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.”