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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Oct. 27, 2017)
7A THE DAILY ASTORIAN • FRIDAY, OCTOBER 27, 2017 County: Clatsop County Jail is chronically overcrowded Continued from Page 1A Paula Brownhill, the pre- siding judge of the Circuit Court, signed an order in September for a new pretrial release policy based on the risk to public safety, the likeli- hood of new criminal activity, the threat to victims, and the probability the accused will appear for court. Ditching a locally drawn measurement known as the Matrix, the court order directs the county to use two risk assessment tools — the Public Safety Checklist for Oregon and the Virginia Pretrial Risk Assessment Instrument — to determine the risk of pre- trial failure and make release recommendations. The court order grew out of a work group Brownhill formed earlier this year to examine the county’s com- paratively high use of state prison. Under a reform drive known as justice reinvest- ment, Oregon has provided grants to counties to supervise more drug and property crime offenders locally, through jail and probation, rather than sen- tencing them to more costly state prison stays. An overcrowded jail makes that shift diffi cult. “Our jail has always been overpopulated with pretrial defendants,” Brownhill said. “And I’m really hopeful that we can turn that around so that we can put sentenced inmates in the jail and let more of the pretrial population, who are presumed innocent, out while they’re awaiting trial.” Using justice reinvestment grant money, the county hired a pretrial release specialist who prepares risk scores and interviews defendants before arraignment. The interviews help the specialist vet whether defendants have jobs, places to live and family ties — life anchors that increase the chances they will appear for court if they are released. The trial court adminis- trator estimates the county’s failure-to-appear rate is about 32 percent, a burden that can slow the wheels of justice. Lt. Matt Phillips, the jail commander, said the Matrix was never scientifi cally vali- dated for accuracy and gave too much weight to the fail- ure-to-appear component. The new risk assessment tools have been validated else- where, but will take a few years to perfect locally. The Public Safety Checklist, the automated tool, functions like an actuarial table for life insur- ance or a FICO score, a credit risk analysis that helps lenders determine whether consum- ers will make mortgage or car payments. “We would never try to maximize release at the cost of public safety,” Phillips said. In the fi rst month under the new policy, judges already are fi nding they have more infor- mation to make rulings. Joshua Bessex/The Daily Astorian Clatsop County has a new pretrial release policy. Jail overcrowding Clatsop County’s 60-bed jail in Astoria is overcrowded. An estimated 70 percent of inmates are awaiting trial, a figure criminal justice experts consider too high. The county has a new pretrial release policy to make more effective use of the jail, which is often forced to release inmates when over capacity. Average daily population: (January through late-October) 68 2,007 Forced release: 455 Bookings: Weighs factors such as age, gender and Oregon criminal history and produces a risk score: Low — 0-25 Medium — 26-42 High — 43-100 Looks at the severity of the crime, criminal history, employment, housing and drug abuse to help determine risk factor: Low — 0-2 Medium — 3-4 High — 5-9 Measuring risk Clatsop County is now using new risk assessment tools to help determine whether someone charged with a crime should be released from county jail pending trial. Derrick DePledge and Alan Kenaga/EO Media Group Source: Clatsop County READ MORE ONLINE The Daily Astorian has examined how Oregon’s justice reinvestment initiative has played out in Clatsop County. • County out of step with state drive to reduce prison use: bit.ly/2hdJM5F A pop-up tent in Portland • Work group to look at prison use: bit.ly/2zJ08du • ‘So the stakes are going to be quite high for you’: bit.ly/2gIbHu3 • Oregon takes new steps to reduce prison use: bit.ly/2y92IgD “Previously, it was the DA telling us the criminal history. And that’s about it,” Brown- hill said. “So now, not only do we have the risk assessment, but we have verifi cation of housing, employment.” ‘The bucket’ In the district attorney’s offi ce, the cases that stack up for 1:15 p.m. arraignments on most days each week are known as “the bucket.” Instead of delegating to junior prosecutors, Marquis often handles arraignments him- self, a front-end screening of defendants who have been locked up. The veteran prosecutor is one of the biggest critics of justice reinvestment and dug in his heels after Brownhill formed the work group to dis- cuss policy changes. But he recognizes the acute problem of jail overcrowding and sees value in a pretrial release spe- cialist providing more infor- mation about defendants. “I think the idea of having someone interviewing them is a great idea,” Marquis said. The district attorney’s con- cern is that judges will refl ex- ively place too much cre- records show he has felony convictions — for identity theft, unlawful use of a vehicle and drug possession — along with a string of misdemeanors and probation violations. The escape charge stemmed from an incident in Warrenton in May. Long was sleeping in a bus without per- mission at Calvary Assembly of God Church on South Main Avenue, according to court records. Police Chief Mathew Workman told Long he would ask the church whether they wanted to take any action. The chief also discovered Long had a warrant for his arrest. Long, who had asked to collect his belongings from the bus, allegedly jumped out the back and bolted. After Workman chased Long down a slough and threatened to charge him with escape, Long allegedly ran again. He was eventually arrested after he was spotted hiding behind a large dumpster and again tried to fl ee. While Long’s high risk score made him an improba- ble choice for pretrial release, other factors broke in his favor. The jail was over- crowded on the day of his hearing. His escape charge is a misdemeanor, not a felony. More importantly, Palm- rose learned from Long’s pro- bation offi cer that Long’s mother was willing to let him stay at her home in Seaside. “She said he could live there,” Palmrose said, “as long as he stays sober.” dence on risk scores to pay their bills. and pretrial release It’s a prediction that recommendations. they’re going to pay “Some of the algo- their bills,” Marquis rithms — and over-re- said. “The difference liance on a number — between FICO scores have resulted in some and release scores is real tragedies,” Mar- Kyle Michael the worst thing that quis said. happens in a FICO Long Edward French, score is somebody a fi lm scout and photogra- misses a payment. The worst pher, was shot and killed in thing that happens if you let San Francisco in July during the wrong person out of jail an early morning robbery. is somebody could get hurt or The San Francisco Chronicle killed.” reported that one of the two suspects — who was arrested Data-driven approach Several counties in Ore- days before the murder for gun possession as a felon, gon and across the nation have and who was on probation for started to focus on pretrial car break-ins — was released assessments, gathering infor- from jail by a judge based in mation and compiling data that could help improve deci- part on a risk score. The CEO of the nonprofi t sion-making at each step of that conducts the risk assess- the process. Over time, some experts ments in San Francisco told the court afterward that a hope a data-driven approach staffer had miscalculated the might help drain the bias and suspect’s jail history, leading inequality that often clouds the criminal justice system. to an incorrect score. In Yamhill County, which Clatsop County uses differ- ent risk assessment tools than has prioritized pretrial justice San Francisco. But the exam- for the past several years, the ple shows the hazard of mak- failure to appear rate dropped from 17 percent to 4 percent. ing the wrong calculation. Unlike Clatsop County, “FICO is not a guaran- tee that the person is going Yamhill County’s 250-bed jail in McMinnville is usually under capacity at about 175 inmates. The county has been able to reduce the share of inmates awaiting trial from 45 percent to about 35 percent. Jessica Beach, the direc- tor of the Yamhill County Department of Community Justice, said the county heard early concerns about relying too heavily on risk assess- ment tools to make jail release decisions. “By its nature, the court is an adversarial system. And so I think it’s important for everyone to have a voice,” the former probation offi cer said. “Never, ever, ever do we sug- gest that the assessment make the decision.” ‘No way we’re letting this guy out’ Alan Palmrose, Clatsop County’s pretrial release spe- cialist, is a former sheriff’s deputy. When he fi rst saw Long’s risk score of 95 ear- lier this month, he thought: “No way we’re letting this guy out.” The high score was infl u- enced by Long’s age and his compressed criminal his- tory as a young adult. Court Five days after Long was released from jail in Astoria, a passenger at the Gateway Transit Center in northeast Portland told a transit police offi cer Long was injecting heroin on a train. When the transit offi cer tried to talk with Long, he appeared agitated and had a stick in his hand, court records show. He agreed to drop the stick and, when asked about his drug use on the train, admitted he was carrying her- oin. The transit offi cer saw a syringe sticking from his pocket. Long was arrested and charged with misdemeanor heroin possession. Rather than stay with his mother in Seaside, Long told authorities he had been living in a pop-up tent in Portland, using heroin and meth daily. Long is eligible for a drug treatment program if he agrees to plead guilty or no contest. If he successfully completes treatment and probation, the possession charge may be dismissed. Long, who was released from jail in Portland, has until an early November court date in Multnomah County Circuit Court to decide. His next court date on the escape charge is in Astoria in late December. Parking: ‘We’re an old city, and we don’t have parking’ Sea lions: ‘Pets ‘Parking is a should be kept away’ Continued from Page 1A Continued from Page 1A In Astoria, sea lions con- gregate on docks at the Port of Astoria’s East Mooring Basin. Marina Manager Janice Burk received a report of a dead sea lion there on Wednesday, but said it isn’t clear why the ani- mal died. She notifi ed fi sh and wildlife and expects they will run tests on the sea lion to see if leptospirosis was a factor. Risk to pets Leptospirosis occurs worldwide and can spread when animals come into con- tact with an infected animal’s urine or bodily fl uids. The disease can cause weakness, fever and muscle pain, and lead to kidney failure. Young sea lions, with their lower immune systems, are more susceptible. The Department of Fish and Wildlife says the risk of transmission to people is slight, but dogs are more at risk if they approach stranded sea lions on the beach or come into contact with body fl uid from sick or dead sea lions. Sick sea lions may be dehydrated, their eyes sunken in their heads, and will gen- erally appear less lively and alert. “Pets should be kept away from sea lions as leptospi- rosis can cause severe dis- ease,” said Emilio DeBess, state public health veterinar- ian with the Oregon Health Authority, in a statement. Vaccines to protect dogs and horses against leptospiro- sis are available at veterinary hospitals. The disease, though it can be fatal, doesn’t seem to dev- astate sea lion populations, Burco said. “It’s really something that happens and they move on,” she said. “Their populations can deal with this.” Federal and state laws pro- tect sea lions. It is illegal to harass, disturb, touch or feed marine mammals. People who discover a sick sea lion or other marine mammals on the beach should stay 50 feet away and report them to the Oregon State Police, which shares these reports with the Oregon Marine Mammal Stranding Network. downtown that would not be negatively impacted by that decision.” City Manager Brett Estes said it is still not clear what may be required of Astoria, given that larger cities like Portland and Salem don’t com- ply with the rule either. The city also needs to determine if the rule applies to all intersections indiscriminately or if there are exceptions for one-way streets versus two-way streets where the lines of sight differ. City Attorney Blair Hen- ningsgaard is looking at how to interpret the state statute. “We’re an old city, and we don’t have parking, particu- larly during the tourism sea- son which is stretching lon- ger and longer,” said Planning Commissioner Jan Mitchell at a Traffi c Safety Advisory Committee meeting Tuesday, when the issue was brought up . “Parking is a scarce resource.” Lois Dupet, who spoke to the planning commission- ers , drives a medical shuttle in Astoria and had brought up Oregon’s intersection require- ments before at a meeting in February. Parking spaces are so close scarce resource’ Jan Mitchell planning commissioner to the intersections downtown that “it is literally impossible to see pedestrians,” she said. Pedestrian and driver safety are ongoing concerns, but Astoria has a relatively low pedestrian crash rate, Har- rington said. There has been only one pedestrian fatal- ity in the last 10 years. The downtown association and the city are working together to develop a master parking plan, and addressing parking is one of the City Council goal’s for the coming year. But Dupet warned on Tuesday that even though other cities ignore the intersec- tion parking rule, it does not excuse Astoria. “I can tell you that if some- body is killed in a crosswalk and they get a high -powered law fi rm after this city, you may be bankrupt, because you’ve been warned multiple times and it is the law and you are liable,” she said. “I am liable. I’m driving through the city every day, going through all these streets and crosswalks every day, mul- tiple times. And so are all the other public transport opera- tors, and we cannot see these people.”
