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.

 

TAPE/#

Speaker

Comments

TAPE 83, A

003

Chair Burdick

Calls the meeting to order at 1:20 p.m. and opens a work session on SB 89.

SB 89 – WORK SESSION

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).

030

Chair Burdick

Details the -1 and -2 amendment.

037

Sen. Starr

MOTION:  Moves to ADOPT SB 89-1 amendments dated 3/21/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

040

Chair Burdick

Hearing no objection, declares the motion CARRIED.

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.

SB 208 – WORK SESSION

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).

080

Chair Burdick

Addresses the proposed -2 amendment.

100

Paul Cosgrove

Oregon Financial Services Association.  Discusses the amendments before the committee.

120

Sen. Walker

Inquires if the opponents during the public hearing, who are not here, support these amendments.

127

Eva Terres

Department of Justice.  Explains the concerns the Attorney General’s office has with the current bill. 

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.

SB 489 – WORK SESSION

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).

166

Chair Burdick

Submits written testimony from Dan Meeks (EXHIBIT F).  Addresses the possibility of an emergency clause.

181

Sen. Starr

MOTION:  Moves to ADOPT SB 489-1 amendments dated 3/17/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

183

Chair Burdick

Hearing no objection, declares the motion CARRIED.

186

Sen. Starr

MOTION:  Moves SB 489 to the floor with a DO PASS AS AMENDED recommendation.

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).

215

Sen. Whitsett

Agrees with Sen. Walker’s hesitation.

221

Sen. Walker

Wonders about holding the bill until Wednesday, March 30, 2005.

231

Chair Burdick

Puts SB 489 to Wednesday, March 30, 2005.

233

Starr

Withdraws motion to move SB 489 as amended to the senate floor.

241

Chair Burdick

Closes the work session on SB 489 and opens a public hearing on SJR 26.

SJR 26 – PUBLIC HEARING

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.

280

Craig Campbell

Governor’s Office.  Testifies in support of SJR 26.  Comments on the dangers facing children in meth producing environments.

302

Chair Burdick

Asks if this approach was employed to avoid the unfunded mandate issue.

305

Campbell

Replies yes, and offers information on their choice.

317

Sen. Prozanski

Discusses the majority of people (not law enforcement personal) not understanding the protocols.

335

Campbell

Responds that they would have no problem with such an amendment.

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.

388

Campbell

Discusses the different organizations and counties working on the bill.

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.

435

Sen. Prozanski

Continues a discussion on the different groups and entities that should be helping with the drafting of this bill.

471

Sen. Beyer

Details how SB 912 could have the resolutions added to the drafting, making the entire process more streamlined.

TAPE 84, A

038

Sen. Prozanski

Asks if both resolutions would be able to be adopted in this way.

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.

SJR 27 – PUBLIC HEARING

046

Heidi Moawad

Counsel.  Describes SJR 27 relating to the creation of a drug court for methamphetamine users.

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.

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. 

162

Chair Burdick

Asks Judge Graves for a brief outline of his drug court selection process.

168

Graves

Explains the drug court process, including the funding and selection process.

198

Graves

Discusses the repercussions of failing to follow the program.

212

Graves

Comments on the graduation requirement.

225

Chair Burdick

Points out that the committee members should visit the drug court to analyze the successes and failures.

232

Graves

Talks about the use of a jail bed as a possible method of enforcement.

254

Sen. Whitsett

Inquires about the case load Judge Graves currently faces.

265

Graves

Details his current work load, and his reasoning behind supporting the drug courts.

285

Sen. Prozanski

Wonders about employment rates when the person is in drug court.

288

Graves

Replies with information on employment methods used by the court.

304

Sen. Prozanski

Asks about employers in the private sector allowing their employees to continue the program.

310

Graves

Responds that the participants in the drug court have no problem getting jobs in the community.

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.

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.

405

Schreiner

Continues the discussion on prevention methods used by the drug courts.

439

Chair Burdick

States that the drug court being discussed during the road trip on March 17, 2005 to Pendleton, Oregon.

460

Mike Weiner

Drug Court Graduate.  Discusses his background before the Polk County drug court.

TAPE 83, B

027

Weiner

Details the opportunity he was given to begin drug court.

057

Weiner

Talks about several different prevention programs that weren’t as effective as drug court.

078

Chair Burdick

Commends Mr. Weiner on his testimony, and asks about drug court keeping him honest.

082

Weiner

Replies that drug court makes it nearly impossible to hide drug or alcohol abuse.  Describes his current status with drug court.

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.

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.

137

Chair Burdick

Closes the public hearing on SJR 27 and opens a public hearing on SB 705.

SB 705 – PUBLIC HEARING

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.

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).

195

Cosgrove

Details the costs to the correction systems due to diseases such as HIV and hepatitis.

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).

263

Shelton

Talks about how there are over 50 different infectious diseases, and how the health department already researches their prevalence in the DOC.

286

Sen. Whitsett

Asks about the scope of the testing already done at the DOC.

295

Shelton

Discusses the recent study by the DOC on the issue of infectious diseases.

328

Chair Burdick

Inquires about the preventative methods employed by the DOC to halt the spread of these diseases.

335

Shelton

Comments on the methods used by the DOC.

365

Shelton

Describes the process for preventing the spread of diseases in the DOC.

403

Sen. Whitsett

Asks about testing inmates when they enter the DOC.

413

Shelton

States that they have discussed that alternative, but the legal problems and effectiveness are prohibitive.

437

Sen. Prozanski

Wonders about past studies or methods that have tried to track inmates with these diseases.

450

Shelton

Discusses the past studies employed by the DOC and the diseases they have tracked.

495

Shelton

Continues the discussion on previous studies on infectious diseases.

TAPE 84, B

047

Chair Burdick

Closes the public hearing on SB  705 and adjourns the meeting at 2:45 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 89, -1 amendment, staff, 2 pp
  2. SB 89, proposed amendments, staff, 1 p
  3. SB 208, -2 amendment, staff, 2 pp
  4. SB 208, proposed amendments, staff, 1 p
  5. SB 489, -1 amendment, staff, 1 p
  6. SB 489, written testimony, Daniel Meek, 3 pp
  7. SJR 27, written testimony, Karen Wheeler, 2 pp
  8. SJR 27, Drug Courts: Facts and Figures, Karen Wheeler, 2 pp
  9. SJR 27, Drug Court Graduation Bios, Dennis Graves, 22 pp
  10. SB 705, written testimony, Steve Shelton, 2 pp