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2010-2906-Minutes for Meeting August 02,2010 Recorded 10/29/2010NANCY UBLANKENSHIP OFFICIAL DS ,OOUNTY CLERK COMMIS .IONER$' JOURNAL 11M SIM 10/29/2010 11:04:20 AM 206-26®6 Do not remove this page from original document. Deschutes County Clerk Certificate Page DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL COOT Es c0~2 p ~ • -t MINUTES OF MEETING MONDAY, AUGUST 2, 2010 Allen Room, County Administration Building 1300 NW Wall St., Bend, OR Present were Judge Michael Sullivan; Dave Kanner, County Administrator; Ken Hales, Community Justice; Mike Dugan, District Attorney; Bev Clarno and Jack Blum, citizen members; Jacques DeKalb, defense attorney; Shelly Smith, KIDS Center; Donna McClung, Oregon Youth; Chief Sandi Baxter, Bend Police Department; Ernie Mazorol, Court Administrator; Scott Johnson, Health Services; Chief Ron Roberts, Redmond Police Department; Tanner Work, Parole & Probation; and citizens Donald Blum and Patrick Flaherty. No representatives of the media were in attendance. I Call to Order & Introductions Judge Sullivan called the meeting to order, at which time the attendees introduced themselves. II May LPSCC Meeting Minutes Chief Ron Roberts moved approval; Sheriff Larry Blanton seconded; and the minutes were unanimously approved. III Public Comment No comments were offered at this time. Minutes of LPSCC Meeting Monday, August 2, 2010 Page 1 of 6 Pages IV Report of the Reset Subcommittee on Public Safety Ken Hales presented information from the Department of Corrections. He indicated the full report can be found on the DOC website. He went over the seven recommendations and their potential impacts. He also noted that the idea is to incent counties to reduce recidivism, but the DOC report does identify specifically how that might happen. However, the bottom line is that either action is taken to make this happen, or a disproportionate share of State money will end up supporting prisons. He noted that there was no talk of privatizing the prison system. He got the impression that a lot of this is to make a case to the legislature for various changes. Mike Dugan said that DUII is one of the biggest problems. It takes four offenses to equal a felony. The legislature may try to reduce that to three, with mandatory sentencing. These individuals may end up as County prisoners. The voters want to see people put in jail, but they don't consider the true costs. Ernie Mazorol stated that the courts are very low on staffing and they are trying to figure out how to get through all the cases in a reasonable amount of time. They are trying to be efficient but the caseload is very challenging. Commissioner Baney noted that this problem trickles down. Those that are causing problems don't feel there will be ramifications for their behavior. Communities should not sit back and wait; there should be something that can be done to identify ways to make a difference and not wait for the State to fix the problem. She asked if the problem is pretrial backup or staffing levels. She is looking for something that can involve the efforts of everyone. Jack Blum said that the citizens and the State need to do their share. There is no way the locals can take on the system, as the money is not there. Mr. Hales added that it is the public safety system, not just one part of it. Mr. Dugan agreed that the bottleneck is not just in one spot. Mr. Hales said that it is not just finances. They have to make value judgments with certain offenders. This can't be left up to staff when they have 100 cases. Minutes of LPSCC Meeting Monday, August 2, 2010 Page 2 of 6 Pages Dave Kanner suggested that a subgroup of LPSCC might be able to do some brainstorming and come up with some kind of flowchart for the next meeting. One strategy that benefits all is prevention, to keep people out of the system, and this must start early. This would be an ad hoc committee that would just make recommendations and no decisions. Mr. Dugan stated that this needs to start with the hard data, from whoever has the best and most complete information. The scope needs to be narrowed and expanded a little at a time. The big picture is too overwhelming. Donna McClung noted that the Oregon Youth Authority has been cut already, and there might be more. The public needs to understand the ramifications. Mr. Dugan suggested that Patrick Flaherty (District Attorney as of January 2011) take part, as he will have to live with any decisions that are made in this regard. There was consensus that he be involved. The suggested members of the subcommittee were Ernie Mazorol, Ken Hales, Jacques DeKalb, and Patrick Flaherty, with possibly Sheriff Blanton or Ruth Jenkin. Sandi Baxter and Ron Roberts indicated they might become involved after the initial fact-finding efforts. Mr. Hales said that he would start wit the numbers from the jail, which are probably the most accurate and complete for this process. Commissioner Baney stated she would like to keep Mr. Kanner involved. Bev Clarno noted that they have to identify priorities and start somewhere. Jack Blum suggested that they be careful of any unintended consequences. V LPSCC Annual Conference Ken Hales advised of the event and asked anyone who is interested in attending to let him know. The conference is on September 10, one day only, in Newport. VII State Budget Reductions Judge Sullivan asked that the members get back to him with their comments on the impact of State budget reductions. Minutes of LPSCC Meeting Monday, August 2, 2010 Page 3 of 6 Pages X Other Business In regard to jail issues, Sheriff Blanton noted that they tried to get the voters to support an expanded jail, which did not pass. They will try to do the best they can with what they have. They are trying to identify funding for jail bed rentals. They have a pending contract with Norfolk-Hood River/The Dalles for a fall-back plan, and have an agreement with Jefferson County. He said that the biggest problem is becoming more apparent; that is the pre-trail population. On a typical day, there will be 195 people in jail, with 138 of them pre-trial and the rest felons or sentenced. The question always is, are there some in jail that should not be. They aggressively try to find other ways to deal with these people. Based on a four-year study, of the people in jail, perhaps 4% of them could be handled a different way. It is not as simple as just renting jail beds. The sentenced inmates make the jail run. They provide meals for $1.40 a day, and as a part of that contract the department has to provide employees, which are sentenced inmates who also take care of cleaning and laundry. Others are going to classes or training. If another way is not found, they may end up having to matrix before renting jail beds. They could put some pre-trial in rented beds, but this is logistically very difficult. This is not just a problem in Deschutes County; AOC has found that all Oregon counties and other areas of the country all have a problem with pre-trial. He said it would be easier if they were already sentenced. There is less flexibility with pre-trail. They will have to decide how to use electronic monitoring, and who to matrix. It is just not a matter of renting jail beds when the jail is full; there needs to be a certain number of sentenced inmates, typically around 40, to make things function. They provide meals for the work center, juvenile and adult jails, and do all the laundry and cleaning. It would cost a fortune to hire that work done. The statistics are available as to which ones are in jail due to probation violations or whatever crime. Minutes of LPSCC Meeting Monday, August 2, 2010 Page 4 of 6 Pages Mr. Hales added that alternative sanctions are being used, such as treatment, length of stay, and electronic monitoring if the offenders are able to pay for it. Sheriff Blanton said that the policy has been adjusted regarding who goes to the Work Center. There are certain people you do not want back on the streets. But a first offense, even on a felony, may not even mean jail time. There are a lot of citations in lieu of taking into custody, so there are offenders on the streets that really should not be. Ernie Mazorol said that part of the problem is the courts. They are down on staffing due to funding issues. Civil cases are up 42% and domestic issues are up 18%. Violations are up 11%. Criminal cases are down but are more complex, and the civil cases cause the rest to back up. Judge Sullivan stated that another factor is that it also takes a lot of time to get a mental health evaluation. If there is a sex offense, there has to be authorizations and other things in place that take time before an evaluation can happen. Often there is a case that has several counts, making it more complicated. The public defenders are understaffed and they have to be prepared. The Randy Guzik case backed up the courts for six weeks. There is a sex offense case later this year that will take at least eight weeks, along with a murder case that will take at least that long. The sentences are down from 180 days to 60 even for felonies. When there is not enough time to address a case, it can end up back in the courts. The public defenders cannot keep up. And some cases need more than one officer to respond. Chief Roberts added that sometimes they have to dedicate a lot of resources to one offender and it does not make sense. Judge Sullivan said that paying for electronic monitoring is not always the answer, either Shelly Smith said that in February they will address the problem of juveniles acting out sexually. They are already working on several cases, offering services. They have also trained the 5,000'h person on the `darkness to light' program. Due to the Labor Day holiday, the next meeting will be on September 13. Minutes of LPSCC Meeting Monday, August 2, 2010 Page 5 of 6 Pages Being no further discussion or items presented, the meeting adjourned at S: 00 p.m. Respectfully submitted, Bonnie Baker Recording Secretary Attachments Exhibit A: Agenda Exhibit B: Sign in sheet Exhibit C: Information on Governor's Reset Cabinet Exhibit D: Flyer on September 10 LPSCC Conference Minutes of LPSCC Meeting Monday, August 2, 2010 Page 6 of 6 Pages DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL ~~~J?ES C~`-i 2 G { August 2, 2010 - 3:30 p.m. Allen Room, County Administration Building 1300 NW Wall St., Bend, OR Agenda I Call to Order & Introductions Judge Sullivan II May Minutes Attachment 1 Judge Sullivan Action: Approve February minutes III Public Comment Judge Sullivan IV Report of the Reset Subcommittee on Public Safety Attachment 2 Judge Sullivan Discuss possible impact of recommendations V LPSCC Annual Conference Attachment 3 Ken Hales Advise council members of scheduled event VII State Budget Reductions Judge Sullivan Solicit comments on impact of budget reductions VIII Other Business Judge Sullivan z z W N 4 W J CL 0 i i i i i i I I N N UO C ~ ^ ~ i 0 j ~ Q 1 Ca- ~o c ~ i i I J a a~ ~o v z ,o 9 J Q dJ fs~ --7 4 W O s (-Yl I C 0 m L L co N a Budget Breakdown - 2009/2011 • 93% of the State's General Fund Budget 5474 3% is Spent on the "Core" functions of State Government. Core Functions of State Government • Keeping us safe in our homes and communities • Protecting children, disabled and frail elderly • Helping families in crisis get back on their feet • Preventing the cause and spread of disease • Ensuring that families, children, seniors have medical care • Educating children through high school • Providing an affordable education beyond high school. Public Safety Budget Breakdown DOC's budget represents 67.2% of the State's investment in Public Safety. oepc,vsx DOC's budget has increased 506% mm;0'3x. since 1989. 1 Decade of Deficits - • Current services are unsustainable • State relied on one-time sources of revenue to address the shortfall in 09-11: - Federal Stimulus dollars: $941.2 million - State Reserves (Rainy Day/Stability) $435 million - Provider Tax Revenues $116 million - Other Fund Sweeps $144.8 million - TOTAL : $1.637 Billion Components of 2011-13 expenditure increase beyond replacement of one-time dollars (millions of dollars) TOW incnw 20F11 to 2011.13 2,2U Payroll ood inereaees Resbra0on of heiaghs end 2011- 13 dap inaeNp 150 AAein7eiE oumrd dab employee health bane04 in 2071-13 104 Po[eMid coat of IiYrg adjuehnerd for dds empbyees in 2011.13 114 PfJ13 (both date and xhool dietrici Dods) 388 InOdonary ood'ncrsesas 533 Fundig far pmjscb darted midway tllmugh 2000.11 247 Higher nunber of fhegonWa quWdying for safety not norms 487 IrkEesee in tlebt terviw 247 Its Not "just" a Revenue Problem • As economy recovers Oregon's revenue will ' grow (estimated at $1.8 billion in 11-13). • But expenses will grow by 14°k -while the revenue increase is only 2%. • This means we have a spending, structure and priority problem. Long Term Budget Outlook ~uAOB EeA~ EeA~ NAB ~oMo 2 Reset Recommendations • There were 4 specific subcommittees - K-12 Education - Higher Education - Human Services - Public Safety • The full cabinet also made specific recommendations re: Statewide issues Public Safety Options • Return to a "modem" sentencing guidelines model that stabilizes the use of prison beds. • Use the Federal "eamed-time" model -15% plus use of electronic monitoring and halfway house in final year of sentence. • Selective adjustments to M11 sentences • Continue M57 Suspension Statewide Initiatives • Labor Costs (tie to private sector, modify PERS and adjust the pick-up, insurance cost- sharing, tie school districts to the limits, adjust retiree benefits) • Organization and Efficiency (lean initiatives) • Revenue Stability (reform kicker) • State and Local Partnerships (reevaluate the relationships focusing on cost of business) Public Safety Options - continued • Create "Enhanced Home Detention" model - with release, enhanced supervision and electronic monitoring by supervisory authority. • Incentive Performance Model - Fund decreases in recidivism by county. - Adjust local control to 24 months - with supervisory authority that would allow counties to manage the population and the resources. - Provide incentives for counties that adopt state-approved charging guidelines. 3 r Financial Impacts • Suspension of M57 ($121-260 million) • Limited M11 modifications ($59 -127 million) • Federal Earned Time model ($39 - 319 million) - Between 11-13 and 19-21 biennium - Range reflects temp bed and full costs rate difference Do Nothing Options • No changes to current trajectory - we add almost 2,000 beds over the decade • Operational costs: $407 million (over ten years) • One-time start up cost: $24 million • Debt Service: $148 million (over ten years) ~ sw~~ sr.s& Do Nothing Options • If no action was taken - but public safety was required to take its share of the reduction (14% in 2011-13) AND prison population not impacted: - Almost $50 million reduced in community corrections - Almost $60 million reduced in state police - Almost $70 million reduced in OYA Don't Like Those Options? • Then what do you suggest? • Three Dials in Corrections Cost: i. How big do want the net to be? 2. How long do you want them to stay? 3. How much do you pay the people who are supervising and providing services? Everything else is "loose change" in trying to address a $300 million hole. 4 Beginning the Discussion - but the clock is ticking a We must have a plan - and soon - since it takes so much time to flatten the trajectory. a Most "immediate release" approaches fail both operationally and politically. a Talking seriously about sentencing reform takes political courage. a Do we really believe that we've got it right? - Using all the best evidence? - Got the right length, the right offender, the right risk? Governor's Reset Cabinet Report htto://govemor.oreaon.oov/Gov/doWrc fullreport.odf 5 ATTACHMENT 2 Held on the campus of 400 SE College Way, Newport, OR 97366 Hotel reservations can be made at: The Elizabeth Street Inn (232 SW Elizabeth Street, Newport). 50 rooms held for the conference and when attendees make their registration they inform them that it is for the Conference. This is a link to their website: http://www.elizabethstreetinn.com/. Register online or call 877-265-9400. September 10, 2010 Conference will begin on Friday at 8: 30am Registration will begin at 7: 30am Tentative Agenda Morning Plenary session: • :Legislative Update • Oregon Crime Trends • SB 77 Rules update Afternoon Breakouts -TBA Agenda items may be added or deleted S E T DATE". Plan NOW i send a team'