Would Expand Prison Sentences and Add Drug Treatment Opportunities
Ballot Measure 57 is the legislative referral in response to the mandatory minimum sentencing scheme proposed by Kevin Mannix in Ballot Measure 61 (see above). Both measures reportedly enjoy broad public support, however if Measure 57 receives more “yes” votes than Measure 61, it would become law and Measure 61 would not (assuming both receive a majority of “yes” votes).
ACLU opposes mandatory minimum prison sentences because they eliminate a judge’s ability to evaluate the facts of each case and consider the character and history of the defendant in determining the most appropriate sentence. Because one component of Measure 57 would increase mandatory sentences for some crimes, the ACLU of Oregon Board of Directors decided to oppose this proposal as well as Measure 61. However, given the disastrous consequences that Measure 61 would have if it is implemented, we also urge our members and supporters to consider the possibility that the approval of Measure 57 may be the only way to defeat Measure 61.
Measure 57 would increase sentences for manufacturing or dealing methamphetamine, heroin, ecstasy or cocaine in large quantities and aggravated theft against the elderly. The measure requires judges to impose a minimum prison sentence, the length of which would depend only on the person’s criminal history. It would prohibit judges from ordering a lesser sentence which current law allows in exceptional situations based upon an individual’s particular circumstances. As a result, the new sentences are mandatory minimum sentences. They differ slightly from Oregon’s current mandatory minimum scheme in that Measure 57 would allow an inmate to receive credit for good behavior during incarceration.
Measure 57 also would increase access to drug treatment programs for those who are incarcerated or on post-prison supervision or probation. It would provide local counties with additional funding for drug courts, intensive supervision and jail beds to use as sanctions for those who fail to comply with conditions imposed by their treatment programs.
This measure also would increase sentences for many repeat property offenders and other drug offenders. By increasing these presumptive sentences, persons currently not eligible for treatment because of their length of incarceration should have access to treatment. ACLU generally supports increasing access to drug and alcohol treatment programs.
As noted above, if Measure 57 receives more “yes” votes than Measure 61, it would supersede (and replace) Measure 61. (Likewise, if both measures receive a majority of votes cast, but this measure receives fewer “yes” votes than Measure 61, Measure 57 would not go into effect.)
* While in an ideal world we would hope that voters would reject both Measures 61 and 57, we are also well aware of current political realities in Oregon. Deciding how to vote on Measure 57 will be one of the most difficult decisions civil libertarians will face this year.
Recommendation: The ACLU of Oregon Opposes Ballot Measure 57, but we urge ACLU members and supporters to be aware of its link to Ballot Measure 61 and make up your own minds.
