SENATE COMMITTEE ON JUDICIARY

 

 

March 23, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 79 - 80

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

 

MEMBER EXCUSED:          Sen. Vicki Walker

                                                Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 850 – Public Hearing

                                                SB 36 – Work Session

                                                SB 913 – Public Hearing

                                                SB 915 – 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 79, A

003

Chair Burdick

Calls the meeting to order at 1:14 p.m. and opens a public hearing on SB 850.

SB 850 – PUBLIC HEARING

007

Joe O’Leary

Counsel.  Describes SB 850 relating to establishing an Address Confidentiality Program in the Department of Justice.  Introduces the -1 amendment and the hand engrossed version dated March 23, 2005 (EXHIBITS A & B).

020

Sen. Richard Devlin

Senate District 19.  Submits testimony and testifies in support of SB 850 (EXHIBIT C). 

060

Sen. Devlin

Expresses his pride over this particular bill, and reiterates the need for its implementation. 

082

Sen. Devlin

Addresses the amendments and how they will not meet opposition in Ways and Means.

102

Shelby Rihala

Legislative Aide.  Testifies in support of SB 850.  Describes the legislation other states use as a similar address confidentiality program in their department of justices.

140

Sen. Prozanski

Stresses the importance of men being included in these provisions.

154

Sybil Hebb

Oregon Law Center.  Introduces written testimony from Julie Massa, a Public Policy Advocate with the Oregon Food Bank (EXHIBIT D).  Submits testimony and testifies in support of SB 850 (EXHIBIT E). 

188

Hebb

Describes a story from an abuse victim who is in support of the bill.

205

Hebb

Discusses the substitute address applicants may use during the process.

243

Chair Burdick

Inquires about attorney contact for the applicant.

248

Hebb

States that the Attorney General will contact the applicant through the substitute address.

259

Sen. Prozanski

Explains the process by which an attorney or another court official may contact the applicant.

275

Hebb

Continues the discussion on the process in contacting the individual under the protection of this program.

292

Sen. Prozanski

Raises concerns over the constitutionality of forcing the accused (of abuse) to go through the Attorney General or other medium in order to contact the accuser.

307

Hebb

Describes the problem brought up by Sen. Prozanski.

319

Chair Burdick

Inquires about the ability of law enforcement to access to the address.

328

Hebb

Comments on the process outlined in the bill dealing with this issue.

339

Sen. Beyer

Wonders about the repercussions from attempting to access the information from the database.

351

O’Leary

Talks about the repercussions of an individual who attempts to access the address who understands the legality of the issue.

370

Chair Burdick

Explains that there are methods outlined in the bill that tell law enforcement how to legally access the information.

393

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of SB 250 (EXHIBIT F).

448

Sen. Prozanski

Declares his support for this concept, but expresses his hesitance over the drafting of the bill conflicting with certain rights of the accused.

TAPE 80, A

018

Shankle

Explains that the conflict was not intended in the bill, and expresser her desire to work through any problems the committee might have with the bill.

028

O’Leary

Comments on a possible drafting amendment that will alleviate the concerns talked about earlier.

047

Hebb

States they would support such an amendment.

049

Sen. Prozanski

Agrees with counsel’s proposed amendment.

058

Arnie Green

Executive Director, Community Works.  Testifies in support of SB 850. 

099

Jayne Downing

Executive Director, Mid-Valley Women’s Crisis Service.  Submits testimony and testifies in support of SB 850 (EXHIBIT G).

133

Denise Washington

Executive Director, Oregon Coalition Against Domestic & Sexual Violence.  Submits testimony and testifies in support of SB 850 (EXHIBIT H). 

175

Brad Swank

Oregon Judicial Department.  Expresses his support for the concept of SB 850, but cites issues he hesitates to provide full support over.

205

Chair Burdick

Articulates her desire to form a work group to focus on a possible amendment.  Closes the public hearing on SB 850 and opens a work session on SB 36.

SB 36 – WORK SESSION

222

Joe O’Leary

Counsel.  Describes SB 36 relating to new subpoenas not needing to be served in criminal actions when the date or time of appearance has changed if the person subpoenaed is notified of the change.  Introduces the -2 amendment and the hand-engrossed version dated March 23, 2005 (EXHIBITS I & J).

249

Sen. Starr

MOTION:  Moves to ADOPT SB 36-2 amendments dated 3/8/05.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Ringo, Walker, Whitsett

251

Chair Burdick

Hearing no objection, declares the motion CARRIED.

252

Sen. Starr

MOTION:  Moves SB 36 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Ringo, Walker, Whitsett

255

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

259

Chair Burdick

Closes the work session on SB 36 and opens a public hearing on SB 913.

SB 913 – PUBLIC HEARING

261

Joe O’Leary

Counsel.  Describes SB 913 relating to the Department of Human Services (DHS) being required to suspend medical assistance for certain persons while they are residing in public institutions.

290

Scott Taylor

Chief of Community Corrections, Oregon Department of Corrections (DOC).  Submits testimony and testifies in support of SB 913 (EXHIBIT K).

332

Taylor

Addresses the funding problems facing the DOC and how this bill would alleviate some of those issues.

349

Arthur Tolan

Administrator, Counseling and Treatment Services.  Testifies in support of SB 913.

366

Bob Nikkel

Administrator of the Office of Mental Health and Addiction Services, Department of Human Services.  Submits testimony and testifies in a neutral stance on SB 913 (EXHIBIT L).

410

Nikkel

Talks about the issues dealing with the creation of a fiscal impact for the bill.

440

Chair Burdick

Asks if inmates inside the Department of Corrections lose their eligibility for Medicaid-type benefits.

445

Nikkel

Explains the situation facing both inmates and individuals in the Oregon State Hospital in relation to eligibility for Medicaid and other programs.

465

Sen. Prozanski

Comments on the term “correctional facilities” within the bill including the Oregon State Hospital.

TAPE 79, B

025

Scott Manchester

Executive Director, Oregon Chapter of the National Association of Social Workers.  Submits testimony and testifies in support of SB 913 (EXHIBIT M).

060

Chair Burdick

Asks if he wants the Oregon State Hospital to be included in the definitions discussed above.

062

Manchester

Replies yes.

063

Angela Kimball

Association of Oregon Community Mental Health Programs.  Submits written testimony from Glen Stanton and a 2005 study on reducing recidivism through the suspension of benefits and the continuity of care (EXHIBITS N & O).  Submits the High Booking Study, March 2005 (EXHIBIT Q).

115

Phillip Chadsey

Chairman, National Alliance for the Mentally Ill.  Submits testimony and testifies in support of SB 913 (EXHIBIT P).

130

Chair Burdick

Closes the public hearing on SB 913 and opens a public hearing on SB 915.

SB 915 – PUBLIC HEARING

140

Joe O’Leary

Counsel.  Describes SB 915 relating to allowing defendants charged with Class C felonies to enter a plea of not guilty in writing.

149

Judge Terry Leggert

Marion County Judge.  Testifies in a neutral stance on SB 915.

167

Sen. Prozanski

Inquires about the requirements for individuals who are supposed to attend court appearances dealing with Class C felonies.

177

Leggert

Comments on the appearance process after the bill is passed, and currently.  Advocates the use of video appearances and phone appearances for these types of court cases.

213

Chair Burdick

Asks if she already does this.

215

Leggert

Replies no, and expresses her desire to streamline the process.

227

Chair Burdick

Inquires if she wants the courts to have this responsibility instead of the district attorney.

229

Leggert

Responds yes.

231

Sen. Prozanski

Wonders about certain court circumstances, and how the bill would affect them.

238

Leggert

Discusses the above scenarios.

246

Sen. Prozanski

Cites his hesitance over issues in the bill from the point of view as a prosecutor.

266

Leggert

Addresses the earlier issues, and talks about why the judges are the ones who should be making these decisions on appearances.

290

Bradd Swank

Oregon Judicial Department.  Testifies in a neutral stance on SB 915.  Details the process of court appearances dealing with not guilty pleas.

337

Chair Burdick

Closes the public hearing on SB 915 and adjourns the meeting at 2:30 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 850, -1 amendment, Sen. Devlin, 3 pp
  2. SB 850, hand-engrossed version, staff, 9 pp
  3. SB 850, written testimony, Sen. Devlin, 1 p
  4. SB 850, written testimony, Sybil Hebb, 1 p
  5. SB 850, written testimony, Sybil Hebb, 2 pp
  6. SB 850, written testimony, Ronelle Shankle, 1 p
  7. SB 850, written testimony, Jayne Downing, 2 pp
  8. SB 850, written testimony, Denise Washington, 1 p
  9. SB 36, -2 amendment, staff, 1 p
  10. SB 36, hand-engrossed version, staff, 2 pp
  11. SB 913, written testimony, Scott Taylor, 2 pp
  12. SB 913, written testimony, Bob Nikkel, 2 pp
  13. SB 913, written testimony, Scott Manchester, 2 pp
  14. SB 913, written testimony, Angela Kimball, 2 pp
  15. SB 913, Study: Reducing Recidivism, Angela Kimball, 1 p
  16. SB 913, written testimony, Phillip D. Chadsey, 1 p
  17. SB 913, High Booking Study, Angela Kimball, 53 pp