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2009-1535-Minutes for Meeting September 14,2009 Recorded 12/1/2009COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS QJ 7QQ9.1535 COMMISSIONERV JOURNAL 12/01/2009 08:29:17 AM 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 G~J'CES C,' G < Monday, September 14, 2009 Allen Room, County Administration Building, 1300 NW Wall St., Bend MINUTES OF MEETING Present were Judge Michael Sullivan; Commissioners Alan Unger and Tammy Baney; Ken Hales, Community Corrections; Becky McDonald, 9-1-1; Eileen Stein, City of Sisters Administrator; Shelley Smith of the KIDS Center; Scott Johnson, Health Services; Sarah Johnson, Commission on Children & Families; Aaron Brenneman, defense attorney; Mike Dugan, District Attorney; Sue Brewster and Lt. Shane Nelson, Sheriff's Office; Carl Rhodes, Oregon State Police; Ruth Jenkin, Jail; Tanner Wark, Parole & Probation; Donna McClung of the Oregon Youth Authority; Jack Blum, citizen member; and guests Kristin Powers, St. Charles Medical Center; Terry Schroeder, Mental Health; citizen Ruth Gates; and Hillary Borrud, representing The Bulletin. 1. Call to Order & Introductions. Judge Sullivan called the meeting to order at 3:35 p.m. 2. July Minutes. Aaron Brenneman moved approval; Jack Blum seconded; and the minutes were unanimously approved as written. 3. Public Comment. Sarah Johnson informed the group about a one-day training workshop co- sponsored with Saving Grace, focusing on domestic violence. Minutes of LPSCC Meeting Monday, September 14, 2009 Page 1 of 7 Pages 4. Drug Addicted Offenders Grant This was addressed along with the following item. 5. Federal Review of Mental Health Court Mike Dugan updated the group on a conference he attended in Washington, D.C. at which mental health courts was discussed. He said there are a wide variety of these programs throughout the country. He added that through the efforts of Scott Johnson, the local program received a three-year grant. There is another grant that is almost ready to submit which is geared to services for women and children. Ken Hales stated that the Measure 57 situation is an odd one. There are questions about the funding, which is directed to be used in specific ways. This can be buying sanctions as well as treatment services and electronic monitoring. At this point it addresses drug and alcohol treatment, but not mental health needs. Commissioner Baney asked if this would add capacity, and whether staff would need to be added. Mr. Hales replied that he doesn't know the exact forecast, but funds are supposed to be available for that purpose. He will request adding a probation officer for these offenders, and it is reasonable to expect funding for at least the first two years. Even though it is difficult when dealing with 1145 funding in general, this other funding can be used for a variety of things. Discussion took place as to what offenders this would cover. Mr. Hales said that it is his understanding that the high-risk, serious offenders who have failed at previous programs would not be considered. Ruth Jenkin added that it only identifies certain people who are on sanction; the contract only deals with a specific number of clients from Parole & Probation. Sue Brewster said that these would be continuous programs and there aren't any that necessarily overlap. Mr. Dugan stated that the CJC grants may help with this. An application is in process. Drug court is limited now, and should be expanded. Minutes of LPSCC Meeting Monday, September 14, 2009 Page 2 of 7 Pages Ruth Jenkin said that since the motivational training program and others have been established, a lot of inmates go through them, and it is important not to duplicate. A lot have already gone through it and would not benefit from more. Some are not successful. Pfeifer and Associates handle about 74 inmates a year. Mr. Dugan said some new grants would consider an expanded drug court, and should be used if possible. These new grants do not include mental health needs, but would not compete with the other grants. Mr. Hales stated that they can identify those sanctioned in jail and determine if they have already gone through it. Scott Johnson indicated that they should be working on continuity of care, and it is important to think about the system as a whole. BLUM: Move approval of LPSCC endorsement of the plan to go before the Board of Commissioners. JOHNSON: Second. Approval was unanimous. 6. Public Safety & Mental Health Services Mr. Hales provided a handout regarding suicide issues. Law enforcement agencies have been providing whatever data they can. Mr. Johnson said that additional considerations, such as rate per thousand, would make it more informative. It does not include suspected suicide attempts, and there are discrepancies in the data between the agencies. Lt. Shane Nelson of the Sheriff's Office said that there were 11 suicides in 2008 and five the first half of 2009. This does not include deaths with suspicious circumstances, however. Mr. Johnson stated that he believes this count is understated. He knows that after-hours crisis and daytime calls are going up, due to economic stress and a lack of health services. Demand was flat line for about five years, but since then has increased by about 40-60% each year. Minutes of LPSCC Meeting Page 3 of 7 Pages Monday, September 14, 2009 Kristen Powers said that the numbers jumped when Sageview opened. They used to have only two to four beds and now have twenty. Terry Schroeder added that the commitment rate has not changed annually; there is the same number each year regardless of the number of holds. The system can only triage due to lack of capacity. Judge Sullivan observed that more people are able to respond and they are better trained, so there are higher survival rates. Lt. Nelson said thus far in 2009 his department has responded to 100 calls; there were 181 in all of 2008. In 2006 there were 144. Bend Police Chief Sandi Baxter said that it is higher in the cities, where there were 232 last year and 213 thus far this year. Mr. Johnson stated that he appreciates the data from the cities. The Sheriff had hosted a video conference to address this issue. There are some promising programs around the country. The system and available resources have to be considered. Commissioner Baney said that is important to know when there are those who complete the attempt whether there is something that could have caught it ahead of time. Chief Baxter replied that the first responders are well-trained, as is the Mental Health crisis team and hospital staff. It appears there is never one common reason why the attempts are made. These are priority calls for all of the agencies. 7. Community Based Mental Health Service Models Scott Johnson said there was a window of time to think about what came out of the video conference and to look at what should be pursued going into 2010. They start with guiding principles. The area does share responsibility, and there is no single solution. It is a systemic issue and requires a common framework and training. They need to draft principles to review and discuss them. Crisis respite is another option, providing a place to go to be stabilized. This is voluntary. Chief Ron Roberts of Redmond spoke highly of the Eugene program. Mr. Schroeder has looked into the Marion County system, which has a number of interesting elements. Minutes of LPSCC Meeting Monday, September 14, 2009 Page 4 of 7 Pages The national best practices model looks at the highest need individuals familiar to the area. This kind of help is needed 24/7. Most programs are more urban, but characteristics could be adopted. The community-based mental health services model is included because the features shown in the video conference are supposed to be effective. They are also interested in a detox program; Jackson County is being contacted in this regard. Eileen Stein said that some individuals are borderline, and exist under the radar, needing help but are not noticed. Mr. Johnson replied that if they are in the Oregon Health Plan they can get services, but they must be uninsured. These cases end up being triaged. The services are all voluntary and the person must seek treatment. There are attempts to expand the number able to access the OHP, as some are not enrolled. Mr. Schroeder said that in some cases the crisis team is able to respond to these. It is often due to a living situation or the loss of a living situation, and the individuals will collapse if not helped, ending up as a victim or a perpetrator. Those providing mental health care as well as health care are overwhelmed by the need right now. Mr. Johnson added that he hopes they can close the gap on these, but the homeless count is up and there is only one homeless outreach person. Mr. Schroeder stated that concerning holds and hospitalizations, it is a crisis state. They try to manage these people as they go back into the community. The best systems are the integrated systems, but there is no one size fits all system. Citizen Ruth Gates said that she ended up on a hold, was handcuffed, went to the emergency room, which was fortunately covered by insurance, but a lot of time was committed to her crisis. She had hoped to go to Sageview instead of the emergency room, as all she needed was respite. Chief Baxter indicated that law enforcement cannot take people straight to Sageview, even though that makes more sense and was the original goal. 8. Commerce in Metal Property Bill - Senate Bill 570 Mr. Dugan gave an overview of the bill which concerns the increasing theft of copper wiring and other metals to generate quick cash. Metal companies used to take in whatever they got and melt it down. The bill would require dealers to get names, mailing addresses and resident addresses. They don't get the money at the time; it will be mailed to them instead. Minutes of LPSCC Meeting Page 5 of 7 Pages Monday, September 14, 2009 The bill requires the District Attorney and law enforcement to develop a plan on how to notify the scrap metal companies of those individuals who have been convicted of this type of crime during the past five years. The plan includes LPSCC approval and an annual review, with written recommendations on how to improve the plan. He will ask the Information Technology run property crimes information for the past five years and check the files. This is widely supported by members of both the House and Senate. Carl Rhodes asked if there is reciprocity with other states. Mr. Dugan said it is Oregon's bill, and it would make sense if it affected Idaho, Washington and California, but he does not know. 9. Public Safety Services Evaluation - Senate Bill 77 - Criminal Justice Commission Ken Hales explained the evaluation, which can provide important information. He will be conferring with Judge Sullivan on this issue. Judge Sullivan added that it has a lot to do with counties that have lost revenue and now have no one able to provide patrol services. The LPSCC members concurred that this should proceed. 10. Other Business A question was asked about background checks being conducted on employees and volunteers, which sometimes are approved by the State, but problems are discovered later. Sue Brewster suggested that the person check with the School District on how they handle this. Being no further items discussed, the meeting adjourned at 4:45 p.m. Respectfully submitted, bftAb - Bonnie Baker Recording Secretary Minutes of LPSCC Meeting Page 6 of 7 Pages Monday, September 14, 2009 Attachments Exhibit A: Agenda Exhibit B: Sign in sheets Exhibit C: Flyer on Domestic Violence Training Exhibit D: Supplemental Funds for Drug Addicted Persons - Fact Sheet Exhibit E: Justice & Mental Health Collaboration Program Exhibit F: Suicide Data for Deschutes County Exhibit G: Senate Bill 570 Exhibit H: Senate Bill 77 Minutes of LPSCC Meeting Page 7 of 7 Pages Monday, September 14, 2009 DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL 401ES co`ZA September 14, 2009; 3:30 pm Allen Room, County Administration Building, 1300 NW Wall, Bend, OR Agenda I Call to Order & Introductions Judge Sullivan II August Minutes Attachment 1 Judge Sullivan Action: Approve minutes III Public Comment Judge Sullivan IV Drug Addicted Offenders Grant Attachment 2 Ken Hales Action: Approve program proposal and authorize submission V Federal Review of Mental Health Court Attachment 3 Mike Dugan and Scott Johnson Brief Council on recent granting authority site visit VI Public Safety & Mental Health Services Attachment 4 Ken Hales Provide preliminary needs assessment data VII Community Based Mental Health Service Models Attachment 5 Scott Johnson Brief Council on various models VIII Commerce in Metal Property Bill Attachment 6 Mike Dugan Discuss impact of SB 570 IX Public Safety Services Evaluation Attachment 7 Ken Hales Advise Council of SB 77 requirement x Other Business Judge Sullivan A i 1 I i I i O 1 N d' ~f ~ I I r- c H L ~ I ~ 6s. i ~ ~ i I I I ~ I 1 a s ~'t~j o o L W Q J A a I W 00 c ~ I I vi 51 i i I I I ~I 0 i I ~ I I I N d' C C w I i' J I z / o V m 0 7 ,Q I I L H v 'J a a I I I I i i 00 C v~ E v ~o z v~, 7 V Di ~ I I ~ I I i i I 1 I INII Register Early Space is Limited Date: October 2, 2009 Time: 8:00 am-5:00 pm Lunch Provided Location: Deschutes County Services Bldg Barnes-Sawyer Room 1300 NW Wall St. Bend, OR 8 MCLE credits Approved by Oregon State Bar Cost: $25 per person (includes lunch) Register online by: September 15, 2009 NvNvw.deschutes.orQ/dvtrai n i ng Make your $25 check payable to: Saving Grace Send your check to: Mary's Place 1 130 NW Harriman, Suite A Bend, OR 97701 You will receive confirmation of registration d( payment by email For More Information Contact: Gail Bartley Program Manager, Mary's Place 541-322-7460 gaiter maryspl.org NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES -1937 PRESENTS A MULTI-DISCIPLINARY TRAINING Accounting For Domestic Violence In Child Custody Cases Dissolution cases involving custody decisions are often the most difficult cases for the courts, especially those where abusive behavior has been part of the family fabric. ❑ Using several adult learn- ing techniques, this work- shop will help participants: • Identify the dynamics of domestic violence and how the presence of domestic violence affects parenting • Evaluate the impact of violence on adult and child victims, including their protection and restoration requirements Learn about the motivation, behavior and courtroom presentation of perpetrators and identify their specific rehabilitative needs Explore how to craft safe and effective parenting plans that match unique family circumstances Faculty • Linda L. Baker, E.D. Centre for Children & Families in the Justice Sys- tem • Honorable Michael Denton, Travis County Court, Austin, TX • Honorable Sharon Chatman, Superior Court of Santa Clara County, CA • Michael Goldberg, JD, Supervising Attorney MidPenn Legal Services, Lancaster, PA Who Should Attend Judges, Family Law Attorneys, Custody Evaluators, Advocates, Mental Health & Child Welfare Professionals DES(RUIES COUNTY (01 11INI1SION ON (N1WMbFAM M Our Sponsors NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES b. t)r MARY'S PLACE SAVINGGRACE Saepervised Visit and Safe Exchange Center L Accounting For Domestic Violence In Child Custody Cases Faculty Team LINDA L. BAKER, PHD, C. PSYCH. Linda Baker is the executive director of the Centre for Children and Families in the Justice System of the London Fam- ily Court Clinic. She is an adjunct professor in both the Department of Psychology and the Faculty of Education at the University of Western Ontario. She is a clinical psychologist whose areas of expertise have been children and youth experiencing mental illness, children and adolescents affected by violence, and youth in conflict with the law. Currently, Dr. Baker is on the Regional Advisory Board for the Child and Parent Resource Institute and on the Board of Direc- tors for the Sexual Assault Centre of London. She is on the Editorial Board for Youth Violence and juvenile justice: An Interdisciplinary Journal. Dr. Baker is committed to integrating research and practice and then translating the findings into promising practices for professionals working with children and adolescents. Her current research focus is on children of incarcerated mothers and children affected by domestic violence. She has co-authored over 20 resources. HON. MICHAEL DENTON Mike Denton is a judge of the Travis County Court at Law Four. Court Four is the first Travis County Domestic Violence Court, which hears domestic violence misde- meanors and third degree felonies in addition to applications for protective orders. Judge Denton previously worked as director of the Criminal Trial Division in the Travis County Attorney's Office from 1986-1998. He was co-chair of the Austin-Travis County Family Violence Task Force and of the Community Outreach Committee of the Travis County Bar. Judge Denton serves as a faculty member of the NCJFCJ, Fam- ily Violence Department's Enhancing Judicial Skills in Domestic Violence Cases (EJS) workshops. He earned his bachelor of science from West Point and attained his juris doctor in 1984 from University of Texas School of Law. MICHAEL GOLDBERG, JD Michael Goldberg has been an attorney with MidPenn Legal Services for over 30 years. In 1995, he became a special consultant with the Domestic Violence Legal Clinic in Pennsylvania. Mr. Goldberg is also involved with the Community Action Program Housing Corp., the Lancaster County STOP Grant Advisory Committee, and is a Lancaster Protection From Abuse Coordinating Committee Member. He has developed, coordinated, and presented workshops, lectures and training sessions to local, state and national, private and public institutes and groups on the topic of domestic vio- lence, family law, unemployment compensation law and trial advocacy, including the Lancaster Shelter for Abused Women, Lancaster Bar Association, PCADV, ABA, NLADA, and the National Council of Juvenile and Family Court Judges. Mr. Goldberg graduated with a Bachelor of Arts degree from Rutgers University and received his juris doctor from Rutgers Camden Law School. HON. SHARON CHATMAN Sharon Chatman is a family court judge of the Superior Court of Santa Clara County. Before her appointment to the bench she was a prosecutor for the Santa Clara County District Attorney's Office for ten years. She prosecuted a va- riety of crimes from murder to crimes of street gangs. Judge Chatman in 2002 was on the faculty and taught domestic violence at B. E. Witkin Judicial College of California. Judge Chatman serves as a consultant to the National Council of Juvenile and Family Court Judges, National Association of Drug Court Professionals, and the Department of Justice. She earned her law degree from the University of California, Hastings College of Law. Prior to joining the district at- torney's office, judge Chatman was the head women's basketball coach at San Jose State University for ten years and in 1999 was selected as women's basketball coach of the century. In October 2004 she was inducted into the San Jose State University Sports Hall of Fame. In 2001 she was selected as one of the ten most influential African Americans in the bay area. Attachment 2 Supplemental Funds for Drug Addicted Persons Fact Sheet Additional funds have been made available through legislation that provide for effective interventions for drug addicted persons who are on community supervision. Grant Application Process and Requirements o October 4, 2009 application deadline o Public Safety Coordinating Council review o Board of County Commissioners approval and submission o Unique data gathering and expenditure tracking requirements o Process for program evaluation and outcome measurement Eligible Population o Offenders convicted of a crime listed in ORS 137.717 o Are placed on community supervision o Are in need of alcohol and/or drug treatment o Have scored high or medium risk through the prescribe risk assessment tool o Approximately 150 offenders serviced annually Service Delivery Components o Intensive treatment services support o Specialized caseload assignment o Access to long term alcohol and drug treatment o Use of progressive sanctioning o Participation in a structured urinalysis surveillance program o Participation in Moral Reconation Therapy classes Program Resource and Capacity o One Parole and Probation Officer o One Parole and Probation Specialist o $80,000 annually for alcohol and drug treatment o Financing for Clean and Sober housing Performance Goals o Recidivism reduced. o Participants will reduce drug use. o Treatment programs used are evidence based. o Participants will show evidence of improved community functioning. Attachment 2 OREGON DEPARTMENT OF CORRECTIONS COMMUNITY CORRECTIONS 2575 CENTER ST. NE SALEM, OREGON 97301 503-945-9050 APPLICATION: Supplemental Funds for Drug Addicted Persons APPLICATIONS DUE: September 4, 2009 Or October 5, 2009 Oregon Department of Corrections Community Corrections Supplemental Funds for Drug Addicted Persons SECTION ONE General Information 1. INTRODUCTION Supplemental funds have been made available by the legislature for drug-addicted persons as part of the implementation of Measure 57. A statewide approach to intervention has been defined to meet the statutory requirement that the programs funded be guided by evidence-based practices and be designed to reduce crime and drug addiction. The approach includes a balance of treatment, supervision, and immediate sanctions. According to statute, the Department of Corrections shall make grants to counties to provide supplemental funding for: (a) the operation of jails; (b) treatment services for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in ORS 137.717, or for those who have been convicted of predicate crimes related to ORS 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Oregon Case Management System risk tool, or other validated risk tool approved by the Department; and (c) intensive supervision including incarceration for violating the conditions of that supervision for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in ORS 137.717, or for those who have been convicted of predicate crimes related to ORS 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Oregon Case Management System risk tool, or other validated risk tool approved by the Department. II. FUNDING The legislature has appropriated ten million dollars ($10,000,000) for the biennium 2009-2011. Supplemental funds will be made available to counties based on a formula that matches the county's percentage share of community corrections grant-in-aid funds (see Attachment A). Every county will be eligible for a minimum grant of $50,000. A county or a group of counties may submit an application for these funds, as described in 2 this publication. The Director of the Department of Corrections, after consulting with the Community Corrections Commission, shall review the applications and determine the funds to be allocated to each county. In the event that some of the funds are not allocated in this first round of funding, the balance of funds will be made available as enhancement funding through a competitive process based on scored program proposals in a process to be defined later. III. APPROVAL PROCESS The Community Corrections Commission shall review the applications and make recommendations to the Director or designee. The criteria upon which the advisory board shall base their review will include: (a) ability of the proposed approach to reduce crime and drug addiction; (b) extent to which the approach is guided by evidence-based practice and/or research; and (c) whether the approach is comprehensive, involving a mix of supervision, services, and sanctions; and (d) whether the approach is collaborative, engaging local criminal justice system agencies and local service providers working together. 3 Oregon Department of Corrections Community Corrections Supplemental Funds for Drug Addicted Persons SECTION TWO: Standards for Interventions This new investment in effective interventions for drug addicted persons on supervision will be guided by evidence-based practices which are best designed to reduce crime and drug addiction. The required approach includes a balance of treatment, supervision, and immediate sanctions. While each county or group of counties may design an intervention unique to their community, the approach should incorporate these principles: • Assessment which is standardized, objective, and comprehensive should be used to prioritize treatment, determine criminal risk factors, and to determine the proper level of care. Assessments of risk should be based on actuarial risk assessment tools. • Rules, requirements and expectations for participants, including consequences for success and for failure are made formal and clear by an authority figure. • An individual case plan should be developed for each offender. The case should include criminal risk factors in addition to addiction that will be addressed in treatment. • Treatment program design should address issues of motivation. Treatment options should be available for offenders consistent with their assessed stage of change. • Treatment should be based on cognitive and behavioral interventions and social learning approaches. Treatment programs should be of sufficient length and intensity to produce stable behavior changes based on replacing old patterns of thinking and behaving and learning and practicing new skills for avoiding drug use and criminal behavior. • Utilize a system of graduated sanctions and incentives which are swift and sure and which encourage recovery goals while holding offenders accountable for non-compliance behaviors. 4 • Weekly random drug testing should occur. There should be a consequence for this or any other rule violation, but that consequence should not automatically result in withdrawal from treatment. In fact, sanctions should be used to assure longer stays in treatment which are associated with good outcomes. • Co-ed treatment should be avoided if possible. Women generally experience better outcomes when treated in gender-specific and gender-responsive settings. • Programs should include relapse prevention planning and comprehensive transition planning so that participants are more likely to adjust to the next level of care or change in living situation. • Addictions treatment programs must be licensed by the state to provide addictions treatment Performance Goals: Interventions funded through this process will be evaluated. Goals for the evaluation are as follows: Treatment programs will be evidence-based: Programs will be reviewed for compliance with SB 267 using the Corrections Program Checklist. Recidivism will be reduced: Participants will recidivate at lower rates than similar untreated offenders. Recidivism will be measured, including reconviction and re- arrest. Participants will reduce drug use: Results of random urinalysis will be analyzed. Participants will show evidence of improved community functioning: Improved community functioning will be measured by successful completion of the program and through the existing community corrections performance measures (successful completion of supervision, employment, payment of restitution and/or community service work). Data Requirements: Offenders who participate in the program will be identified in CIS. The start and stop date of actual program participation as well as the reason for program closure will be entered in the Treatment Module in CIS. Program participants will be assessed for level of severity of addiction, using the Texas Christian University screening tool (available at no-cost). Program participants will be required to sign a consent to have data pulled from two existing state data basis: PRISM which provides information about employment, and CPMS which provides information about treatment. Oregon Department of Corrections Community Corrections Supplemental Funds for Drug Addicted Persons SECTION THREE: Application 1. APPLICATION SUBMISSION There will be two dates by which applications can be submitted. By September 4, 2009 or October 5, 2009 respondents must submit one (1) original and one complete copy of the application to: Mark Cadotte, Chief Community Corrections Department of Corrections 2575 Center St. NE Salem, OR 97301 Fax: 503-373-7810 Faxed copies will be accepted, but must be followed with the mailed originals. II. APPLICATION INSTRUCTIONS A. Th e Application Cover Page (Attachment B) must be included and attached as the first page of your application. B. Applicatio ns must be reviewed and approved by the local public safety coordinating council or councils and must include documentation of this approval. C. Applications must be clearly typewritten and single spaced on 8.5 " x 11" paper printed on only one side of the page. Do not use a type size less than 12 c.p.i. D. Applications must restate the questions and use the same numbering and lettering sequence as in the application format. All documents must be included and received by the deadline for the proposal to be considered. 6 Ill. APPLICATION CONTENT A. Description of Services Describe the intervention your county proposes to provide by answering the following questions. Be sure to integrate into your responses how the standards for intervention described in Section II will be addressed. 1. Describe your intervention approach. How will you use supervision, treatment, and immediate sanctions to reduce drug abuse and criminal behavior? 2. Describe the treatment program design, including expected duration and intensity. 3. Describe any collaborations in your approach, including local criminal justice system and local servicers providers. 4. How will risk assessment will be used, and what risk assessment tool will be used? 5. Describe how you will randomize drug testing. 6. What research or evidence is there that supports the approach? If the approach has been in operation for at least a year, what have been the outcomes of the approach? If the approach has been in operation for at least a year, how do participants rate on the community corrections performance measures (recidivism, successful completion of supervision, employment, benefit from treatment, payment of restitution and/or community service work)? B. Budget Show the budget for the intervention approach using the form in Attachment C. List personnel by job title and FTE. List all materials and services by type. List all contracted and professional services by type. Include state funds and any other funds will be used to operate the program. A county may apply for up to 100% of the funds identified in Attachment A. 7 ATTACHMENT A Supplemental Funds Available By County Round One County Share of Workload Supplemental Funds Available Baker 0.42% $50,000 Benton 1.01% $95,445 Clackamas 6.10% $576,450 Clatso 1.31% $123,795 Columbia 1.34% $126,630 Coos 1.80% $170,100 Crook 0.55% $51,975 Cur 0.46% $50,000 Deschutes 4.60% $434,700 Douglas 3.39% $320,355 Gilliam 0.08% $50,000 Grant 0.13% $50,000 Harney 0.27% $50,000 Hood 0.32% $50,000 Jackson 5.77% $545,265 Jefferson 0.64% $60,480 Josephine 2.64% $249,480 Klamath 2.50% $236,250 Lake 0.28% $50,000 Lane 9.57% $904,365 Lincoln 1.54% $145,530 Linn 4.39% $414,855 Malheur 1.26% $119,070 Marion 11.02% $1,041,390 Morrow 0.21% $50,000 Multnomah 22.01% $2,0799,450 Polk 1.41% $133,245 Sherman 0.06% $50,000 Tillamook 0.68% $64,260 Umatilla 2.54% $240,030 Union 0.68% $64,260 Wallowa 0.11% $50,000 Wasco 0.74% $69,930 Washington 8.08% $763,560 Wheeler 0.01% $50,000 Yamhill 2.15% $203,175 ATTACHMENT B APPLICATION COVER PAGE COUNTY NAME: DESCHUTES COUNTY CONTACT NAME: TANNER WARK CONTACT ADDRESS: 63360 BRITTA ST. BLDG #2, BEND OREGON, 97701 TELEPHONE NUMBER: 541-330-8260 E-MAIL ADDRESS: tannerw@deschutes.org Offender population to be served: The Drug Addicted Intensive Services Program will serve those offenders who have an identified drug addiction which is affecting their ability to function in the community, have been convicted of a crime that is listed in ORS 137.717, score "high" to "medium" on the LSCMI risk assessment and are in the "contemplative" to "action" stage of change. Number of offenders who will participate in the program: At any given time 75 individuals will be involved in the program and approximately 150 offenders will be served over a 12 month period. Description of Services Provided: 1. Describe your intervention approach. How will you use supervision, treatment, and immediate sanctions to reduce drug abuse and criminal behavior? The Intensive Services Program (ISP) is designed to provide enhanced supervision and support to the above mentioned target population. The program is comprised of two components. One is the specialized ISP caseload. The second is the ISP treatment support service. The ISP caseload component is a specialized caseload of offenders that meet program eligibility requirements and are determined to be high risk. A single parole and probation officer (PPO) will supervise these offenders. This PPO will be trained in motivational interviewing, cognitive restructuring and substance abuse. This PPO will be knowledgeable of community based treatment providers and social service agencies. The PPO will incorporate these skills into an intensive case management program. Regardless of whether the offender assigned to the ISP caseload is newly sentenced or transferred from an existing caseload the offender will have a case plan developed which will identify the offender's top three to four criminogenic needs of the offender and a treatment regimen will be designed. The ISP officer will strictly monitor compliance with treatment. Violations of supervision will result in a swift response using graduated sanctions that will include cognitive classes, community service, electronic monitoring, and short jail sanctions. The second component is ISP treatment support services. Offenders will be eligible to receive ISP treatment support services if they meet the aforementioned eligibility criteria and are assessed to be medium risk. These offenders will not be assigned to the ISP caseload but will be provided the same level of service support as the high risk offenders who comprise the ISP caseload. All ISP program participants will be required to complete an alcohol and drug treatment program. All will be referred to treatment programs that best meet the offender's responsivity to learning style and motivation. All are subject to sanctions. Sanctions will be applied in a manner that will address the type and seriousness of violation. Sanctions will include, but are not limited to; assignment of additional community service, placement on electronic monitoring, requirement to complete the agency's 12 to 16 week Moral Reconation Therapy program or jail incarceration. Participants sanctioned to a period of incarceration in the Deschutes County Adult Jail may be assigned by facility staff to participate in the cognitive training or drug and alcohol treatment programming provided within the facility. 2. Describe the treatment program design, including expected duration and intensity. Treatment providers selected to receive funds from this program shall have a current Corrections Program Checklist with a satisfactory score or better and/or be in the 10 process of increasing the program score. Treatment providers providing service for this program will not conduct co-ed groups for offenders in the program. Communication between the treatment provider and the ISP staff will be done on a bi-weekly basis. Treatment programs will use random UA's as means of checking compliance with the program; this may be in concert with the parole and probation's random UA program. Treatment programs will use a cognitive behavior approach. All program participants will be required to attend group as directed. Offenders will start an intensive treatment regimen requiring three groups a week. With substantial compliance, treatment groups shall be reduced in accordance with the treatment provider's program. Treatment program duration is a minimum of 90 days. 3. Describe any collaborations in your approach, including local criminal justice systems and local services providers. The ISP program will work in concert with program treatment providers to insure program goals are being met and offender criminogenic needs are being addressed. In the event a probation offender is revoked, the supervising officer will communicate with the District Attorney's office and the Court to ensure all parties are aware of the offender's performance and to provide recommendations. ISP staff will coordinate continuation of treatment with the Deschutes County Sheriffs' Office and the Deschutes County Health Department for program participants serving a period of incarceration in the jails and assigned to the jail Restart Program. 4. How will risk assessments be used, and what risk assessment tool will be used. All potential program participants will be assessed using the OCMS, LSCMI and the Texas Christian University's drug screening. Assessment findings will be used to assist in determining suitability for assignment to the program and to develop the participant's case plan, particularly as it relates to addressing the offender's criminogenic need and determining treatment plans. 5. Describe how you will randomize drug testing. The offenders will be assigned to the department's random urinalysis (UA) program. The random UA program is a tool used to assess the offender's compliance with treatment and supervision. Offenders are given a form, assigning them a number and providing instructions of how the program works. These offenders are required to call in daily to the UA hotline. If their number is the assigned number for the day, they are required to report before 5pm to submit to an UA. All program participants will be assigned to the department's UA program for the first 90 days of program participation. Continued participation is determined by the supervising officer. 6. What research or evidence is there that supports the approach? If the approach has been in operation for at least a year, what have been the outcomes of the approach? If the approach has been in operation for at least a year, how do participants rate on the community corrections performance measures (recidivism, successful completion of supervision, employment, benefit from treatment, payment of restitution and/or community service work)? A number of recognized evidenced based practices are used in this program. Program participant's risk needs will be assessed by use of a widely recognized actuarial based risk-needs assessment instrument. The intrinsic motivation of the participant will be reinforced by the PPO in part through the use of motivational interviewing techniques. Case plan and targeted interventions will be based on appropriate application of the Risk Principle, Need Principle, Responsivity Principle, Dosage of Structure, and Treatment. Cognitive programming is provided by department staff and other specific skills training is supported and will be provided as indicated by the case plan. The specialized caseload model as employed by the ISP caseload component of the program is a recognized best practice for offenders with mental health needs. This model has also shown promise with sex offender and domestic violence offender supervision and is a promising approach when applied to this program's population. There is no available research literature specifically applicable to this program and therefore no comparable outcome data exists. However, the major elements employed in the program are well researched and considered evidenced based. Performance data will be collected allowing for participant performance to be measured against the participant's prior performance, the general offender population and other offender subsets. Performance measures will include the five data elements collected by the Oregon the Department of Corrections (see table below) and: • Reduction in drug use, to be measured through treatment notes, urinalysis results, and exit interviews. • Reduction in crime, to be ascertained through criminal history checks over a multi-year period following completion of the program. Increased Restitution Collection Rate, to be determined by the amount and frequency of payments for the duration of the ISP program. • Program Participation, to be tracked by offender start and stop dates on the ISP caseload will be documented in the CIS treatment module. OPEGON DEPARTMENT OF CORRECTIONS Outcome Measures for DESCHUTES County HIGH and MEDIUM Caseload Only Closures February 11, 2009 to August 11,- Admissions 2005/2ND On August 11, 2009 2009 Half COMMUNITY POSITIVE CASE EMPLOYMENT .TREATME14 RESTITUTION SERVICE CLOSURES RECIDIVISM Post-Prison Probation Post-Prison Probation Location Hi-Med Hi-Med Hi-Med Hi-Med Hi-Med Hi-Med Hi-Med Hi-Med Statewide 41rt 34% 24~ 43% 67% 45% 40.50 39.1% DESCHUTES ca. 4 UV 'riJ'i Ei5* VO'n J~ t4'vK o 4D l?''i:.u` 12 Attachment C Intervention Budget Summary Program Expenses M-57 State Funds Other State Funds County/ Total Local Funds 1 FTE Parole and Probation Officer Wages 69,146 69,146 Taxes and Benefits 37,505 37,505 1 FTE Parole and Probation Specialist Wages 59,404 59,404 Taxes and Benefits 34,854 34,854 MATERIALS AND SERVICES 38,000 38,000 CONTRACT SERVICES AND PROFESSIONAL 195,700 195,700 SERVICES 13 Attachment 3 Note to File: Site Visit to Deschutes County Mental Health Court 2008 Justice and Mental Health Collaboration Program Date of site visit: June 1-2, 2009 Type of Grant: Implementation and Expansion Consultants: Eric Olson, LCPC and William Nunley, MD, MPH Agenda: • Meeting with Mental Health Court Judge (general overview and discussion of court process and expected norms) • Meeting with Deschutes County Mental Health Treatment Providers • Mental Health Court case staffing (District Attorney, two public defenders, mental health court liaison and consultation primary contact Amber Clegg) • Observation of Mental Health Court docket (representative sample inclusive of graduating participant and two entering participants) • Meeting at Deschutes County Jail (identified areas of potential increase in referral) • Mental Health Court quarterly meeting (judge, district attorney, MHC coordinator, public defenders, providers, mental health key administrators, and jail clinical and administrative staff) • Exit Interview defining final consult objectives and technical support Grant Objectives: 1. Expand MHC enrollment from 12 to 25 participants 2. Increase graduation rate from 80% to 85% 3. Increase mental health system capacity (provide crisis intervention training to public safety and community organizations; improve program functionality and coordination between partners; and enhance the ability to collect, monitor, and report program and participant data) C Attachment 3 4. Increase capacity through addition of 1.0 FTE for a Mental Health Specialist II provider and expansion of 0.25 FTE for the MHC Project Coordinator position (to establish a 0.5 FTE) Assessment: The project is being implemented consistent with goals and objectives in grant application: 1. Current enrollment at 19 participants; identification of August 15, 2009 for reaching grant program capacity of 25 participants 2. Previous and current high graduation rate (80%) is excellent; identified expansion to 85% as a secondary goal to increased participant Despite significant state and county court and mental health budget reductions, program and health system capacity goals have been met The addition ofa Mental Health Specialist has increased capacity to provide. mental health treatment and intensive case management services directly to MHC participants. The expansion in personnel has also significantly reduced dual-agency challenges of the MHC Project Coordinating when advocating for court interventions or recommendations that may challenge the therapeutic alliance. Observations: Current practices identified as strengths upon conclusion of the I" grant year: • Good adherence to essential elements of mental health court • MHC participants include diverse patient populations including: people with primarily Axis II conditions, transitional aged youth, developmental disabilities, and prominent substance abuse • MHC participants include a broad range of convictions including felonies • Interest in data collection and pragmatic adaptation of current database • Excellent attention to informed consent and information sharing processes with novel approach of completing forms inclusive of MHC upon entry into the county mental health systems • Established quarterly meetings for provide updates, resources, and reference of the common mission. • Excellent court staff including: 1. Judge with commitment to success and ability to actively engage defendants 2. Clear definition of judicial expectations for court norms and behaviors 3. Active and collegial participation of defense and prosecution throughout the MHC r,andidacy, selection, review, and graduation process 4. Responsive and creative mental health coordinator and providers actively involved throughout the MHC process and in continuing education through state and national MHC conferences and workshops Attachment 3 Excellent behavioral health service linkages with multiple evidence based practices available including: 1. Medication continuity (inclusive of communication with jail) 2. Streamlined application for income supports and entitlement 3. Providers with integrated MH and SA services 4. Supported Employment and Supportive Housing 5. Illness Management and Recovery approaches 6. Cognitive Behavioral Therapy and Dialectical Behavioral Therapy Access to supported housing options Trauma informed and trauma specific services Current practices identified as areas for advancement upon conclusion of the I" grant year: 1. Reaching target program size of 25-30 participants through expansion strategies to include higher criminogenic risk population or higher clinical need population (but not higher in both domains) and/or expansion to shorter, 6 month sentencing (current enrollment 12-18 months) 2. Provision MHC 1 page summary and 1 page summary of additional resources to jail to increase underutilized referral base. 3. Completion of useful policy and procedure manuals (Amber Clegg coordinating/writing) 4. Clarification of unusual dynamic of MHC coordinator advocating for sanctions, limit setting, and potential jail service. Recommend consideration of stages of change model for MHC and use of clinical language by MHC coordinator towards clarification of boundary setting and consistency as necessary early treatment conditions. 5. Given pivotal role, recommend prioritization for establishing tenable funding and system support for Mental Health Specialist II provider. 6. Current plan to create Continuing Legal Education (CLE) supported forums and/or workshops for MHC defense and prosecution. Tangible Technical Assistance following on-site consultation will include: • Diagram and reference for the Sequential Intercept Model • Provision of examples of consumer satisfaction surveys • References for diversion programs and 6 month sentencing • Reference for brief jail sanction as intervention to assist DA/judge assuming this role • References of content and procedure recommendations for MHC CLEs • Provision of screening tools and 2x2 diagram of clinical and criminal risk to assist jail assessment and MHC referral • Review of policy and procedures Attachment 3 . Conclusions: • Excellent planning and implementation of mental health court Essential personnel and resources devoted to MHC program and participant success without major identified barriers • Key stakeholders on target to fulfill Implementation and Expansion objectives Attachment 5 MENTAL HEALTH-CORRECTIONS INTERVENTIONS GUIDING PRINCIPLES • Best serving the mentally ill is a shared community responsibility. Each agency with whom the individual may come in contact with has a role. • Training and skills in working with this population are important across agencies -with identified key players • Clients are complex with varying needs - no one model will work for all • Must identify different levels of client need and have a system that can respond accordingly. E.g. Some can be diverted-to mental health services as primary with criminal justice in a supportive role as needed(i.e. low level crimes, out-pt treatment with probation coordination); Some can be diverted to mental health services working in conjunction with criminal justice (i.e. mental health court); Some will be served with criminal justice as primary role (i.e. incarcerated for high level crimes) with mental health services provided in jail/supportive role • Data is imperative. We need to better identify what to track and have systems in place to regularly monitor and report outcomes. EXAMPLES OF MODELS Crisis-Respite: • Facility-based services are licensed by the Mental Health division • 24 hour awake staff • Non-secure setting; Requires voluntary treatment • Short-term stays of 1-7 days • Return to out-patient mental health services after stabilization -so it is important that these services are available and sufficient • Clients typically need medical clearance prior to admission • May also include Dual Diagnosis Detox programs which have dual Addictions/Mental Health licensure Mobile Crisis Assessment Models CAHOOTS: A mobile mental health crisis intervention team integrated into the City of Eugene's Public Safety system. Free response is available for a broad range of non-criminal crises including intoxication, disorientation, substance abuse and mental illness problems, dispute resolution and street facilitation. The CAHOOTS van can be dispatched through the City's 911 department. Transport to treatment is also provided. The service is confidential and voluntary. It is staffed and managed by White Bird Clinic. Marion County Community Service Delivery System: • The hub of the system is a 24 hr. Psychiatric Center on the grounds of the Salem Hospital. From there a number of early intervention and post intervention programs are coordinated. • Marion County also has a Mobile Crisis Response team that works in the evenings and weekends, and also employs a single staff person that works 4 days a week and rides with an officer for mental health related calls. • In the jail there is a mental health center employed diversion worker to assess and refer inmates to the mental health system if appropriate. • The Detention Center has also rented 2 apartments in which inmates meeting criteria can be diverted from the jail to these apartments and provided intensive case management. Average length of stay is 2 to 3 months. • The Mental Health Center also rents 2 two-bedroom apartments for shorter lengths of stay for clients being diverted from hospitalization and provided intensive case management. • For clients needing short term I to 2 day respite, the Mental Health Center offers a foster home care for I to 2 day respite. • The Mental Health Center employs a `mental health emergency case management engagement team, composed of QMHA's that provide the intensive case management to many of the above residential options to engage services and medication management. The Mental Health Center also contracts with prescribers in the community to provide quick access to medications which are usually a one time only appointment. Marion County Mental Health services a multi-county region and experiences a number of transient contacts as they move along the I-5 corridor. Marion County is approximately 300,000 in population and provides approximately 5,800 annual evaluations including the hospital social work evaluations and the Psychiatric Emergency Center about 3,600 of these. Assertive Community Treatment • Intensive case management and treatment services for individuals with serious and persistent mental illness who have avoided or not responded well to traditional services. • Persons served by ACT often have co-existing problems such as homelessness, substance abuse problems, or involvement with the judicial system • Services are provided by a multidisciplinary team: case management; assessments; psychiatric services; employment and housing assistance; family support and education; substance abuse services; etc. • A small client to staff ratio helps the team provide intensive services. • ACT services are available 24 hours per day, 365 days per year. • Services are highly individualized and typically provided out of the office in community settings. Assertive outreach when needed. • ACT services are intended to be long-term due to the severe impairments often associated with serious and persistent mental illness. The process of recovery often takes many years. • ACT staff helps clients become less socially isolated and more integrated into the community by encouraging participation in community activities and membership in organizations of their choice. Community Based Mental Health Service Model Bexar (pronounced `bear') Texas Model Program: Bexar County Jail Diversion Program, The Center for Health Care Services, San Antonio, Texas 2006 APA Gold Award for Community Based Programs Estimated that 40 % of adults with mental illness will come into contact with law enforcement. (National Alliance on Mental Illness). 16 % of the jail population is incarcerated for offenses related to a mental illness, mental retardation, or substance abuse. Of these 60 to 75 % were jailed for non-violent offenses. 3 Phase system developed from the identification of 46 separate and distinct interventions in the arrest / detention process of the criminal justice system. Phase I Pre-booking diversions, and a crisis hot line used to route call assistance and or route to a (DMOT) deputy mobile outreach team - consisting of a mental health professional and a law enforcement officer. Crisis Intervention Team(s) CIT*, law enforcement officers specifically trained in working with persons with MI, also respond in the field and providing direction to appropriate resources in the community rather than Emergency Departments, Jail or Psychiatric Units. Mental Health court docket was reengineered. The Center for Health Care Services identified screening candidates before arriving at the docket and making recommendations as to appropriate placement and treatment needs. Phase H Identifying persons with mental illness who are in the criminal justice system. The entire jail population is screened daily with a state wide data base for inmates who have accessed mental health services in the past. Establishment of a step-down residential program, and an alcohol and drug treatment program as sentencing options. In civil court an involuntary outpatient commitment program was established within the civil probate court. Commitments for up to 90 could be renewed by a physician's recommendation. Of the initial 14 participants in this program had a 79% reduction in hospital bed days. (131 to 27 bed days). Phase III • Focus on preventing recidivism and arrests using Cognitive Adaptive Training (CAT) to consumers in the home. • CAT program employs individuals with mental illness to establish trust and credibility of consumers in addition to mental health professionals. • Special Needs Offenders Program was established to prevent recidivism by providing intensive case management, psychiatric and rehabilitation training for offenders on probation and parole. • Crisis Care Center: open 24/7 houses medical, psychiatric and social work resources. Up to 700 screenings take place per month and wait time for law enforcement is approximately 1 hr. vs. the much longer wait times in the ED or booking process. Central Oregon Regional Proposal: Combined Mental Health Respite and Dual Disorder Enhanced Detox Facility Need: Over half the people who access emergency psychiatric services, have co-occurring mental health and addiction disorders. An even greater percentage of the people who have multiple admissions in a year, have co-occurring mental health and addiction disorders. Many of the acute care clients who do not have an addictive disorder nonetheless end up in an acute mental health crisis after ingesting mood altering substances. For many of these people they would be more effectively treated in a more cost-efficient manner in a less restrictive level of care. At this point, many people in Central Oregon end up on a Psychiatric Hold and staying one or two days in the Psychiatric Emergency Services Unit at St. Charles who could be diverted if there were an alternative resource for them. Outcomes: • Diversion of Clients from Emergency Psychiatric Services • Diversion of Co-Occurring Clients from Jails • Greater client engagement in Outpatient Services Proposed Facility: 10 Bed Detox facility on the "Visions of Hope" campus in Redmond This facility would have five men's beds and five women's beds, with an expected length of stay between 5 and 14 days Clinical Goals: • Close collaboration with the appropriate community mental health program • Behavioral Stabilization • Safe and medically monitored detoxification • Safe and medically monitored environment for re-starting or re-adjusting psychiatric medication, if appropriate • Co-occurring assessment by a QMHP • Brief motivational enhancement interventions • Engagement in co-occurring outpatient services Mental Health Respite / Dual Disorder Enhanced Detox Costs 1. Bricks and Mortar: $400,000 • The building would be built on land currently owned by SCMC. • Using this site would allow for sharing staff with the Residential Treatment Program and lower administrative costs • Could seek funding for the building from multiple sources II. Annual Operating Budget: $706,330 Approximately $96,120 of this funding could come from current state and county funding for the existing 4 bed detox facility. Staffing FTE Position Annual Salary 1.0 Program Director/Clinical Supervisor 50,000 0.5 Office Assistant (shared with Residential) 14,000 2.0 QMHP 80,000 1.0 CADC II 32,500 6.0 Clinical Aides 150,000 0.3 Intake Worker (shared with Residential) 12,000 10.8 TOTAL 338,500 Rough Annual Budget Expense Amount Salary 338,500 Benefits & Other Payroll Expense (0.38 of Salary) 128,630 Operations 175,000 Administrative Overhead (10%) 64,200 TOTAL 706,330 Attachment 4 To: Members, Deschutes County Local Public Safety Coordinating Council From: Scott Johnson, Director, Deschutes County Health Services (DOHS) Copy: Andria Mitchell, Vicki Shaw, Terry Schroeder, Lori Hill Date: September 21, 2009 Subj: Suicide data for Deschutes County With the Council's continuing interest in the interface between behavioral health and justice concerns and processes in Deschutes County, I've been asked to provide our vital statistics data related to suicides in Deschutes County. Tracking and reporting vital statistics is one of our public health responsibilities as a County Department. Here is our County and State data: County Oregon 2009 14 Through 6.09 2008 32 549 2007 25,26 594 2006 27 573 2005 26,23 559 2004 24 555 2003 20 589 2002 24 517 2001 20 524 2000 13 502 1999 17 499 1998 20 569 Numbers in blue are reported from the Oregon Center for Health Statistics Additional considerations: a. The State Health Division considers all data from 2006 to present as "preliminary". b. The data is derived from death certificates, if a death is not reported in the certificate as a suicide, it would not be included in the official numbers. While this most likely understates the actual number of suicides, I have no reason to believe that the undercount is greater in any particular year so the general comparison between years seems reasonable. c. We do not collect data on suicide attempts but calls to our crisis line and the demands on our DCHS crisis team are increasing. d. Our DCHS contact on vital statistics is Andria Mitchell, Deputy Registrar, DCHS Vital Records, 2577 NE Courtney Dr., Bend, OR 97701, 541-322-7411. Thank you. Criminal Justice / LPSCC / 2009 / Memo Suicide Data 9.09 F Attachment 4 Pre-commitment investigations Attached is the data on the number of pre-commitment investigations that have been done by Deschutes County over the years. Data runs on a fiscal year from June 30-July 1. Essentially, anytime someone is placed on a hold at a local hospital (and a hold is placed by 2 physicians at the hospital), the MH dept must conduct a pre-commitment investigation to determine whether or not the person needs to go to court for a a civil commitment hearing. The vast majority of holds are dropped -typically somewhere between 10-20/year go to court for a possible civil commitment. Individuals who end up on a hold can arrive at the hospital in a variety of way, (i.e. law enforcement, medical transport, transfer from other counties, family/friends, etc) There could also be someone brought in via police officer custody who gets hospitalized voluntarily, or not at all, and so would not show up as part of these holds. So, these numbers do not cleanly coincide with police office custodies brought to the hospital, but we can probably infer a similar upward trend. Please let me know if you have other questions on this data. o From state AMH report - DCMH conducted pre-commitment § 2000-01:188 § 2001-02: 188 § 2002-03:174 § 2003-04:210 § 2004-05:189 § 2005-06:236 § 2006-07:306 § 2007-08:362 § 2008-09:407 Lori Lori Hill RN,CNS Adult Treatment Program Manager Deschutes County Health Services 541-322-7535 Criminal Justice / LPSCC / 2009 / Memo Suicide Data 9.09 CAD Statistics - Calls DCSO responded to where the codes "Attempted Suicide" and "Psychotic Behavior" were used: 2009 - 100 (Jan 1 - June 30) 2008 - 181 2007 - 136 2006 - 144 COPS Statistics - DCSO Suicide Cases 2009 - 5 (Jan 1 - June 30) 2008 - 11 2007 - 11 2006 - 12 COPS Statistics - DCSO POH Cases 2009 - 24 (Jan 1 - June 30) 2008 - 76 2007 - 49 2006 - 55 2009 POH cases is not a mistake. They are down from last year, but running consistent with 2007 and 2006. Attachment 6 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 6 (b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial seller's 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. (S)(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."] 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-B) 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 8. 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. (01 (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) Aa 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 owner's 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 def-fined 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)(4) 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 Attachment 7 Senate Bill 77 Criminal Justice Commission LPSCC visits Good afternoon all, This session the legislature, with the support of the AOC, passed SB 77 which requires that the Criminal Justice Commission create criteria (rules) by which a county's public safety services are evaluated to determine whether the county is in a state of public safety services emergency. The measure was passed with the timber county payment reductions in mind. The measure also establishes the steps the Commission and the state will take to: a) determine if the county is in a public safety emergency, and b) make recommendation to alleviate the emergency. This fall I will be available to meet with LPSCCs statewide to discuss the process the Commission will be using to meet the requirements of this bill, including the involvement of local officials. Please let me know as soon as possible if you would like me to schedule a trip to your LPSCC. Could you also use this e-mail to update me on any changes for your LPSCC re: Chairs and/or preferred contact people? Thanks, John M. (Mike) Stafford Public Safety Policy Coordinator Oregon Criminal Justice Commission 885 Summer Street Salem, OR 97301 Phone: 503-378-4845 Fax: 503-378-4861 4