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2009-1468-Minutes for Meeting August 03,2009 Recorded 9/23/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 74091468 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL Og~Z31Zda9 08;27;03 AM Il II~IIII III III III Jj1J!11 4 8 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL v'~JT~c c~ G m 2a G < Monday, August 3, 2009 Allen Room, County Administration Building, 1300 NW Wall St., Bend MINUTES OF MEETING Present were Judge Michael Sullivan; County Administrator Dave Kanner; Commissioners Alan Unger and Tammy Baney; Ken Hales, Community Corrections; Lori Hill, Health Services; Becky McDonald, 9-1-1; Eileen Stein, City of Sisters Administrator; Shelley Smith of the KIDS Center; Hillary Saraceno, Commission on Children & Families; Bev Clarno, citizen member; Aaron Brenneman, defense attorney; Ron Roberts, Redmond Police Chief; and Mike Dugan, District Attorney. Also present were Donna McClung of the Oregon Youth Authority; Sheriff Larry Blanton; Jack Blum, citizen member; and guests Andrea Blum and Donald Blum, Carla Hoekstra; Ruth Zygntis; Dee Hansen and Roger Olson of NAMI; Molly Reynolds of St. Charles Medical Center; Rick Treleavan of BestCare Treatment Services; and Scott McGuire of M.E. & Associates, and a representative of the media. 1. Call to Order & Introductions. Judge Sullivan called the meeting to order at 3:35 p.m. 2. July Minutes. Sheriff Larry Blanton moved approval; Chief Ron Roberts seconded; and the minutes were unanimously approved as written. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 1 of 8 Pages 3. Public Comment. Citizen Carla Hokstra of Bend said she has been talking with Commissioner Baney regarding a problem she has often noticed of dogs being left in cars during hot weather. She explained that people get defensive or brush her off if she says anything about it, although animals can die in hot cars. She called 911 and was told to contact the non-emergency number, but she feels that it is an emergency. There are laws protecting wildlife and dogs in the back of pickup trucks, but this is an ongoing problem. She is tired of confronting people who do not take it seriously. Becky McDonald explained that 911 refers calls regarding animals to the non- emergency number, but they answer immediately as well. Protocol is that each call goes to the appropriate agency. This kind of call is considered more urgent than, for instance, a dog at large call. Sheriff Blanton added the Sheriff's Office responds to those calls immediately and remedy the situation. There are laws on the books dealing with this, and citations can be issued. The cities probably get more calls of this type than the Sheriff's Office does. Chief Sandi Baxter stated that Bend Police officers do respond as quickly as possible. The CSO's are equipped with temperature gauges. It is serious and is taken as such. She suggested that the woman not get personally involved due to potential danger to herself. Chief Ron Roberts said that a lot has to do with individuals' personal responsibility for their pets. It is important to the people on the force, but they are somewhat limited in resources and have to follow legal guidelines. Judge Sullivan said that this is taken seriously by law enforcement. There are people who spend a lot of money in the pursuit of protecting animals in the area. The District Attorney's Office also takes it seriously. Law enforcement might be a long way off on a call and have to finish what they are doing before responding a new call, and staffing limitations are a problem as well. Commissioner Baney thanked Ms. Hokstra for attending and speaking to the group about this. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 2 of 8 Pages 4. Correctional Mental Health - Local System Services Judge Sullivan stated that NAMI was kind enough to provide some books authored by former Judge Sol Wachtler. The Chief Justice and others judges who attended a recent meeting were quick to grab a book. Commissioner Baney said that the Sheriff's Office put together training on mental health issues and "whose problem is it". She left the meeting feeling excited about the work being done at a regional level. There were representatives of various agencies in attendance. She said that there are some great successes - two treatment courts, mental health specialists, a mobile clinic, drug & alcohol treatment for those in jail, and good communications between mental health and the jail. However, a lot of things still need work. A lot of things need work. Communication needs to be enhanced, as well as developing the next steps in the process regarding things that can be added. Sheriff Blanton stated that this was nationwide training, three to four hours via satellite, regarding issues involving the mentally ill, not just those in custody but others as well. One thing to note is that Deschutes County is eons ahead of many other places, but still has to stay on top of the issue. Dee Hansen added that it is important to look at what is in place, but also what might be added to make it better. Ken Hales stated that they wanted to generate information from staff and do a self-examination of how this issue is addressed. Sheriff Blanton said that dealing with mental health issues in the jail is difficult. Typically the people are not in jail for that reason, but the District Attorney and the courts feel they need to be for whatever reason. The underlying root of the problem is directly connected. As part of the judicial system, it is hard for his agency to get involved in that part. Some people are obviously suffering from mental illness, so the District Attorney, the public defender and the Sheriff's Office try to work together to fast-track treatment for these individuals. It has to involve all of the agencies to work. The jail is not a mental health institution, so it is a daily challenge for his agency. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 3 of 8 Pages Judge Sullivan stated that the Sheriff's Office does not put people in jail due to mental health issues, but does based on community safety. There is an increasing commitment to treat these folks properly, including counseling and medication, referrals and programs. What makes this community different from others is that the Sheriff's Office, the District Attorney, the defenders, Parole & Probation and the courts work together. It is not a perfect system, but they are able to find some ways to help, and at times things can be expedited as needed. Roger Olson added that he learned at the recent convention that the fact that this group even talks about it is unique when compared with other places in the country. Chief Roberts observed they spend a lot of time working on mental health issues to create greater awareness, based on available resources. Some places offer little training or resources. His officers encounter people on the streets all the time with obvious mental health issues. Sandi Baxter said that the people who go to jail have resources available to them. However, one group with a problem that is largely not addressed is individuals who are not doing crimes but suicides, attempted and completed. Family members and friends call on this problem often. The mobile unit is not nearly enough. Taking someone to the hospital involves a minimum of two officers and several hours. Sheriff Blanton added that everyone would be shocked at how many there are. It is out of control. If someone is arrested and there are signs of a mental health issue or self-destructive behavior, they are taken to the hospital. That is a burden on which ever agency is involved. Sheriff Blanton added at that point they are in custody, so they cannot be left alone. His agency does not forcibly medicate, but some agencies do. His officers take the individual to Sageview or St. Charles. Unfortunately, there are a lot of things that get ignored because there is no way to deal with it. When asked about the increase in the number of suicides and how many of those individuals might have made contact first, Sheriff Blanton replied that some are just death investigations, and the report comes from the District Attorney. Some you can't absolutely say were suicides, but in his opinion they were. These represents perhaps 25% of the ones that are handled. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 4 of 8 Pages Jack Blum said that he is glad to hear emphasis on this has changed. He did a ride-around with a deputy, during which time they got one of these calls, took the individual to the jail, then realized he should go to the hospital, and they spent at least three hours doing this. They were told that there was nothing that could be done at the hospital, so the individual ended back at the jail at that point. That deputy was working on this issue for five or six hours. Sheriff Blanton added that when a person is not in custody, they can be in an officer hold for evaluation and then released to the mental health. team. This situation is very difficult to manage. Chief Baxter said that sometimes by that point the person has become violent, if he or she was not already. This is often why the police agency is called in. Sheriff Blanton stated that he and others toured jails in Utah, and the agencies there talked about having suicides in the jails, sometimes several a week. He did not even ask how this can be allowed to happen. However, if someone is intent on suicide, sometimes it is hard to stop them. Judge Sullivan noted that this was an attitude more than not being well-run. Overall he felt the environment at these facilities was cynical and harsh. 5. "Smart Response in Tough Times" - Report from Mental Health Court Team Mike Dugan said that some locations operate a 24/7 safe house to hold people with a mental health issue instead of holding them at the jail. Mental health specialists know what the police have to do, so often will stay long enough to make sure there is no potential physical violence. Mental Health has received a grant for a rural mental health court. A team was sent to a conference in Washington DC, including a defense attorney, District Attorney representatives and others. There were some top-flight names in mental health services. The Constitution does not provide a right for mental health treatment if you are not incarcerated. If you are on the streets, you are mostly out of luck. In the United States, correctional facilities are the largest mental health facilities in the country. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 5 of 8 Pages Everyone attending the conference understood one thing: law enforcement agencies are first responders, but because something illegal has been done, minor or not, it has to be treated as a criminal activity. A lot of work can be done locally to help the first responders. Much can be handled by local mental health providers. It is a problem for everyone. The Mental Health Department is very proactive here. Mental illness affects about 6% of the general population, and 72% of those have substance abuse problems. Veterans and juveniles have higher numbers. The first responders are the most important, as they have to identify the problem. Mr. Dugan stated that NAMI does not believe him when he says they don't arrest people for being mentally ill. Everyone needs to identify areas needing improvement. Everyone wants a safe, violence-free, crime-free society, at a low cost. The first responders don't get the funding they need to handle this issue. There are a wide variety of mental health courts in the nation now. In regard to dealing with juveniles with mental health issues, nationally there is a lack of efficient planning or programs to identify and help them. There needs to be smooth transitions on police officer holds. If someone has not done anything illegal, they can't be held even though they may need help. Commissioner Unger said that he has been attending County College, learned a lot about the problem there. Ron Roberts said that there are ways to address this, but his officers deal with individuals with mental health issues all the time Mr. Dugan pointed out that the local shelters, Shepherd's House and Bethlehem Inn, cannot take these individuals in due to the risk factor. Commissioner Baney stated that regarding detox in general, this has to be scheduled in advance but should be in place. Rick Treleavan added that there is land available, but it is not big enough for a facility. Dave Kanner asked about the operational costs; Mr. Treleavan said it would be between $500,000 and $1 million a year. This type of facility should be run 24/7. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 6 of 8 Pages Judge Sullivan asked that Mr. Treleavan dust off the report and update the cost figures. He would also like to get updated numbers from the law enforcement agencies. Bev Clarno suggested that they get information from the hospital as well, perhaps through the Mental Health Department. Mr. Kanner asked if other counties have a detox center. Ken Hales will investigate this and coordinate a report in this regard. Commissioner Baney reminded everyone that anything they do is vulnerable to what happens at the State level. 6. Commerce in Metal Property Bill - SB 570 Mr. Dugan said that he will discuss this at the next LPSCC meeting, as the Bill is not effective until January 2010. 7. Redmond Police Dept. Alcohol Sales Report Hillary Saraceno briefed everyone on the 2009 report regarding the sale of alcohol to under-age youth. She said it was alcohol awareness month, and they conducted a tag-team with the Redmond Police Department, who worked on compliance issues. Of the 62 stores visited, 85% were in compliance. Nine stores sold alcohol to minors. It was felt that parental control is an area that really needs work. Chief Roberts said that the feedback from businesses is that they work hard with their staff to comply. Ms. Saraceno indicated that compliance in a previous report done four years ago was just 55%, so it has improved. Chief Roberts said that part of this is that funding was made available to address the issue. Ms. Saraceno stated that there is a desire of the TAPS team to do this again, perhaps around teen events such as prom night. She added that there is more training available, and they partner more with the Commission on Children & families and the Sheriff's Office on this issue. Minutes of LPSCC Meeting Monday, August 3, 2009 Page 7 of 8 Pages 8. Oregon Healthy Teen Survey Report - Deschutes County Update Ms. Saracen said that the survey was done on grades 8 and 11 across the State, with standardized questions regarding ongoing behaviors, substance abuse, etc. They got more schools to participate this time. It was to be done on a limited basis due to a lack of funding, but they were able to go from three to fourteen schools. The data is used for grant writing and funding purposes. The addictions and mental health group is focusing primarily on substance abuse issues, including children in the 6t grade. They worked with the schools in Sisters, Redmond and southern Deschutes County to purchase sentios, which are electronic devices on screen that can provide immediate feedback from students. One misperception is that "all of the kids are doing" whatever it is, and they were able to show this is not the case. 9. Other Business Judge Sullivan asked if anyone wanted to offer suggestions regarding topics for the next meeting. Mr. Dugan said that items #6 and more on #5 could be addressed at the next meeting. Being no further items discussed, the meeting adjourned at 5:05 p.m. Respectfully submitted, (Fx~ Bonnie Baker rf",Y~ Recording Secretary Attachments Exhibit A: Agenda Exhibit B: Sign in sheet Exhibit C: "Smart Responses in Tough Times" Exhibit D: Senate Bill 570 Exhibit E: Report on Alcohol Compliance Checks Exhibit F: Oregon Healthy Teens Survey Minutes of LPSCC Meeting Monday, August 3, 2009 Page 8 of 8 Pages DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL v-res c PL-1, a o < August 3, 2009; 3:30 pm Allen Room, County Administration Building, 1300 NW Wall, Bend, OR Agenda I Call to Order & Introductions Judge Sullivan II July Minutes Attachment 1 Judge Sullivan Action: Approve minutes III Public Comment Judge Sullivan IV Correctional Mental Health Services Commissioner Baney Discuss status of local system services V "Smart Response in Tough Times" Attachment 2 Mike Dugan Report from Mental Health Court team technical assistance VI Commerce in Metal Property Bill Attachment 3 Mike Dugan Discuss impact of SB 570 VII Redmond Police Dept. Alcohol Sales Report Attachment 4 Hillary Saracen Brief Council on 2009 under age alcohol sales report VI Oregon Healthy Teen Survey Report Attachment 5 Hillary Saracen Update Council on Deschutes County activities VIII Other Business Judge Sullivan z z V t^ LU Q W J a ON O N w M N a0 C aci < Vf L. VI O \ \ M , J ~A7..~ Q 1 b4 V ro Z a a 3 Az-N v 0 m N co v n. i Attachment 2 SMART RESPONSES In TOUGH TIMES Achieving better outcomes for people with mental illnesses Involved in the criminal justice system This was the title of the conference sponsored by the Bureau of Justice Assistance held in Washington D.C. July 15-17, 2009. As part of a federal grant, Deschutes County designated as a Rural Grantee, sent part of its Mental Health Court team to participate in the training and technical assistance event. Members included two criminal defense attorneys, Alana Brown-Brenneman and Karla Nash, the Deschutes County Health Services director of court services Amber Clegg, and me. The conference focused on the implementation and operation of programs to better serve those persons with mental illnesses who find themselves in the criminal justice system. Deschutes County operates a "mental health treatment court." There are numerous specialized treatment courts around the nation and while most have similarities, no two are exactly alike. The primary emphasis is to be able to identify those persons who need mental health services and provide them with wrap-around resources to address their health issues. It is also apparent that no two persons have the same level of mental health illness nor do they need the same services. One size does not fit all. Keynote speakers included Peter Early a journalist and author who published his own experiences in the justice system with the book Crazy: a Father's Search through America's Mental Health Madness and The Honorable Steven LeifMan a Special Advisor on Criminal Justice and Mental Health and a member of the Supreme Court of Florida. Their remarks and experiences related in their Keynote addresses provided the basic backdrop for the conference participants. One of the plenary sessions was entitled "Why Prioritize Criminal Justice and Mental Health Collaboration in tough times? Statistically we learned some startling information from studies done in Maryland. 1. 6% of the General Population suffers from a serious mental illness; 2. 14% of the male population in jails and prisons suffered a serious mental illness; 3. 31% of the female population in jails and prisons suffered a serious mental illness; 4. 72% of those with a serious mental illness also suffered co-occurring substance abuse. The Constitution of the United States does not provide a right to have health treatment of any kind unless you are in a jailor prison. In order for the mentally ill person to come to the attention of the Mental Health treatment community through the criminal justice system, that person must have "Done Something." Whether that is a quality of life or nuisance "Done Something" or a horrific "Done Something", the person must have been arrested and lodged in order to receive the right to treatment. It was not too long ago when mental health services were not available to inmates. But now, those services are mandated by court decree. This all works out until the person is released from custody, back into the community, where treatment is not a matter of right. Law enforcement officers are the first responders to the "Done Something" event. Law officers can help identify those who are mentally ill, but they have responded to the event, not because the person is mentally ill, but because a mentally ill person (they don't know it at the time) has committed an act that is a crime. In many instances the first responder may not recognize the person has a mental illness. Without the community taking an affirmative act in providing treatment services, whether the person is in jail or not, public safety is endangered. Public safety is endangered because the mentally ill person has had multiple opportunities to be in contact with the public safety community, beginning in many instances in the juvenile system. Too many times the person has been arrested and released without treatment. Resources of the law enforcement community are over- extended, yet the police continue to respond in the same way time and time again. The first chance is in the juvenile system, but is too often missed. There are little or no services available in the Juvenile Justice System for mental health treatment. The reasons are many and varied: 1. They are just kids 2. The system is designed to rehabilitate, not treat 3. 70% of juvenile offenders suffer from a mental health disorder 4. 50% of juveniles suffer from some mental illness. a. Mental Health Services has to be part of the solution. 5. 60.8% of juvenile offenders have a substance abuse disorder 6. 27% require immediate and significant treatment. Public safety is endangered because we do not recognize the juvenile criminal justice system as a mental health treatment center. Treatment in juvenile facilities is generally below standard and there has been a substantial lack of training for juvenile detention officers and staff. If we do not recognize the juvenile population who need mental health services, we will end up using more and more resources for the adult mentally ill offenders. 2 The underlying points are two-fold: 1. Law enforcement plays a huge role in the identification of those who need mental health services. The first responders have become one of the most important partners in the mental health community; and 2. Access to mental health treatment begins at the time of arrest. First responders do not arrest because the person is mentally ill, they arrest because the person has done something criminal. AMERICAN VETERANS The criminal justice system must take a serious look at how veterans are prosecuted for criminal acts. This look necessarily requires additional training for the first responders, correction officers, prosecutors, judges and treatment providers. During the last 40 years the United State has been involved in numerous armed conflicts. Most notable are the Vietnam War, the Gulf war, Iraqi Freedom, and now Afghanistan. Statistically, Veterans are becoming more involved in the criminal justice system. 1. 134500 Veterans were incarcerated in 2004 a. 24% of Gulf War Veterans are incarcerated b. 35% of Vietnam War Veterans are incarcerated. c. 26% of Federal prisoners in 2004 were veterans, d. 20% of State prisoners in 2004 were veterans 2. 85% of Iraq/Afghanistan veterans are under the age of 30 The mental illnesses veterans suffer from most often are combat stress related. PTSD, post traumatic stress disorder and anger related instances including instances of domestic violence, reckless driving, weapons offenses, are most commonly seen amongst veterans. Problems that exist today: 1. There is no accurate count of the number of veterans in the United States today. It is estimated that there are over 23 million; 2. 44% of the Gulf War Vets are registered with the Veterans Administration; 3. 900 veterans die every day; 4. Veterans carry guns, much like a security blanket; 5. Law enforcement is not trained to recognize veterans; 6. District Attorneys lack training on the issues surrounding veterans; 7. Public Defenders lack training on the issues surrounding veterans; 8. Judges lack training on the issues of veterans; 9. 7.8 million veterans are enrolled in the Veterans Health Administration; a. 1.6 million have mental health illness diagnosis. What are the goals relating to the specialized treatment courts regarding veterans? On May 27, 2009 the Federal Government directed that every VA hospital is required to 3 employ a Justice Outreach Specialist. The Veterans Administration has been ordered to do outreach to veterans and locate veterans who are incarcerated. There are now 38 federal employees working solely on reintegration of veterans into the community after release from jailor prison. There are 153 VA medical centers nation-wide. There are 752 out-patient clinics. There are 232 veterans' centers solely for combat veterans. Mental Health services are required to be available at each of these locations. Mental Health Courts should make an effort to have separate (separated from non-vets) court proceedings for veterans. The Veterans Justice Outreach coordinator is Mr. Sean Clark. He can be reached at: sean.clark2kva.gov MENTAL HEALTH COURTS: There is a wide variety of mental health courts throughout the nation. No two can be said to be exactly alike. The goals and services of each court program have been developed pursuant to the needs of and resources available in each jurisdiction. There is probably no absolutely right way to build a mental health treatment based court. Most common are "Diversion" models. The offender is given an opportunity to avoid or radically reduce jail time be using community based treatment as an alternative to incarceration. While the community based services for the treatment of the mentally ill person are available to all persons, many do not or cannot avail themselves of those services without the intervention of the criminal justice system. Ergo, the person has to have "Done Something" to get into the program. Any program must be designed to address a target population of offenders with mental illnesses. What types of cases will be acceptable to the prosecutor, the court and to the public? Should the cases be limited to misdemeanors, restricted to non-violent offenses, or expanded to address felonies. Should probation violators be included in the target population? Can the program be flexible enough to reach out to the more seriously impaired offenders? Must the program be limited to one type of mental illness, such as Bi-polar disorder? Does it require a co-occurring substance abuse? Many questions with no absolutely correct answer. Programs range from pre-filing diversions to post-sentencing probation conditions. Models include: 1. pre-filing 2. post filing, deferred prosecution 3. post filing, deferred sentencing a. stipulate to police reports b. plead guilty to all charges c. plead guilty to some charges 4 4. condition of probation The desired results are to improve mental health outcomes and to improve public safety outcomes. The public expectation is summed up by one word: Reduction. 1. reduction of recidivism 2. reduction of violence 3. reduction of jail days 4. reduction of costs LAW ENFORCEMENT Law enforcement agencies (LEA) have a large stake in the identification and treatment of those with mental health disorders. Mental Health Courts should focus on law enforcement. First responders have the greatest risk and greatest need for mental health intervention. Over the past 50 years prisons and jails have become the largest psychiatric inpatient facilities in the United States. Law Enforcement Agencies care because: 1. Call Load: 7-10% of all calls are related to a mental disturbance; 2. LEA only provides a temporary solution; 3. Mental disturbances take more time; 4. Mental disturbance calls have a greater risk of harm or injury to the officer and to the offender; 5. 16% of arrested offenders have a mental illness; LEA also has an interest in the outcomes affecting both public safety and the public budget. Those outcomes include: 1. Reduced officer injury 2. Reduced "SWAT" team call outs 3. Reduced arrest rates 4. Reduced call loads 5. Increased access to mental health services. The experts do agree that some people with mental illnesses need to be arrested and incarcerated for long periods of time. The public will insist that some types of crimes are so horrible, so dangerous or so out of character for the community that the offender must be incarcerated. LEA needs to develop specific training area for officers who frequently deal with mentally ill persons. This likely requires a system wide change so that all officers can receive specialized training. LEA needs to partner with the local Mental Health Department and learn when and how to hand the disturbance or mentally ill person off to a treatment provider. Because LEA provides the first response, it is clear that LEA is the link to comprehensive mental health services. However, first responders do not provide 5 treatment and care. A partnership must be built in the community to access appropriate resources. Barriers and challenges need to be overcome or avoided. LEA should recognize that arrest should not be the only option. But this option is generally the only option available if the community does not have a 24/7 facility that can take a mentally ill person immediately. The police have a great concern about dangerousness and the mental health community cannot let confidentiality be an excuse that puts the public and officer's safety at risk. CRIMINOGENIC RISK: In developing any mental health court program the criminogenic risk factors must be considered. These factors include: 1. Anti social behavior; 2. Family discord; 3. Education and lack thereof; 4. None or too few leisure activities; 5. Substance abuse. Seventy percent of the offenders nation-wide are on some form of community supervision, parole or located in local jails. It is known that the rate of arrest is pretty equal for those with and those without mental illnesses. However, it is also demonstrated that those with mental illnesses are more likely to have their probation or parole revoked based on technical violations (no new crime). This is the result of misperceptions and the individual being supervised. 1. Mentally ill offenders have greater needs; 2. It is perceived that a mentally ill person is more likely to be violent; 3. The mentally ill person is afraid of going to jail so they stop coming to the probation officer's meeting; 4. Probation officers are under-trained in dealing with the mentally ill offender. Front line workers believe that people with mental illnesses are in jail or in the criminal justice system because mental health services have failed. But many who are actually in the system have not ever accessed the mental health services. In fact, the psycho-social approach is driven to a larger extent by political considerations. That is primarily funding. Every community is different. Just as one size does not fit all, one model does not fit all. However, the following elements of a successful program have been promoted: 1. Collaborative planning: multidisciplinary 2. Program design 3. Specialized teams 6 4. Dispatcher protocols 5. stabilization-observation-disposition 6. transportation and custodial transfer 7. information exchange between partners 8. treatment, support and services 9. organization support 10. program sustainability. CONCLUSION: The first responders are the police. The range of mental health services is not available until the person is arrested. Some people deserve to be in jail, regardless of their mental condition. Treating only the mental illness, without addressing the underlying reasons for community crime will not necessarily lead to reduced criminal recidivism. Treatment Courts, operated where a full range of services, coupled with appropriate supervision, can provide for public safety. Working with the police is critical for success. 7 9 Attachment 3 75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session Enrolled Senate Bill 570 Sponsored by Senators ATKINSON, BATES, BONAMICI, BOQUIST, BURDICK, CARTER, COURTNEY, DEVLIN, DINGFELDER, FERRIOLI, GEORGE, GIROD, HASS, JOHNSON, KRUSE, METSGER, MONNES ANDERSON, MONROE, MORRISETTE, MORSE, NELSON, PROZANSKI, ROSENBAUM, SCHRADER, STARR, TELFER, VERGER, WALKER, WHITSETT, WINTERS, Representatives BAILEY, BARKER, BARNHART, BARTON, BENTZ, BERGER, BEYER, BOONE, BRUUN, BUCKLEY, CAMERON, CANNON, CLEM, COWAN, DEMBROW, C EDWARDS, D EDWARDS, ESQUIVEL, FREEMAN, GALIZIO, GARRARD, GARRETT, GELSER, GILLIAM, GILMAN, GREENLICK, HANNA, HARKER, HOLVEY, HUFFMAN, HUNT, JENSON, KAHL, KENNEMER, KOMP, KOTEK, KRIEGER, MATTHEWS, MAURER, NATHANSON, NOLAN, OLSON, READ, RICHARDSON, RILEY, ROBLAN, SCHAUFLER, G SMITH, J SMITH, SPRENGER, STIEGLER, THATCHER, THOMPSON, TOMEI, VANORMAN, WEIDNER, WHISNANT, WINGARD, WITT CHAPTER AN ACT Relating to commerce in metal property; creating new provisions; and amending ORS 133.619, 161.005, 164.095, 165.107, 423.565, 646A.060 and 646A.062. Be It Enacted by the People of the State of Oregon: SECTION 1. As used in sections 1 to 5 of this 2009 Act: (1) "Commercial account" means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property. (2) "Commercial metal property" means an item fabricated or containing parts made of metal or metal alloys that: (a) Is used as, used in or used as part of- (A) A utility access cover or a cover for a utility meter; (B) A pole, fixture or component of a street light or traffic light; (C) A sign or marker located, with the permission of a governmental entity, alongside a street, road or bridge for the purpose of directing or controlling traffic or providing infor- mation to motorists; (D) A traffic safety device, including a guardrail for a highway, road or bridge; (E) A vase, plaque, marker, tablet, plate or other sign or ornament affixed to or in proximity to a historic site, grave, statue, monument or similar property accessible to members of the public; (F) An agricultural implement, including an irrigation wheel, sprinkler head or pipe; (G) A forestry implement or structure, including silvicultural equipment, gates, culverts and servicing and maintenance parts or supplies; or (H) A logging operation implement, including mechanical equipment, rigging equipment and servicing and maintenance parts or supplies; Enrolled Senate Bill 570 (SB 570-B) Page 1 (b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial sellers property including, but not limited to, implements or equipment used by railroads and utilities that provide telephone, commercial mobile radio, cable television, electricity, water, natural gas or similar services; (c) Consists of material used in building construction or other commercial construction, including. (A) Copper or aluminum pipe, tubing or wiring; (B) Aluminum gutters, downspouts, siding, decking, bleachers or risers; or (C) Aluminum or stainless steel fence panels made of one-inch tubing 42 inches long, with four-inch gaps; or (d) Constitutes wire of a gauge typically used by utilities to provide electrical or tele- communications service. (3) "Commercial seller" means a business entity, as defined in ORS 60.470, or govern- mental entity that regularly or periodically sells or delivers metal property to a scrap metal business as part of the entity's business functions. (4) "Metal property" means commercial metal property, nonferrous metal property or private metal property. (5)(a) "Nonferrous metal property" means an item fabricated or containing parts made of or in an alloy with copper, brass, aluminum, bronze, lead, zinc or nickel. (b) "Nonferrous metal property" does not include gold, silver or platinum that is used in the manufacture, repair, sale or resale of jewelry. (6) "Private metal property" means a catalytic converter that has been removed from a vehicle and is offered for sale as an independent item, whether individually or as part of a bundle, bale or in other bulk form. (7)(a) "Scrap metal business" means a person that is licensed to do business in this state or another state and that: (A) Maintains a permanent or fixed place of business at which the person: (i) Engages in the business of purchasing or receiving metal property; (ii) Alters or prepares metal property the person receives for use in manufacturing other products; and (iii) Owns, leases, rents, maintains or uses a device used in metal recycling, including a hydraulic baler, metal shearer or metal shredder, (B) Maintains a permanent or fixed place of business at which the person engages in the business of purchasing or receiving metal property for the purpose of aggregation and sale to another scrap metal business; or (C) Does not necessarily maintain a permanent or fixed place of business in this state but engages in the business of purchasing or receiving nonferrous metal property or private metal property for the purpose of aggregation and sale to another scrap metal business. (b) "Scrap metal business" does not include a governmental entity that accepts metal property for recycling. (8)(a) "Transaction" means a sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, private metal property or nonferrous metal property that occurs or forms between an individual and a scrap metal business. (b) "Transaction" does not include: (A) A transfer of metal property made without consideration; or (B) A sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, private metal property or nonferrous metal property that occurs or forms between: (i) A commercial seller or an authorized employee or agent of the commercial seller; and (ii) A scrap metal business or an authorized employee or agent of the scrap metal busi- ness. Enrolled Senate Bill 570 (SB 570-B) Page 2 SECTION 2. (1) A person commits the offense of unlawfully altering metal property if the person, with intent to deceive a scrap metal business as to the ownership or origin of an item of metal property, knowingly removes, alters, renders unreadable or invisible or obliterates a name, logo, model or serial number, personal identification number or other mark or method that a manufacturer uses to identify the metal property. (2) A person commits the offense of making a false statement on a metal property record if the person: (a) Knowingly makes, causes or allows to be made a false entry or misstatement of ma- terial fact in a metal property record described in ORS 165.107; or (b) Signs a declaration under ORS 165.107 knowing that the nonferrous metal property or private metal property that is the subject of a transaction is stolen. (3) A scrap metal business or an agent or employee of a scrap metal business commits the offense of unlawfully purchasing or receiving metal property if the scrap metal business or agent or employee fails to report any of the following to a law enforcement agency within 24 hours: (a) The purchase or receipt of metal property that the person knows or has good reason to know was the subject of theft. (b) The purchase or receipt of metal property that the person knows or reasonably sus- pects has been unlawfully altered as described in subsection (1) of this section. (c) The purchase or receipt of metallic wire from which insulation has been removed, unless the individual offering the wire for purchase or receipt can prove by appropriate documentation that the individual owns or is entitled to offer the wire for purchase or re- ceipt and that the insulation has been removed by accident or was done by legitimate means or for a legitimate purpose. The scrap metal business shall retain a copy of the documenta- tion provided. (d) The purchase or receipt of commercial metal property from a person other than: (A) A commercial seller that has a commercial account with the scrap metal business; or (B) An individual who can produce written documentation or identification that proves that the individual is an employee, agent or other individual authorized by a commercial seller that has a commercial account with the scrap metal business to deliver commercial metal property for purchase or receipt. (e) The purchase or receipt of metal property from an individual whom the scrap metal business knows or reasonably suspects: (A) Is under 16 years of age; or (B) Has, according to written or electronically transmitted information provided by a peace officer or law enforcement agency, been convicted within the past five years, as a principal, agent or accessory of a crime involving: (i) Drugs; (ii) Burglary, robbery or theft; (iii) Possession or receipt of stolen property; (iv) The manufacture, delivery or possession of, with intent to deliver, methamphet- amine; (v) The manufacture, delivery or possession of, with intent to deliver, ephedrine or a salt, isomer or salt of an isomer of ephedrine; (vi) The manufacture, delivery or possession of, with intent to deliver, pseudoephedrine or a salt, isomer or salt of an isomer of pseudoephedrine; or (vii) Possession of anhydrous ammonia with intent to manufacture methamphetamine. (4) Violation of a provision of subsections (1) to (3) of this section is a Class A misdemeanor. SECTION 3. (1) A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the Enrolled Senate Bill 570 (SB 570-B) Page 3 public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the persons possession. (2) A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate. (3) A metal transportation certificate must include: (a) The date the metal property was acquired and the amount and type of metal property that the person is transporting; (b) The location where the metal property was loaded and the destination of the metal property; (c) The name, address and telephone number of the seller or the transferor; (d) The signature of the seller or transferor or the authorized agent of the seller or transferor; and (e) The name, address and telephone number of the person transporting the metal prop- erty. (4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department's website. (5) It is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property. (6) Unlawfully transporting metal property is a Class C misdemeanor. SECTION 4. (1) Not later than two business days after receiving from a peace officer or law enforcement agency a subpoena for information related to a named or specified individ- ual, vehicle or item of metal property, a scrap metal business shall provide to the peace of- ficer or law enforcement agency a copy of a metal property record created under ORS 165.107 or a copy of the relevant portion of a commercial account that contains the information about the individual, vehicle or item of metal property that is the subject of the subpoena. The scrap metal business shall provide the information in any form or by any method rea- sonably required by the peace officer or law enforcement agency. (2) If a scrap metal business has good cause to believe that metal property that the scrap metal business purchased or received or possesses or controls was lost by or stolen from the metal property's owner or lawful possessor, the scrap metal business shall promptly notify an appropriate law enforcement agency and shall: (a) Name the owner or lawful possessor of the property, if known; and (b) Disclose the name of the person that delivered the metal property and the date on which the scrap metal business received the metal property. (3) If a peace officer or law enforcement agency notifies a scrap metal business that an item of metal property in the possession or control of the scrap metal business is lost or stolen, the scrap metal business shall: (a) Segregate the metal property that is the subject of the notification from other in- ventory kept by the scrap metal business; (b) Protect the metal property from alteration or damage; (c) Mark, tag or otherwise identify the metal property; and (d) Hold the metal property for the length of time, not to exceed 10 days, that the peace officer or law enforcement agency specifies. (4) A peace officer or law enforcement agency may not require a scrap metal business to hold metal property under subsection (3) of this section unless the peace officer or law enforcement agency reasonably suspects that the metal property was lost by or stolen from the owner or lawful possessor of the metal property. Within 10 days after notifying a scrap metal business that an item of metal property may be lost or stolen, the peace officer or law enforcement agency shall: Enrolled Senate Bill 570 (SB 570-B) Page 4 (a) Determine that the metal property is lost or stolen and take appropriate lawful action to impound or recover the metal property and return the metal property to the owner or lawful possessor; or (b) Determine that the metal property is not lost or stolen and notify the scrap metal business that it is not necessary to hold the metal property any longer. SECTION 5. (1) Except as provided in subsection (2) of this section, sections 1 to 4 of this 2009 Act and ORS 165.107 do not apply to: (a) A person engaged in recycling beverage containers as defined in ORS 459A.700. (b) A person engaged in buying or selling used or empty food containers made of metal. (c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020. (d) A person to whom a dismantler certificate has been issued under ORS 822.110. (e) A person to whom a towing business certificate has been issued under ORS 822.205. (2) A person described in subsection (1)(c) to (e) of this section shall comply with and is subject to the penalty provided for violating a provision of ORS 165.107 or sections 1 to 4 of this 2009 Act, if the person purchases, receives or transports: (a) Private metal property; or (b) Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle. SECTION 6. ORS 165.107 is amended to read: 165.107. [(1) A scrap metal dealer commits the offense of failing to maintain a metal purchase re- cord if the scrap metal dealer knowingly buys or otherwise obtains new, used or secondhand nonferrous metals or alloys thereof without keeping a record of all such articles purchased or obtained.) [(2) The scrap metal dealer purchasing or obtaining the metal shall retain the record required by subsection (1) of this section for a period of not less than one year and the scrap metal dealer shall make the record available to any peace officer on demand.] [(3) The record required by subsection (1) of this section shall contain:] [(a) The time and date of the transaction and the name of the person conducting the transaction on behalf of the scrap metal dealer.] [(b) A general description of the property purchased, including the type and amount and, if readily discernible, any identifiable marks on the property.] [(c) A photocopy of a current, valid driver license, passport or state identification card of the seller.] [(d) The amount of the consideration given for the metals.] [(e) If the transaction is valued at more than $100, a declaration, signed by the seller, in substan- tially the following form: "I, the undersigned, hereby declare that the property that is subject to this transaction is not, to the best of my knowledge, stolen property. I understand that this statement is made under penalty of perjury and may be used as evidence in court.'] [(f) Video surveillance or a photograph of the seller. Notwithstanding subsection (2) of this section, the images must be retained for 30 days from the date of the transaction.] [(g) A description of any motor vehicle and its license number used in the delivery of the property.] [(4) This section shall not apply to purchases made by or from a manufacturer, remanufacturer or a distributor appointed by a manufacturer of such articles.] [(5) As used in this section:] [(a) Nonferrous metal" includes, but is not limited to, aluminum, stainless steel, copper, copper wire, copper cable, brass, electrolytic nickel and zinc. "Nonferrous metal" does not include precious metals when actually used in the manufacture, repair, sale or resale of jewelry.] [(b) "Scrap metal dealer" means a person engaged in the business of purchasing or receiving nonferrous metal property for aggregation and sale to a metal processor or metal recycler.] [(c) "Seller" means a person who sells or delivers the property or otherwise makes the property available to the scrap metal dealer.] Enrolled Senate Bill 570 (SB 570-B) Page 5 (1) Before completing a transaction, a scrap metal business engaged in business in this state shall: (a) Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must: (A) Be accurate and written clearly and legibly in English; (B) Be entered onto a standardized printed form or an electronic form that is securely stored and is capable of ready retrieval and printing, and (C) Contain all of the following information: (i) The signature of the individual with whom the scrap metal business conducts the transaction; (ii) The time, date, location and monetary amount or other value of the transaction; (iii) The name of the employee who conducts the transaction on behalf of the scrap metal business; (iv) The name, street address and telephone number of the individual with whom the scrap metal business conducts the transaction; (v) A description of, and the license number and issuing state shown on the license plate affixed to, the motor vehicle, if any, used to transport the individual who conducts, or the nonferrous metal property or private metal property that is the subject of, the transaction; (vi) A photocopy of a current, valid driver license or other government-issued photo identification belonging to the individual with whom the scrap metal business conducts the transaction; (vii) A photograph of, or video surveillance recording depicting, a recognizable facial im- age of the individual with whom the scrap metal business conducts the transaction; and (viii) A general description of the nonferrous metal property or private metal property that constitutes the predominant part of the transaction. The description must include any identifiable marks on the property, if readily discernible, and must specify the weight, quantity or volume of the nonferrous metal property or private metal property and indicate the appropriate classification code from the current edition of the Institute of Scrap Recy- cling Industries' Scrap Specifications Circular, or successor publication, for each separately classifiable component of the nonferrous metal property or private metal property. (b) Require the individual with whom the scrap metal business conducts a transaction to sign and date a declaration printed in conspicuous type, either on the record described in this subsection or on a receipt issued to the individual with whom the scrap metal business conducts the transaction, that states: I, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE, STOLEN PROPERTY. (c) Require the employee of the scrap metal business who conducts the transaction on behalf of the scrap metal business to witness the individual sign the declaration, and also to sign and date the declaration in a space provided for that purpose. (d) For one year following the date of the transaction, keep a copy of the record and the signed and dated declaration described in this subsection. If the scrap metal business uses a video surveillance recording as part of the record kept in accordance with this subsection, the scrap metal business need not keep the video surveillance recording for one year, but shall retain the video surveillance recording for a minimum of 30 days following the date of the transaction. The scrap metal business shall at all times keep the copies at the current place of business for the scrap metal business. Enrolled Senate Bill 570 (SB 570-B) Page 6 (2) A scrap metal business engaged in business in this state may not do any of the fol- lowing- (a) Purchase or receive kegs or similar metallic containers used to store or dispense al- coholic beverages, except from a person that manufactures the kegs or containers or from a person licensed by the Oregon Liquor Control Commission under ORS 471.155. (b) Conduct a transaction with an individual if the individual does not at the time of the transaction consent to the creation of the record described in subsection (1) of this section and produce for inspection a valid driver license or other government-issued photo identifi- cation that belongs to the individual. (c) Conduct a transaction with an individual in which the scrap metal business pays the individual other than by mailing a nontransferable check for the amount of the transaction to the street address the individual provided under subsection (1) of this section not earlier than three business days after the date of the transaction. The check must be drawn on an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008. (d) Cash a check issued in payment for a transaction or release a check issued in pay- ment for a transaction other than as provided in paragraph (c) of this subsection. If a check is returned as undelivered or undeliverable, the scrap metal business shall retain the check until the individual with whom the scrap metal business conducted the transaction provides a valid street address for the individual. If after 30 days following the date of the transaction the individual fails to provide a valid street address, the scrap metal business may cancel the check and the individual shall forfeit to the scrap metal business the amount due as pay- ment. (3) Before purchasing or receiving metal property from a commercial seller, a scrap metal business shall: (a) Create and maintain a commercial account with the commercial seller. As part of the commercial account, the scrap metal business shall enter accurately, clearly and legibly in English onto a standardized printed form, or an electronic form that is securely stored and is capable of ready retrieval and printing, the following information: (A) The full name of the commercial seller; (B) The business address and telephone number of the commercial seller; and (C) The full name of each employee, agent or other individual the commercial seller au- thorizes to deliver metal property to the scrap metal business. (b) Record as part of the commercial account at the time the scrap metal business pur- chases or receives metal property from a commercial seller the following information: (A) The time, date and location at which the commercial seller delivered the metal property for purchase or receipt; (B) The monetary amount or other value of the metal property; (C) A description of the type of metal property that constitutes the predominant part of the purchase or receipt; and (D) The signature of the individual who delivered the metal property to the scrap metal business. (4) A scrap metal business may require an individual from whom the business obtains metal property to provide the individual's thumbprint to the scrap metal business. (5) A scrap metal business shall make all records and accounts required to be maintained under this section available to any peace officer on demand. (6)(a) A scrap metal [dealer] business that violates a provision of subsections (1) to (3) of this section shall pay a fine of $1,000. (b) Notwithstanding paragraph (a) of this subsection, a scrap metal [dealer] business that vio- lates a provision of subsections (1) to (3) of this section shall pay a fine of $5,000 if the scrap metal [dealer] business has at least three previous convictions for violations of a provision of subsections (1) to (3) of this section. Enrolled Senate Bill 570 (SB 570-13) Page 7 (7) The definitions in section 1 of this 2009 Act apply to this section. SECTION 7. (1) As used in this section, "disproportionate impact" means that, in a case of theft in the first degree under ORS 164.055 or aggravated theft in the first degree under ORS 164.057: (a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately be- fore the theft is more than three times the value of the property that was the subject of the theft; or (b) The theft of the property creates a hazard to public health or safety or the environ- ment. (2) The Oregon Criminal Justice Commission shall adopt rules that establish dispropor- tionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive sentence under the rules of the commission. SECTION S. ORS 133.619 is amended to read: 133.619. (1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section. (2) The officer need not inform any person of the existence or content of the warrant prior to its execution. (3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant. (4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following: (a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and (b) To such other persons as the court may direct in the warrant. (5) The receipt provided for in subsection (4) of this section shall include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device. (6) A warrant authorizing the installation or tracking of a mobile tracking device shall only be issued based upon the submission of an affidavit or oral statement as set forth in ORS 133.545, which affidavit or statement demonstrates that probable cause exists to believe that an individual is com- mitting or is about to commit a particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony, any crime punishable as a felony arising under ORS 475.840 or 475.846 to 475.894, unlawfully transporting metal property, any crime described in section 2 of this 2009 Act, bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony, or any conspiracy to commit any of the crimes listed in this subsection. SECTION 9. ORS 164.095 is amended to read: 164.095. (1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft. (2) It is a defense to a charge of violating subsection (1) of this section if: (a) The person is a scrap metal business as defined in section 1 of this 2009 Act or an agent or employee of a scrap metal business; (b) The person receives or retains metal property as defined in section 1 of this 2009 Act; and (c) The person makes a report in accordance with section 2 (3)(a) of this 2009 Act. [(2)] (3) "Receiving" means acquiring possession, control or title, or lending on the security of the property. SECTION 10. (1) As used in this section, "owner" means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title. Enrolled Senate Bill 570 (SB 570-B) Page 8 (2) An owner of land is not liable for personal injury, death or property damage that arises out of: (a) Theft or attempted theft of metal property as defined in section 1 of this 2009 Act from the owner's land; or (b) A hazardous condition that results from theft or attempted theft of metal property as defined in section 1 of this 2009 Act from the owners land when the owner did not know or could not reasonably have known of the hazardous condition. (3) The immunities provided under this section apply to: (a) Public and private land; (b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or struc- tures on the owner's land; and (c) Machinery or equipment on the owner's land. (4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. SECTION 11. (1) In each county in which a scrap metal business, as defined in section 1 of this 2009 Act, has a place of business, the district attorney of the county shall, after consulting with representatives of the affected law enforcement agencies and the business community, create a written plan of action that ensures effective communication between law enforcement and the business community regarding the theft of metal property as de- fined in section 1 of this 2009 Act. (2) The written plan of action must include, but need not be limited to, a procedure for law enforcement agencies to notify scrap metal businesses of a theft of metal property within 24 hours after the receipt of the report of the theft. (3) The district attorney shall provide a copy of the written plan of action to the local public safety coordinating council described in ORS 423.560. SECTION 12. ORS 423.565 is amended to read: 423.565. In addition to the duties assigned to it under ORS 423.560, the local public safety co- ordinating council convened by the board of commissioners shall, at a minimum: (1) Develop and recommend to the county board of commissioners the plan for use of state re- sources to serve the local youth offender population; (2) Coordinate local juvenile justice policy among affected juvenile justice entities; [and] (3) In consultation with the local commission on children and families, develop and recommend to the county board of commissioners a plan designed to prevent criminal involvement by youth. The plan must provide for coordination of community-wide services involving treatment, education, em- ployment and intervention strategies aimed at crime prevention; and (4) If a written plan of action has been provided to the council under section 11 of this 2009 Act, annually review the plan and, if appropriate, make written recommendations to the affected district attorney for plan improvements. SECTION 13. ORS 646A.060 is amended to read: 646A.060. (1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall: (a) Require that the individual from whom the person buys the used goods present proof of identification; and (b) Maintain a record of the name and address of the individual, the type of identification pro- vided by the individual, the date and a description of the goods bought from the individual. (2) If the goods described in subsection (1) of this section are private metal property or are constructed of or contain parts made of nonferrous metal property as [that term is defined in ORS 165.1071 those terms are defined in section 1 of this 2009 Act, in addition to the requirements of subsection (1) of this section, the person shall comply with and is subject to the penalty provided for violating a provision of ORS 165.107 or section 2 or 4 of this 2009 Act that is Enrolled Senate Bill 570 (SB 570-B) Page 9 applicable to a scrap metal business as defined in section 1 of this 2009 Act. [the records shall contain the following:] [(a) A photocopy of the identification provided under subsection (1)(a) of this section;] [(b) The amount of consideration given for the goods;] [(c) If the transaction is valued at more than $100, a declaration, signed by the individual from whom the person buys the used goods, in substantially the following form: "I, the undersigned, hereby declare that the property that is subject to this transaction is not, to the best of my knowledge, stolen property. I understand that this statement is made under penalty of perjury and may be used as evi- dence in court."J [(d) Video surveillance or a photograph of the individual; and] [(e) A description and the registration plate number of any motor vehicle used in the delivery of the goods. ] (3)[(a)] The person shall make all records required to be maintained by [subsections (1) and (2)] subsection (1) of this section available to [law enforcement personnel conducting an investigation] any peace officer on demand. [(b) The person shall retain the records described in subsection (2) of this section for a period of not less than one year, except that the video surveillance or photograph described in subsection (2)(d) of this section must be retained for 30 days from the date of the transaction.] (4) This section does not apply to pawnbrokers licensed under ORS 726.080. (5) This section does not preempt, invalidate or in any way affect the operation of any provision of a county, city or district ordinance regulating the activities of consignment stores, buy-sell stores, secondhand stores or similar stores or enterprises that in the regular course of business buy used goods from individuals for the purpose of resale. SECTION 14. ORS 646A.062 is amended to read: 646A.062. [(1)] A person that violates ORS 646A.060 (1) commits a Class B violation. [(2)(a) A person that violates ORS 646A.060 (2) shall pay a fine of $1,000.1 [(b) Notwithstanding paragraph (a) of this subsection, a person that violates ORS 646A.060 (2) shall pay a fine of $5,000 if the person has at least three previous convictions for violations of ORS 646A.060 (2).1 SECTION 15. ORS 161.005 is amended to read: 161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160 to 163.208, 163.215 to 163.257, 163.261, 163.263, 163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.432, 163.433, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415, 164.805, 164.886, 165.002 to 165.102, 165.109, 165.805, 166.005 to 166.095, 166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.054, 167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810 and 167.820 and sections 2 and 3 of this 2009 Act shall be known and may be cited as Oregon Criminal Code of 1971. SECTION 16. (1) Sections 1 to 5, 7 and 10 of this 2009 Act and the amendments to ORS 164.095, 165.107, 646A.060 and 646A.062 by sections 6, 9, 13 and 14 of this 2009 Act apply to conduct occurring on or after the effective date of this 2009 Act. (2) The amendments to ORS 133.619 by section 8 of this 2009 Act apply to warrant appli- cations made on or after the effective date of this 2009 Act. Enrolled Senate Bill 570 (SB 570-B) Page 10 Passed by Senate April 29, 2009 Repassed by Senate June 23, 2009 Secretary of Senate President of Senate Passed by House June 11, 2009 Speaker of House Received by Governor. M............................................................ 2009 Approved: M............................................................ 2009 Governor Filed in Office of Secretary of State: M............................................................ 2009 Secretary of State Enrolled Senate Bill 570 (SB 570-B) Page 11 Attachment 4 May 18, 2009 To: Deschutes County Commission on Children & Families From: Redmond Police Department For: Alcohol Compliance Checks Officer Names: Jesse Petersen, Aaron Blackledge, Hank Majetich Hourly/Other Costs: 21 Hrs Officer Time for Compliance Checks/Briefings/Reports Four Redmond Youth 4 Hrs Time for Training -2 Officers off-duty (1 Ofcr on RPD Volunteers Participated in the time for additional 2 hrs) Compliance Checks (4) $50 Gift Cards for Youth = $200 120 Miles Driven @.50 per mile (RPD Paid) Activity Log - April 24, 2009 All Checks Completed w/OLCC Date L Retail Location Name & Address Results Action Taken 4124109 U.S. Market-1242 SW Highland` sold to minor Cited 4N/09, 1 LaBur-rita Market,- 843 NW 5th sold to Minor Cited 4124109 Baba's Chinese - 343 SW 6th Refused Sale 4124109 Shari's Rest. -1565 SW Odem Medo Refused Sale 4124109 City Slickers - 329 SW 6th Refused Sale 4124109 Rumors - 250 NW 6th Refused Sale 4124109 Doozy's -1729 SW Odem Medo Refused Sale 4124109 Ashley's -1713 SW Odem Medo Refused Sale 4124109 Albertson's -1655 SW Odem Medo Refused Sale 4/24/09 Timbers - 3315 S Hwy 97 Refused Sale Officer Work Report Compliance Checks 2009 Page 1 of 3 6.2009 4/24/09 Canyons -1857 NW 611 Refused Sale 4124109 Safeway -1705 S Hwy 97 Refused Sale 4124109 Sassie's Cafe - 843 NW 5th Refused Sale 4124109 Boss' Office -1421 NW 6th Refused Sale 4124109 Tumble Inn - 631 SW 6th Refused Sale 4124109 Westside One Stop -1501 SW Highland Refused Sale 4124109 Walmart - 300 NW Oak Tree Lane Refused Sale 4124109 Fred Meyer - 944 SW Veteran's Way Refused Sale 4124)09 = Izzy's 810 SW 11th Sold to Minor - Cited. 4124109 15th Street Deli -1430 SW Highland Closed 4124109 Geno's Pizza - 527 NW Elm Closed 4124109 Applebee's - 3807 SW 21St Refused Sale 4124109 4Millenium Cafe - 445 SW 6t": St 1 Sold, to Minor Cited '424)09 ="Pappy's. Pizza -1655 N Hwy 97 Sold to Minor - Cited 4124109 Moes Food Mart - 516 SW 5th Refused 4124109 Twins JJ - 535 SW 6th Refused 4124109 G -,Jersey's Sports Bar - 974 SW Veterans Wy sold to Minor I Cited 4124109 7-11-1209 SW Highland-Ave Sold to Minor. Cited 4124109 Fireside Lounge - 343 NW 6th Refused Compliance Checks Completed Without OLCC - April 27, 2009 4127109 Seventh Street Brew House - 855 SW 7th Refused 4127109 Kyoto Japanese Rest. - 974 SW Veterans Refused 4127109 Abby's Pizza -1938 S Hwy 97 Refused 4127109 Sassy's Cafe South - 3113 S Hwy 97 Refused 4127109 Fountains Bar & Grill - 3709 SW 21St PI Refused 4127109 Red Dog Depot - 3716 SW 21St PI Refused 4127109 Straw Hat Pizza - 3853 SW 21St Refused 4127109 Bi-Mart -1727 SW Odem Medo Refused 4127109 Ride Aide -1651 SW Odem Medo Refused 4127109 Madeline's Grill - 2414 S Hwy 97 Refused 4127109 Coyote Ranch -1368 S Hwy 97 Refused 4127109 Walgreens -1450 S Hwy 97 Refused 4127109 VFW Hall -1836 Veterans Way Refused 4/27/09 SOBA - 2498 S Hwy 97 Refused Officer Work Report Compliance Checks 2009 Page 2 of 3 6.2009 4/27/09 La Frontera - 2330 S Hwy 97 Refused 4/27109 Union 76 - 2337 S Hwy 97 Refused 4/27/09 Cindy's -1632 S Hwy 97 Refused 4/27109 Mazatlan -1302 S Hwy 97 Refused 4127109 . Shen Station - 712; SW 51h Sold:.to Minor Cited 4/27/09 Plum Fierce - 614 SW 5th Refused 4127/09 Black Bear Diner - 429 NW Cedar Refused 4127109 Sully's Italian - 314 SW 5th Refused 4127109 :C bell`r's Pizza - 885 SW R mrock Way Sold fa Minor Cited' - 4/27/09 Ray's Food Place - 900 SW 23r - Refused 4127/09 Fiesta Mazatlan - 905 SW Rimrock Way Refused 4/27/09 Union 76 -109 SW 6th Refused 4127109 , El Cochinto Contento - 412 NW 6th sold, to Minor T Cited 4/27/09 La Burrita - 843 NW 5th Refused 4/27/09 Sassy's Cafe - 843 NW 5th Refused 4127/09 The Buggy Stop -1340 NW 6th Refused 4/27109 Clock Tower Pub - 2757 NW 7th Refused 4/27/09: Brickhouse Rest. - 412 SW 6th Soldo Minor_ Cited 4/27/09 Diegos - 447 SW 6th Refused 4/27/09 15th Street Deli -1430 SW Highland Closed (2nd Attempt) 4/27/09 Geno's Pizza - 527 NW Elm Closed (2nd Attempt) TOTALS 62 Business Compliance Checks 49 Refused/11 Sold 2 Closed During Compliance Checks 11 Cited No warnings were given for any violations - all cited for furnishing alcohol to a minor. Two businesses closed during both dates compliance checks were conducted. Contact Person Cpt Dave Tarbet Administration Division Redmond Police Department 777 SW Deschutes Ave 541 504-3402 dave.tarbetgci.redmond.or.us Officer Work Report Compliance Checks 2009 Page 3 of 3 6.2009 J Attachment 5 Deschutes County, the 2009 Oregon Healthy Teens Survey, and the Youth Survey Future Plans The Oregon Health Teens Survey (OHTS) is a survey of eighth and eleventh graders throughout the state of Oregon and has been offered almost every year throughout the state since 1997. The survey questions have varied over the years, but in essence it asks health questions related to health care, chronic diseases, nutrition, sexual behavior, substance use (alcohol, tobacco and other drugs), physical activity, mental health, suicide, personal safety, gambling, and violence. The 2009 OHTS had 146 questions and took approximately 45-60 minutes to complete. The data collected from this survey is used by many public and private stakeholders, and is the basis for outcome measures on the Oregon Progress Board. This year, the State of Oregon changed its profile for delivering the annual youth survey. Each year since the Oregon Health Teens Survey started being implemented, the State epidemiologist has identified a specific number of schools across the state to serve as the core survey population. Due to funding reductions and less partners involved in sponsorship, the State had to limit the number of schools it could pay for in each County for 2009. In the past schools who were not selected for the State identified survey sample could "volunteer" to participate in the survey and the State would pick up the cost of the their participation. This year, however, "volunteer" schools had to pay their own survey costs. News of this implementation change reached Deschutes County in mid-February. Without any intervention, the State survey sample in Deschutes County would have been limited to one high school and its feeder school(s) - essentially, one high school and up to two middle schools. Historically, in our county there have been different patterns of participation in the Oregon Healthy Teen Survey, depending on which school district is involved. Over the past five years the entire County has gradually been growing the core sample size of eighth and eleventh grade youth. Since 2004, participation has grown from six schools participating to a high of sixteen schools participating in 2008. Number of Deschutes County Schools Participating in OHTS per year 2004 2005 2006 2007 t. 2009 6 4 9 10 16 14 The 2009 implementation of the Oregon Health Teens Survey required community mobilization and financial leverage from non-school district funds in order to increase the number of schools participating from three to fourteen (this represents a 367% increase in participation from the State's sponsored schools to the total number of schools participating in the 2009 OHTS). The increase in participation is due, in large part, to the mobilization of the TAPS substance abuse prevention coalitions in Sisters, Redmond and South County. The Deschutes County Commission on Children and Families spearheaded the effort with the local Think Again ParentS (TAPS) teams and Deschutes County Health Services staff to obtain agreement by schools to participate, as well as non-school district funding for the 2009 surveys where necessary. School district budget reductions in all districts made partnering to share the cost burden essential. Survey costs were incurred by C:\Documents and Settings\deborahf\Local Settings\Temporary Internet Files\OLK1\Att 5 2009 Oregon Healthy Teen Survey.docJAS 7/1/09 Page 1 of 3 TAPS teams in all three TAPS communities at varying levels, depending on the State OHTS sponsorship and the school district funding availability. The Commission on Children & Families also contributed financially to make the survey available at four middle schools not reached through the TAPS team coalitions. In addition to the cost of the survey itself, there was a financial need in some schools to pay for the mandatory parental notification letter. The overall local cost (shared between the CCF and TAPS) to increase participation for 2009 was $10,340.62, not including staff and volunteer time to coordinate the efforts. The Future Youth Survey Picture After this year, the Oregon Health Teens Survey will only be offered every other year (2009, 2011, 2013, etc). The State's Addictions and Mental Health (AMH) Division will offer a separate youth survey during the even years (2010, 2012, etc) starting in 2010. This AMH survey will likely NOT include chronic disease questions or general health questions. The AMH's intent is to offer this survey to sixth graders, eighth graders and eleventh graders. This will increase the sample size to entirely new grade level (sixth graders). The survey has not yet been designed, but it will likely include more questions related to risk and protective factors, as well as substance use questions and possibly mental health related questions. In May, the State's AMH Prevention Manager stated that the AMH's intent is to cover the survey costs for any school wishing to participate in the AMH youth. This will eliminate the need for local resources to be allocated to a youth survey in the even years. The youth survey in the odd years, however, will be implemented with the same profile that was offered in 2009: one high school and its feeder school(s) will be paid for by the State. If Deschutes County stakeholders wish to have a larger sample size for the Oregon Health Teens Survey, it is likely that additional funding will be needed. It is unclear exactly which substance abuse or mental health questions will remain on the Oregon Healthy Teens Survey, as the diverse partnership has narrowed as of the 2009 implementation. It is possible that the survey will continue to contain approximately the same questions that were represented in the 2009 surveys, but at this time there is no draft for the 2011 Oregon Healthy Teens Survey. Conclusions: • The implementation of two youth surveys, delivered on alternating years will provide different opportunities for data collection. • The questions included on each survey will likely have some overlap, but not be identical, and will likely speak to specific stakeholder needs for data collection in their focus area. • The sample sizes for each youth survey may vary greatly. • The local costs associated with each survey may vary from year to year, however, the alternating year profiles will likely be relatively consistent. • Regardless of the specific youth survey conducted, making clear connections between the collection of the data and the impact on community resources for youth is critical. C:\Documents and Settings\deborahf\Local Settings\Temporary Internet Files\OLK1\Att 5 2009 Oregon Healthy Teen Survey.docJAS 7/1/09 Page 2 of 3 4-. • Partnerships with the school districts are essential for ensuring that sample sizes are appropriate sizes to help describe our local youth behaviors. Concerns: • Limited time with students to implement the surveys may impact the frequency with which schools participate in one or both of the surveys. • If a school chooses to only participate every two years in a youth survey, their data may be less comprehensive than in years past. • Wide variances in survey participation and sample sizes make comparing data from year to year challenging- • Local financial resources may need to be generated to maintain a healthy sample size for the Oregon Healthy Teens Survey. • In some cases, implementation of a youth survey has required additional staffing to proctor the surveys. Depending on the implementation plan, local human resources may be necessary to continue the implementation of either the AMH or the OHT youth survey. C:\Documents and Settings\deborahf\Local Settings\Temporary Internet Files\OLK1\Att 5 2009 Oregon Healthy Teen Survey.doc]AS 7/1/09 Page 3 of 3