CONFERENCE COMMITTEE ON HB 2594A

 

 

July 15, 2003 Hearing Room 357

3:00 pm Tapes  1 - 2

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Sen. John Minnis

Rep. Bob Ackerman

Sen. Vicki Walker

Rep. Jerry Krummel

 

STAFF PRESENT:                  Bill Taylor, Counsel

                                                Ann Martin, Committee Assistant

                                                Patsy Wood, Office Coordinator

 

MEASURE/ISSUES HEARD:            HB 2594A 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 1, A

005

Chair Williams

Calls the meeting to order at 3:16 p.m. Convenes a subcommittee because they are lacking a quorum. Opens a work session on HB 2594A.

HB 2594A WORK SESSION

020

Jenny Scanlon

Director, Deschutes County Juvenile Community Justice Department. Submits testimony and testifies on HB 2594A which provides that certain transfers and payments of moneys by justice and municipal courts be made not later than last day of month following month in which collected (EXHIBIT A).

059

Chair Williams

Talks about the A5 amendments (EXHIBIT B).

063

Dennis Luke

Deschutes County Commissioner. Testifies in support of HB 2594A  and A5 amendments and A4 amendments from the Juvenile Director’s Association (EXHIBIT C).

114

Sen. Walker

Asks Mr. Luke which amendments he supports.

117

Bill Taylor

Committee Counsel. Points out that Legislative Counsel says they cannot adopt both amendments. Says they need to adopt one or the other.

121

Luke

Answers that they need the A5 amendments.

127

Sen. Walker

Asks if he has talked with other juvenile courts about how they liked using the video technology for juvenile hearings.

131

Luke

Answers that they were looking only at the equipment.

143

Scanlon

Says that she has done some research on this issue in Oregon and says there are nine counties in the state that are currently using video or telephone technology to hold juvenile hearings. Says that no one was using it for a trial. Adds that the majority of the counties had the full support from their judges, attorneys and district attorneys.

166

Rep. Ackerman

Says that in Deschutes County they have an empty court room facility in the juvenile detention facility. Questions why they can’t transport a circuit court judge to use the empty court room.

171

Luke

Responds that it is not the choice of the county, but the choice of the court. Comments that it is a transportation problem to move all of the staff.

182

Rep. Ackerman

Says that they already have the technology in place so why are they seeking authority to do something they have already done.

185

Luke

Explains that they believe the law allows this, but they have had threats by different defense counsels that they were going to appeal cases heard by video conferencing.  Says they are asking for clarification in the law.

198

Rep. Ackerman

Asks what proceedings they propose to have take place by video or telephonic communication.

203

Luke

Defers to Ms. Scanlon.

212

Scanlon

Discusses when they would use video or telephonic technology.

220

Rep. Ackerman

Asks where the proceedings in which the use of video technology will  not be used will take place.

223

Scanlon

Answers that they will have those proceedings at their building.

228

Rep. Krummel

Asks question about the A4 amendments.

251

Scanlon

Explains that Deschutes County is not the sponsor of the A4 amendments.

265

Luke

Clarifies that the majority of the juvenile proceedings will be held at  the juvenile facility on Fridays.

280

Larry Oglesby

Director, Oregon Juvenile Department Directors Association. Testifies on A4 amendments. Discusses types of hearings and exclusions in which they would use video or telephonic recording. Emphasizes that they do not want contested adjudications to be held by video or telephone.

367

Molly Rogers

Director, Wasco County, Department of Youth Services. Submits testimony and testifies on the A4 amendments (EXHIBIT D). Explains when video or telephonic hearings are very important to the rural counties. Discusses the costs to transport youths to hearings. Emphasizes they do not want contested adjudications to take place by video or telephone.

TAPE 2, A

020

Taylor

Asks Mr. Oglesby what he means by contested and non-contested adjudications.

023

Oglesby

Explains contested and non-contested adjudications.

035

Sen. Walker

Asks which attorneys support video-taped hearings.

042

Oglesby

Answers defense attorneys and prosecutors.

050

Rogers

Says that she believes most attorneys support the use of video technology for juvenile hearings.

063

Sen. Walker

Asks how a youth can talk off the record with counsel during a video-taped hearing.

067

Oglesby

Explains that the defense lawyers meet with their clients prior to the hearings so they have gone over the issues and expectations. Adds that if they need private time, then they could take time off the record.

079

Sen. Walker

Asks if the defense attorney has an opportunity to request not to have a hearing held by video or telephone.

086

Oglesby

Says that in most counties there is communication between the parties so that issue can be discussed.

096

Rogers

Comments that on the Eastern side of the mountains the defense attorneys have not been able to do that because of timelines.

139

Angela Sherbo

Senior Attorney, Juvenile Rights Project. Submits testimony and testifies in opposition to the amendments to HB 2594A. States her concerns against televised or telephonic hearings (EXHIBIT E).

224

Karla Nash

Attorney. Submits testimony and testifies in opposition to the amendments to HB 2594A (EXHIBIT F).  Says she is against holding juvenile proceedings by telephone or closed-circuit television.

285

Chair Williams

Comments that they need to work out some issues and do some research on the constitutionality of the issue. Says he is interested to see any scientific studies on this issue. Closes the conference committee on HB 2594A and adjourns the meeting at 4:05 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2594A, written testimony, submitted by Jenny Scanlon, 2 pgs.

B – HB 2594A, -A5 amendments, submitted by staff, 2 pgs.

C – HB 2594A, -A4 amendments, submitted by staff, 3 pgs.

D – HB 2594A, written testimony, submitted by Molly Rogers, 2 pgs.

E – HB 2594A, written testimony, submitted by Angela Sherbo, 5 pgs.

F – HB 2594A, written testimony, submitted by Karla Nash, 2 pgs.