Oregon Ballot Measure 61 (2008)
Encyclopedia
Oregon Ballot Measure 61 was an initiated state statute ballot measure that enacted law to create mandatory minimum prison sentences for certain theft, identity theft, forgery, drug, and burglary crimes.
The measure appeared on the November 4, 2008 general election ballot in Oregon
, as did Measure 57
which dealt with similar issues, but in a different way.
, another initiative
proposed by Kevin Mannix
, was passed, which set mandatory minimum sentences for violent crimes. It is responsible for 28% of today's prison population.
Oregon
uses the highest percentage of its state budget to lock up criminals and supervise parole of any state. Oregon has seen a growth in prison inmates from about 4,000 to more than 13,500.
If Ballot Measure 61, or the competitive measure proposed by the legislature, is passed, Oregon's prison population and percentage of state budget will become more pronounced. At the same time, Oregon has seen a greater drop in violent crime than the rest of the country on average since Measure 11 passed.
, Measure 57
, on the November 2008 ballot that would compete with Measure 61, but which would have less stringent mandatory minimums in it. In response, Mannix said that this "stinks of political manipulation". His concern is with how the competing measure's ballot title
is set. If the ballot title sounds tough-on-crime, voters--many of whom will judge the measure simply based on its title--might vote for it, even though (Mannix alleges) the competing legislative measure is "wimpy".
The key difference between the competing measures lies in how they treat first-time offenders. Measure 61 requires mandatory jail time for some first-time offenders; the competing measure does not.
Supporters of Measure 61 believe that the method of establishing the ballot title
for Oregon ballot measures is unfair and gives the legislatively-referred Measure 57 an undue advantage at the polls. For a citizen-initiated measure in Oregon, the ballot title is determined by the state's Attorney General
. In the case of the measure that will compete with Measure 61, the claim has been made that the legislature plans to set the ballot title without going through those normal channels.,
The state's Criminal Justice Commission said that the Mannix measure will cost between $128-$200 million a year, whereas the competing measure, Measure 57
, would cost between $65-70 million per year.
s for Measure 61 were Kevin Mannix
, Duane Fletchall and Steve Beck.
Kevin Mannix
said that Oregon's incarceration rate is below the national average and that the costs are high because of well-compensated corrections officers. "You get what you pay for", Mannix argued, adding that state prisons are among the most drug-free in the country.
Oregon prison officials questioned the Pew Center's numbers, mentioned below, and also pointed out that the Department of Corrections funnels about 20 percent of its budget directly to counties for jails and parole.
Loren Parks
, the biggest political contributor in Oregon history, donated over $100,000 to the campaign for this measure.
Major donations to the Defend Oregon group as of October 8 included:
The measure appeared on the November 4, 2008 general election ballot in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, as did Measure 57
Oregon Ballot Measure 57 (2008)
Oregon Ballot Measure 57 or Senate Bill 1087 was a legislatively-referred state statute that increased term of imprisonment for persons convicted of specified drug and property crimes under certain circumstances...
which dealt with similar issues, but in a different way.
Background
In 1994, Measure 11Oregon Ballot Measure 11 (1994)
Measure 11 was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes...
, another initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
proposed by Kevin Mannix
Kevin Mannix
Kevin Leese Mannix is a politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.Mannix has served in both houses of the Oregon Legislative Assembly, as a Democrat and, later, a Republican...
, was passed, which set mandatory minimum sentences for violent crimes. It is responsible for 28% of today's prison population.
Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
uses the highest percentage of its state budget to lock up criminals and supervise parole of any state. Oregon has seen a growth in prison inmates from about 4,000 to more than 13,500.
If Ballot Measure 61, or the competitive measure proposed by the legislature, is passed, Oregon's prison population and percentage of state budget will become more pronounced. At the same time, Oregon has seen a greater drop in violent crime than the rest of the country on average since Measure 11 passed.
Measure 61 versus Measure 57
In February 2008, some members of the Oregon State Legislature proposed a bill to put a legislatively-referred ballot measureLegislative referral
A Legislative referral is a form of referendum in which a legislature puts proposed legislation up for popular vote , rather than through the initiative or referendum process...
, Measure 57
Oregon Ballot Measure 57 (2008)
Oregon Ballot Measure 57 or Senate Bill 1087 was a legislatively-referred state statute that increased term of imprisonment for persons convicted of specified drug and property crimes under certain circumstances...
, on the November 2008 ballot that would compete with Measure 61, but which would have less stringent mandatory minimums in it. In response, Mannix said that this "stinks of political manipulation". His concern is with how the competing measure's ballot title
Ballot title
A ballot title is the official, short, summary of a ballot measure that appears on the ballot. The goal of a good ballot title is to be a neutral summary that accurately conveys to voters the gist of what the proposed new law says or would do...
is set. If the ballot title sounds tough-on-crime, voters--many of whom will judge the measure simply based on its title--might vote for it, even though (Mannix alleges) the competing legislative measure is "wimpy".
The key difference between the competing measures lies in how they treat first-time offenders. Measure 61 requires mandatory jail time for some first-time offenders; the competing measure does not.
Supporters of Measure 61 believe that the method of establishing the ballot title
Ballot title
A ballot title is the official, short, summary of a ballot measure that appears on the ballot. The goal of a good ballot title is to be a neutral summary that accurately conveys to voters the gist of what the proposed new law says or would do...
for Oregon ballot measures is unfair and gives the legislatively-referred Measure 57 an undue advantage at the polls. For a citizen-initiated measure in Oregon, the ballot title is determined by the state's Attorney General
Oregon Attorney General
The Oregon Attorney General is a statutory office within the executive branch of the state of Oregon, and serves as the chief legal officer of the state, heading its Department of Justice with its six operating divisions. The Attorney General is chosen by statewide partisan election to serve a term...
. In the case of the measure that will compete with Measure 61, the claim has been made that the legislature plans to set the ballot title without going through those normal channels.,
Specific provisions
Ballot Measure 61 enacted the following provisions:- Sets mandatory minimum sentences for certain drug and property crimes and for identity theft.
- It establishes a new felony crime of motor vehicle theft.
- A person sentenced under Measure 61 sentencing guidelines must serve his or her full sentence--the sentence could not be reduced for any reason.
- The sentences must be served in state prison facilities and work camps.
- The state is to reimburse counties for the cost of pre-trial detention for persons sentenced under Measure 61.
- Manufacturing or dealing heroin or ecstasy requires 36 months in prison.
- Manufacturing or dealing meth or cocaine within 1000 feet of a school requires 36 months in prison.
- Persons convicted of burglarizing a residence or identity theft must serve a 36-month sentence.
Estimated fiscal impact
The state's Financial Estimate Committee prepares estimated fiscal impact statements for any ballot measures that will appear on the ballot. The estimate prepared by this committee for Measure 61 says:- Measure 61 would require additional state spending of between $8-$10 million in the first year.
- In the second year, it would cost from $67-$88 million.
- In the third year, the cost would be $122-$178 million.
- In the fourth and subsequent years, the cost would rise to $164 million and on up.
The state's Criminal Justice Commission said that the Mannix measure will cost between $128-$200 million a year, whereas the competing measure, Measure 57
Oregon Ballot Measure 57 (2008)
Oregon Ballot Measure 57 or Senate Bill 1087 was a legislatively-referred state statute that increased term of imprisonment for persons convicted of specified drug and property crimes under certain circumstances...
, would cost between $65-70 million per year.
Support
The chief petitionerPetitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
s for Measure 61 were Kevin Mannix
Kevin Mannix
Kevin Leese Mannix is a politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.Mannix has served in both houses of the Oregon Legislative Assembly, as a Democrat and, later, a Republican...
, Duane Fletchall and Steve Beck.
Kevin Mannix
Kevin Mannix
Kevin Leese Mannix is a politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.Mannix has served in both houses of the Oregon Legislative Assembly, as a Democrat and, later, a Republican...
said that Oregon's incarceration rate is below the national average and that the costs are high because of well-compensated corrections officers. "You get what you pay for", Mannix argued, adding that state prisons are among the most drug-free in the country.
Oregon prison officials questioned the Pew Center's numbers, mentioned below, and also pointed out that the Department of Corrections funnels about 20 percent of its budget directly to counties for jails and parole.
Loren Parks
Loren Parks
Loren Parks is a businessman from the U.S. state of Nevada. He previously lived in Oregon , and is the biggest political contributor in the history of that state. He has financed numerous ballot measure initiative petitions and campaigns since the mid-1990s...
, the biggest political contributor in Oregon history, donated over $100,000 to the campaign for this measure.
Arguments against Measure 61
Notable arguments in opposition to the measure included:- Prison budgets take away from other government programs.
- "The point is getting tough on crime has gotten tough on taxpayers".
- It is one-size-fits-all and doesn't take account of differing circumstances.
Donors opposing Measure 61
Defend Oregon, as a committee, fought seven different ballot measures, and supported two others. As a result, it is not possible to discern how much of its campaign money was going specifically to defeat Measure 59. Altogether, the group raised over $6 million in 2008.Major donations to the Defend Oregon group as of October 8 included:
- $4.1 million from the Oregon Education AssociationOregon Education AssociationThe Oregon Education Association is the largest public education employees' union in the U.S. state of Oregon, representing more than 46,000 teachers and classified personnel. It has local affiliates in each of the state's 199 public school districts, and 8 community colleges...
., - $100,000 from School Employees Exercising Democracy (SEED)
- $100,000 from the AFL-CIOAFL-CIOThe American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
. - $50,000 from Oregon AFSCME Council 75.
Further reading
- StatesmanJournal.com: "Kroger backs alternative to crime measure", July 17, 2008
- "Either anti-crime measure will cost over $1 billion, state says", Oregons Against Measure 11
- The Oregonian, "Loren Parks begins spending on Oregon crime measures", August 14, 2008
Basic information
- Chief Petitioner Kevin Mannix on BallotPedia.org
- Oregon Voters' Pamphlet for Measure 61
- 2008 General Election Measures: Voter Guide
- Full text of the initiative
- Status and information on this initiative from the Oregon Secretary of StateOregon Secretary of StateThe Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...