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FOR IMMEDIATE RELEASE
Wednesday, July 15, 1998
CONTACT: Perrin Damon (503)945-0925
Few Inmates Affected by Measure 40 Decision
As a result of the Oregon Supreme Court´s decision last month which invalidated Ballot Measure 40 (Armatta v. Kitzhaber), the Oregon Department of Corrections (ODOC) released five inmates this week and is preparing to release another two inmates later this month, who became subject to release under applicable laws that were in place before Ballot Measure 40 took effect on December 5, 1996.
Prior to the Armatta decision, ODOC had interpreted Ballot Measure 40, based on advice of legal counsel in the Department of Justice, to require an affirmative order by the sentencing court before a defendant was eligible to be considered by ODOC for sentence reduction credits (earned time), and for participation in work release and boot camp. Because the 1997 Legislative Assembly enacted into law a statutory provision imposing this same requirement (SB 936, codified at ORS 137.750), the Supreme Court´s decision invalidating Ballot Measure 40 affects only a relatively few number of inmates currently incarcerated in ODOC correctional facilities. The affected inmates were convicted and sentenced for crimes committed in the six month window between the effective date of Ballot Measure 40 (December 5, 1996) and before the effective date of SB 936 (June 12, 1997).
Upon advice of legal counsel in the Department of Justice, ODOC is currently reviewing the records of approximately two hundred inmates who were convicted and sentenced to ODOC custody for crimes committed in this six-month period. If appropriate, ODOC will adjust the release dates of additional inmates who may now be entitled to a reduction in their incarceration terms under applicable law. Some inmates who were previously deemed ineligible by ODOC for consideration for work release and boot camp may now also be considered by ODOC for participation in these programs.
"Fortunately the law is clear regarding inmates who committed their crimes after SB 936 went into effect on June 12, 1997," said Larry Daniels, manager of the DOC’s Offender Information and Sentence Computation Unit. "Only a relatively few inmates are affected by the Armatta decision and thanks to ongoing legal advice from the Department of Justice, we will be able to make sure people are released at the appropriate time with a transition plan in place."
Affected inmates may earn up to a maximum of 20 percent reduction in their prison terms for acceptable institutional behavior and participation in rehabilitative programs required by ODOC. Once granted, earned time credits may also be retracted for unacceptable behavior. Accordingly, ODOC considers earned time to be a valuable tool for the management of ODOC correctional facilities.
Under SB 936, the sentencing court is required to determine whether a convicted defendant may be considered by ODOC for earned time. Inmates who were convicted and sentenced under Measure 11 may not be considered for earned time for their Measure 11 convictions.
7/16/98 hagenb
last revision 2-22-2000 peg cook
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