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The History of Measure 11
Oregon's Mandatory Minimum Sentencing
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How Measure 11 StartedPrior to 1989, Oregon judges would decide whether a convicted felon should be put on probation or sent to prison, and for those sent to prison, set a maximum sentence (known as an "indeterminate sentence"). Based on a subsequent decision by the Parole Board, which used an assessment of good behavior, rehabilitative efforts, and criminal case, the average offender would serve a fraction of the sentence handed down by the judge. In 1994, Oregon voters passed Measure 11, also known as "One Strike You're Out". Measure 11 imposed long mandatory prison terms for 16 designated violent and sex-related offenses, prohibited “earned time,” and provided for mandatory waiver of youthful offenders to adult court. The sentencing judge cannot give a lesser sentence than that prescribed by Measure 11, nor can a prisoner's sentence be reduced for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. Legislative Attempts to Alter or Repeal Measure 11: House Bill 3439 passed June 1995: Added Attempted Murder and Attempted Aggravated Murder. Senate Bill 1049 passed July 1997: Added Arson I (when a serious physical threat is involved), Compelling Prostitution, and Use of Child in Display of Sex Act. This also allowed for departures from the mandatory minimum sentencing for some Assault II, Kidnapping II, and Robbery II convictions. House Bill 2494 passed August 1999: Allowed for departures from the mandatory minimum sentence for some Manslaughter II convictions committed after October 23, 1999. Measure 94 defeated November 2000: Attempt to repeal mandatory minimum sentencing in Oregon; defeated 387,068 to 1,073,275. House Bill 2379 passed July 2001: Allowed for departure from the mandatory minimum sentence for some Rape II, Sodomy II, Sexual Penetration II, and Sexual Abuse I convictions after January 1, 2002. Senate Bill 1008 passed in May 2019 (pending signature from the Governor): The bill is a major overhaul of many Measure 11 stipulations. Key parts of the bill seek to address the impacts of Measure 11 on youth reported by the Oregon Justice Resource Center, such as: "Second Look" hearings for any juvenile convicted in adult court after completion of half their sentence. Judges are to consider factors such as remorse and rehabilitation, and may reduce the remainder of the juvenile's sentence to community-based supervision. Prohibiting life without parole for minors. Ensuring minors of 15 years or older are not automatically tried as adults for major crimes.
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Impact on WomenIn October 2018, the annual Women in Prison Conference held by the Oregon Justice Resource Center Women's Justice Project focused primarily on the effects of mandatory minimum sentences imposed by Measure 11 on female defendants. The conference highlights similar concerns and statistics echoed by Measure 11's original opponents in concerns to youth, including: Oregon's incarceration rate for women has tripled since 1994 when Measure 11 when was first passed. Many convicted females had mitigating circumstances at the times of their cases, which are barred from consideration during sentencing under Measure 11's mandatory minimums. Coffee Creek Correctional Facility reported 2015 that 46% of their intakes that year experienced domestic violence; 76% were unemployed; over half had children; and 38% had not finished high school.
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Impact on YouthIn February 2018, Oregon Council on Civil Rights, in collaboration with the Oregon Justice Resource Center, released a report on the impact of Measure 11 on Oregon's young people and whether the law is out-of-step with legal and scientific developments of recent years. According to the report, Measure 11 mandates that juveniles hold the same culpability as adults, despite brain science declaring otherwise. The US Supreme Court has ruled several times in regards to the sentencing of minor: Roper v. Simmons, which ruled that juveniles cannot be sentenced to death. Graham v. Florida, which ruled that juvenile life without parole is unconstitutional for non-homicide juvenile offenders. Miller v. Alabama, which ruled that mandatory juvenile life without parole is unconstitutional for all crimes. Montgomery v. Louisiana, which confirms that the miller ruling now be applied retroactively. Key conceptual takeaways from the supreme court decisions: Youth have a unique capacity for reform. Youth are fundamentally different from, and less culpable than, adults All youth should have a reasonable opportunity to demonstrate their ability to change. Lengthy sentences that fail to take into consideration the mitigating qualities of youth are in violation of their Eighth Amendment rights. Youth should have access to a “meaningful opportunity for release. Some key statistics: Today, Oregon incarcerates young people at a higher rate than almost every other state in the country, including Texas and Louisiana. In fact, Oregon has the second highest rate of youth transfers to adult court in the nation, with young people - especially youth of color - subjected to lifelong consequences as a result. In 2012, Oregon convicted black youth of Measure 11 offenses at 17 times the rate of their white counterparts. Black youth account for 15.5% of Measure 11 indictments but only 1.8% of the general population in Oregon (resulting in an overrepresentation of around 8.6 times.) The average relative rate of disparity (measure by the relative rate index or RRI2 ) between black and white youth for the five most common Measure 11 crimes is 15.26. The overall RRI for all crimes covered in this study was 13.6. Oregon taxpayers bear a significant burden for youth incarceration. Measure 11 offenders require close custody, the most expensive form of state confinement, which can result in costs of as much as $263 per day and $95,995 per year, per juvenile.
Oregon Department of Corrections Stats
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