Changes to Measure 11 prison sentences appear dead this session
Published 12:40 pm Friday, June 11, 2021
- The top of the Oregon Capitol in Salem.
Efforts to undo Oregon’s mandatory minimum sentencing law have fizzled, according to a key lawmaker who has pushed for years to roll back the longstanding policy.
Sen. Floyd Prozanski, a Democrat from Eugene, said Thursday that the bill he sponsored, Senate Bill 401, is marooned in the Senate Rules Committee, where it seems likely to die.
Prozanski sought to replace mandatory minimum sentences for most violent crimes with a system that would give judges more discretion over sentences.
He blamed the Oregon District Attorneys Association for failing to work with him on a potential compromise.
“I don’t see it us moving it forward,” he said. “I don’t have the 20 votes” needed to pass it out of the Senate.
He said a neutral position from the prosecutors group would have gone a long way toward swaying some lawmakers.
He said he went to the district attorneys association several weeks ago with a compromise that would remove only second-degree robbery and second-degree assault from the list of crimes that trigger mandatory minimum sentences. The rest of the law would remain the same, he said.
But he and prosecutors still could not reach an agreement.
“It’s never good enough” for the association, he said.
Marion County District Attorney Paige Clarkson, president of the prosecutors association, said in response that any changes “must be carried out in a deliberate and thoughtful manner that does not increase uncertainty about any unintended consequences of those changes.”
She called Prozanski’s final proposal removing second-degree assault and second-degree robbery “rushed.”
“A crime victim and survivor should be able to have faith that any proposed changes will only result in the intended outcome and by not rushing this complex conversation we decrease the chances for those unintended consequences harming crime victims and survivors,” she said.
Prozanski went into the session hoping discussions on changing Measure 11 would be front and center. Four bills were submitted for consideration, but eventually SB 401 emerged as the focus of those talks.
On Thursday, he said he was disappointed the debate went nowhere.
“It’s frustrating that I don’t get the courtesy of having honest deliberation and discussion,” he said.
All along, prosecutors have been the most forceful opponents of changing the law.
They argue that Measure 11 ensures courts treat violent criminals in a consistent and fair manner. They say the state’s mandatory minimum sentences for crimes such as rape — eight years and four months — are reasonable, hold offenders accountable and keep communities safe.
Prozanski and others who want to do away with mandatory minimums say the policy is outdated, inflexible and overly harsh.