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2013-1065-Minutes for Meeting April 01,2013 Recorded 7/16/2013COUNTY OFFIC14L NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2013.1065 11111111 t COMMISSIONERS' JOURNAL 01~16/Z013 08:02: 13 AM I I IIIIII 1111111 1111 2113-1 0 Do not remove this page from original document. Deschutes County Clerk Certificate Page vTES L` ❑ d DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL MINUTES OF MEETING MONDAY, APRIL 1, 2013 Allen Room County Administration Building, 1300 NW Wall St., Bend, OR Present were Judge Michael Sullivan; Commissioners Tammy Baney and Anthony DeBone; Tom Anderson, Interim County Administrator; Ken Hales and Becky McDonald, Community Corrections; Sheriff Larry Blanton; Marc Mills, Sunriver Service District; Dave Tarbet, Redmond Police Chief; Dave Cook, City of Bend; Donna McClung, Oregon Youth Authority; Patrick Flaherty, District Attorney; Scott Johnson, Health Services; Chief Jeff Sale and Officer Scott Vincent, Bend Police Department; and Jacques DeKalb, defense attorney. Also in attendance were Shelly Smith of the KIDS Center; Mary Anderson of the D.A. 's Office; Capt. Cory Darling and Scott Vincent, Bend Police Department; Roger Olson, NAMI of Central Oregon; Presiding Judge Alta Brady; and six other citizens. 1. Call to Order & Introductions Chair Sullivan opened the meeting at 3:35 p.m., at which time the attendees introduced themselves. 2. January Minutes A motion was made to approve the minutes; seconded, and unanimously approved. Minutes of PSCC Meeting Monday, April 1, 2013 Page 1 of 8 3. Public Comment Marilyn Burwell of Immigrant Family Advocates read a brief statement (a copy of which is attached for reference) regarding Multnomah County's recent change on how they handle immigrant holds. She suggested that Sheriff Blanton look into what Multnomah County is doing, which could result in a lower number of inmates in the jail. 4. Election of Officers Ken Hales said there was one nomination for Chair of PSCC, Judge Sullivan; and one for Vice Chair, Tammy Baney. No others were submitted and there was no further discussion. HALES: Move approval. FLAHERTY: Second. VOTE: Unanimously in favor. 5. Jail Expansion Sheriff Blanton provided an update of this ten-year journey. He thanked all for their help and input, including the Board. It was decided that the best course was a remodel of existing facility. The first phase, costing about $700,000, includes applying for permits, will start in early June. They would be giving up 18 hard beds but gaining six special needs beds with this change. The jail only has one mental health bed now. They may have to rent beds in Jefferson County in the meantime. The Board identified adding 144 beds to the existing facility. These beds and the control room area will cost about $10.2 million. They plan to sell bonds to finance part of this. The debt service is $600,000. They will use the CMGC contracting method; Kirby Nagelhout will help with the general contractor but all work goes out to bid. This will mean employment opportunities and savings. They hope to be finished by the summer of 2014. Minutes of PSCC Meeting Monday, April 1, 2013 Page 2 of 8 There is a ninety-day window for the medical and mental health beds, as this is the most urgent. The major wars and conflicts in recent years have resulted in a lot more need, and they hope to move people through the process more quickly. Sheriff Blanton stated that he wants the County to be able to provide treatment options and other ways to make this work. The Governor has a plan to capitalize state prison beds. This work is being done locally without asking the citizens for additional funds. Citizen member Dave Cook said that the CMGC process works well; in his experience, it is fast and efficient. They would have their own construction manager, and can lock down change orders from the start. Sheriff Blanton stated that they are not building additional storage, a kitchen or sally port. It will be just beds. Jacques DeKalb asked how they will configure the new medical area. Sheriff Blanton responded that they are taking female jail cells that are near the nurse area. They will initially lose some beds and will have to move these individuals to other locations short-term. Tom Anderson said that the timing is good for bonding, with very favorable rates, so they can maximize what can be built. Judge Sullivan thanked the Board and Sheriff for addressing the mental health issues involved. In many places, this is unheard of. He travels for pro tem work, and sees that Deschutes County does a great job in comparison. The other areas are dealing with issues as well as they can, but it is very limited. Commissioner Baney said she attended a meeting where HB 3194, sentencing reform, was discussed. There are a lot of changes in an attempt to reduce the use of state facilities. Deschutes County may be penalized for doing the right thing already. There were a lot of comments regarding reducing the number of beds. This County is already very low in this regard. Equitable funding calculations may not be equitable to Deschutes County because it is already well-managed here. They are incentivizing, which is mildly frustrating since now they'd have to push even further and won't gain the same benefit as some counties that are not doing well now. If they are able to reduce beds, they get incentives. It was hard to listen to this. Minutes of PSCC Meeting Monday, April 1, 2013 Page 3 of 8 Patrick Flaherty noted that it is important for AOC to oppose this House Bill. It is true; and he hopes they don't have to utilize the jail as a prison, but that is the trend as the State shifts even more costs to the counties. They are discouraging effective law enforcement services and would punish the counties that are already doing the best work. This puts the D.A. and law enforcement in a position of having to project the number of murders, etc. Those who continue to provide high-quality work will never see those State funds. Mary Anderson added that it is not an incentive, but a bribe. The $32 million is bribery to back off. In 2010, the Public Safety Committee making these decisions did not have a single law enforcement member. In 2012 they got a couple of spokespersons in, but they are still outnumbered. Mr. Flaherty said that the Commission began to reduce Department of Corrections' costs, but can't look directly at those costs. They looked at Measure 11, low risk offenders, and said Measure 11 was not being applied appropriately. There were supposedly 850 low risk offenders, but this was bogus. Murderer Middlekauf was on the low-risk list. Rather than come publicly to admit they made a mistake, they shifted gears and now came up with a bribe. Sex abuse in the first degree is serious and no one wants that take out of Measure 11. Often these offenders have a long criminal history and are serious offenders, and need to be in prison. The Oregon District Attorneys' Association, Oregon Sheriffs' Association and Police Chiefs' Association oppose HB 3194. Deschutes County will get the short end of this. Ken Hales said there is a lot of confusion. $19 million goes to 1145. The incentive is $13 million. A time study was done which changed this. It is all within the Bill. Sheriff Blanton stated that it is all money that they can't depend on. The State is $600 million upside down. The proposal was very arrogant. This is a non- starter for him. Mary Anderson said that they are telling victims groups to testify on this Bill. Minutes of PSCC Meeting Monday, April 1, 2013 Page 4 of 8 Judge Sullivan stated that they boosted 1145 in the past to keep counties from opting out. Mr. Hales noted that they have to do a time study regarding the cost of Parole & Probation, as required by statute, every five years. The attempt is to recalibrate, but the law does not say they have to do anything. The $19 million was in conflict and came out after the Governor's budget. It is not yet approved. Mr. Hales added that with the incentive program structure, the counties with the worst record have the greatest opportunity to impact those numbers. They may not be able to take advantage of it here. Commissioner Baney stated she is willing to talk about it. This county has nothing to gain because it is already doing well. Mr. Hales added that this also reflects on how well the specialty courts are functioning. Sheriff Blanton noted that AOC thinks it is great. Judge Sullivan said that it goes to the saying, no good deed goes unpunished. But all are doing the right things here, and should continue with what is being done so well. 6. CIT Training Update Police Chief Sale reported on the Crisis Intervention Team training, and that 20- 30% of all law enforcement here has attended. It is going well. They applied for a federal grant for this program and will know if they got it in September. They are also doing an outreach to Umatilla County, who has sent people here for training and hopes to start their own program. If there is a high user of services or someone who is a significant threat to the community, or has had a lot of contact with law enforcement, the multidisciplinary team can get involved and put services within reach of this person. They can identify what is lacking and try to avoid repeat contacts. One big struggle was the ability to share information. HIPAA often hampers the ability to discuss individuals and issues. The only way to get around this is to have a person sign a consent form. This is a big hurdle if a person is delusional or paranoid. Minutes of PSCC Meeting Monday, April 1, 2013 Page 5 of 8 Schools have a safe school alliance with protocols that allow them to identify, reach out and help these individuals. If there is cause to believe there is a threat to the community, the protocols are put into place, and they seem to have good outcomes with those situations. Some of the gaps are with non-traditional situations which may not rise to the safe schools alliance level, but still pose a problem. Office Scott Vincent, a school resource officer at Summit High School, said he is new to the school system and came in with fresh eyes. The system works well if it is a traditional issue. Sometimes there are situations that he could not deal with, that were potentially hazardous. They are trying to come up with ideas. One case involved a 15-year old in lockdown, who was taken in three times for mental health issues in three different places. Law enforcement had responded to his home 38 times. This individual was on a lot of different drugs, had three suicide attempts, and there were ten instances of domestic violence against his parents. The school was unaware of all of this. He is a straight A student and attends school, but has tremendous issues and anxiety and poses a very real threat to the school. There is a lawful obligation to provide education, and he has had no issues at school except being in a fight last year. Another student was violently delusional with hallucinations, specific to one other child. When a student has a mental health issue, that information becomes part of a police report. The student is released to the parents and is advised to see a doctor. He was back in school a few days later. Officer Vincent said he tried to get the safe school alliance program going, but they can't share information. There was another incident with a suicidal student on medication, who was also paranoid, who brought a weapon to school and was suspended. He met with a psychiatrist and was allowed to come back, but chose not to do so. Another was arrested for menacing with a knife, is bipolar and schizophrenic. He was released. Systems are set up for good reasons, but there are always gaps such as how to get appropriate information to the school administrators. Minutes of PSCC Meeting Monday, April 1, 2013 Page 6 of 8 Chief Sale said he has seen two mass shootings in his career. One was at a medical facility, and another one at a high school. As he sees it, law enforcement does a good job at responding. But by the time they get involved, a crime has already occurred. They are not in the prevention business. Most mass shootings occur in schools. Typically a lot of people know a little about the person, and suspected something was not right. These things might be prevented, except for the real or perceived interpretation of privacy laws. He said he would like to put a program together that brings all the players together to figure out how to legally share important information. Commissioner Baney stated they work around what they can at this point. Scott Johnson added that they have to take one case at a time. HIIPAA involves federal law. He appreciates the work towards making this situation better. Sheriff Blanton said that he agrees with this. He had to try to get a bullet after a shooting but the hospital would not release it and said it belonged to the person. HIPAA is well-meaning, but some of the unintended consequences will cost someone their life. Judge Sullivan added that it gets progressively more conservative as time goes on. They could have written protocols that everyone could follow. It is now to the point where it is not safe. There needs to be change at the State level. This can't be the first jurisdiction to deal with this. Chief Sale said that some programs are working on such a program, but this kind of thing typically suffers from a lack of funding. 7. Other Business Commissioner Baney said that she would like to see the PSCC meeting date change to accommodate Judge Brady, who has Family Court on Mondays. BLANTON: Move that the meeting date be the first Tuesday of the month, at the same time and place. FLAHERTY: Second. There was unanimous support. Minutes of PSCC Meeting Monday, April 1, 2013 Page 7 of 8 Being no further items brought before the group, the meeting adjourned at 4:40 p.m. Respectfully submitted, r&Ike_- Bonnie Baker Recording Secretary Attachments • Agenda • Sign-in sheets • Document from Immigrant Family Advocates Minutes of PSCC Meeting Monday, April 1, 2013 Page 8 of 8 DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL ~G~vTES a CO`Z p { .x. MONDAY, APRIL 1, 2013 3:30 PM Allen Room County Administration Building, 1300 NW Wall, Bend, OR ACFNDA I Call to Order & Introductions Judge Sullivan It January Minutes Judge Sullivan Action: Approve January minutes. III Public Comment Judge Sullivan IV Election of Officers Ken Hales Action: Identify nominees and motion to vote V Jail Expansion Sheriff Blanton Advise Council of construction timelines and facility improvements VI CIT Training Update Capt. Cory Darling Bend PD Advice Council of training status VII Other Business Commissioner Baney Announce change of meeting date z z u H W W J O. M O N .L CL 4 I C ~ II I III I I ~ 4 a~ ~ I II 41 0 m Q L v CO v Ca. z z v H W V1 W J CL M O N I a CIO O I bl C C N L w I, ~Iil \ r r ~ I I, 'I I' II 'L 'I 'I I III I II ~ I I 'II ~ I I ~I I I ,00 ~I ! ~ I I I' ' ~ I ~ I rIp v ~ ~'II ~'I ~ ~ I ~ I a I I ~ I a l I ~ , ~ I __11 I O d~ I~ II - ~ I I r~ v 0 0 v v ~o m a '_i From Willamette Week; March 27th, 2013 By ANDREA DAME WOOD Freezing Out ICE The Multnomah County Sheriff will stop honoring immigration holds on low-level offenders. Multnomah County Sheriff Dan Staton plans to start releasing undocumented immigrants brought to his jails for low-level crimes before immigration officials can get their hands on them. The move is a reversal of Staton's previous support of a controversial practice whereby U.S. Immigration and Customs Enforcement orders local jails to hold undocumented immigrants for deportation, no matter how small their alleged crimes. But since 2010, Staton has faced growing pressure from the immigration rights community and, more recently, from the Multnomah County Board of Commissioners, to reject the demands of the immigration agency, known as ICE. Under the Secure Communities program-started in 2008 but continued by the Obama administration jail officials run fingerprint checks through the FBI to identify undocumented immigrants as they are booked into jails. ICE then requests that local authorities hold the inmates for up to two business days until they can be transferred to federal custody. Documents obtained by WW show Staton has agreed to deny ICE access to inmates brought to the jail for nonviolent misdemeanors. "People who have been living in this community for many years are pulled over for something minor like driving without a license," Multnomah County Chairman Jeff Cogen tells WW. "They're getting deported and families are being separated. To me, that's not justice." Staton-who has defended his stance on the ICE program until now-declined to be interviewed by WW. As an elected official, the sheriff doesn't answer to the county board. But Cogen and the other four commissioners control the sheriff's budget and have been echoing community opposition to the ICE program for months. "These modifications will assist in addressing the concerns and requests for changes that have been brought to the sheriff," Staton said in a statement to WW. Staton said the change will "help minimize impacts, and continue to ensure the safety of the citizens of Multnomah County during budgetary struggles facing public safety." The county board is scheduled to vote to support the policy April 4. ' t. In 2012, Multnomah County jail officials identified 1,158 inmates as ICE holds--or about 3.1 percent of the jail's population. Some of those holds occupied jail beds while inmates accused of felonies were let out due to overcrowding. County records show the jail was forced to give early release to 916 inmates last year. In most months when that happened, the jail had an equal or greater number of ICE holds than the prisoners it let go. "It's clear that ICE holds are one of several factors affecting capacity in the jail," Cogen says. "The sheriff needs the flexibility to jail the people he believes are the biggest risk to public safety." Nationally, the program has drawn fire for upending the lives of undocumented immigrants who have been charged with minor crimes-or no crimes at all. Take the case of Miguel Cabrera Cruz, a longtime Portland resident. On Oct. 14, 2011, Cabrera, a day laborer, accused an employer of failing to pay him and jumped into the bed of the man's pickup. The man called police, who charged Cabrera with trespassing and disorderly conduct-misdemeanor charges later reduced to noncriminal violations. Cabrera was held in the Multnomah County Jail until Oct. 19, when he was taken into ICE custody and held in the federal agency's Tacoma, Wash., detention facility. He was later released. The American Civil Liberties Union of Oregon filed suit against the county and sheriff s office in September 2012, arguing that Staton violated a state law that prohibits local police from enforcing federal immigration law if the detainee is not involved in criminal activity. No hearing date has been set for the case. "We're optimistic [the new policies] are a step forward," says Becky Straus, legislative director of the ACLU of Oregon. "But the position in our case is that detainers are not mandatory, and in Oregon, unless the detainer is accompanied by a warrant, as is required under state law, then the detainer is illegal." Cogen says he would prefer to see Staton reject all ICE holds, but the "sheriff didn't feel comfortable with that." Cogen called the new plan, which is still being ironed out, "better than the status quo." ICE maintains that local law enforcement "shall" honor its detention requests to hold undocumented immigrants--a position that's led many local governments to believe their cooperation is required. But other jurisdictions have started refusing, including New York City; Cook County, Ill., which includes Chicago; and California's Santa Clara and Los Angeles counties. None has faced a court test from the federal government. In a draft county resolution obtained by WW, Staton will hold inmates for ICE only if they are suspected undocumented immigrants charged with felonies or Class A misdemeanors involving violent crimes. The sheriff will also honor holds if the feds present an affidavit showing the inmate has been previously convicted of a felony or more than two misdemeanors, or if the inmate has a prior misdemeanor conviction for or is currently charged with a violent crime, sex abuse, driving under the influence of intoxicants, possession of a weapon, or drug dealing.