HOUSE COMMITTEE ON JUDICIARY

 

 

February 10, 2003   Hearing Room 357

1:00 p.m.  Tapes 27 - 29

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff  Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

                                                Bill Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            Measure Introduction: LC 57-2 and 1588-2

                                                HB 2409 Work Session

Informational Meeting: Ed Latessa, Ph.D.

Promoting Public Safety Through Reducing Recidivism

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

Tape 27, A

004

Chair Williams

Calls the meeting to order at 1:10 p.m. Introduces LC 57-2 and 1588-2 (EXHIBITS A & B).

007

Chair Williams

MOTION:  Moves LC  57-2 and 1588-2 BE INTRODUCED as

committee bills.

 

 

VOTE:  9-0

010

Chair Williams

Hearing no objection, declares the motion CARRIED.

023

Chair Williams

Opens a work session on HB 2409.

HB 2409 WORK SESSION

034

Steve Rodeman

Public Employees Retirement System. Testifies in support of HB 2409 which .

043

Chair Williams

Discusses the -1 amendments to HB 2409 (EXHIBIT C).

059

Jim Nass

Oregon Judicial Department. Submits testimony and testifies on HB 2409 (EXHIBIT D). Recommends amendments to HB 2409.

087

Rep. Krummel

Asks if the way it is written now, directs the Supreme Court to hear the case.

091

Nass

Says that is correct and that they have no problem with the Supreme Court being directed to hear the case, but are concerned with being directed how to decide a motion to certify.

100

Rep. Shetterly

Wonders if they need to clarify that this is direct jurisdiction.

112

Nass

Says that they could add “the Supreme Court shall have exclusive jurisdiction.” Believes that subsections a and b in Section 1, of his amendment make that clear.

118

Rep. Macpherson

Asks if there have been direct jurisdiction efforts in the past that took appeals directed at the Supreme Court.

121

Nass

Answers that he doesn’t know if any of those bills passed. Says that the ones that did pass are similar to the amendments that he is offering.

131

Rep. Macpherson

Comments that there may be legislation coming out of this session for which an expedited consideration by the Supreme Court would be appropriate. Asks about a possibility of parallel legislation later this session that could affect how they act on this bill.

140

Nass

Replies that he would hope that the Legislature would be careful where it chooses to use this direct review process.

159

Rep. Macpherson

Asks about legislation requiring consolidation of cases.

170

Nass

Says he believes that some past legislation has required consolidating and the Supreme Court does not mind so long as it’s permissive and not mandatory.

203

Chair Williams

MOTION:  Moves to RECOMMEND ADOPTION of HB 2409-1

amendments dated 02/10/03 and FURTHER RECOMMENDS

ADOPTION of conceptual amendments proposed by Jim Nass

(EXHIBIT D).

 

 

VOTE:  9-0

AYE:            In a roll call vote, all members present vote Aye.

214

Chair Williams

The motion CARRIES.

220

Chair Williams

Introduces Ed Latessa, Ph.D., Criminal Justice, University of Cincinnati.

INFORMATIONAL MEETING

230

Ed Latessa

National Institute of Correction. Discusses Promoting Public Safety Through Reducing Recidivism: What Works? What Doesn’t?

TAPE 28, A

004

Latessa

Continues his presentation on Promoting Public Safety Through Reducing Recidivism.

388

Chair Williams

Inquires about low-risk offender programs.

TAPE 27, B

002

Latessa

Continues his presentation on Offender Programs and Reducing Recidivism.

113

Chair Williams

Comments that we have a boot camp in Oregon. Asks how successful they are.

115

Latessa

Answers that he has assessed several boot camps and that they increase recidivism. Discusses boot camps.

231

Rep. Prozanski

Questions the length of recidivism studies done on boot camps.

234

Latessa

Says that typically recidivism studies take 2 years.

292

Rep. Prozanski

Asks about acupuncture programs dealing with substance abuse.

297

Latessa

Explains that he did some studies on acupuncture and that it doesn’t work in reducing drug use among the prison population.

TAPE 28, B

003

Latessa

Continues his presentation and discusses what works based on empirical research.

052

Bill Joseph

Committee Counsel. Asks Latessa to describe what a Behavioral Approach is.

056

Latessa

Describes a Behavioral Approach and Treatment Program.

115

Rep. Krummel

Asks for an explanation of a Cognitive Behavioral Model.

119

Latessa

Discusses a cognitive behavioral approach.

221

Chair Williams

Asks what programs are most successful.

239

Latessa

Explains that programs need to be assessed for success rates.

313

Chair Williams

Asks if they passed legislation to implement the standards for programs or was that done administratively.

315

Latessa

Answers that most states did it administratively.

TAPE 29, A

003

Latessa

Continues discussion on recidivism.

009

Rep. Jenson

Asks if they place the high-risk and low-risk groups together in programs.

019

Latessa

Says, yes.

021

Rep. Jenson

Asks if they ever separate the high and low-risk groups.

023

Latessa

Answers that good programs try to keep low-risk groups away from the high-risk groups.

035

Rep. Jenson

Inquires about the DARE (Drug Abuse Resistance Education) programs. Stresses that it is very important to his community.

038

Latessa

States that the DARE programs are unsuccessful and do not reduce drug use in teenagers. Explains.

075

Vice-Chair Anderson

Asks if counseling is most effective in treating offenders.

079

Latessa

Says that intervention at the end is the most effective.

093

Vice-Chair Anderson

Wonders about private prisons and wings of prisons.

097

Latessa

Answers that wings of prison are no different than state prisons. Adds that private prisons are not programs that he would recommend. Says that they are a business, wanting to make money.

122

Chair Williams

Adjourns the meeting at 3:05 p.m.

 

EXHIBIT SUMMARY

 

A – LC 57-2, submitted by staff, dated 1/24/03, 7 pgs.

B – LC 1588-2, submitted by staff, dated 1/10/03, 5 pgs.

C – HB 2409, -1 amendments, submitted by staff, dated 2/10/03, 1 pg.

D – HB 2409, written testimony and amendments, submitted by Jim Nass, Oregon Judicial Department, dated 2/10/03, 2 pgs.