Measure 61

Explanatory Statement

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:

Sentencing Comparison
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.)