HOUSE COMMITTEE ON JUDICIARY

 

 

May 29, 2003 Hearing Room 357

1:00 pm Tapes  209-210

 

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:                  Craig Prins, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 808A Public Hearing and Work Session

                                                SB 19A Work Session

 

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 209, A

004

Chair Williams

Opens meeting at 1:20 pm.  Opens public hearing on SB 808A.

SB 808A PUBLIC HEARING

020

Julie McFarlane

Juvenile Rights Project, Inc.  Testifies in support of SB 808A which requires court to include review of child’s comprehensive plan for transition to independent living at certain permanency hearings, and submits testimony (EXHIBIT A).  Explains the -3 amendments (EXHIBIT B). Asks to amend age limitations.

045

Kevin George

Department of Human Services (DHS).  Testifies in support of SB 808A with the amendments. Projects a transition time of six months for the bill.

061

Chair Williams

Affirms the -3 amendments.  Asks what planning is currently taking place.

072

George

Explains the independent living programs for 16 years-old or older.

080

McFarlane

Explains how the courts and Citizens Review Boards (CRB) review the permanency cases every six months and annually.

090

Chair Williams

Closes the public hearing on SB 808A.  Opens work session on SB 808A.

SB 808A WORK SESSION

091

Rep. Shetterly

MOTION:  Moves to ADOPT SB 808A-3 amendments dated 5/28/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Jenson

092

Chair Williams

Hearing no objection, declares the motion CARRIED.

093

Rep. Shetterly

MOTION:  Moves SB 808A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

094

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

095

Chair Williams

Closes work session on SB 808A.  Opens work session on SB 19A.

SB 19A WORK SESSION

120

Craig Prins

Committee Counsel.  Explains SB 19A which establishes when youth offenders and persons alleged to be within jurisdiction of juvenile court may be detained in place where adults are detained, and the amendments -A4 and - A5 (EXHIBITS C and D)  Discusses the Tewksbury decision.  Says the - A3 amendments are withdrawn.

224

Carl Myers

Oregon Juvenile Department Directors Association.  Testifies in support of SB 19A with the -A4 and -A5 amendments.  Clarifies SB 19A as a tool to handle special cases that arise in juvenile court matters where the person subject of jurisdiction court becomes an adult.  Discusses how constitutional issues will be met in application of SB 19A.    

345

Larry Oglesby

Oregon Juvenile Department Directors Association Testifies in support of SB 19A. Explains situations that the bill addresses. Emphasizes this problem needs to be addressed.  

364

Vice Chair Anderson

Asks if a crime is committed before age 18, but the person is tried after age 18, is the accused tried in juvenile system.

370

Oglesby

Replies he would be tried in the juvenile system.

375

Nancy Miller

Director, Court Programs and Services, State Court Administrator’s Office. Testifies in support of SB 19A and explains the - A4 amendments are housekeeping for Citizens Review Board.  Says the -A4 clarifies SB 19. 

428

Prins

Clarifies the -A5 amendments.  Concern is with the - A5, lines 14 and 15, the phrase “eligible for release.”  

TAPE 210, A

062

Rep. Prozanski

States he is comfortable with the - A5 amendments.

067

Rep. Jenson

MOTION:  Moves to ADOPT SB 19A-A5 amendments dated 5/29/03.

 

 

VOTE:  9-0

068

Chair Williams

Hearing no objection, declares the motion CARRIED.

069

Rep. Jenson

MOTION:  Moves to ADOPT SB 19A-A4 amendments dated 5/15/03.

 

 

VOTE:  9-0

070

Chair Williams

Hearing no objection, declares the motion CARRIED.

071

Rep. Jenson

MOTION:  Moves SB 19A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

074

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

080

Chair Williams

Closes work session on SB 19A.  Adjourns meeting at 1:55 pm.

 

 

EXHIBIT SUMMARY

 

A – SB 808A, written testimony, Julie McFarlane, 5 pp

B – SB 808-A3 amendments, staff, 2 pp

C – SB 19-A5 amendments, staff, 1 p

D – SB 19-A4 amendments, staff, 3 pp