2012-89-Minutes for Meeting December 05,2011 Recorded 3/5/2012DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
J-CES COGZ~
0 {
MINUTES OF MEETING
MONDAY, DECEMBER 5, 2011
Allen Room, County Administration Building, 1300 NW Wall, Bend, OR
Present were Judge Michael Sullivan; Commissioners Tammy Baney and Alan
Unger; Ken Hales, Community Corrections; Dave Cook, citizen member; Ernie
Mazorol, Court Administrator; Rob Poirier, 911 County Service District; Chief
Jeff Sale, City of Bend, Chief Dave Tarbet, City of Redmond; Beth Bagley, District
Attorney's Office; Ed Boero, City of Redmond; Carl Rhodes, Oregon State Police;
Donna McClung, Oregon Youth Authority; Shelly Smith, KIDS Center; Denny
Kelley, Black Butte Ranch Police; and Scott Ramsay of the City of Bend.
Judge Sullivan opened the meeting at 3:35 p.m.
1. Call to Order & Introductions
Judge Sullivan opened the meeting, at which time the attendees introduced
themselves.
2. November Minutes
The minutes were moved for approval and seconded, and unanimously
approved.
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK lid r7
3. Public Comments. COMMISSIONERS' JOURNAL 03/05/2012 08:20:45 AM
None were offered. III I I III (IIII II II I I II I III III
2012-88
Minutes of PSCC Meeting Monday, December 5, 2011
Page 1 of 5 Pages
4. Information Led Policing
Chief Sale briefed the group on a different model of deploying resources. All
entities are in the process of talking through some options for interagency
initiatives, including police agencies, the Sheriff and the District Attorney.
Information led policing is an analytical look at all that is occurring in the area
that can be put in a format to guide how resources are used by all agencies
involved or affected.
They are reviewing the concept of this type of policing, and trying to figure out
how this model could be implemented in this area. They have to respond to a
lot of calls for service regardless of the nature of the calls. He hopes to put
more structure to that and analyze the impacts on patrol, housing, and other
aspects to find patterns and ways to be more effective, rather than responding to
a call and stumbling upon other issues during the course of the call.
They are looking at an analyst position to be filled by someone who can
determine how this comes together, with input from the agencies, and come up
with an appropriate proposal.
Judge Sullivan asked if they are prioritizing calls. Chief Sale replied that they
are looking at all crimes and where they occur, what the trends are, what might
be happening that will change this, and best how to deploy. They are looking at
how to investigate, especially organizations instead of individuals.
Dave Cook asked if there is flexibility in the union agreements for this. Chief
Sale said there was; they are able to assign appropriate types of work. Some
shifts and rotations might be affected, but they will work through those.
Commissioner Baney asked how this assists agencies within the tri-county area.
Chief Sale stated that he hopes it will be a combined effort from the beginning.
It would provide support to all law enforcement in the area. He has asked for a
rough proposal of the overall costs so it can go into the next budget process.
The question is how to share the costs. This is in an infant stage right now.
Ken Hales asked if information from the analysis would be used to be to
identify objectives over the long-term or short-term. Chief Sale responded that
it would be used mostly in the short-term, day-to-day work, but they would look
at trends and what might be happening in the future.
Minutes of PSCC Meeting Monday, December 5, 2011
Page 2 of 5 Pages
Commissioner Unger stated that this sounds like the CODE team. Chief Sale
said that that group identifies top-tiered narcotics information and is not
necessarily concerned at the street level. CODE is not an analytical unit. They
should be looking at narcotics trends. This would apply to all kinds of crimes.
Most are done by small groups of people doing the same things over and over,
sometimes organized but often not.
Ernie Mazorol asked if Bend Police Department has been losing staff the past
few years. Chief Sale stated that they are down five commissioned positions,
with cuts at the management level and through attrition. He hopes that best
case they will stay even in five years. They might fill a spot once in a while,
but project this will remain flat. They used to have 96 but are down to 85.
Mr. Mazorol asked if there are a lot of calls that they should not go out on.
Chief Sale replied they deal with how to respond to the public and on-line
reports of a theft, with no apparent thief. The overall goal is to free up officer
time.
Mr. Mazorol asked if they would have an integrated system other than LEDS
and 911. Chief Sale said this is not integrated as they have a hard time getting
statistical information. Rob Poirier stated that the plan was to integrate but it
will be more like a data dump.
Beth Bagley added that the District Attorney's Office is getting a new system in
the spring, and they are not sure how integrated it would be.
Judge Sullivan added that it can tell you how many misdemeanors and felonies
there are in a month, but it can't tell you the severity of the crimes.
5. Early Disposition Program
Ms. Bagley presented a document to the group and discussed work being done
between the D.A.'s Office, the trial court and defense representatives. Judge
Sullivan noted that this is a way to resolve low-level offenses. Typically these
individuals do not get jail time, but sometimes community service and/or
restitution. This is significant because the police won't have to bring in
witnesses or sit in court waiting for the case to be addressed. It is a way to use
taxpayer funds more efficiently.
Minutes of PSCC Meeting Monday, December 5, 2011
Page 3 of 5 Pages
Judge Sullivan said he would like to take this to the judges if PSCC approves.
It will add efficiencies and help to avoid overtime costs for trials.
Ms. Bagley stated there were some problems with fast-tracking offers in the
traditional system. Some indigent defense guidelines were taken out of the
document but they tried to accommodate some of those needs. A traditional
defense costs hundreds of dollars just for the attorney, and more for the courts.
Mr. Cook asked if person-to-person misdemeanors would be precluded. Ms.
Bagley replied this would be for non-person actions. Statute references the
OAR's. It is not specifically authorized but it may be possible for someone to
come up with a formal plan to resolve low-level personal crimes.
Judge Sullivan noted that domestic violence cases typically take two days. Not
everyone is familiar with the specialty courts, such as the one for mental health
cases or family court. They are trying to maintain five courts, but cutbacks are
having a significant impact.
HALES: Move the Council approve the plan, subject to any necessary
modifications.
BANEY: Second.
The vote was unanimous in favor.
6. Other Business
Commissioner Baney asked about the matricular card (Mexican ID from the
Consulate). She gets questions about this issue all the time, regarding stops or
arrests for not having a valid ID.
Chief Sale said it is not that secure, so the U.S. Government does not easily
accept it. It is easily counterfeited.
Judge Sullivan stated that law enforcement does not arrest people because they
are illegal; they are stopped for something else.
Minutes of PSCC Meeting Monday, December 5, 2011
Page 4 of 5 Pages
Chief Tarbet said that Redmond officers made 1,300 arrests. Three of these are
pending and two had been handled; and all were felonies. The federal agents do
this and expect some at a local level. It is up to the feds whether a deportation
happens, but it involves the local jurisdiction.
Chief Sale stated that if they can't get a valid ID, they are arrested because they
don't have one. The feds then deport them. The matricular card is issued by
the Consulate, and they need to determine if it is fake.
Judge Sullivan said that Judge Alta Brady is the new Presiding Judge as of
January 1. He presumes he will stay on with PSCC if Judge Brady wants him
to, but he has done this for eight years already.
Judge Sullivan indicated there will be no meeting in January due to the holiday.
The next meeting will take place on Monday, February 6.
There being no other issues discussed, the meeting adjourned at 4:25 p.m.
Respectfully submitted,
Bonnie Baker
Recording Secretary
Attachments
Exhibit A: Agenda
Exhibit B: Sign-in Sheet
Exhibit C: Early Disposition Program Information
Minutes of PSCC Meeting Monday, December 5, 2011
Page 5 of 5 Pages
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
ACES ~
G ~ 1
~~dA n'~1 Vii{
Monday, December 5, 2011 - 3:30 p.m.
Barnes Room, County Administration Building, 1300 NW Wall, Bend, OR
Agenda
I Call to Order & Introductions
Judge Sullivan
II November Minutes Attachment 1
Judge Sullivan
Action: Approve November minutes
III Public Comment
Judge Sullivan
IV Information Led Policing
Chief Sale
Brief council on interagency initiative
V Early Disposition Program Attachment 2
District Attorney Flaherty
Action: Approve Program Plan
VI Other Business
Judge Sullivan
z
z
V
LU
f4
W
a
r--
r-
O
N
w
L
r
E
~
v
f
T
111
)
f
to
Q
Q)
iz
,c
E
I~jl
0
v
L
d
N
l0
d
11/2/11
Early Disposition Program ("EDP") draft guidelines:
Purpose: To hold offenders accountable for their crimes, ensure prompt
resolution of criminal matters, protect the rights of the public and offender, and
maximize the use of community resources to provide alternative sanctions to
criminal behavior in an effort to reduce costs to the criminal justice system. ORS
135.942
Scope: First-time, nonviolent offenders and violators of probation, in addition to
other eligible entrants as described below, may be considered for the EDP.
Nonviolent offenses include non-person Class C felonies as defined by the Oregon
Criminal Justice Commission and Class A, B and C non-person misdemeanors.
Eligible entrants:
• Defendants with no prior criminal history, or limited prior criminal history.
• The DA has discretion to recommend defendants with limited criminal
history into EDP, if the circumstances of the case indicate it would be in the
best interest of justice or for the community.
• Defendants may only participate in the Deschutes County EDP one time.
Defendants who have previously participated in the Deschutes County EDP
are not eligible to enter the program.
• Defendants will not receive an EDP offer on a pending case if the case
wasn't initially filed as an EDP.
• Defendants with any pending non-EDP cases may not be considered for
EDP unless the proposed EDP case is a DUII for which the Defendant is
otherwise diversion eligible by statute and the DA is recommending a DUII
diversion.
• Defendants accepting the EDP offer must expressly waive any right to file
motions related to the criminal matter (e.g. demurrers, suppression
motions), in the plea petition.
• The decision to file a criminal case as an EDP case is solely within the
discretion of the District Attorney's Office, and not all nonviolent crimes
cases or probation violations will be filed as EDP cases. The decision to
file an EDP case will take into consideration community safety, offender
accountability, prior criminal history, likelihood of success or re-offense,
record of arrests, whether the offenses are predicate offenses for ORS
137.717, and whether doing so is consistent with public safety, the
interest of justice, the goals and purposes of ORS 135.942, and the
policies and guidelines of the District Attorney's Office.
Cases eligible for EDP:
• Non-person Class C felonies as and Class A misdemeanors as defined by the
OCJC and OAR 213-003-001(14), (15), Class B and C misdemeanors and
probation violations. NOTE: The DA's office will not be filing Class C
felonies as EDP cases, at least initially. The DA's office may offer early
resolution incentives on felony cases through traditional criminal case
filings. The DA's office may decide at a later date to include Class C felonies
in the EDP.
• Cases that do not involve a substantial amount of restitution.
• Cases involving restitution are not appropriate for EDP unless the amount
of restitution has been determined prior to filing and can be paid in full by
the date of EDP sentencing. In these cases, the restitution amount should
be clearly stated in the EDP offer, and payment of restitution in full will be a
condition of receiving the EDP recommended sentence.
• Cases involving substantial amounts of restitution are not suitable for EDP,
even if the DA recommends civil compromise as a resolution, when it is
unlikely that compromise can be completed within 30 days.
• Cases involving probation violation(s) when the defendant is on supervised
probation with Deschutes County Parole & Probation should not be filed as
EDP if the probation department is recommending revocation and/or
imposition of a jail sanction.
• Cases involving probation violation(s) for the commission of new criminal
offenses, law violations, contact with a victim, or
use/possession/consumption of alcohol or controlled substances will not be
filed in EDP.
• Cases in which the DA is recommending a jail sanction are not appropriate
for EDP unless the jail sanction/sentence is clearly stated as the
recommended sentence in the event that the Defendant fails to satisfy the
terms of the EDP offer.
2
EDP offers:
• EDP cases shall include the EDP sentencing recommendation and the
sentencing recommendation if the defendant fails to satisfy the terms of
the EDP offer.
• The EDP offer must be accepted at the first appearance (arraignment).
• Defendants shall be sentenced pursuant to the EDP recommendation if all
terms are satisfied, at a sentencing hearing set by the court no later than 30
days after initial appearance, unless upcoming court closures, holiday court
schedules, or court staffing concerns (i.e. judicial conference) dictate a date
no more than 37 days after the initial appearance.
• If all terms of the EDP offer are not satisfied by the date of sentencing then
the DA will make the non-EDP sentencing recommendation.
• If the court determines at the time of sentencing that it is unwilling to
follow the EDP or non-EDP sentencing recommendation, then the
Defendant shall be permitted to withdraw his/her guilty plea. The case
would then proceed as a non-EDP case for the purposes of plea negotiation
and court scheduling.
• Any Class C felonies that are filed as EDP will require that defendant
execute a grand jury waiver.
• An EDP should provide adequate time for defendants to make knowing,
intelligent, voluntary and attorney-assisted'decisions`whether to enter
pleas of guilty or whether to`agree 'to civil compromises or diversion.
Clients should be allowed a: reasonable continuance to make their decisions
in` the event there is incomplete information or other compelling reasons to,
postpone entry of a plea. The District Attorney's Office will make every
effort to ensure that discovery is complete prior to the time of arraignment
on an EDP-eligible case..
• In order for-EDP to accomplish the goals and purpose set forth in ORS,__
135.942, it is imperative that the Court commit to allowing no more than2
appearances on EDP cases,: except under the most extraordinary
circumstances. :In-the event that discoVery'-is incomplete, orethere is d
compelling necessity to grant additional time for defendants toy make
knowing, intelligent, voluntary and attorney-assisted decisions whether:to
enter pleas of guilty or whether to agree to civil compromises or diversion1
the court may, in its discretion upon showing of good cause and compelling
necessity, allow a reasonable continuance of the EDP arraignment/plea of
not more than 710 days after the initial appearance on an>fDP case This
action would result in 3 total EDP appearances in court by a defendant
(arraignment,~zplea, and sentencing-).
• Absent a compelling necessity as set,forth above, here shall be no mor_d
than 2 court appearances for any EDP case (arraignment/.plea and
sentencing), unless good cause is shown to allow for su.ch.~ Good cause
!includes extraordinary:circumstances like medical emergency to the,
defendant, attorney(s), or iudge, or immediate family member of that
person, or unanticipated travel delays,caused by extreme weather 4.e. roach
closure due to blizzardor wildfires)
• EDP offers are revoked if the Defendant fails to appear, for whatever
reason, at arraignment or sentencing.
• If an EDP offer is extended and a Defendant fails to appear at arraignment
the case shall proceed as any other non-EDP case for the purposes of
negotiation and court scheduling. The good cause exception does not
apply to extend the EDP offer if the defendant fails to appear at
arraignment.
• Felonies filed as EDP cases may be reduced to a misdemeanor, but will not
be dismissed as part of an EDP sentencing recommendation except in the
case of EDP offers of civil compromise, or dismissal following successful
completion of the terms of a conditional discharge pursuant to ORS
475.245.
• EDP offers on driving offenses must also include sentencing
recommendations of any mandatory license and/or registration
suspensions.
EDP and financial obligations:
• EDP offers on cases involving restitution to a victim or injured party will
require the full payment of restitution by the date of sentencing as a
condition of the EDP offer.
• All EDP offers will require the payment in full of mandatory court costs, fees
or assessments, in addition to any restitution or compensatory fine.
• For EDP cases reduced to a misdemeanor upon satisfaction of the terms of
the EDP offer those financial obligations are a $67 unitary assessment and
$35 offense surcharge.
• For EDP cases reduced to a violation upon satisfaction of the terms of the
EDP offer those financial obligations are a $37 unitary assessment and $45
offense surcharge
4
• EDP offers for probation violations will require payment of any delinquent
supervision or monitoring fees if requested by the supervising or
monitoring agency.
EDP and civil compromise pursuant to ORS 135.703-135.709
• EDP offers of civil compromises may be offered at the discretion of the DA,
but still require the payment of any court mandated costs, fees, or
assessments, in addition to amounts paid to the injured party as the civil
compromise.
• If a victim or injured party is unwilling to civilly compromise the case
notwithstanding an EDP offer of civil compromise, then the DA may still
recommend a dismissal or reduction of charge(s) if it is in the best interest
of justice to do so. Alternatively, the EDP offer may be revoked by the DA
and the case shall proceed as a non-EDP case for the purpose of
negotiations and court scheduling if the DA determines that it is in the best
interest of justice to do so.
Notice to victims and other witnesses:
• The DA will provide notice to victims in EDP cases just as it would in any
other non-EDP case
• The court will not require the personal or telephonic appearance of
probation officers or monitoring agents at any EDP court appearance,
although those persons may appear voluntarily.
EDP and Discovery:
• Drug possession cases filed as EDP cases should have at least preliminary
confirmation of the nature, and/or amount of controlled substance (e.g.
NIK test, weight of dried marijuana). These cases will not be submitted to
the OSP crime lab for testing unless that testing has already been
completed by OSP prior to the DA's decision to file the case as an EDP case.
A request to have official testing conducted by the OSP lab is not good
cause for a delay or extension of the EDP proceedings.
• Discovery, including discovery of restitution and media, will be complete
and available at the time of arraignment on EDP cases.
5
EDP and: confidential consultation:
• An EDP should provide for adeguat6~.04Vsical space twensure: necessary,
privacy and adequate time to con) ct confidential consultations. between,
clients and their attorneys. The Deschutes County Circuit Court will
designate physical space within the court facilities to accommodate
'confidential,and private consultations between-EDP defense provider(s)
and defendants.
• fDP defense provider(s)-will meet with and consult with EDP-elijzible
defendants individually, and in a`space and manner that ensures. privacy
and confidential communications..
6