Measure No. 11

Proposed by initiative petition to be voted on at the General Election, November 8, 1994.

BALLOT TITLE

11 MANDATORY SENTENCES FOR LISTED FELONIES; COVERS PERSONS 15 AND UP

QUESTION: Shall statute set mandatory sentences for listed felonies; bar early release, leave or reduced sentence; cover persons 15 and up?

SUMMARY: Adopts new statute. The measure would set mandatory sentences for listed felonies. A court could impose a longer sentence if allowed by law. The measure would bar early release, leave, or a reduced sentence for any reason. It would cover murder and listed forms of manslaughter, assault, kidnapping, rape, sodomy, unlawful sexual penetration, sexual abuse, robbery. All persons 15 and up when charged with these crimes would have to be tried as adults. It would apply to crimes committed on or after April 1, 1995.

Construction and annual operating costs will continue to grow as an additional 3,010 beds are required between 2001 and 2005.

SECTION 1. (1) When a person is convicted of one of the offenses listed in subsection (2) of this section and the offense was committed on or after April 1, 1995, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection 2. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in the sentence for any reason whatsoever under ORS 421.120, 421.121 or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentences than the sentence specified in Section 2. Notwithstanding any other provision of law, when a person charged with any of the offenses listed in subsection 2 of this section is 15, 16 or 17-years of age, at the time charges are filed, that person shall be tried as an adult.

(2) The offenses to which subsection (1) of this section applies and the sentences are:

(a) Murder, as defined in ORS 163.115 - 300 months

(b) Manslaughter in the first degree, as defined in ORS 163.118 - 120 months

(c) Manslaughter in the second degree, as defined in ORS 163.125 - 75 months

(d) Assault in the first degree, as defined in ORS 163.185 - 90 months

(e) Assault in the second degree, as defined in ORS 163.175 - 70 months

(f) Kidnapping in the first degree, as defined in ORS 163.235 - 90 months

(g) Kidnapping in the second degree, as defined in ORS 163.225 - 70 months

(h) Rape in the first degree, as defined in ORS 163.375 - 100 months

(i) Rape in the second degree, as defined in ORS 163.365 - 75 months

(j) Sodomy in the first degree, as defined in ORS 163.405 - 100 months

(k) Sodomy in the second degree, as defined in ORS 163.395 - 75 months

(l) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 - 100 months

(m) Unlawful sexual penetration in the second degree, as defined in ORS 163.408 - 75 months

(n) Sexual abuse in the first degree, as defined in ORS 163.427 - 75 months

(o) Robbery in the first degree, as defined in ORS 163.415 - 90 months

(p) Robbery in the second degree, as defined in ORS 163.405 - 70 months

Section 2. If any part of this Act is found to be unconstitutional, the remaining parts shall survive in full force and effect. This Act shall be in all parts self-executing.

Section 3. The Act takes effect on April 1, 1995.

EXPLANATORY STATEMENT

This measure sets mandatory minimum sentences for certain crimes. It requires a court to impose the sentences for crimes committed on or after April 1, 1995. The court may not impose a shorter sentence for any reason. The crimes covered by the measure are: murder and listed forms of manslaughter, assault, kidnapping, rape, sodomy, unlawful sexual penetration, sexual abuse and robbery. The court may impose longer sentences if allowed by other law. When a person is sentenced under this measure, the person must serve the full sentence. The sentence may not be reduced for any reason.

Under current law, presumed sentences for the crimes listed in this measure are set using a sentencing table. The severity of the crime and the person's criminal history determine the length of the presumed sentence. The presumed sentence is imposed most of the time; however, the court may set higher or lower sentences if specified aggravating or mitigating circumstances are present.

This chart compares the mandatory minimum sentences imposed by this measure with the range of presumed sentences under current law, in years and months:

This measure also requires that a person who is 15, 16 or 17 years of age when charged with one of the listed crimes must be tried and sentenced as an adult.

Under current law, if a person who is under 18 years of age commits a crime, the juvenile court decides in each case whether the person will be tried and sentenced as an adult. The juvenile court currently looks at the person's age, the severity of the crime and other factors in making its decision.

* Member dissents (does not concur with explanatory statement)

Measure 11 Voters Pamphlet Arguments