2014-349-Minutes for Meeting February 04,2014 Recorded 7/1/2014 DESCHUTES
BLANKENSHIP, COUNTY CLERK
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NANCY
COMMISSIONERS' JOURNAL 07/01/2014 10;54;00 AM
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DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
MINUTES OF MEETING
TUESDAY, FEBRUARY 4, 2014
Allen Room, County Administration Building, 1300 NW Wall St., Bend, OR
Present were Judge Alta Brady; Retired Judge Michael Sullivan; County
Administrator Tom Anderson; Alan Unger, Commissioner; Jeff Hall, Court
Administrator; Ken Hales, Community Justice; Sheriff Larry Blanton; Patrick
Flaherty, District Attorney; Scott Johnson and Hillary Saraceno, Health Services;
Dave Cook, citizen member; Capt. Jim Porter, interim Chief, Bend Police
Department; Sonya Littledeer-Evans, Juvenile Community Justice; Donna
McClung, Oregon Youth Authority; Carl Rhodes, Oregon State Police; Deevy
Holcomb, Juvenile Community Justice; Shelley Smith, KIDS Center; Denney
Kelley, Black Butte Ranch Police Department; and citizen Marilyn Burwell.
1. Call to Order & Introductions
Chair Sullivan called the meeting to order at 3:30 p.m., at which time the
attendees introduced themselves. Ken Hales introduced Sonya Littledeer-
Evans, who has just joined the Juvenile Field Services Division.
2. December Minutes & Public Comments
The minutes of the December3, 2013 meeting were moved and seconded, and
unanimously approved.
Minutes of PSCC Meeting Tuesday, February 4, 2014
Page 1 of 5
Under citizen comments, Marilyn Burwell thought the firing of City of Bend
Police Chief Jeff Sale was a bad move. She feels he is a good man.
2. Juvenile Capacity Release Order and Policy
Deevy Holcomb gave a brief overview of the juvenile detention RAI and
release order. This work centers on objectives and making wise decisions if
they are full. Some agencies are deeply involved in the development of the
program.
She went through the basics (see the attached information for reference). She
explained how points are accrued based on the youth's most serious sustained
offense, the scoring criteria, and the risk factors to be considered. There are
collateral risk factors that are known to contribute to youth risk.
These findings are researched-based, but also are reached through consensus
based on the experience of the group. They can override this information in
either direction if it is felt to be appropriate.
Sheriff Blanton asked if they have to be at maximum capacity to enter the
matrix, and if there is a male/female breakdown. Ken Hales replied that their
maximum is sixteen. If they go over this, they may not implement it
immediately, as they might be able to call in short-term help for 48 hours.
There is no breakdown for the male/female population.
Tom Anderson asked if they would use this policy only when they are at
capacity. Ms. Holcomb responded that there are a number of criteria and rules,
most of which come from the juvenile justice information system. They are
working with the State on this, and want to have it automated before
implementation. The hope is to have this accomplished by July.
Judge Sullivan said that citations don't always get into the computer
immediately. He asked if they are confident of how this will work.
Ms. Holcomb stated that it is different from LEDS and others. If a referral is
made to their department, it is included, including juveniles in other areas. It is
generally reliable.
Minutes of PSCC Meeting Tuesday, February 4, 2014
Page 2 of 5
Dave Cook asked if documented threats are a low score. Ms. Holcomb said it is
not neutral, but often relates to anticipated behaviors. The correlation is not as
strong.
Mr. Cook asked about school shootings or other more serious behaviors. Mr.
Hales stated that the group used this for several months and analyzed what
happened with the kids involved. They then correlated that to the report. The
cross-section was big enough. They will implement, and after a period of time,
reconvene the steering committee and review it.
Sheriff Blanton stated they will implement this prior to reconvening. He asked
if it is a matrix for capacity, and whether law enforcement can render a decision
on the street. Ms. Holcomb said that they will calculate this when they are
brought in. There is a good correlation with current policy, but they anticipate a
fraction more to come in. Mr. Hales added that it is not meant to affect street
level discretion.
4. Juvenile Crime Prevention Funds
Mr. Hales said that he understands some members can't articulate an opinion on
current legislation in regard to HB 4134, which changes the allocation of
juvenile crime prevention funding.
The flow chart shows that prior to this session, certain funds were to the State
Commission on Children & Families and other funds came to the counties to
use for social and juvenile justice services.
With the Youth Development Council, there is a new strategy. They are
basically taking over the funds and reissuing them differently. They are no
longer downloading these funds to local governments for services, but from the
State level to the community-based providers, potentially taking local
government out of the picture.
Federal funds will still come to the counties as a pass-through, but $6 million
from the State will be repurposed. In his opinion, this does not serve the
juvenile justice mission.
Minutes of PSCC Meeting Tuesday, February 4, 2014
Page 3 of 5
He is troubled with centralizing the decision-making at the State level, and.
moving the biggest component of State money to educational purposes.
Proponents say there will still be money for prevention, but there won't be
much. The process will become competitive and focus on intervention, and
eastern Oregon will lose out.
He hopes the committee members are supportive of the County, AOC and
others in opposing this Bill. The statutory language that compels these funds
are to go to counties for juvenile services and crime prevention would change to
repurpose the money. Sheriff Blanton noted that the Sheriff's Association is
also in opposition.
5. Other Business
Judge Sullivan stated that as Chair, he received letters sent by an individual,
William Kuhn, regarding a civil matter for PSCC to consider, but he feels it is
not appropriate for this group. He said Mr. Kuhn could ask to talk to the
members about this if they want, but usually they don't get involved in civil
disputes, and some might have to recuse themselves.
He can pass out copies of the letters but does not feel they should take up
someone's individual cause. This has to do with a land use dispute. (Copies of
the letters are attached for reference.)
There is a new interim Police Chief for the City of Bend, Captain Jim Porter.
Judge Sullivan noted that Jeff Sale had a lot of good qualities. Capt. Porter is
moving things ahead and settling in for the next six to eight months.
Sheriff Blanton stated that he is working with the District Attorney's Office and
the Presiding Judge regarding population issues at the jail. They had to release
a couple of pods for inmates with medical or mental health issues. The
population ebbs and flows, and he is working with the Courts and Jefferson
County to handle this.
Capacity in the work center is now at 90, and probably not all of the inmates
now there should be. He has staff to handle this. They are down from 228 to
185 in the adult facility due to remodelin g, which is challenging due to the
nature of the facility. They are ahead of schedule and the budget is on track.
Minutes of PSCC Meeting Tuesday, February 4, 2014
Page 4 of 5
They are dealing with some criminal and probation issues lately. The types of
beds needed depends on the classification of inmates.
The project should be done by June or July, and they will have an open house
and hope to have the PSCC tour it.
Being no further discussion or items brought before the group, the meeting
adjourned at 4:00 p.m.
Respectfully submitted,
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Bonnie Baker
Recording Secretary
Attachments
• Agenda
• Sign-in Sheets
▪ Letters from William Kuhn
• Juvenile Crime Prevention Funding Matrix
• Juvenile Detention Center Form
Minutes of PSCC Meeting Tuesday, February 4, 2014
Page 5 of 5
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
TUESDAY, FEBRUARY 4, 2014 —3:30 P.M.
Allen Room, County Administration Building, 1300 NW Wall St., Bend, OR
AGENDA
I Call to Order & Introductions
Judge Sullivan
II December Minutes Attachment 1
Judge Sullivan
Action: Approve Minutes
III Juvenile Capacity Release Order and Policy Attachment 2
Deevy Holcomb
Brief Council on Juvenile Detention RAI and Release Order
V Juvenile Crime Prevention Funds Attachment 3
Ken Hales
Brief Council on Impact of Proposed Legislation
VI Other Business
Judge Sullivan
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William John Kuhn
Martha Leigh Kuhn
PO Box 5996 Bend, Oregon 97708-5996 Phone: (541) 389-3676
Tuesday 4 February 2014
Delivered via email
Regarding the Public Safety Coordinating Council meeting today
Dear Judge Sullivan,and Nichole Brown,Executive Assistant to Patrick J. Flaherty
I last asked for a few minutes of the Public Safety Coordinating Council's time on 3 May 2010
http://www.dcschutes.org/events/e vent-detaiLa x?F-509%2f5-3_10+Ipsec+minutes+of+mtg.pdf for help regarding law
enforcement coordination issues. Within three hours of our request to the Council a law
enforcement coordinator was appointed and we received a call from the Sheriff's Office at 6 PM
that same evening leading to very positive results within only three months.
Thank you for that help. With the prompt and professional actions by Deputy Jim Whitcomb as
well as other Sheriff's deputies our community is safer, vandalism has been cut way back,the
tannerite bomber was apprehended,and we and our neighbors are confident our concerns will be
promptly addressed. There has also been better coordination with BLM,the USFS, ODF&W,
and our community. We have even been getting signage installed for various physical features
within the Winter Deer Range as an indirect result.
A few of you participating on the Public Safety Coordinating Council might remember that a
couple of years ago I began requesting convening an independent three person panel to conduct
an investigation into the actions of Deschutes County Community Development Department,
County Legal Counsel, the Board of County Commissioners, and certain peripheral actions of
the Sheriff's Office under an earlier Sheriff and the District Attorney's Office under an earlier
District Attorney.
I know it is likely this panel will not happen,but the reasons for my request remain unaddressed.
So I'm bringing it up again.
It is both difficult and somewhat humiliating to keep asking for help. It goes against our belief
that my wife and I are competent, resourceful, and self-reliant citizens.
What we've gone through at the hands of those state and local entities mentioned was,and in
some cases still is, egregious,unnecessary, unconstitutional, and has resulted in devastating
harm.
C.:\Docs\prop65575\DesCoCode\20140204 LPSCC and Judge Sullivan request investigation.doc page 1 2/4/2014 9:14:41 AM
Today,because of Deschutes County's actions,not our actions,my wife and I can't legally sell
our home and property,can't acquire any permits from the County, can't meet the requirement
for a signed homeowners' agreement in spite of our spending hundreds of thousands of dollars
and countless hours of effort before various judicial tribunals struggling to achieve that crucial
agreement.
While I'm not going to go into specific events, I want you all to know that still, after 25 years;
we remain physically unsafe on our own property. We can't enjoy living here,and we can't
properly take care of or protect the very special wildlife property in which we have only half
ownership.
While this is our story, over the years we've heard from others who have had similar experiences
with the County happen to them. It's also on their behalf that I asked to speak to you today.
We're asking to have either a three person panel created or an ombudsman appointed that would
have,possibly the power to subpoena,but definitely the power to investigate and render advisory
recommendations for citizens who have been subjected to governmental abuse of power. This
panel or person absolutely would not be under the authority or direct funding of Deschutes
County.
Thank you for considering our request,
414. L idJ
William John Kuhn and Martha Leigh Kuhn
C:\Docs\prop65575\DesCoCode\20140204 LPSCC and Judge Sullivan request investigation.doc page 2 2/4/2014 9:14:41 AM
August 10, 2012
To the Board of County Commissioners
Deschutes County Service Center
1300 NW Wall Street, 2nd Floor
Bend, Oregon 97701
Dear Deschutes County Commission,
William and Leigh Kuhn have asked me for my observations on how
the county has dealt with the Kuhn's property situation over time from
my perspective as a real estate agent and friend.
I'm quite familiar with the property they bought in 1987, both before
they purchased and afterward. I've hiked and ridden my horse over
that entire area since 1970. I know what the original intent was for
that land. I was a member of the original group discussing what
became the Tumalo Winter Deer Range study area.
The Bartons (John Barton sold William and Leigh their parcel) had a
vision and worked with ODF&W to reduce the human impact on the
wildlife habitat. The Kuhns were aware of this history when they
purchased. They honored both the letter and the intent of the Winter
Deer Range in all stages of their building and land use process.
The difficulties began when Jeff and Pat Dowell purchased into the
cluster.
I sat through and spoke at several hearings and witnessed the
contortions the county made on behalf of the Dowells. What the Kuhns
have gone through to preserve and protect their deed restrictions, the
county ordinances, the state statutes in Senate Bill 100, and the
wildlife use of their land, was demeaning, unbalanced, and
overreaching.
The cost to the Kuhns in real dollars, their time, their health and well-
being has been unconscionable.
The issue for the county to address is that the enforceability of
building lines on plat maps appears to be jeopardized by the ruling of
the Board of County Commissioners reversal of the decision of a
Hearings Officer's ruling (A-07-9 and A-09-4) on the Dowell building
line.
The County's decisions appear to be punishing the Kuhns,
unreasonable, slanted, and dishonoring of the intent for wildlife
corridor preservation.
Sincerely,
Clretc
Patricia Gainsforth
cc: William & Leigh Kuhn
- Attachment 3
Prior at Risk&Juvenile Crime Prevention Funding
and
Post Youth Development Council Funding
Appropriation
I[•' Title XX Youth Investment$6.4M
State Agency
i• Juvenile Crime Prevention$9.7M
• Gang-Involved Youth$1M County Commissions($18M)
• Community Schools$0.1M
• Casey Family Programs$0.9M
County CCF,DHS,Other —�
/_,_---
• Title XX Youth Investment
• Community Schools
• Casey Family Programs
County Juvenile Departments
/
I• Title XX Youth Investment
• Juvenile Crime Prevention
• Gang-Involved Youth
Appropriation State Agency
................................
• Title XX Youth Investment$6.4M • Community Grants$12M
• Juvenile Crime Prevention$9.7M
• Juvenile Crime Prevention$3.6M
• Gang-Involved Youth$1M -.._._
• Gang-Involved Youth$0.75M
• Community Schools$0.1M • Youth Innovation$1.6M
• Casey Family Programs$0.9M
Local Community Based Service Providers --
A
• Community Grants
• Juvenile Crime Prevention
• Gang-Involved Youth
• Youth Innovation
County DHS,Juvenile,Other
• Community Schools
Local Counties
• Casey Family Programs _—•—._ , $4.4M to limited
• JABG Pass Through counties
Deschutes County Juvenile Detention Center
JSA 101.1 Risk Assessment Instrument (effective 12/1/13 [JJIS test period])
Date Presented for Detention Admission:
Youth Name DOB II. JJIS#
c` ]t N 1 \'\\,,\'t' \\ �\�\'�, ,,,Y,,,4 ,,,,\, 4 \\\ir.. '"\\ \
Measure 11 Offense (list offense here): Detain / no RAI
Out of State Runaway Detain / no RAI
Public Safety Detainer: (list offense here) Detain / no RAI
Warrant Detain /no RAI
OYA Parole Violation Detain / no RAI
Court Order/Sanction Detain /Continue RAI
A Fel—Person +10
A Fel—Non-person +9
B Fel —Person +8
B Fel—Non-person +7
C Fel-- Person +6
C Fel— Non-person +5
A Misd — Person +4
A Misd— Non-person and B-C Misdemeanors +2 [ONLY if most serious open allegation
for youth on current prob,CR or C&R]
Most serious offense score range (+2 to+10) Total:
Any law violation referrals within the past year Yes: 0 No: -1
Currently on Probation, Conditional Release or Cite and Release Yes: +2 No: 0
First law violation referral was at age 16 or older Yes: -1 No: 0
Instant offense is first law violation referral Yes: -1 No: 0
Multiple victims in instant offense or any open case Yes: +1 No: 0
Two or more verified FTA's within the past year: Dates: - Yes: +4 No: 0
Two or more verified RAW's within the past year: Dates: Yes: +2 No: 0
Victim resides where youth would be placed Yes: +2 No: 0
Youth enrolled in school: (school name here: ) Yes: -1 No: +1
Youth has made documented threats to victims in instant offense Yes: +1 No: 0
Youth represents harm to self(see questions) Yes: +1 No: 0
Collateral risk score range (-4 to+14) Total:
Total Risk Score (-2 to+24) Final Score:
PART 3t DECISION.
INDICATED: ❑ 6+: DETAIN ❑ -2 TO+5: RELEASE ACTUAL: ❑ DETAIN ❑ RELEASE
PART 4:OVERRIDE OF APPLICABLE)
OVERRIDE TO ❑ DETAIN ❑ RELEASE
❑ No release option❑ Aggravating criteria per SOP: [] Mitigating criteria per SOP:
Assessor (Print): Signature:
Supervisor (For Override): Signature: