SENATE COMMITTEE ON JUDICIARY

 

 

February 07, 2005                                                                                               Hearing Room 343

1:00 p.m.                                                                                                                       Tapes 26 - 27

Corrected 10/26/05

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD & WITNESSES:      

                                                Introduction of Committee Measures – Work Session

                                                SB 240 – Public Hearing

                                                            Representative Chip Shields – Representative District 43

Benjamin deHaan – Criminal Justice Policy Research Institute, Portland State University

Geoff Sugerman – Western Prison Project   

Terrie Quinteros – Crime Survivors for Community Safety

Steve Doell – Crime Victims United of Oregon

                                                SB 255 & SB 256 – Public Hearing

                                                            Timothy Sylwester – Oregon District Attorney Association

                                                SB 243 – Public Hearing

                                                            Michael Washington                          

 

 

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 26, A

005

Chair Burdick

Calls the meeting to order at 1:10 p.m.  Opens work session on introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

007

Joe O’Leary

Committee Counsel.  Reads LC 119, 2125, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2251 for introduction (EXHIBITS A – L).

025

Sen. Prozanski

MOTION:  Moves LC 119, 2125, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2251:  BE INTRODUCED as committee bills.

 

 

VOTE:  5-0- 2

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

EXCUSED:  2 – Beyer, Starr

029

Chair Burdick

Hearing no objection, declares the motion CARRIED.

036

Chair Burdick

Opens public hearing on SB 240.

SB 240 – PUBLIC HEARING

039

William E. Taylor

Counsel.  Describes SB 240, relating to the creation of the Criminal Justice Research and Policy Institute at Portland State University.

047

Rep. Chip Shields

House District 43.  Reads testimony in support of SB 240 (EXHIBIT M) and his relationship with recidivism intervention.

094

Sen. Walker

Asks why PSU was chosen as the recipient.

099

Rep. Shields

Describes the reasoning behind the choice.

120

Sen. Walker

Talks about intervention programs in Eugene.

136

Benjamin deHaan

Director, Criminal Justice Policy Research Institute, Portland State University (PSU).  Comments on PSU’s desire to work with other schools.  Suggests that more work be done to clean up the funding involved with this bill.

175

deHaan

Discusses possible conceptual amendment recommendations for SB 240.

190

Sen. Prozanski

Inquires about the cost for a fully funded Institute.

197

deHaan

Gives figures for basic core support.

207

Geoff Sugerman

Western Prison Project.  Reads testimony in support of SB 240 (EXHIBIT N).

246

Terrie Quinteros

Program Director, Crime Survivors for Community Safety.  Reads testimony in support of SB 240 (EXHIBIT O).

271

Steve Doell

President, Crime Victims United of Oregon.  Warns the committee that this institute may become an “echo chamber” of similar ideas and morals.  Suggests caution while deliberating whether to pass this bill.

352

Chair Burdick

Closes public hearing on SB 240 and opens a public hearing on SB 255 & 256.

SB 255 & 256 – PUBLIC HEARING

366

Joe O’Leary

Counsel.  Describes SB 255, relating to provisions towards sentencing of dangerous offenders, and SB 256, relating to sexually violent and dangerous offenders.

378

Timothy Sylwester

Oregon District Attorney Association.  Testifies in support of SB 255 & SB 256.  Discusses the subsequent repercussions of the Blakely trial on SB 255 & SB 256.

406

Sen. Prozanski

Asks if sunset clauses are needed. 

410

Sylwester

Replies that those might be helpful, and would also suggest an amendment to SB 255 to include cases that are currently pending.

447

Chair Burdick

Closes public hearing on SB 255 & SB 256 and opens a public hearing on SB 243.

 

SB 243 – PUBLIC HEARING

450

Joe O’Leary

Counsel.  Describes SB 243, relating to post-prison supervision or parole for persons convicted of sex crime.

470

Michael Washington

Chairman, Board of Parole and Past Prison Suspension.  Testifies in support of SB 243.  Comments on the reasoning behind the necessity of the bill.

TAPE 27, A

041

Sen. Prozanski

Wonders about the prohibitions concerning public areas and if they would include a public library.

050

Washington

Responds that there is no statute preventing such individuals from visiting public buildings, only areas that are known for their congregation of minors.

062

Sen. Prozanski

Raises concern over the broad language of this bill.

073

Chair Burdick

Asks about the appeal process.

080

Washington

Explains that the offender can file an administrative review with the parole board and they can issue a response.  Goes on to talk about how the Court of Appeals can then be used if the offender is still feeling grievances.

088

Chair Burdick

Comments that this wording is fairly broad.

091

Washington

Expresses that the previous written incarnation of the bill was very broad, but SB 243 has limited the language substantially.

107

Sen. Prozanski

Explains his continued concern over appeals being brought against this bill after being passed due to its broad language.  Asks counsel for research concerning similar bills being challenged in the court system.

127

Chair Burdick

Closes public hearing on SB 243.

125

Chair Burdick

Goes over the agenda for the next few days, including trips and visits.

165

Chair Burdick

Adjourns the meeting at 1:45 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. Introduction, LC 2125, staff, 2 pp
  2. Introduction, LC 2154, staff, 10 pp
  3. Introduction, LC 2155, staff, 1 p
  4. Introduction, LC 2156, staff, 1 p
  5. Introduction, LC 2157, staff, 1 p
  6. Introduction, LC 2158, staff, 2 pp
  7. Introduction, LC 2159, staff, 1 p
  8. Introduction, LC 2160, staff, 4 pp
  9. Introduction, LC 2161, staff, 2 pp
  10. Introduction, LC 2162, staff, 1 p
  11. Introduction, LC 2251, staff, 1 p
  12. Introduction, LC 119, staff, 8 pp
  13. SB 240, written testimony, Rep. Chip Shields, 2 pp
  14. SB 240, written testimony, Geoff Sugerman, 1 p
  15. SB 240, written testimony, Terrie Quinteros, 1 p