Alert: HB 3508 Passes Both Chambers

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On Saturday House Bill 3508 passed the Senate after passing in the House late last week. The bill is a major step forward for Oregon towards a smarter approach to crime and was supported by Partnership for Safety and Justice. In this email, we will give you an overview of the bill and our take on it.  Look for another email soon with a more in-depth analysis of this bill and other actions taken by the 2009 Legislature.  

House Bill 3508 was authored by Judiciary Chairs Representative Jeff Barker and Senator Prozanski as well as the Public Safety sub-committee co-chairs Senator Verger and long time PSJ ally, Representative Chip Shields.  Their goal was to enact cost-saving reforms that would maintain public safety during the economic downturn Oregon and the country are facing. 

The cost-saving measures in the omnibus bill are:

• Phase-In of Measure 57: After much negotiation, the final bill continues the current implementation of Measure 57 until February 15, 2010. At that time the sentencing enhancements included in the bill for most (but not all) offenses covered in Measure 57 will be suspended until January 1, 2012. Estimated savings for the 2009-2011 biennium $49 million
• Increase of Earned Time for Non-Violent Prisoners from 20% to 30%: Oregon currently allows for certain prisoners to earn up to 20% off of their sentence based on appropriate behavior and participation in educational programs. This will be increased to 30% until this provision of the bill sunsets in July 1, 2013. Estimated savings for the 2009-2011 biennium $8 million
• Limits Probation Violation Jail Time to No More than 60 days: Allows a judge to impose no more than 60 days of jail time on someone who has violated probation unless the violation is for conviction of a new crime. Estimated savings for the 2009-2011 biennium $9 million
• Earned Time for Probationers: Allows up to a 50% reduction in a person’s probation for compliance with terms of probation. Estimated savings for the 2009-2011 biennium $7 million

As would be expected, the Oregon District Attorney’s Association was strongly opposed to these reforms and actively fought to defeat the bill, particularly earned time for prisoners. It is a major victory for sentencing reform that these provisions were passed over their opposition, particularly given that the vote required a 2/3rds majority vote, not just the usual 50% plus 1. 

(The two-thirds requirement is a result of Measure 10, sometimes referred to as Measure 11’s sneaky cousin.  Measure 10 requires a two-thirds vote of the legislature to overturn sentences passed by the voters – this includes Measure 11 and now Measure 57 also.)

While a handful of other states have begun to enact similar reforms, Oregon’s 2/3rd requirement is a particularly high bar, and we should truly celebrate this momentous victory. 

This victory did not come without significant compromises. Partnership for Safety and Justice prioritized Second Look for youth tried as adults under Measure 11 during this legislative session. While strongly considered for inclusion in the omnibus bill, in the end no Measure 11 reform was included in the omnibus bill. PSJ was deeply disappointed in that decision.

Further, in order to garner critical Republican votes, a series of sentencing enhancements were included in the bill as well as a provision modifying parole board procedures that we strongly opposed. 

Initially drafted as House Bill 2335 at the request of Crime Victim’s United and the District Attorneys’ Association, a portion of HB 3508 gives the Parole Board the ability to set the time between parole board hearings from the current two years to a range of two to ten years.

The two sentencing enhancements are:

• An increase in the sentence for the first degree kidnapping if the purpose of the kidnapping was to commit a sexual crime against a child under the age of 12. Increase the sentences from 5 years 10 months to 25 years.
• Increases the sentence for Third Degree Assault if the assault is committed by a drunk driver from 22 months to 27 months.

Overall, the savings created by House Bill 3508 will fund many of our priorities including community-based and in prison drug and alcohol treatment programs, Oregon Youth Authority programming and services for victims of domestic and sexual violence. Overall, we gained a lot and avoided losing key services that will be increasingly critical as our economy continues to falter. The increases in earned time, while temporary, will be studied and we hope will prove a successful cost-saving public safety policy as it has in Washington State. (Read about Washington's success, Increased Earned Release from Prison.)

We will be assessing the victories, challenges and opportunities created by this bill over the coming months and will engage with you and we decide on next step for continuing to move Oregon away from an over reliance on incarceration and towards smart on crime public safety policies.

Thank you for all of your hard work this session - mailing, emailing and meeting with your legislators, attending Action Team meetings and our Statewide Gathering, writing letters to the editor, educating your family and friends and more. This is your victory – and you can be proud of the difference your voice has made in beginning the process of a more sensible debate around public safety policy in Oregon.