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Measure Details

Creates Mandatory Minimum Prison Sentences for Certain Theft, Identity Theft, Forgery, Drug, and Burglary Crimes

Oregon Ballot Measure - Measure 61

Election: General Nov. 4, 2008 (General)
Outcome: Passed

Categories:
Crime
Drugs

Summary

Ballot Measure 61 sets mandatory minimum sentences for certain drug and property crimes and identity theft. This measure also establishes a new felony crime of motor vehicle theft. When a person is sentenced under this measure, the person must serve the full sentence and may not have the sentence reduced for any reason.

This measure also requires that:
- These sentences be served in state prison facilities and work camps.
- The state reimburse counties for the cost of pretrial detention for persons sentenced under this measure.

This measure requires that persons convicted of the following crimes serve at least the following sentences:
- Persons convicted of manufacturing or dealing heroin or ecstasy must serve a prison sentence of 36 months.
- Persons convicted of manufacturing or dealing methamphetamine or cocaine within 1,000 feet of a school, or dealing methamphetamine or cocaine to a minor, must serve a prison sentence of 36 months.
- Persons convicted of manufacturing or dealing methamphetamine or cocaine in any other circumstance must serve a prison sentence of 30 months.
- Persons convicted of a burglary of a residence or identity theft must serve a prison sentence of 36 months.

This measure requires that persons with a previous felony conviction or two previous misdemeanor convictions who are convicted of the following crimes serve at least the following sentences:
- Persons convicted of forgery in the first degree or felony motor vehicle theft must serve a prison sentence of 18 months.
- Persons convicted of theft in the first degree or burglary of a nonresidential building must serve a prison sentence of 14 months.

The current sentencing guidelines for the crimes listed above range from probation to a prison sentence of up to 45 months. These sentences can be reduced up to 20% for "earned time" and an additional 20% for successfully completing Alternative Incarceration Programs. For a detailed table comparing current and proposed sentencing guidelines, please visit the Oregon Secretary of State's website.

Under measure 61 "serious criminal record" means the person has at least one previous conviction of a felony or at least two previous convictions of misdemeanors.

Measure Text

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