2010 Legislative Wrap-Up
Article by Shannon Wight
As we approached the 2010 February legislative session, we knew we needed to be prepared for some serious challenges—challenges that were being shaped as 2009’s legislative session wound down.
Usually, a bill couldn’t be challenged legislatively for two years after passage, because Oregon’s legislature only meets every other year. Oregon is one of only six states that doesn’t meet annually. In February 2008, the legislature tried its first experiment with annual sessions. The legislature’s second annual session was held this past February. Unlike the regular session which lasts six months, the February session lasts only 30 days.
Our work during the session focused almost exclusively on preventing repeal of the earned time provision of the 2009 Safety and Savings Act.
Let’s start at the beginning, with the passage of the Safety and Savings Act – a major piece of progressive criminal justice legislation after more than a decade of regressive sentencing policies.
House Bill 3508 – the 2009 Safety and Savings Act
PSJ and its members worked hard during the 2009 session to advocate for legislation that created savings in the corrections budget and reallocated the saved funds to other essential public safety services. Over opposition from the District Attorneys’ Association, House Bill 3508 passed. HB 3508 was a major victory that marked solid movement toward a smarter approach to public safety and corrections spending. It took every Democrat in the Oregon legislature and nine Republicans to pass the bill. (For a summary of the bill’s provisions, see the Summer 2009 issue of Justice Matters.)
The bill was not perfect, did not go far enough and, in fact, included provisions (including one that allows the parole board to extend the time between parole hearings from two years up to ten years) that we opposed. Taken as whole, though, it was an important step forward toward smarter public safety policy in Oregon.
The Opposition
The increased earned time for prisoners became the most controversial part of the 2009 Safety and Savings Act. (Earned time allows a reduction in criminal sentences when prisoners engage in available programming and behave well while incarcerated.) The Safety and Savings Act increased earned time for prisoners by 10% and applied it retroactively to some prisoners.
Because prison sentences were going to be shortened, victims were notified and given an opportunity to object at a hearing. Some people with violent offenses became eligible for earned time on their nonviolent offense. Kevin Mannix’s Oregon Anti-Crime Alliance and Steve Doell with Crime Victims United launched a barrage of attacks on earned time in the media, using fear tactics and misleading information to sway public and legislative opinions.
Opponents were calling for an all out repeal of the increased earned time. As the session grew closer, the opposition increased its calls for repeal and convinced Attorney General John Kroger and several law enforcement associations to join them.
Our Coalition Partners (see below)
Some legislators who supported the act were personally targeted, and some were affected by the misinformation and scare tactics, leading to consideration of repeal. It was critical that we showed how many Oregonians supported the Safety and Saving Act. PSJ members wrote legislators voicing their support. The Promise of Measure 57 Coalition, formed in the 2009 session, came together in February and created a voice for holding the line on earned time.
It took a strong collation effort to prevent repeal. We were joined in our work to protect earned time by many organizations, including SEIU, one of the most powerful unions in Oregon. SEIU, Stand for Children and the Oregon Business Alliance gave testimony at the hearings, and combined with the powerful voices of PSJ members, the impact was felt in the legislature.
Senate Bill 1007
The Safety and Savings Act’s architects realized that, if they were going to prevent a full repeal of the increase in earned time, they would need to craft a bill that altered the original Safety and Savings Act. When it became clear that this was the only way to save earned time, PSJ and its allies decided to support Sen. Floyd Prozanski (D-4) and the new Senate Bill 1007, which amended the earned time law. The bill was passed in both houses of the legislature in mid-February.
Senate Bill 1007 stopped resentencing. This means that victim notifications and re-hearings also stopped. In addition, SB 1007 puts the 10% increase in earned time on hold while an audit is conducted. Those who received the additional earned time were not sent back to prison. The audit will be conducted by the Oregon Secretary of State’s office and will evaluate the financial impact of earned time, its affect on recidivism, and will study information on earned time best practices from other jurisdictions.
While putting earned time on hold was not our first choice, we know from past experience how easy it might have been politically for elected officials to get rid of the policy rather than face ongoing attacks from opponents. Our work together and with coalition partners helped to show legislators that there was support for their decision to pass and maintain the Safety and Savings Act. All other elements of the act were kept intact.
What’s Next
We’ll continue to see earned time mentioned in the media, and PSJ will keep you updated on the progress of the audit. In the meantime, it’s important for us to be in contact with our legislators who voted for SB 1007 to thank them for staying strong in the face of fierce opposition.
And, finally, thank you for your work as a PSJ member for lending your voice during the legislative session to protect earned time and support smart policies that make Oregon safer and smarter.
Promise of Measure 57 Coalition
Advocacy Coalition of Seniors and People with Disabilities
Association of Oregon Community Mental Health Programs
The Confederated Tribes of Grand Ronde
Human Services Coalition of Oregon
Juvenile Rights Project
League of Women Voters of Oregon
National Association of Social Workers, Oregon Chapter
Oregon Business Association
Oregon Criminal Defense Lawyers Association
Oregon Education Association
Partnership for Safety and Justice
SEIU, Local 503
Self Enhancement, Inc.
Stand for Children
Urban League of Portland
