2008-921-Minutes for Meeting September 08,2008 Recorded 10/24/2008DESCHUTES COUNTY OFFICIAL RECORDS -l
NANCY BLANKENSHIP, COUNTY CLERK CJ 1008.911
COMMISSIONERS' JOURNAL
1111111111 10/24/2008 10;18;14 AM
2008-821
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
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statement, in accordance with ORS 205.244:
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G {
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
Monday, September 8, 2008, 3:30 p.m.
Allen Room, 2nd Floor County Administration Building
1300 NW Wall St, Suite 200, Bend, OR
MINUTES OF MEETING
Present were Judge Michael Sullivan; Commissioner Tammy Melton; Court
Administrator Ernie Mazorol; Dave Kanner, County Administrator; Ken Hales,
Corrections; Scott Johnson, Mental Health; Tanner Wark, Adult Parole &
Probation; Larry Blanton, Tracy Jones, Ruth Jenkin, Brook Van der Zwiep and
Chris Bowe, Sheriff's Office; Mike Dugan, District Attorney; Becky McDonald,
911; Jack Blum, citizen member; Hillary Saraceno and Judy Trego, Commission
on Children & Families; Carl Rhodes, Oregon State Police; Aaron Brenneman,
defense attorney; Bob Warsaw, Oregon Youth Authority; Elaine Knobbs, KIDS
Center; Mike Stafford, Public Safety Coordinator for the Oregon Criminal Justice
Commission; Dee Hansen and Roger Olson for NAM; and citizens Gary Smith,
Andrea Blum, Frances Lamb, Mike Lovely, Kathleen Combs, Sara Langton, and
Jessi Watkins. Also present was Richard Coe of The Bulletin..
Judge Sullivan opened the meeting at 3:35 p.m.
1. Call to Order & Introductions
Judge Sullivan called the meeting to order, at which time the attendees
introduced themselves.
2. July Minutes.
Jack Blum indicated that on page 2, section 4, it should be noted that the Judge
makes the appointment of the defense attorney.
Mike Dugan moved approval of the minutes as amended, and Jack Blum
seconded. Approval was unanimous.
Minutes of LPSCC Meeting Monday, September 8, 2008
Page 1 of 5 Pages
3. Public Comments.
Dee Hansen of NAMI reminded the group of the October 1 st event at which
former Judge Wachlter will be speaking, at St. Charles Medical Center.
4. Electronic Signatures.
Ernie Mazorol stated that the Chief Justice of the Supreme Court has
allowed the Courts to make a rule to receive filings of electronic traffic
citations. This is in an attempt to reduce the paperwork load. They can also
process electronically signed tickets. Judge Sullivan added that this is the
first court in the State allowed to do this. There will be backup information
if data is ever lost. This will save the Sheriff's Office and the Courts a lot of
time, effort and money.
5. Criminal Justice Ballot Measures.
Mike Stafford gave a presentation of trends and the overall impact of IP 40 and
SB 1087 that will be before the voters in November.
The first part of his presentation was an overview of the context of the
measures. The second part was the factual material of the measures. (A copy of
his presentation is attached for reference.)
He pointed out that they track drug arrests, which are down at least 3 8%. They
use a six-month rolling average for this. Most of it has to do with the
manufacture, distribution and use of meth.
He gave an overview of the CJC website and its comparison of county to
county.
He stated that the University of Oregon wastewater treatment study shows how
much of what kinds of drugs are being used. For instance, pain killers spike
Thursday night and stay high until Sunday. This can even be tracked hour by
hour.
Meth is everywhere in the state, all the time. The bottom load of meth is
higher than the highest spike of cocaine use.
Minutes of LPSCC Meeting Monday, September 8, 2008
Page 2 of 5 Pages
In regard to property crime, Oregon is 18th in the United States, and is 38th in
violent crime. Property crime rates have been down since the mid-1990's, but it
is a complicated issue with a lot of variables. Some of the reduction is
attributed to Measure 11.
I.D. theft is shown as going down, after spiking in September 2006. This
matches up with the conviction rate. Consumer fraud is up.
Discussion occurred regarding incarceration rates. Mr. Stafford stated that the
average household in the United States pays $684 a year to support prisons.
Mr. Stafford then went over the various impacts of the measures and the groups
that may be impacted the most. It was pointed out that the public won't look at
the millions of dollars it will take for either measure to work. Programs at
Mental Health, WIC, early intervention, victims' assistance and others will be
raided for the money.
Discussion occurred about Measure 57 being a result of Measure 61. It is felt
that Measure 57 is the better of the two evils. Measure 61 does not allow for
prevention or treatment, and it will end up costing a billion dollars. There will
be a minimum of 7% cut from services. The biggest losers could be public
safety or the schools.
Mr. Stafford said that projected incarceration rates show that capacity will be
exceeded in a few years. The issue is the sudden incarceration; Measure 11
lengthened sentences and gave everyone time to build capacity. These
Measures produce an immediate need since the offenders will not be on
probation but will go to jail.
Sheriff Blanton said that the Sheriffs' Association decided to stay neutral.
However, they are dealing with bigger dealers and making fewer arrests. Loss
of revenue has meant fewer officers, and therefore fewer arrests; it does not
mean that the offenders are not out there. About 80% of identity theft goes
unreported. Both Measures will create an additional burden.
Judge Sullivan said there could be unforeseen results. For instance if someone
uses a bogus ID to get into a bar, he or she could end up in prison. It is not a
good idea to use maybe $50,000 a year for this. Measure 57 may give the court
some options.
Minutes of LPSCC Meeting Monday, September 8, 2008
Page 3 of 5 Pages
He stated that some counties don't have the resources to enter information into
LEDS. Some have fewer officers so show fewer results. Prosecution is down;
in fact, Lane County does not prosecute misdemeanors. Some places only
address major felonies. It is hard to compare county to county or state to state.
The voters will decide which is beset. A lot of people should be in jail, but it
appear that Measure 57 is a better choice than Measure 61. At least Measure 57
allows for more treatment and discretion.
Sheriff Blanton observed that on a local level, there will be additional concerns
for jail beds. Neither of these Measures were considered when the jail
expansion study was done.
Commissioner Melton noted that the County is trying to plug holes in programs
already. It will be impossible for the counties to backfill. She said that if a
significant investment in treatment and prevention was done long ago, some of
the crime numbers may not have risen so much.
Comments were made that no one can afford either option. People are
destroyed in prison, come out and go right back to crime. Jack Blum noted that
talk about drug treatment programs started in 1968. A lot of money has been
spent on jails that could have been used for treatment or prevention.
Ken Hales said that the Measures are so drastic, they indicate an alarming threat
to public safety that isn't there, but that is what is being fed to the public.
Mike Dugan observed that if Measure 61 was not there, you would not see
Measure 57. The system is broken. There are typically five or six victims
before the offender is put away. The Courts need to have flexibility, but that is
not included in Measure 61.
Judge Sullivan added that there are now some excellent programs that are doing
well, but if either Measure passes there will be a lot less money for those
programs. A good Parole Officer can also keep people out of jail.
Citizen Francis Lamb asked if the Legislature could cancel either because of the
outcome. Mr. Dugan replied that this would require a 2/3 vote of both the
Senate and the House. The Legislature will not change a Measure unless they
have the concurrence of public safety experts and the public.
Minutes of LPSCC Meeting Monday, September 8, 2008
Page 4 of 5 Pages
It was pointed out that Crime Victims United and the League of Women Voters
support Measure 57. Alan Brenneman noted that the defense attorneys are
standing back but feel that Measure 57 is the lesser of the two evils. Mike
Dugan said that the District Attorneys Association has tried to get more teeth in
the repeat offender laws but the Legislature has ignored this. Mr. Stafford
stated that it made it to Ways & Means but was killed because of the cost. Mr.
Dugan noted that it would have been cheap compared to the current Measures.
Being no further items discussed, the meeting adjourned at 5:10 p.m.
Respectfully submitted,
(5nwx't~ tq-jl~
Bonnie Baker
Recording Secretary
Attachments
Exhibit A: Agenda
Exhibit B: Sign in sheets
Exhibit C: Information on Measures 57 and 61 (Comparison)
Exhibit D: PowerPoint Presentation of Impacts of Measures 57 and 61
Exhibit E: Memo re: Electronic Filing of Uniform Traffic Citations
Minutes of LPSCC Meeting Monday, September 8, 2008
Page 5 of 5 Pages
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
September 8, 2008; 3:30 pm
De Armond Room, First Floor County Administration Building, 1300 NW Wall, Bend, OR
Agenda
Call to Order & Introductions
Judge Sullivan
II July Minutes Attachment 1
Judge Sullivan
Action: Approve minutes
III Public Comment
Judge Sullivan
IV Electronic Signature
Ernie Mazorol
Action: Update Council on use of electronic signatures for certain court documents
V Criminal Justice Ballot Measures Attachment 2
Mike Stafford, Public Safety Coordinator Oregon Criminal Justice Commission
Action: Mr. Stafford will provide a comparative analysis of IP 40 and SB 1087
V Other Business
Judge Sullivan
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a
Ballot Measure 61 and 57 Corr~parison
Overview
Oregonians have the chore between two corn etin
N... g
measures on the November 4, 2008 ballot. One
referral is Ballot Measure 61.(BM 61), which has
qualified for ballot. Kevin Mannix, Duane Fletchall
and-Steve Beck are the chief petitioners of BM 61.
The other is the legislatively referred, Ballot
Measure 57 (BM 57).
Both measures provide for more severe sentences
for certain property and drug crimes, and BM 57
provides alcohol and drug treatment for certain
offenders.
Sentencing highlights of BM 57
BM 57 is the legislative referral that would increase
sentences for repeat drug and property offenders
and provide drug and alcohol treatment for certain
---------addi-cted-of-fenders-in-order-to-r-ed-uce-the--l ikel-i_hood--
of future criminal activity.
identity theft or aggravated identity theft, the
presumptive sentence would go up from 19 to 24
months.
If there is a previous conviction for any of the above
mentioned crimes, or a conviction for one of 19
other property crimes, within three years of release
from prison or supervision, the sentence would be
increased by two months for each previous
conviction, up to a maximum of 12 additional
months.
For people convicted of certain property crimes, the
sentence would go up from 13 to 18 months, If
there is aprevious conviction for any one of nine
specific crimes, or one of 19 other property crimes
committed within three years after supervision ends
for a prior conviction, a sentence would be
increased by two months for each previous
conviction, up to a maximum of 12 additional
mnnthc-
BM 57does not establish mandatory minimum
sentences for property crime on the first offense, but
enhances sentences for repeat offenders, drug
traffickers and manufacturers who possess
substantial amounts of methamphetamine, heroin,
ecstasy and cocaine.
For people convicted of delivering or manufacturing
cocaine, ecstasy, heroin or methamphetamine,
prison sentences would range from 58 to 130
months, or 34 to 72 months, depending on drug
amounts involved, a person's criminal history and
whether it was sold to a person younger than 18.
Currently, the sentence for this crime is probation to
45 months.
For people convicted of first-degree aggravated
theft, first-degree burglary, third-degree robbery,
There would also be enhanced penalties for a person
who steals $10,000 or more from a victim who is 65 -
years of age or older at the time of the crime and for
a person who delivers meth, cocaine, ecstasy or
heroin to a person under 18.
Sentencing highlights of BM 61
BM 61 would require mandatory minimum prison
sentences for those convicted of property and drug
crimes.
BM 61would set 36-month minimums for identity
theft, first-degree burglary, and Class A felony
manufacture/delivery of cocaine, heroin or
methamphetamine; 30-month minimums for Class
B felony manufacture/delivery of those same drugs.
For offenders with one or more prior felony
convictions, or two or more prior misdemeanor
convictions, BM 61would require 18-month
minimums for first-degree forgery, motor vehicle
theft; 14-month minimums for first-degree theft,
second-degree burglary.
BM 61states that sentences must be served in state
prisons, not in county jails. BIv161 would require
the state to reimburse the county for all actual costs
of pretrial incarceration for each person sentenced
under BM 61.
Treatment programs
BM 61 does not have any treatment programs or
funding for treatment associated with the measure
BM 57 states that the Department of Corrections
shall provide "appropriate" treatment to drug-
addicted persons with moderate or severe needs,
and at a high- or medium risk of committing another
crime. Under BM 57, the Oregon Criminal Justice
Commission would be charged with conducting
regular and independent evaluations of programs
funded through this grant system to ensure the
delivery of effective treatment.
If an offender does not comply with court-ordered
treatment, judges and probation/parole officers have
------_.--the authorityAo-imp_ose_swift_and-certain-
punishment for those offenders.
Costs
BM 61 would add an additional 4,000 to 6,000 non-
violent inmates to DOC custody by July 2012. BM
61 will require additional spending of $8M to $ l OM
in the first year, $67M to $88M in the second year,
$122M to $178M in the third year, $164M to $247
M in the fourth year, and $161 M to $274M in each
year after that. BM 61 will require the state to
borrow between $1.1 billion and $1.3 billion to
build new prisons between 2010 and 2017. The
state will repay those amounts plus interest of
$709M to $844M over 25 years.
The measure requires state payments to local
government of $2M to $5M in the first year and
$ l OM to $19M each year after that. BM 61 provides
no funding for new prison construction or for
treatment programs.
BM 57 would add 1,600 non-violent inmates to
DOC custody by 2012. BM 57 will require
additional state spending of approximately $9M in
the first year, $74M in the second year, $79M in the
third year, $106M in the fourth year, and more than
$143M each year after that. The state will borrow
$314M from 2010 to 2017 to build new prison
space. The state will repay those amounts plus
-interest of $203M over 25 years: BM 57 provides
funding for county treatment programs and jail
beds.
House gill 31+38
HB 3638 is the companion measure to BM 57. HB
3638 contains language implementing the treatment
grant language of BM 57. This measure would
change the requirements for entry into the
Department's Alternative Incarceration Programs
-(AIP). The bill also provides that national criminal
history checks for county jail inmates would
reimbursed by the state. Also, incarcerated felons in
county jails would be unable to vote during
incarceration. It is already impermissible for
incarcerated felons at state correctional facilities to
vote.
The mission of the
Oregon Department of Corrections
is to promote public safety by
actions and reducing the risk of
future criminal behavior.
OREG0
Max Williams, Director
(503) 945-0920
Mitch Morrow, Deputy Director
(503) 945-0921
Oregon Department of Corrections
2575 Center Street NE
Salem, Oregon 97301-4667
www.oregon.gov/doe
73-0Q(k:8/19/08
Ballot Measure 61 and 57- Compari11
son
Overview
Oregonians have the choice between two competing
measures on the November 4, 2008 ballot. One
referral is Ballot Measure 61 .(BM 61), which has
qualified for ballot. Kevin Mannix, Duane Fletchall
and-Steve Beck are the chief petitioners of BM 61.
The other is the legislatively referred, Ballot
Measure 57 (BM 57).
Both measures provide for more severe sentences
for certain property and drug crimes, and BM 57
provides alcohol and drug treatment for certain
offenders.
Sentencing highlights of BM 57
BM 57 is the legislative referral that would increase
sentences for repeat drug and property offenders
and provide drug and alcohol treatment for certain
-----addi-ctedoffen- derma i-n-order--to-reduce-the-l-ikel-ihood--
of future criminal activity.
identity theft or aggravated identity theft, the
presumptive sentence would go up from 19 to 24
months.
If there is a previous conviction for any of the above
mentioned crimes, or a conviction for one of 19
other property crimes, within three years of release
from prison or supervision, the sentence would be
increased by two months for each previous
conviction, up to a maximum of 12 additional
months.
For people convicted of certain property crimes, the
sentence would go,up from 13 to 18 months, If
there is a previous conviction for any one of nine
specific crimes, or one of 19 other property crimes
committed within three years after supervision ends
for a prior conviction, a sentence would be
increased by two months for each previous
conviction, up to a maximum of 12 additional
mnntho _ - -
BM 57does not establish mandatory minimum
sentences for property crime on the first offense, but
enhances sentences for repeat offenders, drug
traffickers and manufacturers who possess
substantial amounts of methamphetamine, heroin,
ecstasy and cocaine.
For people convicted of delivering or manufacturing
cocaine, ecstasy, heroin or methamphetamine,
prison sentences would range from 58 to 130
months, or 34 to 72 months, depending on drug
amounts involved, a person's criminal history and
whether it was sold to a person younger than 18.
Currently, the sentence for this crime is probation to
45 months.
For people convicted of first-degree aggravated
theft, first-degree burglary, third-degree robbery,
There would also be enhanced penalties for a person
who steals $10,000 or more from a victim who is 65 .
years of age or older at the time of the crime and for
a person who delivers meth, cocaine, ecstasy or
heroin to a person under. 18.
Sentencing highlights of BM 61
BM 61 would require mandatory minimum prison
sentences for those convicted of property and drug
crimes.
BM 61 would set 36-month minimums for identity
theft, first-degree burglary, and Class A felony
manufacture/delivery of cocaine, heroin or
methamphetamine; 30-month minimums for Class
B felony manufacture/delivery of those same drugs.
For offenders with one or more prior felony
convictions, or two or more prior misdemeanor
convictions, BM 61 would require 18-month
minimums for first-degree forgery, motor vehicle
theft; 14-month minimums for first-degree theft,
second-degree burglary.
BM 6l states that sentences must be served in state
prisons, not in county jails. AM 61 would require
the state to reimburse the county for all actual costs
of pretrial incarceration for each person sentenced
under BM 61.
Treatment programs
BM 61 does not have any treatment programs or
funding for treatment associated with the measure.
BM 57 states that the Department of Corrections
shall provide "appropriate" treatment to drug-
addicted persons with moderate or severe needs,
and at a high. or medium risk of committing another
crime. Under BM 57, the Oregon Criminal Justice
Commission would be charged with conducting
regular and independent evaluations of programs
funded through this grant system to ensure the
delivery of effective treatment.
BM 57 would add 1,600 non-violent inmates to
DOC custody by 2012. BM 57 will require
additional state spending of approximately $9M in
the first year, $74M in the second year, $79M in the
third year, $106M in the fourth year, and more than
$143M each year after that. The state will borrow
$314M from 2010 to 2017 to build new prison
space. The state will repay those amounts plus
-interest of $203M over 25 years. BM 57 provides
funding for county treatment programs and jail
beds.
House Bill 31+3418
HB 3638 is the companion measure to BM 57. HB
3638 contains language implementing the treatment
grant language of BM 57. This measure would
change the requirements for entry into the
Department's Alternative Incarceration Programs
-(AIP). The bill also provides that national criminal
history checks for county jail inmates would
reimbursed by the state. Also, incarcerated felons in
county jails would be unable to vote during
incarceration. It is already impermissible for
incarcerated felons at state correctional facilities to
vote.
If an offender does not comply with court-ordered
treatment, judges and probation/parole officers have
. _ - -thy authority Ito-imp-os_ e= _wi ft _anii-cerxa-in- -
punishment for those offenders.
Costs
BM 61 would add an additional 4,000 to 6,000 non-
violent inmates to DOC custody by July 2012. BM
61 will require additional spending of $8M to $1OM
in the first year, $67M to $88M in the second year,
$122M to $178M in the third year, $164M to $247
M in the fourth year, and $161 M to $274M in each
.year after that. BM 61 will require the state to
borrow between $1.1 billion and $1.3 billion to
build new prisons between 2010 and 2017. The
state will repay those amounts plus interest of
$709M to $844M over 25 years.
The measure requires state payments to local
government of $2M to $SM in the first year and
$ l OM to $19M each year after that. BM 61 provides
no funding for new prison construction or for
The mission of the
Oregon Department of Corrections
.is to promote public safety by
actions and reducing the risk of
future criminal behavior.
pREGO
Max Williams, Director
(503) 945-0920
Mitch Morrow, Deputy Director
(503) 945-0921
Oregon Department of Corrections
2575 Center Street NE
Salem, Oregon 97301-4667
www.oregon.gov/doe
73-OC4PA:8/19/08
treatment programs.
Page 1 of 1
Bonnie Baker
From: STAFFORD Mike * CJC [Mike. Stafford@state.or.us]
Sent: Thursday, September 11, 2008 7:08 AM
To: Bonnie Baker
Subject: Presentation powerpoints
Bonnie,
Here's the presentation.
I also looked at our preliminary estimates re: the 15% transfer of lottery $ to public safety, here is the breakdown per biennium
for Deschutes:
Formula:
Lottery
Funds
$200,000,000
State Police
$100,000,000
Counties
$100,000,000
Pop Basis
70%
County
Basis
30%
DA's
15%
Investigation
15%
Children
20%
County Breakdown of Initiative 62
County
Population
Coun DA's
County
Investi ation
County
Children
County
Total
Dollars/
Person
Deschutes
160,810
$1,151,629
$1,151,629
$1,535,505
$3,838,763
$24
John M. (Mike) Stafford
Public Safety Coordinator
Oregon Criminal Justice Commission
885 Summer Street
Salem, OR 97301
Phone: 503-378-4845
Fax: 503-378-4861
*****CONFIDENTIALITY NOTICE*****
This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If
you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise
me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from
your system.
9/15/2008
r-+ LCD
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ERNEST J. MAZOROL, III
Administrator
August 28, 2008
TRIAL COURT ADMINISTRATOR
Deschutes County Justice Building
1100 N.W. Bond Street
Bend, Oregon 97701
541-388-5300
TO: Deschutes County Sheriff
City of Bend Chief of Police
City of Redmond Chief of Police
Black Butte Ranch Chief of Police
Sunriver Police Department
Oregon State Palic
FROM: Ernest J. Mazorbll,
RE: Electronic Filing of Uniform Traffic Citations
Attached for your review is a Deschutes County Circuit Court rule recently approved by Chief
Justice Paul DeMuniz. The rule, effective September 13, 2008, allows for electronic filing and
processing of uniform traffic citations with my prior written approval. We are prepared to allow
electronic filing of uniform traffic citations. Citations filed electronically must be transferred to
a designated Oregon Judicial Department server in Adobe PDF format. If you wish to take
advantage of this rule, please let me know at your convenience in order to work out the details
and develop a transition timeline.
Feel free to contact me if you have any questions.
c: Michael C. Sullivan, Presiding Judge
rr`6J;,e
4.091 Electronic Filing of Complaint for Traffic Offenses
(1) A law enforcement officer may electronically file a complaint for traffic offenses
(hereinafter referred to in this rule as a citation) only if all of the following provisions are
met:
(a) The citation must be in substantially the same form as and contain all the
information required by the uniform citation and must include the name,
e-signature, agency name, and agency number of the officer who issued the
citation;
(b) The citation must be numbered by the issuing law enforcement agency using a
number series approved by the trial court administrator, and the number
assigned to the citation by the agency must be unique and not duplicate any
number previously submitted for filing;
(c) No more than three offenses may be electronically filed on a single citation; and
(d) The trial court administrator has given written approval for electronic filing to the
officer's law enforcement agency.
(2) The court will not accept criminal citations for electronic filing.
(3) The court may scan uniform traffic citations filed in paper format, along with any
supporting documentation and correspondence, and reformat them to an electronic
record.
(4) The court may issue judicial decisions and signatures electronically. The court may affix
a judge's signature by electronic means.
(5) The trial court administrator must maintain the security and control of the methods for
affixing electronic judicial signatures, and those methods shall be accessible by only the
signer and the trial court administrator or the trial court administrator's designee.
(6) Citations that are electronically filed or manually scanned, including those to which
additional information, judicial orders, judgments, and judicial signatures have been
added, are the original and legal court record.
(7) Members of the public may obtain a printed image of a citation electronically filed or
manually scanned in the same manner as for a paper record. Fees applicable to court
records apply to requests for these images.