2010-85-Minutes for Meeting December 07,2009 Recorded 2/16/2010NANCYUBLANKCOUNTY OFFICIAL
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DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
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MONDAY, DECEMBER 7, 2009
Allen Room, County Administration Building
1300 NW Wall, Bend, OR 97701
MINUTES OF MEETING
Present were Judge Michael Sullivan; Commissioners Tammy Baney and Alan
Unger; Dave Kanner, County Administrator; Ken Hales, Corrections; Mike
Dugan, District Attorney; Ernie Mazorol, Court Administrator; Scott Johnson,
Health Services; Chief Ron Roberts, Redmond Police Department; Judy Stiegler,
Oregon State Representative; Jim Porter, Bend Police Department; Ed Boero, City
of Redmond; Jack Blum, citizen member; Eileen Stein, City of Sisters; and Donna
McClung, Oregon Youth Authority; and visitor Ruth Zygutis Gates, Cascade Peer
& Self Help Center. No representatives of the media or other citizens were
present.
1. Call to Order & Introductions
Judge Sullivan called the meeting to order at 3:35 p.m., at which time the
attendees introduced themselves.
2. November Minutes
Jack Blum moved approval; Chief Ron Roberts seconded; and the minuets
were unanimously approved.
3. Public Comment
Ruth Gates asked if she could comment on a dog/vehicle incident last week,
and a previous case of animal abuse of horses. She thought this was a felony
charge, but it was changed to a misdemeanor. She felt that to make that
change without public input is not right.
Minutes of LPSCC Meeting Monday, December 7, 2009
Page 1 of 5 Pages
She added that dogs will be next, then cats and other animals. She realizes
that people get upset when dogs are left unattended in cars, but asked if there
is a measure of the reasons to call 911 or animal control.
Mike Dugan said that there are no specific measurements to guide citizens, as
they can always call 911 when they see something they believe is bad. It may
not always be a crime, and sometimes an incident is not as serious as it is
believed to be on its face. However, it still has to be investigated fully. There
are felony charges attached to aggravated animal abuse only. Citizens are
always encouraged to report what they think is not right. There are laws
concerning minimal care of animals, but no laws on limitations in that regard
if someone wants to contact 911.
Officer Jim Porter said that five of their officers recently attended a week-long
class on animal issues. Judge Sullivan added that law enforcement takes
animal abuse seriously.
4. 2010 Special Session
Representative Judy Stiegler provided an update on current legislation and
budgeting. She does not want to see law enforcement and the courts impaired
further by legislation. She is working with the Attorney General regarding a
case relating to DUII. An expedited process before the Supreme Court is
underway and there should be a decision early in the year, which should result
in changes in the DUII laws.
She has become aware that there are issues regarding 3508 (delaying
implementation about Measure 57 and measuring "good time" served), and
based upon conversations with representatives of the House Judiciary
Committee, some adjustments may be made. The next interim committee
members are in mid-January and this will be discussed, just prior to the date
of the vote. Judge Sullivan provided some details of the process, adding that
it has been a big task for the District Attorney and Judicial Committee as well.
Representative Stiegler stated that part of the process is to determine the intent
and extent of the law. Mike Dugan said that the District Attorney does not
object to all of them, but does not sign off on them without looking at all the
factors. The idea behind this law was to allow funding for 24/7 Oregon State
Police, officers to supervise juvenile offenders, the Oregon Youth Authority,
and more, which is why he continues to support it even though there have
been adjustments.
Minutes of LPSCC Meeting Monday, December 7, 2009
Page 2 of 5 Pages
Ken Hales said that `good time' has been discussed a lot by the Parole &
Probation Department Officers, and a lot of the details are technical in nature.
Mike Dugan stated that everyone is entitled to 20% `good time'. This adds
another 10%. Many have projected release dates years from now. It will not
save any money this biennium. It will eventually save about $77 per day per
bed, but this won't happen right away.
Judge Sullivan said that when sentences are shortened, occasionally some
persons will commit property offenses. If there is a theft along with a person
to person crime, `good time' does not come off the personal crime portion.
The Judge has to make the best call based on limited information. It is also
budget-driven.
Mr. Dugan said that 98% of people sent to jail get released at some point.
Representative Stiegler stated that she doesn't see a big push to change this a
lot.
She said that there is a huge shortfall already in place regardless of proposed
Measures 66 and 67. The legislature will be focusing on how to get through
the biennium with reduced funding and resources. Agencies have been asked
to figure out another 5% to 10% reduction. When the Governor requests this,
it has to be across the board. Only minor adjustments can be made.
Judge Sullivan stated that it takes a while to lay off people, and there are
bumping rights to consider, etc. They will be halfway through the biennium
before they can lay off people. There are set, ongoing costs that cannot be
reduced.
Representative Stiegler indicated that the process is awkward, and the timeline
is not yet refined.
Representative Stiegler explained that the law was foisted on them because of
budget limitations. Essentially, the first two months of the session was spent
on balancing the budget, and there is still a lot to be addressed.
Judge Sullivan added that there would be a substantial impact on law
enforcement and the courts.
When asked if things will be cut further, Representative Stiegler said there are
no sacred cows. She has hopes for the next session, but is not optimistic about
where it will go. Judge Sullivan noted that the process has been working and
enforcement is good. Further cuts would be debilitating.
Minutes of LPSCC Meeting Monday, December 7, 2009
Page 3 of 5 Pages
Discussion occurred regarding the number of domestic violence cases, and
everyone felt that the domestic violence issue should receive serious
consideration.
Judge Sullivan stated that domestic violence is a big concern, and there is talk
about enhanced restraining orders. But if the courts are closed, these cases
cannot be handled. Representative Stiegler will advocate enhancement if it
makes sense.
5. DUII Court
Mr. Dugan said there were 1,385 DUI cases in 2008, and 2009 will be just as
bad. Because of a search warrant/breathalyzer case that Redmond Police
Department helped get through the courts, agencies are able to get more
search warrants than ever before.
Ernie Mazorol said the DUII Court would be for high offenders, with three or
four incidents. It would require intense supervision. Over time, the DUII
Court Planning Team members determined that because the Courts lost six
positions due to budget costs, at a 5% or a $360,000 loss, they have to set
aside any new programs. Clerical workloads are larger than ever and risk is
going up significantly. It is getting harder to schedule regular court cases.
The State furloughs have had a big impact as well. The Courts are down
about 20% in staffing, and it would be impossible to absorb any more.
Mr. Mazorol handed out the memo from Judge Stephen Forte, indicating that
the DUII Court is on hold, along with any similar proposed programs.
Judge Sullivan stated that treatment courts can be very successful, but all of
them are in serious jeopardy. They definitely cannot add any others at this
time.
Representative Stiegler said that the priority has been just to keep the courts
operating. She added that not everything receives equal attention, and that her
passions are not necessarily shared by others.
6. Other Business
Commissioner Unger pointed out that current State budget information is
available at Oregonbudget.gov.
Minutes of LPSCC Meeting Monday, December 7, 2009
Page 4 of 5 Pages
Ms. Gates asked about intake for those who are not going to go to Sageview
for mental health treatment. This relates to an intake facility proposed for
Deschutes County. Commissioner Baney said that the facility will help treat
the mentally ill, and that Ms. Gates could speak to Scott Johnson about the
details.
Being no further discussion, the meeting adjourned at 4:50 p.m.
Respectfully submitted,
Bonnie Baker
Recording Secretary
Attachments
Exhibit A: Agenda
Exhibit B: Sign in sheet
Exhibit C: Memo from Judge Forte regarding DUII Court
Minutes of LPSCC Meeting Monday, December 7, 2009
Page 5 of 5 Pages
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
December 7, 2009, 3:30 p.m.
Allen Room, County Administration Building, 1300 NW Wall, Bend, OR 97701
Agenda
I Call to Order & Introductions
Judge Sullivan
II November Minutes
Judge Sullivan
Action: Approve minutes
III Public Comment
Judge Sullivan
IV 2010 Special Session
Chair Sullivan
Facilitates comments and questions for legislators
V DUII Court
Ernie Mazorol
Brief Council on status DUII Court discussions
Attachment 1
VI Other Business
Judge Sullivan
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To:
- ` Fw: DUII Court Planning
Dear DUII Court Planning Team Members-
After many discussions, reviewing the necessity of staff commitment and the financial situation of the
Oregon Judicial Department in the coming months, the Court has determined that we cannot proceed with
the implementation of any new programs or specialty courts now or in the immediate future. While we all
believe that the DUII Court would be of great benefit, the uncertainty of the economy and the continuing
significant impact the economy is having on the Oregon Judicial Department prevents me from being able
to commit the necessary time to the DUII court.
The time, effort and dedication that each of you has put into the planning of the DUII Court is greatly
appreciated. While we are not implementing the program at this time, the hope is to continue the planning
process next summer in anticipation of being able to move forward next fall/winter. Although we are not
able to proceed right now, we will anticipate that you will remain involved and be the contact person in the
planning of the DUII Court in the future.
Based upon the above, we are cancelling the November 20, 2009 planning meeting. Hopefully, late
summer, 2010, we can respectfully request your presence at the continuation of the planning and
implementation process for the DUII court. Please feel free to contact me with any questions or comments
in the meantime.
Sincerely,
Stephen P. Forte