1994 Oregon Ballot Measure 11

Referendum on mandatory minimum sentences Measure 11 Establishing mandatory minimum sentencing for various crimes Oregon 788,695 412,816 1994 Oregon Ballot Measure 11.svg County resultsYes: #B6C8D9 50–60% #7D9CBB 60–70% #47729E 70–80% Source: Secretary of State of Oregonhttps://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf Oregon Blue Book 27 Oregon Secretary of State 2022-11-29 Measure 11, also known as "One Strike You're Out",What is Measure 11? https://www.co.marion.or.us/JUV/Pages/measure11.aspx dead https://web.archive.org/web/20151231160807/https://www.co.marion.or.us/JUV/Pages/measure11.aspx 2015-12-31 2018-10-10 co.marion.or.us en-US was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994, general election with 788,695 votes in favor, and 412,816 votes against. https://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf Initiative, Referendum and Recall: 1988-1995 Oregon Blue Book State of Oregon 2007-03-03 2018-11-08 https://web.archive.org/web/20181108224519/https://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf live 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.Taylor Bill Background brief on Measure 11 http://www.leg.state.or.us/comm/commsrvs/background_briefs2004/Public%20Safety/IG_Measure_11_2004.pdf May 2004 Legislative Committee Services https://web.archive.org/web/20090325011912/http://www.leg.state.or.us/comm/commsrvs/background_briefs2004/Public%20Safety/IG_Measure_11_2004.pdf March 25, 2009 January 2, 2008 +Minimum sentences mandated by Measure 11http://www.crimevictimsunited.org/measure11/measure11fulltext.htm Measure 11 Crimes and mandatory minimum sentences Multnomah County 2018-10-10 2018-12-03 https://web.archive.org/web/20181203023950/http://www.crimevictimsunited.org/measure11/measure11fulltext.htm live"Measure 11 Analysis" https://web.archive.org/web/20200818221750/http://media.oregonlive.com/politics_impact/other/Measure-11-Analysis.pdf 2020-08-18 Criminal Justice Commission. Crime Minimum sentenceAggravated murder30 to life Murder 25 years First degree manslaughter 10 yearsConspiracy to commit aggravated murder10 yearsAttempted aggravated murder10 years First degree unlawful sexual penetration** 8 years, 4 months First degree sodomyOregon's sodomy laws only apply in cases in which one person is under 16 years old or does not consent. text of law https://web.archive.org/web/20181108224447/https://www.oregonlegislature.gov/bills_laws/ors/ors163.html 2018-11-08 ** 8 years, 4 months First degree rape** 8 years, 4 monthsFirst degree arson with threat of serious injury7 years, 6 months First degree robbery 7 years, 6 months First degree kidnapping** 7 years, 6 months First degree assault 7 years, 6 monthsConspiracy to commit murder7 years, 6 monthsAttempted murder7 years, 6 months First degree sexual abuse* 6 years, 3 months Second degree unlawful sexual penetration* 6 years, 3 months Second degree sodomy* 6 years, 3 months Second degree rape* 6 years, 3 months Second degree manslaughter* 6 years, 3 monthsPornographic exploitation of a child5 years, 10 monthsCompelling prostitution5 years, 10 monthsThese are probable sentences:https://www.oregon.gov/doc/resrch/pages/measure_11.aspx DOC Research and Statistics Measure 11 Mandatory Minimum Sentencing www.oregon.gov en-us 2018-10-10 2018-10-11 https://web.archive.org/web/20181011013702/https://www.oregon.gov/doc/resrch/pages/measure_11.aspx live Second degree assault* 5 years, 10 months Second degree kidnapping* 5 years, 10 months Second degree robbery* 5 years, 10 months*ORS 137.712 may authorize the court to impose a sentence of less than the M11 minimum**300-month minimum applies only to adult defendants for crimes committed on/after 4/24/06 The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. The measure was placed on the ballot via initiative petition by Crime Victims United, a tough-on-crime political group. Then-State Representative Kevin Mannix, who sponsored the measure, has since argued that violent criminals cannot be reformed through probation or short prison sentences, and that the time they are kept incarcerated is itself a benefit to society. http://www.lwvor.org/documents/JuvenileJustice2000.htm Effects of Measure 11 on Juvenile Justice in Oregon League of Women Voters 2000 2007-03-03 https://web.archive.org/web/20061129205816/http://www.lwvor.org/documents/JuvenileJustice2000.htm 2006-11-29 dead Ballot Measure 10, also passed in 1994, permitted the Oregon Legislative Assembly to change Measure 11, but only with a 2/3 vote in each chamber. The legislature has done so several times.https://www.oregon.gov/doc/research-and-requests/pages/research-and-statistics.aspx Department of Corrections : Research and Statistics : Research and Information Requests : State of Oregon www.oregon.gov 2021-07-06 2021-07-09 https://web.archive.org/web/20210709183212/https://www.oregon.gov/doc/research-and-requests/pages/research-and-statistics.aspx live 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.[14] 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,https://ojrc.info/youth-and-measure-11-in-oregon Youth and Measure 11 in Oregon Oregon Justice Resource Center en-US 2019-06-03 2019-06-03 https://web.archive.org/web/20190603055928/https://ojrc.info/youth-and-measure-11-in-oregon live 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.https://aclu-or.org/en/press-releases/youth-justice-reform-bill-headed-governors-desk-sb-1008 Youth Justice Reform Bill Headed to Governor's Desk (SB 1008) 2019-05-24 ACLU of Oregon en 2019-06-03 2019-06-03 https://web.archive.org/web/20190603055942/https://aclu-or.org/en/press-releases/youth-justice-reform-bill-headed-governors-desk-sb-1008 live Prohibiting life without parole for minors.https://www.opb.org/news/article/legislature-passes-sweeping-changes-to-juvenile-sentencing-rules/ Oregon Legislature Passes Sweeping Changes To Juvenile Sentencing Rules VanderHart Dirk www.opb.org en 2019-06-03 2019-06-03 https://web.archive.org/web/20190603055926/https://www.opb.org/news/article/legislature-passes-sweeping-changes-to-juvenile-sentencing-rules/ dead Ensuring minors of 15 years or older are not automatically tried as adults for major crimes. Proponents of Measure 11 argued that judges had been too lenient in sentencing violent offenders. They saw the measure as critical for lowering crime rates. Opponents of Measure 11 argued that judges should be allowed discretion in sentencing and should be able to account for the particular circumstances of a given crime. They also objected to the requirement that many youth defendants be tried as adults. http://www.crimevictimsunited.org/measure11/measure11arguments.htm Measure 11 Arguments Crime Victims United 2007-03-03 2007-02-03 https://web.archive.org/web/20070203233359/http://crimevictimsunited.org/measure11/measure11arguments.htm live Oregon's prison population increased after Measure 11, and as of 2004, 41% of the growth was attributed to the direct or indirect impact of Measure 11. Crime rates in Oregon decreased between 1994 and 2000, but increased in 2001; opponents of Measure 11 noted that the trend mirrored national trends, while acknowledging that some likely re-offenders were imprisoned as a result of the law. The effectiveness of Measure 11 to deter crime is further questioned when compared to research about mandatory minimums. Research has repeatedly disproven mandatory minimums as public safety tools. For example, a 1993 meta-analysis report compiled from 50 different studies found mandatory minimums’ lengthier prison sentences produced higher rates of recidivism and a tendency for lower-risk offenders to experience more negative outcomes.https://ojrc.info/youth-and-measure-11-in-oregon/ Youth and Measure 11 in Oregon Oregon Justice Resource Center en-US 2018-10-10 2018-10-11 https://web.archive.org/web/20181011013643/https://ojrc.info/youth-and-measure-11-in-oregon/ live Background and context Prior 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.")Taylor, Bill. Background brief on felony sentencing https://web.archive.org/web/20090306100119/http://www.leg.state.or.us/comm/commsrvs/background_briefs2004/Public%20Safety/ID_Felony_Sentencing2004.pdf 2009-03-06 . May, 2004. Accessed on January 2, 2008. 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. The Oregon Legislative Assembly established felony sentencing guidelines in 1989, in an attempt to achieve the following four goals: Proportional punishment, imposing the most severe sentences on the most serious offenders Truth in sentencing, so the judge's sentence would more closely reflect actual prison time Sentence uniformity, to reduce disparities among judges Maintenance of correctional capacity consistent with sentencing policy, so the criminal justice system would be able to deliver proposed penalties. Parole release for most offenders was abolished by the establishment of these guidelines. The Board of Parole and Post-Prison Supervision continues to have release authority over those prison inmates sentenced for crimes committed prior to November 1, 1989, those sentenced by the courts as dangerous offenders, and for murderers and aggravated murderers who are eligible for parole, regardless of the date of their crimes. Other prisoners began serving at least 80% of their sentences. Measure 11, passed in 1994, affected only specific crimes, which were covered by the sentencing guidelines from 1989 to 1994. Various exceptions exist to the guidelines, and to Measure 11 restrictions on sentencing. Impact on youth In 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.https://ojrc.info/youth-and-measure-11-in-oregon/ Youth and Measure 11 in Oregon Oregon Justice Resource Center en-US 2018-10-10 2018-10-11 https://web.archive.org/web/20181011013643/https://ojrc.info/youth-and-measure-11-in-oregon/ live September 2019 This ref was deleted Special:Diff/900067087 by a bug in VisualEditor and later restored by a bot from the original cite located at Special:Permalink/900065552 cite #10 - verify the cite is accurate and delete this template. User:GreenC bot/Job 18 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 minors: 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. Impact on women In 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."Women in Prison Conference 2018: Women and Measure 11" Oregon Justice Resource Center. https://web.archive.org/web/20190603060214/https://static1.squarespace.com/static/524b5617e4b0b106ced5f067/t/5c787f2ac83025af89e48f8d/1551400758946/WIPC+18+Report+FINAL.pdf 2019-06-03 The conference highlights similar concerns and statistics echoed by Measure 11's original opponents in concerns to youth,"Measure 11 Arguments" https://web.archive.org/web/20030623223738/http://www.crimevictimsunited.org/measure11/measure11arguments.htm 2003-06-23 Crime Victims United. Retrieved 2007-03-03 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.https://www.co.marion.or.us:443/JUV/Pages/measure11.aspx Measure 11 www.co.marion.or.us en-US 2019-06-03 2015-12-31 https://web.archive.org/web/20151231160807/https://www.co.marion.or.us/JUV/Pages/measure11.aspx dead 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. Political impact The passage of Measure 11 was a central issue of Governor John Kitzhaber's first term, and remains a matter of controversy in Oregon politics. Supporters credit Measure 11 for reducing crime rates.[12] Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes, due to fear of mandatory sentences.[13] See also Oregon Ballot Measure 40 (1996) and subsequent measures List of Oregon ballot measures Oregon Criminal Justice Commission References External links Chief Petitioner Kevin Mannix on BallotPedia.org Overview of Measure 11 from Oregon.gov Crime Victims United (supporters) FAMM Families Against Mandatory Minimums (opponents) Text of the measure Multnomah County Measure 11 information for juveniles The Development of Oregon's Sentencing and Corrections Policy https://web.archive.org/web/20080811231307/http://www.oregon.gov/CJC/overview.shtml 2008-08-11 , Oregon Criminal Justice Commission. Accessed January 2, 2008. Sentencing Practices: Summary Statistics for Felony Offenders Sentenced in 2001, Oregon Criminal Justice Commission, January 2003. Measure 11 Brings Justice and Lower Crime, Guest Viewpoint By Doug Harcleroad and Joshua Marquis for The (Eugene) Register-Guard, October 17, 2005. Youth and Measure 11 in Oregon, Oregon Justice Resource Center, February 2018 Category:1994 Oregon ballot measures Category:Penal system in Oregon Category:Initiatives in the United States Category:Criminal penalty ballot measures in the United States