Item A: Downtown Public Safety Zone

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ATTACHMENT B - Public Comments Received would be worth examining if an increase in patrol officers has led to an increase in exclusion citations which may or may not hold up under court scrutiny. Again we note that not all individuals given an exclusion citation challenge it before a judge. Our concern is that officers may be issuing citations that would fail to be sustained if they are challenged in court but individuals lacking knowledge or confidence in the system never get that opportunity. This would point to a glaring gap in fair process for those cited. The ACLU of Oregon believes that we can have exclusion orders that uphold due process principles. Instead of an ordinance, we can use the current judicial system. Under that system, if a person is suspected of one of the crimes included in the exclusion ordinance, they can be arrested or cited and then must appear before a judge. At that time, if the person is going to remain or be released from custody before going to trial, the District Attorney can request the judge to issue an exclusion order as part of the release conditions. And if the person pleads guilty or goes to trial and is found guilty then at the time of sentencing, the judge can order the person excluded as part of the sentence. The ACLU of Oregon requests that the Police Commission recommend that this program be allowed to expire. The data provided by the city does not provide a compelling case for its effectiveness. The lack of data on those cited who did not challenge their citation leaves doubt about how the program can be administered fairly. We have a criminal justice system that can impose exclusion as part of a criminal sanction with in a fair process. The Downtown Public Safety Zone is a failed program that should be ended. Claire Syrett Field Director ACLU of Oregon Attachment B - Page 11