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Oregon’s Measure 11 Sentencing Reform
Implementation and System Impact
In 1994, Oregon voters passed Measure 11, which imposed long mandatory prison terms for 16 designated violent and sex-related offenses, prohibited “earned time,” and provided for mandatory waiver of youthful offenders to adult court. Proponents of the measure felt that it would improve public safety by both deterring future criminal behavior and increasing the length of time that serious felons spend in prison, while opponents believed that it would adversely affect criminal justice system operations and reduce system integrity.
This report presents the findings of a study of the implementation and outcomes of Measure 11 across the state as a whole and within three counties, undertaken at the request of the Oregon Criminal Justice Commission. It draws upon state-level databases and interviews with state and county stakeholders to answer key questions about how the measure was developed; its relationship to the existing sentencing practices in the state; impacts on the types of sentences imposed, admissions to prison, and sentence lengths imposed; and changes in sentencing practices for both adults and youths.
The analyses presented show trends in crime and its prosecution in Oregon before and after implementation of Measure 11. The measure has increased the length of prison sentences for offenders convicted of serious crimes, but fewer offenders have been sentenced for these crimes. This shift may have resulted from the use of prosecutorial discretion and the downgrading of cases deemed inappropriate for the mandatory minimum penalties. Some of the changes in sentencing and case processing practices were planned system changes, but others were unplanned and are not fully understood. The report concludes with suggestions for further research that can provide more-definitive answers to the questions posed.
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Contents
Chapter One:
Introduction
Chapter Two:
Evolution of Sentencing Reform
Chapter Three:
History of Criminal Sentencing in Oregon
Chapter Four:
Methodology
Chapter Five:
Case Processing Before and After Measure 11
Chapter Six:
Case Processing Before and After Measure 11 for Youthful Offenders in Oregon
Chapter Seven:
Case Processing Before and After Measure 11 in Three Oregon Counties
Chapter Eight:
Crime Rates Before and After Measure 11
Chapter Nine:
Findings and Concluding Remarks
Appendix A:
Text of Measure 11 Legislation
Appendix B:
Subsequent Measure 11-Related Legislation
Appendix C:
Partial Text of SB 1049
Appendix D:
Rank Ordering of M11-Eligible Offenses
Appendix E:
Study County Characteristics
The research described in this report was conducted by RAND’s Public Safety and Justice for the National Institute of Justice.
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