Oregon Ballot Measure 52 (2008) - Estimate of Financial Impact

Estimate of Financial Impact

The direct financial impact to state and local governments is indeterminate because of the uncertainty of how many victims choose to bring an enforcement action to protect rights guaranteed under section 43, Article I of the Oregon Constitution, but denied by the court, district attorney or other public agency. The cost of this measure could increase the number of pretrial release hearings and increase the number of criminal defendants held and the length of incarceration before, during or after trials. Current provisions of the constitution establish a victim's right to be reasonably protected from the defendant during the criminal justice process, including pretrial detention of a criminal defendant. Current constitutional provisions require that there shall be no bail for a defendant accused of a violent felony where the defendant is a danger to the victim or others. Few of these criminal defendants awaiting trial are currently released, so the number of cases affected by this measure may be minimal. The measure authorizes the legislature to enact laws providing detailed procedures for claims by victims, including the establishment of reasonable limitations on the time allowed victims to assert their rights and prescribing procedures for appeal. Legislation providing such procedures and limitations could change the direct costs of this measure.