judiciary no later than September 30, 2008.
6 SECTION 24. (1) Sections 4, 10 to 12 and 20 of this 2007 Act and the amendments to ORS
7 132.090, 132.430, 181.640 and 181.662 by sections 9, 15, 19 and 22 of this 2007 Act become op-
8 erative on July 1, 2008.
9 (2) The amendments to ORS 146.135 by section 14 of this 2007 Act become operative on
10 July 1, 2009.
11 SECTION 25. (1) Notwithstanding the effective date of section 5 of this 2007 Act, section
12 5 (3) to (7) of this 2007 Act applies to incidents occurring on or after July 1, 2008.
13 (2) Section 12 of this 2007 Act applies to incidents occurring on or after July 1, 2008.
14 SECTION 26. This 2007 Act being necessary for the immediate preservation of the public
15 peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
16 on its passage.
17
[13]
r
3
Funding enhancements
for Deschutes County's behavioral health system
2007 Legislative session
Overview: The 2007 Oregon Legislature made an investment in community mental health
services in a number of areas that will directly benefit the behavioral health system for Deschutes
County residents. This document begins to outline our priorities for these new funds. Caution: this
document is very preliminary in nature and likely to change. For a "final" report, contact Scott
Johnson after November 2007.
Population forecast for the first time: With the passage of HB 3067, the DHS Addictions & Mental
Health Division has agreed to forecast the 2008 population for each County in calculating
"need" in each areas of the state. Draft figures: 165,031 residents (37,179 children; 127,852
adults).
Adopted budget: State / federal revenue 8,248,259
County general fund 1,462,516
DCMH reserves 976,7581 (not sustainable)
Other _ 1923`241
Total budget 12,610,774
Priorities planned based on the adopted budget: expansion of Mental Health Court and
development of a regional Mobile Crisis Team. Critical issues include increasing intensive
services for OHP children and reducing psychiatric residential treatment costs for OHP children,
managing general acute care costs, Drug Court service needs, alternatives to incarceration,
senior service needs and contract monitoring.
Category Preliminary state requirements
SE = state grant # and local ideas
1. Alcohol/drug (AOD) Annual: $263,000. State required populations. Local focus on
treatment low income (SE 66 people in contact with the justice system. Coordinate with the
equity) Contact: Lori Hill jail, parole & probation and child welfare. Look at continuity of
care with any programming at the work center. May require
Request for Proposal.
2. AOD tx for child welfare/ Annual: $115,743. Coordinate with DHS District Office. Expand
self sufficiency families (SE benefit of the "ACT" Addictions Care Team @ DHS. Since the
66) Contact: Lori Hill district office is regional, coordinate with Crook and Jefferson
counties. Best practice requirements are likely, also likely to
participate in a Robert Wood Johnson grant application. Note:
may also be a residential care resource; specifics unknown. Must
reach 77 families.
Any savings in personnel from open positions will reduce this amount
Exhibit G
Page 0 f 3
3. Family Drug Court Sustains court; no expansion. Criminal Justice Commission
Continuation, no expansion $252,747; Federal Byrne grant est'd at $145,618. Ability to serve 25
Contact: Sheryl Hogan families including 60-70 children. Funds work of Courts, Best Care,
Health Dept., Child Welfare, Parole & Probation, Mental health
and others.
4. Adult mh case mgmt (SE No published amount; estimate: $40,000 annual. To be
20) Contact: Lori Hill determined.
5. Jail diversion Annual $79,000. Develop investment plan with jail staff and
(SE 20) Contact: Lori Hill parole and probation. Focus on highest priorities in the
Alternatives to Incarceration report and specifically the Bridge
Program. Note: Mental Health Court expansion to 25 clients
already occurring through use of reserves. Long range financing
plan to be developed with County administration.
6. Children's mental health No published amount; estimate $40,000 annual. To be
(SE 22) Suzanne Donovan determined.
7. MH indigent acute care Deschutes annual $49,804. We manage a regional fund which
(SE 24) Contact: Lori Hill also includes Jefferson and Crook counties; total amount with
them is $65,608. Decision of Regional Acute Care Council and
Deschutes County Board of Commissioners. Enhancements NOT
likely. Funds needed to sustain Sage View and Psychiatric
Emergency Services (SCMC) as well as fund the new Mobile Crisis
Team (fall 2007).
8. MH Crisis services No published amount; estimate $60,000 annually. To be
(SE 25) Contact: Lori Hill determined. Possibly resources to sustain / expand crisis team to
respond to community calls 24/7, manage clients under the
supervision of the Psychiatric Security Review Board (PSRB), and
complete an increasing number of commitment investigations
(up more than 20% annually).
9. MH Adult Collaboration with State in soliciting private vendor(s) to develop
Residential Programs two new housing projects in Deschutes County. (1) 8-bed
Contact: Lori Hill residential treatment facility including five clients under extended
care and 3 beds for respite care (diversion from hospital stay or
step down from stay) and (2) 10-bed secure residential treatment
facility including 5 clients under supervision of Psychiatric Security
Review Board and 5 clients on extended care management
designation. State resource that we hope will primarily benefit
people with Central Oregon connections.
10. Developmental Estimated $50,000 for expansion of case management services
disabilities case mgmt for adult DD clients.
Contact: Kathy Drew
11. Administration (LAO]) No published amount; estimate $42,000 annually. To be
Contact: Greg Canfield determined. May focus on contracting functions to manage risk,
measure performance and meet County procurement
responsibilities.
I.
12. State Bid Process RFP details unknown. Likely to include replication of a highly
(competitive) successful model in the Willamette valley that works intensively
EAST program replication with adolescents and young adults experiencing their first
Contact: Suzanne Donovan symptoms of a significant mental illness.
13. State Bid Process RFP details unknown. Potential to expand our case management
(competitive) and support services to help people living independently or semi-
MH supported housing independently.
(SE20) Contact: Lori Hill
14. State Bid Process RFP details unknown. Potential to expand our services to help
(competitive) people increase job related skills and job opportunities to support
MH supported employment independence and greater self sufficiency.
(SE 20) Contact: Lori Hill
Other important considerations as we plan:
■ State rules and restrictions
■ Sustainability
• Priorities in the Deschutes County Mental Health Strategic Plan
■ Sufficient infrastructure to support these initiatives
For more information, contact Scott Johnson, Deschutes County Mental Health @ 322-7502 or
Scott-johnson@co.deschutes.or.us or the assigned lead staff members.
Behavioral Health Services in Deschutes County
Plan and preliminary expansion opportunities linked to public safety
A. Already in plan with adopted budget
1. Continue drug court, expand to 25 participants (benefits est'd 75-80)
2. Expand mental health court to 25 people using reserves, can't sustain long term
3. New state supported, privately operated housing projects (2007-09): a) 10-bed
secure and b) 8-bed residential with respite; expansion for extended care and
people under the jurisdiction of the Psychiatric Security Review Board
4. 24/7 mobile crisis capacity for Deschutes, Crook
5. Add'I Crisis Intervention Training with local LEAs if interested
B. Possible expansion areas with new funds
l . Expanded addictions treatment for indigent people leaving jail as well as child
welfare and self sufficiency families (more addiction treatment funds)
(opportunity to create a seamless treatment model in jail and after)
2. More help for jail inmates post release through higher staff level in Bridge program
(community reentry after jail) - case management, treatment, support services
3. Funding to sustain acute care services, through 2009?
4. We hope to respond to a competitive Requests for Proposals for a) early
intervention for adolescents / young adults with first break, b) supported housing
and c) supported employment
C. Challenges remaining
l . Medicaid funding at risk (Federal emphasis on audits and pay backs)
2. Still need help in sustaining alternatives to incarceration 2008-09 and beyond
3. Siting of residential projects - most likely in Bend or Redmond
4. Limited indigent care
5.. Triage still needed for after hours crisis coverage
6. Cost containment hospital level of care and residential care
Contact Scott Johnson if questions or suggestions
541.322.7502 scott_johnson@co.deschutes.or.us
Exhibit 0
Page. of 1
W OAA-
'jI
y ? iio
PREAMBLE. The manufacturing and dealing of street drugs are especially damaging
to our communities. Certain property crimes are especially damaging to our
citizens because they create a sense of personal violation. Criminals viho commit
these crimes need to be held accountable commensurate with the damage they do
to our communities and citizens. There is also a connection between a heavy
incidence of drug addiction and a heavy incidence of property crime, as addicts turn
to crime to feed their habits. Both these crime cycles are addressed in this Act to
better protect our communities.
SECTION 1. When a person is convicted of one of the offenses listed in Section 2 of
this Act and the offense was committed on or after January 1, 2009, the court shall
impose, and the person shall serve, at least the entire term of imprisonment listed
in Section 2. The person is not, during the service of the term of imprisonment,
eligible for release on post-prison supervision or any form of temporary leave from
custody. The person is not eligible for any reduction in the sentence for any reason
whatsoever under any statute. The court may impose a greater prison sentence, If
otherwise permitted by law, but may not Impose a lower prison sentence than the
sentence specified in Section 2.
SECTION 2. The offenses to which Section 1 of this Act applies and the mandatory
minimum prison sentences are:
(a) Illegal manufacture or illegal delivery of methamphetamine,
heroin, cocaine, or 3, 4-methylenedioxymethamphetamine under
circumstances constituting a Class A felony under ORS Chapter 475
(b) Illegal manufacture or illegal delivery of methampheta mine,
heroin, cocaine, or 3, 4-methylenedioxymethamphetamine under
circumstances constituting a Class B felony under ORS Chapter 475
(c) Identity theft as defined in ORS 165.800
(d) Burglary in the first degree as defined in ORS 164.225
(e) Forgery in the first degree as defined in ORS 165.013, when
the person has a serious criminal record
(f) Motor vehicle theft as defined in Section 4 of this Act, when
the person has a serious criminal record
(g) Theft in the first degree as defined in ORS 164.055, when
the person has a serious criminal record
36 months
30 months
36 months
36 months
18 months
18 months
14 months
Exhibit .F
Page i of
(h) Burglary in the second degree, as defined in ORS 164,215,
when the person has a serious criminal record 14 months
SECTION 3. For purposes of this Act, a person has a serious criminal record when
the person has at least one previous conviction of a felony or at least two previous
convictions of misdemeanors.
SECTION 4. For purposes of this Act, "motor vehicle theft" means theft, as defined
in ORS 164.015, of a passenger motor vehicle as defined in ORS 801.360, a motor
truck as defined in ORS 801.355, or a motorcycle as defined In ORS 801.365.
Motor vehicle theft is classified as a Class C felony.
SECTION 5. For purposes of this Act, "previous conviction" Includes any conviction
occurring before, on, or after January 1, 2009, and any conviction entered in any
other state or federal court for any offense comparable to any Oregon misdemeanor
or felony.
SECTION 6. The sentences imposed under this Act shall be served in state prison
facilities and work camps. The sentences shall not be served in county jails, except
as to time served pending trial. The state shall reimburse the county as to the
actual cost of pretrial Incarceration for each person sentenced under this Act.
SECTION 7. If any part of this Act is found to be unconstitutional, the remaining
parts shall survive in full force and effect. This Act shall be in all parts self-
executing.
SECTION 8. This Act takes effect on January 1, 2009.
2001 JUN 14 PM 3: 58
RILL BRADBURY
SECP-J! C' THE STATE kI Section 1. This Act shall be known as the Oregon Crimefighting Act The purpose of this Act is to reduce all
types of crime in Oregon, thereby better protecting our people and stimulating economic growth through
improved and aggressive prevention, early intervention, investigation, prosecution, accountability, and
rehabilitation. Drug abuse and addiction are heavily associated with crime, and these problems are important
targets of criminal justice laws. To fight crime, this Act:
a. increases penalties for repeat major sex offenders, and prevents registered sex offenders from
holding elective office;
b. establishes Meth Strike Forces, to focus on drug crime, and a Coordinated Grant Program to
improve funding for drug prevention and treatment programs;
c. allows tax credits for contributions to Meth Strike Forces and drug prevention or drug
treatment programs;
d. establishes a Commission on Domestic Violence, Child Abuse, and Sex Crimes to propose
reforms in these areas as well as regarding use of the Internet by sexual predators;
e. prohibits convicted criminals from voting while incarcerated;
f. provides for prompt processing of suspected perpetrator DNA evidence in rape and sex abuse
cases;
9. replaces the Medical Marijuana Act with a more medically appropriate Marijuana Derivative
and Synthetic Cannabinoid Prescription Program to focus help on those with legitimate needs;
h. sets staffing standards to bring the Oregon State Police Patrol Division back to levels
achieved in the 1970s;
L establishes a Retired Senior Volunteer Police program to encourage retired police officers to
continue to serve, part-time;
J. allows corrections officers to act as peace officers in the line of duty;
k. increases penalties for repeat intoxicated drivers;
1. requires criminal background checks on incarcerated persons, before they are released; and
m. restricts prison early release programs.
Section 2. a. Any person who is convicted of a major felony sex crime, who has one (or more) previous
conviction of a major felony sex crime, shall be imprisoned for a mandatory minimum term of 25 years.
b. "Major felony sex crime" means rape in the first degree (ORS 163.375), sodomy in the first
degree (ORS 163.405), unlawful sexual penetration in the first degree (ORS 163.411), or using a child in a
display of sexually explicit conduct (ORS 163.670).
c. "Previous conviction" includes a conviction for the statutory counterpart of a major felony sex crime in
any jurisdiction, and includes a conviction in the same sentencing proceeding if the conviction is for a separate
criminal episode as defined in ORS 131.505.
Section 3. No person who is listed or supposed to be listed on the Sex Offender Registration established under
ORS Chapter 181 may be elected to or hold any elective office during the time such sex offender registration
requirement applies to the person.
Section 4. The Attorney General shall assist counties and cities in the establishment and strengthening of Meth
Strike Forces, at city, county, or regional levels, to bring together the necessary assets to successfully identify,
investigate, arrest, and aggressively prosecute persons or criminal organizations dealing in the unlawful
manufacture, distribution, and possession of controlled substances. At least ten attorneys from the Oregon
Department of Justice shall be assigned to this effort. The Attorney General shall seek to have at least five of
these attorneys designated as Special Assistant United States Attorneys by the United States Attorney for
Oregon, so that these attorneys may prosecute drug crimes in federal courts and take advantage of strong
federal penalties for drug crimes. These attorneys shall act in cooperation with Oregon's District Attorneys and
shall assist those District Attorneys, with each county District Attorney remaining the chief prosecuting authority
for each county. This section is operative July 1, 2009.
Section 5. The Attorney General shall establish a Coordinated Grant Program, in cooperation with the Criminal
Justice Commission, Sheriffs, Chiefs of Police, District Attorneys, the Department of Human Resources, and the
state Commission on Children and Families. The Program shall be available to all officials and agencies, as
well as community-based nonprofit organizations, to develop coordinated grant applications to the federal
government and other donors to fund additional comprehensive drug prevention and drug treatment programs at
the local level. The purpose of this approach is to develop a synergy among various projects and to develop
creative solutions. The Coordinated Grant Program shall prepare a report summarizing its activities, and deliver
the report to the Legislative Assembly by January 1, 2011.
1
Exhibit f:7
Page 1 of 4
Section 6. Oregon taxpayers shall receive an annual income tax credit, on personal or corporate taxes, up to
$100 per year per individual taxpayer ($200 per year for a couple filing a joint return) and up to $2,000 per year
per corporate taxpayer, for their contributions toward funding those Meth Strike Forces operating under Section
4 of this Act. The tax credit shall also be allowed for contributions to organizations which qualify as nonprofit
organizations under the Internal Revenue Code and which provide drug prevention or drug treatment programs
in Oregon. To be eligible for this tax credit, the organization programs must be recognized as reasonably
effective by the Department of Human Services or by the Board of Commissioners of one or more counties.
This tax credit applies to tax years beginning on or after January 1, 2010.
Section 7. a. The people hereby establish a Commission on Domestic Violence, Child Abuse, and Sex
Crimes. The Commission shall include a Task Force on Domestic Violence and Child Abuse, and a Task Force
on Sex Crimes, which shall operate as coordinated sub-groups of the Commission. The Commission shall
consist of the Attorney General; three sheriffs; three district attorneys; two county commissioners; two city
mayors; two chiefs of police; three counselors or advocates who work with victims of child abuse, domestic
violence, or sex crimes; and three line public safety officers (rank of sergeant or below). The Governor shall
appoint the Commission's members, subject to confirmation by the Senate. The Attorney General is
automatically a member of the Commission and shall chair the Commission. The Attorney General shall
designate the chair of each Task Force. The Commission shall delegate its members to one or both Task
Forces. The Attomey General shall provide the Commission with support staff and office support.
b. The Commission shall be operative July 1, 2009. It shall gather information and develop
recommendations to the Legislative Assembly in regard to reforms needed to reduce the incidences of domestic
violence, child abuse, and sex crimes, and to better assist the victims of such crimes. The Commission shall
include in its agenda a careful review of problems with use of the Internet by sexual predators who target minors
as victims.
c. The focus of the Commission's work shall be specific reforms to improve laws, policies,
procedures, and funding. The Commission and its Task Forces shall operate under the Open Meetings Law but
may assign work groups to develop proposals informally, which shall be brought to the Task Forces and the
Commission for public discussion and consideration.
d. The Commission's final report and recommendations shall be delivered to the Governor and
the Legislative Assembly by September 1, 2010. Thereafter, the Commission shall continue in existence to
follow up on its recommendations during the 2011 legislative session. The Commission shall expire on June 30,
2011.
Section 8. a. Any person who is incarcerated as a result of conviction of any felony or misdemeanor crime
shall not vote during the time of the person's incarceration.
b. This restriction applies to any person who is incarcerated on or after the effective date of this
Act, regardless of the date of criminal conviction and regardless of whether the most immediate cause of the
incarceration was revocation of probation, revocation of parole, sanctions for violation of post-prison supervision
standards, or some similar sanction. The only exception is for a person who is being held pending trial, and who
is not otherwise subject to being incarcerated; such person may vote while incarcerated, if otherwise qualified to
vote.
Section 9. In any rape or sex abuse investigation, where any suspected perpetrator DNA evidence has been
gathered from the rape or sex abuse victim, the suspected perpetrator DNA evidence shall be analyzed and
processed, and any suspected perpetrator DNA code shall be entered into the Oregon Criminal DNA database
on a first-priority basis in order to more quickly identify and track down suspects. "First priority" means the
suspected perpetrator DNA evidence is taken promptly by investigators and submitted as soon as possible, and
in any event within three business days, to the lab for analysis, and the. analysis process is started by the lab
within 24 hours of receipt of such DNA evidence. This standard is set for the peace of mind of the victim, and
failure to meet this standard shall not be the basis for exclusion of evidence in any proceeding. .
Section 10. In order to reduce abuse of the system currently in place, the people hereby replace the "Medical
Marijuana Act" with the following Marijuana Derivative and Synthetic Cannabinoid Prescription Program.
a. Cesamet and Marinol are synthetic cannabinoids which are approved by the Food and Drug
Administration for treating loss of appetite and for treating nausea.
b. The provisions of this Section, relating to Cesamet and Marinol use, may be expanded to include
other drugs approved by the Food and Drug Administration that include cannabinoids, their derivatives, or
synthetic cannabinoids, if such drugs are to be used for purposes covered by this Section. Such extension shall
be by way of rules established by the Department of Human Services, which is authorized to make such rules.
c. When an attending physician or nurse practitioner determines that a patient will likely.benefit from
use of prescribed Cesamet or Marinol for a diagnosed debilitating medical condition, so as to prevent or mollify
decreased appetite or severe nausea, or for control of intractable pain or other symptoms of the condition, and
2
I
the patient does not have health insurance which covers all of the cost of such medication, the patient may
apply to the Department of Human Services for provision of that part of the cost which is not covered by
insurance. The Department of Human Services shall promptly process the application and, upon confirming that
the application meets the requirements of this Act, shall pay or reimburse the amount necessary to ensure the
delivery of Cesamet or Marinol to the patient.
d. The Department of Human Services shall establish rules for carrying out this Program. The
Department may use the Oregon Health Plan as a process for carrying out this Program, if the Department finds
this will be efficacious.
e. The purpose of this Program is to ensure the availability of Cesamet and Marino] to patients who
need such medication, regardless of coverage by health insurance. Because this is a benefit for Oregonians, at
the expense of Oregon's government, no patient is eligible for participation in the Marijuana Derivative and
Synthetic Cannabinoid Prescription Program 'unless the patient has been a legal resident of Oregon for at least
one continuous year immediately preceding application for coverage under the Program.
f. The attending physician or nurse practitioner shall monitor the patient's use of Cesamet or Marinol on
the same basis as other controlled substances.
g. For purposes of this section:
I. "Attending physician" means a Doctor of Medicine or Doctor of Osteopathy licensed in
Oregon under ORS Chapter 677.
ti. "Controlled substance" has the meaning given in ORS 475.005.
iii. "Diagnosed debilitating medical condition' means a condition diagnosed by an attending
physician or nurse practitioner who determines that the condition is cancer; multiple sclerosis; glaucoma;
positive status for human immunodeficiency virus or acquired immune deficiency syndrome; or any other
condition where the attending physician or nurse practitioner believes that a prescription for the use of Cesamet
or Marinol is a preferred form of treatment or a preferred form of necessary palliative care.
iv. "Nurse practitioner" has the meaning given in ORS 678.010.
h. ORS 475.300 through ORS 475.346 are repealed upon passage of this Act. Any person who, upon
the effective date of this Act, holds a valid registry identification card issued under ORS 475.300 through ORS
475. 346, may, through March 31, 2009, rely on the protections of such card, just as if ORS 475.300 through
ORS 475.346 remained in effect. The Department of Human Services shall mail letters notifying registry
identification cardholders that such cards are ineffective after March 31, 2009.
Section 11. a. The people recognize that the Patrol Division of the Oregon State Police has dramatically
reduced in size due to long-term neglect by Oregon's elected officials. In 1970, Oregon had about one State
Police patrol trooper per 3500 residents. In 1980, the ratio had slipped to one patrol trooper per 4100 residents.
By the beginning of 2007, the ratio had dropped to one patrol trooper per 10,000 residents.
b. In order to provide for the public safety on and about Oregon roads and highways, the people insist
that the Legislative Assembly shall ensure the staffing of sufficient sworn officers in the Patrol Division of the
Oregon State Police, with necessary support, so as to achieve the following minimum patrol staffing levels,
allowing a reasonable time for recruitment, hiring, and training of sworn officers: effective October 1, 2009, one
full-time sworn officer per 9500 Oregon residents; effective May 1, 2011, one full-time sworn officer per 7500
Oregon residents; effective May 1, 2013, one full-time sworn officer per 5000 Oregon residents.
c. The population figures for this standard shall be the number of Oregon residents as established in
the U.S. Census, as reported by the U.S. Bureau of the Census, and as revised annually.
Section 12. a. The people hereby establish the Retired Senior Volunteer Police (RSVP) program. For
purposes of RSVP, "Police" includes all peace officers as defined in ORS 161.015(4).
b. The purpose of the RSVP program is to expand public safety services and to encourage retired
peace officers to volunteer their services to the public in exchange for health care insurance coverage to the
officers and, when appropriate, to the officers' spouses.
c. Under the program, any public agency which employs peace officers may provide opportunities to
retired peace officers to volunteer their services.
d. Retired peace officers who volunteer through the program may assist, mentor, and train new peace
officers, accompany patrol officers, assist in the administration of public agency programs and provide services
that supplement services provided by the public agency. The public agency may not use the services of a
volunteer to replace paid personnel.
e. In exchange for the services provided by a volunteer, the public agency, if funds are available for this
purpose, may provide health care insurance coverage to the volunteer on the following bases:
i. For eight hours per week of volunteer services, the public agency shall provide health care
insurance coverage to the volunteer on the same terms as the agency provides that coverage to full-time
employees.
3
Ii. For 12 hours per week of volunteer services, the public agency shall provide health care
insurance coverage to the volunteer and the volunteer's spouse on the same terms as the agency provides that
coverage to full-time employees and their spouses.
iii. A volunteer who provides services for more than the required number of hours per week
may accrue those hours and thereby become eligible for health care insurance coverage for up to two years in
which the retired peace officer does not provide volunteer services.
iv. Health care insurance coverage made available under this section is available only until the
volunteer becomes eligible for Medicare coverage and, for the spouse of a volunteer, until the spouse becomes
eligible for Medicare coverage.
f. A volunteer who provides services as provided in this section is not an employee of the public gency,
is not employed for purposes of ORS 653.010 to 653.261, is not a subject worker for purposes of workers'
compensation coverage and is not eligible for unemployment insurance. If the agency elects to provide workers'
compensation coverage to the volunteer under ORS 656.039, the public agency may require the volunteer to
waive any legal cause of action against the agency for any injury or disease arising out of and in the course of
providing the volunteer services.
g. The public agency may provide health can: insurance coverage to volunteers and their spouses
under ORS 243.105 to 243.285, and the volunteers and their spouses are considered "eligible employees" and
"family members" as those terms are defined in ORS 243.105.
h. Any public agency may adopt rules to administer the Retired Senior Volunteer Police program for
that agency.
1. "Volunteer," when used as a noun in this section, means a retired public safety officer who volunteers
services to a public agency as described in this section.
Section 13. a. A corrections officer has all of the powers and immunities of a peace officer if the corrections
officer is an employee of the Department of Corrections and is acting within the course, scope, and authority of
the officer's employment. A corrections officer is also a peace officer for purposes of Section 12 of this Act.
b. As used in this Section, "corrections officer" has the meaning given that term in ORS 181.610.
Section 14. a. Driving under the influence of intoxicants (ORS 813.010) shall be a class C felony if the
defendant has been convicted of driving under the influence of intoxicants in violation of ORS 813.010, or its
statutory counterpart in another jurisdiction, at least two times in the 10 years prior to the date of the current
offense.
b. Once a person has been sentenced for a class C felony under this section, the 10-year time
limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a class
C felony regardless of the amount of time which intervenes.
c. Upon conviction for a class C felony under this section, the person shall be sentenced to a
mandatory minimum term of incarceration of 90 days, without reduction for any reason.
d. The state shall fully reimburse any county for the county's costs of incarceration, including any
pretrial incarceration, for a person sentenced under this section.
Section 15. Each county shall conduct a national criminal-history check at intake on each inmate housed in a
county correctional facility, and shall not release any inmate before such criminal history check has been carried
out. The state shall reimburse each county for the costs of conducting such criminal history checks. This
section is operative April 1, 2009.
Section 16. a. Notwithstanding any other provision of law, no inmate who is incarcerated as a result of a felony
conviction shall receive any reduction in sentence, release from custody, conditional release from custody, or
any other form of early release, where such action will cause such inmate to serve any less than 80% of the
original term of incarceration imposed by the sentencing court
b. It is the intent of this section that any person sentenced to any term of incarceration for a felony must
serve at least 80% of the original sentence.
c. This section does not in any fashion allow reduction of any mandatory minimum prison term, by any
amount; any inmate must always serve 100% of any mandatory minimum term of imprisonment
d. This section applies to any person who is incarcerated on or after the effective date of this Act.
Section 17. This Act is effective upon passage and every section is operative upon passage, except where a
section specifies a different operative date.
4
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August 2, 2007
1
Circuit Court Judge
Deschutes County Courthouse
Bend, OR 97701
RE:
Case No.
Your Honor:
Adult Parole & Probation
63360 Britta St. Bldg. #2, Bend, Oregon 97701-9466
(541) 385-3246 • Fax: (541) 385-1804
Becky Wanless, Director
In order to maintain the quality of the supervision we provide to domestic violence
offenders, we need to reduce the length of supervision we provide domestic violence
offenders convicted of Assault IV-Misdemeanor.
It is our intention to provide supervision to these misdemeanor offenders for six months,
in order to stabilize them in the community and ensure they are engaged in batterer
intervention treatment. At the six-month mark, unless there are extenuating
circumstances such as a pending felony conviction or extreme documented threat to the
victim, we will be asking the Court to modify the supervision to either monitored
misdemeanor supervision or bench probation.
Although we wish we had the resources to provide effective supervision to all domestic
violence offenders, our caseloads have been growing and have become too large to
manage. For this reason, we have made the difficult decision to reduce the length of
supervision we will provide to the unfunded cases.
Attached is a stipulated order modifying the supervision of this offender. If you have any
questions, please contact me at 383-4387.
Sincerely,
Charity Hobold
Supervisor
copy to: District Attorney
File
Quality Services Performed with Pride Exhibit 6
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MEETING AGENDA
LOCAL PUBLIC SAFETY COORDINATING COUNCIL
3:30 P.M., MONDAY, AUGUST 6, 2007
Commissioners' Conference Room - Administration Building, Second Floor
1300 NW Wall St., Bend
1. Call to Order & Introductions
2. Citizen Input
3. Approval of Minutes of Monday, July 2 Meeting
4. Discussion of Senate Bill 111 - Peace Officer Use of Deadly Physical Force -
Mike Dugan
5. Update on Funding from the Legislature - Mental Health, Alcohol & Drug
Abuse Treatment - Scott Johnson
6. Update regarding LPSCC Membership - City Representation
7. Other Business and Items for the Next Meeting (Monday, September 10)
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated.
Ifyou have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Exhibit _-r
Page 1 of