SENATE COMMITTEE ON JUDICIARY
March 28, 2005 Hearing Room 343
1:00 P.M. Tapes 83 - 84
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Vicki Walker
Sen. Doug Whitsett
MEMBER EXCUSED: Sen. Charlie Ringo
STAFF PRESENT: Joe O'Leary, Counsel
Heidi Moawad, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 89 – Work Session
SB 208 – Work Session
SB 489 – Work Session
SJR 26 – Public Hearing
SJR 27 – Public Hearing
SB 705 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 83, A |
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003 |
Chair Burdick |
Calls the meeting to order at 1:20 p.m. and opens a work session on SB 89. |
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SB 89 – WORK SESSION |
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009 |
Joe O’Leary |
Counsel. Describes SB 89 relating to the creation of a crime of custodial sexual misconduct in the first degree. Introduces the -1 amendment (EXHIBIT A). Discusses the proposed -2 amendment (EXHIBIT B). |
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030 |
Chair Burdick |
Details the -1 and -2 amendment. |
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037 |
Sen. Starr |
MOTION: Moves to ADOPT SB 89-1 amendments dated 3/21/05. |
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VOTE: 6-0-1 EXCUSED: 1 - Ringo |
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040 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
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044 |
Chair Burdick |
Puts SB 89 over until Tuesday, March 29, 2005. Closes the work session on SB 89 and opens a work session on SB 208. |
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SB 208 – WORK SESSION |
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058 |
Joe O’Leary |
Counsel. Describes SB 208 relating to expanding the state no call program and the regulation of unlawful telephone solicitations to include all telephone customers of telecommunications companies. Introduces the -2 amendment (EXHIBIT C). Comments on the proposed amendment for SB 208 (EXHIBIT D). |
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080 |
Chair Burdick |
Addresses the proposed -2 amendment. |
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100 |
Paul Cosgrove |
Oregon Financial Services Association. Discusses the amendments before the committee. |
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120 |
Sen. Walker |
Inquires if the opponents during the public hearing, who are not here, support these amendments. |
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127 |
Eva Terres |
Department of Justice. Explains the concerns the Attorney General’s office has with the current bill. |
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133 |
Chair Burdick |
Moves SB 208 to Tuesday, March 29, 2005. Closes the work session on SB 208 and opens a work session on SB 489. |
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SB 489 – WORK SESSION |
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150 |
Joe O’Leary |
Counsel. Describes SB 208 relating to repealing the provision allowing the appeal of the Public Utility Commission orders to the circuit court. Discusses the -1 amendment (EXHIBIT E). |
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166 |
Chair Burdick |
Submits written testimony from Dan Meeks (EXHIBIT F). Addresses the possibility of an emergency clause. |
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181 |
Sen. Starr |
MOTION: Moves to ADOPT SB 489-1 amendments dated 3/17/05. |
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VOTE: 6-0-1 EXCUSED: 1 - Ringo |
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183 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
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186 |
Sen. Starr |
MOTION: Moves SB 489 to the floor with a DO PASS AS AMENDED recommendation. |
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189 |
Sen. Walker |
Asks for more time to analyze the written testimony. Declares her current support of the bill, but advises that she might change her mind later. Discusses the written testimony of Dan Meeks (Exhibit F). |
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215 |
Sen. Whitsett |
Agrees with Sen. Walker’s hesitation. |
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221 |
Sen. Walker |
Wonders about holding the bill until Wednesday, March 30, 2005. |
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231 |
Chair Burdick |
Puts SB 489 to Wednesday, March 30, 2005. |
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233 |
Starr |
Withdraws motion to move SB 489 as amended to the senate floor. |
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241 |
Chair Burdick |
Closes the work session on SB 489 and opens a public hearing on SJR 26. |
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SJR 26 – PUBLIC HEARING |
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|
246 |
Heidi Moawad |
Counsel. Describes SJR 26 relating to the development of protocols to address the issues surrounding the manufacture, distribution and use of methamphetamine and the dangers to children exposed to such activities. |
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280 |
Craig Campbell |
Governor’s Office. Testifies in support of SJR 26. Comments on the dangers facing children in meth producing environments. |
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302 |
Chair Burdick |
Asks if this approach was employed to avoid the unfunded mandate issue. |
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305 |
Campbell |
Replies yes, and offers information on their choice. |
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317 |
Sen. Prozanski |
Discusses the majority of people (not law enforcement personal) not understanding the protocols. |
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335 |
Campbell |
Responds that they would have no problem with such an amendment. |
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347 |
Sen. Prozanski |
Raises several issues with the bill dealing with the choice of a resolution. States that this bill is more tailored to the interim. Declares his hesitant support for the current bill. |
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388 |
Campbell |
Discusses the different organizations and counties working on the bill. |
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398 |
Sen. Prozanski |
Advocates work groups cooperating on this issue as it relates to their area (different counties, local law enforcement, etc.) of interest and expertise. |
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435 |
Sen. Prozanski |
Continues a discussion on the different groups and entities that should be helping with the drafting of this bill. |
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471 |
Sen. Beyer |
Details how SB 912 could have the resolutions added to the drafting, making the entire process more streamlined. |
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TAPE 84, A |
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038 |
Sen. Prozanski |
Asks if both resolutions would be able to be adopted in this way. |
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045 |
Chair Burdick |
Responds that this hearing is only on SJR 26. Closes the public hearing on SJR 26 and opens a public hearing on SJR 27. |
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SJR 27 – PUBLIC HEARING |
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046 |
Heidi Moawad |
Counsel. Describes SJR 27 relating to the creation of a drug court for methamphetamine users. |
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060 |
Karen Wheeler |
Addiction Policy and Program Development Manager, Department of Human Services. Submits testimony and a fact sheet on Drug Courts, and testifies in support of SJR 27 (EXHIBITS G & H). Advocates for certain minor drafting choices in the bill. |
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117 |
Judge Dennis Graves |
Marion County Circuit Court and Drug Court Judge. Submits a testimony packet and testifies in support of SJR 27 (EXHIBIT I). Details the success of drug courts. |
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162 |
Chair Burdick |
Asks Judge Graves for a brief outline of his drug court selection process. |
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168 |
Graves |
Explains the drug court process, including the funding and selection process. |
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198 |
Graves |
Discusses the repercussions of failing to follow the program. |
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212 |
Graves |
Comments on the graduation requirement. |
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225 |
Chair Burdick |
Points out that the committee members should visit the drug court to analyze the successes and failures. |
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232 |
Graves |
Talks about the use of a jail bed as a possible method of enforcement. |
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254 |
Sen. Whitsett |
Inquires about the case load Judge Graves currently faces. |
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265 |
Graves |
Details his current work load, and his reasoning behind supporting the drug courts. |
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285 |
Sen. Prozanski |
Wonders about employment rates when the person is in drug court. |
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288 |
Graves |
Replies with information on employment methods used by the court. |
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304 |
Sen. Prozanski |
Asks about employers in the private sector allowing their employees to continue the program. |
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310 |
Graves |
Responds that the participants in the drug court have no problem getting jobs in the community. |
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326 |
Pat Schreiner |
Commander, Parole and Probation Division, Marion County Sheriff’s Office. Testifies in support of SJR 27, and expresses his support for drug courts in general. Addresses the current literature that proves the success of drug courts. |
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365 |
Schreiner |
Discusses the “What works” literature; drug courts are within this category. Explains how the drug courts stack up against other methods of prevention and treatment. |
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405 |
Schreiner |
Continues the discussion on prevention methods used by the drug courts. |
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439 |
Chair Burdick |
States that the drug court being discussed during the road trip on March 17, 2005 to Pendleton, Oregon. |
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460 |
Mike Weiner |
Drug Court Graduate. Discusses his background before the Polk County drug court. |
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TAPE 83, B |
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027 |
Weiner |
Details the opportunity he was given to begin drug court. |
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057 |
Weiner |
Talks about several different prevention programs that weren’t as effective as drug court. |
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078 |
Chair Burdick |
Commends Mr. Weiner on his testimony, and asks about drug court keeping him honest. |
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082 |
Weiner |
Replies that drug court makes it nearly impossible to hide drug or alcohol abuse. Describes his current status with drug court. |
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108 |
Graves |
Declares that drug court meets every Friday from 10:00 a.m. until 12:00 p.m., and welcomes any members of the legislature to visit. |
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121 |
Gina Firm |
Director, Association of Community Mental Health Programs. Testifies that alcohol and drug treatment programs have been cut over the past two biennium. |
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137 |
Chair Burdick |
Closes the public hearing on SJR 27 and opens a public hearing on SB 705. |
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SB 705 – PUBLIC HEARING |
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|
143 |
Joe O’Leary |
Counsel. Describes SB 705 relating to requiring the Department of Corrections to study and report to the Seventy-fourth Legislative Assembly on rates and types of infectious diseases of persons committed to physical and legal custody of the department. |
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148 |
Paul Cosgrove |
Cascade Aids Project. Testifies in support of SB 705. Talks about the studies on HIV and hepatitis within the Department of Corrections (DOC). |
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195 |
Cosgrove |
Details the costs to the correction systems due to diseases such as HIV and hepatitis. |
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218 |
Dr. Steve Shelton |
Medical Director, Department of Corrections Health Services. Submits testimony and testifies in support of the intent of the bill, but explains that the DOC is already reporting on this issue (EXHIBIT J). |
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263 |
Shelton |
Talks about how there are over 50 different infectious diseases, and how the health department already researches their prevalence in the DOC. |
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286 |
Sen. Whitsett |
Asks about the scope of the testing already done at the DOC. |
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295 |
Shelton |
Discusses the recent study by the DOC on the issue of infectious diseases. |
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328 |
Chair Burdick |
Inquires about the preventative methods employed by the DOC to halt the spread of these diseases. |
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335 |
Shelton |
Comments on the methods used by the DOC. |
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365 |
Shelton |
Describes the process for preventing the spread of diseases in the DOC. |
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403 |
Sen. Whitsett |
Asks about testing inmates when they enter the DOC. |
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413 |
Shelton |
States that they have discussed that alternative, but the legal problems and effectiveness are prohibitive. |
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437 |
Sen. Prozanski |
Wonders about past studies or methods that have tried to track inmates with these diseases. |
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450 |
Shelton |
Discusses the past studies employed by the DOC and the diseases they have tracked. |
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495 |
Shelton |
Continues the discussion on previous studies on infectious diseases. |
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TAPE 84, B |
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047 |
Chair Burdick |
Closes the public hearing on SB 705 and adjourns the meeting at 2:45 p.m. |
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EXHIBIT SUMMARY