Pubdate: Sat, 27 Jun 2009 Source: Statesman Journal (Salem, OR) Copyright: 2009 Statesman Journal Contact: http://drugsense.org/url/QEzJupzz Website: http://www.statesmanjournal.com/ Details: http://www.mapinc.org/media/427 Author: Peter Wong, Statesman Journal Referenced: http://www.leg.state.or.us/09reg/measures/hb3500.dir/hb3508.a.html Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) HOUSE OKS PHASE-IN OF MEASURE 57 Slower Application of Tough-On-Crime Law Is Meant to Ease Public-Safety Cuts The Oregon House voted Friday on a second try to phase in a new tough-on-crime law and use the savings to offset spending cuts in public-safety agencies. The 40-19 vote was the exact majority required under the Oregon Constitution for lawmakers to approve reductions in prison sentences approved by the voters. House Bill 3508 modifies last fall's Measure 57 and moves to the Senate, which is expected to take it up today. The 2009 session is heading to an end, but adjournment is likely Monday at the earliest. The state's budget crisis was the impetus for the bill, which even advocates of the longer sentences conceded was necessary in some form. "Some people feel this goes too far; others feel it doesn't go far enough," said Rep. Chip Shields, D-Portland, who has been an advocate for alternatives to mandatory prison sentences, such as drug treatment promised under Measure 57. "But it's either this bill or drastic cuts to our public-safety system." Measure 57, which increases prison sentences for repeat property and drug offenders, will continue in effect until Feb. 15. Then most of the new sentences under it would be suspended through Jan. 1, 2012. Stiffer penalties would remain in effect for people convicted of committing fraud against older people, delivering illegal drugs to minors, or selling significant quantities of drugs. The $25 million in savings from the two-year delay, plus savings from the bill's other provisions, will enable lawmakers to restore money that otherwise would be cut from state prisons, Oregon State Police, Oregon Youth Authority and other public-safety agency budgets. Hundreds of jobs were at stake, including at least 90 at Hillcrest Youth Correctional Facility in Salem, which would have lost 76 close-custody beds. About 4,500 inmates convicted of nonviolent crimes would be eligible for "earned time" that would reduce 30 percent, instead of 20 percent, of their sentences. A notice provision to the victim, the district attorney and the court is required. Violent offenders convicted under a 1994 mandatory-prison law are ineligible for early release. The House fell short by three votes last week of passing the original bill, which won only two Republican votes. But after reworking it with district attorneys and sheriffs, who objected to the earlier version, lawmakers were able to come up with another compromise that won support of 35 of the 36 Democrats and five Republicans. Democrat Betty Komp of Woodburn was excused because of illness; she voted for the original bill. "The cookie wasn't quite baked, the dough was still soft, so we put it back in the oven and reforged it," said Rep. Jeff Barker, D-Aloha, chairman of the House Judiciary Committee, a retired Portland police lieutenant and one of the negotiators. District attorneys as a group opposed any delay in the measure they helped craft last year as an alternative to mandatory prison sentences contained in Measure 61, which voters rejected. But they won an extension of Measure 57, which already has taken effect, through mid-February in hopes of demonstrating to lawmakers that the actual cost of putting it into effect is less than projected. They also won removal of one provision that would have reduced from a felony to a misdemeanor simple possession of a drug, other than marijuana, if the offender had less than one gram and had no prior offenses. District attorneys had proposed a one-time early release of inmates already scheduled to leave state prisons. But Gov. Ted Kulongoski, a former attorney general, said on Tuesday that proposal failed to produce enough savings to offset cuts in public-safety budgets. Republicans Cliff Bentz of Ontario, Bill Garrard of Klamath Falls and George Gilman of Medford joined Vicki Berger of Salem and Bob Jenson of Pendleton to provide the critical votes for passage. Democrat Deborah Boone of Cannon Beach switched from "no" last week to "yes" on Friday. Among the pending cuts was the closure of the 50-bed Eastern Oregon Youth Correctional Facility in Burns, in Bentz's district. Bentz voted against the original bill last week, but said he hoped something better could be negotiated with the district attorneys. "I have been assured that they do believe this is the best of a number of bad solutions, and it's the best we can do," Bentz said. David Rogers, executive director of the Partnership for Safety and Justice based in Portland, said the final bill wasn't as inclusive as the original, but it was a good start in the direction his group wants to go. [sidebar] ADDITIONAL FACTS HOUSE BILL 3508 Summary of key provisions of House Bill 3508: PHASE-IN: Increased prison sentences under Measure 57 for repeat property and drug offenders will continue through Feb. 15, then will be suspended until Jan. 1, 2012. Remaining in effect are penalties against those who commit fraud against older people, deliver illegal drugs to minors, or sell significant quantities of drugs. EARNED TIME: About 4,500 offenders would be eligible to accumulate time to reduce their sentences by 30 percent, instead of the current 20 percent. Violent offenders under a 1994 mandatory-sentencing law (Measure 11) are not eligible. There is a notice requirement, and a hearing if the district attorney or the court objects to an early release. This provision expires July 1, 2013. PROBATION REVOCATION: Felony offenders who violate probation face a maximum of 60 days in jail, instead of the current 180 days, unless they commit a new crime. This provision expires July 1, 2011. STATUS OF OFFENDERS: Counties will not be paid state community-corrections grants for offenders placed on "inactive" probation or post-prison supervision. These provisions expire July 1, 2011. IMMIGRATION: The commutation process is streamlined for those inmates subject to federal enforcement orders, in prison for a nonviolent felony, and who have agreed not to object to deportation. This provision expires July 1, 2011. THIRD-DEGREE ASSAULT: If the offender committed this crime while driving drunk, the prison sentence will be 27 months instead of 22 months, and the crime prosecuted as a Class B felony instead of a Class C felony. FIRST-DEGREE KIDNAPPING: If the offense was intended to commit a sex crime against someone younger than 12 years old, the prison sentence will be 25 years, instead of five years and 10 months, and crime prosecuted as a Class A felony instead of a Class B felony. The change closes a loophole in a 2006 law known as "Jessica's Law," which lengthened prison sentences for those who commit sex crimes against children. PAROLE BOARD: Parole hearings may be held in other than two-year increments under certain circumstances. STATE POLICE ADDITIONS: 20 troopers will be added in August and 19 in October for around-the-clock patrols on major highways. Add-backs to other agencies are contained in other budgets. - --- MAP posted-by: Richard Lake