Signed by Governor John Kitzhaber

Vote Smart's Synopsis:

Vote to pass a bill that amends sentencing regulations in the prison system and increases funding to community correction programs.

Highlights:

Exempts the following activities from classification as a category 8 crime of the Oregon Criminal Justice Commission, in cases where sentencing occurs on or after August 1, 2013 (Secs. 1 & 2):

• Delivery or manufacture of at least 100 grams of a mixture or substance containing a detectable amount of hashish; and
• Delivery or manufacture of at least 150 grams of a mixture or substance containing a detectable amount of marijuana.

Exempts the following activities from classification as a category 6 crime of the Oregon Criminal Justice Commission, in cases where sentencing occurs on or after August 1, 2013 (Secs. 1 & 2):

• Possession of at least 8 grams of a mixture or substance containing a detectable amount of hashish; and
• Possession of at least 110 grams of a mixture or substance containing a detectable amount of marijuana.

Amends the classification of “criminal driving with a suspended or revoked license” from a category 6 crime to a category 4 crime, in cases where sentencing occurs on or after August 1, 2013, except in the following circumstances (Secs. 3 & 4): 

• License suspension or revocation was due to murder, manslaughter, or criminally negligent homicide or assault resulting from the operation of a motor vehicle; or
• License suspension or revocation was due to a previous incident of aggravated vehicular homicide or aggravated driving with a suspended or revoked license.

Reduces the mandatory sentence for “robbery in the third degree” and “identity theft” from 24 months to 18 months of incarceration, in cases where sentencing occurs on or after August 1, 2013 and before July 1, 2023, at which time the mandatory sentence will return to 24 months of incarceration (Secs. 5-8).

Requires the Department of Corrections to submit a report to the legislative assembly detailing plans to reduce “per-inmate costs” by 5 percent over a 10-year period beginning July 1, 2013 (Sec. 50).

Requires the Department of Corrections to identify each inmate eligible for a short-term transitional leave program, and assist eligible inmates in identifying and applying for an employment, educational, or other transitional leave opportunity, effective August 1, 2013 (Secs. 13 & 14).

Authorizes an individual convicted of a felony and sentenced to probation or to the legal and physical custody of the supervisory authority, to have his or her sentenced reduced if he or she complies with terms of supervision, including the payment of restitution and participation in recidivism reduction programs, effective August 1, 2013 (Secs. 17 & 19).

Requires a fiscal impact statement to be submitted for any measure reported out of a committee of the legislative assembly, the effect of which is to create a new crime, increase the period of incarceration allowed or required for an existing crime, or otherwise modify sentencing of state corrections policies, effective January 1, 2014 (Secs. 46 & 47).

Defines “fiscal impact statement” as a report describing the fiscal impact that the measure would, if enacted, have on the state as well as on local governmental units for 10 years, beginning on January 1, 2014 (Secs. 46 & 47).

Requires the Oregon Criminal Justice Commission and the Justice Reinvestment Grant Review Committee to administer the Justice Reinvestment Program for the purpose of making grants to counties that meet certain requirements including, but not limited to, the following requirements (Secs. 53-55):

A requirement that at least 10 percent of grant funds awarded under this section must be distributed to community-based nonprofit organizations that provide services to victims of crime;

• A requirement that regular evaluation of the community-based sanctions, services and programs that are being funded be conducted; and
• A requirement that funds distributed under this section must be spent on providing community based sanctions, services and programs.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends sentencing regulations in the prison system and increases funding to community correction programs.

Highlights:

Exempts the following activities from classification as a category 8 crime of the Oregon Criminal Justice Commission, in cases where sentencing occurs on or after August 1, 2013 (Secs. 1 & 2):

• Delivery or manufacture of at least 100 grams of a mixture or substance containing a detectable amount of hashish; and
• Delivery or manufacture of at least 150 grams of a mixture or substance containing a detectable amount of marijuana.

Exempts the following activities from classification as a category 6 crime of the Oregon Criminal Justice Commission, in cases where sentencing occurs on or after August 1, 2013 (Secs. 1 & 2):

• Possession of at least 8 grams of a mixture or substance containing a detectable amount of hashish; and
• Possession of at least 110 grams of a mixture or substance containing a detectable amount of marijuana.

Amends the classification of “criminal driving with a suspended or revoked license” from a category 6 crime to a category 4 crime, in cases where sentencing occurs on or after August 1, 2013, except in the following circumstances (Secs. 3 & 4): 

• License suspension or revocation was due to murder, manslaughter, or criminally negligent homicide or assault resulting from the operation of a motor vehicle; or
• License suspension or revocation was due to a previous incident of aggravated vehicular homicide or aggravated driving with a suspended or revoked license.

Reduces the mandatory sentence for “robbery in the third degree” and “identity theft” from 24 months to 18 months of incarceration, in cases where sentencing occurs on or after August 1, 2013 and before July 1, 2023, at which time the mandatory sentence will return to 24 months of incarceration (Secs. 5-8).

Requires the Department of Corrections to submit a report to the legislative assembly detailing plans to reduce “per-inmate costs” by 5 percent over a 10-year period beginning July 1, 2013 (Sec. 50).

Requires the Department of Corrections to identify each inmate eligible for a short-term transitional leave program, and assist eligible inmates in identifying and applying for an employment, educational, or other transitional leave opportunity, effective August 1, 2013 (Secs. 13 & 14).

Authorizes an individual convicted of a felony and sentenced to probation or to the legal and physical custody of the supervisory authority, to have his or her sentenced reduced if he or she complies with terms of supervision, including the payment of restitution and participation in recidivism reduction programs, effective August 1, 2013 (Secs. 17 & 19).

Requires a fiscal impact statement to be submitted for any measure reported out of a committee of the legislative assembly, the effect of which is to create a new crime, increase the period of incarceration allowed or required for an existing crime, or otherwise modify sentencing of state corrections policies, effective January 1, 2014 (Secs. 46 & 47).

Defines “fiscal impact statement” as a report describing the fiscal impact that the measure would, if enacted, have on the state as well as on local governmental units for 10 years, beginning on January 1, 2014 (Secs. 46 & 47).

Requires the Oregon Criminal Justice Commission and the Justice Reinvestment Grant Review Committee to administer the Justice Reinvestment Program for the purpose of making grants to counties that meet certain requirements including, but not limited to, the following requirements (Secs. 53-55):

A requirement that at least 10 percent of grant funds awarded under this section must be distributed to community-based nonprofit organizations that provide services to victims of crime;

• A requirement that regular evaluation of the community-based sanctions, services and programs that are being funded be conducted; and
• A requirement that funds distributed under this section must be spent on providing community based sanctions, services and programs.

Full Bill Text