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Home My WebLink AboutOrdinance 006 - Corrections Supervisory Auth BoardDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 2, 2013 DATE: December 26,2012 FROM: Darryl Nakahira Department: Sheriffs Office Phone: 541-617-3369 TITLE OF AGENDA ITEM: Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance No. 2013-006, Amending County Code Chapter 2.54 Deschutes County Corrections Supervisory Authority Board. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Code (DCC) 2.54 sets policy and procedure for the County to operate corrections supervision services and custodial facilities within Deschutes County pursuant to ORS 144.087. The current version ofDCC 2.54.30 does not specify tenns of service or length of service for elector members. The Deschutes County Sheriff's Office recommends that County Code 2.54.30 include the additional language: Elector members will serve a term of two years. The Sheriff may extend the term based on the needs of the Sheriffs Office and SAB. Electors may apply to serve an additional term after two years have passed since the completion of their service. The Sheriff has the discretion to remove an elector member at any time if removal of the elector member is in the interest of the Sheriffs Office and SAB. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Deschutes County Sheriffs Office recommends the Board conduct the First reading by title only at this meeting and the Second reading by title only and adoption of Ordinance 2012-006 at the meeting on January 2, 2013 or a near future meeting. ATTENDANCE: Darryl Nakahira, Sheriff's Office Legal Counsel DISTRIBUTION OF DOCUMENTS: Return signed copy to Darryl Nakahira, Legal Counsel, Deschutes County Sheriff's Office. Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. DATED this __day of________"2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR TAMMY BANEY, VICE-CHAIR ANTHONY DEBONE, COMMISSIONER Date of 1st Reading: __ day _____,2013. Date of 2nd Reading: day ____-" 2013. Record of Adoption Vote Commissioner Yes No Abstained Excused Alan Unger Tammy Baney Anthony DeBone Effective Date: __day of _______, 2013 ATTEST: Recording Secretary 1 I, I PAGE 2 OF 2-ORDfNANCE No. 2013-006 EXHmITA Chapter 2.54. DESCHUTES COUNTY CORRECTIONS SUPERVISORY AUTHORITY BOARD 2.54.010. Board Name. 2.54.020. Purpose. 2.54.030. Board Membership. 2.54.040. Compensation; Expense Reimbursement. 2.54.050. Meetings, Attendance and Quorum. 2.54.060. Powers and Duties. 2.54.070. Conflicts of Interest. 2.54.090. Discretionary Authority. 2.54.010. Board Name. The name of the board shall be the Deschutes County Corrections Supervisory Authority Board, hereinafter referred to as "the SAB." (Ord. 2002-021 §1, 2002; Ord. 97-009 §I, 1997) 2.54.020. Purpose. The purpose of the SAB is to set policy for the Administrative Committee to operate corrections supervision services and custodial facilities within Deschutes County pursuant to ORS 144.087. (Ord. 2002-021 §1, 2002; Ord. 97-009 §1, 1997) 2.54.030. Board Membership. A. The membership of the SAB shall consist of: 1. The County Sheriff; 2. The Corrections Captain; 3. The Community Justice Director or the Director's designee; 4. Two electors of Deschutes County to be appointed by the Sheriff and shall not be paid law enforcement personneL Elector members will serve a term of two years. The Sheriff may extend the term based on the needs of the Sheriffs Office and SAB. Electors may apply to serve an additional term after two years have passed since the completion of their service. The Sheriff has the discretion to remove an elector member at any time if removal of the elector member is in the interest ofthe Sheriff's Office and SAB. (Ord. 2013-006 § 1, 2013) B. The chair of the SAB shall be the Sheriff ofDeschutes County. C. Members ofthe SAB Administrative Committee consists of 1. Two Parole and Probation Supervisors; 2. Work Center Designee; 3. Correction Program Deputy; 4. Corrections Lieutenant; The Administrative Committee shall implement the policies of the SAB and report its monthly activities to theSAB. The Corrections Lieutenant shall be the chair of the Administrative Committee. (Ord. 2008-034 § 1,2008; Ord. 2002-021 § 1,2002; Ord. 97-044 § I, 1997; Ord. 97-009 § 1, 1997) Chapter 2.54 (01/2013) • 2.54.040. Compensation; Expense Reimbursement. No SAB member shall receive compensation, but shall be reimbursed for authorized expenses. (Ord. 2002-021 §1, 2002; Ord. 97-009 §1, 1997) 2.54.050. Meetings, Attendance and Quorum. A. The SAB shall hold at least one regular meeting each quarter at a time and place fixed by it. B. A majority ofthe SAB shall constitute a quorum. C. The SAB shall comply with all appropriate provisions of the Public Meetings Act as set forth in ORS 192, as amended from time to time by the Oregon Legislature. (Ord. 2002-021 §1, 2002; Ord. 2000-031 §1, 2000; Ord. 97-044 §1, 1997; Ord. 97-009 §1, 1997) 2.54.060. Powers and Duties. A. The SAB shall be responsible for inmate sanctions and supervision, and policies and procedures for correction supervision services and custodial facilities within Deschutes County. B. All terms of imprisonment or incarceration of 12 months or less ordered by Deschutes County Courts must be served at the direction of the SAB, except as provided in ORS 137.124, 137.593(2)(d) and 423.478. (Ord. 2002-021 § 1, 2002; Ord. 97-009 § 1, 1997) 2.54.070. Conflicts of Interest. A member of the SAB or its Administrative Committee shall not participate in any board proceeding or action in which any of the following have a direct, substantial fmancial interest: the member or his spouse, brother, sister, child, parent, father-in-law, mother-in-law, or any business with which he is negotiating for or has an arrangement or understanding concerning prospective investment or employment. Any actual or potential interest shall be disclosed at the meeting ofthe board where the matter is being considered. (Ord. 2002-021 §1, 2002; Ord. 97-009 §1, 1997) 2.54.090. Discretionary Authority. All decisions of the Deschutes County Corrections Supervisory Authority Board and the Administrative Committee are discretionary. DCC 2.54 is intended to carry out the provisions and intent of the Oregon Legislature as adopted in Senate Bi111145, Chapter 423, Oregon Laws (1995). The implementation ofSB 1145 by the Deschutes County Board of Commissioners, under Ordinance No. 97-009 and this ordinance, is to provide the greatest scope of delegation and discretion to the Deschutes County Corrections Supervisory Authority Board and Administrative Committee to meet the needs of the community and to join with the State of Oregon to implement the partnership as outlined by SB 1145. (Ord. 2002-021 §1, 2002; Ord. 97-044 §1, 1997) 1 j 1 I 1 ,~ :\ 1 t Chapter 2.54 2 (0112013) For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON * An Ordinance Amending Deschutes County Code * Chapter 2.54 Deschutes County Corrections * ORDINANCE NO. 2013-006 Supervisory Authority Board and Declaring an * Emergency. * * Deschutes County Code (DCC) 2.54 sets policy and procedure for the County to operate corrections supervision services and custodial facilities within Deschutes County pursuant to ORS 144.087. The current version of DCC 2.54.30 does not specifY terms of service or length of service for elector members; and This Ordinance will amend DCC 2.54.30 to specifY terms of service and length of service for elector members; and The amendment is needed for the Deschutes County Sheriffs Office to manage the Supervisory Authority Board; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 2.54, Deschutes County Corrections Supervisory Authority Board, is amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined. PAGE I OF 2-ORDINANCE No. 2013-006