Proposed by initiative petition to be voted on at the General Election, November 2, 2010.
Requires increased minimum sentences for certain repeated sex crimes, incarceration for repeated driving under influence
Result of “yes” vote
“Yes” vote increases minimum sentences for certain repeated sex crimes (300 months), imposes minimum incarceration sentence for certain repeated driving under influence convictions (90 days).
Result of “no” vote
“No” vote retains mandatory-minimum sentences of 70 to 100 months for certain sex crimes, provides no mandatoryminimum incarceration sentence for driving under influence.
Current law imposes mandatory-minimum sentences of 70 to 100 months for certain sex crimes; no mandatory-minimum incarceration sentence for driving under influence of intoxicants (DUII). Measure imposes mandatory-minimum sentence of 300 months for person convicted of “major felony sex crime” if previously convicted of major felony sex crime; defines “major felony sex crime” as first-degree rape, first-degree sodomy, first-degree unlawful sexual penetration, using child in sexually explicit display; previous conviction includes statutory counterpart in another jurisdiction, and separate criminal episode in same sentencing proceeding. Measure makes DUII a class C felony if defendant previously convicted of DUII, or statutory counterpart, at least twice in prior 10 years; imposes mandatory-minimum sentence of 90 days, at state expense. Other provisions.
Estimate of Financial Impact
The measure will require additional state spending of $1.4 million in the first year, $11.4 million to $14.6 million in the second year $13.9 million to $21.0 million in the third year, $16.7 million to $26.6 million in the fourth year and $18.1 million to $29.1 million each year after that.
The measure does not require additional local government spending. The measure directly reduces expenditures for local government by $0.4 million in the first year and $3.2 million to $4.6 million each year after that, primarily by shifting costs to the state.
The measure does not increase the amount of funds collected for state or local government.
Explanation of Estimate of Financial Impact
There will be no immediate cost to the state for the repeat sex offender provision of the measure because the few offenders subject to the measure are sentenced under current law to an average of 15 years. As such, no new prison beds would be needed for the 25-year sentences required by this measure until after 2017.
The driving under the influence provisions of the measure will increase costs to the state in a number of ways. Offenders will spend more time in prison, which increases the cost of running prisons as well as administrative overhead. The state will be required to pay all county costs for jail time. The courts will incur added costs to try offenders covered by this measure. Finally, the measure will increase costs for court appointed attorneys for defense of felony charges.
These costs will be $1.4 million in the first year, and increase to between $18.1 and $29.1 million per year after the fifth year. Actual costs will depend on the number of individuals who are charged and convicted of driving under the influence of intoxicants as a felony.
The measure does not require additional spending by local government. The measure directly reduces expenditures for local government by $400,000 in the first year and $3.2 to $4.6 million each year after that. The state will pay for local jail and probation costs for offenders who would have been convicted previously of misdemeanors. Currently, this is a county cost.
Implementing the Measure
The current prison population is around 14,000. Over the next five years, the measure could require between 400 and 600 additional prison beds, depending on the number of people convicted of crimes under this measure.
The measure does not identify a funding source. Today the costs of prisons are paid for out of the state General Fund, which comes mostly from income taxes. The General Fund is also used to pay for public education, services for children, the elderly, and the disabled (including medical care), public safety, and other programs.
Secretary of State Kate Brown
State Treasurer Ted Wheeler
Scott L. Harra, Director, Dept. of Administrative Services
Elizabeth Harchenko, Director, Dept. of Revenue
Debra Guzman, Local Government Representative
(The estimate of financial impact and explanation was provided by the above committee pursuant to ORS 250.127.)