Crime Victims United of Oregon

 

The 2007 Oregon Legislature – Status Report – April 9, 2007

 

A concerted campaign is underway in the Oregon Legislature to radically alter Oregon’s criminal justice system. The main thrust of the campaign is to dramatically reduce sentences for Measure 11 violent criminals and to increase earned time credits for all other criminals.

 

The campaign is being led by State Representative Chip Shields and a prisoner advocacy group. They have enlisted help from a number of other Oregon legislators, both Democrats and Republicans. They are also supported by groups such as the Oregon Criminal Defense Lawyers Association, the ACLU, and the League of Women Voters. They have enlisted the help of education advocates by pitting the interests of public safety and education against one another.

 

The flavor of this campaign was evident in a recent hearing on SB 856, dubbed the “Smart on Crime” bill. It would set up a new commission to look for ways to reduce corrections expenditures. From the hearing testimony, it was clear that this means to slash sentences. The bill’s chief sponsors are Senator Morse and Representative Shields.

 

That hearing can be heard at:

 

            http://www.leg.state.or.us/listn/archive/archive.2007s/SJUD-200703261300.ram

 

Upcoming Hearings

 

Hearings on these important bills are will take place the week of April 8, 2007.

 

HJR 49                       Proposes amendment to Oregon Constitution granting crime victims remedy for violation of constitutional rights.

 

                                    Sponsor: Committee on Judiciary, at the request of Attorney General Hardy Myers for Department of Justice, Steve Doell for Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Monday, April 9, 2007, 8:30 AM, Room 357

 

HJR 50                       Proposes amendment to Oregon Constitution granting crime victims mechanism for enforcing constitutional right regarding pretrial release of defendant.

 

                                    Sponsor: Committee on Judiciary, at the request of Attorney General Hardy Myers for Department of Justice, Steve Doell for Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Monday, April 9, 2007, 8:30 AM, Room 357

 

House Bill 2329          Makes various changes to the Alternative Incarceration Program. Increases sentences for repeat property offenders.

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Tuesday, April 10, 8:30 AM, Room 357

 

House Bill 2904          Allows a judge to release a Measure 11 inmate who was a juvenile at the time of his crime after he has served half of his sentence. Applies to all Measure 11 crimes except for Murder, Attempted Aggravated Murder, and some cases of Assault I.

 

                                    Example: A 17-year old forcibly rapes a woman. He receives the Measure 11 minimum mandatory sentence for Rape I of 8 years and 4 months. Under SB 2904, a judge could order his release after he has served 4 years and 2 months.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Wednesday, April 11, 8:30 AM, Room 357

 

Senate Bill 1014         Repeals the Measure 11 provision that requires a 15, 16 or 17-year-old to be tried in adult court. Applies to all Measure 11 crimes plus Aggravated Murder.

 

                                    Example: A 16-year-old is indicted for Murder. Under current law, he is automatically tried as an adult. If convicted, he serves the Measure 11 mandatory minimum sentence of 25 years. Under SB 1014, a judge would decide whether the 16-year-old should be tried as a juvenile or as an adult. If tried as a juvenile and convicted, the 16-year-old could be released by juvenile authorities at any time and under no circumstances could he be held past his 25th birthday.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Wednesday, April 11, 1:00 PM, Room 343

Reduction of Sentences, Changes to Measure 11

 

Here are the main bills that attack Measure 11 and criminal sentencing in Oregon.

 

Senate Bill 631           Increases available “earned time credits” from 20 percent of sentence to 33%.

 

                                    SB 631 would apply to all non-Measure 11 offenders including those convicted of crimes such as Assault III, Robbery III, Rape III, Attempted Rape I and II, burglary, grand larceny, identity theft and criminally negligent homicide.

 

                                    Example: A drunk driver convicted of criminally negligent homicide and sentenced to 36 months in prison is currently eligible to receive over 7 months of earned time credit. Under SB 631, he would be eligible to receive 12 months of earned time credit.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Not yet scheduled

 

Senate Bill 2904         Allows a judge to release a Measure 11 inmate who was a juvenile at the time of his crime after he has served half of his sentence. Applies to all Measure 11 crimes except for Murder, Attempted Aggravated Murder, and some cases of Assault I.

 

                                    Example: A 17-year old forcibly rapes a woman. He receives the Measure 11 minimum mandatory sentence for Rape I of 8 years and 4 months. Under SB 2904, a judge could order his release after he has served 4 years and 2 months.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Wednesday, April 11, 8:30 AM, Room 357

 

Senate Bill 1014         Repeals the Measure 11 provision that requires a 15, 16 or 17-year-old to be tried in adult court. Applies to all Measure 11 crimes plus Aggravated Murder.

 

                                    Example: A 16-year-old is indicted for Murder. Under current law, he is automatically tried as an adult. If convicted, he serves the Measure 11 mandatory minimum sentence of 25 years. Under SB 1014, a judge would decide whether the 16-year-old should be tried as a juvenile or as an adult. If tried as a juvenile and convicted, the 16-year-old could be released by juvenile authorities at any time and under no circumstances could he be held past his 25th birthday.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Wednesday, April 11, 1:00 PM, Room 343

 

House Bill 2880          Allows a judge to release a Measure 11 inmate who was an adult at the time of his crime after he has served half of his sentence. Applies to all Measure 11 crimes except for Murder.

 

                                    Example: A 30-year-old man stalks his former girlfriend and attempts to kill her. She is badly injured but survives. He receives the Measure 11 minimum mandatory sentence for Attempted Murder of 7 years and 6 months. Under SB 2880, a judge could order his release after he has served 3 years and 9 months.

 

                                    Sponsor: Representative Lim

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Not yet scheduled

Crime Victims Rights, Standing and Remedies

 

HJR 49                       Proposes amendment to Oregon Constitution granting crime victims remedy for violation of constitutional rights.

 

                                    Sponsor: Committee on Judiciary, at the request of Attorney General Hardy Myers for Department of Justice, Steve Doell for Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Monday, April 9, 2007, 8:30 AM, Room 357

 

HJR 50                       Proposes amendment to Oregon Constitution granting crime victims mechanism for enforcing constitutional right regarding pretrial release of defendant.

 

                                    Sponsor: Committee on Judiciary, at the request of Attorney General Hardy Myers for Department of Justice, Steve Doell for Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Monday, April 9, 2007, 8:30 AM, Room 357

 

Senate Bill 985           Allows a judge to determine if a victims should be required to give testimony at a deposition relating to a post-conviction relief hearing. Under current law the victim is required to give testimony whether the judge finds it relevant or not.

 

                                    Sponsor: Senator Bates, at the request of Attorney General Hardy Myers, Crime Victims United, Linsday family

 

                                    Crime Victims United Position: Support

 

                                    Hearing: March 26, 2007

 

                                    Status: Passed out of Senate Judiciary Committee 5-0, 28-0 in full Senate.

 

Senate Bill 871           Requires permission from victim before 911 recording is released to media.

 

                                    Sponsor: Senator Brown, at the request of Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled

DUII

 

House Bill 2562          Creates new offense of refusal to take a test for intoxicants.

 

                                    Sponsor: Representative Barker, at the request of Anne and Bruce Pratt, Crime Victims United.

 

                                    Crime Victims United Position: Support

 

                                    Hearing: March 1, 2007

 

                                    Status: Passed House Judiciary Committee 9-0; Passed House 54-0

 

House Bill 2740          Creates crime of Aggravated Vehicular Homicide. Punishes by mandatory minimum sentence of 20 years, maximum fine of $375,000, or both. Expands crime of assault in the first degree to include injury caused with criminal negligence by person driving under the influence of intoxicants if person has specific driving record.

 

                                    Sponsor: Representative Barker at the request of Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Monday, April 16, 2007, 8:30 AM, Room 357

 

House Bill 2737          Assault III. Increases penalty for assault in third degree if defendant commits assault by means of motor vehicle and was driving while under influence of intoxicants.

 

                                    Sponsor: Representative Barker at the request of Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Wednesday, April 18, 2007, 8:30 AM, Room 357

 

House Bill 2895          Hospital Reporting Bill. Changes there reporting time for hospitals to report individuals whom they believe to have been driving under the influence of intoxicants from 5 days to 6 hours.

 

                                    Sponsor: Representative Barker at the request of Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: March 21, 2007

 

House Bill 2774          Directs Oregon State Police to conduct study of ignition interlock devices.

 

                                    Sponsor: Representative Shields

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Monday, April 16, 2007, 8:30 AM, Room 357

 

House Bill 2896          Requires medical professionals to conduct evidence gathering procedures and disclose results to law enforcement officer upon request.

 

                                    Sponsor: Representative Barker, Senator Bates, at the request of Marie Armstrong in the name of Chance Friedhoff, Darke Hull, Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Wednesday, April 25, 2007, 8:30 AM, Room 357

 

 

House Bill 2897          Requires person to sign acknowledgement and agreement regarding driving while under influence of intoxicants as part of application for driver license or permit.

 

                                    Sponsor: Representative Barker, at the request of Anne and Bruce Pratt, Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled

Juvenile Justice

 

Senate Bill 2904         Allows a judge to release a Measure 11 inmate who was a juvenile at the time of his crime after he has served half of his sentence. Applies to all Measure 11 crimes except for Murder, Attempted Aggravated Murder, and some cases of Assault I.

 

                                    Example: A 17-year old forcibly rapes a woman. He receives the Measure 11 minimum mandatory sentence for Rape I of 8 years and 4 months. Under SB 2904, a judge could order his release after he has served 4 years and 2 months.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Wednesday, April 11, 8:30 AM, Room 357

 

Senate Bill 1014         Repeals the Measure 11 provision that requires a 15, 16 or 17-year-old to be tried in adult court. Applies to all Measure 11 crimes plus Aggravated Murder.

 

                                    Example: A 16-year-old is indicted for Murder. Under current law, he is automatically tried as an adult. If convicted, he serves the Measure 11 mandatory minimum sentence of 25 years. Under SB 1014, a judge would decide whether the 16-year-old should be tried as a juvenile or as an adult. If tried as a juvenile and convicted, the 16-year-old could be released by juvenile authorities at any time and under no circumstances could he be held past his 25th birthday.

 

                                    Sponsor: Committee on Judiciary

 

                                    Crime Victims United Position: Oppose

 

                                    Hearing: Wednesday, April 11, 1:00 PM, Room 343

 

House Bill 2738          Expands crime of Aggravated Murder to include murder of witness in juvenile proceeding if murder was related to performance of victim's official duties of a witness.

 

                                    Sponsor: Representative Barker, at the request of Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled

 

House Bill 3420          Directs Secretary of State to conduct regular statewide audits of county juvenile departments.

 

                                    Sponsor: Representative Barker, at the request of Crime Victims United

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Wednesday, April 18, 2007, 8:30 AM, Room 357

Alternative Incarceration Program

 

Crime Victims United supports reforming the “Alternative Incarceration Program”.

 

House Bill 2693          Inmates already gone through AIP once cannot be eligible again.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 2694          Inmates with prior felony convictions are not AIP eligible.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 2695          Must serve 13 months of sentence & have 24 months remaining to get into AIP.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 2696          Inmates convicted of crimes involving death or serious physical injury not AIP eligible.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 2697          Requires legislative authorization in order to expand AIP programs.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 2698          Inmates convicted of sex crimes are not AIP eligible.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 3122          AIP participants must sign waiver to make information public.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 3123          Requires performance audit and yearly reports to legislature on AIP progress. 

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Not yet scheduled.

 

House Bill 2329          Makes various changes to the Alternative Incarceration Program. Increases sentences for repeat property offenders.

 

                                    Sponsor: Representative Thatcher

 

                                    Crime Victims United Position: Support

 

                                    Hearing: Tuesday, April 10, 8:30 AM, Room 357