Oregon Ballot Measure 11 (1994) - Background and Context

Background and Context

Prior to 1989, Oregon judges would decide whether a convicted felon should be put on probation or sent to prison, and for those sent to prison, set a maximum sentence (known as an "indeterminate sentence.") Based on a subsequent decision by the Parole Board, the average offender would serve a fraction of the sentence handed down by the judge.

The Oregon Legislative Assembly established felony sentencing guidelines in 1989, in an attempt to achieve the following four goals:

• Proportional punishment, imposing the most severe sentences on the most serious offenders
• Truth in sentencing, so the judge's sentence would more closely reflect actual prison time
• Sentence uniformity, to reduce disparities among judges
• Maintenance of correctional capacity consistent with sentencing policy, so the criminal justice system would be able to deliver proposed penalties.

Parole release for most offenders was abolished by the establishment of these guidelines. The Board of Parole and Post-Prison Supervision continues to have release authority over those prison inmates sentenced for crimes committed prior to November 1, 1989, those sentenced by the courts as dangerous offenders, and for murderers and aggravated murderers who are eligible for parole, regardless of the date of their crimes. Other prisoners began serving at least 80% of their sentences.

Measure 11, passed in 1994, affected only specific crimes, which were covered by the sentencing guidelines from 1989 to 1994.

Various exceptions exist to the guidelines, and to Measure 11 restrictions on sentencing.