SENATE COMMITTEE ON JUDICIARY
April 12, 2005 Hearing Room 343
1:00 P.M. Tapes 103 - 105
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Charlie Ringo
Sen. Vicki Walker
Sen. Doug Whitsett
STAFF PRESENT: Joe O'Leary, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 435 – 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 103, A |
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003 |
Chair Burdick |
Calls the meeting to order at 1:14 p.m. and opens a public hearing on SB 435. |
|
SB 435 – PUBLIC HEARING |
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|
032 |
Rep. Gary Hansen |
House District 44. Testifies in support of SB 435. Talks about the failure of Measure 30 forcing a re-evaluation of the budget. |
|
053 |
Rep. Hansen |
Advocates fiscal responsibility in our public safety system. |
|
068 |
Rep. Chip Shields |
House District 43. Submits testimony from the Citizen’s Crime Commission and his own written testimony and testifies in support of SB 435 (EXHIBITS A & B). |
|
110 |
Rep. Shields |
Continues reading testimony in support of SB 435 relating to why this bill is important and needs to be implemented immediately. |
|
148 |
Chair Burdick |
Inquires about the earned time rate in comparison to recidivism in Washington state. |
|
153 |
Rep. Shields |
Discusses the preventative programs and methods that Washington uses to combat recidivism. |
|
165 |
Sen. Ringo |
Commends the Representatives for their support of the bill. Inquires about the recidivism in Oregon as opposed to Washington. |
|
171 |
Rep. Shields |
Talks about the different Department of Corrections in both Washington and Oregon. |
|
189 |
Craig Prins |
Executive Director, Criminal Justice Commission. Discusses their assumptions when analyzing the bill and the -2 amendment. Goes over the process used by Legislative Fiscal to arrive at a fiscal impact statement for any bill impacting the criminal justice system. |
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232 |
Sen. Prozanski |
Asks for any hard copies of the documents he is discussing. |
|
234 |
Prins |
Replies that the amendment came in too late to accurately draft any fiscal statement at the moment. |
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249 |
O’Leary |
Talks about the effects resulting from the passage of the -2 amendment. |
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280 |
Prins |
Discusses earned time behavior within the system. |
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300 |
Chair Burdick |
Asks for the ratio of earned time for inmates. |
|
306 |
Sue Porter |
Office of Economic Analysis. Details the process for arriving at the ratio under question. Cites an average ratio from the last few years. |
|
336 |
Claudia Black |
Portland State University. Submits written testimony and presents data on recidivism rates within Oregon (EXHIBIT D). |
|
364 |
Black |
Goes over information on the data in the study, and talks about inmate characteristics in relation to recidivism. |
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388 |
Sen. Prozanski |
Asks about the data relating to recidivism rates. |
|
391 |
Black |
Addresses the question by Sen. Prozanski on recidivism rates, and continues her presentation. |
|
406 |
Black |
Discusses the fact that individuals who behave in prison are more likely to behave when released. |
|
450 |
Sen. Whitsett |
Inquires about the age of inmates in relation to her recidivism study results. |
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462 |
Black |
Replies that she isn’t sure about the information, but will get the data to Sen. Whitsett. |
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TAPE 104, A |
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|
022 |
Sen. Prozanski |
Asks about the data set from the study. |
|
035 |
Black |
Responds that the research was based only on the Department of Corrections data. |
|
041 |
Sen. Beyer |
Wonders about the ratio of earned time. |
|
043 |
Black |
States that, at the time of this study, around 60% of inmates earned the maximum time credit. Gives statistical numbers over the last few years. |
|
055 |
Prins |
Stresses that some people are not eligible for earned time, and that these numbers need to be looked at. |
|
061 |
Black |
Clarifies that this study focused only on inmates eligible for earn time credit. |
|
067 |
Sen. Beyer |
States that the results of the study seem like basic logic. |
|
093 |
Brigette Sarabi |
Executive Director, Western Prison Project. Submits two testimony packets and testifies in support of SB 435 (EXHIBITS E & G). |
|
128 |
Sarabi |
Explains that the bill will save money; cites numbers on the amount saved by passing this bill. |
|
155 |
John Topogna |
Eco Northwest. Submits a chart on government corrections expenditures and testifies in support of SB 435 (EXHIBIT F). |
|
209 |
Cynthia Guyer |
Executive Director, Portland Schools Foundation. Submits testimony and testifies in support of SB 435 (EXHIBIT H). Details her personal story where she was a victim of armed robbery. |
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245 |
Guyer |
Acknowledges the finite amount of funding available for corrections. |
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279 |
Sen. Prozanski |
Asks who this bill, with the -2 amendment, would apply to. |
|
288 |
O’Leary |
Replies with information on the effects of the -2 amendment. |
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299 |
Sen. Beyer |
Inquires about the effects of the Blakely decision on this bill. |
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306 |
O’Leary |
Responds that this bill would not be impacted by the Blakely decision. |
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325 |
Sen. Whitsett |
Wonders about the increase of possible crime resulting from the early release of inmates. |
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333 |
Topogna |
Details the policy effects from the bill. |
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351 |
Sarabi |
Offers information on recent studies from the Washington Institute for Public Policy on preventative programs aimed at reducing recidivism. |
|
398 |
Steve Doell |
Crime Victims United of Oregon. Submits written testimony and testimony from the Oregon Association Chiefs of Police testifies in opposition to SB 435 (EXHIBITS I & K). Talks about the ideology and morality involved with public safety. |
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434 |
Howard Rodstein |
Crime Victims United. Testifies in opposition to SB 435. Addresses the recidivism rates in Oregon. Discusses how Oregon’s crime rate has decreased over the past few years. |
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475 |
Rodstein |
Comments on the crimes affected by this bill. |
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504 |
Rodstein |
Talks about a recent meeting with Ben DeHaan, a past Director of the Oregon Department of Correction, where he agreed that the study does not provide evidence that increasing earned time causes lower recidivism. |
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TAPE 103, B |
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|
040 |
Rodstein |
Argues against the figures cited by the study presented earlier relating to earned time causing lower recidivism. |
|
068 |
Bob Herman |
Washington County District Attorney. Testifies in opposition to SB 435. Stresses the importance of having an individual stay in prison for the entire sentence s/he was charged for. |
|
110 |
John Foote |
Clackamas County District Attorney. Testifies in opposition to SB 435. Discusses the reasoning behind the mandatory minimum sentencing guidelines placed in effect with Measure 11. |
|
126 |
Foote |
Addresses a letter from Multnomah County District Attorney Mike Schrunk (EXHIBIT J). |
|
165 |
Douglas Harcleroad |
Lane County District Attorney. Submits testimony and a handout on sentencing guidelines and testifies in opposition to SB 435 (EXHIBITS L & M). |
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201 |
Chair Burdick |
Points out that there are a finite amount of beds in the prisons and asks about the necessity of these inmates to occupy the beds. |
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228 |
Doell |
Stresses that, according to the Criminal Justice Commission, 72% of individuals who commit felonies do not go to prison. |
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234 |
Foote |
Advocates proportional response to crimes. |
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245 |
Sen. Prozanski |
Addresses the -2 amendment, and asks about the standpoint of the Oregon District Attorneys Association. |
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253 |
Herman |
Replies that they are opposed to SB 435 with or without the amendment. |
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261 |
Sen. Prozanski |
Inquires about the 20% reduction in sentencing guidelines. |
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268 |
Foote |
Talks about the 20% reduction in sentencing guidelines. |
|
276 |
Sen. Prozanski |
Wonders about violent crime reducing before 1995, and how it was possibly going down in Oregon. |
|
286 |
Rodstein |
Discusses violent crime rates in Oregon over the past forty years. |
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300 |
Sen. Whitsett |
Asks about the percentages and ratios of reported crimes to actual convictions. |
|
308 |
Rodstein |
Cites a recent study dealing with reported crimes and convictions. Stresses that a large percentage of felony crimes do not result in convictions. |
|
351 |
Robert Zimmer |
Former law enforcement officer. Submits testimony and testifies in support of SB 435 (EXHIBIT N). |
|
405 |
Arwen Bird |
Crime Survivors for Community Safety. Submits testimony and testifies in support of SB 435 (EXHIBIT O). |
|
445 |
Bird |
Stresses the importance of increasing the awareness and access to recidivism prevention within the corrections system. |
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TAPE 104, B |
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039 |
Jessica Stevens |
Human Services Coalition of Oregon. Testifies in support of SB 435. Acknowledges the budgetary difficulties facing the legislature this session, but advocates for the passage of this bill. |
|
063 |
Jo Smith |
Jo Smith Associates. Submits testimony and testifies in support of SB 435 (EXHIBIT P). |
|
106 |
Pete Shepherd |
Deputy Attorney General, Department of Justice. Submits testimony and testifies in opposition to SB 435 (EXHIBIT Q). |
|
120 |
Shepherd |
Addresses the issue of plea negotiations offered by the District Attorney during the last few years. |
|
160 |
Janyce M. Iturra |
Mother of a murdered son, Eugene. Submits testimony and details her personal story involving violent crime (EXHIBIT R). |
|
192 |
Iturra |
States that her family has been extremely emotionally harmed due to this occurrence. Stresses that these people are in prison for a reason and need to remain in prison for as long as possible. |
|
225 |
Sen. Walker |
Commends the witness on her testimony. |
|
232 |
John Bradley |
Assistant to Michael Schrunk, District Attorney in Multnomah County. Testifies in opposition to SB 435. |
|
260 |
John Bradley |
Addresses the issue of the Blakely decision affecting minimum sentencing guidelines. |
|
286 |
Chair Burdick |
Asks about a cap for earned time. |
|
303 |
Mark McDonald |
Multnomah County District Attorneys Office. Testifies in opposition to SB 435. |
|
330 |
McDonald |
Addresses the sentencing guideline chart, and certain situations that would be affected by SB 435. |
|
377 |
Sen. Prozanski |
Talks about the methamphetamine issue and how Oregon is not the only state facing this problem. |
|
390 |
Shepherd |
Addresses the question relating to allowing the court to permit lower amounts of earned time for convicted individuals. |
|
432 |
Tom Faye |
Oregon Community College Association. Submits testimony and testifies in support of SB 435 (EXHIBIT S). Talks about the budget constraints facing the colleges today. |
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TAPE 105, A |
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|
015 |
Faye |
Stresses the importance of funding community colleges, and how communities should not be forced to sacrifice their education for their safety. |
|
025 |
Paul Solomon |
Director, Men’s Services, Sponsors, Inc. Testifies in support of SB 435. Talks about the benefits resulting from allowing earned time. |
|
068 |
William Robinson |
Former inmate. Submits testimony and testifies in support of SB 435 (EXHIBIT T). Expresses his belief that earned time is an incredible impetus for offenders to shape up. |
|
118 |
Verla Stice |
Testifies in opposition to SB 435. Details her mother’s story with violent crime and sexual abuse. |
|
151 |
Christa Loveland |
Director, Women’s Information Networking Service. Submits testimony and testifies in opposition to SB 435 (EXHIBIT U). |
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188 |
Loveland |
Talks about how every day is vital to the healing of a victim of a violent crime. |
|
240 |
Cynthia Boyd |
Registered Nurse, mother of two. Testifies in opposition to SB 435. Details her personal story of personal violence. |
|
286 |
Chair Burdick |
Introduces testimony from Janet Lovelace, Lloyd Clodfelter, Marie Armstrong, Elaine Premo, and Charlotte Comito (EXHIBITS V – Z). Closes the public hearing on SB 435 and adjourns the meeting at 3:20 p.m. |
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EXHIBIT SUMMARY