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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (March 22, 2017)
9A THE DAILY ASTORIAN • WEDNESDAY, MARCH 22, 2017 Prison use: District attorney downplayed the use of stats Continued from Page 1A “The bottom line is, if they make it so difficult, the state — make it so difficult — then we’re not going to play their games,” he said. Bergin, like District Attor- ney Josh Marquis, believes the felons who have been going to prison for drug and prop- erty crimes belong in prison, although he said probation officers could benefit from more discretion to sanction offenders locally. Marquis faulted “Port- land-area legislators” and administrators in Salem for a justice reinvestment philoso- phy he dubbed as: “Prison bad. Probation good. Jail almost as bad.” Marquis doubted whether the state will make a long- term commitment to justice reinvestment and discour- aged overly relying on state grants to finance local staff or programs. Starker picture After The Daily Astorian reported Friday on the coun- ty’s performance under justice reinvestment, the district attor- ney circulated data that he col- lected from the courts and the Oregon Criminal Justice Com- mission to put the issue into greater context. Last year, for example, Clatsop County prosecuted 461 felony cases, substantially more than the 368 in nearby Columbia County and the 279 in Tillamook County, a volume related to Clatsop County’s tourism-fueled visitor indus- try. Lincoln County, which includes Newport and has a population and visitor industry similar to Clatsop County, had 581 felony cases last year. Yet the other data Mar- quis released portrays an even starker picture of Clatsop County’s prison use than the newspaper’s report. Clatsop County was sec- ond only to Josephine County in prison use per 100,000 pop- ulation last year for the drug and property crimes that are the focus of justice reinvest- ment. The county was third — behind Klamath and Marion counties— in prison use for the more serious and violent crimes against people. And the county was second, behind Klamath, in total prison use statewide. Marquis has downplayed the use of statistics in criminal justice reform and has instead emphasized the importance of assessing crimes and sentences individually. “It’s not about statistics,” he said. “It’s about people.” Downward departure Drilling down, the coun- ty’s higher prison use for drug and property crimes appears to stem from sentencing orders known as downward depar- tures, particularly for prop- erty crimes, where the terms of probation are restrictive and put offenders on a path toward revocation and prison. The District Attorney’s Office does not agree to structured sanctions that enable probation officers to discipline offenders, so probation violations come back before judges for review. Desperate to avoid prison, many defendants accept the conditions even though the odds are against them. Kirk Wintermute, a defense attorney, said offenders with mental health or substance abuse problems will likely violate the terms and be vul- nerable to probation revoca- tion. He said he has at times advised clients not to take the deals “because, frankly, often it’s not in their interest. But they make decisions, and they do it.” Judge Brownhill asked Marquis, if the standard is about people and not num- bers, why the District Attor- ney’s Office takes a uniform stand against structured sanc- tions in downward departure negotiations. “Why not tailor each sen- tence to the individual?” the judge pressed. Marquis responded that prosecutors would give up a measure of control over cases if probation officers had more discretion. “If we don’t say no structured sanctions, then essentially it’s ‘Goodbye, Lucille,’” he said, even though prosecutors get notice of any sanctions and can object. Participants at the meeting recognized that overcrowd- ing at the county’s 60-bed jail means less flexibility to man- age felons who violate pro- bation with short jail stays and other sanctions and avoid sending them to prison. Gaps in mental health and sub- stance-abuse treatment are also obstacles to local supervision. Balance Brownhill urged Marquis to consider agreeing more often to alternative incarcer- ation programs, where felons who are sentenced to prison can receive treatment while in custody in return for early release. Prosecutors at times oppose the treatment programs to ensure felons will serve more of their sentences. The work group will have to balance the interests of judges, prosecutors, probation offi- cers and defense attorneys and the larger concerns about jus- tice, victims’ rights and public safety. Brownhill, Marquis and Bergin are elected officials, and ultimately answer to vot- ers, while the probation office is under Bergin’s domain at the Sheriff’s Office. Brownhill said the work group would not make demands on the District Attor- ney’s Office. “Nobody is going to tell you how to run your office,” the judge assured Marquis. “It sort of sounds like that,” the district attorney replied. Bill: ‘We’ve made more progress today than we made in the last decade’ power generators. Having a seismic assess- impending … earthquake it ment “would be critical would be helpful to under- as a political motivator in stand the needs of every the community,” Thielman school district,” Parrish said. said. “It would drive every- Some schools with enroll- thing we do. It is absolutely ment of less than 200 were paramount.” omitted from the 2007 sur- Gov. Kate Brown vey to save time and money. included $200 million in her Thirty-nine school districts 2017-19 proposed budget to had no buildings assessed in seismically upgrade schools, the survey, but some of those at the request of Senate Pres- districts have since paid for ident Peter Courtney, D-Sa- seismic evalua- lem, who has been tions, largely with a champion of technical assis- addressing seis- tance grant money mic shortcomings from the Oregon in the state. Department of The state Leg- Education. Nei- islature approved ther the Depart- $175 million in ment of Educa- grants to seis- tion nor DOGMI mically upgrade have a compre- schools for 2015- Julie hensive list of 17, which is pro- Parrish schools that still jected to provide need assessments. seismic retrofits Locally, only to 124 schools, the Knappa said Ed Tabor, School District program services has not had a seis- manager at Busi- mic needs assess- ness Oregon. The ment, according to business agency DOGMI. administers the Parrish’s bill grant program. includes a tally of Another 118 27 school districts, schools received Marc but that number $108 million in Thielman could not be veri- grant money for fied Tuesday. retrofits before the The catalyst for her last round, Tabor said. bill were students at Alsea Many of Oregon’s schools School District who ques- were built prior to the 1990s tioned Superintendent Marc before geologists considered Thielman about why their Oregon at high risk for major school was excluded from earthquake activity and are DOGMI’s study. not constructed to with- “I was surprised to see the stand a seismic catastrophe. school that has given me so The discovery of the Cas- much … was not included in cadia Subduction Zone off the assessment,” said Samuel the Oregon Coast revealed Littlefield, a senior at Alsea the potential hazards for the High School. state’s older schools. Littlefield, 18, spoke The last major quake on during a hearing on Parrish’s the Oregon Coast took place bill in the House Committee in January 1700, according to on Veterans and Emergency geologists. Preparedness Tuesday. He “We’ve made more prog- wrote about the situation and ress today than we made in appeared in front of the com- the last decade, but we’re mittee as part of his senior on borrowed time,” Sen- project. ate President Courtney Built in 1942, the high said in April 2016, when school serves as an emer- recipients of the seismic gency shelter for the com- grants were announced. “We munity and is equipped with can’t lose our momentum.” Continued from Page 1A Danny Miller/The Daily Astorian Philip Bales sits in his favorite chair inside his airport hanger and Man Cave, which includes a collection of donated furniture arrayed like theater seating under a large projection screen for watching movies. ‘Man Cave’: Fulton called for staff to investigate club’s history Continued from Page 1A Facing a challenge for his seat from former Clat- sop County Commissioner Dirk Rohne, Fulton chose to file against fellow Port Com- missioner James Campbell. In announcing his candidacy, Ful- ton accused Campbell of con- doning an exclusive club serv- ing alcohol at the airport. He later called the hangar an “unli- censed speakeasy” in a letter submitted to the Port Commis- sion explaining his concerns. ‘Nothing illegal’ During a tour of the hangar, Bales showed off what he said is a collection of donated items from supporters of the Man Cave, from neon beer advertise- ments and artwork to couches and a grill. In a back bathroom, he showed off the kegerator that supplies the bar, complete with the permits he obtains from the Oregon Liquor Control Commission. “I have an issue with ‘speak- easy,’ because that implies ille- gal activity,” he said. “There’s nothing illegal going on here.” Bales, who owns the hangar and leases the land it sits on from the Port, said he’s made a signif- icant investment in the hangar and hosted retirements, birthday parties and other social func- tions over the years for friends, family and local dignitaries. “He’s been here before,” Bales said of Fulton. Port Executive Director Jim Knight said the Man Cave is well-known and not prohibited by Bales’ lease. Warrenton Police Chief Mathew Workman said he has never heard of the Man Cave, received any complaints or noticed any charges for impaired driving originating at the airport. He echoed Bales’ comments that the term “speak- easy” implies illegal activity. “Whoever made the com- ment would have to back up the comment with some type of information,” Workman said. “I always ask: If something is really bothering somebody, how come they don’t report it to the proper authorities, or the author- ities at all?” Port discussion At the Port Commission meeting Tuesday, Fulton called for the staff to investigate the club’s history, any violations of rules and the Port’s potential lia- bility. He said the omission of the club could complicate the Port’s $1.96 million bond mea- sure in the May 16 election to develop a southern portion of the airport for Life Flight Net- work’s new hangar and future development. He said the Port should notify both its auditors and bond counsel. “The real liability here is … in light of what the (Federal Aviation Administration) and our insurance companies say, not what Dr. Bales says,” Ful- ton said. “The FAA teaches classes in there, so they’re aware of it,” Commissioner John Raichl responded. Knight said he’s already researched FAA’s position and the Port’s lease language. “There’s no prohibitions by either the FAA or our own leases. The insurance issue, I haven’t had a chance to take a look at that.” Port Commission Chairman Robert Mushen said he is con- cerned the issue of the hangar might cause a stir regarding the bond, which has been backed by most cities and hospitals in the region and championed by former Astoria Mayor Willis Van Dusen. Man Cave Day On Saturday is Bales’ sev- enth-annual International Man Cave Day at the airport. Bales said the event is not exclusive, but is geared toward men. “We invite everybody, you know,” he said. “You’ll look around, and you’ll see there’s a right-wing bent if you want to talk politics. We like John Wayne. We like Ronald Rea- gan. We like (Donald) Trump. If you’re a hardcore left-wing, you might not be that com- fortable here … but we invite everybody.” Pot taxes: Administering the tax requires special equipment, staff Continued from Page 1A bringing in more than $60 mil- lion in revenue in 2016. But it has also created complications for the state’s tax-collecting agency. Special equipment Administering the tax, the department says, requires spe- cial equipment and staff to count money and guard against funny business — all of which costs money. In early 2016, for exam- ple, the department estimated that it would cost $5,699 to buy air purifiers to mitigate the odor of marijuana that offi- cials say emanates from some cash payments. The costs to the department of administering the tax is paid for by marijuana tax revenues. A request for propos- als from contractors to reno- vate the Department of Reve- nue’s building in Salem closes today, the second bid for the project. An initial bid was put out earlier this year, but the bids received didn’t meet the department’s criteria, a spokeswoman said. Because the project was still out for bid today, it was not known what the final costs will be, according to depart- ment officials. In October 2015, the department estimated the five-station payment area would cost anywhere between $480,000 and $1.07 million to build, state records show. In 2016, department officials said they expected the project would land somewhere in the middle of that range, at about $787,000. Costs rise The administrator for the department’s administra- tive division, Shawn Waite, told lawmakers during budget hearings last week that the cost of construction of the payment center was expected to exceed initial estimates in 2015 due to inflationary construction costs, but could not provide an esti- mate of the increase as the project was still out for bid. The bulk of the work is expected to be finished in October, and complete in November, according to the request for bid proposals; department officials initially expected it would be complete by June 30, Waite said. Waite said the department initially struggled with the complexity of the construc- tion project and the build- ing’s existing architecture. But Waite also told lawmakers she believed the department hired a private third party to provide counsel on the project, and that the Department of Reve- nue worked with the Depart- ment of Administrative Ser- vices’ building management officials. A Department of Revenue spokeswoman said the Octo- ber date has been the expected completion date for a year and a half, and that it took longer than expected for the depart- ment to decide on a location. Waite said that they had con- sidered building a structure off-site. The project is forging ahead despite the uncertainty around whether state recreational mar- ijuana laws will face enforce- ment from the administration of President Donald Trump. Jeff Sessions, Trump’s attor- ney general, has vocally opposed legalizing marijuana, which under federal law is considered a Schedule-I con- trolled substance. Waite told lawmakers last week that there have been no problems or security incidents with the so-called “temporary” arrangement thus far — beg- ging the question of why a new payment center is necessary if the current method has worked without apparent incident. Asked that question, a spokeswoman for the depart- ment said in an email that the size and location of the cur- rent arrangement wasn’t “ideal long-term” for safety, security, convenience and “effectively handling cash payments.”
