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2013-10-Minutes for Meeting October 01,2013 Recorded 1/9/2013COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS COMMISSIONERS' JOURNAL 41/49/2013 11;17:17 AM 111[ [1111111111111111111111 201Do not remove this page from original document. Deschutes County Clerk Certificate Page ~G~uTES aoGA q < DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL MINUTES OF MEETING Monday, October 1, 2012 Allen Room, County Administration Building, 1300 NW Wall, Bend, OR Present were Judge Michael Sullivan; Commissioners Anthony DeBone and Tammy Baney; Interim County Administrator Erik Kropp; Ken Hales and Tanner Wark, Community Corrections; Rob Poirier, 911; Sheriff Larry Blanton; Capt. Mike Espinoza and Capt. Erik Utter, Sheriff's Office; Court Administrator Jeff Hall; Shelly Smith, KIDS Center; District Attorney Patrick Flaherty; and Eileen Stein, City of Sisters. Also in attendance were Chief Denney Kelley, Black Butte Ranch Police Department; Brian McNaughton, Redmond Police Department; Scott Ramsay, City of Bend; Ken Stenkamp, Bend Police Department; Chief Marc Mills, Sunriver Police Department; Sarah Peterson, Children & Families' Commission; Donna McClung, Oregon Youth Authority; Jacques DeKalb, defense attorney; citizen member Dave Cook, Marilyn Burwell, visitor; and media representative Mac McLean of The Bulletin. Judge Sullivan opened the meeting at 3:32 p.m. 1. Call to Order & Introductions Judge Sullivan called the meeting to order, at which time the attendees introduced themselves. Minutes of PSCC Meeting Monday, October 1, 2012 Page 1 of 13 2. June Minutes The minuets of June 4, 2012 were moved and seconded as written; approval was unanimous. 3. Public Comment Sarah Peterson explained that the "Keep Kids Safe" license plates will be available on October 15. Of the $30 registration fee, $28 of it goes back to the community for child abuse prevention programs. This legislation was sponsored by Representative Gene Whisnant, and it took three sessions for it to pass. There is a press conference scheduled for October 12 on the Capitol steps. Commissioner Baney noted that those dollars go to prevention services, and the money stays here if generated here. There are license plates honoring square dancing, universities, the wine country, and all kinds of things, and it was hard to understand why it was so difficult to get this through. It seems as though prevention with dedicated funding would have been easier, but this group stuck with it until it was a reality. 4. Monitored Probation Jeff Hall gave an overview of bench and monitored probation services. He said they are in the process of evaluating this and reviewing provider partners. He expects there to be changes. They were using M&E Associates, but the provider will be Pfeifer and Associates in the near future. They handle misdemeanors exclusively except for sex crimes and family violence issues. Mr. Hall asked if this involves a bench probation group. He said he is not certain, but they have discussed what to refer and how to refer them. They hope not to have to do so, but it might happen. There are over 300 in this program, and a total of about 1,800 involved in bench, felony and serious misdemeanor issues. Minutes ofPSCC Meeting Monday, October 1, 2012 Page 2 of 13 5. Violence against Women Grant Sarah Peterson said they received a $300,000 two-year grant from the Office of Violence on Women, to enhance victim safety and offender accountability. This was accomplished with the collaboration of the Sheriff's Office, the Police Departments, Parole & Probation, Saving Grace, the Commission on Children & Families, and the Courts. They welcome 911, the Health Services Department, the District Attorney and St. Charles. $175,000 will fund key components to enhance safety, and provide for a lethality assessment program (LEP) to prevent domestic homicide and to encourage victims to use support services. This will help continue LEP funding for on-call advocates. They utilize public health and St. Charles emergency room nurses for this. A new component is to assess the community response to domestic violence. The goal is to have a coordinated response and conduct best practices with 911, police and patrol and follow-up investigations. The best practices assessments will be available. Capt. Utter added that they have developed lethality assessment protocols, which help to identify relationships with a high risk for lethality. This is meant to promote getting the victim into a safe environment or involved with follow- up services. They have been doing this for a year, and additional training is coming; Sunriver Police and Black Butte Ranch Police are also coming on board. They need to ascertain if there is an impact on recidivism as this means an increase in services delivered to some victims. They are doing a best practices assessment, reviewing police protocols and comparing them to benchmarks and to each agency. They want to verify whether they are following guidelines and hope to identify gaps in service. Mr. Wark noted that his department is at the tail-end of adjudication; Parole Officer Angel Lotito supervises the highest risk domestic violence offenders. Out of 75 offenders, four committed another domestic violence crime. Considering his population, these are very good numbers. The cooperation of law enforcement has a significant impact. Ms. Lotito coordinates curfew times and checks on the offenders, and her work is instrumental along with the services of Saving Grace and the Victims' Assistance program. Minutes of PSCC Meeting Monday, October 1, 2012 Page 3 of 13 Judge Sullivan said that the District Attorney assigned a Deputy D.A. to this, as it helps to know the cases. Having the same Parole Office involved in the program also helps. Historically, the response to domestic violence situations has come a long way, but it does not mean they can't go further. Sheriff Blanton added that they try to be proactive, even in the schools. They don't wait for a report, but can be somewhat nosey. This crime did not used to be considered one unless someone showed up at the D.A.'s Office. Mr. Wark said that they are coordinating with the Sheriff s Office and other agencies on an upcoming domestic violence offender sweep. 6. Jail Expansion & Juvenile Detention Relocation Erik Kropp provided an overview of the latest developments on this issue. The Board had a work session on September 26 to discuss this. They know that the jail has been over capacity for a long time, and has been a major issue for about the last eight years. The Board discussed various options, where things are today and what direction to take. The Board approved moving adult offenders into the juvenile detention center by July 2013. They directed staff to work on a juvenile detention needs assessment through a consulting firm with a lot of expertise in this field. The long-term needs of the Juvenile Department will be determined in this manner. The Board directed staff to come back with a recommendation of how juvenile detainees should be handled in the near-term. The options are to use the old downtown facility, with a phase 1 and 2 approach; or to use an alternate area on Britta Street. They looked at the footprint, brought it down to a simple table with key areas. Added to this was a timeline, the number of cells needed, the number of beds, and the costs. Regarding the downtown area, there would be little change in the footprint. It has seven cells and one is a double. Phase I would cost about $400,000 to get it up to speed for use. Minutes of PSCC Meeting Monday, October 1, 2012 Page 4 of 13 Phase 2 of this location would be a separate project, simultaneously expanding the footprint of the building and increasing the number of cells up to 13, with one double. This would cost $1.3 million in addition to Phase I, but would include program space, a courtroom for juveniles which could also act as a backup courtroom for business continuity. The other option is looking at the current detention center and using one-third of the west portion for juveniles and the remaining two-thirds for adults. They are required to have sound and sight separation. It would take about eight months to get it ready for juveniles, using the old Trillium space for residential treatment, but they would have to build more cells. There would be six cells total, and two could house four juveniles each. However, this is not preferred because of dangers of having more than one juvenile in a cell. It is unlikely, though, that they would max out to those numbers. The estimated cost would be about $800,000. The Board looked at detailed plans which are available to review. They asked staff to continue looking at the options and make recommendations. It is important to have the PSCC members input. Eileen Stein, City of Sisters, asked about the number of current beds. Mr. Hales said they staff for 24 beds, but capacity is 56. Ms. Stein noted that the new maximum would only be 14. Mr. Hales stated that the average daily number for two years is about 14. This year the numbers for Deschutes County juveniles has varied between five and thirteen. Ms. Stein asked what happens if it peaks to more than that. Mr. Kropp said that they house juveniles from other counties, mostly Jefferson and Crook. They would not house those juveniles unless there was room. NorCor, owned by four counties, is also an option. They may be able to contract for some. Otherwise they would have to manage the numbers by sending them out of area and/or by matrixing. Mr. Hales said that there are typically about twelve in a year from out of county. Mr. Kropp stated they have to look at which juveniles are short or long term. The Board has not taken a position, but it is part of the discussion. Minutes of PSCC Meeting Monday, October 1, 2012 Page 5 of 13 It was pointed out that they need to be fiscally responsible, based on the proposal that increasing jail space was priced at $10 million. It was asked how long this puts that out, and whether more jail space will become available since this is not enough; and whether this is wasting a lot of money by not doing the whole jail project now when costs are lower. Ms. Stein asked if it would be cheaper to build the jail now or a detention facility later. Mr. Kropp responded that this is part of the discussion and part of the study. They will look at building a new juvenile center; one that is suitable for future needs. It is hard to know these costs as it depends on what you want and how many beds you think you will require for the long-term needs of juveniles. Judge Sullivan asked if part is retained for juveniles, how many more beds would that give the Sheriff; and how many beds he would have if he took over the whole area. Mr. Hales stated that the proposal is to relocate the juveniles into the old space. Then all of the current area would be used for the jail, and those preliminary numbers are 88. Judge Sullivan asked if this accounts for double bunking. Sheriff Blanton stated that this is a dynamic and complicated situation. The Grand Jury conducted an inspection of the 228 beds now. Work release has capacity for 90 but they cannot manage those on top of the others. The work center is now being handled as part of the jail, but felons are not supposed to be in there. The facility was not built to handle medical or mental health issues. At this time, one inmate has diabetes but they have no medical segregation for him. It is not the total number of beds, but the kind. Two other rooms could be a dorm eventually. The Trillium side is not being used now, so maybe could be a work release center. Another option is to sentence people to hours in jail instead of straight days. On July 1 they closed the work center due to not having enough staff. Maybe there will be another in a year or two. Ms. Stein asked how long the Sheriff had been advising of jail needs. Sheriff Blanton said that this preceded his term in office. It is a very complex issue. Minutes of PSCC Meeting Monday, October 1, 2012 Page 6 of 13 Mr. Flaherty stated that his Department is affected directly by the capacity issue. The question is which option can accommodate immediate needs. He would like to see the work center operational, and the Grand Jury would as well. It is a cost-effective way to increase jail capacity and take pressure off social services. He would like to know which option the Sheriff sees as the best one: moving into the Juvenile area or adding to the building. Mr. DeKalb said the question is, if you open the juvenile area, are you running two separate operations requiring more staffing for food service and other things. This is why they closed the work center. He asked if this was built into the projections. Sheriff Blanton responded that he will need little additional staff. They serve over 1,000 meals a day and already have to feed the juveniles as well. He will make it work. He heard this from the public. OMNI said they would need 500 beds at a cost for new space at $80 million. They cut this in half as an interim step, $40 million and 300 beds, but it was voted down. Few people stepped up to help move this forward, and now they are behind. It won't be perfect, but the public expects his people to do what they can. $10 million could potentially be paid out of existing funds, but this is not comfortable to anyone. It is still tax money. They are looking for the best solution they can. In terms of FTE and staffing, the best choice is one building as having others is a drain. The work center folks in the past has typically not been hard-core, but not they have A and B felons there. The Britta Street remodel would be more limiting but none of it is easy. The work center has been closed before due to funding issues. Staffing levels will need to be determined. During one meeting when he thought the $10 million project would go forward, Commissioner Baney questioned it. There is a timeline of July 2013 and they have to work out how to accommodate them all. It won't be ideal or easy, but they have to do something for public safety. Judge Sullivan said that a committee was formed years ago to study this issue. They started from ground zero. They wanted projections, looked at options, assessed the population, and found that all should be in the jail. They did not want to build to capacity and be frill when the jail was finished. This needs to work for a decade. PSCC members represent a lot of agencies and make recommendations, and many members participated in the process. Minutes of PSCC Meeting Monday, October 1, 2012 Page 7of13 He said that the Sheriff has the largest mental health facility in the County. He has a huge budget for medication. The population is aging or the things they have done are catching up with them, so there are a lot of people with major medical issues. They are talking about a cost of $1,000 a day if someone is dangerous and has to have 24/7 oversight. Sheriff Blanton noted that according to HIPPA, by default they have 25 or 30 inmates today with significant mental health issues. They used to say that they are not there because of that, but it may be a reason for the crimes they committed. For those needing dialysis or cancer treatment, he hopes OHSU can help. A veteran who is arrested loses benefit so this ends up on the County. The Governor needs to look at low-risk offenders and kick them out. They end up back at the County level. This is the only jail in the County. A lot of people say they should turn the low-level offenders loose. They are surprised to learn that those offenders are already out. The ones now in jail are the players. But he and his team will try to make the best of a bad situation. Commissioner Baney said that for instance, when the City of Bend had budget issues, they needed to let this group know so others can mitigate the fallout. The problem always ends up somewhere. A juvenile detention facility is not a mandate. There are only eleven in Oregon. They are extremely costly, with an average cost of $2.8 million for twelve kids. She is committed to house them here, as that makes sense in many ways. They should be able to right-size, although it might not be the most operationally successful. The OMNI report included alternatives to incarceration, electronic monitoring, adjusting sanctioned beds, and other options. A nationwide study show the trends for juveniles are down. Some of this is based on work done here through the CYIP over the past decade. They used two-thirds of reimbursements and invested the remainder, but they can no longer make this commitment. They want to see this facility right-sized and look at investing in prevention. The savings now resulted from this. In regard to the KIDS Center, they have seen a 150% increase in juvenile sexual activity against others. They are committed to working with these kids, both the victims and the offenders. They continue to look at these numbers, which are rising. They need to have enough beds so they won't have to house them together. Minutes of PSCC Meeting Monday, October 1, 2012 Page 8of13 It was pointed out that historically, the Department of Corrections said that those with chronic or acute mental illness was about 17-18%. In 2002, it was thought to be around 30%. This argues for the Sheriff in terms of not having dorms and large housing units. He needs to be able to segregate. There is no mental health system in the State for these offenders; it ends up being the jails and prisons. Just saying you can put 88 people into this box does not speak to this problem. There won't be a good outcome. Sheriff Blanton added that the majority would be individual cells. They have come a long way from having the jail at the top floor of the old courthouse building, then the new justice building in the 1980's. They are using the pre- booking area for individual housing now. They can book 16 people during a shift, and sometimes up to 30. They could add a dorm for low-risk offenders, and remodel part of the existing facility for eight special needs cells. If someone is suicidal, they would go to St. Charles before being released to jail. For instance, someone has been incarcerated for 400 days for trespass II due to mental health issues. This gets very expensive. Ms. Burwell asked about the mental health facility near the hospital. Judge Sullivan explained that is Sage View, which is not a secure facility. It has clients from St. Charles, the State and the County. But people can walk away, or come back in with contraband. Sheriff Blanton added that the County owns the building, but leases it to the State for a State program. Mr. DeKalb said that it is nearly impossible to find alternatives. If someone is likely to have a mental defect, the process can take months. They try to find alternative placement but this is often a dead end. They have to justify a mental health evaluation to the State, and provide transportation to the State hospital if they even have room to conduct an evaluation. It is very complicated. Mr. Flaherty added that they are trying to improve the process. They have to find funding and wait for an evaluator to be available, and this can cause a long delay. They are trying to conduct these locally if someone is properly certified. The cost to the State is around $500, and it could be a lot more locally. Minutes of PSCC Meeting Monday, October 1, 2012 Page 9 of 13 Mr. DeKalb stated that they need a minimum of six weeks until the defense can be ready. The prosecutor wants to show someone is able to aid and assist in defense even if they are not able to. Judge Sullivan said that it costs about $90 a day to house a regular prisoner. All kinds of things have to be considered. Sheriff Blanton noted that they have good people working in the jail and on patrol, but they can run into all kinds of extreme situations. They have 100% compliance with jail standards, and there are only two jails in Oregon that can claim this. Judge Sullivan said that they have mental health court and the Mental Health Department doing great work. The level of addressing mental health issues has gone way up during the past ten or twenty years. There are special programs in crisis intervention and all police departments are now sending people for this training, so they can address some mental health issues in the field. Sheriff Blanton stated that people used to get credit for time served, but they now get clearance and on track with medications and treatment so perhaps they won't end up in a revolving door. NAMI is also involved in this. There are severe issues with drugs and alcohol, and they are trying to get a handle on these issues. They are paying the price for these problems now. They contract for outside psychiatric assessments and in-house medical experts. Many counties do not provide any of this. He added that prescription costs for the jail used to be between $10,000 and $12,000 a month but they have reduced that by about half through contracting. They spend about $1 million a year for drug and alcohol treatment, parenting skills, anger management, GED and other programs. Judge Sullivan said that the courts are supportive of more bed space and also of community-based treatment for juveniles. They are being assured that whatever juvenile facilities are used will meet requirements. One reason they have been successful with juveniles is integrated treatment, with families, and keeping it local. Judge Sullivan asked for feedback from law enforcement in regard to moving the juveniles downtown. Minutes of PSCC Meeting Monday, October 1, 2012 Page 10 of 13 Officer Stenkamp said, on behalf of Chief Sale, a concern is that things be right-sized, but the need is in the adult population. They want to get officers back on the road quicker. This seems to be a better utilization of dollars. Office McNaughton of Redmond agreed. Chief Mills of Sunriver noted that the adults are the biggest issue and have been for some time. It would be nice to have the space for the juveniles, but prevention has been successful. There are alternatives; NorCor is extreme but might be okay for juveniles that should go elsewhere. Adults are the most dangerous threat, and this affects quality of life everywhere in the County. Chief Kelley of Black Butte ranch concurred. However, he does not want juveniles to end up becoming adult contributors. He has studied other agencies and it appears that pre-arrest contacts are critical. But there is now no overflow place for adults and they are having to matrix out. They all need more options for the adults. Mr. Wark said they have to classify them constantly; for instance, are they limited due to mental health or health needs; and so on. They do all they can at Parole & Probation to work with law enforcement so they can do their job. They partner with others to create programs and processes to help move people through the system. Many issues are under the radar of the normal citizen. Programs are important at various levels, but they have limited space for those. Sheriff Blanton said they are ready to go with whatever option and will make it work. They won't ask for additional staff and money right now, and will make do. It is not just having enough beds, though. Ms. Burwell asked about the Madras facility, which is not full. She does not understand why the State won't cooperate more. Judge Sullivan said that they won't take day prisoners and don't want inmates going in and out. Sheriff Blanton noted that overall the State is trying to work with available beds. These are all adjudicated. The primary issue locally is the non- adjudicated and those with a sentence of under a year. At least 70% of the current population is pre-trial. Minutes of PSCC Meeting Monday, October 1, 2012 Page 11 of 13 Commissioner Baney said that they have made it clear that they don't want anyone else using that facility. It is a State issue. They are trying to manage numbers and money. Mr. Flaherty reiterated, locally they are running a number of specialty and problem-solving courts. These include domestic violence, drug, family, mental health and others that have an impact on jail capacity. They are ahead of the curve on some of this, but it can be improved. Many citizens don't understand the situation and that we have these in place already. There is a group going around the country looking at municipalities to identify gaps in service, especially for the mentally ill. The idea is to intercept them before they end up in jail; or get treatment before or after release. They are providing what is possible inside the jail now. He expects this group will say more community-based organizations are needed, like Saving Grace, and others for mental health and housing needs. These are all big problems. Some people show up in jail because of these needs. For instance, a detox center is needed. A lot of money goes to St. Charles for this. They are on the right track, though. Deschutes County is ahead of the game. Many places have no programs at all. Mr. Kropp said the Board asked for recommendations, and a short-term solution is needed. Chair DeBone said that today's input was helpful. Mr. Hales said that in regard to the downtown location versus Britta, based on the safety of the kids and staff, conditions of confinement, program services and operational capacity, all will be impacted in some way. He needs to identify these issues. Judge Sullivan thanked all for their input in this important discussion. The Board has a tough decision to make. Chair DeBone said they realize this will cause a series of changes to the system, and they are trying to consider it all. 7. Other Business No other items were discussed. Minutes of PSCC Meeting Monday, October 1, 2012 Page 12 of 13 The meeting adjourned at 5:03 p.m. Respectfully submitted, Bonnie Baker Recording Secretary Attachments Exhibit A: Agenda Exhibit B: Sign-in sheets Exhibit C: Jail/Juvenile Detention Briefing Minutes of PSCC Meeting Monday, October 1, 2012 Page 13 of 13 Z V V1 W to W J a O N v r it C I C 12 V~ ~ 11 i III . o S 'I V f AG~ W-- IN. i i a c C O ro c L L v ro v C1. z z u H W V1 W Cl. 6 c 0 0 C 7 w v Li. DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL G~~TES eo w Za q { Monday, October 1, 2012, 3:30 p.m. Allen Room, County Administration Building, 1300 NW Wall, Bend, OR Agenda I Call to Order & Introductions Judge Sullivan II June Minutes Attachment 1 Judge Sullivan Action: Approve July minutes III Public Comment Judge Sullivan IV Monitored Probation Jeff Hall Advise Council of bench and monitored probation services VI Violence against Women Grant Sarah Peterson Update Council on grant award VII Jail Expansion & Juvenile Detention Relocation Erik Kropp Brief Council on latest developments VII Other Business Judge Sullivan Public Safety Coordinating Council October 1, 2012 Jail/Juvenile Detention Briefing • September 26, 2012, Board approved moving adults into juvenile detention facility no later than July 1, 2013. • Directed staff to work with Chinn Planning, Inc. on a juvenile needs assessment. The assessment will include researching historical juvenile justice trends; analyzing data; comparison of state and national trends and programs; projecting future juvenile justice system requirements; and preparing and evaluating options to meet future system requirements. The assessment will take approximately 14 weeks. • Consider two options for juvenile: Downtown Center - Downtown Britta Street Phase I Center - Phase Alternate School II Area Estimated Timeline 4 months 12 months 8 months Number of Cells 7 total cells, 13 total cells, 6 total cells, 1 is a double 1 is a double 2 can hold up to 4 Juveniles Number of Beds 7-8 13 - 14 6-12 Estimated Cost $ 385,000 $1.3 million $806,000 (4 sleeping rooms: $95,000)