About
This blog was developed to provide accurate information about Oregon Measure 11, the mandatory minimum sentencing law passed in 1994.
Since this law was passed, there have been many unintended consequences including innocent people being forced to plead quilty (plea bargaining) with district attorneys in order to avoid years in jail, prison overpopulation and the need to build new facilities (the governor’s budget called for over $1 Billion this year just for prisons – the highest amount in history), judges being prevented from sentencing fair and appropriate punishment, juries being prevented from knowing all case facts and the effects of their verdicts, etc.
Sadly, an overwhelming majority of Oregonians know little to nothing about this crippling law until personally faced with it themselves.
After several requests by readers, we have created a way for you to be able to help with our website expenses. Simply click the button above and you will be taken to a secure server. Thank you so much for your support!
Loading ...
Comments»
Thank you for creating this site. I will share it with as many fellow Oregonians as I can. I will link it to my other websites so others can stumble upon it. I haven’t read the blogs yet, but I am anxious to.
-ellen
you know what gets me a man can go to jail for 37 years over a little girls “dream” and someone can go out and commit murder and only get 10 years. he was sentence last week
you know what is this most devasting part of this whole law is that we lock our kids up for long amounts of time, expect them to get out and be productive only for them to realize that they can’t get decent job or housing because they have been convicted of a measure 11 crime (which shows up on all criminal background checks) now come something has to give.
After my husband was sentenced under measure 11, I have not heard or found one good or beneficial thing towards this measure. My husband was a first time offender; rather than him giving back to the community for his crime, the community has to pay for him to sit in prison and be exposed to everyday horror. How is this measure helping anyone or anything? It’s NOT.
Thank you for posting this site! My son who turned 16 yrs old one month prior to getting arrested and having never committed any other crimes, was convicted under Measure 11. He got 7 yrs and all of the “advantages” they said he would get, are totally bogus. He has lost his entire teen yrs and for what?
Richelle….what advantages did they say he would get, and why would he get them? What County did he fall in?
Measure 11 is the prosecuting attorney’s wet dream. It gives them all the power. It takes away from the judge the ability to decide what is an appropriate sentence for given crime, to filter the shades of gray that is life, from the black and white of the law. This law has given an imbalance to the justice system, the pendulum is now, fully in the DAs court.
Tom, it’s been that way since April 1, 1994, and the people of Oregon through Measure 11 gave them the power, not once, in 1994 but also in 2000.
One reoccurring theme that runs through these stories, is that your person “inside” is a victim of the law. Seems like we are hard to learn the lessons, it’s been a law for 16 years.
We need to drill it into our children that if they do one of the crimes on the measure 11 list, they will catch you, and you will go to prison, end of story, no get out early, no clemency, you do every day.. Few stories say “my person was just walking down the street, tending to his own business and the cops pulled up and whisked him away”. In order for this law to work, we need to help our person inside learn how to keep this from happening again….I think the study shows that 70% reoffend and are back in prison before post prison supervision is completed…3 years…. that’s not a good scenario.
Once my loved one get sentenced, it was my responsibility to help my son accept what had happened to him, encourage him to take advantage of anything positive offered inside, stay out of the drama, prepare himself to come home and stay away from friends, drugs, booze, women, gangs or what ever he allowed to influence him in a negative way..
The community is willing to pay to put you in prison and keep you there for as long as possible. It’s our job to change our behavior, focus on a goal and make up for the time we lost while in prison.
Don’t encourage your person to be the victim of measure 11, it’s a large bump in the road, but you can get over that bump….or not….
I have a good friend and neighbor that will soon be going to prison for a measure 11 crime. He hit a man in the head at a bar with a beer glass. Yes the man had stiches in put in his head, but my friend severed tendons in his hand and has 70% use of it. the other guy was hitting on his wife,and yes it has happened before by the same guy. Yes he is guilty of a crime and should be punished. He should have never been served at the bar anyway,he was already drunk, and they knew it. He is loosing a good job, his home, and has 2 young children. There is some other punishment that could be just as affective. The cost to us, the tax payers, is out of control. He has no other record, these cases should be tried in a case by case basis. he too plea barganed it down as far as it could go and has 26 months. Not right, before measure 11 this would have been a bar fight. Let the judges do their job!
im interested in learning more
Not sure what you are asking, but you can search Oregon Measure 11 and read the law. Measure 11 addresses mandatory sentencing for specific violent crimes. If you need other/more information, please be specific. I am sure someone will be able to answer most all questions.
Can anyone out there help me? My granddaughter is up against a prop 11 charge. It is my understanding there is a group of people who can offer help. Does anyone know who they are?
I have a friend who is currently serving time on a measur11 offense. He asked me to go on line and see if I could locate any recent information on the implementation of (GOOD TIME) for measure 11 offenders. I know there was talk about it on the news. But I haven’t been able to find out what the status on this subject is. Is it scheduled for a vote ? Can anyone tell me what’s up with this ?
To Zoraida re:#5. They said that after 3 yrs of probation his felony would be wiped from his record. It was in Klamath County.
Richelle:
I have never heard of that happening. Do you have documentation? You can hire an attny and have Class C felonies expunged, but usually you have many charges so it wouldn’t clear your record therefore it would be a waste of money.
Your criminal history follows you your whole life….
My husband is fighting a measure 11 right now for a “touching” case. There was no skin to skin contact or rubbing. My husband took a plesmagraph to prove he wasn’t a predatory sicko and passed. The DA has postponed the case 5 times. They have offered 4 deals so far. My husband doesnt want to takea deal or admit to something he didn’t do. This system takes people rights away and you are “GUILTY UNTIL PROVEN INNOCENT.” Does anyone have any advice for us?
Help. my son is 1/2 way through post prison conviction in cali on an interstate tranfer. they r trying to use hos m11 go count as a first strike. He got a felony dui. i cant find anyone to talk to in oregon about the pv hold they have on him. does anyonne know who i could talk to. he was a 1st offender when he got the m11. Zorida i hope all is well its been awhile. can someone please tell me where i can get some help on the pc hold..im losing my strength. thanks for listening.
Hi Ellen: It has been a long time.
Slow down and lets figure this out.
So I know Ricky got out some time ago, so is he still on PPS from that charge…post prison supervision from then???? seems like it’s been a long time.
Was he interstate compacted straight to Calif or was he on PPS here in Oregon then moved to Calif? So if he was here in Oregon, you could talk to his PO….probably in Washington County, and if he went straight to Calif, he has a PO there….can’t you talk to that person?
Would anyone in charge of this site be available to come speak to my Contemporary Issues classes next week. I’ve got two classes of 27 each and they’re studying crime and punishment. Love to have ya.
My son is in prison on a M11 conviction. First time offense, first time felon. He has now served 2 1/2 of the sentenced 7 1/2 years. He is in honors housing, more than 18 months “perfect behavior”. Unfortunatly, I live on the east coast, and am trying very hard to learn about Measure 11, and the reform / repeal of it. Can anyone tell me of other sites to check? I need to stay on top of this so I can keep him informed. Thanks for any help!!
Beth,
This is long and not all on point but thought I would share. This is all my personal opinion shaped by sleeplessness.I think I learned more from other moms/dads/grandparents that I saw at visiting than I did in anyone book.
The short story as I know it: Keving Mannox (cross yourself here) lost
M11 is a big secret and you only find out about it after a loved one is sentenced. After my son was sentenced I tried to tell my family and friends what happened and no one believed (like your son) you could go away for 6 years for Robbery. They would tell me right to my face they were sure I was mistaken or he did something else I didn’t know about.The halls can get quite ripe I guess.
I don’t know what kind of student your son is but Ricky was able to go to Long Distance Learning classes at Chemeketa Jr. College and then Ohio Univ. (write me for more info.) If he can do school it will help his self confidence and most locations have counselor/trainers
My son went in at 17 for 6 years and was released 11/09 (also 1st time). After stripping him of the right to learn how to be independent and make his own decisions during those developmental years they were shocked when he was easily manipulated into getting into a car and drive after drinking.
Because he was on post-prison conviction (How this is even legal I do not know) and on an interstate transfer to Calif. he sat down there for 12 months in maximum security and then came back to Oregon and did 2 months for parole violation.
I know you are on long way from this, but tell your son getting in trouble on parole or after is much worse for everyone so DON’T DO IT! Now he’s in his mid-twenties and has only had 6 months of job history.
FYI: Last I heard the recidivism rate was 85%. Are you surprised?
He is scared to death that Oregon will let him come home (end of month) only to find Calif Highway patrol outside the gate to take him back to jail.
Good Luck and God Bless your son, you and your whole family.
Here is a p
hi, why has this site gone silent? people are still being sentenced under measure 11 how do not deserve such harsh sentences. We still need to fight this! We need resources and we need to get the power back to the judges.
My son went to OR because his mother-in law said she wanted to help him. Then she took off and left my son with nothing! My son did a stupid thing and tried to Rob a store, there was no gun or knife but he had a metal pipe. They wanted to scare him into thinking they would give him 12 years for this, 12 Years? My son has no other record and has never had any record, he had no idea of this measure 11 and now will sign off on 5yrs 10 months for $86, and no Gun or Knife, REALLY??? People that murder don’t even get that kind time?? I understand about Rape and crimes against children and about murder, but no time off for good behavior or the fact he has no record at all is just wrong! Maybe when the people in OR are faced with the possible sentance of a loved one like my son, they will feel different about Measure 11?? Maybe it will take that to see that this is not right! Good luck to you folks in OR, I’m greatful I don’t live in a state that can lock people up under the conditions that exist now. Even God has Mercy on his people! If there is anything I can do? Please let me know? I live in CA and my son has no family in OR, so it makes it hard to deal with this situation.
IF someone robbed you with a metal pipe, how much time do you think they should get?
How much time to you think someone that murders your loved one should get?
The people of Oregon voted 2 times for Measure 11….more voted for it the second time than did the first…..
zoraidazzz, Thanks for the input, but I guess you don’t get the point! The DA wanted 12 years, Really?? Why not just lock them up for good?? That is what you sound like you are saying? I agree it was wrong and needs to be punished, but, first time offender and no trial because the use the scare of getting 12 years, so they sign off. Do you have any idea how many people are in OR jails? People do make mistakes in life, I’m not saying people who murder or hurt children, he didn’t hurt anyone and they didn’t even have the victim who said he was not sure? So I guess 5yrs 10 months seem fair?? I hope no one you love ever makes a mistake in there life in OR. Again I think this law is meant for Murder and the harm of children, I get that! Thanks for the info, great insight! I will pray that any sin you have committed “God ” will forgive someday! Have a wonderful life! P.S. no respect for people who can’t even use there really name!
I simply asked you a couple of questions….you didn’t answer either of them….no need to be snarky with me
I had a son inside for 5 years 10 months for a crime he didn’t even do…..supposedly he hit someone….Assault….but he paid the bill and came out a stronger, better person. He learned to choose his friends much more carefully. He had no record, so I do know where you are coming from. That was 1999 to 2005….
Hopefully when your son gets out he will make better choices. Robbing is never the top choice no matter what the circumstances are or who else you have to blame.
You shouldn’t use your “really” name, as you put it….it could be dangerous for you or for your inmate….if you read the instruction that….I miss my brother wrote….not his real name….you will see that you are not following the concept…..we are exposing ourselves to criminals, and families of criminals , you know
Here are the answers to the questions!
IF someone robbed you with a metal pipe, how much time do you think they should get?
As far as time, that is not the question, the fault is with the system they use,too scared to go to trail because they let them know if you lose, then you will get 10-12 years, so the court never even has to do there job, just cut deals? I also think a person’s record should be used to show they made a mistake. “First time”. Last, no time off if the do work hard and try to do good in jail? I did say, he needs to pay for what he did, just seems the legal system in OR is just lazy? Or they don’t care about Oregonians? They sure seem to be able to pass all the “POT” laws in that state? I wonder why there are so many locked up for drugs? Maybe that is also a reason and they should look at that issue too?
How much time to you think someone that murders your loved one should get?
As to this question, I think too many get off to easy when they Murder! I do think the Death Penality is necessary and should be used when it is apporate. I get the point you make, sorry if I was snarkey, but, I think their are better ways to judge people! Like the use of a Judge and a real court system?
Sorry your son had t be locked up for that time, I guess he had no choice but to take a deal? My son will learn from this, and be a better person too when he gets out! I will continue to Pray each day God keeps him safe and his time goes by quickly.
Too late about the name, I guess I didn’t think that would come into play, since my son does not have my last name? Thanks for the advice.
Good luck in OR, I hope they keep you safe and able to sleep at night!
Re your name….don’t feel safe. If you write to your son, your name is on the envelope, and you just never know how you can be connected to an inmate. I had a friend that was nice enough to take a woman to CRCI to visit. They did this for some time….the person that was the rider, set up a rear ender so she could sue for physical damages….her attny took care of it, but you get the point.
It isn’t the justice system that came up with Measure 11, it was a popular attny named Mannix in Salem and a man named Steve Doell that wrote the bill, got it on the ballot… and the people of Oregon voted it in, in 1994 and again in 2000 when.66% of the voters kept it on the books by voting for it. Oregonians want strict laws, and the judges were letting people off too easily. The time meted out for each crime is the SHORTEST….MINIMUM amount of time MANDATORY to pay for the crime. Before M11 they could be sentenced to more than what the grid says and were sentenced by the rules in the Matrix system. Because the sentences were longer, they could get good time….and an early out.
You said your son committed the crime, so a court and judge wasn’t necessary, he accepted a plea bargain and will serve less time. It was a good deal for him as they didn’t have to offer lessor charges.
Your son will be safe if he tends to his own business and doesn’t get involved with the drama….he should take what ever classes is available to him, finish school if he hasn’t already, and work hard at what ever job he gets….keep busy doing positive things. This is an opportunity to show himself and his family that he is sorry for the “mistake” and prepare for his eventual freedom.
Measure 11 only covers violent crimes. No sentences for drug issues were written into the measure. However, a lot of time during a drug buy or theft, violence does occur….which then pushes the crime into a measure 11.
What is Measure 11?
Oregon voters approved Ballot Measure 11 in November 1994 to apply mandatory minimum prison sentences to certain crimes against persons committed on or after April 1, 1995, with no possibility for any reduction in sentence, such as for good behavior. The list of Ballot Measure 11 offenses currently includes the following:
Murder Attempted Murder Attempted Aggravated Murder
Assault I Manslaughter I Kidnapping I
Assault II Manslaughter II Kidnapping II
Rape I Sodomy I Sexual Penetration I
Rape II Sodomy II Sexual Penetration II
Robbery I Robbery II Sexual Abuse I
Arson I Compelling Prostitution Use of Child in Display of Sex Act
It has been modified by legislation several times:
House Bill 3439, passed June 1995, added Attempted Murder and Attempted Aggravated Murder.
Senate Bill 1049, passed July 1997 and effective October 4, 1997, added Arson I (when a serious physical threat is involved), Compelling Prostitution, and Use of Child in Display of Sex Act; it also allowed for departures from the mandatory minimum sentence for some Assault II, Kidnapping II, and Robbery II convictions, including those already sentenced.
House Bill 2494, passed August 1999, allowed for departures from the mandatory minimum sentence for some Manslaughter II convictions committed on or after October 23, 1999.
House Bill 2379, passed July 2001, allowed for departures from the mandatory minimum sentence for some Rape II, Sodomy II, Sexual Penetration II, and Sexual Abuse I convictions committed on or after January 1, 2002.
F or more details on the current law, see ORS 137.700, 137.707, 137.712.
I’m trying to find info on a meeting of some kind, about measure 11, supposedly taking place the 12th or14 the in Salem. Anyone know anything about this? Thanks
Several of us have formed a group and have making visits to every Representative and Senator at the Oregon Capitol to get their input on reforming Measure 11. We were overwhelmed at the response that something needs to be done for first time offenders. We have drafted a bill and it is now in a Senators hand and will be then go to lawyers to be drafted and then a bill # assigned then on to voting. We know that changes to M11 have been a soar subject but First Time Offenders do not need to fall under this Measure. M11 has turned into a dumping pool for all crimes. Our goal is to get First Time Offenders cases in to the hands of the Judges and not the District Attorney’s. Once the Judge reviews the case if he/she feels it needs to go to the ruling of Measure 11, then it will. We need to put the ruling of First Time Offenders back into the Judges hands. Our group is – Time Does Not Fit The Crime. We have a large meeting scheduled in Pendleton OR on July 25 at 5pm at the Wild Horse Casino in the Cayuse Hall. We need to get it across to Oregonians – We need to educate and incarcerate. Everyone is invited.
Sorry – last sentence…. We need to Educate NOT incarcerate. Not only so offenders need to be educated, but ALL of Oregonians need to be educated on what M11 is doing to our prison population, tax dollars and the families of First Time Offenders. We need everyone’s help in getting the word out of our meeting to help reform M11.
zoraidazzz , you stated that Measure 11 only covers violent crimes; untrue. Some non violent, non forced, sex related offenses are considered Measure 11 crimes. If a thirteen yr old girl takes of her shirt and a tells an 18yr old boy “if you like what you see, you can touch them” and he does; he will be subject to Measure 11. A mandatory sentence of 6 and a half years for touching a breast. The individual circumstances and the social/emotional experience of the boy and girl are not considered or allowed to be told to the jury. So even if it’s the first breast that 18yr old boy ever touched and the 13yr girl told him he could just like she told other boys and men they could; she will be considered a victim and he will be considered a sex offender. Measure 11 can send an 18yr old virgin to prison labeled as a sex offender, where he will be beaten and raped by murderers and rapists repeatedly. If he manages to live through that; he will not come out a better person. He will come out abused and suffering PTSD and most likely turn to drugs or end up committing suicide to escape the memories of what he went through. That’s what Oregon voters need to know! They need to know the truth about who DA’s and judges are using Measure 11 against. They need to know that their son’s, their brother’s, their nephew’s could be the next to have their constitutional rights violated; especially if they can’t afford to hire an attorney!
We to have a son that had a girl friend that he was seeing for several months. They were both 17. They did have intercourse. He broke up with her because she was flirting with other guys. For several weeks after they broke up she would show up at places he would be hanging out trying to get back together with him. One time in public where a large portion of our community gathers or meets he was there amongst lots of people and she showed it and when another girl that he knew came up and gave him a hug and said hi. She began to yell and scream at him in public. Two weeks after that she filed that he had raped her. The date she said he raped her there were witnesses in the house with no noise going on at all and they said they never heard her scream like she said she did. They all went out that same night together to a bonfire to which she drove herself in her own car by herself. They stayed the night and one of the other girls said she came out of the bedroom during the night bragging about a “sexual” favor she had just done for him. There were many witnesses to her behaviour during all of this time and during the date she said it happened. Our son took 3 lie detector tests and passed a mental eval. We had so much evidence and it was like the DA did not look at any of it. The girl had recorded a phone conversation with him 4 days before she filed that he said at one point in the conversation that “he was sorry that he made her feel that way” and the DA said that was considered an admittance of guilt and he would get 25yrs for it. There was no going to court it was all mediation. The judge had no say at all there was no showing the evidence to a jury. Our attorney kept trying to get less than the 111mths that the DA was pushing for in prison and then 111mths probation after he gets out. Every time our attorney would fight and push for less the DA would yell. ” fine the it’s go to court and we will make sure he gets no less than 25 years”. It was the scariest high pressure stressful thing. My son was scared to death and was coerced into signing that he was guilty when he was not. There were no medical proof that she was forced it was not violent and he has never committed a crime before. He got good grades and did lots of sports and because some girl got mad that he broke up with her he is doing time. He was always outgoing and smart and freindly. He has been in jail now for 6 weeks and he has been bear up twice. It’s scary as he’ll to think that he won’t ever be happy again and that’s if he doesn’t get killed while in there. M11 is very miss leading for all who think they know what the voted for. I was one of them. Now we know the truth.
My friend is sitting in a Southern Oregon county jail, charged with an M11 crime (murder) in what was clearly a case of self-defense (and defense of others). He wants me to ask if M11 has ever been challenged on Constitutional grounds, and if so, what is the status or outcome of those challenges. Thank you.
Hi Jeff,
Our good contributor Zoraida_zzz says in about 2000 a group of parents whose loved ones were affected by M/11 actually got it put with more votes than it had been in 1994 when it became a law. It has gone to court and was found to be constitutional. I am sure all the information about what happened is online….look up Oregon Measure 11 or Crime Victims United.
If it is clear that it was self defense, the jury will find him innocent.
Sorry you/he has to go through this, it’s life changing.