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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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