February Session: Legislative Update

Senate Bill 1007 was drafted to make changes to the earned time provision of the 2009 Safety and Savings Act (House Bill 3508.)  While the majority of the reforms in Safety and Savings Act have been left in place, the earned-time provision will be suspended while the Secretary of State's office performs a study of earned time in Oregon over the last five years.  

While we believe the 10% increase was good policy, there was enough misinformation about its impact being spread around and perpetuated in the media, that we support the legislature's decision to study earned time and ensure everyone has the facts.   We commend the legislators who have voted to prevent a total repeal of the earned time increase as opponents were demanding.

Partnership for Safety and Justice is part of a broad- coalition that includes SEIU, Stand for Children, Oregon Education Association,  and the Oregon Business Association that has been worked to prevent a repeal of the earned time increase.

Below is a summary of what Senate Bill 1007 will does:

REPEALS RE-SENTENCING

People in prison  who were  eligible for the 10% earned time increase but have not yet been re-sentenced will not get a hearing.  The vast majority of these hearings have already been held.

CREATES AN EARNED TIME INCREASE "TIME OUT"

The 20% earned time law that has been in effect in Oregon for more than 20 years, will remain in place, but the 10% increase will be put on hold until July 2010.

STATE WILL STUDY EARNED TIME

The Secretary of State’s Audits Division will conduct a performance audit of the earned time program, and will issue finding to the legislature prior to the “time out” expiring.  The assessment will include:

• Assessment of DOC application of earned time provision
• Evaluation of financial impact of earned time and recidivism
• Analysis of best practices related to earned time from other jurisdictions

ADDITIONAL CRIMES ADDED TO THE LIST OF CRIMES THAT CAN'T GET 10% ADDITIONAL EARNED TIME

After the “time out” an expanded list of offenses will no longer be able to have the additional 10% added on. The list includes all person crimes (as defined by the Oregon Criminal Justice Commission) and  weapons offenses.

5-YEAR LOOK BACK AT VIOLENT CRIMINAL HISTORY

After the “time out,” there will be a 20% cap on earned time for  people who have been convicted of a violent crime in the last  5 years.  In other words, if  a person commits a non-violent crime after the “time out”, there will be a look back that makes the non-violent offense ineligible for the additional 10% if they have a conviction on a violent crime in the past 5 years.

EMERGENCY CLAUSE

This bill has an emergency clause and goes into effect upon final passage and signature of the Governor.

Senate Bill 1007 passed out of the Senate on February 12th with a vote of 20 to 10.  In the House the bill passed 37 to 23.  The bill now goes to the Governor's office for signing.