2008-531-Minutes for Meeting March 03,2008 Recorded 4/15/2008,TJ~G 1h
G7
MINUTES OF MEETING
LOCAL PUBLIC SAFETY COORDINATING COUNCIL
MONDAY, MARCH 3, 2008
Commissioners' Conference Room - Administration Building, Second Floor - 1300 NW Wall St., Bend
Present were Judge Michael Sullivan; Ernie Mazorol, Court Administrator; Dave
Kanner, County Administrator; Commissioner Michael M. Daly; Erik Kropp,
Deputy County Administrator; citizen member Jack Blum; Ken Hales, Community
Justice; Sheriff Larry Blanton; Bob Smit, KIDS Center; Deevy Holcomb,
Commission on Children & Families; and Becky McDonald, 9-1-1; Dan
Peddycord, Health Department; Carl Rhodes, Oregon State Police; Chief Andy
Jordan, Bend Police Department; and citizens Andrea Blum, and Beth Quinn, Pam
Marble and Bob Marble of NAM[; and a media representative from KOHD TV.
1. Call to Order & Introductions
Chair Sullivan called the meeting to order at 3:35 p.m., at which time the
attendees introduced themselves.
Judge Sullivan acknowledged Andy Jordan's service to the community over his
past twenty years on the Bend Police Department.
Chief Jordan introduced Sandy Baxter, the interim Chief, who retired from the
Department previously after twenty-eight years of service. She was a patrol
captain at the time.
2. February Minutes.
BLANTON: Move approval.
JORDAN: Second.
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COUNTY
Approval was unanimous. NANCYUBLANKENSHIP,F000NTY CLERKS vd ~008~~~~
COMMISSIONERS' JOURNAL 0411512008 08;31;19 AM
VIII I IIIIIIIIIIIIIIIIIII II III
200 -531
Minutes of LPSCC Meeting Monday, March 3, 2008
Page 1 of 6 Pages
3. Public Comment.
Judge Sullivan stated that the Marbles have gotten the attention of the State
Judicial Education Committee. The focus of the Committee's spring
conference will be mental health issues. The keynote speaker will be Pete
Burleigh, who authored the book "Crazy". This could perhaps help with
making changes within the State system. Mr. Burleigh is receiving an award
from the Psychiatric Association of the United States the following day.
Judge Sullivan said that he is not at liberty to disclose the location or time of the
conference because of the nature of the meeting and the number of judges who
will be attending.
Chief Jordan added that the book is outstanding, and shows how frustrating the
system can be. There is hope, but change will take a lot of work.
4. Deadly Physical Force Plan
Sheriff Blanton explained that Senate Bill 111 as adopted by the 2007
legislature required that all cities and counties adopt a policy and a plan
regarding post-deadly force issues. Deschutes County already has several
accredited agencies that already have policies in place. There was a public
hearing and the plan was adopted by the Board of Commissioners, the City
Council of Bend and Redmond as well as the police agencies of Black Butte
Ranch and Sunriver.
The next step is to send the plan to the Department of Justice for approval; it is
to go into effect on July 1, 2008. Local agencies are ahead of the curve and
already have a good plan in place. Carl Rhodes added that the Major Incident
Team in Central Oregon has protocols in place. The plan has been signed off
by all agencies in the region so the plan can be activated. Judge Sullivan stated
that unlike some areas of the State, Central Oregon law enforcement agencies
work very well together.
5. Legislative Update
Ken Hales gave a brief report on the status of Senate Bill 1087 and House Bill
3638. He said the Director of the Oregon Association of Community
Corrections is active regarding this legislation, which is related to Initiative 40.
Minutes of LPSCC Meeting Monday, March 3, 2008
Page 2 of 6 Pages
The first is talking points, the second is an analysis of particular sections of the
two Bills; then there is a breakdown of the legislation. Senate Bill 1087 will be
referred to the voters, and is on the ballot with Initiative 40. It is an either/or
situation. If both receive a majority vote, the one with the most votes is the one
that will go into effect.
Mr. Hales then went on to explain the ramifications of the different documents.
(A copy of his report is attached.)
He stated that money to build new prisons is not included in the Bill, but the
cost is estimated. It would add 1,400 offenders to the State system at a cost of
about $50 million per year. Jack Blum noted that this means another
penitentiary somewhere. Already one person in 100 is a prisoner. He likes the
idea of putting away offenders but someone has to pay for it.
He added that the Initiative is worse; by 2015 the prison population will
increase by 1,400 but the expense will be about three times as much. It is a
sweeping mandate for minimum sentences. The Bill emphasizes funding and
treatment services but the Initiative does not address this at all; it is clear that
the State is not obligated to provide treatment services, and leaves it up to the
counties. Judge Sullivan noted that it is difficult for the smaller counties to get
up to speed.
A request was made for a State Representative to attend a LPSCC meeting and
explain the ramifications of the various bills.
6. 9-1-1 Service District Funding Update.
Becky McDonald gave an update on 9-1-1 Service District funding efforts. She
said a levy will be on the May 20 ballot requesting the same amount of funding
as last year. It was passed by the voters but a double majority was not reached.
They are working off the contingency fund at this time.
Sheriff Blanton said that if this doesn't pass, it is a big problem. 9-1-1 is the
basic foundation for the calls being handled. This needs support. If it doesn't
pass, it will have to be back on the ballot in November, and there is an 18-
month lag time for funding. Contingency funds will be gone by then.
Judge Sullivan stated that a lot of people just don't realize how critical this
service is. It is a lot more than just answering the phone.
Minutes of LPSCC Meeting Monday, March 3, 2008
Page 3 of 6 Pages
Ms. McDonald noted that they are handling over 250,000 calls per year. There
is no where for them to grow, and they are trying to keep up with the
population. They haven't hired anyone for the past year, and don't have space
for any more people and no funds for a badly needed new building. They now
have to go out for funding every five years, but want to look at ways to sustain
this longer.
She added that educational meetings with the public are planned.
7. KIDS Center Report.
Bob Smit explained that the KIDS Center serves the 0-18 year old population
and provides help for victims of physical and sexual abuse. Typically during
the first 72 hours of the incident the child is taken into the emergency room,
which is not equipped for that type of thing. Public safety and welfare agencies
spend a lot of hours being involved with these situations; KIDS Center is
examining how to coordinate these services and provide appropriate training.
A lot of prevention training is underway, including Darkness to Light. Judge
Sullivan noted that the police agencies are now doing a lot better job
documenting the situation.
8. Gang Intervention Grant Update.
Deevy Holcomb gave an update on a request for a grant to address gang
activities. She would like to take advantage of a grant opportunity available by
the end of November to address an emerging problem. There are three kinds of
activities involved. First is a needs assessment; community partners varied in
their opinions of gang activity. Second is treatment services for at-risk youth.
Third is addressing criminal activities related to gangs.
9. Report on State Community Corrections Funds.
Dave Kanner stated that Internal Auditor David Givans provided a report on SB
1145 funding (a copy of which is attached).
Minutes of LPSCC Meeting Monday, March 3, 2008
Page 4 of 6 Pages
10. Drug Court Update.
Ken Hales provided an update on program funding in 2007-08. There are only
four categories for Drug Court and CJC funds; and there is a local match of up
to $500,000 per year. Family Drug Court is a difficult population. There will
be a 10% cut in Byrne funds and other cuts each year. It is challenging to keep
certain programs going. More probation office time is needed and families
need extensive supervision on site. They are trying to use Byrne funds to keep
Parole & Probation going. The State's efforts are a Band-Aid approach and if
Byrne funds are lost, cuts will have to be made. Much of the funding goes to
nonprofits that can provide the services faster.
Ernie Mazorol stated that more research is being done on DUII cases to find out
the potential. The other resource is restitution court, where offenders are
ordered to pay child support and restitution to the victims.
Judge Sullivan noted that the Courts see a lot of self-medicated situations, and
some have mental health issues.
Chief Jordan said that Impact Court was very difficult for his department; it was
hard to handle officers' time and expenses. Judge Sullivan replied that it is hard
on the Courts, too, but the people either need to be brought to trial or the cases
will be dismissed. Ernie Mazorol agreed, noting that there is a public need but
staffing issues with corrections, law enforcement and the courts. Judge Sullivan
added that settlement conferences can save a lot of time and expense for
everyone, but all of the entities need to work together on that.
11. Other Business
Andrea Blum, representing the League of Women Voters, historically provides
information about ballot measures to the public in advance. They research the
issues and try to provide information on both sides. She asked if there is going
to be any effort to get information out regarding whether it is cost effective to
channel hundreds of individuals through the system.
Sheriff Blanton said that there isn't a Sheriff who will say he or she does not
support the measures, as they don't want to be considered soft on crime. These
issues will pass. The Sheriff's simply cannot take a stand on this issue.
Minutes of LPSCC Meeting Monday, March 3, 2008
Page 5 of 6 Pages
Ms. Blum observed that sometimes they pass even if they are not ultimately a
good thing. Usually the questions would be related to the Mannix bill being
over the edge; but if something is referred by the legislature, it is often assumed
that the legislature feels it is necessary and will pay for it. Sheriff Blanton said
this is a bad assumption. The legislature feels the Mannix bill is bad and had to
put out something softer to counter it. However, there is still a big cost
attached, with questionable funding.
Being no further discussion, the meeting adjourned at 4:55 p. m.
Respectfully submitted,
Recording Secretary
Attachments
Exhibit A: Sign-in sheet
Exhibit B: Agenda
Exhibit C: SB 1087 and HB 3638 Report
Exhibit D: Parole & Probation, Sheriff's Office Allocation Report
Exhibit E: KIDS Center, HB 3328
Minutes of LPSCC Meeting Monday, March 3, 2008
Page 6 of 6 Pages
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DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
March Meeting
4. -:PW =::.2
March 3, 2008; 3:30 pm
Allen Room, 2nd Floor County Administration Building
1300 NW Wall, Bend, OR
Agenda
I Call to Order & Introductions*
Judge Sullivan
II February Minutes Attachment 1
Judge Sullivan
Action: Approve February minutes
III Public Comment
Judge Sullivan
IV Deadly Physical Force Plan
Michael Dugan
Action: Update on plan status
V Legislative Update Attachment 2
Ken Hales
Action: Report on status of SB 1087 and HB 3638
VI 9-1-1 Service District
Becky McDonald
Action: Update on funding
VII Kids Center Report Attachment 3
Bob Smit
Action: Brief Council on report
VII Gang Intervention Grant
Deevy Holcomb
Action: Update on gang grant request
VIII Report on State Community Corrections Funds Attachment 4
Dave Kanner
Action: Provide report on State grant funding and utilization
VIII Drug Court
Earnest Mazorol
Action: Update on program funding
IX Other Business
Judge Sullivan
Attachment 2
2008 Property Crime and Treatment Package
SIB 1087 and HB 3638
SB 1087 is the proposed legislative referral that would increase sentences for repeat
drug and property offenders and require drug and alcohol treatment for addicted
offenders in order to reduce the likelihood of future criminal activity. In essence it is two
thirds-enhanced-punishment and-one-third rehabilitation - an element that sets it-apart--
from other crime-fighting measures enacted to date.
HB 3638 is the companion legislation to SB 1087 which would enact statutes limiting
participation in the Alternative Incarceration Program (AIP), restricts felons in jail from
voting _ -I lii _ :Sn:! t\i 'a#lS :r, re rm national i.....i... ..a :.-a_!~ iii i i hi.i5ivi y i d ai ii iialkc ai and
implements the treatment grants provided for in SB 1087.
Targeted Sentence Enhancements
The increased sentences in SB 1087 are surgically focused on repeat property offenders
who persistently commit multiple property offenses like ID theft, forgery, mail theft,
vehicle theft and burglary. It also targets sentence enhancements for drug offenders
convicted of trafficking significant quantities of meth, cocaine, heroin or ecstasy, as well
as repeat drug dealers, adults who sell drugs to minors and criminals who steal from or
defraud the elderly. When fully implemented in 2013-15, the sentence enhancement
portion of SB 1087 will cost about $50M a year for an estimated 1,400 additional inmates
in state prisons.
Requiring Treatment for Addicted Property Offenders
Virtually everyone who works in the criminal justice system knows that addiction fuels
much of the property crime in Oregon's communities and that merely locking up addicted
property offenders does not cause them to change their behavior. Too often addicted
offenders cycle in and out of jail or prison without access to the treatment that would give
them the opportunity to change their behavior. According to the Oregon Department of
Corrections (DOC) 85% of repeat property offenders within its custody have a moderate
to severe drug and/or alcohol problem. The recidivism rate for these offenders is 49%.
Because of limited resources and the relatively short length of stay at DOC only 12% of
this inmate population participates in substance abuse treatment (known as the
Alternative Incarceration Program or AIP) while in custody. SB 1087 seeks to break this
cycle by significantly enhancing funding to corrections officials at both the state and local
level in order to require that addicted offenders enter and complete treatment. SB 1087
provides the courts with the ability to impose swift and certain sanctions on addicted
offenders who refuse treatment. In this way, SB 1087 is not only tough on crime, its also
smart on crime by providing offenders with the tools they need to change behavior and
reduce crime. The treatment component of SB 1087 will cost about $40M a biennium
beginning in 2009-11.
Why Drug Trafficking?
Since Oregon's landmark 2005 restrictions on pseudoephedrine, the key ingredient for
methamphetamine, home meth labs in our state have virtually been eliminated. Now,
the main source of methamphetamine coming into Oregon is from drug traffickers who
bring substantial quantities into the state via our interstate highways. Current sentencing
law enhances the sentence when the offender is distributing quantities greater than 9
grams. SB 1087 would impose even greater sentences on traffickers who are
distributing quantities in excess of 100 grams or 500 grams. SB 1087 will give law
Attachment 2
enforcement a valuable tool to hold drug traffickers accountable for bringing meth and
other drugs into Oregon.
Voters Deserve a Choice
SB 1087 will be referred to the voters on the same ballot as IP 40 - the citizen initiative
that would impose mandatory minimum sentences for certain first time property and drug
crimes. As atallot--measur-e, S-6 108-7 includes-an "either-or" provision that ensures only
one of these two measures can take effect. If both receive a majority of votes on the
November 2008 ballot, only the measure that receives the highest number of votes will
take effect.
IP 40 is estimated to cost between $128 and $200M a year when fully implemented, not
including prison construction costs for the approximately three additional state facilities
that will have to be built to accommodate the increased prison population. IP 40
contains no funding for drug and alcohol treatment. Comparatively, the prison bed and
treatment components of SB 1087 will cost a total of about $65-70M a year when fully
implemented. Supporters believe that the voters deserve a choice as to how best to
address property crime and reduce future criminal activity. Simply put, the SB 1087 is a
more effective solution and one that will cost Oregonians dramatically less money than
IP 40.
Does This Package Create an Open-Ended Mandate for Treatment?
No. SB 1087 does require DOC to provide appropriate treatment to drug addicted
offenders, but it specifically leaves discretion to the DOC to determine who is to be
provided with these services. Both SB 1087 and HB 3638 contain specific language that
makes unambiguous that nothing in this measure creates any claim, right of action or
civil liability and that nothing requires the provision of treatment to any individual
offender.
Does this have any impact on Measure 11?
No. Some have suggested that this package is an attempt to subvert mandatory
minimum sentences for violent crimes under Measure 11. This is simply not true.
Absolutely nothing in either SIB 1087 or HB 3638 modifies sentencing for person crimes,
including the violent person crimes listed under Measure 11. To the contrary, Measure
11 and other non-Measure 11 person crimes are specifically excluded from AIP eligibility
in HB 3638. Nothing in either bill creates any treatment program for or reduces
sentences of Measure 11 offenders.
Are the treatment programs that would be funded by this package effective?
These programs are subject to SB 267 requirements for evidence based practices. SB
1087 specifically provides for legislative oversight of the grants created under the
measure and requires the Oregon Criminal Justice Commission to periodically conduct
independent evaluations of the programs to ensure effectiveness. Additionally, HB 3638
requires that funding decisions for the grants be guided by evidence-based practices,
risk assessment tools and other research based considerations. The point is to ensure
that funding goes to the programs that are best designed to reduce recidivism, and
therefore reduce future crime.
r-
Attachment 2
February 2008 Property Offender Package Index
SB 1087A
Property Crime and Treatment Referral
Sec. 1
Legislative Findings
Sec. 2
Drug Trafficking Penalties
Sec. 3
Drug_Delivery to Minor Penalties
Sec. 4
Aggravated Theft over $ l Ok Victim Over 65
Sec. 5
Drug Definitions
Sec. 6
Repeat Drug Dealers
Sec. 7
Repeat Property Offenders
Oec. o
T reatment Grants for Drug Addicted Offenders
- DOC treatment programs
- County Jail
- County treatment programs
- County intensive supervision
- CJC Drug Courts
Sec. 9
Swift and Certain.sanctions for refusal to participate
in treatment
Sec. 10
Mail Theft enhanced to C Felony
Sec. 11
Limitations on downward departures for Drug
Trafficking, Delivery to Minor, Agg Theft/over 65
Sec. 12
Sentencing Provisions Apply to Crimes Committed
after 1 / 1 /09
Treatment Provision Effective 7/1/09
Sec. 13
Either/Or Clause with IP 40
Sec. 14
Severability Clause
Sec. 15
Referral for 11/08 Ballot
HB 3638A
Sec. 1 - 5
AIP, Criminal History and Voting Legislation
AIP reforms; effective 1/1/09
Sec. 6
Felons in Jail cannot vote;
effective 1/1/09
See. 7
National Criminal History Check at Jail Intake;
effective 1/1/09
Sec. 8
Definitions re SB 1087
Sec. 9
Implementation of the Treatment Grants under SB
1087
Sec. 10
No claim, liability or fundamental right to treatment
Does not require treatment for every offender
Sec. 11
Effective dates
Sec. 12
Implementation language of Treatment sections
Sec. 13
Emergency Clause
Attachment 2
SB 1087A Section by Section Analysis
SB 1087A is a referral to the people for the November 2008 ballot that enhances sentences for
repeat drug and property offenders and requires treatment for certain addicted offenders. This
summary includes changes made by the -A 10 amendments unanimously adopted by Ways and
Means on February 19.
Section. 1: Preamble Acknowledges that drug addicted Oregonians-who-commit drug and
property crime are a threat to public safety, and also that the response to this problem should be a
combination of enhanced punishment and drug treatment.
Section 2: Drug Trafficking Provides enhanced penalties for drug traffickers and manufacturers
Who nnccPcc c t cf-1-;P( n-t-mfc ..F.. f!. 4 _
, G~.Di 6y, and cocaine. A ~.1GCJVlI WIW
manufactures or deals 500 or more grams of meth or cocaine, or 100 grams of heroin or ecstasy is
subject to prison sentence from 58-130 months depending upon their criminal history. A person
who manufactures or deals 100 or more grams of meth or cocaine, or 50 or more grams of heroin
or ecstasy is subject to 34-72 months depending upon their criminal history. Under current law,
there is no provision for increased sentences for any amount over 10 grams.
Section 3: Drug Delivery to Minor Provides enhanced penalties for person who delivers meth,
cocaine, ecstasy, or heroin to a person under 18. Person is subject to 34-72 months depending
upon their criminal history. Provides exception in the sentence if the person is less than three
years older than the minor he or she is providing drugs to, unless he or she is a repeat offender.
Section 4: Theft against Elderly Victim Provides enhanced penalties for a person who steals
$10,000 or more from a victim who is 65 years of age or older. The person is subject to 16-45
months depending upon their criminal history.
Section 5: Definitions No changes to current law.
Section 6: Repeat Drug Dealers This section deals with manufacturers or deliverers of
controlled substances other than marijuana who are repeat offenders. It eliminates the court's
ability to give such an offender a probation sentence if the sentencing guidelines call for a prison
sentence.
Section 7: Repeat Property Offenders Enhances sentences under the repeat property offender
statute, ORS 137.717. Under current law, repeat property offenders are eligible for a presumptive
sentence of 19 or 13 month sentences. This measure increases repeat property offender sentences
to presumptive sentences of 24 and 18 months respectively. Identity theft is increased from the
13 months sentence under current law to the 24 month sentence under the new law.
The measure also makes it easier to qualify as a repeat property offender. Under current law,
offenders are not eligible for the 13 month prison sentence until their fifth conviction for certain
property crimes. The measure changes that in a way that provides a 18 month prison sentence
upon the person's second conviction if the second offense occurs within 3 years of the
termination of the offender's period of supervision that resulted from their first conviction. Third
or subsequent property convictions trigger the prison sentence within any time frame. The crimes
of Mail Theft, Fraudulent Use of a Credit Card, Robbery 3, and Criminal Possession of a Forged
Instrument are added to the existing property crimes that trigger this section.
Provides increased prison sentence of two months for each additional previous property
conviction, with a cap of 12 months increased sentence on top of the 18 or 24 month sentence.
Attachment ~2
Restricts the court's ability to depart downward to probation or a shorter prison sentence when an
offender qualifies for the presumptive sentences mentioned above.
Section 8: Treatment and Drug Courts Directs the Department of Corrections (DOC) to
provide appropriate treatment to addicted offenders who are at medium to high risk of re-
offending and who- have moderate to severe treatment_n_e-eds___Estabiishes a gram system in-which
the Department of Corrections makes grants to counties to provide supplemental funding for:
• Jails,
• Treatment of drug addicted offenders on community supervision, and
• Intensive supervision (smaller caseloads) of drug addicted offenders.
This section directs the DOC to work with local law enforcement partners in establishing the
grant program's rules and awarding the actual grants.
This section also directs the Oregon Criminal Justice Commission (CJC) to provide grants to
counties for the purposes of funding drug courts.
The CJC is to conduct regular and independent evaluations of programs funded through this grant
system to ensure their effectiveness at reducing offender recidivism.
Contains language that makes clear that the treatment grants do not require the state or local
government to provide treatment services to any individual offender within its custody or
supervision, and that this provision creates no right of action or liability.
Section 9: Swift and Certain Sanctions for Refusing Treatment The measure ensures that
judges have the authority to impose swift and certain punishment for offenders who do not
comply with court-ordered treatment.
Section 10: Mail Theft Enhanced to a Felony Enhances mail theft, currently a class A
misdemeanor, to a class C felony.
Section 11: Limitations on Downward Departures Limits court's ability to downward depart
from prison to probation or to a lesser prison sentence for Drug Trafficking, Delivery to Minor
and Aggravated Theft against an Elderly Victim.
Section 12: Operative Dates Establishes January 1, 2009 operative date for the referral, so that
this law applies to crimes committed on or after January 1, 2009. Treatment funding and grant
program sections are operative July 1, 2009.
Section 13: Either/Or Clause The measure contains an either/or clause to make clear that voters
have a choice between this alternative and IP 40. Both this referral and IP40 will be on the
November 2008 ballot. If both receive a majority of votes, then whichever has more votes will
become effective. Both measures cannot become law.
Section 14: Severability If any portion of the measure is found to be unconstitutional, it is
severed and the remainder of the measure stays in force.
Section 15: Referral for 11/08 Ballot Refers this measure to the voters for the November
general election.
2
Attachment 2
HB 3638A Section by Section Analysis
HB 3638A is legislation that limits participation in the Alternative Incarceration Program
(AIP), restricts felons in jail from voting, requires county jails to perform national
criminal history checks at intake and implements the treatment grants provided for in-SB
1087A. This legislation is a companion to the SB 1087A referral that enhances sentences
or repeat drug and property offenders and requires treatment for certain addicted
offenders. This summary includes the -A5 amendments adopted by Ways and Means on
February 19.
Section 1: Limits Criteria for AIP Flioihility
Establishes criteria for an offender's participation in the Alternative Incarceration
Program. Reverses the current presumption that an offender is eligible for AIP program.
Requires Court to make findings that offender may be considered for AIP. To be eligible
for the AIP program the defendant must ask the court to make the determination he or she
is eligible, or the district attorney must agree that AIP participation is appropriate. The
court may make the offender eligible for DOC to allow into the program if the court
finds:
• the offender was not on supervision for a violent offense when he or she
committed the crime,
• the offender has not previously benefited from a reduced AIP sentence,
• the harm or loss is not greater than usual for that type crime,
• the crime was not part of an organized criminal operation, and
• Defendant's successful completion of the program will:
o Increase public safety
o Enhance likelihood of rehabilitation, and
o Not unduly reduce the appropriate punishment.
No offender being sentenced for Aggravated Murder, a Measure 11 crime, a crime calling
for sex offender registration shall qualify for AIP.
No offender being sentenced for a crime that has death or serious physical injury of the
victim as an element shall qualify for AIP unless stipulated to by the district attorney.
Section 2-3: Conforming Changes
Section 4: Establishes Limitations on AIP Participation
• An offender who is removed from the program cannot re-enter during that
incarceration period,
• Offender must serve at least 12 months from the beginning of jail incarceration to
the end of his or her 90 day non-prison leave.
• Offender may receive 20% reduction in sentence for AIP in addition to the 20%
reduction for "earned time."
• Offenders with detainers from other jurisdictions may not participate in AIP.
Attachment 2
Section 5: Non-Prison Leave
Changes name of 90-day "transitional leave" to "non-prison leave."
Section 6: Voting Restrictions
Denies voting rights to an offender while he or she is incarcerated in local jail or state
prison. This includes incarceration due to probation violation sanction or revocation.
Section 7: National Criminal History Check
Directs jailer to conduct a national criminal records check whenever an offender is
incarcerated.
Section 8: Definitions
Defines "Drug Addicted Persons" and "Intensive Supervision" for purposes of SB 1087.
Section 9: SB 1087 Treatment Grant Implementation
Directs Dept. of Corrections (DOC) to determine treatment eligibility of offenders under
SB 1087, and adopt rules for administration of the treatment grants provided by SB 1087.
Creates a public safety stakeholder committee that DOC is to consult with in creating
administration rules and awarding grants under SB 1087. Provides guidance for
awarding SB 1087 grants.
Section 10: No Right to Treatment or other Claims
Clarifies that nothing in this measure or SB 1087 requires provision of treatment to any
individual offender or creates any claim, right of action or civil liability.
Section 11-12: Implementation and Effective Dates
Makes AIP, Voting and Criminal History Check provisions operative date January 1,
2009. AIP restrictions apply to persons sentenced for crimes committed on or after
January 1, 2009. SB 1087 provisions become effective only upon enactment of SB 1087
by the people.
Section 13: Emergency Clause
An emergency clause was inserted by LC to ensure that the provisions of HB 3638 that
implement the grants authorized by SB 1087 are repealed in the event that SB 1087 is not
enacted by the voters.
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Attachment 3
SUM" House Bill 3328: Karly's Law
A Summary for MDTs and Community Partners
Introduction
The changes brought forth by House Bill 3328 affect the way child abuse multidisciplinary teams (MDTs)
tdentil.7 document, and respond to Ch iid abuse. The intent of the bill is to standardize some basic child
abuse investigation procedures and protocols regarding child physical abuse.
HB 3328 includes an emergency clause, which makes the requirements listed in this summary effective
immediately. The statutory changes will require changes in protocols, additional data collection, and
increased communication between MDT members and community partners. This legislation requires a
lot from MDTs in a short amount of time. Recognizing the large task MDTs face, the Department of
Justice is committed to helping teams succeed in this implementation process by providing data collection
forms, training, and technical assistance.
What follows is a summary of the most important aspects and requirements of HB 3328. Please share this
information with your MDT, your agency, or any community partners that are involved in child abuse
intervention in your area.
The Three Core Requirements of HB 3328
The requirements listed below are the three essential requirements of this bill. The bill continues to
clarify these points for MDTs and community partners who participate in the investigation and
intervention of child abuse. Many of these changes will require MDTs to make changes to their
protocols. This summary will explore the details of each core requirement individually.
• Any person conducting an investigation who observes a child who has suffered suspicious
physical injury must immediately photograph the injuries.
• Each MDT must identify a designated medical professional who is trained and regularly available
to conduct medical assessments as described in ORS 418.782.
• Any person conducting an investigation who observes a child who has suffered suspicious
physical injury must ensure that a designated medical professional conducts a medical assessment
within 48 hours.
Photos
According to Section 3 (2) (a), "If a person conducting an investigation under ORS 419B. 020 observes a
child who has suffered suspicious physical injury and the person has a reasonable suspicion that the
injury may be the result of abuse, the person shall, in accordance with the protocols and procedures of
the county multidisciplinary team described in ORS 418.747:
(a) Immediately photograph or cause to have photograph the suspicious physical injuries in accordance
with DRS 418B. 028; "
To photograph a "suspicious physical injury," investigators first must be able to consistently identify what
a suspicious physical injury is. The new legislation gives a detailed definition of suspicious injury in
Section 3 (1) (b). Suspicious physical injury includes but is not limited to:
• Burns or scalds
• Extensive bruising or abrasions on any part of the body
• Bruising, swelling or abrasions on the head, neck or face
• Fractures of any bone in a child under the age of three
• Multiple fractures in a child of any age
• Dislocations, soft tissue swelling or moderate to severe cuts
• Loss of the ability to walk or move normally according to the child's developmental ability
• Unconsciousness or difficulty maintaining consciousness
• Multiple injuries of different types
• Injuries causing serious or protracted disfigurement or loss or impairment of the function of any
bodily organ
• Any other injury that threatens the well-being of a child
Upon the identification of such an injury, the injuries must be photographed IMMEDIATELY per the
new statutes.
Additionally, HB 3328 gives direction regarding the taking, development, and maintenance of
photographs in suspicious injury cases. Pursuant to Section 3 (3) of the bill, photographs MUST be
taken:
• Each time suspicious physical injury is observed by Department of Human Services or law
enforcement personnel during the investigation of a new allegation of abuse or if the injury was
not previously observed by a person conducting an investigation under ORS 41913.020.
• Regardless of whether the child has been previously photographed or assessed during an
investigation of an allegation of abuse.
Typically, DHS or law enforcement will be taking these photographs, unless the injuries are anogenital
injuries. In a case where anogenital injuries are present, only medical personnel may photograph the
child's injuries. (See Section 5 (1) of HB 3328.) As a result of the photography requirement of HB 3328,
investigators must make sure they have the appropriate equipment to take the required photographs. If
training in the photographing of such injuries is needed, please contact the Department of Justice for
referral to the training resources available throughout the state.
In regard to the development and maintenance of the required photos, the person or investigator taking the
photographs does have a deadline by which to develop the photographs. Per Section 5 (2) of the bill, the
person taking the photographs SHALL - within 48 hours or by the end of the next regular business day
(whichever occurs later):
Provide hard copies or prints of the photographs and, if available, copies of the photographs in
electronic format to the designated medical professional described in ORS 418.747 (9).
Place hard copies or prints of the photographs and, if available, copies of the photographs in an
electronic format in any relevant files pertaining to the child maintained by the law enforcement
agency or the department.
2
• Make the photographs available to each member of the MDT at the first meeting regarding the
child's case following the taking of the photographs. (This requirement is located in Section 6
(10) of HB 3328.)
As a result of the above changes regarding the taking, development, and maintenance of these
photographs, teams must include these changes in their protocols in order to ensure that these photographs
are being taken in suspicious physical injury cases.
Ultimately, MDTs will have to report to the Department of Justice regarding the implementation of this
process. Currently a form is being developed by the Department of Justice to assist MDTs in collecting
this data. In the interim, teams are encouraged to begin developing strategies as to how they will
collaborate to collect the required data for this implementation process as it pertains to all of the
requirements of HB 3328.
Designated Medical Professional
Section 6 (9) of HB 3328 states:
"Each team shall designate at least one physician, physician assistant, or nurse practitioner who has
been trained to conduct child abuse medical assessments, as defined in ORS 418.782, and who is, or who
may designate another physician, physician assistant or nurse practitioner who is, regularly available to
conduct the medical assessment described in Section 3 of this 2007 act. "
As teams are looking towards compliance with the medical assessment component of this bill, a clear
understanding of who is to provide those medical assessments and how is essential. As the statute states
above, the designated medical professional can be a physician, physician assistant or nurse practitioner.
That medical professional may be located within your county, or in another county, in a child abuse
intervention center, or in another type of medical facility. The only requirements of the designated
medical professional are:
They are trained to perform child abuse medical assessments as defined in ORS 418.782
They are regularly available to conduct these examinations
In order to meet this requirement of HB 3328, MDTs may have to recruit or train a designated medical
professional for their county. As a result, MDT resources may have to be allocated towards this purpose.
If your MDT is struggling with locating, training, or recruiting a designated medical professional, please
contact CAMI and technical assistance will be provided.
As with the photograph requirement of the bill, there will be a data collection piece attached to this
requirement as well. MDTs will be required to submit information to the Department of Justice that not
only identifies who their designated medical professional is, but also provides information regarding their
training and availability. If, after a reasonable effort, an MDT is unable to identify a designated medical
professional for their county, they must submit a written plan to the Department of Justice which
describes how they will recruit and train a designated medical professional for their county, as well as
how the MDT will ensure that children with suspicious physical injuries are receiving the required
medical assessments during the interim period.
While the bill does not require the information regarding each MDT's designated medical professional to
be submitted until September 1, 2008, the emergency clause in the bill requires the changes involving the
designated medical professional to be implemented immediately. Thus, teams must begin the process of
identifying the designated medical professional for their county immediately as well. MDTs will be
3
required to submit this information to the Department of Justice as soon as possible. A form will be
provided by the Department of Justice to help MDTs collect and submit this information.
Medical Assessments for Suspicious Physical Injury Cases
Another core requirement listed in Section 3 (2) (b) states:
"(2) If a person conducting an investigation under ORS 419B. 020 observes a child who has suffered
suspicious physical injury and the person has a reasonable suspicion that the injury may be the result of
abuse,, the person shall, in accordance with the protocols andprocedures of the county multidisciplinary
child abuse team described in ORS 418.747.
(b) Ensure that a designated medical professional conducts a medical assessment within 48 hours or
sooner if dictated by the child's medical needs. "
In order to ensure the child's safety, medical assessments are now required within 48 hours of the
identification of suspicious physical injuries. Not only will this help to ensure the child's health, safety,
and well-being, but also will help MDTs to collect, document, and preserve important and often quickly
disappearing evidence. Children heal so rapidly, that often by the time the child is seen by a physician,
the injuries are no longer visible. By requiring the child to see a designated medical professional, the
hope is that children will be seen by well-trained and qualified medical providers.
Additional statutory changes in the bill give further direction to MDTs and investigators regarding
medical assessments on suspicious physical injury cases. Medical assessments MUST be conducted
within 48 hours:
• Each time suspicious physical injury is observed by the Department of Human Services or law
enforcement personnel during the investigation of a new allegation of abuse or if the injury was
not previously observed by a person conducting an investigation under ORS 419B.020
• Regardless of whether the child has previously been photographed or assessed during an
investigation of an allegation of abuse.
Recognizing that not all suspicious physical injuries will fall within regular working hours or on-call
hours when the designated medical professional would be available, further statutory allowances were
made. If, after a reasonable effort, law enforcement or Department of Human Services personnel are
unable to get the child seen by the designated medical professional, the child MUST be seen by any
available physician. If a child is seen by a physician other than the designated medical professional, the
physician conducting the exam:
• SHALL make photographs, clinical notes, diagnostic and testing results and any other relevant
materials available to the designated medical professional within 72 hours following the
evaluation of the child.
• MAY consult with and obtain records from the child's regular pediatrician or family physician
under ORS 419B.050.
• MAY, within fourteen days, refer children under five years of age for a screening for early
intervention services or early childhood special education. This referral may NOT indicate the
child is subject to a child abuse investigation.
While the timeline on these medical assessments is 48 hours, there is nothing to prevent the person
conducting the child abuse investigation from seeking immediate medical treatment from a hospital
emergency room or other medical provider for a child who is physically injured or otherwise in need of
4
immediate medical care. Additionally, nothing in HB 3328 limits the rights provided to minors in ORS
chapter 109 or the ability of a minor to refuse to consent to the medical assessment.
The statutory changes of HB 3328 regarding medical assessments require MDTs to change their protocols
regarding physical abuse cases. Each of the 36 county MDTs in Oregon has a unique set of protocols. It
will be up to MDTs individually, to review the requirements of HB 3328 and incorporate the new
statutory requirements into their protocols.
There will be data collection involved in this piece of the implementation process. The Department of
Justice will be collaborating with MDTs, community partners, child abuse intervention centers, and the
county designated medical professionals to gather this information in an efficient, user-friendly, and
consistent planner.
Other Important Reauirements
Additional requirements were included in HB 3328 that affect the handling of suspicious physical injury
cases. For example, if an investigation is being conducted regarding a child under the age of five who is
already receiving early intervention services, the MDT SHALL invite the person involved in the delivery
of those services to participate in the MDTs review of the child's case (See Section 3 (6)). MDTs have
the option of inviting the early intervention service provider to only those MDT meetings in which the
provider is involved in a case, or they may include the early intervention service provider in the MDT as a
regular or permanent MDT member.
Section 4 requires the assignment of Critical Incident Response Teams (CIRT) by the Department of
Human Services. DHS shall assign a CIRT within 24 hours after the department determines that a child
fatality was related to child abuse or neglect if:
• The child was in DHS custody at the time of death
• The child was the subject of a child protective services assessment by DHS within 12 months
prior to the date of death
During the course of the CIRT case review, the CIRT may consult with the district attorney from the
county where the death occurred.
Reporting
As indicated previously, the Department of Justice is currently working on developing forms and
templates to help MDTs, child abuse intervention centers, and other partner agencies to collect data
regarding the implementation of HB 3328. The statutory changes require MDTs to submit information to
the Department of Justice by September 1, 2008. After the MDTs have submitted the information to the
Department of Justice, the Department of Justice then must compile that information and report back to
an interim legislative committee on the implementation data by October 1, 2008.
Due to the immediacy of the changes required by this legislation, the Department of Justice will be
requiring quarterly reports from MDTs regarding the implementation of HB 3328. While the Department
recognizes that this will be an additional reporting burden for MDTs, it is our hope that through the forms
provided and a more frequent reporting process, MDTs will be spared the last minute scramble to collect
a year's worth of data from numerous agencies and community partners.
5
The reporting forms are currently being developed and will be provided to MDTs as soon as they are
available. MDTs will also be provided with a schedule of submission dates for the required quarterly
reports.
So what does it all mean?
HB 3328 requires a lot from MDTs in a very short amount of time. The changes made to statutes and,
ultimately, MDT protocols and procedures will be significant. Hopefully, through these changes,
physical abuse cases will be more consistently addressed statewide, children will be seen by qualified
medical professionals, and MDTs will be able to provide a more comprehensive array of intervention
services to children and families.
The Department of Justice is committed to assisting MDTs through the implementation process by
providing any training or technical assistance MDTs might need. Through collaboration, we will be
successful in implementing these important changes that can improve the welfare of Oregon's children.
6
i
Attachment 3
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 3328
Sponsored by Representative GELSER; Representatives BARKER, BARNHART, CAMERON, CAN-
NON, D EDWARDS, FLORES, HUNT, KOTEK, KRIEGER, MERKLEY, NELSON, OLSON,
READ, ROBLAN, TOMEI
CHAPTER
AN ACT
Relating to child abuse investigations; creating new provisions; amending ORS 418.747, 418.785 and
419B.028; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 3 and 4 of this 2007 Act shall be known and may be cited as "Karly's
Law."
SECTION 2. Section 3 of this 2007 Act is added to and made a part of ORS 419B.005 to
419B.050.
SECTION 3. (1) As used in this section:
(a) "Designated medical professional" means the person described in ORS 418.747 (9) or
the person's designee.
(b) "Suspicious physical injury" includes, but is not limited to:
(A) Burns or scalds;
(B) Extensive bruising or abrasions on any part of the body;
(C) Bruising, swelling or abrasions on the head, neck or face;
(D) Fractures of any bone in a child under the age of three;
(E) Multiple fractures in a child of any age;
(F) Dislocations, soft tissue swelling or moderate to severe cuts;
(G) Loss of the ability to walk or move normally according to the child's developmental
ability;
(H) Unconsciousness or difficulty maintaining consciousness;
(I) Multiple injuries of different types;
(J) Injuries causing serious or protracted disfigurement or loss of impairment of the
function of any bodily organ; or
(K) Any other injury that threatens the physical well-being of the child.
(2) If a person conducting an investigation under ORS 419B.020 observes a child who has
suffered suspicious physical injury and the person has a reasonable suspicion that the injury
may be the result of abuse, the person shall, in accordance with the protocols and procedures
of the county multidisciplinary child abuse team described in ORS 418.747:
(a) Immediately photograph or cause to have photographed the suspicious physical inju-
ries in accordance with ORS 419B.028; and
(b) Ensure that a designated medical professional conducts a medical assessment within
48 hours, or sooner if dictated by the child's medical needs.
Enrolled House Bill 3328 (HB 3328-B) Page 1
(3) The requirement of subsection (2) of this section shall apply:
(a) Each time suspicious physical injury is observed by Department of Human Services
or law enforcement personnel:
(A) During the investigation of a new allegation of abuse; or
(B) If the injury was not previously observed by a person conducting an investigation
under ORS 41913.020; and
(b) Regardless of whether the child has previously been photographed or assessed during
an investigation of an allegation of abuse.
(4)(a) Department or law enforcement personnel shall make a reasonable effort to locate
a designated medical professional. If after reasonable efforts a designated medical profes-
sional is not available to conduct a medical assessment within 48 hours, the child shall be
evaluated by an available physician.
(b) If the child is evaluated by a physician, physician assistant or nurse practitioner
other than a designated medical professional, the evaluating physician, physician assistant
or nurse practitioner shall make photographs, clinical notes, diagnostic and testing results
and any other relevant materials available to the designated medical professional for con-
sultation within 72 hours following evaluation of the child.
(c) The person conducting the medical assessment may consult with and obtain records
from the child's regular pediatrician or family physician under ORS 419B.050.
(5) Nothing in this section prevents a person conducting a child abuse investigation from
seeking immediate medical treatment from a hospital emergency room or other medical
provider for a child who is physically injured or otherwise in need of immediate medical care.
(6) If the child described in subsection (2) of this section is less than five years of age,
the designated medical professional may, within 14 days, refer the child for a screening for
early intervention services or early childhood special education, as those terms are defined
in ORS 343.035. The referral may not indicate the child is subject to a child abuse investi-
gation unless written consent is obtained from the child's parent authorizing such disclosure.
If the child is already receiving those services, or is enrolled in the Head Start program, a
person involved in the delivery of those services to the child shall be invited to participate
in the county multidisciplinary child abuse team's review of the case and shall be provided
with paid time to do so by the person's employer.
(7) Nothing in this section limits the rights provided to minors in ORS chapter 109 or the
ability of a minor to refuse to consent to the medical assessment described in this section.
SECTION 4. (1) The Department of Human Services shall assign a Critical Incident Re-
sponse Team within 24 hours after the department determines that a child fatality was likely
the result of child abuse or neglect if-
(a) The child was in the custody of the department at the time of death; or
(b) The child was the subject of a child protective services assessment by the department
within the 12 months preceding the fatality.
(2) During the course of its review of the case, the Critical Incident Response Team may
include or consult with the district attorney from the county in which the incident resulting
in the fatality occurred.
(3) The department shall adopt rules necessary to carry out the provisions of this sec-
tion. The rules adopted by the department shall substantially conform with the department's
child welfare protocol regarding Notification and Review of Critical Incidents.
SECTION 5. ORS 419B.028 is amended to read:
41913.028. (1) In carrying out its duties under ORS 419B.020, any law enforcement agency or the
Department of Human Services may photograph or cause to have photographed any child subject
of the investigation for purposes of preserving evidence of the child's condition at the time of the
investigation. Photographs of the anal or genital region may be taken only by medical per-
sonnel.
Enrolled House Bill 3328 (HB 3328-B) Page 2
(2) When a child is photographed pursuant to section 3 of this 2007 Act, the person taking
the photographs or causing to have the photographs taken shall, within 48 hours or by the
end of the next regular business day, whichever occurs later:
(a) Provide hard copies or prints of the photographs and, if available, copies of the pho-
tographs in an electronic format to the designated medical professional described in ORS
418.747 (9); and
(b) Place hard copies or prints of the photographs and, if available, copies of the photo-
graphs in an electronic format in any relevant files pertaining to the child maintained by the
law enforcement agency or the department.
[(2)] (3) For purposes of ORS 41913.035, photographs taken under authority of [subsection (1) of]
this section shall be considered records.
SECTION 6. ORS 418.747 is amended to read:
418.747. (1) The district attorney in each county shall be responsible for developing county
multidisciplinary child abuse teams to consist of but not be limited to law enforcement personnel,
Department of Human Services child protective service workers, school officials, county health de-
partment personnel, county mental health department personnel who have experience with children
and family mental health issues, child abuse intervention center workers, if available, and juvenile
department representatives, as well as others specially trained in child abuse, child sexual abuse
and rape of children investigation.
(2) The teams shall develop a written protocol for immediate investigation of and notification
procedures for child abuse cases and for interviewing child abuse victims. Each team also shall de-
velop written agreements signed by member agencies that are represented on the team that specify:
(a) The role of each agency;
(b) Procedures to be followed to assess risks to the child;
(c) Guidelines for timely communication between member agencies;
(d) Guidelines for completion of responsibilities by member agencies;
(e) That upon clear disclosure that the alleged child abuse occurred in a child care facility as
defined in ORS 657A.250, immediate notification of parents or guardians of children attending the
child care facility is required regarding any abuse allegation and pending investigation; and
(f) Criteria and procedures to be followed when removal of the child is necessary for the child's
safety.
(3) Each team member and the personnel conducting child abuse investigations and interviews
of child abuse victims shall be trained in risk assessment, dynamics of child abuse, child sexual
abuse and rape of children and legally sound and age appropriate interview and investigatory tech-
niques.
(4) All investigations of child abuse and interviews of child abuse victims shall be carried out
by appropriate personnel using the protocols and procedures called for in this section. If trained
personnel are not available in a timely fashion and, in the judgment of a law enforcement officer
or child protective services worker, there is reasonable cause to believe a delay in investigation or
interview of the child abuse victim could place the child in jeopardy of physical harm, the investi-
gation may proceed without full participation of all personnel. This authority applies only for as
long as reasonable danger to the child exists. A law enforcement officer or child protective services
worker shall make a reasonable effort to find and provide a trained investigator or interviewer.
(5) To ensure the protection and safe placement of a child, the Department of Human Services
may request that team members obtain criminal history information on any person who is part of
the household where the department may place or has placed a child who is in the department's
custody. All information obtained by the team members and the department in the exercise of their
duties is confidential and may be disclosed only when necessary to ensure the safe placement of a
child.
(6) Each team shall classify, assess and review cases under investigation.
(7)(a) Each team shall develop and implement procedures for evaluating and reporting compli-
ance of member agencies with the protocols and procedures required under this section. Each team
Enrolled House Bill 3328 (HB 3328-B) Page 3
shall submit to the administrator of the Child Abuse Multidisciplinary Intervention Program copies
of the protocols and procedures required under this section and the results of the evaluation as re-
quested.
(b) The administrator may:
(A) Consider the evaluation results when making eligibility determinations under ORS 418.746
(3);
(B) If requested by the Advisory Council on Child Abuse Assessment, ask a team to revise the
protocols and procedures being used by the team based on the evaluation results; or
(C) Ask a team to evaluate the team's compliance with the protocols and procedures in a par-
ticular case.
(c) The information and records compiled under this subsection are exempt from ORS 192.410
to 192.505.
(8) Each team shall develop policies that provide for an independent review of investigation
procedures of sensitive cases after completion of court actions on particular cases. The policies shall
include independent citizen input. Parents of child abuse victims shall be notified of the review
procedure.
(9) Each team shall designate at least one physician, physician assistant or nurse prac-
titioner who has been trained to conduct child abuse medical assessments, as defined in ORS
418.782, and who is, or who may designate another physician, physician assistant or nurse
practitioner who is, regularly available to conduct the medical assessment described in sec-
tion 3 of this 2007 Act.
(10) If photographs are taken pursuant to ORS 41913.028, and if the team meets to discuss
the case, the photographs shall be made available to each member of the team at the first
meeting regarding the child's case following the taking of the photographs.
(11) No later than September 1, 2008, each team shall submit to the Department of Jus-
tice a written summary identifying the designated medical professional described in sub-
section (9) of this section. After that date, this information shall be included in each regular
report to the Department of Justice.
(12) If, after reasonable effort, the team is not able to identify a designated medical
professional described in subsection (9) of this section, the team shall develop a written plan
outlining the necessary steps, recruitment and training needed to make such a medical pro-
fessional available to the children of the county. The team shall also develop a written
strategy to ensure that each child in the county who is a suspected victim of child abuse
will receive a medical assessment in compliance with section 3 of this 2007 Act. This strat-
egy, and the estimated fiscal impact of any necessary recruitment and training, shall be
submitted to the Department of Justice no later than September 1, 2008. This information
shall be included in each regular report to the Department of Justice for each reporting pe-
riod in which a team is not able to identify a designated medical professional described in
subsection (9) of this section.
SECTION 7. No later than October 1, 2008, the Department of Justice shall submit to the
appropriate interim legislative committee a report documenting the progress in the imple-
mentation of section 3 of this 2007 Act and the amendments to ORS 418.747, 418.785 and
41913.028 by sections 5, 6 and 8 of this 2007 Act. The report shall also include, but is not
limited to, any fiscal constraints encountered in the implementation of section 3 of this 2007
Act and the amendments to ORS 418.747, 418.485 and 41913.028 by sections 5, 6 and 8 of this
2007 Act.
SECTION 8. ORS 418.785 is amended to read:
418.785. (1) Each county multidisciplinary child abuse team shall establish a child fatality review
team to conduct child fatality reviews. The purpose of the review process is to help prevent severe
and fatal child abuse and neglect by:
(a) Identifying local and state issues related to preventable child fatalities; and
(b) Promoting implementation of recommendations at the county level.
Enrolled House Bill 3328 (HB 3328-B) Page 4
(2) In establishing the review process and carrying out reviews, the child fatality review team
shall be assisted by the county medical examiner or county health officer as well as other profes-
sionals who are specially trained in areas relevant to the purpose of the team.
(3) The categories of fatalities reviewed by the child fatality review team include:
(a) Child fatalities in which child abuse or neglect may have occurred at any time prior to death
or may have been a factor in the fatality;
(b) Any category established by the county multidisciplinary child abuse team;
(c) All child fatalities where the child is less than 18 years of age and there is an autopsy per-
formed by the medical examiner; and
(d) Any specific cases recommended for local review by the statewide interdisciplinary team
established under ORS 418.748.
(4) A child fatality review team shall develop a written protocol for review of child fatalities.
The protocol shall be designed to facilitate communication and the exchange of information between
persons who perform autopsies and those professionals and agencies concerned with the prevention,
investigation and treatment of child abuse and neglect.
(5) Within the guidelines, and in a format, established by the statewide interdisciplinary team
established under ORS 418.748, the child fatality review team shall provide the statewide interdis-
ciplinary team with information regarding the categories of child fatalities described under sub-
section (3) of this section.
(6) Upon the conclusion of a criminal case involving a child fatality, or upon the conclu-
sion of a direct appeal if one is taken, the district attorney may submit a letter to the Gov-
ernor and the Director of Human Services outlining recommendations for the systemic
improvement of child abuse investigations.
SECTION 9. This 2007 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
on its passage.
Passed by House April 30, 2007
Repassed by House May 30, 2007
Chief Clerk of House
Speaker of House
Passed by Senate May 24, 2007
.M.'
Received by Governor-
I M_
Approved:
M........
Filed in Office of Secretary of State:
President of Senate
, 2007
2007
Governor
2007
Secretary of State.
Enrolled House Bill 3328 (HB 3328-B) Page 5
Attachment 3
DARKNESS TO LIGHT
Adults Protecting Children From Sexual Abuse
Visit www.kidscenter.info
for more information.
30 trained facilitators across Central
Oregon are available to conduct Dark-
ness to Light trainings for your organi-
zation, business or community group.
The 3-hour interactive training pro-
gram is motivational and compelling.
It calls participants into personal re-
sponsibility for the safety of children,
while at the same time appreciating
their fears and concerns.
"Informative, challenging, and help-
ful. 1 will be ready to help get the word
out. "
"Every adult who cares about children
should take this training. "
A child's safety is an adult's job. We make sure our children wear seat belts. We walk them across busy streets.
Why, then, would we leave the job of preventing child sexual abuse solely to children?
Upcoming Community Trainings:
6 - 9 pm/ Wednesday, February 20
9 am-12/ Saturday, March 8
6 -9 pm/ Monday, March 24
9 am -12 / Saturday, April 5
6-9 pm/ Wednesday, April 9
9 am -12/ Saturday, April 19
6-9 pm/ Monday, April 28
To sign up for a community
training, or to schedule a training
for your group:
Call the KIDS Center Prevention
Program at 541-383-5958
Or E-mail:
hholbrooks@kidscenter. info
Location:
Rosie Bareis Campus
"Sanctuary"
1010 NW 14th Street, Bend.
$15 sliding scale fee for training
materials. No interested group
or individual will be turned away
due to lack offunds.
A TRI-COUNTY INITIATIVE IMPLEMENTED IN PARTNERSHIP WITH THE FOLLOWING ORGANIZATIONS:
Crook County Health Department, Deschutes County Health Department, Jefferson County Public
Health Department, Crook County Juvenile Department, Deschutes County Juvenile Community
Justice Department, Jefferson County Juvenile Department, Jefferson County District Attorney's Office,
Saving Grace (formerly COBRA), J Bar J, Bend Police Department, Deschutes County Sheriff's Office,
Deschutes County Commission on Children and Families, Big Brothers Big Sisters of Central Oregon
and Warm Springs Victims of Crimes Services.
Experts estimate that
1 in 4 girls and 1 in 6 boys
will be sexually abused
before their 18th birthdays.
The greatest risk to our children
doesn't come from strangers but
from our friends and family-
93% of all victims know
their abusers.
KIRiCeNT