Oregon Ballot Measure 40 (2008)

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Oregon Ballot Measure 40 is an initiated state statute that would create mandatory minimum prison sentences for certain theft, identity theft, forgery, drug, and burglary crimes.

The measure will appear on the November 4, 2008 ballot in Oregon.[1]

Proponents

The chief petitioners for Measure 40 are Kevin Mannix, Duane Fletchall and Steve Beck.

Controversy over ballot title and competing ballot measure

In February 2008, some members of the Oregon State Legislature proposed a bill to put a legislatively-referred ballot measure on the November 2008 ballot that would compete with Measure 40, but which would have less stringent mandatory minimums in it.[2] In response, Mannix said that this "stinks of political manipulation". His concern is with how the competing measure's ballot title is set. If the ballot title sounds tough-on-crime, voters--many of whom will judge the measure simply based on its title--might vote for it, even though (Mannix alleges) the competing legislative measure is "wimpy".[3]

The key difference between the competing measures lies in how they treat first-time offenders. Measure 40 requires mandatory jail time for some first-time offenders; the competing measure does not.

Both measures have already qualified for the November General Election ballot.

Part of the controversy over the ballot title has to do with who writes it. For a citizen-initiated measure in Oregon, the ballot title is determined by the state's Attorney General. In the case of the measure that will compete with Measure 40, the claim has been made that the legislature plans to set the ballot title without going through those normal channels.[4],[5]

See: Oregon Ballot Measure 408 (2008)

Estimated cost

The state's Criminal Justice Commission says that the Mannix measure will cost between $128-$200 million a year, whereas the competing measure would cost between $65-70 million per year.[6]

An increase in prison inmates since 1994

In 1994, Measure 11, another initiative proposed by Kevin Mannix, was passed, which set mandatory minimum sentences for violent crimes. It is responsible for 28% of today's prison population. Oregon uses the highest percentage of its state budget to lock up criminals and supervise parole of any state. Oregon has seen a growth in prison inmates from about 4,000 to more than 13,500.

If Ballot Measure 40, or the competitive measure proposed by the legislature, is passed, Oregon's prison population and percentage of state budget will become more pronounced. However, Oregon has seen an even greater drop in violent crime than the rest of the country on average since Measure 11 passed.[7]

Support

Kevin Mannix said that Oregon's incarceration rate is below the national average and that the costs are high because of well-compensated corrections officers. "You get what you pay for", Mannix argued, adding that state prisons are among the most drug-free in the country.

Oregon prison officials questioned the Pew Center's numbers, mentioned below, and also pointed out that the Department of Corrections funnels about 20 percent of its budget directly to counties for jails and parole.[7]

Opposition

Adam Gelb, director of the public safety performance project at the Pew Center points out that many states are looking to reduce prison population growth. Texas, which has increased parole and treatment centers and now projects no growth in its prison population for the next five years.

"They haven't gone soft on crime in Texas. They've gotten smart," Gelb said. In Oregon, prison budgets take away from other programs. "The point is getting tough on crime has gotten tough an taxpayers".[7]

See also

External links

References

  1. ↑ OregonLive.com: "Mannix's tough-on-crime measure will be on Oregon ballot", The Oregonian, April 11, 2008
  2. ↑ Crime measures will fight it out come fall The Oregonian, February 23, 2008
  3. ↑ Mannix says Ore. lawmakers stacking the deck against his measure
  4. ↑ Developing hard, Democrats avoiding review process again! Ted Piccolo, February 16, 2008
  5. ↑ Salem Democrats to give Republicans the perfect issue
  6. ↑ Bill poses crime-fighting choice Edward Walsh, The Oregonian, February 13, 2008
  7. ↑ 7.0 7.1 7.2 Prisons Lock in a Chunk of Budget from The Oregonian
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