Would Significantly Expand Mandatory Minimum Sentencing for Property and Drug Crimes
Ballot Measure 61 is sponsored by Kevin Mannix, who brought us Measure 11 in 1994, enacting mandatory minimum prison sentencing in Oregon for violent felonies. Measure 61 would greatly expand the number of criminal defendants subject to mandatory minimums, this time for non-violent property and drug crimes. Under this measure, a sentence would have to be served in its entirety and there would be no eligibility for reduction at any time during the sentence (good time credit).
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.
Not only has the state prison budget increased dramatically since 1994 but so has the number of state prisons built in Oregon. Measure 61 would trigger another quantum leap in the number of prison beds needed in Oregon, including a lot more for women inmates. If Measure 61 passes it would require additional prison construction or a mass transfer of Oregon inmates to out-of-state facilities. As a result, millions of tax dollars would be diverted from education, social services and police services to fund this unnecessary, misguided measure. The Department of Corrections estimates that in a few years' time Measure 61 would cost the state well up to $200 million per year and increase the expected prison population by more than 6,000 new inmates. This does not take into account costs related to indigent defense, foster care for children of incarcerated parents or post-prison supervision.
Many incarcerated under this sentencing scheme would be first-time offenders. Despite the fact that many of these offenders will have drug addiction problems, Measure 61 would not fund or require any drug treatment programs.
Recommendation: The ACLU of Oregon Opposes Ballot Measure 61.
