SENATE COMMITTEE ON JUDICIARY

 

 

March 17, 2005                                              Blue Mountain Community College, Pendleton, OR

8:30 A.M.                                                                                                                     Tapes 68 - 73

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Vicki Walker

Sen. Doug Whitsett

 

GUEST MEMBERS:             Rep. Wayne Krieger, Chair

                                                Rep. Greg Macpherson          , Vice-Chair

                                                Rep. Andy Olson, Vice-Chair

                                                Rep. Bob Ackerman

                                                Rep. Jeff Barker

                                                Rep. Linda Flores

                                                Rep. Bob Jensen

                                                Sen. Nelson

                                                Rep. Kim Thatcher

                                                Rep. Kelley Wirth

 

MEMBER EXCUSED:          Sen. Charlie Ringo

Rep. Bill Garrard

                                               

STAFF PRESENT:                 Heidi Moawad, Committee Administrator

Dale Penn, Committee Assistant

Elizabeth Howe, Committee Assistant

                                               

MEASURES/ISSUES HEARD:        

                                                SB 907 – Public Hearing

                                                SB 910 – Public Hearing

                                                SB 911 – Public Hearing

                                                HB 2485 – Public Hearing

 

 

 

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 68, A

003

Chair Burdick

Calls the meeting to order at 8:46 a.m.  Discusses the methamphetamine (meth) problem in Pendleton and Oregon in general.

025

Rep. Jensen

House District 58. Discusses the meth epidemic in the Pendleton area and welcomes the Judiciary committees to Pendleton, Oregon.

057

Chair Burdick

Introduces Rep. Krieger, chair of the House Judiciary Committee.

065

Chair Krieger

Discusses the statewide meth problem, the budget issues, and the meth bills facing the committee.

082

Chair Burdick

Asks Counsel to introduce the different meth bills.

091

Heidi Moawad

Counsel.  Introduces SB 907 relating to meth and children.

130

Moawad

Introduces SB 910 relating to public nuisances.

137

Moawad

Introduces SB 911 relating to meth waste.

144

Moawad

Introduces HB 2485, an omnibus meth bill.

185

Chair Krieger

Opens a public hearing on SB 907, SB 910, SB 911, and HB 2485.

SB 907, SB 910, SB 911, HB 2485 – PUBLIC HEARING

197

Kevin Campbell

Executive Director, Oregon Association of Chiefs of Police (OACP).  Comments on the meth epidemic on behalf of the Salem Chief of Police, Walt Myers, and the Methamphetamine Task Force.

242

Campbell

Discusses meth prevention and enforcement in Oregon communities.

275

Campbell

Continues his discussion on meth, and addresses meth treatment.  Describes dopamine levels in pleasurable experiences when using meth.

325

Campbell

Describes the dangers of meth regarding children.

375

Campbell

Introduces the invited speakers.

394

Chair Krieger

Questions the task force recommendation on early intervention.

401

Campbell

Discusses the children affected by meth and their different ages.

434

Sheriff John Trumbo

Umatilla County, Meth Task Force.  Expresses his appreciation for the members traveling to Pendleton.  Explains the actions needed to eliminate the meth epidemic in Oregon.

TAPE 69, A

008

Trumbo

Continues his discussion of effective methods in fighting the meth epidemic.

040

Trumbo

Identifies the problems in dealing with meth dealers from a Department of Corrections standpoint.

073

Sen. Walker

Clarifies that there is adequate bed space but not enough staff, and wonders about bed spaces leased out to other communities.  Asks about the jail funded through the county budget?

077

Trumbo

Confirms that the lack of funds prevent the jails from staffing to full capacity.  Responds affirmatively in regards to the jails being funded through the county budget.

084

Sen. Nelson

Senate District 29.  Inquires about the obligations of the state in relation to community corrections.

090

Trumbo

Explains the drug and alcohol treatment programs available through his community corrections jurisdiction.

112

Sen. Nelson

Asks about a promise made by the legislature to fund this program.

116

Trumbo

Explains the cuts made in their budget in order to continue support of community corrections.

132

Chair Burdick

Acknowledges Senator Nelson and his wife/assistant.

141

Chief Dan Coulombe

Chief of Police, City of Hermiston.  Testifies in support of the current meth bills.  Discusses the tremendous meth problem in Hermiston.

180

Coulombe

Offers statistics and illustrations of the impact of meth on Hermiston.

236

Sen. Whitsett

Inquires how much pseudo ephedrine is required for 1 pound of meth, and how it is acquired in a small town like Hermiston.

241

Coulombe

Describes the process of “smurfing,” where individuals go from store to store purchasing small amounts of pseudo ephedrine.

255

Sen. Nelson

Questions the state of the art technology systems.

260

Coulombe

Explains the use of state of the art video streaming systems.

276

Chair Burdick

Mentions the testimony forms available to the audience members in order to write questions for the committee members and the meth experts.

290

Craig Prins

Executive Director, Criminal Justice Commission.  Introduces the meth experts and thanks the committee for hearing this expert testimony.

310

Sgt. Jim Gerhardt

Thornton Police Department, Thornton, Colorado.  Provides his background in drug crimes.  Explains the increase in meth popularity.

356

Gerhardt

Describes the studies being done on meth.

385

Gerhardt

Submits presentation materials and begins a presentation on Meth studies done by Rocky Mountain HIDTA (EXHIBIT A).

TAPE 68, B

006

Gerhardt

Continues presentation, discusses the effects of meth on facilities.

058

Gerhardt

Continues presentation, discusses contamination.

093

Gerhardt

Plays a video of a meth lab bust.

138

Gerhardt

Explains the state of the meth lab when this Colorado bust occurred (April, 2002).

165

Gerhardt

Lists the over-the-counter drugs that are used to manufacture meth, and how they are turned into meth. 

192

Gerhardt

Explains the effects of state laws on the production and usage of meth.

245

Gerhardt

Describes the amounts of pseudo ephedrine needed to produce meth. 

295

Gerhardt

Reviews the main points of his presentation on meth.

340

Gerhardt

Talks about the legislative and regulatory actions taken to combat methamphetamine. 

360

Gerhardt

Shows a press conference in Denver.

400

Gerhardt

Discusses a panel set up of experts to study the meth epidemic.

435

Sen. Walker

Asks if the 70% of individuals who didn’t care to show ID in order to purchase pseudo ephedrine-based products, knew law enforcement would have access to their names.  Stresses that Sudafed is not the only pseudo ephedrine product on the market.  Questions if there is any other way to produce meth without these products.

445

Gerhardt

Believes the study is in his testimony book (Exhibit A).  Lists the names of other products that can be used to produce meth.  Explains the international efforts to keep these products out of the country.

TAPE 69, B

016

Rep. Barker

Brings up the issue that 80% of the meth is from Super Labs and only 16% are coming out of smaller labs. 

024

Gerhardt

Explains the separate problems of meth super labs and smaller production methods.

037

Rep. Wirth

Inquires about EXHIBIT T on page 5 of the testimony binder (Exhibit H).  Wonders if the number of lab busts correlate with meth usage in those states.  Asks about EXHIBIT T, third bullet, on page 2, concerning the increase in usage among teenage girls and trends in access and usage.

045

Gerhardt

Explains that there is a correlation, but not necessarily a one-to-one ratio.  States that meth has the same trends as other drugs, but abuse is more extreme, and the drug is easier to produce.

091

Chair Burdick

Introduces a presentation by Dr. Richard Rawson.

102

Dr. Richard Rawson

Associate Professor, Psychology, University of California, Los Angeles.  Provides his background in the topic on substance abuse.  Submits presentation materials and begins his presentation on meth (EXHIBIT B)

150

Dr. Rawson

Discusses the reasons people cite for beginning their drug abuse and how the recent meth epidemic has brought to light these issues.

204

Dr. Rawson

Talks about the dopamine transporter loss (brain malfunction, motor problems) after heavy meth use.

254

Dr. Rawson

Continues the discussion of dopamine transporter loss due to meth abuse, and comments on several test monkeys’ recovery time after their introduction to meth.

312

Dr. Rawson

Explains the meth problem in Thailand relating to children and psychotic disorders.  Talks about prenatal introduction to meth.

340

Dr. Rawson

Addresses the problems women face with meth addiction. 

395

Dr. Rawson

Comments on the problems in the gay community involving meth.

415

Dr. Rawson

Discusses the treatment possible through the use of drug courts.

465

Dr. Rawson

Talks about the introduction methods of meth; how an individual can begin taking meth or other drugs.

TAPE 70, A

038

Dr. Rawson

Explains the recidivism rates with inmates who suffered from drug abuse.

085

Dr. Rawson

Describes a recent study created by UCLA to address the meth problem in seven US cities.

140

Dr. Rawson

Continues his analysis on the UCLA study; talking about the cost-effective nature of some meth addiction solutions.

155

Dr. Rawson

Summarizes the conclusions made by the UCLA study.

171

Chair Burdick

Asks about contingency intervention methods.

174

Dr. Rawson

Describes the contingency intervention methods (rewards for good behavior) employed by the UCLA study.

211

Chair Burdick

Inquires about the gateway nature of meth.

214

Dr. Rawson

Replies with information on gateway drugs.  Explains that many people use nicotine, marijuana, and meth as gateway drugs.

241

Sen. Prozanski

Comments on the incentive based programs, and expresses his support for such methods.

251

Dr. Rawson

Talks about the incentive based programming.

272

Sen. Prozanski

Wonders about the term “social bonding.”

277

Dr. Rawson

States that meth is often used as a part of a relationship, and eventually the individual’s whole life is connected to the drug.

293

Sen. Walker

Asks about the fiscal impacts of the studies performed by UCLA.

303

Dr. Rawson

Addresses the questions on funding and results of the studies.

324

Sen. Walker

Comments on Oregon’s drug court process and how it is an effective preventative method.

330

Dr. Rawson

Talks about the need for preventative methods, and the lack of preparedness of most communities across the nation for dealing with the meth epidemic.

352

Sen. Nelson

Inquires about the typical costs associated with meth and other drugs.

355

Dr. Rawson

Explains the costs and payoff (psychological and timeframe of the “high” resulting from those drugs) of different drugs.

392

Chair Burdick

Wonders about the toxicity and addiction rate of meth compared to legal drugs.

400

Dr. Rawson

Addresses addiction problems with meth compared to doses of legal drugs (Ritalin, etc.).

440

Rep. Thatcher

Asks about Oregon’s rate of treatment and admissions into drug programs dealing with meth.

451

Dr. Rawson

Talks about problems with drug treatment programs.  Comments on the extremely long waiting list for Oregon’s drug courts.

TAPE 71, A

019

Susan M. Paddock, Ph.D.

Statistician, RAND Corporation.  Testifies on current and past studies addressing the meth problem.  Talks about school-based drug prevention programs.  Submits presentation materials and begins her presentation (EXHIBIT C).

074

Paddock

Discusses, and lists, several of the criteria used for identifying model school-based prevention programs.

125

Paddock

Addresses the different prevention strategies studied (LifeSkills, Northland, Iowa, etc.)

178

Paddock

Explains the process of translating post-program effects into lifetime reductions in use.

210

Paddock

Talks about the correlation between age and lifetime marijuana abuse.

255

Paddock

Describes the benefit of prevention as the social cost averted by reducing drug consumption.

284

Paddock

Comments on the cost of school-based prevention per participant, and the cost-benefit of implementing prevention programs.

315

Paddock

Discusses the estimates of the cost-benefits of school-based prevention programs.

368

Paddock

Addresses studies being done on other drugs to prevent illicit drugs.

TAPE 70, B

002

Paddock

Reviews key findings of school-based prevention programs and concludes with information on the options to consider for prevention programs.

028

Sen. Beyer

Inquires about the annual price of meth and what caused the 1994 valley in the cost.

035

Paddock

Responds that producers have been creative in manufacturing meth, especially in 1994.

047

Rep. Thatcher

Asks if there is evidence that spikes in prices causes a decrease in usage.

053

Paddock

Replies that she does not have that information.

057

Sen. Prozanski

Wonders if the programs will start doing studies regarding use related to ease of access

070

Paddock

Admits that she is not aware of current programs focusing particularly on meth.  Notes that many programs seek to reduce drug use in one particular substance.

082

Sen. Prozanski

Inquires about the composition of the cost-benefits discussed in the studies.

094

Paddock

States that the cost-benefit includes incarceration.

097

Chair Burdick

Reads a question from Rob Bovvett, who asks if only evidence-based programs will be implemented.  Answers that there is always room for new programs.

110

Paddock

Expresses that she understands the need for experimental programs, but believes that with such limited funds, she can only support evidence-based programs.

127

Chair Burdick

Invites the audience to lunch after the law enforcement panel concludes their testimony.  Announces that public testimony will take place after the break.

145

Chief Stuart Roberts

Chief of Police, City of Pendleton.  Testifies about meth offenses in Pendleton and the methods needed to halt the meth epidemic.

185

Roberts

Discusses local drug task forces in Pendleton, and the funding struggles they face.

225

Roberts

Talks about the difficulty in the treatment of meth users.

269

Sheriff Boyd Rasmussen

Sheriff, Union County.  Recent Narcotics Officer, Drug Task Force.  Testifies on the meth problem in his community.  Explains his personal history dealing with Meth as a narcotics officer on the drug task force.

308

Rasmussen

Advocates the inclusion of state troopers in the meth prevention process.

315

Rasmussen

Describes the testimony of an individual, Matt Price, who had been an abuser of methamphetamine.

374

Doug Fischer

Director, Intermountain Public Defenders.  Testifies on the meth epidemic from a public defender’s standpoint; having to deal with the meth addicts face-to-face. 

430

Fischer

Details the destruction of his clients’ lives due to drug addiction, and how it serves as a motivator to get clean.  Talks about the effectiveness of the drug courts.

TAPE 71, B

028

Fischer

Advocates the creation of a drug court to combat the methamphetamine epidemic.

039

Dan Norris

Malheur County District Attorney.  Talks about the men’s and women’s drug courts in his county. 

087

Norris

Discusses the problems of recidivism and repeat offenders.  Addresses some of the fundamental changes needed to make these numbers decrease.

112

Chris Brauer

Umatilla County District Attorney.  Comments on the funding for drug courts.

160

Brauer

Details the budget cuts facing state police.

185

Rep. Jensen

Addresses Umatilla County’s drop from #1 to #3 for new judgeships.

195

Brauer

Replies with information on the budget cuts and court closings that caused such a decrease in standing in county courts.

217

Sen. Prozanski

Asks about the recidivism rates addressed about earlier.

224

Rasmussen

Discusses the recidivism rates and the comparison between in-patient and out-patient treatments.  Stresses the importance of the out-patient treatments.

274

Chair Burdick

Adjourns the meeting at 12:30 p.m.

280

Chair Krieger

Calls the meeting to order at 1:06 p.m.

299

Stephen Donnell

Submits testimony and testifies on the meth epidemic (EXHIBIT D). 

337

Donnell

Expresses his opinions on the methods in combating meth as well as the current funding problems.

387

Donnell

Continues to express his ideas on battling meth addiction.

441

Chair Krieger

States that the House and Senate Judiciary will look at all the meth bills facing the Legislature and combine the applicable bills into an omnibus bill.

454

Marcia Keith

Oregon Veterinary Medical Association.  Testifies on the meth epidemic.

475

Dr. Douglas Corey

Oregon Veterinary Medical Association.  Submits testimony and testifies on the meth bills facing the committee (EXHIBIT E).

TAPE 72, A

022

Dr. Corey

Addresses several issues from his handout dealing with veterinarian’s problems with the meth bills (Exhibit E).

072

John Hummel

Oregon Criminal Defense Lawyers Association.  Submits testimony and testifies in a neutral stance on the meth bills facing the committee. (EXHIBIT F).

114

Hummel

Describes the drug court process.

151

Chris Cooper

Community Development Manager, Umatilla/ Morrow Head Start.  Describes the Head Start methods for preventing drug abuse.  Stresses the need to bring parents into the Head Start projects for their children.

200

Cooper

Advocates the continuation of the Head Start program.

218

Karen Wheeler

Manager, Office of Mental Health and Addiction Services, Oregon Department of Human Services.  Submits testimony and testifies in support of SB 907 and HB 2485 (EXHIBIT G).

263

Wheeler

Details the methods her office is taking to combat the meth epidemic.

318

Wheeler

Raises the issue of federal regulation conflicts with SB 907.

369

Rob Bovett

Legal Counsel, Oregon Narcotics Enforcement Association.  Addresses the packet handed out to the committee and testifies in support of SB 907 and HB 2485 (EXHIBIT H).  Describes the recommendations from his group for “crushing” meth in Oregon.

420

Bovett

Talks about the Meth Task Force packet, and goes on to discuss the recommendations made to the Governor (Exhibit H).

460

Bovett

Comments on the other bills and amendments dealing with meth in the legislature.

TAPE 73, A

023

Rep. Wirth

Asks about the different amendments dealing with Sudafed tablets.

034

Bovett

Replies with information on the meth crafting process and the red Sudafed tablets.

052

Sen. Whitsett

Inquires about the usual sources of lithium and sodium used in meth creation.

054

Bovett

Explains how meth labs acquire the lithium and sodium for methamphetamine production.

069

Rep. Wirth

Wonders about the impact on the Oregon Department of Corrections (DOC) if these bills were passed.

075

Bovett

Responds with economic estimations on possible costs for the DOC.

093

Lieutenant Craig Durbin

Oregon State Police.  Submits testimony and testifies in support of HB 2485 (EXHIBIT I).

150

Durbin

Talks about the Governor’s Meth Task Force.

195

Durbin

Discusses the problem of crystal meth, as opposed to powder meth.

240

Sen. Walker

Comments on the national protocol for children in meth lab busts.

262

Durbin

Explains the protocol when dealing with children at meth lab stings.

297

Sen. Walker

Expresses her increased alarm over the meth epidemic’s effect on children.

314

Bovett

Describes the protocol for dealing with children in meth environments.

355

Bovett

Stresses the importance of breaking children from the cycle of addiction as early as possible.

396

Durbin

States the danger of an active lab for children; the drug gets everywhere at that time.

409

Sen. Prozanski

Commends Lieutenant Durbin and Mr. Bovett on their work.  Asks what the legislature can do to help the problem.

421

Bovett

Replies with information on techniques and methods used by Oregon and Oklahoma that work well.

451

Rep. Flores

Inquires about the older children exiting contaminated meth labs who enter school zones, and if the backpacks/clothing/etc. further contaminate areas.

464

Durbin

Cannot confirm or deny that at this time.

474

Sen. Prozanski

Comments on the meth getting into the clothes and skins of the people living in a meth lab.

480

Durbin

Discusses the hazards in raiding a meth lab.

499

Rep. Wirth

Wonders about allegations of child abuse dealing with meth.

TAPE 72, B

022

Bovett

Replies that the charges depend on the county and the laws within those counties.  Stresses Oregon’s continuing success in battling meth.

057

Bob Wright

Eastern Oregon Alcoholism Foundation.  Submits testimony and testifies on the meth bills (EXHIBIT J).

105

Wright

Suggests a constitutional amendment to limit prisoners’ rights in order to curb increased costs. 

166

Karla Nash

Attorney, Bend.  Testifies in a neutral stance on SB 907.  Discusses meth addicts who become pregnant.

215

Nash

Continues discussion of affects on mothers and child impacted by meth.

277

Chair Burdick

Requests that the amicus brief be submitted to the record.

282

Nancy Haidle

Ontario, Malheur County.  Testifies on the meth epidemic, and addresses the issue of letting some offenders go to prosecute others.

330

Haidle

Continues discussion of problems with funding the needed programs to address the meth epidemic.

406

Sen. Prozanski

Inquires about the Health Insurance Portability and Accountability Act (HIPAA) confidentiality issues.

412

Nash

Explains the confidentiality rules that precluded HIPAA.

426

Sen. Nelson

Questions the profile of offenders and their corresponding treatment.

433

Wright

Mentions the largest incentive for mothers is the ability to keep custody of their children while prison is a greater incentive for men.

449

Sen. Nelson

Brings up the issue of some individuals choosing drugs over their families.

459

Wright

Reaffirms his belief that the individuals who are actually inclined to stop abusing drugs will be able to do so.

469

Nash

Discusses women who actively seek out treatment in order to keep their families together.

TAPE 73, B

012

Karen Ashback

Pendleton.  Offers a personal story about her daughter who is a meth offender and her grandchild who is in her custody.

065

Ashback

Continues her story that illustrates the addictive nature of meth.

094

Bill Hansell

Umatilla County Commissioner.  Shares his opportunity to be President-elect of the National Association of Counties (NACO).  Discusses what NACO is doing to develop meth programs on the national level.

134

Chair Burdick

Expresses her appreciation for the presenters and Rep. Jensen and Sen. Nelson, as well as Alice Nelson, for the beneficial experience.  Closes the public hearing on SB 907, SB 910, SB 911, and HB 2485 and adjourns the meeting.

 

 

EXHIBIT SUMMARY

 

  1. Methamphetamine, presentation materials, Sgt. James Gerhardt, 21 pp
  2. Methamphetamine, presentation materials, Dr. Richard Rawson, 20 pp
  3. Methamphetamine, presentation materials, Dr. Susan Paddock, 10 pp
  4. Methamphetamine, testimony, Stephen Donnell, 2 pp
  5. Methamphetamine, testimony, Dr. Doug Corey, 2 pp
  6. Methamphetamine, testimony, John Hummel, 5 pp
  7. HB 2485, testimony, Karen Wheeler, 8 pp
  8. Methamphetamine, packet, Rob Bovett, 333 pp and CD
  9. HB 2485, written testimony, Lieutenant Craig Durbin, 5 pp
  10. Methamphetamine, testimony, Robert L. Wright, 3 pp