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Brief Overview
Oregonians will have the choice between two competing measures on the November
2008 ballot. One referral is Measure 61, which has qualified for the November ballot.
The other is the legislatively referred Measure 57.
Both measures provide for more severe sentences for certain property and drug crimes,
and Measure 57 provides alcohol and drug treatment for certain offenders.
In April, nine DOC workgroups were formed to create implementation plans for the
potential impacts of either Measure if either should pass this November. These
workgroups are in the process of gathering information regarding all aspects of the
Department. The nine workgroups are: Capacity Alternatives, Central Infrastructure,
Communications, Existing Capacity Options, Health Services, Inmate Habitability,
Intake/OISC/Assessment, Stakeholder Management, and
Transition/Work/Education/Treatment.
Sentencing Highlights for Measure 61
Measure 61 would set mandatory minimum prison sentences for certain drug and
property crimes. If passed by the voters, the law would go into effect on January 1, 2009
and the Department of Corrections (DOC) would start receiving additional inmates
shortly after.
Measure 61 would set 36-month minimums for identity theft, first-degree burglary, and
Class A felony manufacture/delivery of cocaine, heroin, ecstasy, or methamphetamine;
30-month minimums for Class B felony manufacture/delivery of those same drugs.
For offenders with one or more prior felony convictions, or two or more prior
misdemeanor convictions, Measure 61 would require 18-month minimums for firstdegree
forgery, motor vehicle theft; 14-month minimums for first-degree theft, seconddegree
burglary.
Measure 61 states that sentences must be served in state prisons, not in county jails.
The Criminal Justice Commission (CJC) has estimated that DOC will need to house an
additional 4,106- 6,389 inmates, by July 2012. This number comes from two different
scenarios depending on how district attorneys prosecute crime. In order to house this
influx of offenders, the Department will need an additional $256-$400 million per
biennium. Were it to pass it is likely that new facilities will have to be built and/or the
current institutions will have to expand. The Department will also have to look at
additional options such as housing inmates outside the state and renting local jail beds.
Sentencing Highlights for Measure 57
Measure 57 is the proposed legislative referral that would increase sentences for repeat
drug and property offenders and provide drug and alcohol treatment for certain addicted
offenders in order to reduce the likelihood of future criminal activity.
Measure 57 does not establish mandatory minimum sentences for property crimes on the
first offense, but enhances sentences for repeat offenders, drug traffickers and
manufacturers who possess substantial amounts of methamphetamine, heroin, ecstasy and
cocaine.
For people convicted of delivering or manufacturing cocaine, ecstasy, heroin or
methamphetamine, prison sentences would range from 58 to 130 months, or 34 to 72
months, depending on drug amounts involved, a person's criminal history and whether it
was sold to a person younger than 18. Currently, the sentence for this crime is probation
to 45 months.
For people convicted of first-degree aggravated theft, first-degree burglary, third-degree
robbery, identity theft or aggravated identity theft, the presumptive sentence would go up
from 19 to 24 months.
If there is a previous conviction for any of the above mentioned crimes, or a conviction
for one of 19 other property crimes, within three years of release from prison or
supervision, the sentence would be increased by two months for each previous
conviction, up to a maximum of 12 additional months.
For people convicted of certain property crimes, the sentence would go up from 13 to 18
months. If there is a previous conviction for any one of nine specific crimes, or one of 19
other property crimes committed within three years after supervision ends for a prior
conviction, a sentence would be increased by two months for each previous conviction,
up to a maximum of 12 additional months.
There would also be enhanced penalties for a person who steals $10,000 or more from a
victim who is 65 years of age or older at the time of the crime and for a person who
delivers meth, cocaine, ecstasy or heroin to a person under 18.
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