2014-561-Minutes for Meeting August 05,2014 Recorded 12/16/2014 DESCHUTES
NANCY BLANKENSHIP,FCOUNTY CLERK
DS CJ 2014.561
COMMISSIONERS' JOURNAL 12/16/2014 11:32:57 AM
IIIIIIIJIIIIUIIIIIIIIII 111111
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Gar�YFS LOG
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
TUESDAY, AUGUST 5, 2014
Allen Room, Deschutes Services Building
MINUTES OF MEETING
1. Call to Order & Introductions
Judge Michael Sullivan opened the meeting at 3:30 p.m.
Present were Judges Alta Brady and Michael Sullivan; Commissioner Tammy
Baney; Capt. Erik Utter of the Sheriff's Office; Chief Jim Porter and Capt.
Corey Darling City of Bend Police Department; Tom Anderson, County
Administrator; Ken Hales, Community Corrections; Tanner Wark, Parole &
Probation; Jacques DeKalb, Defense Attorney; Patrick Flaherty, District
Attorney; Chief Dave Tarbet, Redmond Police Department; Jane Smilie and
DeAnn Carr, Health Department; Dave Givans, Internal Auditor; Dirk
VanHouweling, Citizen; Erik Utter, Sheriff's Office; Steve Gunnels, District
Attorney's Office; Roger Olsen of NAMI, Deevy Holcomb and Sonya
Littledeer Evans, Juvenile Community Justice; Marilyn Burwell and Janet
Whitney of the Peace and Justice Team; Sharon Ross, County Administration;
and a media representative of KTVZ TV.
Marilyn Burwell, representing the Peace & Justice Team of First the
Presbyterian Church, read a story about an immigrant called Esther (a copy of
the statement is attached for reference).
Minutes of PSCC Meeting Tuesday, August 5, 2014
Page 1 of 5
She inquired as to how many such "Esthers" end up appearing in court. These
cases could be unjust, and she feels Measure 88 needs to be officially
supported. She said there is a form available from the Secretary of State to
make this statement as an individual or a group.
Judge Sullivan said individual members can take a stand any way they want,
but this is not something PSCC will ask the Board of Commissioners to support
at this time. He said, however, that he understands the dilemma.
No other citizen input was offered.
2. June 2014 Minutes
Jacques DeKalb move approval and Patrick Flaherty seconded, and the minutes
were unanimously approved.
3. FY 2015 Community Corrections Plan
Ken Hales gave an overview of the current Plan, which is similar to the
previous one, except for the addition of the justice reinvestment funding
programs. There are some differences in projected revenue from fines and fees.
The planning documents, which are standardized by the State, do not show a
specific program for therapy since it is not listed separately. Other than these
changes, the plan is the same. He recommended that this be presented to the
Board of Commissioners for approval.
There were no questions or concerns about the plan. Judge Sullivan said he
feels the program and plan are doing well. It involves a lot of hard work, and
there are many people doing better because of it.
Judge Brady moved approval; Mr. DeKalb seconded; and approval was
unanimous.
4. Juvenile Detention Risk Assessment Implementation
Deevy Holcomb said she spoke about this in January, and many agencies have
representatives involved in this process. (She referred to a handout.)
Minutes of PSCC Meeting Tuesday, August 5, 2014
Page 2 of 5
The Juvenile Department will be implementing a risk assessment tool that will
involve law enforcement. It includes front-end decision-making for admission,
using various factors to analyze the situation. There would also be override
capabilities based on statute and community input.
They would detain based on the score severity of the offense, aggravating
factors and other issues. Non-statutory can be used based on community
consensus and evidence. Some of these might be failure to appear, runaway,
the number of victims, where the incident took place, threats to the victim, prior
or recent criminal history, and chronic criminal history even if low level. They
can also consider suicide idealization and general instability.
Mitigating factors could be something in the youth's favor, such as being in
school, being productive, or age at the time of the offense.
She will contact representatives of the committee to try to put together a five-
minute presentation to agencies. The goal is to work towards the process being
streamlined and clear, based on evidence and community concerns.
Judge Sullivan asked if this tends to go up and down. Ms. Holcomb replied that
a slight increase is apparent, but as a rule they don't screen non-person felonies.
They are looking at a few additional youth. Officers in the field can also
provide input as to whether they feel a youth is detainable. They may not end
up holding the person, depending on the score, but will take responsibility for
this decision.
Mr. Hales noted that the committee includes a representative of Bend Police
Department, the District Attorney, Health Services and DHS.
Judge Sullivan asked what the population is. Ms. Holcomb replied that there
are typically 12 or 13, and some from other counties. Mr. Hales noted that the
count is higher in winter and there might be a few days when they are over
capacity. They are usually able to manage.
Judge Brady said this has been a thoughtful process. It was brought to the
judges, then revised, and is an excellent process to make sure kids who need to
be detained are.
Minutes of PSCC Meeting Tuesday, August 5, 2014
Page 3 of 5
Mr. Hales stated that they are doing a good job of researching information on
the current kids, and added suicide as a risk factor. Ms. Holcomb added that the
evidence-based process needs to be continually monitored. They will
reevaluate this process as needed about every six months, or as needed. It will
improve over time.
Judge Sullivan asked if there is a threat of suicide and the youth is not detained,
whether there is a referral for treatment. Mr. Hales replied that a lot of thought
went into this, and they continue to develop a referral system, and also send a
letter to the parents so they can be properly informed of available resources.
Ms. Holcomb added that this is addressed in an effective way that is not overly
disturbing. They want to make sure the proper referrals are in place as needed.
Dave Cook said that he appreciates the clarification, since continuity of services
is important.
5. Hosted Meetings Schedule
Mr. Hales brought up the plan of rotating the venue of meetings. He developed
a schedule that takes them out to spring of 2018. Of course, he expects some
variations. He will let agencies know to make plans well ahead of time.
Judge Sullivan asked if September 2 was going to work for the Sheriff at the
Jail. Mr. Hales said that he was told that might be a good window, before
moving inmates in. Judge Sullivan stated that he does not want to put any
agency into a bind. The group felt it was acceptable in concept.
6. Other Business
Judge Brady said they have hired a release officer after three rounds of
interviews. The person starts the end of August. They went to the jail to see
clientele and conduct a mock release process.
Generally at the first appearance there is no information. This will help with
the release from jail and everyone being on the same page. This process will
have an impact on the pre-trial process, and could impact pre-trial holds. They
need a long-term risk assessment process and to find best practices, perhaps
with some authority to make release decisions at some point. The Sheriff
funded this to help everyone out.
Minutes of PSCC Meeting Tuesday, August 5, 2014
Page 4 of 5
Jacques DeKalb stated this could be of great assistance to the defense attorney.
It helps with background checks and dealing with the court. He is looking
forward to having this officer on board.
Judge Sullivan asked if this would affect the authority of anyone in the jail in
regard to releases. Judge Brady stated that deputies can still make certain
decisions. The Sheriff takes this seriously. It would be an addition to the
process. Capt. Erik Utter said he appreciates hearing this from the judicial side.
There are always some gray areas to work through.
Judge Sullivan noted that in regard to medical issues, which are not used often,
a judge needs to make an appropriate decision. Capt. Utter said that with the
expansion project, they will be able to enhance the medical part of it, and may
even be able to eliminate some of the need in some of these circumstances.
Tom Anderson said that the new 9-1-1 Director has been hired, Steve Reinke,
who starts on September 2. He has a top-shelf background; he retired early but
wants to be back in action. He has had extraordinarily good liaisons in the past.
Judge Sullivan stated he had jury duty recently, and it reaffirmed his belief in the
system.
Being no other discussion, Judge Sullivan adjourned the meeting at 4:05 p.m.
Respectfully submitted,
67444,tzu
Bonnie Baker
Recording Secretary
Attachments
• Agenda
▪ Citizen Burwell Letter
• Community Corrections Plan Cover Letter
• Juvenile Detention Center Risk Assessment Instrument
• Tentative Hosted Meetings Schedule
Minutes of PSCC Meeting Tuesday, August 5, 2014
Page 5 of 5
DESCHUTES COUNTY
PUBLIC SAFETY COORDINATING COUNCIL
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o
Tuesday August 5, 2014 - 3:30 PM
Allen Room, Deschutes County Services Building
1300 NW Wall,Bend,OR
Agenda
I Call to Order& Introductions
Chair Sullivan
II June Minutes Attachment 1
Chair Sullivan
Action: Approve June minutes
III
FY 2015 Community Corrections Plan Attachments 2
Ken Hales
Action: Recommend submission of FY 2015 annual plan
IV Juvenile Detention Risk Assessment Implementation Attachment 3
Deevy Holcomb
Brief Council on implantation status
V Hosted Meetings Schedule Attachment 4
Ken Hales
Presents tentative schedule for hosted meetings
VII Other Business
Judge Sullivan
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Statement to LPSCC,August 5,2014
This is a true story about a Latina that I will call Esther. Esther is an undocumented, single mom
with three children. She must drive a car in order to earn a living. She makes her living by
cleaning 9 homes and a few offices. She also uses a commercial kitchen to prepare Mexican
food for local festivals. She prepares this food late at night.
She has been picked up by the Bend Police at least twice late at night. Once for a broken tail
light and once because the officer said her eyes looked funny. Because Esther is undocumented,
she cannot apply for an Oregon Drivers' license, so both of these stops resulted in appearances in
the Municipal Court for driving without a license.
Three church members went with Esther for one of these Municipal Court hearings. The judge
was as kind as she could be and reduced the fine to about $200. Esther paid with a credit card.
Esther tries not to drive. We saw her walking to the grocery store in the heat last Sunday.
LPSCC should ask the Municipal Court for statistics concerning how many "Esthers" appear
before that court. I believe there are many.
If you believe that this situation to be unjust, couldn't you, either as members of LPSCC, or as
individuals, officially support Measure 88—The Oregon Drivers' Card on the November ballot?
Thanks, Marilyn Burwell, mburwcl l u riousa.com
[To support Measure 88, contact Amanda Aguilar Shank at the Rural Organizing Project
<amanda @rop.org>]
Vote YES on Measure 88—the Oregon Drivers' Card
Measure 88 is needed because partisan gridlock back in Washington, D.C. has repeatedly failed to
address our broken immigration system. Recently Congress announced it has no intention of even trying
to fix federal immigration laws this year.
Oregon can't wait any longer. Instead of waiting for politicians in Congress to act, we have the chance
to implement a limited, common-sense measure that will allow undocumented Oregon residents to apply
for an Oregon Drivers' Card. Just like anyone else, such residents will have to take and pass written and
behind-the-wheel tests in order to qualify for the Oregon Drivers' Card. This will result in safer roads for
all of us, and there will also be fewer uninsured drivers.
Before drivers' license privileges were rescinded there were 80,000 Latinos with drivers' licenses. The
neighboring states of California and Washington allow undocumented residents to have drivers' licenses.
Undocumented Oregonians are our neighbors, co-workers and friends. They work hard and pay millions
of dollars in taxes—including gas taxes(used to repair roads)—that flow into Oregon's budget. It's only
fair that we fix this problem by ensuring a safe, legal way for thousands of Oregonians to drive with
permission, while contributing to our economy and communities.
Driver Card with Limits
Law Enforcement worked closely with Oregon's lawmakers to draft Measure 88. This law is a safety
issue involving permission to drive only. The Oregon Drivers' Card cannot be used for things like
boarding a plane, registering to vote or obtaining government benefits.
Deadline for endorsement is August 15th: Amanda Aguilar Shank amandagrop.org, at the Rural
Organizing Project
Secretary of State Elections Division 1 255 Capitol St.NE,Suite 501,Salem,OR 97310 I p.503.986.1518 I f.503.373.74141 www.oregonvotes.gov 444
SEL 400: Statement of Endorsement for State Voters' Pamphlet rev 1/12:0140 251.049
w
Instructions
If the name of the person or organization is used in your argument/statement as supporting or endorsing
the argument/statement, you must either:
Use the name of the person or organization with a quotation made by the person on behalf of the person or by an
authorized person on behalf of an organization. The quotation must have been disseminated to the public prior
to its inclusion in the argument/statement and it must be identified in the argument/statement by its source and date
(such as the name of the newspaper in which it appeared) and date of dissemination/publication. Examples for
identifying the source of a quote are:
James Joyce, The Oregonian, 1/22/90
Bob Dole, Time Magazine, July 7, 1997
John F. Kennedy, Profiles in Courage, 1960
or
2 File a Statement of Endorsement(SEL 400) signed by the person, or by an authorized person on behalf of an
organization, stating that the person consents to the use of the name of the person or organization in the argument/
statement. An organization's name should only be used if the organization is endorsing the argument/statement.
This Statement of Endorsement (SEL 400) should be filed with the argument/statement it relates to and must be filed
no later than the Voters' Pamphlet filing deadline.
Example 1
Argument/Statement Language
The following sheriff supports Measure 99: Bill Smith Klamath County
White space on reverse side of form should then contain the following:
Bill Smith, Klamath County Sheriff
Example 2
Argument/Statement Language
The Klamath Falls City Council unanimously endorses this measure
White space on reverse side of form should then contain the following:
Klamath Falls City Council (note: each councilor must sign an SEL 400 form)
Statement of Endorsement
If a Statement of Endorsement is not received, the person or organization whose name is mentioned will be edited
from the statement or argument_ If the information contained in the endorsement designation box on this form
does not match what is printed in the argument/statement, the argument/statement will be edited to match the
Statement of Endorsement form.
2012 Voters'Pamphlet Filing Deadlines
Primary Election March 6, 2012 at 5pm General Election August 28, 2012 at 5pm
please complete and sign the form on the back of this page SEL 400
Deschutes County Juvenile Detention Center
Risk Assessment Instrument (effective 12/1/13 [JJIS test period])
Date Presented for Detention Admission:
Youth Name DOB JJIS# 1
PART I:Most Serious Open/Pending Offense Circle Highest Applicable
(Just one unless otherwise noted)
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 CU]
Most serious offense score range(+2 to+10) Total:
PART 2:Collateral Risk Factors Circle correct answers 4;
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 ETA'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 3:DECISION.
INDICATED: ❑ 6+: DETAIN ❑ -2 TO+5: RELEASE ACTUAL: ❑ DETAIN ❑ RELEASE
PART 4: OVERRIDE(IF APPLICABLE)
OVERRIDE TO ❑ DETAIN ❑ RELEASE
❑ No release option❑ Aggravating criteria per SOP: ❑ Mitigating criteria per SOP:
Assessor (Print): Signature:
Supervisor(For Override): Signature:
Att. 2
v-
x`001,4" Deschutes County Public Safety Coordinating Council
0 e, ec "\< 1300 NW Wall,Bend,OR
Judge Michael Sullivan(Chair) August 5, 2014
Citizen Appointee
Tammy Bantry(Vice-chair)
County Commissioner
Tom Anderson Deschutes County Board of Commissioners
County Administrator 1300 NW Wall Street
Larry Blanton Bend, OR 97701
Sheriff
Dave Cook Re: 2014-2015 Deschutes County Community Corrections Plan
Citizen Appointee
Jacque DeKalb Dear County Commissioners:
Defense Attorney
Patrick Flaherty please find a copy of the Deschutes County Community
District Attorney Corrections Plan for the period of July 1, 2014 through June 30, 2015.
J.Kenneth Hales Our Local Public Safety Coordinating Council reviewed and approved
Community Justice Dir. the plan at its August 5, 2014 meeting.
Jane Smllle
Health Services Dir. The Plan describes a comprehensive array of services utilizing a
Jeff Hall combination of state dollars, county funds and revenue generated from
Court Administrator offender fees. It appears that this plan provides for a solid utilization of
Donna McClung Oregon Department Corrections dollars for the next biennium.
Oregon Youth Authority
Scott Ramsey LPSCC understands that there is some flexibility in regard to
Bend City Counselor implementation of the Plan over the next year and that the Plan may be
Lt.Carl Rhodes modified to meet changing circumstances and conditions that may occur
Oregon State Police during this period. It is the recommendation of LPSCC that the Board
Jett Sale of County Commissioners formally adopt the Plan.
Chief of Police,Bend
Dave Tarbot Sincerely,
Chief of Police,Redmond
Shelly Smith
Citizen Appointee
TonyaeBone Michael C. Sullivan, Chair
Commissioner/Alternate Local Public Safety Coordinating Council
Enc.
Council Secretary Bonnie Baker(541)388-6572; Bonnie.Bakerlcdeschutes.org;
Deschutes County Juvenile Detention Center
Risk Assessment Instrument (effective 12/1/13 [JJIS test period])
Date Presented for Detention Admission:
Youth Name DOB JJIS#
PART I:Most Serious Open/Pending Offense Circle Highest Applicable
(Just one unless otherwise noted).
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&RI
Most serious offense score range (+2 to+10) Total:
PART 2:Collateral Risk Factors Circle correct answers
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 3:DECISION.
INDICATED: ❑ 6+: DETAIN ❑ -2 TO+5: RELEASE ACTUAL: ❑ DETAIN ❑ RELEASE
PART 4:OVERRIDE (IF APPLICABLE)
OVERRIDE TO ❑ DETAIN ❑ RELEASE
❑ No release option❑ Aggravating criteria per SOP: ❑ Mitigating criteria per SOP:
Assessor (Print): Signature:
Supervisor (For Override): Signature:
Att. 3
July 2014 LPSCC Meeting
Juvenile Detention Risk Assessment(RAI) Implementation
Background:
Detention can reduce immediate risk of offending and failure to appear in court most effectively and
efficiently when it assesses the risk (likelihood to reoffend or fail to appear in court) of pre-
adjudicatory youth. The juvenile division reduced detention capacity in 2013 and needed an
objective, structured decision making tool to guide a capacity release ("matrix")protocol if needed.
In June 2013, the juvenile division pulled together key public safety stakeholders to build a
consensus- and evidence-based risk assessment instrument (RAI)to guide detention admission and
capacity release decisions. In January 2014, the circuit court authorized capacity release based on
the RAI, currently being used after admission only. By September 2014, the RAI will be used to
make admission or release decisions and replace current intake policy and procedure. The juvenile
division will provide the new criteria and procedure to all LEOs in August and September during
patrol shift briefings.
Risk Assessment Instrument (RAI):
: All A Person
Felonies reach detain threshold; M11,
Offense Warrants, Parole Violations and
Aggravating Severity defined Public Safety Detainers
risks factors) 1+2-+lo) - automatically detained
- _10-r14)
Include PTA/Run
, Mitigating t history; victim concerns,prior and/or
' factors I
111 recent criminal activity, suicide
\ (-+-o)
ideation
Mitigating factors: Include current
school enrollment, no prior criminal
history, I6*at first offense
-2 to +5 = Release +6 to +24 = Detain
Intake Screening Procedure:
LEOs bring any warrant, OYA parole violator, youth on probation or conditional release with any
offense, or new youth with a detainable offense to detention. Intake staff will screen and admit, or
assume responsibility for cite and release process, based on the RAI or community values described
in override criteria.
Capacity Release Procedure:
The circuit court has provided a blanket order authorizing capacity release by detention manager,
based on the juvenile's RAI score and/or community values described in override criteria.
Att. 4
Tentative
Deschutes County Local Public Safety Coordinating Council
Hosted Meetings Schedule
9/2/14 Sheriff Larry Blanton County Jail
12/2/15 Community Justice Director Ken Hales Juvenile Community Justice Building
3/3/15 Bend Chief of Police Jim Porter Bend Police Dept. Headquarters
6/2/15 Community Justice Director Ken Hales Parole & Probation Programs Bldg.
9/1/15 Presiding Judge Alta Brady Judicial Center
12/1/16 Redmond Chief of Police Dave Tarbet Redmond Police Dept. Headquarters
3/1/16 Bend City Councilor Scott Ramsay City Hall
6/7/16 OSP Area Commander Lt. Carl Rhodes OSP Area Headquarters
9/6/16 District Attorney John Hummel Courthouse
1/1/17 Health Department Director Jane Smiley Health Services Building
4/1/17 Sara Crosswhite Interim 911 Services Dir. 911 Center
7/1/17 Commissioner Tammy Baney North County Services Building
10/1/17 OYA Field Services Mgr. Donna McClung TBD
1/1/18 Kids Center Director Shelly Smith TBD
4/1/18 Jacques DeKalb TBD