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2013-11-Minutes for Meeting December 17,2013 Recorded 1/9/2013D ESCHUTES COUNTY OFFICIAL RECORDS BLANKEN COMMISSI NERSSHIP NANCY ,TOLIRNpLCOUNTY CLERK Ci 2013■11 VIII 0110911013 11:17:37 AM IIIIIIIIIIIIII IIII II III ZW13-11 Do not remove this page from original document. Deschutes County Clerk Certificate Page -r-- M Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESC14UTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 17, 2012 Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Tom Anderson, Interim County Administrator; Erik Kropp, Deputy County Administrator; Ken Hales, Community Corrections; David Givans, Internal Auditor; Hillary Saraceno, Children & Families' Commission; Anna Johnson, Communications; Darryl Nakahira, Sheriff's Office; Jeff Hall, Court Administrator; Judge Alta Brady; and approximately a dozen other citizens including a representative of The Source newspaper. Chair DeBone opened the meeting at 1: 40 p. m. 1. Discussion of Juvenile Detention Consultant Report. The Commissioners discussed why this study was pursued. It was compiled by Karen Chinn of Chinn Planning, who was also asked to do an analysis of some juvenile detention alternative programs. She did fact-finding and analysis with a steering committee, and this is the final report. Ms. Chinn and Ken Hales gave a PowerPoint presentation regarding the juvenile services needs assessment. They went over an organizational chart of juvenile services and programs. The cost of services is $323 per day, per youth. The continuum of services was explained; juvenile arrests are typically for property offenses, drug activity or person-to-person crime. Whether this increases is due in large part to whether the general population increases. The potential for violence is also evaluated. Filings for delinquency have decreased over the years, but dependency cases have increased. The average daily population has decreased from about 21, to 19, to 16, and now is 10, which is approximately at 10% decrease per year. However, the peak rate is important because of the need to plan for capacity at any given time. Some months it can be almost double the average number. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 1 of 11 Commissioner Baney asked if any other facilities shut down during this time period. She was advised that Umatilla shut down a few years ago. Regarding admissions trends, monthly admissions have gone down. But the average length of stay has increased, over 17 days compared to others at just over 9 days. Sometimes the stay is longer due to the severity of the offense or because of mental health issues. The profile of those admitted shows that half are 16-17 years old; the rest 13-15 years old. Males comprise 77%. Most are pre-adjudication. The average length of stay post-adjudication is 27 days. Assaults and offenses against persons is about 25%, and property crimes are about 25%. There are other programs in the County to handle other offense to divert them; however, most of those being held are not suitable for these programs. Deschutes County has a higher number of referrals per 1,000 arrests than others, but secure detention admissions are lower at just over 8 compared to 14. The average length of stay is 8 days, but Deschutes County is at 15.7 due to the more serious nature of the offenses. The presentation included system assessment key findings: Declining juvenile justice youth population. • High cost of secure detention & underutilized beds. Complex treatment needs of the juveniles admitted. Longer length of stay due to court delays and evaluation/placement. • Lack of agreement on use of secure detention and risk assessment. Mission Statement that does not define the goals or philosophy of juvenile justice. Decrease in local prevention/diversion programs, such as peer court, community service (a two-year decline). These impacts will be more apparent within the next couple of years. They don't want detention to be the only game in town. Gaps in service continuum regarding non-residential programs: assessment center, daily reporting, job training/vocational training - which are a lot less costly than detention. Gaps in service continuum for residential programs: shelter care/secure staff; foster care; DHS population; runaway population; substance abuse; mental health issues; transition; awaiting placement or evaluation. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 2 of 11 Once adjudicated, some jurisdictions are putting these juveniles into residential placement, but have to find the location first. Some are too dysfunctional for foster placement but need to have options. J Bar J and similar programs are not feasible for short-term placement. There are not many foster homes available. Future changes to the system will probably add to the need for beds. Out of County detention forecast shows this number decreasing by about 1.9 per year. The detention rate for 2012 was .4 per 1,000 juveniles incarcerated, but you have to allow for peaks in the population or the various populations. The numbers are 17-20 at latest model, but this could be up to 30 if there needs to be a longer stay, 18-20 for shorter stays. The recommendation for long-term is 24 beds expandable to 36 for Deschutes County only. This is assuming that the programs and options now offered would be maintained. The impact of canceled alternative programs is not yet known. Ms. Chinn reviewed best practices. This is now being done and meets standards. The group then reviewed a sketch of the current juvenile complex (24 beds). Options regarding the Harriman building, constructed in 1983, were discussed. There would be a ten-bed capacity done in two phases. However, the linear hallway does not reflect best practices. There is no intake area, and little natural light; they also need direct observation. They would also have to transport juveniles to courtrooms. This is not a viable option, and does not meet short or long-term practices. Chair DeBone said it does not seem that long ago things were different. Ms. Chinn responded that things have changed a lot lately. There is now a huge mental health component to consider. Mr. Hales stated that direct supervision means there are fewer incidents and less liability than there would be with linear hallways. Ms. Chinn stated that more referrals are being done now than previously. Detention is the last resort. The population is far more challenging now than it was in the 1980's. You have to consider the safety of other youth and staff. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 3 of 11 She explained that the expansion would mean having an intake area and more rooms. A full build-out of Phase II would allow for visitation and a courtroom. The cost for ten beds would be $1.8 million but transportation would not be needed. There would still be the issue of a linear corridor and no direct lighting, and staff offices would be away from where the youth are. A second option is using part of the existing complex. However, you should never put four in a room one to a room is best. This would mean two single rooms and two double rooms for six beds. So there is still an issue of not enough beds. It is difficult to manage secure detention. Essentially, it would be four beds because you may have to separately house females or sex offenders. Mr. Hales added that this still does not include audio or video surveillance. Ms. Chinn said that a third option is using the work release facility. This is the only option she feels is viable as it has proper light and an intake area. However, it nets out just 10 beds and would require taking youth to juvenile court. This would result in some security risk and additional staff. It is the closest to complying with national standards, but would be higher in staffing. It would have to be reconfigured to be a ten-bed housing unit. Self-contained areas require staffing for both areas. Option #4 is developing another facility altogether if the others are temporary. If they need 36 beds during peak times, two 12-bed units plus an option for a third would be needed. About 1,000 square feet of facilities is needed per juvenile, not including a kitchen area. Therefore, for 24 beds, 24,000 square feet is recommended. Option 1 is six beds at the Harriman location. Construction costs are about $400,000 for the basics, to make it operational. Phase 2 at Harriman allows up to ten beds. For phase 2, add $1.37 million. The total for phases 1 and 2 is about $1.8 million.. Option 2 would be using part of the existing facility. The staff secure area would be renovated at $870,000, and staffing would be at 16. The cost per juvenile would be around $908 per juvenile, per day. Going for option 3, the work center, means the cost would be $755,000, but with two housing areas staffing costs would be higher. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 4 of 11 A new facility would mean having room for 24 but being able to expand to 36, allowing 1,000 square feet per juvenile. Ms. Chinn said that option 91 is not recommended, as it does not meet industry standards. Option #2 is a lot of money for the number of beds. Option #3 would cost more for staffing. The cost of a new facility is also high, but this may be a good time to consider it as it will not be less expensive later and you can build specifically what is needed. Commissioner Baney observed that a big issue is with kids being in detention for a long time, often waiting for mental health services. The less that is invested to address this, the more issues they will see later. Ms. Chinn stated that in particular, sex offenders are not welcome in foster care, and it is hard to find appropriate locations. There are many criteria involved depending on the offense. The population has been handled well here in the past, but there has been space and options available. Chair DeBone said that there is a documented need for an expansion of the adult facility. There is a domino effect in whatever they do, and a series of events. Commissioner Unger noted that funding is a challenge, but they must invest in programs that keep these kids out of detention. It is expensive to house them, but community programs are being lost due to limited funds. He wants to support the programs as a top priority. Commissioner Baney said that if it was only about money, they could contract this out. But they've done a great job of managing the population. She is concerned about not being able to invest in prevention. The Commission on Children & Families is taking a nosedive. No one seems to know if the numbers will remain low if some of these programs are lost. Ms. Chinn stated that there is a continuum of care in this community. This is why the detention numbers here are lower when compared to other counties nationally. However, there will always be some youth that are a public safety risk. This is costly but you have to deal with them. More pressure will come to bear if admissions have to increase. Commissioner Baney said she is speaking of a much younger population. She is talking about from birth. The community has taken pride in investing in these children, but can't do it anymore. They need to concentrate on the very young and not just older youth. The question to the community is what outcomes they want. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 5 of 11 Mr. Hales stated that they costed out the different options. The desire is to reduce the investment and staffing costs. Each option has detriments. They need to consider the impact of reduced or no juvenile detention. The impact would be detaining fewer. The only way to change this is determining how to handle them. The criteria are stingy now, but they can make it more flexible and detain fewer, but there is a risk attached to doing this. The law requires that something be done. He needs to know what level is desired. They can go to extremes and reduce the population, but that is a policy change. If a youth is on probation and commits a burglary, now that youth would be held, but there can be a choice not to. If there is no detention space available, they can't detain them. NorCor is three hours away, and logistically it is costly at over $2 million to switch to that. Transportation is an issue. If the local police want the option of 24/7 intake for youth, this can't be done without a detention center. Smaller counties that don't have detention only hold thirty or forty kids a year. There is not enough capacity in the state for all that is needed, so cases would have to be prioritized. Commissioner Unger noted that there is nothing regional as other counties can't afford it. He was hoping Deschutes County could reduce detention operating costs by managing some in detention now, and refocus funding on prevention and support, dealing with lower level offenders. Ms. Chinn said that she spoke to all providers. You can't put short-term offenders into ongoing residential treatment centers. There are few of these facilities and they are not used much for serious offenders. NorCor is a costly option, but the equivalent of a detention center. If a youth gets violent in one of the other options, they end up in detention. Commissioner Baney said she would like to be able to reduce the general fund transfer to Juvenile. They are mandated to provide for an adult jail and to keep the public safe. Juvenile mirrors the needs of the adult population. There are limited resources to provide services. She asked about the contrast of having to matrix out of the adult jail and having to transport. It would cost $9 million to build a new facility. It would cost maybe $10 million to increase the adult jail, but that would just meet the need for beds. She wants to evaluate both needs and figure out how to switch things around to meet both needs. Chair DeBone stated that the problems are the costs for juvenile, and a currently bad situation for adults. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 6of11 Commissioner Unger said if going down a path of having a pod by the jail for $10 million, how to meet that need faster and address the unused space in juvenile, and find a more cost-effective way to handle juvenile issues. Funding is going down and they have to make harder choices. They are stuck with fixed costs for detention, which puts pressure on other programs. Mr. Hales stated that he recognizes there are difficult choices. The report should give the Board some good information. It is a system and has to be balanced, and all components need to be effective. He asserts that juvenile detention is an important component. He and his staff will provide the best possible level of service, given resources. Above all else, it needs to be done safely. Public policy is another issue, which ultimately rests with the Board. Commissioners Baney asked why the youth here have a longer length of stay. Mr. Hales replied that some are at five days. Every kid has to be held for a detention hearing. 80% are released. This is directly related to how tight the front door is. Those are the ones who end up staying, the more serious offenders. They are trying to work this out faster at the court level. Commissioner Baney asked if there are any investments that can be made to help reduce this population. Ms. Chinn said that there is not much they can do. Diversion is not going to work for most of them. There is already a wait for a psych evaluation. They always look at ways to keep these youth out of secure detention, but it is not always realistic. You want to help those who can maybe get out of that cycle, but it is hard to find placement. Mr. Hales noted that they could allow fewer hours for officers to bring in kids, and let assault cases go. But this makes it very hard on law enforcement. Commissioner Baney said that maybe they can ask the cities to share the cost. She would like to specifically address the need for foster homes. Mr. Hales stated that if intake was disproportional, he would wonder what is different. This is not the case. The County is more restrictive. They use foster care but cannot do this as an alternative to detention. For example, tomorrow night a police officer is going to bring in a kid, and staff will need to decide whether to let another one out. That one is at risk of doing something inappropriate. Things might go along okay until something really bad happens. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 7 of 11 Commissioner DeBone wondered if there is a way to reduce operational costs through capital investment, such as rearranging floor space, or adding more rooms; what would be the effect on operations. Mr. Hales replied that he has not talked with an architect about this. It depends on the cost. If it is too expensive, it wouldn't make sense. Susan Ross noted that this concept was brought up; not a design, but a program. Beds would fit, but it does not make a lot of sense to put more detail into it at this point. Chair DeBone asked if there is a magic number or way to create more operational efficiencies, such as in the work release center. Mr. Hales stated that for 10 to 12 kids, it is more efficient than 14 or more. Tom Anderson said that they need to consider the Sheriff's Office and transitioning, moving inmates around. If the Board decides something does not work well later, a longer-term look at an expanded jail needs to be considered. Mr. Hales added that there are other logistical things to consider as well, such as where to hold them for court, equipment and supplies, and a secure perimeter. Commissioner Baney said that she thinks options 1 and 2 need to be off the table. Chair DeBone asked if they could get to something else through option 2. Ms. Ross stated that there is not enough of a footprint for more. Commissioner Baney said there are five total options, including contracting all youth out. Option 1 is a no; option 2 is a no. Commissioner Unger said option 4 is a no; they don't need a new, regional center. Commissioner Baney stated that Crook County would buy a bed, but this is not a lot of help. The work center was a regional work release center at one time, but did not end up staying that way. Erik Kropp noted that other agencies just want to rent a bed when it is needed. Commissioner Baney asked if there is something more workable for the work release center. Ms. Ross said they would have to detail with the details of design, and it would take perhaps a month to get to a concept, and two or three months for construction plans. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 8 of 11 Commissioner Unger said that they have made a commitment to the Sheriff to handle jail operational needs as quickly as possible, with a July 1 changeover. This does not get them there. Option 3 gives a facility that does not change much, but there is room for change in the future. There would be challenges with a 12-bed facility, but they should invest in other options to help youth through programs. They have to look to the future on how to operate government cheaper. They have to have detention at the cost of other programs. Commissioner Baney said she is hopeful for that layout. Maybe they could squeeze 14 in that space. Ms. Ross stated that the per diem costs would be two to three times higher than they are now. Ms. Chinn noted that all are conceptual. It would be $550 per day per youth, versus $300 now. There is a high cost per unit of service regardless. Mr. Hales said he could build into that space to allow for programs and other needs. He would try to get the number up as high as reasonable. Judge Alta Brady asked to speak. She said that the steering committee agreed that this information is very accurate. Whether they change to 10 or 12 beds, short or long term, or if there is a philosophical change in how youth are handled, these are serious offenders. This is not a group helped by programs. These are Measure 11 kids. If they were adults, they'd be in jail for seven or more years. These are sex offenders or others with serious issues. If the number goes down to 10, this has a severe impact. Long-term, in two years they may need more than 12 or 14. The Court is concerned about what short-term means. It is not a good idea to look at short-term and not consider the long-term. The current facility can accommodate these youth now and more later. Considering the cost of remodeling and moving on a short-term basis, they could have given the Sheriff 144 beds for the same cost. She requested that the Board look closely at the underlying policy regarding the category of youth that must be in detention. Commissioner Baney stated that this is a difficult decision and they don't want to see unintended consequences. The adult expansion was only for beds, not for a kitchen or laundry facility. They need to address the OMNI report that says they should already have 900 beds and not just 228. This won't solve all the issues. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 9 of 11 Judge Brady noted that the proposed changes don't solve either problem even short-term. Chair DeBone said they started out with $10 million and got to where they are now. People voted against a $40 million expansion solution. He wants to see the community behind whatever they do. Commissioner Baney asked that they find out whether the work center might be a viable option, for 10, 12 or 14 beds. Commissioner Unger asked how this problem is handled in other places. Ms. Chinn replied that it is expensive everywhere. The certainty is that they need a good continuum of services. The discussion concluded at 3:35 p.m. 2. Other Items. Mr. Kropp said that a draft Order for the Judy Dawson Step 4 grievance has been drafted for review and signature. Legal Counsel recommended this be done through a Board Order. UNGER: Move signature of the Order as drafted. BANEY: Second. VOTE: LINGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Commissioner DeBone asked if there is any way to communicate on a casual basis with the union representative to talk about this kind of thing. Mr. Kropp said that it might be okay except during union negotiations, but the Commissioners don't want people coming to them direct for personnel issues. This is part of the reason there is not much merit in the grievances presented. AFSCME is required to file a grievance if an employee asks that it be done. The Board is meeting at 8:30 a.m. on December 20 to do an annual jail inspection. Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 10 of 11 The work session on Thursday is to address the Pronghorn agreement. It was to be final today but isn't ready. Legal Counsel is optimistic it will be ready by Thursday, but needs to be done before the end of the year. A brief discussion took place regarding the State Office of Emergency Management and FEMA grant status. They are still trying to resolve some of the issues, but there is little flexibility offered by the OEM. Being no further discussion, the meeting adjourned at 3:55 p.m. 013 DATED this Day of .29-12 for the Deschutes County Board of Commissi ne s. Anthony DeBone, Chair V V OA/L ATTEST: b&" 64tA,--- Recording Secretary Alan Unger, Vice Chair Tammy Baney, Commissioner Minutes of Board of Commissioners' Work Session Monday, December 17, 2012 Page 11 of 11 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, DECEMBER 17, 2012 1. Discussion of Juvenile Detention Consultant Report - Ken Hales 2. Other Items PLEASE NOTE; At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 191660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. ti Ol N CN 0 N A C O i N l ~ H I -44 i I I I ' I I N~I, II C O L O C~ s as O .v ~ Cl) U) -a > 4) ~z LL a Z O o z o uJ co Cl) a)U W Ul- w a a w 0 Q) W a U E N A N ■ V♦ W A~ 7 O ■0 7 L Q W O N C m L- 0 V 7 N a~ a E E 0 U a 0 U h N 7 w CD U Q U] V C a1 C C Q. 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