Ballot Measure 61 sets mandatory minimum sentences for certain drug and property crimes and identity theft. This measure also establishes a new felony crime of motor vehicle theft. When a person is sentenced under this measure, the person must serve the full sentence and may not have the sentence reduced for any reason.
This measure also requires that:
This measure requires that persons convicted of the following crimes serve at least the following sentences:
This measure requires that persons with a previous felony conviction or two previous misdemeanor convictions who are convicted of the following crimes serve at least the following sentences:
|Crime||Current Sentencing Guideline Range Depending on Facts of the Case and Criminal History||Measure 61 Mandatory Minimum Sentence Which Judge Must Impose|
|Manufacturing or dealing heroin or ecstasy; manufacturing or dealing methamphetamine or cocaine within 1,000 feet of a school; or dealing methamphetamine or cocaine to a minor||Probation to 45 months*||36 months|
|Manufacturing or dealing methamphetamine or cocaine in any other circumstance||Probation to 45 months*||30 months|
|Identity theft||Probation to 30 months*||36 months|
|First degree burglary||Probation to 36 months*||36 months|
|First degree forgery when the person has a serious criminal record||Probation to 30 months*||18 months|
|Motor vehicle theft, when the person has a serious criminal record||New crime: no current sentence. Under current law prosecutors generally charge under Unauthorized Use of a Motor Vehicle with a Guideline Sentence of probation to 30 months*||18 months|
|First degree theft when the person has a serious criminal record||Probation to 30 months*||14 months|
|Second degree burglary of a nonresidential building when the person has a serious criminal record||Probation to 30 months*||14 months|
*These sentences can be reduced up to 20% for "earned time" and an additional 20% for successfully completing Alternative Incarceration Programs.
Under Measure 61 "serious criminal record" means the person has at least one previous conviction of a felony or at least two previous convictions of misdemeanors.
|Committee Members:||Appointed by:|
|Steve Doell||Chief Petitioners|
|Kevin Mannix||Chief Petitioners|
|Mary Botkin||Secretary of State|
|Dave Rogers||Secretary of State|
|Dale Penn||Members of the Committee|
(This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.)