Your Story
Many lives and families have been torn apart by mandatory minimum sentences (Oregon measure 11). This section is created for anyone and everyone to tell their story of how this measure has directly affected themselves or their loved ones.
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My brother was wrongly accused of brushing dirt off a girl’s pants and now faces 75 months in prison. This is completely insane!
juvenile, not there when my son was talking to his lawyer every time, and sentence as an adult not as a juvenile, crazing this is. and serving 25 years for not knowing if he had kill a man or not until he was talk to buy police. did not intend to murder someone at all. cause he was on heavly on drugs with 2 other men. and he’s been in for 12 years now. he needs to get out and come home. I feel he will never take some ones life at all again. he’s is not that kind of person.
us mothers do know are children, and we need them back.
take measure 11 off. instead have classes and work for them and school.from a lonely mother that tried to get help from the juvenile system and did not get that help.
My 15 year old developmentally disabled son was coerced by one of his peers into going out and robbing people for money. The peer had told my son,”I did it before at the Rose Quarter and it’s very easy; I’ll show you how to do it.” Before I knew it the police called that they had my son, this peer, and a 12 year old boy in custody. Upon reading the police reports, the victim said he thought it was a joke and did not want to make a statement, however, the police talked him into making a statement and now my son is facing a Measure 11 charge of 7 years in prison. The sad thing is that he doesn’t fully understand the implications of his actions. He has been in juvenile for almost 6 months. All he says to me is ,”Mom, I want to go home.” What am I supposed to tell him? His attorney is not stopping this from happening. In fact, the peer who coerced my son plans to testify against him. What is that? He started all this to begin with. This law definiytely needs to change -especially for children who do not understand because they have mental health issues. They are treating him as if he fully understands what he did. I am looking for help from other parents who have developmentally disabled or children with mental health issues affected by this law. It’s wrong because it does not fit all kids and I am sure the judges know it and the juvenile authorities know this too, because they see it doesn’t fit kids like my son.I am asking for help from other parents. VickyG63@comcast.net
Glad to find this web sight here. For us measure 11 has destroyed the whole families life. Ane the tax payers are paying for this court measure 11 manditory crime. My friend who is now in his 20′s. He is disables with Muscular Dystrophy and his life span is to about 30 years in a wheelchair full tims and then after that death at any time depending on what the desease brings him, was attacted in an intersection while he was driving by a drug dealer. He drove off and never looked back, but the drug dealer had jumped at his car from the front hood and fell off when the car drove off. On lookers called the police. Later that day he was sighted and put in jail for assalt and failure to report someone coming in contact with his vehicle. He was tried under measure 11 law, which forced him to plea bargain on failure to preform driver duties. This was a mandatory 13 month prison sentence. He served it like a man. They had him in a medium security prison for a minimum crime, and told his family it was due to the fact that the minimun security prisons in Oregon dont have medical units. Isnt that discrimination? He could have fallen at any time in prison and broken his back or died. ( for failure to preforn duties of a driver). Guess the state is giving death sentences for these crimes now. Then he gets out and is home for 6 months. He was offered a program in the courts where if he went to the court each week and followed all the meetings and court ordered things they gave him to do, then his record would be whiped clean. Problem is, they had his going to 8 different court ordered meetings per week, which no drivers liscense to get there, and unable to walk to bus stops because of the MD. However, the bigger problem was , he was caught driving on the revoked liscence at this time. He was again sentenced to a measure 11 manditory 18 months in prison. This would never happen in another state with no measure 11 law. Yes, he once again served in a midium securuty prison. Shame on Oregon . Shame . This young man has pain every day and endures other making fun and loosing ability each day more and more. Can nobody see the picture here? Shame… I see others who have drug problems and even steal each day to buy them. They are in and out of our county jail all year long for year after year. And here is a young man who yes, has had his problems as well, and are you going to tell me that no DA , no any body can see that this is a sin and a crime in its self to give these unjust punishments? Measure 11 is not only hurting the offenders but whole comunity? taxpayers are paying out the nose for this. shame on a state that can retionalize this teatment and let it happen. sick… sick…. sick
When you say that it is a crime in itself to give these unjust punishments, I definitely agree with you!
Measure 11 was originally passed by voter in 1998. It took effect the next year. Among the list were the obvious crimes: murder, rape, aggravated assault, and
If there is someone who you’re trying to communicate with and due to all the others, you’re having a difficult time hearing, would you pull the person aside to say what you were trying before? Hopefully not. Under this law, which the state can’t fully fund as is, you could be charged and found guilty of second degree kidknapping. I ask is this serious. Unfortunately. What’s worse is the fact that thse offenders are not given the opportunity to do some corrections work or treatment during their sentences. And why not? Is the state secretely using it’s third strike law against them, knowing that it chose not to offer any form of treatment?
Even worse: there is a ballot initiative on the Nov. 4th, 2008 ballot creating mandatory minimums for first time drug and property offenders. That’ll just be another the police can hassle potheads with less than an ounce. Hassle with tweakers, if you must. And heroin. Is that because it requires less (if any) investigation? I think so. SO IN NOVEMBER, PLEASE VOTE NO ON MEASURE 61. It would be a lot less detrimental to vote yes or to be unsure of Measure 57.
My best friend is serving 70 months in prison because of measure 11. He was at the scene of a guy being beat up. He did not beat him up, someone else did. The person who did the beating did not arrive with my friend and my friend did not know the person who beat the other guy up. My friend never tried to hurt anyone and has always been very nonconfrontational. He is not a violent person at all. He did jump out of his truck and pulled the guy who was doing the beating off the guy who was being beaten. For this the guy who actually beat up the other guy got 36months, while my friend got 70 months. It makes no sense to me at all. The reason why the other guy got 36 months, he took the plea bargain and then testified against my friend. My friend would not take the plea bargain(48months)because he knew that he had done nothing wrong and was sure that in court he would find justice. What he found was a public defender that did not defend him at all. She did not even introduce several pieces of evidence into court. She did nothing. He is innocent and yet he sits in prison waiting. It is so wrong what has happened to him. I could go on and on with the different ways he got rolled by the system. He is a very gentle and kind person. I hope this whole thing does not change that. I am scared for him every day. I am scared for his four children that have lost the best father a kid could ever hope to have. He didn’t try to hurt anyone, he tried to keep someone from being beat up. This is what he gets for it.
My son is serving 70 months on a Measure 11. He is mentally challenged as I stated in a previous post. A few weeks ago I went to visit him and he had 2 black eyes and scratches all over his throat. He is mentally & emotionally at the age of a 9 to 10 yr old. And what do the courts do? They put him in with kids his chronological age (16) and he gets beat up! I warned the judge & DA this would happen but they don’t care at all! They are committing child abuse–knowingly & willfully — and they put the name MEASURE 11 on it. So for the next 5 yrs and 10 months my developmentally disabled child will be subject to bullying and abuse. They send him away for 70 months and guess what he will be when he comes out? Since he is so easily influenced by everyone around him society will have a kid who learns how to rob, steal, kill, etc. This is messed up. You people of OREGON –SOMETHING MUST BE DONE. Our vulnerable childen and citizens are being abused by the same system we are supposed to trust.The judges and DA don’t care because its not their kid. If they ever had to go through anything like this, they would change the law. But why won’t they change it for us?
There is too much money and too many jobs that measure 11 brings to Oregon for them to even care. Have you written our congressmen? I have. I hope all of you will.
I know that the public school recieve more than double the amount of state funding for each student they have who is disabled or on an IEP. I wonder if the jails and prisons also recieve more funding for these folks? does anybody here know?
Kiah- This could be true, since they are now trying to commercialize and privatize prison systems. If you look further into it, you may find it to be true.
My son who joined the Air Force once out of High School. Who scrabled for this country on 911 and deployed for this country 90 days before the war. Severed 9 months, then returned to Bagdad for anoterh 9 months. Now is doing 36 months for the state of Oregon. Because his roomate used Measure 11 against him, because he was unable to purchase a house under his VA loan. The DA office of Multnomah County and the women pressing the Charges felt it was better to send him to prison without treatment and cut him off from his federal rights to get help. This is unfair to him having to deal with PTSD in priosn and all on his own. This law will place more and more of our heros in prison all on one person word.
I really feel for you Traci. This is what I am talking about–Measure 11 does not taske into account the circumstances -such as mental health issues and disabilities. It is torture-human torture. The person going to prison suffers way more than anyone- ESPECIALLY KEVIN MANNIX will ever know. His laws have screwed Oregonians over really bad. aPEOPLE OF OREGON- please, I beg of you, to learn from the past and VOTE NO on Measure 61. Kevin Mannix’s laws are comparable to torture and child abuse. The WHOLE FAMILY suffers but the vulnerable population that serves these sentences suffer so much more. I can’t imagine anyone feeling any more pain than what Measure 11 has caused, but if Measure 61 is voted in, it’s going to get worse. This guy is off his rocker. As I previously stated, anyone who would write a law that puts a developmentally disabled & emotionally challenged child in prison for so many years is a child abuser-and if he is a child abuser then where will this guy stop? He won’t unless the citizens stop him.
I was talking to a friend and he told me of this person he knew, a black male, who had borrowed the jacket of another person, also a black male. It sems the real owner of the jacket had previously been involved in a robbery. The person who was robbed was able to identify the suspect by his jacket and his skin color. The man who had borrowed the jacket went to prison on Measure 11 charges for Robbery. The system did not take into account the man’s circumstances -the man who was wrongly accused and charged with Measure 11 Robbery–because he had borrowed someone’s jacket because it was a cold, rainy night. This is where Measure 11 is screwed up- they don’t look into the circumstances and situation or conditions surrounding the incidence of what really occurred. The judge at my son’s hearing made sure that I cannot try to get a second look at my son’s case (posted in a previous post- post # 3). My son is now doing time at Maclaren for 5 yrs & 10 months. This law is messed up and I am going to look at every angle I can to prove that they messed up when they put my son in prison. My son also needs treatment. He has a history of mental health treatment going back to since he was 6 yrs old.Now he won’t get what he needs and the victim-who thought the crime was a joke in the first place, has turned his story into an exaggerrated drama. He did not want to have my son arrested at first but at the sntencing he changed his tune because he was there in the court room and he did not stand up and say anything- he just watched as my son was sentenced to over 5 yrs in prison. I wonder what happened for him to go from thinking it was a joke to making statements and exaggerating the story of what happened that day. I often wonder if the police coerced him because it says in the police reports that the police went to his house to get a statement from him and he did not want to give one. He is quoted as saying (in the police reports) : ” I don’t want anyone to get in trouble.” What happened? Why did he change like that? It’s messed up. He did not get hurt or injured in what happened that day – my son is a victim because he is the one that will suffer for the next 5 years. He may be 16 yrs old chronologically, but not mentally. It hurts when he asks me, “Mom when can I come home?” What do I tell him? He already has PTSD and other developmental issues. Now he has to sit in prison and suffer, while a grown man who didn’t get hurt or harmed or even touched by my son couldn’t stand up and say in court what he told the police about thinking it was a joke and how he didn’t even want to make a statement to begin with. I was disgusted with this man when I saw him show up at the snetencing because to me , it’s like he’s laughing in my child’s face, and making something into something it wasn’t. Measure 11 really sucks and hopefully (but doubtfully) someday, Kevin Mannix will have a taste of his own medicine.This abuse of power has to stop somewhere.
I Have seen it happen all of my life, ” what goes around comes around” God will see to it that these people in charge of these poor choices for our diabled young men find out and feel the recoarse of what they have done. They will experience it first hand in some form, have no fear. Or if your not religious than carma will come to them. But the sad thing is, it wont help our loves ones a bit. They will have already served a life sentece because of their situations, and they will already be damaged for life. They will maybe never see their way out of the system because of the petty pressures put onto them by some probation officers. It is a sad , sad. situation. It is wrong. and yes, it is abuse. Please keep writing our congresmen and polititions. Write to the advocacy center for disabled and human rights as well. That about all that we can do. Oprha may be interested in a story from a batch of folks who are affected by measure 11 as well. Does anyone here have a way to contact her? Barbara Roberts is another good one to contact. She may have a phone number if you google her.
Thank you for the info. I have written congressmen, politicians, everyone I can think of and will continue to do so.I hope others do the same. We need all the help we can get to stop the abuse.
Anyone here who would be willing to share thier stories, concerns or what ever with me please email me. I am getting ready to publish a book soon and would love to add other stories to my families in reguards to measure 11 in it. My publishers can send you permission forms and a query on the book to show you what the book is about. I to am willing to share anything you might want to know about my book efforts. Feel free to email me with any questions or if you might be so inclined to let me use your stories. thanks ahead!
My son had no choice except to plea bargain because otherwise he’d be spending over 13 yrs in prison–starting at the age of 15 yrs old. He would have received a 7yr & 6month sentence and then the 5 yrs & 10 months. 5yrs & 10 months is not what i’d call a bargain. I am going to find a way to get his story out into public awareness because this has got to stop somewhere.
Last weekend when visiting my son, I found him in a place called CIU. It’s like solitary-for kids. They said he had some derogatory behaviors. This is due to his disabilities and mental health. Keeping him in prison is just aggravating the situation. He is NOT receiving any help whatsoever. Just this tx he won’t learn anything from except to be an angry person.
Well, Thanksgiving Day without my son.He did call me from prison to wish me a Happy Thanksgiving. I put his picture on the table for Thanksgiving dinner and me, his sister,and his 2 &1/2 year old nephew said prayers for him. He doesn’t understand why he can’t be with his family for the holidays but I have to keep encouraging him to help keep his spirits up. This is what Measure 11 does to familes- it tears them up. The child in prison suffers and the family without the child suffers too. Are they ever going to change this law so the suffering stops?
Vickie, My heart goes out to you and your son. It is the tax payers that are not only paying for your sons and many others prison time. And it is the tax payers who will need to be reached in order for this to stop. My son serves two prison sentences for a very minimal crime here in oregon. He still fights to get out of the system. He has been lodged on a PV twice for rediculous things. 10:00 curew violation is just one of the things. He too has learning disablities that are brought on by his terminal illness that is crippling him. I fear that unless these are an everyday eyeopener in the news paper each day, folks wont give it a thaught. You can not do this alone, I can not due this alone, no one can. How ever if there were an article ran each week in a large Oregon newspaper, the public will not realize where their tax dollars are really going. Also parole after prison is set up in such a way that they can not get out of the system if they are disabled in any way, and many who are no and are healthy can not get out either. The Parolee’s pay $$$$ each month to the probabtion office on top of it all. If they dont pay it, they go to jail and the state pays the county jail for the bed that they sleep in and the gross meals that they eat. WAKE UP ! PEOPLE! the money is being taken from our under funded schools to pay for this. JUST LOOK ON THIS FORUM. THERE ARE VERY FEW OF US WHO ARE SPEAKING OUT. This tells the story well, that this mess will not be changed in out lifetime if ever. I for one would be willing to pay part of a daily or weekly article to go into the paper to open peoples eyes. Also the media loves these kinds of stories. Why are we not out there making noise every day? It is scarey by ourselves, ( and retaliation is real for prisoners in oregon) but if we join as a loud and pointed team, then maybe folks will listen. I was told that the many lawsuits that were lost on prisoners cases are all public knowlege and 18 lines of each story are public domain and can be reprinted. So, there… weve got many eyeopeners to print in the paper right there. Come on people, we put more effort into animals rights then we do human rights.
“Many hands make light work”
Washington County DA Jeff Lesowski. Piece of work. EXTREMELY DANGEROUS for Oregonians. Seriously lacking in judgment. Has no business being in such an authoritative position. Vindictive – probably has issues from his own childhood and could himself use a psychological evaluation and serious therapy although he may be clinical. Should he ever try running for a judges’ seat, Oregonians CANNOT EVER let that happen.
I’m locked up in a youth correctional facility for self defense in which the state of Oregon committed as an assault 2. I’m only serving 24 months and 5 years mandatory post prison, but for only being 17 at the time, and living on the streets of Medford Oregon sleeping under bridges, I feel that I got screwed out of a life with my 1 year old baby and time to fix my life on my own. Now Being in county jail at 17, and now (18) going to Chemeketa Community College online, I’m writing a proposal to abolish measures like 11.
Our state is closing down correctional facilities in the O.Y.A because they don’t have the money to keep up with the ever increasing population in the prison system. I feel that if the measures like 11 where abolished that our state would have the money to help the youth of the next generation who make a mistake and can get the treatment to help them change there lives. We can’t do that with an overfull youth and prison population, and the state having to release people because they don’t have the space and money to support all of the in Oregon. For example the state of Oregon is closing down Burns, a 50 bed unit in both Hillcrest (intake for O.Y.A), and McLerian, and removing treatment groups in the O.Y.A. The groups there lacking for reasons like; no money to hire treatment providers % Offender treatment), no money to pay staff overtime for holding group (Anger Replacement Training, Pathways Ext.). No money to hire staff to cover the units so staffs that do group can get it done.
22. i just experienced DA Lesowski who inflamed the jury beyond the evidence during trial and closing and got a responsible, well intended, non-violent, intelligent college student who is no menace to society whatsoever 8+ years in jail under Measure 11 for a crime he did not commit. thoughts?
Welcome to a nightmare. It is a nightmare that many Oregon families live everyday. This nightmare tears apart families, destroys almost any hope of recovery, and is entirely unforgiving. The nightmare that I refer to is one of self inflection. It is self inflection first by mistake, but impounded by ignorance.
I don’t believe that there is one reader that would not acknowledge that everyone makes mistakes. We have all made mistakes. We have all sat at the intersection, looked both ways, and proceeded to pull into an intersection only to realize that we were pulling into traffic that we did not see. We have all made poor financial decisions, we have all blamed someone for something that they did not do, we have all hurt someone accidentally by something that we said, and we have all hoped for forgiveness for our one mistake. I also believe that every reader understands the concept of forgiveness. Mistakes happen, and often times these mistakes can be forgiven and corrected.
Imagine now, a world where first time mistakes were not forgiven. Imagine that every mistake made in life carried an opposite and unequal reaction. If an infant were to place something into his or her mouth should we cut out his or her tongue? We all have cringed after hearing about laws in other countries. We hear stories from other countries that wives are killed for adultery or that thieves have their hand removed. In the history of our own country, we cannot believe that we ever tortured people until they admitted that they were witches or enslaved groups of people because we felt that they were inferior.
Is it possible that we are still ignorant enough to pass laws where the punishment does not fit the crime? Could we have not learned anything from history and still create injustice from justice. The nightmare that the families live in Oregon is just that. In the name of Justice, the voters of Oregon were convinced to vote for a law that they were told would make them safer. They were told that they could vote for a law that would take habitual criminals off of the street before they could hurt them, and the voters of Oregon believe them. In the name of justice, the voters of Oregon trusted law makers and voted for Measure 11 November, 1994.
The voters of Oregon were told that this law would stop repeat offenders from committing violent crimes. Oregon voters responded to fear tactics and decided that they would not get mugged, raped, murdered, or assaulted if they voted for this law. Measure 11 assured that violent offenders would be sentenced to minimum sentences with no possibility of early release. They were persuaded using fear tactics. Who would not want to send a violent criminal to prison for a minimum of 5 years 10 months? Of course, people think of getting held up at an ATM machine by a gang of thugs who are carrying guns, bats, and crowbars and being beaten and left for dead along the road. Maybe voters thought about their 10 year old daughter being raped by some pedophile. What ever the case, we think that these criminals should be locked up and throw away the keys, right?
Maybe this was all put in place by well minded people. Maybe they really did think they were making the world a better place. I am sure that the Oregon voters that voted for the law felt that way, but what if they had been shown the other side of the coin? What if they realized that they were voting for a law that could sentence their child or grandchild to more than 5 years in prison without the possibility of early release because of a sports fight? What if their own innocent child made one mistake and was placed into the system with all the rapists, murderers, and pedophiles? Is it possible that this law could be that unforgiving? The answer to that question is a resounding yes!
What Oregon voters were not aware of was that they were voting for a law that left judges no room for common sense. A judge could not look at the crime and determine that it was a first time mistake and the offender could most likely be reprimanded in a way that would teach him/her the lesson that needed to be taught. The judge has no room to say that a fight on the football field was a first offence committed by someone that had not matured enough to understand control over his actions in extremely volatile situations. If this situation happened and the offender was found guilty the judge would have no recourse but to sentence the individual to the full sentence.
Although I do not live in Oregon, I do hold in a stake in this holding. Even though I do not live in Oregon, my wife is a native of Oregon. About five years ago, my wife and my stepson were telling me about this law. As they explained it, they referred to it by name and explained that if two young men got into a fight and one were injured during the event then the other could be charged and sent to prison from 5 years 10 months to 7 years 6 months without the possibility of early release. I remember thinking that there is no place in the world that could violate someone’s civil liberties like that. I know that I told my wife and stepson that just could not be possible in this country. I was sure that they misunderstood and figured that it was just like the local junkyard dog that the stories kept growing until the poodle became Bigfoot.
Many months after this conversation took place my wife and I were debating about allowing my stepson to go visit his father. I know that seems like a selfish or ignorant statement, but we did not have much trust in his father. There was a history with my stepson’s father and drugs that scared my wife and I. The problem was that my stepson was soon going to turn 18. As an adult, he would have the right to visit anyone he wanted. To compound this issue was the fact that we all believed that my stepson’s father had been diagnosed with colon cancer and the outlook was not good. We talked with his father and honestly believed that the cancer had straightened him out. At the age that my stepson was at and the way that we wanted to raise him, we felt it best to show trust in his young adult judgment and allow him to go visit. I guess that I can say that is when I quit trusting my own judgment and our nightmare began.
My stepson packed very little. We had all the contact numbers that we believed that we would need, and we made contact with everyone that we could to assure that everything was okay. I can honestly say that nothing alarming happened for the month that led up to his trip. We took my stepson to the airport with his luggage and round trip plane ticket and had our goodbyes. I remember that he reminded me of things to take care of for him while he was gone. My stepson seemed cheerful as he departed into the terminal, but I glimpsed a small look of worry upon my wife’s beautiful face. The one thing that hurts me most today is remembering how I placed my arm around her and said that “everything would be okay”.
Everything was not okay. Everything did not go wrong right away, but I know now that I made the worst mistake in my life. When my stepson first arrived in Oregon, he called like the responsible young man that he is. For the next two weeks he kept in constant contact. During the conversations, he assured us that his dad was not doing drugs, but he was not in good health. We called often and were able to get a hold of him almost every time we tried. He called us on October 15, 2005, his birthday, and said that he was doing fine and was happy that he turned 18 that day. We had a great conversation with him and wished him a happy birthday. We explained that we were excited to see him and celebrate his birth day on November 1, the day he was to return.
After October 15, my stepson fell off of the face of the earth. We did not hear from him the next day, and when we tried to call him at the house where he had been staying, we began to hear stories. Immediately we became concerned, but we were also shocked. We had been convinced that everything was going great and we would be seeing him soon. The stories we were hearing were that my stepson’s father was not off of the drugs as had been reported. Instead, while my stepson was trying to get his father to clean up and straighten up, his father had influenced him. My wife and I did not want to believe that. We had heard about the drugs that my stepson’s father had been using and we were told that they were very addictive. It was not that we did not believe that a son could not be influenced by his father to do something stupid, but we did not want to believe that it happened to our boy.
For days on end, we would call to try to find where he was staying. We followed one lead after another, and my wife contacted her friends in the area to look for him. We called the police on numerous occasions. We explained what our situation was to the police several times and asked if we could file a missing persons report, or if they could help us get him off the street and away from his father before things got out of hand. The police responded to us by saying that an 18 year old could go missing if he chose to, and he could even be involved in drugs unless he got caught. When we asked the police if there was any way that we could get their help to stop this situation before our son got into more serious trouble or got hurt, the police said that they were too busy to help prevent a crime, but would respond if he broke the law.
My stepson did call. Just now and again, we would get a call from him and he would ask for money and help. Although we were worried, we knew that we should not send him money if there was any possibility that he was tied up in addictive drugs. We offered to buy him a new plane ticket, to have someone come pick him up, or even to reserve and pay for a hotel room for him to go check in to, but he was not the same and he would explain to us that he was in need of help, but he would hang up soon after. This would happen now and again, and my wife and I were stuck. We did not know where to even start to look for him, everyone that we had looking for him would not locate him, and we could get no assistance from the police. At the time, our worry was not that he would be picked up by the police, but weather or not he was even alive. We actually hoped that he would get caught with drugs and placed in jail where we would know that he was alive.
Our wish was granted when we called the Multnomah County Jail to see if there was any possibility that he may have been picked up and taken into custody. Somehow, we were actually shocked when my wife asked if they had him in custody and the response was yes. He had been picked up for possession of drugs. My wife quickly explained what we had been going through and said that we would fly up and receive him from their custody so that we could place him in a rehabilitation center in Oklahoma. The jail informed my wife that he was scheduled to be in jail until his court hearing, but they could not guarantee that he would not be cycled out of the system in order to make room for more serious offenders. There was nothing that we could do that evening because it was late so we woke up the next morning to make plans. My wife called the jail again only to learn that he had been released at 3:00 A.M. to make room in the jail. My wife asked the jail clerk if they had any information about where he might have gone. The jail clerk gave us an address. We checked the address only to learn that he was not there and they had never heard of him.
Once again, we went into search mode, but we knew that we could only depend on the police if our son broke the law again. This went on for a couple of months. We would get the occasional call from our son, but he would only say that he was in trouble and needed help, and we would refuse money because we knew that it would probably be used on drugs. We knew that we only had a short time in the prevention mode, but we also knew that we needed to find him. Our son was in hiding from us and the police because he was involved in addictive drugs, and we could not help him because he needed to want to help himself and we had to find him in order to have any influence on him whatsoever.
We never got the chance to help him in any positive way. Our son was picked up for robbery and placed in jail to await trial. He and another young man entered a public bus and tried to sell drugs to two other young men. After giving the two young men the drugs that they wanted, they informed our son and his accomplice that they did not have any money to pay. Our son and his accomplice told the other two young men that they would pay for the drugs and the young men responded by giving a CD player and a beanie cap. Our son and his accomplice left the bus and the other two young men reported to the police that they were held up at gun point.
When our son and his accomplice caught wind that they were wanted for robbery, they split up and went into hiding. The young man that was with our son was picked up the same night with the CD player and the beanie cap in his possession. The police found our son’s coat but were not able to find him for two months and twenty-two days. No gun was ever found, and the young man with our son gave up the name of our son in a deal to reduce his time.
Our son was given a state appointed attorney and he planned on fighting the charges by saying that it was not him. When he realized that that was not going to work, he decided to try to make a deal. He thought he would get in more trouble by saying that he was dealing drugs so he started making a deal figuring that they would get him for theft of some small dollar items in a public place. No gun was involved as the two young men had claimed and even though the bus system had it on camera, there was no evidence of any weapon at all.
The District Attorney did not care what evidence was available. District Attorneys make their name by being tough on crime. The way that this District Attorney, John Copek, did his job was to threaten our son into submission. Of course, we are all proud to live in a free country that gives us rights and protections against wrongful prosecution. This fact makes us feel safe and makes us believe that only the guilty go to jail or prison. Our son had just turned 18 years old, we did not have the $25,000 that attorneys said it would take to fight measure 11, and he was assigned an inexperienced public attorney who was not making any money off of the case so she was definitely not going to spend the money a paid attorney would to hire a private investigator. John Copek told our son that he was going to prosecute for Robbery I, but he would accept a plea for Robbery II. Copek was not going to accept a non-measure 11 for this offence, and Copek, the Public Defender, and the Judge all told our son that he would be given the maximum sentence if he fought and lost the case. In fear of receiving a longer sentence, our son conceded and pleaded guilty to Robbery II.
Don’t get me wrong. My wife and I are against theft, robbery, and crime in general. I do not want to have my things stolen, but I don’t think that I should be able to falsely accuse someone of theft because I have some problem with them and have that person sentenced to prison. Many people may read this and say “I am sure that they had enough evidence against your son to prove that he was a violent criminal”, but that just was not the case. The drug deal that took place on the bus was filmed by security camera. On that film, two young men sat across from two other young men for a few minutes. After a few minutes passed, two of the young men got up and walked off the bus. There were other people on the bus and none reacted to anything that happened. When the “victims” reported the crime, there were no other witnesses. The “victims” said that their “assailants” had a gun under a bandana and that they could tell by the tip sticking out that it was a hand gun. I would like to point out that my son’s coat was found, all the stolen items were recovered when my son’s accomplice was caught, the area was searched and investigated, and no gun or bandana matching the description was ever found. My son’s accomplice did not get rid of any of the stolen evidence so why would he have gotten rid of a gun and bandana. My son got rid of his jacket when he learned that the police were looking for him and left his gloves in the pocket, but no gun or bandana was ever found. A reward was placed for information leading to the arrest of my son, but when the police received information on his whereabouts, no gun was ever mentioned. The obvious conclusion is that there was no gun, and no bandana. The security camera showed no display of violence and no witnesses came forward from the bus to collaborate any reports of violence. With no evidence of violence, threat, or a weapon, John Copek demanded a plea to a minimum of Robbery II so that Measure 11 violent crimes law would assure a maximum sentence with no possibility of early release. All of this based was on word versus word.
Based on this type of Justice, I can claim that I was threatened by every person that I do not like and have them face a choice of paying $25,000 to defend themselves unless they want to plead guilty to a lesser charge that until places them in prison for a minimum sentence. Are we all having visions of the Midnight Train and Turkish prisons?
I miss my son. It hurts deeply into my soul. He is being charged as Robbery I in 7 years in prison. This is his first theft. He stole shoes at FredMeyer’s in Salem and the pliers he used to cut the security tape off is considered a weapon. My son needs to be home with me. I wish there was some other kind of punishment rather than prison. He is going to come out corrupt. Please some one out there please help!
There once WAS a 17 year old boy who had a 14 year old girl friend. They had been boyfriend/girlfriend for almost a year. One day the cops were at the boys house inquiring about something unrelated. Someone mentioned the word abortion. The cops asked “who” had the abortion. upon finding out it was the 14 year old girl they asked the two kids how many times they have had sex together. Both parents of both kids were right there during questioning and told the two kids to tell the truth. They admitted to having sex 3 times. They grabbed the 17 year old boy and charged him with 3 counts of second degree rape and wanted to lock him away for about 18 years. He settled for a sick and disgusting plea bargain and is now serving 5 years. 5 years in prison for doing what kids have been doing for thousands of years. He will now go through life labeled as a predatory sex offender with lifetime parole and registration. I hope to see those who did this tried for treason and crimes against humanity when the time comes. this was in Springfield, Oregon. I now view Oregon as a Nazi prison state. This is just ONE set of family lives that has been destroyed by Oregons cruel mandatory sentencing laws. But that is ok. They are creating the army that will destroy them soon enough. Just thinking about this brings me to rage. Those responsible for mandatory sentencing laws better pray that this government holds together long enough to protect them from people like me and many others I know. They have no idea of the anger and rage they have created against themselves for what they have done but hopefully one day they will.
I am now a greiving mother getting ready for what Oregon will throw at my son due to measure 11. A hard working, kind, young man who went out with a girl who lied to him about her age. He has never been in any trouble before and shows the utmost respect for people. Now he faces up to 25 years in prison for “doing what kids do.” He has lost his carrier as a teacher and any other future plans. Is it worth losing his life over? I don’t think so. I am just learning the trouble and pain this measure has caused many families. I wonder, are all the young fathers of 15 and 16 year old girls’ babies now in prison? My son didn’t get anyone pregnant, but this all makes me think about this. So, not only are they facing mass prison time and loss of their lives, who is supporting these babies? Oh yeah, the state of Oregon welfare system. I am learning that the sex offender label is being so frivolously applied to so many people, I fear that shortly 30 – 40% of the state’s population will be labeled sex offendors and locked up. What is a judge in Oregon anyway? Doesn’t sound like they can do much but sit on a bench and throw young people in prison for many, many years because of one lapse in judgement. I wouldn’t be proud of my experience and education if I were a judge in Oregon. It appears you don’t use any of it anymore.
Imagine.. you are a young boy of 17. A junior in high school.
Now imagine.. a blended family. 6 children total.. 5 girls.. and you.. the only boy. 2 of the girls are your real sisters.. 3 girls are step sisters.
Now also imagine that at age 13.. your mother dies from cervical cancer and you along with your younger sister.. who live out of state.. now go and live with your Dad.. his wife, your older sister and 3 girls you don’t even know… in Oregon.
Now let your mind wander and see your youngest step sister get called to the principal’s office for fighting with another girl.. and in the middle of her conference with the principal.. she informs them that you have been having sex with her. Now.. even though you know that 5 months earlier.. the police were called to her school because another girl overheard her talking about having sex with her cousin… but today.. she is saying it is you!
Since you know that it is not true.. What can you say?
Now imagine that two years earlier.. this same step sister had testified to the same DA and had her Uncle put away in prison for 12 years for touching her.
Now.. just think about this… Your step mother.. and your step sister.. now go meet secretly and tell a jury that you had sex with her… she says.. 3 times.
Now.. imagine that the police show up at your door.. and arrest you on 3 counts of rape.. and 4 counts of sexual abuse.
Now see yourself at your bail hearing and learn that the judge has set the bail at $1,000,000.00. 1 millions dollars you say? YES.
Now picture yourself sitting in the Washington County jail for over a year while you wait for your trial.
See how the last time you went to school you were a junior.. and you never even got to finish your junior year or senior year… because you were sitting in jail… waiting for your trial to begin. See how you have never got to drive a car.
Now see yourself at your trial. The DA offers you a deal. 5 Years in prison if you say you did it. Remember what you said to your dad? “Why should I go to prison for something I didn’t do?” Remember how you declined their offer?
Now.. imagine that the DNA evidence is presented.. and it takes two days to present. Oh yes.. there was no DNA found. But imagine that the DA still took two whole days to have all these people come in and testify as to what is DNA and how it is collected… and then you find out.. there really is no DNA evidence.. but the DA leads everyone to believe that if they had more money.. many additional tests could have been performed and they would have found just what they were looking for.
Now.. imagine that your step sister gets on the stand and now tells the jury that in not only happened 3 times.. but in her estimation.. about 40 times. But.. imagine that she can not say when it happened.. or what she was wearing. She can not even say when it last happened. Just that it did.
Also imagine that the Dr who examined your step sister say that the hymen is still intact.. but because of your step sister going through puberty.. her estrogen levels are very high making the hymen “pliable” and so it can “stretch” itself.
Now.. imagine you getting on the stand.. and what are you going to say? You are only going to say what happened.. right? And imagine you telling the jury that you NEVER had sexual intercourse with your step sister.
Now.. picture the jury coming back with a verdict of Guilty. Guilty of 2 counts of Rape.. and 2 counts of Sexual Abuse.
Now.. picture yourself at your sentencing hearing.. and the Judge tells you.. 12 years. NO PAROLE.. NO TIME OFF FOR GOOD BEHAVIOR.
Now.. see yourself LOCKED UP behind bars, and razor wire, and guards for the next 12 years of your life. You will not get out of prison until you are 30 years old.
Imagine that happening to you. OH NO.. it isn’t your imagination. IT IS REAL! Welcome to your REAL life!
Enter the REAL life of my son!
My daughter was given a sentence of 14 years 10 m0nths on measure 11. This was a first offence, she was drunk, with her husband and they robbed a bank. Stupied? yes. But the sentencing is out rages. She received 70 month for each teller in the bank. She had no weapon. Her husband who is 50 years old got 35 year sentence, life? he also had no criminal history. COME ON PEOPLE, where is the justice here? Thier 5 children were put into the system,what a nightmare that has been. Five years have passed, how many millions of dollars have been spent on them and thier children? is society better off? A girl in prison with my daughter killed her infant baby and received a 10 year sentence. What is wrong with this picture ?
Not all prisons ahve bars ready for preorder!
http://www.pdbookstore.com/comfiles/pages/RBCJ.shtml
I miss my son deeply. It hurts through my whole being. He has been incarcerated on a Measure 11 charge for 14 months now. I wrote to the Governor. I continue to do what I can to help these juveniles-especially the vulnerable population with mental health or develpmental issues. The sttae of Oregon turns on the children they try to protect. They will remove a child from a home where there is drug abuse or any abuse, but they turn around and abuse the children by putting them in prison when they need help. To me-this is abuse by the state of Oregon. The DHS workers are mandated to report child abuse but then who do we report the state of Oregon’s child abuse to? This law needs to change. I am still here- just misssing my son very much. It’s heartbreaking and destroys people emotionally.
I agree with you Kiah. More people need to post – we all need to help each other. Sorry I haven’t been on for awhile. It took me almost a year to try to get my life somewhat together.There is a big empty hole where my son is concerned. I visit him every week but 5 yrs and 10 mos is crazy! Sam- my son- was my reason for going to school and trying to make a better life for us.Now Sam is gone and I dropped out of school for awhile because I couldn’t deal with the pain of it and concentrate on school work. Now I am back at school getting ready to graduate next month. I am trying to get in touch with the organizations for kids with disabilities and mental health issues so I can advocate for kids like my son Sam. I won’t stop until something is done about this. It’s wrong. Don’t the people of Oregon see it as child abuse when a kid with developmental disabilities is hit by a Measue 11 or am I the only one? WE NEED HELP. MEASURE 11 NEEDS TO BE CHANGED OR ABOLISHED!
My husband is serving a 5 year 10 month sentence no thanks to Measure 11 itself, for an assault that he did do and is owning up to his mistakes. He was 20 at the time of the crime and will be almost 27 by the time he gets released. We met after the crime, before the incarceration, and had our wedding within the prison walls just last month. The entire justice system is a run-around and my heart goes out to all of you that also have loved ones in for one reason or another.
Measure 11 is not justice, it’s not fair, nor do I feel that it is helping our communities. Some yes, most no. As I’ve read many have gotten wrongly accused and in my case yes was rightfully accused yet he’s been doing very very well. Taking classes, staying out of trouble, got moved from maximum to minimum security location, but still no chance of early release….. all the while I hear of sex offenders and such with 25+years sentences who get out once they appeal after 6 years. How is that helping us? our kids? the future?
All we can do at this point, is stay positive and fight for those who need our support. The economy is crap and hopefully the government will soon take a second glance at what they’ve done and let our loves come home to make room for those who are true criminals with worse records. I have faith in all the inmates because some wont change their minds or their actions but many will if they have people out in the world believing in them. How can they succeed and live a better life if it’s harder to find a job, a place to live, volunteer at your childrens school, and so on and so forth, by having a felony on your record??
Stay positive and be strong, at some point this will be over for all of us and we’ll have our friends, family, husbands, wives, fathers, sons, brothers home and we can make a difference!!!
My son is 19 years old. He went to a party where a predatory female
set her sights on him. They were making out all evening as witnessed
by several other people there. A noise complaint was made by a neighbor and when officers arrived they caught our little lovebirds in the backyard in stages of undress. Our young lady had recently completed a stint in rehab so when she had the flashlight shined on her–she made the choice to become hysterical in order to detract from herself. She told the officers she wanted to go home but they convinced her that my son’s advances were unwarranted even though several partygoers were waiting in the wings to speak to them about what was really going on.After that, she was wrapped in the victim’s assistance blanket and these folks offered her alot of fine anxiety meds, money so she could quit her job and enough of that so she could get a new car and a place to live. How is a girl to turn down such an offer? My son’s suffering has provided her with so many creature comforts and she could never tell the truth–she would have no incentive to. And the stories and pictures about her just keep coming-she goes to partys-she has not quit drinking at all and does not intend to find a job anytime soon. Her Mom had all kind of things to say about her damaged personna however pictures speak a thousand words and she looks none the worse for wear than she ever did. She is back out up to her old “tricks”. Meanwhile-along comes the court date–there was not enough room in the courtroom for all of his supporters. Her?–Mom and a forced witness on her side who did not testify to seeing anything however had full knowledge they were “hooking up” that night. We could not take the chance of 30 years so we allowed the judge to decide. Long story short as everyone who has ever written their story here knows-if you can’t say anything bad about her or anything good about him-what do you think happened? That’s right-I join the ranks of the disillusioned, disgusted and devastated Moms of a Measure 11 debacle. My son was sentenced to 12 years. Every phone call from him is tearing my heart right out of my chest. Of course with this type of charge-he becomes a target. Let me be clear about this though-I see his accuser as a victim of sorts too. There are many victims when this type of injustice is perpetrated-including every Oregonian. We pay for these programs and noone even seems to check and see if these are valid claims of victimization. Maybe if they would have given her a loan instead of a free ride-she would have thought harder about telling the truth. Let me extend my support to all the other family members out there who have that hole in their heart right now too. My prayers are with you.
I am so sorry for all of you. I just found this site and it’s nice to know there are others out there who feel the same way as I do. We recently found out our son (who is now 15) was molested by an uncle and in turn molested my step-daughter (who is now 11). We found out about all this 3 months after my son turned 15. She said the last incident happened approx 3 weeks prior to December. Because he is 15, they now want him to serve 6 years and 3 months in jail and that’s a plea bargain. He has never been in trouble in his life. He is a good student, plays sports and is overall a good kid. Now, he obviously did the crime and I honestly believe that he didn’t understand how bad it was because someone did the same things to him and got away with it. We never knew he was molested until all of this came out so he was never able to get the help he needed. Now, instead of sending him into a treatment center which is really what he needs, they would rather go ahead and send him to jail until he’s 21. I don’t understand a law where we punish our children as if they are adults. There is a reason they aren’t able to work or vote or live on their own and that reason is because they are unable to make an adult decision!!! I did many things at 15 that I would never dream of doing now. So, my son who obviously has these issues but isn’t a bad violent kid will go into jail as a boy who needs help and will come out as a man who still needs help only by then it will be too late. It is said that kids who get the help when they are kids usually don’t re-offend. If you wait until they are adults to get them the help then it’s usually too late because we’re already stuck in our ways. I think it’s pathetic that we treat all offenders the same no matter what. This measure took the control right out of the judges hands and put it right into the DA’s hands. Now it’s up to the DA to decide if they like you or your kid or maybe they don’t like the circumstances so they decide to go ahead and put your crime under measure 11 because they’re having a bad day and there isn’t a thing we can do about it! They would rather build more beds in jail and let the kids sit there instead of letting us parents who can pay for damn good treatment pay for it. I am going to do everything within me to try and get this measure changed. It is my goal in life and this is only the beginning not only for my son but for all the other children out there who have made a mistake and are now being treated like adults because of it.
PSU- Now you are seeing the dangerous effects of this horrible law. I will continue to do what I can but we all need to do something – this law is way out of control. I am suffering over my 15 ye=r old developmentally challenged son- he’s been in prison almost 2 years-he has 3 yrs and 10 mos left to go. He was an innocent child–and I say INNOCENT because he is different in that he is at the mental & emotional age of 9-10 yrs old even though his chronological age is 17 now.Imagine all the special time we miss with our kids because of this law-we can’t raise them- the system does. This law is bull s#$@. My son has been bullied & picked on all his life for being different-what did society expect? I am not saying what happened is ok, I am saying that THIS bullying crap has GOT TO STOP. The victim wasn’t harmed but the systen=m pushed Measure 11 anyway. All I can do is pray- I am powerless unless the citizens help-and that doesn’t seem to be doing much good. I want my son home where g=he belongs. Prison is destroying him and society most likely won’t be safe when he is released- that is the affect of Measure 11!
My son after serving time in prison continued to be put in county jail for petty probabtion violations, and then not given his medications while in jail. He is physically dysabled and learning LD. It was plea bargains due to measure 11 and trying to avoid minimum sentencing that brought him to prison. Then when he needed addiction treatment, was sentenced to prison instead. Tax payers paid for his incarsarasion and knew nothing of the waste their money was going to. Tax money that competed with public school and heath care funds.
My husband got into a drunk driving accident 8 yrs ago..he has 3yrs 10 mo left..A little boy lost his life..My 3 kids lost their dad…I lost my husband…I am still waiting…My kids are grown in their 20s…I have to live alone another 3ys and 10 months and I am tired…My husband deserved to get time for this..almost 12 yrs total is what he got…He did not intend to hurt anyone…Murderers, sex offenders they have gotton less time..point is we are all in prison.if we have a loved one in prison..I am tired…
Help, my 15yr old nephew committed a crime and this Friday, the DA wants to sentence him to measure 11, if you can help or have any ideals on what we can do before the hearing, or something we can do to have the DA supervisor review the case before the sentencing please come forward, 5 days and our life’s will be ruined forever! HELP
I screwed up when I was a kid. I had just turned 16 and made a stupid choice to take my dad’s gun and pull it on someone. This was in August 1995, four months after measure 11 came out. I did my 70 months all in the juvenile system. I learned a lot about myself and changed for the better. The time imposed was overkill, one or two years would have been sufficient. Now here I am 30 and it still haunts me. I’m a computer professional, but unable to get a job because of background checks. I’ve had many offers, until the background check comes back. It’s been 14 years since I committed the felony and have been an angel ever since. Nobody wants to give a chance to a felon, even if they were a teenager at the time. I wish there was some law that allows juvenile measure eleven offenders a second chance at life.
As I scroll through and read all of you letters I feel for all of you. My son was sentenced at the age of 15 spent 2 years in McClearen and is on probation for 10 years. He as been out since 2002. It has been such a struggle for him to get on with his life. Getting a job going to school having relationships that are totally appropriate for his age. he has done well but I guess what I am getting at is its always there and the weight is so heavy on his shoulders as well as his family. The PO’s see them as a # and they change everytime he goes in which is twice a year. He found out yesterday that he is not only on probation for 10 years he is also on prison parole. well he was a kid and never in prison and to have that is so stupid. He has to register as a sex offender for the rest of his life for something so silly and immature. No violent crime was committed. the families this effects is so huge and consequences are so great. I don’t wish this on anyone
My husband was sentenced under measure 11 due to drinking and driving where his passenger, a good friend, died. The family of the victim were upset but did not blame my husband for the outcome. They both chose to get in the vehicle and drive and therefore both took a chance at life. The DA was determined to give my husband the 75 months and if he didn’t take it then, 120 months. Because manslaughter falls under measure 11 my husband has to spend everyday of this 6 years 3 months behind bars with no chance of early release. He’s not a violent person, he has a drinking problem and had a year of sobriety before his sentencing. My husband now in his early 20′s won’t be released until he’s almost 30 and his first born child will be in school. This measure puts more stress and financial strain on families affected because the significant other is locked up for so long and once they’re released, they will have a difficult time finding a job. I have a hard time finding the fairness in this measure and the reason for judges if everyone is being sentenced and treated the same no matter what the crime or scenario.
kellie johnson dda in portland or,,is a measure 11 severe advocate ,,i am a white male almost 40 years old with no prior criminal,or arrest record,,and have been charged witth att,murder,asst 1,2,3,they are saying iam the leader of a mexican south side gang,,witch i am affiliated with but not as a leader or a gang member,,but as a friend,an x gangbanger who understands the feeling of no acceptance,,i have fed ,clothed,housed,some of thes young men,,and tried to show them right from wrong,,maybe not always the best role model,but always some one who they could depend on,,in the summer of 2008 i was involved by another member of a diffrent gang and was asked to drive some of his homies to a park for a bbq,and where someone in his gang was gonna get a tune up,,2 b checked for wrong doings,no weapons no hospitals,,no regrets,,so i did pick up and drop them off at the location,,having no involvement,,not touching,nor talking to the young man who was brutally beaten,along with one of the young men who had lived in my home,,was hit in the head with the wooden object and received 7 staples to his head,,i touched no one ,,would never had driven anyone to the park that day if i had known what they were gonna do to the victim,,for him i am very sorry,,for my wife and four kids i am sorry,,i am looking at min,,of 70months in prision for driving the victim to the park,,,please help and pray for my family,,we have over 20 wittesses my pi has interviewed,and says i amnot the one with the weapon or did i even touch the victim,,,70months,,u gotta love measure 11,,oh yeah my wife works for pps,,she is a lunchlady,,i work as a tree trimmer for power company,,and we donate time to our schools,,we are the bad people,,if u ask some of the portland polce and dda,are gangsters,,thanks for listening
#39 “me”:
Your message resonates with me the most. My husband also had a duii accident, which injured another drunk man who was riding a bicycle. Now I raise our 2 year old alone. We’re only one year into the 70 month sentence but I’m already so tired. I’ve been keeping a blog about this experience which has sparked widespread outrage by the urban Portland community, as well as the vindictive public attacks by “the authorities”–since apparently no one believes the impact on the offender’s family is valid or worth hearing. They’ve even gone so far as to blame me for the accident too, even though I was home with my infant daughter that night and had nothing to do with it. It’s the old “guilty by association” tactic. But I’m going to keep writing my blog, to give those of us affected by M11 a voice that is rarely heard.
YEA MY BOYFRIEND IS IN PRISON HERE IN OREGON AND I THINK THAT MEASURE 11 NEEDS TO STOP CAUSE HE REALLY DIDNT DO ANYTHING SO I REALLY NEED HIM TO COME HOME PLEASE SOMEONE HELP!!1
My fiance’ isnt perfect… but then who is?
He has his problems and one of the worst happens to be his alcoholism. That got him into trouble and he made a mistake and even acknowledges it!
With the help of the DA, who seems to have all the control, and the dead-beat state appointed attorney and because of measure 11, My fiance has to be apart from me and his new born baby boy for almost six years!
I miss you baby sooo much! We all make mistakes, its sad to see that the court couldnt address your addictions that caused you to be in this mess!
Wow…All these stories ring so close to home….
My husband was incarcerated in May of 2007 and has been sentenced to a 25 year sentence. We have been married 15 years, he has two small children and a wife that does nothing but love him day after day. He has never ever been in trouble by the law and now look his family has been torn apart…life is not the same. We only correspond by inmate email and letters along with the phone calls that come once a week to talk to his kids. I only get to go see him once every 6 months if I am lucky. We are your next door neighbors just an average middle class family who you would never think this would happen to. We had a successful family business, my husband was very involved with his kids and now we are so torn apart. I am waiting for the day he comes home so that we can regain our lives as husband and wife. We need to find a way to get rid of measure eleven so that the sentences can be revamped and the inmates that are in this currupt system can come home to their families and get the help that they really need.
Thanks to all who read my story…
My brother robbed a bank at age 16. My brother did a very bad thing however, being in prison for 7 years as a minimum will not rehabilitate or make him a better person down the road. Juveniles don’t need a prison atmosphere where they can pick up bad habits from other adult inmates in prison. The best way to deal with a child is to be strict and place them in an environment so they may receive therapy and be able to make a positive contribution to society. As for those over the age of 18, your an adult and upon reaching this age you should know that adult hood means responsibility for the things you do.
My problem with Measure 11 is this means my brother must remain in a prison and not be set to a juvenile facility where he belongs.To be rehabilitated, given therapy, and given the second chance as an adult.
It must be difficult for those that accept authority as justice rather then justice as the authority. I to am caught up in a measure 11 charge that I am taking to trial the 15th of this month after turning down a plea that was for 1/4 of the mandatory minimum. I’m scared for all the same reasons that everyone on here has described, there is no justice it’s just-us. My heart goes out to all involved in this hateful hurtful tool used against out community.
My husband was just convicted of a measure 11 crime. There was no physical evidence (he was accused of violently raping a 10-14 year old boy for years), there were no witnesses, no mandatory reporting of anything by and school officals, doctors or counselors. The only thing they had was the kids story. No evidence of any kind. The DA wanted to give him 40 years. The judge gave him 17. I don’t get it. My husband had no previous record of any kind. None. My husbands attorney showed reasons why the kid would lie and cause the charges against my husband. But still the judge gave him 17 years. All of the people that know and love my husband, including my children are stunned. No evidence.
Loving wife….did he do it?
It’s so sad that I have to wish my 17 year old son Happy Holidays on a website. “Happy Holidays Sam! I love you and miss you very, very much!” For almost 2 years he has been shuffled from one institution to another. I don’t know how many times I have visited only to find him with black eyes or bruises on his face or body. I don’t know who is doing this to him because he seems afraid to tell me. When I ask him, he always tells me,”I don’t want to talk about it.” Makes me wonder. M-11 has done nothing but create despair in a child who has had disabilities from the start- he never had a chance. M-11 is a set up for young kids with disabilities and mental health or emotional problems. I will never give up fighting for you Sam. M-11 is wrong and it is an abusive sentence placed on the shoulders of 15 yr old kids with disabilities- the system does not care nor do they take this into consideration. I visit my son and I see these young men who are locked up for such long periods of time. It’s a sad,sad situation. Maybe if the people of this state can see the reality of M-11 on a lot of these young kids- just maybe- Measure 11 wouldn’t be in existence.From what I have experienced along with my son, it is child abuse. The state has a definition for child abuse and they should follow those guidelines. Measure 11 shouldn’t overcome these guidelines or be an “exception” to the rule! The DA’s don’t care because they don’t have to see it. Why would the state want to spend the money punishing these kids so severely when for most mental health issues, therapy is more helpful and more worth the money in the long run? 70 months of incarceration is way too much for a kid of my son’s circumstance and many other youths- I am sure.The impact on the child, not to mention the families of these young kids is heartbreaking.Life just stops for these families.Measure 11 is one of the worst laws that has ever been put into effect. It “allows” the state to legally abuse kids who have disabilities because it does not take their circumstances or situations into consideration.Instead they lock the kids up for severly LONG, HARSH periods of time and many of these kids are from what is considered to be the vulnerable populations. There are many other ways to HELP thee kids -all Measure 11 does is HARM them. I really,truly feel for all of you who have a loved one locked up under M-11 sentencing guidelines.I know your pain. The hole in my heart is still there and it can’t or won’t heal until my son is home safely with his mother- where he belongs!
No, he didn’t. I know, I know, everybody says they’re innocent. But I know the accuser to be a liar about other things. I believe in a statement from someone he is/was close to, they said that he is known to lie or stretch the truth. I don’t remember the exact wording. But that never got to come out in court.
I’m so glad I ran across this website. I have had my world completely turned upside down since my 15 yr old son has been charged with a assualt 2 for something that was totally accidental. Right now we are in the fight of our lives to prove just that. There are days where I just feel we are not getting anywhere. Measure 11 is rediculous!!! If there was a way to get it removed from Oregon laws I would be right there to do so.
measure 11 is all about a bunch of leeches in our government. its a way to keep youth authorities…courts…police officers…..prison workers in jobs….its our government being able to lie and steal.
my son was only 13 years old….he was involved in fight… a boy larger and older than him was on top of him beating him up. 4 boys pulled the boy off of my son. the boy got a bloody nose in the process of being pulled off. the boys dad pressed charges. i was not allowed to talk to my son who was put in youth authority custody. a court appointed attorney told him to plead guilty or he would get bigger sentence……my son did and now has felony record from youth…i was not allowed to talk to my son or offer him advice before hand. ….now that’s plain kidnapping by the government…and as an adult if he defends himmself….they look back at the record from youth…..and he is presumed guilty….measure 11 allows our government to kidnap…steal…lie…get rich and get away with it….its absurd that people allow this………there are cannibals that have more dignity than this…
my husbands son sexually abused my daughter. he was 15 and is being tried as an adult under measure 11 but we haven’t gone to court yet. my daughters father just told me yesterday that he’s going to file a civil suit against my husband once this is over with since he is the parent of the abuser. can you sue the parent at the same time the minor is being tried as an adult?
I have a friend whose son was 14, tried and convicted as an adult and the parents still had to pay child support to the State….how about them apples?????
My husband is being charged with 3 measure 11 assaults, for simply defending himself from someone trying to pull him out of his car. Because oregon only has an equal force law, my husband is being charged. I would very much like to be notified of any news regading the repeal of measure 11. Thank you for your time
Holding on to Hope, I am praying for you and your son. It’s the best I can do. I truly feel what you are going through. My son has been locked up for 2 years or more now.He was 15 at the time–he will be 18 in June. Measure 11 is totally wrong for these kids- 15 yr olds are still children for God’s sakes! I will advocate for these kids for the rest of my life if that’s what it takes. It is child abuse-the state of Oregon has a definition for child abuse and Measure 11 falls under that definition-especially when they lock up 15 yr old kids for long periods of time.With my son, there was another boy involved. This boy started the conversation and talked my son into what happened. During the hearing, the DA anounced that this other boy was going to testify AGAINST MY SON! The DA said if my son did not take the plea bargain of 5 yrs & 10 mos then he could go to trial and face 13 yrs in prison-that’s messed up. Whenever I read the police reports I get so upset that this other kid would even have the nerve to try to testify against my son when this kid started it all to begin with. My son has mental health issues and is developmentally disabled-he also has an organic brain disease that will never heal. The DA or Judge never even looked into this and wouldn’t listen to me when I tried to let them know I had been attending therapy with my son for 7 yrs. All they cared about was a measure 11 conviction. I cannot stand to see my son in prison but its all I have. Its the only way I can see him. The family of the other kid- they could have stepped forward- they could have apologized but no- they didn’t care either. My son had been bulllied all his life because he is diferent than other kids so when this other kid came along all my son wanted was ACCEPTANCE from another kid. All the other family cared about was protecting their son- whom I had asked NOT TO COME ON MY PROPERTY in the first place so he had no business being here that day. He was hiding in my back yard so I didn’t even know he was there.If you want to email me Holding on to Hope, you have my permission. I know your pain – I am still going through it myself. Something has to be done about this dangerous law because it is causing too much harm to these kids. They need help-NOT HARSH LONG PRISON SENTENCES!!!!
You can email me at shoulder4support@gmail.com. Its an email I use so I can be a support to anyone if they want or need it.
Well in case anyone doesn’t know- there were 2 new pecedents set by the Supreme Court of Oregon last Sept or Oct. Ther were 2 cases that won their appeals. So if we want to work on appeals for our family members through the courts we have those 2 precedents. I think they decided that due to the Oregon Constitution’s stipulation that “the punishment cannot be disproportionate to the crime” these cases were appealed and won. We can use those,-we can read the text of Measure 11 and we can read the Oregon Constitution- which isn’t as long as some states’ constitutions. If any of you feel like your loved one’s rights were violated you can also look for the wording in the state constitution that shows rights were violated. I have been going to school and workin toweards trying to help my own son and this is the route I am taking. It may be a lot of work but it is the only way I see that I can do anything-because otherwise we seem to be powerlesss against this harmful law. There is hope – in that those are some of the things we can do to advocate for our kids and familly nmembers. I will advocate against Measure 11 until the day I die. I have worked with kids with behavioral issues and I am really concerned about this.
Whoops- I meant to put that on the MY STORY page
A young man, married with three children not yet teenagers faces 70 months (minimum) in prison because of an unjust system. His wife was brutally beaten by the “alleged victim” and the husband rushed to her defense. The “alleged victim” also assaulted his own wife. The married man did what any respectable husband would do and defended his wife and the wife of the “alleged victim”. End result, husband gets arrested and indicted with a single measure 11 crime. The “alleged victim” is alive and well and is only being investigated for his actions at this time. I guess physical and visible evidence of injury as a result of assault to the innocent wife is not enough to immediately arrest him. The husband has no criminal record, a loving father and husband who faces the gross un-American result of reckless laws. Oregon should be ashamed of itself as well as its lawmakers.
ANY ONE WILLING TO SHARE THEIR STORY WITH ME , PLEASE EMAIL ME AT pedrocer7@hotmail.com I AM IN THE PROCESS OF WRITTING A SECOND BOOK . MY FIRST IS READY FOR PREORDERING AND WILL BE RELEASED AND FORMALY PUBLISHED THIS YEAR. I AM COMPILING SOTIES FOR MY NEXT BOOK WHICH WILL FOCUS ON THE EFFECTS OF MEASURE 11 AND OTHER COOKIE CUTTER SENTENCING AND WHO IT MAKES US VICTOMS . IT IS AN ATTEMPT TO CALL ATTENTION TO THIS PROBLEM AS A GROUP. OF COARSE YOU DO NOT HAVE TO USE YOUR REAL NAMES. IF YOU ARE INTERESTED IN THIS LABOR OF LOVE, PLEASE EMAIL ME.
WHERE CAN WE GO TO GET THES INJUSTICES CHANGED?
I CAN TELL MY STORY, BUT REALLY WHAT I (AND YOU) WANT IS CHANGE!!
WHAT CAN WE DO? WHERE DO WE GO? WHO DO WE TALK TO?
WE NEED TO START MASS MAILINGS, OR PROTESTS OR SOMETHING!
LETS ORGANIZE OUR PAIN AND START A MONVEMENT FOR CHANGE!
SEND YOUR STORY TO ONE OF THE CANDIDATES RUNNING FOR GOVERNOR, AND SEE WHICH ONE WANTS TO CHANGE THE SENTANCING LAWS IN OREGON. THAT CANDIDATE WILL GET MY VOTE, AND MY FAMILIES VOTES AND MY FRIENDS VOTES.
Hello, my name is Ethan Soriano. I’m here to share my Measure 11 experince. On February 27, 2009, I stole some shoes for my sister because she had no shoes. The security guard attacked me and held me down untill the police arrived. Once the police came, they took me into custody and chrged me with Robberry 1, which carried a mandatory sentence for 90 months in state prison; I was 17 at the time. The police took me to Marion County Juvenile Detention and booked me. Two days later, the sheriff department came and schackled me up and transfered me to Marion County Correctional Facility. I was scared. I was only 17, and was beeing sent to an adult correctional facility. Once I arrived, The prison guards stripped searched me and told me to put on the jail’s uniform. I was then sent to P.C. ( Protective Custody) where all the sex offenders are incarcerated. I didn’t know what was going on I thought this was all a dream, I mean come on SHOES!? After being sent with all the sex offenders, I had to learn both prison politics and prison terminology. While in P.C., I had to deal with all these child molesters and their disgusting stories. It made me sick, how could anyone rape a child let alone a baby!!!! I was locked up with Russel Ros, the guy who raped his two year old daughter to death, and Brian Livingston, the Turner cop who raped young girls. I’ve seen, herd, and experince things that a 17 year old boy shouldn’t have to. I was there untill June 5, 2009 where I was forced to take a plea bargin. I had no idea how the justice system worked with D.A.s, Public Defenders, and what not. I now serve a 5 year Zero Tolerance probation sentence with 5 to 20 years over my head. How rediculous. I am currently enrolled in college to earn my Associated of Arts in Cognitive Psychology. I want to help men that are incarcerated cope with their time in prison. Also, I would like to be a D.A. so that the sex offeneders will never hurt another child again. But with this recent crime, I’m not even sure if I can pursue my dreams? Something has to happen, either Measure 11 be rewritten or abolished, but something has to happen. Kids that are innocent or not have to experince what I did. Which I don’t think it’s even necessary in the first place because after they’re done getting sentenced they are transferred to Mclaren’s Youth Correctional Facility, so there is no need for all that drama. Measure 11 is a good law for those who are really guilty of it and for sex offenders, but in most cases, it’s not like that at all. If a child or teen is really guilty then they should just stay in detention and not be psychologically or physically scarred. Some kids get raped or they commit suicide for being harrassed by men, and trust me these guys aren’t high school bullies. And some of these kids don’t have to pay for the rest of their lives because of one dumb mistake. Some of these kids will have to work at a cannery for the rest of their life or at Mcdonalds. I don’t even care if a Measure 11 stops me from my dreams because I will not stop untill I accomplish them. And if all else fails then at least I tried because I will not be a loser, I refuse to.
I’m looking for stories from victims of measure 11
I am 18 years old and writing a college argument research paper.
I am REFUTING Measure 11
So if anyone has the time to tell their stories and answer some questions please email me:kitty_kiyokawa32@yahoo.com.
Thank you.
my son did something very dumb and committed a robbery im not saying he is innocent but he has never been in any kind of trouble in his life he got with my nephew and they robbed a drug dealer it was very dumb thing to do but he got 70 months in prison for it i dont think 70 months is a fair sentence for someone who has never been in any kind of trouble so i understand how you all feel good luck to you all
Vicky
Back in 1999 or 2000, the constutionality of Measure 11 was upheld by the Oregon Supreme Court. Not sure exactly online where you could read the decision, but I am sure someone can help you find it
My son was in prison when I found out our about PAC-UP, a group of people that had loved ones incarcerated under Measure 11. that group actually got a repeal measure on the ballot. It took a lot of hard work and a lot of money….reform was shot down by 66% of the voters, in other words more people voted for mandatory minimums in 2000 than did in 1994 when Kevin Mannix, and Steve Doell got it passed the first time.
Victims of crime are a hard group to win an argument for repeal or even reform with.
I am not sure this is the forum to discuss these issues on, but possibly the webmaster can help us find a way.
The Supreme Court can upheld constitutionality of anything. I am sure if others in high positons were in the shoes of all of us- things would change. The problem is that people who do not experience the pain and suffering of Measure 11 do not realize how dangerous this law is- especiall to 15 year old kids with organic brain disease,developmental disabilities and mental health issues.Keeping them locked up all these years is not helping them it is harming them. When a child can be helped in less harmful ways but the system decides to use the most harmful way,that constitutes child abuse.It causes more harm to the child who is already emotionally disturbed.
I have spent over a month researching everything I could on Measure 11, and have read all of these stories posted on this website.
I wrote a month ago on a research argument report, and have learned a ton about our oregon justice system.
From reading each of the stories I have come to the conclusion that most of you guys are not necessarily upset with Measure 11 but instead upset with the unjust trails in court.
Most of the stories do not apply to Measure 11. Our Oregon justice system should cover circumstances such as, mental disabilities, robbery without weapons or threat(shoplifting), unproven sex offenses. Those are all cases dealing with the injustice in the courts not Measure 11 itself.
I am not defending Measure 11, just clarifying the issue here.
I wanted to give a thanks to everyone who responded to my comments, and was willing to share there story with me. I wanted to give a special thanks to Ethan Soriano, whose story I was able to use in my paper.
It is late and I am exhausted from crying non stop for the last 5 days. Someone very dear to me is facing a very long prison sentence under Measure 11. My life is in shambles, I have lost my best friend, 1/2 the income to our house hold, and may loose even more.
The person charged is a good and decent person who has no prior record, but made a mistake. He is aware of his mistake and willing to seek the help he needs. Measure 11 just throws people away with out looking at who the real person is. Measure 11 DESTROYS familes and makes VICTIMS of us, as we who remain on the “outside” are forced to pick up the shambles of our shattered lives. This is CRUEL and UNUSUAL PUNISHMENT to the innocent. Measure 11 needs to be amended or gotten rid of all together. I am tired of crying and my future looks bleek. Thanks Measure 11
The crying rarely stops, especially when justice does not prevail. My 20 year old son made a mistake at his fraternity’s Halloween party, in that he had so much to drink that he couldn’t recall his actions. During that time, a young lady (not necessarily the term I would prefer to use), who was also drunk and did not know my son prior to the evening, who sought out this party, hooked up with him passionately and later cried rape. The evidence did not support this, nor did statements from witnesses who saw them together behaving normally for two drunken college students. What got to the jury was the politically charged D.A. who turned my son’s trial into a game show, their own stupidity and prejudice for an out of state college student, and an alleged victim who was allowed in the courtroom during the entire trial to shed phony tears, change her story, and give testimony inconsistent with what she originally told police. She brought her friends into her plan as well, and all of their testimony was clearly scripted. The non-unanimous jury verdict (another horrible Oregon law) sent my son to prison for 100 months, followed by 12 years probation, as well as a life time of sex offender registration. During jury instructions, the law prevented them from hearing the term “Measure 11” let alone the
mandatory sentencing guidelines. It’s doubtful that many of them even connected their decision with the consequences. Following the trial, a juror even commented online that my son was not a
monster, yet it was apparent that he (or she) voted to convict. Now tell me, does the mandatory sentence fit a person described like that??
My son is a young man who was a stellar student, valued community member, from a family who has loved and embraced him his entire life, and is not at all a violent person, let alone a criminal. He had no prior record. Dozens upon dozens of friends, community members, teachers, coaches, fathers of girls ,neighbors, volunteered their support by writing letters exemplifying my son’s fine character, strong work ethic, and as a well- mannered young man with many attainable goals and a very kind heart. The D.A. read them and tossed them aside. My son was originally charged with four Measure 11 crimes, two of which (kidnapping) were dropped during trial because evidence did not support them. I’m sure that the judge valued her own career in a small college town by not dropping Rape and Sex Abuse, yet it was clear during the verdict reading that she too was surprised at the outcome. The entire courtroom was. Had it not been for Measure 11, which tied the judges hands, we can’t help but think that probation and an alcoholic treatment program would be handed down. Even so, my son was not guilty.
My son has spent the last 13 months locked up in a medium security prison in the middle of nowhere. Yes, it’s taken me that long to tell his story—that’s how devastating this has been. He’s
clogging the system along with other inmates with similar situations and stories. He’s surrounded by victims of Measure 11’s faults, plea bargains, and wrongful convictions like his. He’s appealing his case, is remaining empowered through work, physical activity, education, and creativity, and refuses to be taken down by a person who fabricated a story for her own personal gain. Even so, it’s not a lifestyle we would ever wish on our own worst enemies. We travel 800 miles every few weeks to see him in person in addition to hearing from him often. This is not the life he deserves. Measure 11 is destroying families in Oregon and beyond. This one-size-fits-all law does not work. If anything, for the sake of many, verdicts in such cases should be unanimous. My heart goes out to the juror that believed in my son, had reasonable doubt and voted not to convict. We know the truth, which will come out in retrial, and will always believe in our son’s innocence.
Did you know ………………………..that ODOC (Oregon Dept. of Corrections) evaluates each incoming prisoner and assigns them an ACRS (Automated Criminal Risk Score) which is a statistical calculation developed by ODOC research to predict an offenders risk of re-offending within 3 years of release. The lower the score the less likely to re-offend and be a threat to the community.
Did you know ……………….that inmates that have high ACRS are eligible to be released up to 30 months early if they complete the 6 month AIP program. Inmates with high ACRS are able to talk to counselors and have priority for referral to community programs.
Did you know ……………….that those with low ACRS are not allowed to enter into the AIP early release program, and do not have access to counselors or able to apply for special programs.
What’s wrong with this picture? Shouldn’t we be giving early release to those that will not be back in prison? Shouldn’t those that are not a threat to our community, (as per a government agency) be given access to community programs and counselors?
Did you know……………………..there is a total of approx. 14,000 prisoners in Oregon, and of those 14, 000, there are 8,000 prisoners with low ACRS and of those 8,000 there are 5,000 that were first offenders.
That’s 5,000 people that could be paying taxes instead of wasting tax money. The average prisoner costs $23,000 per year, which is $115 million a year that could be available to the schools. The very place we need to put money to keep the kids from becoming future prisoners. It’s called being proactive, instead of reactive. It is my personal opinion, that each one of these inmates needed a “time out”, and some kind of life changing action, and they could have gotten the “life- changing-time-out” they desperately needed, at treatment centers, not in a prison.
Did you know……………………..that ODOC has had an average of 70% compliance on their requirements to Measure 17 (Inmate Work Act requiring correctional institutions to actively engage inmates in full-time work or on-the-job training). This is due to overcrowding and the lack of jobs or educational programs.
I suggest that Oregon release the prisoners that have low ACRS and have done half of their sentence. This creates $115 million a year, along with the money that would have been used to build more prisons.
I suggest that Oregon give tax incentive to businesses to hire ex-prisoners. This creates more jobs, and more tax revenue.
I suggest putting this extra money into proactive programs in the schools, as it is cheaper, more advantageous and has a higher rate of return, then sending them to prison when they are older.
I suggest that Oregon starts an alternative incarceration program that works on the same principles as the Civilian Conservation Core. Instead of sending them to prison, they would be working on fixing and maintaining Oregon, while they get a “life-changing-time-out”, and all the while paying taxes.
MAKE SOME NOISE, CONTACT THE GOVERNOR, THE MAYOR, SOMEONE AND LET THEM KNOW THAT NOW IS THE TIME TO STOP DUMPING MONEY INTO PRISONS AND CONTAINING THOSE THAT MADE A ONE TIME MISTAKE.
TELL THEM YOU WANT YOUR TAX DOLLARS SPENT ON EDUCATION AND REHABILITATION. SAVE THE PRISONS FOR THOSE THAT JUST WON’T LEARN THEIR LESSON, OR ARE A THREAT TO THE COMMUNITY.
WE NEED PRO-ACTIVE SCHOOLS NOT RE-ACTIVE PRISONS!
72. Catherine Kiyokawa – May 17, 2010 : Here is your response.
I at least am not a supporter of Measure 11. It limits how a judge can issue a sentence to the accused. You must not have understood the emotions behind some of these stories. It is painfully clear that a majority of these people are not happy with the law. Imagine if a person who committed a Measure 11 crime three times but years apart is sentenced to the minimum allowed by a judge. Now take a first time offender who gets the same exact amount of time, even if he has absolutely no criminal record. It does not make sense. Remember humans make mistakes!!!!! It is a common and proven story for a person to go into prison with no criminal background and come out a knowledgeable career criminal. Imagine your eighteen year old son, friend, cousin, brother, nephew or neighbor went to prison for 36 to 60 months. Imagine he has no criminal record, he was a good student with a bright future. Do you think after that long in prison for a first time offense he will come out the same person a rehabilitated person a better person. FUCK NO!!! If he survives he will be a person who learned to eat his food fast while watching his back. He will be a person who had to take a piss while someone stood guard. He hid his emotions until he forgot how to express them and only understood the dog eat dog mentality. Measure 11 is a lazy one track way of handling things. It may have sounded like a good idea to voters at the time as exploited by crooked bureaucrats but it has obvious flaws. The person to change this law has my vote.
Need to know if any of you have heard that Kevin Mannix’s nephew was charged with a measure 11 crime and all charges got dropped!? I heard this from someone doing time in the ODOC prison system for a measure 11 crime.
I have always wanted the best for my child,unfortunately as it is I am disabled and may never achieve a six-figure job so I can leave my child a good inheritance.Thank you Oregon and your Ballot Measure 11.In my weakened condition,I do not believe I will be able to survive the 70 month minatory sentence for what,even the investigators deemed as an accident. After the state of Oregon ‘s correction department effectively kills me my kid will be stinking RICH!!
Then where will Oregon get the money to protect the average citizen.
Job,
Can’t understand whether its you or your son that is in prison for a meaure 11. But just a note there is a thing in the ODOC by laws that is called Cost of Care for Incarceration. The ODOC can charge an inmate up to $55,000.00 per year for every year they are incarcerated! True story there was a woman at coffee creek whos mother left her with an estate. When she was released the ODOC took it and she had nothing. This has always been a part of the ODOC policy but until recently they have not had to use it, since their budjet shortfall due to all the prisoners locked up due to measure 11 mandatories!!!
can anyone tell me if there is movement for measure 11 to be put on a ballott to be over turned my son got measure 11 and for never being in trouble he got 5yrs 10 months for robbery so im hopping it gets over turned
My son is serving a 7 year 6 month sentence for a measure 11 crime. He was in an alcoholic blackout–the victim only had a cut lip, refused medical attention and could not identify my son as his assailant. Prior to this, my son according to the discovery was stopped 3 times by police who saw that he needed to be taken to the drunk tank, but instead was interrogated and then they say he attacked a man and violently hit the victim’s head on the pavement. My son remembers nothing, just waking up in the jail. He looked at his knuckles and there were no bruises. He made a mistake, he got so drunk he went into a black out, he needs help not prison but NOBODY LISTENED!!
First of all I truly feel for every one effected by Measure 11 and the Justice system. I realize right now my story is small compared to most but as I read I fear for what is ahead.
My son was a good high school student and went on to earn a basketball scholorship to local community college. One night is life took a huge turn for the worst. He was at a party and everyone was having a good time when a know trouble maker showed up. The trouble maker quickly began looking for a fight and targeted one of my sons friends. My son and his friends decided to leave the party when the trouble maker pursued them out the door, he pushed my son out of the way to go after his friend and my son struck him with a bottle. I do realize this was wrong and beleive some punishment was just. He was intially charge with a measure 11 offense with a mandatory sentence of 7 years. We hired an attorney and the crime was reduced to a 19 month sentence. Keep in mind he does not have a juvenile record or a any record for that matter he had never been in trouble before. He served 90 days and then has been in and out for various pv violations. My greatest fear his he is know in the system and the state and the county want him there. His latest PV was he was at work working for a local moving company and his supervisor was late getting back to the site where he was at. He ended up being 15 minutes late to his treatment program. He called several times to inform them but it did not matter. He is now serving 19 months at Powder River for being 15 minutes late to his treatment program. He was not sleeping, not doing drugs, not even playing basketball but he was working and had worked close to 80 hr in two weeks. His supervisor came to court but the judge had clearly made up his mind. His parole officer sat at the table and actually laughed as the judge sentenced him. His this the best use of tax dollors? I will be checking this site often. I pray that one day I can post that my son has beaten the system. Any advice someone can give me would be greatly appreciated.
Teresa,
Your Mannix story has circulated through the cells of Oregon prisons at least since 1999, the year my son went inside. Don’t believe everything you hear. A lot of the Inmates have nothing better to do than “spin yarns”
To You don’t get it Catherine….life isn’t fair, but what is worse than a measure 11 sentence is remaining a victim during and after release. You have to pull yourself up and take control of your life and actions. I have a “friend” that recently was released from prison….he had a sales job with in 2 weeks of his coming home. His comment was “I have to give them my best, they gave me a chance.” My son was able to start his own business, he is making a living, he is happy and a success. There is life after prison, BUT it’s up to you to find it, no one hands it to you on the day you get out. All they hand you is your belongings, a bag of condoms, an indigent pack and an Oregon Trail card with what ever money you saved while you were inside. Everything else it up to you….
Measure 11 is an unfair law, I don’t see any legislation to make changes to it. It was supported by 66% of the voters in 2000 when PAC-UP got it on the ballot for repeal. Oregonians want it, and I think it will be with us for a good long while. It is as strong as ever, no crack that I have heard of.
I have been where some of you are, it takes time to think through the circumstances your family member got you involved in. You need to support your person inside, but they need to figure out where they made their mistake and how they are going to change their life when they get home.
The PO is not your enemy, they are there to help BUT you can’t play games, break the rules and think you’re going to get away with it. You need to make up your mind to use that resource to help you, not be secretive and do what you want then hide it from your PO. They have job security without you going back inside…I don’t think you get many chances to mess up when you are on Post Prison Release.
Some of you might think some of my words are not very “warm and fuzzy” , this is a long tiring road, some friends and people don’t understand your feelings, your decisions….why you stick with your loved one, son, daughter, wife or husband inside. I understand, and I commend you, they need you to help them get strong and understand what they need to change when coming home. I encourage you to stay strong, move forward, and be there waiting at the gate on the day of their release….I check in here regularly, I have been active for M/11 change since 1999. I have volunteered at the Dome Building in Salem, collected 750 of the signatures to get M/11 on the ballot, an a member of FAMM and have shared whatever information I could to try to help family members waiting for their loved one…..I am on this site, reading info frequently, should you have questions I can help with, please don’t hesitate to ask. If I can lead you to your answer, I will be very happy to do so.
Z
David….my son was in Powder River for three years. It is a really good place for your son to do his time. We live in the Portland area and requested that our son go to PR from Two Rivers to do his minimum time. We drove 5 hours over to visit and 5 hours home every Saturday and we never missed a Saturday for 3 years. We were fortunate to be able to do that….God blessed us. While he was there, the inmates grew a huge garden for fresh veggies for the facility, they mow and work at the City golf course, they repair, paint and clean and do Christmas decorations in the City library. They put up fences, fight fires and clean camp grounds for the County for the benefit of hunters and vacationers then chop the wood they get in the parks etc. to deliver to the elderly and low income for heat in the winter, they shovel the sidewalks when it snows….the community is very accepting of the inmates and of the prison being there, and the inmates work for and in the community, it’s a win win. It is pretty far away, but I can’t think of a better prison to do time in. The guards are very respectful to both inmates and their visitors. Encourage your son to accept his sentence, there isn’t anything you/he can do about it. He needs to do his best, take all the classes they offer and the whole family should take this time to heal. He is safe and needs to work hard and improve himself. He can still go to Community College when he comes home, you can apply for a PELL Grant online for him….search F A S F A online, you can have every thing ready for him when he is released….and he can start to school the first day of the next semester. The people at the Community College are very helpful, just tell them he’s in prison and they will help you get everything in place, since he’s over 18, he will have to give you permission to do this for him, but that’s not a problem, the C College will tell you what they need. You don’t have to repay a Grant if your grades are…C or better, but check with admissions to make sure it’s a C. Before he gets out, get a certificate of incarceration…it makes things so much easier. And he can sign up for food stamps to help with costs at home……Don’t be a victim, he has already lost time….he can’t afford to lose more time complaining about the system….he’ll be fine….make the best of it, it could be a whole lot worse…..
My ex husband tried to rape me in my own bed. I told him to leave me alone and did so in front of the cops. About a month later he tried to rape me in my own bed at 11 o’clock at night. They said I could go to trial, a attempted rape is a he said – she said sort of thing. A cut and blood is obvious. I plead guilty to a misdemeanor and went to jail for 30 days.
I don’t understand, who plead and who went to Jail? Whose blood was obvious….
Id never hire a felon. Too many liabilities!
Fortunately, 21st Century Black Man, not every one is like you.
My daughter is in prison under measure 11.She has no criminal history ( 40 years old ) Robbery m11 sentence 70 months, but she received 280 months!!!!!!!! that is almost 15 years ! Why, such a huge sentence? I believe it was personal. She is an alcoholic and was drunk and biligerant when arrested. She and her husband got drunk and robbed a bank. They gave her 70 months for each teller in the bank ( 4) .It is unbelievable to me that they could do such a thing, but they did. She has been in almost 7 years so far.Tell me how this is justice? Tell me how this is protecting the people. This was totally out of character for her. Her children were put into the system and that has been a nightmare in itself. Her husband received almost 35 years,he is 51 years old. I can not even begin to tell you what a heartbreaking nightmare this has been for our family. You taxpayer dollars at work.
Do not forget, felons CAN vote in all Oregon elections. They CANNOT vote in a federal election such as for the President, etc. Get them registered….you can do that at DMV….and get them to vote. We can’t depend on every one else to help us….we have to help ourselves.
im facing a measure 11 crime charge I definatly did not do . I used a gun against 5 harded felons who jumped me on my way home on a one lane country road. the attackers tried to pull me out of my vehicle and would have probably killed me .yet I have a perfect record I was charged now after 35000 dollars Im out of money and have to consider a plea. the measure 11 gives the corrupt Jackson county DA Mark Huddlseson the leverage to force his will. I did nothing illegal that night but trie to protect my life and get back to my family. Where is the justice ..no where just a way for lawyers to make a killing and bleed us down…. I think its time for measure 11 to be repealled and bring back comon sence back to oregon.
Ask your attny if he will take your case as a court appointed attny. Since you have paid him that money, he might consider it.
Zoraida
I was wondering if you thought it was right for them to be able to charge children as adults?
Because after reading everything you’ve written. I must say that yes life isn’t fair but our life as adults is much more complicated for children to comprehend and for us to push our rules on them when they don’t even know that measure 11 exists and what it could do to them.
They are going to make mistakes and thats when they learn and to throw them in prison and then make them wear it when they get out is not just, and that is something us as adults have power to control. We should take charge of our kids (0-18) actions and punish accordingly, not the state.
Not only is the frontal lobe not fully developed, but they are prone to making bad decisions. That is what is not right.
It’s not about being a victim of the charge it’s the fact that they are even charged by the state. I would rather lose my hand for stealing than losing 7 years of relationships with family and friends. Then after you get out yes their are strong ones who get past it. I was one of them, But one size does not fit all and that is why we got to get rid of it. Because life isn’t fair but this is our world and we allow everything to happen because we don’t stand up for what is right.
You said that oregon wants measure 11, that is until they feel the effects of it’s punch.
Terran:
I suppose it depends on the crime. Measure 11 deals with violent crimes, not just everyday stuff, mistakes as you call them.
If a younger person kills my son, or if a 40 year old kills my son…my son is just as dead and whomever kills him should get the same amount of punishment. I cannot think of any grounds for a “aggravated” plea for someone that age. They can’t own guns, they can’t drive a car, what they do and where they go should be totally under the control of their parents, that’s our job….who should be held accountable. Same goes for rape. Now assault, certain kidnapping charges, girl friend boy friend sex stuff, child sex abuse at the hands of a parent brought to light during a divorce….the DA dramatizes and twists those charges to such an extreme, I think that is a travesty of the law and a total waste of tax payers money.
Your question boarders on the same thing non-boundaries as measure 11, what you want to get rid of. Each crime should be looked at separately, BUT just because someone is young, and made a “mistake” has no bearing with me. If you don’t want to do the time, don’t do the crime. Remember Measure 11 deals with VIOLENT crimes. If you are violent at these young ages and get away with it with a slap on the wrist….what are we in for later in that youngsters life?
I believe a lot of the problem with younger kids getting into trouble is their parents are so busy trying to put food on the table and clothes on their kids back, they don’t have time to parent. And we as a society have lost RESPECT for most everything. Respect helps keep you from making mistakes at any age. I think it’s time we stop making excuses for people, suck it up, do our time, get out and make a life for ourselves….if we keep going back inside, we just prove that the People of Oregon are correct with their voting for longer sentencing.
What is everyone doing to keep Mannix’ new measures from getting passed?
I hope I haven’t offended anyone on this board, if so either think about what I said and find a possibility that I am accurate or tell me how I an wrong.
I am a 34 yr old single parent of 3,I have been a faithful great dad since 16 yrs old. I am now faceing a measure 11 crime ,after two men came to my residents with fire arms and intemidated me and my children.. I did what i thought was right and got my children away from the situation and took these people where they wanted to go. I knew of rumors of these men robbing, stealing and of being in prison.. so i was concerned and scared they commited a serious crime when i took them where they wanted to go. Now im faceing there crime.. while they run free bragging of setting me up… I live in a small town and every one knows the truth of my innocents including the man who was perpatrated. but even though ive never been in trouble with the law and i told the truth i still face this crime not belonging to me… I am scared now as much as i was that night but of our justice system not of the criminals.. Ive lost every thing but my children,my buissness my tools were stolen,my cars were stolen every thing i worked hard for over a ten year period all gone. After playing musical court apointed attorneys i got one after being incarerated for twenty some days .. After bail im now broke with a deal pushing incompetent attorney facing a impossible measure 11 case god help and i pray for any one in a simular possition. THIS IS THE HARDEST THING I HAVE EVER HAD TO DEAL WITH IN MY LIFE!!!! Please pray for my children and my self and hope for a jury to find me innocent for my childrens sake…..
So Billy….do you know where you made errors in judgment? How would you handle this exact same situation now?
Zoraida:
What do you consider everyday stuff?
Terran, I take crime very seriously, and because our population is growing, I understand we can’t get away with the stuff we used to, In the old West there were shoot outs in the street….I do know the police have to keep order….but do they have to lie….does the end justify the means?
Some things that are measure 11′s that I consider every day stuff…that I don’t think I should have to pay 40K dollars a year to keep someone that has done one locked up…..
kids having a disagreement and getting into a fist fight….now I am not talking about a group of kids beating the crap out of someone, I am talking two kids in a scrap…in today’s world that would be an assault. Several years ago, the DA in Astoria….the most ambitious Joshua Marquis, wanted to charge a young man with Assault 2, a measure 11…2 kids from rival schools were shooting hoops in a City park, during the game, tempers flared and there was a fist fight…no one got hurt, probably more ego pain than anything else…..there was a huge uprising in the community and Marquis decided to drop the case…. he is after all an elected official, he needs votes….
We have a friend that is in prison right now, one of his charges was kidnapping….he came home from work and found his girl friends young child home alone, while she was at her drug dealers house. He went and found her and forced her to come home and tend to her child….she pressed charges and he was found guilty of kidnapping….he is serving his time right now at OSP. He was a homeowner and had a steady job with a local utility company….
We know another person whose girl friend, they had been in a relationship for some time, not sure how long, but he had a birthday and suddenly it was against the law for him to have sex with her….someone like a teacher overheard the girl having a conversation with a friend and and turned him in….he went to prison on a sex offense change, not saying what they were doing was right or wrong, just saying it’s every day stuff.
Our friend, “I miss my brother”…story is one we can refer to as far as every day stuff getting turned into a Measure 11….fortunately, the Supremes overturned the brothers case and he was released from prison, but from what I understand, the charges still show on his record. The second case that was over turned by the Supremes was the Hillsboro lady teacher or day care worker who was comforting a child by holding the child up to her chest/ “breast” and went to prison for being a sex offender….seems to me that comforting a child is every day stuff.
These examples are people in our area, some are people I know that were doing what they thought was right, some are kids not able to control their temper, but all exploited by the “Justice System” for doing every day stuff. Of the 13,500 people incarcerated in Oregon, how many of them were doing every day stuff that someone and the DA turned into a prison sentence? In how many custody fights do people resort to accusing sexually inappropriate activity with the child/children , that is made up to get back at the spouse?
The DA’s have put a special twist on definitions of crimes so they mean one thing….by old standards, but they mean something very different by the DA standards. Sometimes it’s a word or verbage game….
One young man did 5 years 10 months for an assault, while there were no baseball bats used in the crime, there was a sack of bats sitting on the DA’s table during the trial….they just sat there where everyone could see them….sort of implied that they had something to do with the case.
I know a person that was just sentenced to 56 months for his 3rd robbery….56 months for robbing a bank…..70 months for an assault 2 where no one was hurt…..
Mannix has another measure on the ballot–Measure 73 another mandatory measure for sex offenders and DUII VOTE NO!!
Thank you Please people read up on who are your district candidates pick their brain on where they stand on measure 11.
Teresa:
We need to know what we are voting no on, it takes reading and studying to make an intelligent informed decision. Hopefully Miss My Brother will post the measure so we can all read it. From the information I have gathered, Measure 73 has 66% of voting Oregonians support. The same percentage measure 11 passed with in 2000.
Recently talked to my representative, Measure 11 isn’t going anywhere.
Make sure you and everyone you know are registered to vote. Time is growing short to register. Do to the DMV take your drivers license or identification and register….
I HAVE A BROTHER THAT GOT THIS MEASURE FOR A VERY STUPID REASON. HE WAS ASKED TO COME HELP OUR COUSIN GET SOME DRUNK KIDS OUT OF HER HOUSE SO HE CAME DOWN AND TOLD THEM TO LEAVE. HE DID NOT TOUCH OR HURT ANY OF THEM. THEY CAME AND WENT AS THEY PLEASED. AND BECAUSE THEY DIDN’T WANT TO LEAVE THEY GOT HIM FOR KIDNAPPING. HE LOST HIS WIFE AND HIS TWO BABY BOYS. HE WAS 23 WHEN HE WENT IN HE WILL BE 26 IN OCT. HE HAS LOST EVERYTHING FOR NO REASON. HE HAD NEVER BEEN IN TROUBLE IN HIS LIFE NOT EVEN A SPEEDING TICKET. HE WORKED FULL TIME SO HIS WIFE COULD BE A STAY AT HOME MOM. THIS MEASURE NEEDS TO BE ON A CASE TO CASE BASES. IT IS ONE OF THE STUPIDEST MEASURES I’VE SEEN. SOME DO NEED TO BE PUT AWAY UNDER THIS BUT SOME DON’T. I WOULD LOVE TO SEE THIS PASSED SO AT LEAST HE COULD GET HIS GOOD TIME. HE HAS NEVER BEEN IN ANY TROUBLE INSIDE PRISON AND WILL BE GOING TO A MIN IN A FEW MONTHS. BUT I WOULD LOVE TO SEE THIS PASS SO HE CAN GET OUT AND GET HIS LIFE BACK AND BE WITH HIS SONS.PLEASE SOMEONE TELL ME WHAT I CAN DO TO HELP….
Jeri, It’s been a law since 1994. many people have tried to reform measure 11 for these past 16 years. I agree this is a sad story, but I can’t think of one thing you or anyone else can do to help. Have you filed for appeal? That’s about the only thing I can think of.
I guess instead of calling family to help with these type of situations, you have to call the Police.
This is exactly what I mean when I say it’s a game the DA plays.
I can’t even begin to understand what is happening in our life right now. My sweet and very responsible husband took a plea on a crime, to get it out of measure 11. He is too afraid to go to trial, because if he is found guilty he will be under Measure 11. He has no criminal record. He is leaving behind 2 children, myself and a great job. He pays taxes, owns a home and is a wonderful parent.. But according to the DA and Oregon he is just a felon. Not only are they removing a taxpayer from the roles, they are creating someone who will not ever have the same earning potential. He and I were in a bar and he hit a man who touched me inappropriately. We had been drinking and he takes responsiblity for his decision. But never in our wildest dreams did we envision this would be the result. I feel like my husband is being destroyed and that this treatment is cruel and unusual. Oregon should be ashamed.
My husband is doing seven years for assault 1 since they said the car he was in was a weapon when the car was not even able to drive at the time. I have several other stories here and had to stop since I was starting to tear up, I cannot believe how many juveniles, adults and numerous families that are bring unjustly tormented. Our system defiantly needs to be restructured. We are spending millions of dollars on housing inmates building new prisons that don’t even operate properly at DRCI they have had floods due to pipes breaking and the heating and air conditions system is constantly going out. Yet they will call in an out side contractor and pay him big dollars when they have certified technicians there that cost them pennies on the dollar like my husband who got HVAC certificate while doing time there. He says that since they let the bosses go due to budget cuts they won’t let him do the work that he is qualified to do. My prayers are with all the inmates and families wrongly serving insane sentences, hopefully we can get this abolshed.
My seventeen year old daughter liked to bully my sixteen year old son they are a year apart and she always made sure he knew she had control until one evening in january they got into a fight she told him he was a wimp and should stop making threats he was to big of a pansy to carry through he yelled at her pulled her out of her chair and punched her in the face . he then left the house and called the cops and told them i hurt my sister and need help they just sentenced him to 5 years 10 months. i have two major problems with this one she didnt have any injurys from this altercation and he has never i mean never been in trouble before not in school or at home or with the law not ever. measure 11 is giving to much power to the wrong people and unfair punishment to the wrong people
He assaulted her and the DA made the circumstances of this issue fall within what Assault II is.
Why did you allow your daughter to bully her brother until he couldn’t take it anymore?
Seems like she deserves a sentence too, may be more than him. Is she bullying anyone else? Hopefully she is getting some help to understand her huge part in this horrible situation and what devastating repercussions her actions had on her brother.
I did not allow her to bully him.she was always in trouble for it and she is in counseling the point is that he should not under any circumstances be in prison for six years for that fight with his sister. sister and brothers fight they say mean things sometimes, they say things thay dont mean. the punishment does not fit the crime. he has never been violent and she did not sustain any injuries
I am so sorry for your son. To have no safe place from bullying/ abuse, must have just sent him over the top. I can’t imagine how awful it must have been for him…..I am assuming that he didn’t feel he had any other choice but to “punch” her in the face.
Is he at McLaren? Unless he has prior issues, he would probably stay there for his whole incarceration. It’s a pretty nice facility in Woodburn for youngsters, lots of counseling, lots of time for visits. Since his sister is his victim, she probably won’t be able to visit him, that’s usually how it works.
How long has he been in, have you visited him, what is your impressions of his situation now.
My son did 5 years 10 months for an assault II he didn’t do either, only he didn’t hit any one, but DA just makes things fit into the perimeters of an assault and that’s a measure 11.
The Police are not your friends, they do not help you in most cases, they make things much worse. That’s a valuable lesson our kids need to learn. He probably thought they would help him deal with her abuse, but instead he became the victim.
I hope your daughters therapy works better in the future than it did in the past. Hopefully when your son comes home, she will leave him alone.
You can file an appeal, but not giving you much hope for it to make any difference.
Bullying is a huge problem, this is just another example.
I agree bullying is exstremely frustrating. i am sure on her part she believed she was just being a big sister picking on him and that was normal. i dont believe she really thought she was hurting him. my mothers brother had molested her when you was six ( nobody would have ever guest this uncle would do something like that he was everybody favorite uncle)and since he passed away i think her way of dealing with her anger toward men was to hurt the only man/boy that she could (my son) we are going to try for a post conviction remedy not so much as an appeal. as of right now i really just want to get big signs with measure 11 crossed out and strike in front of the court house it seems to me that the time they are giving for the crime is simply unjust and the people who have voted for this. have to know what it is really being used for. my hope it is not in an appeal just in a change in the law. and your right there isnt anybody family ,friends and neighbors that will ever trust in the police or the system after being a part of this situation. every person that ever knew douglas say this boy doesnt belong in there.
Martia:
I am not trying to sound like an unfeeling person. I just wanted you to realize that your daughter has to get help for this behavior.
Big sisters or family members do not make life miserable for their siblings or loved ones….at least not any I have met. I hope she is very sorry for her behavior and that because of her part in this injustice her brother will be in prison for almost 6 years of his life. I think when he called the police, he was trying to get help for a problem he just couldn’t deal with anymore. Some people snap and kill their aggressors, she is lucky. I am surprised the Judge didn’t address her issues with mandatory counseling, he should have.
I hope everyone reading this will look in their own home and see if this type of behavior is going on. Even though you as a parent don’t think it is extreme, every person has their limit and once that has been reached, the pressure has to be released some how.
Here’s a question….if the boy down the street had been in the same circumstances, with your daughter tormenting him, and he had punched her in the face….what do you think would have been adequate punishment for him?
absolutley not 6 years of someones life for hitting someone else is beyond unfair i feel like a broken record when i say she is in counseling. and truley you shouldnt hit people. however as far as i am concerned the problem truley is the measure 11 law
It’s interesting to hear you folks talk this thru. It illustrates the problem with Measure 11. I think that the issue here and the one we all find extremely frustrating is that Measure 11 applies a “rubber-stamp” to each case. Judges and juries should be allowed to decide how the offender should best be punished and how much of a risk they are to society. With the prison system in the state it is, there needs to be careful consideration before spending money to incarcerate someone who could be made to pay for their crime in an alternative fashion with better results. Under Measure 11, they create criminals where one did not exist previously. They spend money to keep people behind bars when they, their families and society would be better served by counseling, therapy and restitution. This is lazy justice.
It is great to see that people are reading this blog….thanks for making your comment.
We went through 5 years 10 months of Measure 11 for an assault II that my son did not commit. However, he put himself around people and in situations that opened him up for this to happen to him. We all have to figure out what our or our “person’s” part in the situation is. My opinion is that the DA are much more to blame than M/11 itself. The DA makes the decision if he wants the crime to fall with in M/11 guidelines. The DA has something to gain by taking these cases to court and to win them. HE GETS RE ELECTED!!!!! It’s a political gain for him.
When my son first went inside, we were hurt, and stunned, and blamed everyone else for what had happened. As time went on, he took classes that they taught inside, and he talked to us about what they were teaching, we came to grips with his part and our part….we weren’t strong enough parents and allowed our son to be around people that didn’t have either their best interest or our son’s best interest in mind. We suddenly realized that we all had a part in our son’s incarceration. That’s a pretty tough pill to take. He has been home almost 6 years, and is doing well. Lesson learned.
Just so we don’t forget how this works….First the DA takes your case before the Grand Jury, where they decide if you have enough evidence to go to trial, then you have a choice to go before a jury and be judged by your peers or to go before a judge only. I read through Martia’s comments and can’t find where she says what their choice was. If he was judged by his peers, then the jury, 12 people, felt that the evidence presented, warranted a conviction. Jury’s don’t know what the sentence will be, so they might not have realized he would get 5/10 no good time.
Yes, all cases should be judged separately, but they aren’t, and that’s a fact. Measure 11 was voted in in 1994, 16 years ago. And I only know of one time when people tried to repeal it, that was in 2000..
We worked our tails off trying to get M/11 repealed in 2000, and we had to pay people, professional signature gatherers, to go out and get signatures….our own group who would directly benefit from the repeal passing, wouldn’t even do this for themselves and their incarcerated loved ones. And only 33% of the voting population wanted it repealed….66% voted to keep m/11.
Kevin Mannix had another mandatory minimum measure on this past November’s ballot, and even with all the budget cuts and shortfalls, it passed with flying colors. WE are still not out to fight for what’s right.
So while a few people that read this blog cry about M/11, and usually only after someone they love has been incarcerated and sentenced within it’s guidelines….it boils down to…..we got it, we are going to keep it, teach your kids this is what will happen if they break the law. It can affect anyone.
I don’t believe the posters are crying, they are looking for support!
I also don’t believe the posters want to hear what you have to say.
Don’t blame the kids…parents…Blame Mannix and the da’s!
Not everyone is as happy as you are and are able to come to grips with your ordeal with measure 11.
Maybe you worked your tail off before, now you come before people and judge them because of mannix law. It’s not as easy as you say!
To cut and dried for me!
Take a back seat and have some compassion for others. Sibling do have “fights” seldom do they go to prison.
Winifred….
Sorry, I couldn’t wallow in self pity, sorry I can’t blame Mannix for Measure 11….he presented a measure that was put on the ballot and 66% of voting Oregonians passed it two times….Mannix didn’t make my son break the law and Mannix doesn’t make any one else break the law either…..I felt the best thing I could do to help my son and my immediate family was to encourage my incarcerated son to man up, accept responsibility for his bad decisions, pay the bill and move on. I will not teach my son to play the blame game, I did not encourage my son to be a victim.
Measure 11 punishes violent actions, and the reason the people of Oregon were and are so strongly supportive of Measure 11 is that the Judges kept giving these violent offenders slaps on the wrists…people get tired of the revolving door….
No it isn’t easy, life isn’t easy….it’s even harder once you’re a convict, but you can do it….you can succeed….or you can fail…there are many that chose either side….we chose to succeed, we will not be victims of ourselves or the system.
I am not judging anyone, the jury did that….obviously there was evidence that proved a crime was committed. 12 people were chosen to listen to the evidence, I was not one of them….and 12 people convicted him. That’s the system, that’s how it works. Personally I think the victim is the young man….he is a victim of his sister, his parent(s), and the court system. This should never have been allowed to get to the point that he wanted to “punch her in the face”……..if you don’t like the system….change it. If you don’t like Measure 11….reform it….but until you succeed at that, teach your kids….if they can’t do the time….don’t do the crime.
My son has been home for 6 years now….we are very proud of him.
Yes, the jury did judge them, as to what was said…da’s are very conforable embelishing their story! Doesn’t make it right .You (z) are indicating it’s right because it’s the law.
It is not obvious there was evidence…da’s will lie and use measure 11 to cover… with very little work on their part.
Tempers flair! Siblings do fight and sometimes they becomes mean, still very little reason to send them to prison.
You (Z) sound like Lars Larson, oh…. how I detest the saying! If you can’t do the time…don’t do the crime.
Are you saying it’s a crime to hit a family member, sorry not a crime a fit of anger perhaps, which should be under control…sorry but not prison.
Wonderful , your son did so well and you should be proud of him. Sounds like tou are sayin he deserved to go to prison as it was your fault or other parents…. much , much better ways to teach kids. Most measure 11 crimes don’t fit with the punishment…until you and ppl like you it will be around for awhile.Does it occure to you (z) not all family’s are not of your mold and don’t care to be?
Measure 11 should be taught in schools more, the law is brushed over so lightly.
Spend some time collecting information on measure 11 …. distrubuting to all schools in Oregon.
Schools and tax payers spend money making a point “Not to drink and Drive” The ramafacations on measure is just as serious.
How does the public succeed, when ppl like you give up,? Resigning themselfs to your opinion which you feel is best, because you are one of few, which doesn’t make it right to follow in just you beliefs
Until, we as a group succeed…makes no sense to blame anyone other
then the voters.
Parent’s have given their kids boxing gloves to (fight it out).
It takes alot of passion to really stand up for the cause, something I feel you lack.
Most times with measure 11, the accused…. is at the wrong spot at the wrong time…happens in all of our walks in life… not always on purpose.
Winifred,
Believe me, I am not the enemy…we know the whole process, been there, done that….lived through it. And for your information, it IS illegal to abuse family members….just try hitting your child and have an authority find out about it….just try having your husband “hit you in the face” and see how long it takes for the cops to have his fanny behind bars….it is NOT ok, it is NOT normal for people to “bully” their family members….were you raised by wolves???? Possibly this is the mentality that made Measure 11 necessary….
What have YOU done to repeal or reform Measure 11?
I expect quite a long list of your efforts and accomplishments, cause I can provide one, do you go to Salem and talk with your Representatives, do you volunteer to talk to people, telling your story and put yourself on the line for ridicule from the community? have you registered and gotten signatures to get this on the ballot, do you have the support of representatives to give you a ballot measure title …..I think not….but then you only want to blame others, not your self for what ever predicament your person is in. I bet if your person succeeds at something you stand proud of their accomplishment and your part in it…..but not if they screw up and go to prison….it’s Kevin Mannix and Measure 11 fault…..that’s a problem Winifred….
I am not blaming anyone, YOU are….I say I need to keep my children safe, and I didn’t….that’s MY issue. But we didn’t blame, we dug in, we joined PAC-UP, spent time and money to fight for repeal of measure 11, we supported and visited our son every week….he was in Umatilla for 1 year and went every Wednesday and Saturday to visit and Baker City for 3 years, went every Saturday and Salem for 2 years and visited Wed and Sat….and never missed one of those visits….oh yes and we lived in the Tigard ares, so it was quite a drive…. I am and was totally dedicated to reform, but there is nothing to do….you haven’t done your part….are you waiting for me to do it all AGAIN…..there is no reform or repeal effort….so you start the ball rolling, invest the time and money in getting it all legally done and let us know here on this blog….maybe one or two people will show up to a meeting….so Winifred….you point your finger and blame whoever you can for why that young man is in prison….I had nothing to do with it….don’t point your finger at me…. …but while you blame and whine….you are really teaching your person how to be strong and recover from the choice HE made….and the sister that drove him to it….are you helping her by make excuses for her, tell her it’s normal to “bully” to the point he couldn’t take it anymore….tell the parent it’s ok to let this all happen?? is that productive….
Sorry, you are not “mother of the year” What other obvious choice do parents have to make? Telling their kids to be stong. No parents cares to be lectured how well you did. You failed your son as well, now you want to be “goody two shoes” now your in a roll trying to advise parents to do the same.
I am not surprised trying to repeal/reform measure failed with your attitude.
Prison for measure 11, does tend to make inmates and family’s bitter.
Your so right…you didn’t have have anything to do with it…so why bother giving others advise??
You brag , how you drove so far to visit…remember most ppl don’t have trasportation like you , not all are afforted the means…so noble.
Most lesson with sibling fights can and shoud be handled without the law..
I am pointing fingers at you because you talk like…parents are to blame…you must carry around much guilt….for not keeping a closer eye on you son and expect all parents to feel the same.
Be a comfort to ppl, and ditch “mother of the year award”
The meaniless advise you give helps no one, except you ego!
Unless you have something good to say other then “how well you did”
work on a better attitude….
Try reading again the miscarriage of justice by the posters..I have.
Sorry you feel that way…totally not Mother of the Year….just a positive influence, which was rewarded. I am sorry you resent someone that has come out the other side….whole, and positive and a success….it’s not me, it’s my son. He is strong and determined and a total success after being wrongfully imprisoned for 70 months….but after the initial shock….we sucked it up, we supported him and helped him make the the necessary changes in his thinking…..let me know how your person is doing 6 years after he/she gets out. I will be truly interested.
It wasn’t me that started the repeal, it was a State wide effort, such as it was….I was just a worker….what was it you said you’ve done to change Measure 11….whining and blaming doesn’t count.
I won’t respond to you again, you bum me out and bring me down….my son was recently diagnoses with MS, a fate worse than prison….we have a huge battle to fight and I don’t need the negativity….I wish the best to you and to your inmate, Happy New Year….Z
In 1989, when I was 24, I woke up in jail and thought that I’d finally been caught driving drunk. I had been blackout drinking since I was 16, and frequently woke up without being able to recall the last few hours of the night before. Later that day, a deputy informed me that I’d been arrested for robbery, but it still took a couple days before the gravity of my situation really hit me.
Once I finally sought help, I learned that my drinking was not for recreation purposes, I was using alcohol for therapeutic measures—albeit a measure destine for failure, but therapeutic nonetheless. I’ll try to explain.
I came from an upper-middle class family. Dad had just retired from 30 years in the Marine Corps, mom was a supervisor at the phone company, and we lived in their dream home in northern San Diego County. My brother, sister and I attended private school, and our futures had been financially secured by my parent’s planning. Then, when I was 11, my mom suffered a series of fibrillations and heart attacks. Thirty-five years later, I am still able to vividly recall watching my dad’s failed attempts to resuscitate my mom—unfortunately, us kids were all home, and my dad didn’t see us behind him, so we were able to see something that children should never have to watch.
By the time the paramedics were able to reestablish an airway (her lungs had collapsed too), and a regular heartbeat, she had spent about 25 minutes without air.
My mom was a very healthy woman, and had an incredibly strong will. She survived her ordeal, but she was left with the brain of an infant.
After ten months in the hospital, and unable to find a vacancy in a nearby nursing home, my dad moved mom to a nursing home in Oregon. Two months later, we moved out of our dream house, left our private school, said goodbye to all of our friends, and moved to a place that was a polar opposite from whence we came.
Dad divorced mom in the hopes that she’d be made a ward of the state. That would have allowed him to take care of his children, housing, food, et cetera, with his retirement and work income, and not have to to tap into the college funds he and mom had established for us. Unfortunately, the divorce judge set a high alimony, and required my dad to pay a large percentage of the nursing home expenses. The alimony was equal to about 80% of his retirement pay, and the nursing home expenses took the other 20% and about 25% of his income from work.
Dad remarried, and shortly thereafter, I was introduced to alcohol. My stepmother was a drinker (mom and dad drank only wine with dinner, and dad had an occasional, weekend beer if he’d been working outside), and there was always a bottle or two of Canadian Whiskey in the freezer. I quickly noticed that people acted differently after they drank, so, when the adults were away, I thought I’d give it a try.
The first thing I noticed was that the vivid memories, and the immense sorrow I harbored over my, and my mom’s condition, seemed to ebb. I progressed to taking a few swigs before school, and hiding a small stock in a canning jar in my closet.
My drinking continued, and when I turned 17, I left school, and enlisted in the Navy. I served 3 years aboard a nuclear submarine, reenlisted, and spent another 2 years on a shore facility. Without the occasional deployments that submarine life required—and sober periods that it brought with it—my alcohol consumption became more of a problem than the Navy was willing to deal with, and I received a general discharge (convenience of the service).
In the two years following my discharge, I had become a frequent blackout drinker, and found myself in a jail cell for robbery.
I plead to Robbery 2, and a presentencing investigation was ordered by the judge. When I went to sentencing, the judge told me that he didn’t think I was a criminally-minded person, and sentencing me to prison would probably turn me into one. He sentenced me to 10 years in prison (suspended), and 5 years of supervised probation.
I successfully completed my probation, but was still having trouble staying sober, and dealing with the realization that my mom was still laying in a bed, in a nursing home, waiting for her body to expire.
With my sister’s help (she experienced many of the same psychological demons I had), I sought help from the VA Hospital. I went through drug and alcohol treatment, and spent the next 5 years in a recovery home, and sober living environments. While at the VA though, I was finally diagnosed with Post Traumatic Stress Disorder/Syndrome. With their help, I was able to deal with my memories, and I’m now able to comfortably live with, and discuss my past experiences without feeling the deep, unmanageable sorrow that used to envelope me.
I now have more than 13 years of sobriety, and I have no trouble living without alcohol. The most important thing I’ve regained through my sobriety is my father’s respect and love. Also, through my dad, I’ve become friends with people who would have been my jailers, prosecutors, and jury, had I continued the path I once occupied.
Had I been mandatorily sentenced to prison under Measure 11, I am absolutely certain that I would not be the man I am today. I thank God that I had a judge wise enough to see that I needed something other than a prison sentence. He saw that I needed help, and even though it may have taken a few years for me to find it, I finally got that help from the VA, several mental health workers, AA, and a whole mess of good people.
Today, almost 22 years after committing my felony, I am able to exist peacefully with my mental images of a morning in 1976 when mom had her attack. I’m also able to live with the realization that the woman who gave birth to, loved and cared for me before I was able to care for myself, spent 21 years and 9 months in a persistent vegetative state before her heart gave out again.
Had I been sentenced to prison, the experiences I would have endured there would have changed me. And, I cannot imagine that those changes would be for the better either. I highly doubt that I would have more than 13 years of sobriety today. I doubt that I would have successfully owned and operated a computer company for almost 5 years. Finally, I know that I wouldn’t have the relationship with my father, or the people in my community, that I have currently.
Measure 11 is wrong. Although every person is subject to equal protection under the law, the sentences that offenders receive should be decided with the ultimate goal of protecting the people from that person committing another crime against them.
In 1989, I was an alcoholic who committed a crime. If I had spent several years in prison, I would have been paroled a criminal, who was also an alcoholic. I would not have received the PTSD treatment I needed (and ultimately received from the VA), but I would have learned a lot about the criminal lifestyle that I, thankfully, have never been forced to learn.
Government, and specifically the Justice System, should place the safety of the People as their highest concern. Subjecting an offender to a prolonged, unnecessary, and negative experience, and ignoring the root cause (or causes) of how they came to violate the law, is not only unjust to the offender in itself, but it also places the People in danger of recidivistic tendencies once the offender is paroled.
Thank you for telling your story. You have explained measure 11′s harm so well… My prayers, are to wish and hope the voters FOR meaure11 would see how you feel.
Have you thought about sending your story to Editors?
Congratulations, finding a better life.
Whoever said MacLaren is a good place for a kid and offers counseling and good things- that person obviously is unaware of what goes on there. My son recently spent time there–it wasn’t that way for him-it taught him gang involvement and how to commit other crimes and all kinds of junk like that.He needed counseling but he didn’t get it-they just kept transferring him from one unit to another.I have to speak out on that because NO KiD with behavoral issues belongs there–they should be allowed to get THERAPY but not everyone in that place that NEEDS therapy gets it. No sorry whoever you are but I know from my son’s experience there. When he needed help they abandoned him and sent him straight into the ADULT system as soon as they were legally able to.
Your so right VG…no one with behavoral issues should be in prison . Prisons are big business and the powers at be don’t care. They want their jobs… Senators/Congressman are afraid to speak up how cruel the law is, they are afraid of loosing a vote (soft on crime) If a few of them were faced with the sad stories and the cruel punishment maybe…. just maybe they’ll wake up and take action. I’ve read most oregonians are not even aware of measure11, they voted yes because everybody want’s saftey.
Continue to write to congressmen/senators.
Uh no way -even after my son is released I won’t stop.I have een the suffering of these kids and that is more than enough for me.I will continue to advocate against this law until something is done and, as I said, even after my son is released, He should never have gone in the first place-yes some punishment-maybe a psychiatric ward like Christy School but NO WAY DID HE deserve a Measure 11 sentence.He is mentally & emotionally disabled -its wrong- it is child abuse for kids with organic brain disorders. As I said I have seen the suffering and that’s mre than enough to motivate me. I miss my son dearly and I know there are other moms out there in the same predicament.Thank you Sharon.
Stay motivated…I find it so hard to believe they lock up kids with disabilities!! Try contacting NAMI. I have written them several letters…I have also written Crime victims united….protesting.Yes…it is child abuse.
FB has a page …lots of good stuff….where to write…who to write many sad stories
This site is awesome with lots of good information as well….just so many sad stories too.
Measure 11 is a burden to the state of Oregon and its tax payers. We intend to lock up people for long periods of time, feed them, pay for their medical needs guard them and I’m sure other many things. Has measure 11 deterred crime significantly since it was placed into effect. Based on news stories the past few years in Oregon I would say no. It seems crime has not slowed and may never. The Oregon Criminal Justice Commission a non partisan group did a study this year and found that Measure 11 does not do what it was promised to do. The current political buzz is reducing spending and lowering deficits. Oregon’s state budget deficit is nearly 4 billion and prison costs have quadrupled since Measure 11 passed. Maybe now is the time to contact politicians and see if Measure 11 has had its time (and failed) and needs to be abolished or seriously amended.
“Desire is the starting point of all achievement, not a hope, not a wish, but a keen pulsating desire which transcends everything.”
I’m with you …. against measure 11!!!! Now is the time for action to repeal/ammend measure…I have contacted many politicians! To no avail..They don’t want to be considered (soft on crime) dumb…dumb..
Please everyone write and flood the reps with letters.
I wish the reps would understand, money spent on prison would so help our schools, seniors.
Maybe I’m not saying the right things in my letters? Maybe their not reading them? Maybe we should picket /protest measure 11 cases?
This site is awesome .
My son was convicted of assult II for driving a car that was involved in a robbery. My son went to a party and was drinking. TJ knew two kids from school, not his normal goup or freinds. TJ had a brain injury three years prior and was never recomended to see a counslor or never informed the effects on judgement that alcohol would have on him. The boy that had the gun thought it would be fun to rob someone. TJ was giving the two other kids rides home and the one with the gun asked TJ to stop so he did. Juan got out and held the gun to a strangers head and stole his cell phone. The man followed TJ in his car, Juan noticed they where being followed so he started fireing the gun in the air to try and scare him.long story short . The district attorney charged all three with 6 counts of attemted murder, robbery in the 1st degree and a few others. In total there was 20 charges against my son. The first judge let the DA know that he wanted this resolved before it was brought back in front of him this was at the bail hearing. The DA offered sentence reduction if my son would testify against the other two. I had my son go through testing for brain damage and put him in thrapy. we had three evaluations by different doctors and a nero ferensic specialist all wrote evals and showed TJ has brain injury and is not ever to drink because of it. When under the infuence he is unable to understand his lack of judgement. The DA did’nt have a heart. He wanted to imposse the maximum sentence and it did’nt matter that my son never touched the gun. It did’nt matter that my son has never been in trouble before. The DA did’nt care that my son is a great student or that he only missed two days of school his junoir year and that he got three As two Bs and one D on his last report card.We had letters from teachers the DA straight up did’nt care. One of the kids was sentenced to 90months the other after trial was sentenced to 12years 6 months. My son never testified against either of the two boys and he pled guilty robbery ll. If he would have gone to trial the DA seid he would push for the maximum time. One of the judges recomended to the DA, three years and drop measure 11 he wouldnt even consider it. I believe that we have taken the compassion out of the courts and have replaced it with carrer driven eggo maniacs that just want to show they are tuff on crime. These are our children, we need to have compassion and realistic sentencing not manditory sentencing. let the judges do their jobs!!!!
Mother without son….how old is your son?
The punishment as usual doesn’t fit the crime…So sorry about your son!
Keep writing your reps, Gov….If just one of them would understand…maybe the rest will folow…so far they ALL stick together and are so afraid they’ll look like their soft on crime….
So what should be done with these people that are mentally deficient and doing crimes? Parents and friends of these people should be lobbying for more room in the mental hospitals so they could get help, not hurt the public….
Believe me- I will be the first to say we parents of teens with developmental disabilities,mental health issues,behavioral, and organic brain disease HAVE BEEN working to help these teens ncharged and convicted with Measure 11′s but it isn’t helping because the politicians don’t want to deal with it.It’s like back before the Civil War when they avoided dealing with slavery- no one wants to help because they are afraid to deal with this issue.I compare it to that situation because that is EXACTLY what it is.These teens DO NOT belong in prison.They need psychological and psychiatric help but the state does not care- the DA”s have No compasssion for these kids and it is not fair at all because when a DA holds all the power in sentencing and the DA’s job is to get justice,it is unfair not to allow a judge to help out with FAIRNESS in sentencing for these disabled kids-and THEY ARE KIDS- whoever wrote that a 15 yr old’s prefrontal cortex in the brain is not fully matured at age 15 has an excellent point.I am a college major in Social work and I have an educated knowledge and a college degree. So if a “normal” 15 yr olds’ prefrontal cortex–the area of the brain where we make decisions,the seat of reasoning and judgement is not fully developed, then how can a developmentally disabled or a kid with organic brain disease have a fully developed prefrontal cortex? I am not saying ALL kids at 15 should be allowed to escape measure 11 but these kids with fully documented histories of these issues should NEVER be placed in a prison-it’s wrong and I will stick to what I have always said it is comparable to CHILD ABUSE, Just because their chronological age is 15 -a developmentally disabled child’s mental & emotional age is far below that of a regular 15 yr old kid.I went to court with my son. He had a 12 year history of being developmentally disabled and had always been influenced by other kids because he had been picked on most of his life due to his disabilities. They didn’t care at all to take that into consideration in fact they scared him by telling him if he did not plead guilty to one charge and get sentenced to five yrs and 10 mos then he would go to trial and might be sentenced to over 13 yrs. How can you give a disabled kid a choice like that?? It is messed up. Measure 11 has done nothing but HARM to my son.And I know there are many other parents out there who have encountered these same issues.As I said, when it comes to these disabled teens, NO ONE wants to help-they say “Oh well, there is nothing we can do now.” So yes, I have been lobbying, advocating, mentoring and doing all I can and when my son is released I am sure the DAMAGE this law has done to him will be very visible and after seeing how cruel the DA’s can be I plan to continue fighting this law.None of these kids sentenced under Measure 11 are going to even know how to live when they are released-not every one is lucky enough to have parents who care these days.
Dear VG..Mother without her son
It sounds like you have been working hard…keep it up!
Most DA’s like the power they have with measure11.
Measure 11 violate’s the disability act, I so agree it is Child Abuse!
So if you know your child succumbs to peer pressure or makes bad decisions, why are they out and about unsupervised with people that will put them in bad situations?
Our legislatures are elected by the people of Oregon. The People vote for the legislator whose voting record most closely mirrors their own thoughts on issues most important to them. Legislators listen to their constituents….because that’s how they are reelected.
You get more bang for your buck if you learn who your legislator is and call him and talk to him about more than just Measure 11. They dont have time to listen to all the stories be cause let’s face it, we are only telling one side of the story and things might not be exactly what we report….but they are interested in FACTS….there is a lot of information regarding mandatory minimums, FAMM has good information which you can find online. Reform or repeal is a multidimensional issue…..remember, when you fight for your person, you also fight for the person that has done the worst crime you have ever heard of. Why do you think people hate the ACLU……
when we fight for reform for your kids we also fight for rapists, murders, kidnappers…the “worst of the worst”….
Crime Victims United is a VERY strong group, very active at the Capital to make sure Measure 11 does not get changed….they don’t write letters or make phone calls, they are in sessions and they testify in session, they are well known in Salem….this is a huge undertaking….66% of the voters of Oregon voted 2 times to keep mandatory minimums….so when someone says write letters and make calls….waste of time. Make an appointment to meet with YOUR legislator, sit down with them and tell them FACTS why measure 11 is not only hurting your child, but Oregon….remember they have access to all public records and can get all the information on your person’s case, so don’t fudge on the truth. The legislature only meets every other year for a couple of months but does have special sessions on off years to deal with important things, so make sure your legislature is in his office.
Do things that count, it’s intriguing and it could help
VG….I have a friend whose child was incarcerated with a life sentence, true life, he will die inside, at the age of 14….. never gotten a DR, taking college classes and works a very responsible job. I think he has been inside 12 years by now.
I also know of a person who was wrongfully accused, did a few years inside, got out and let the experience consume him. He is a sad victim that makes life miserable for all that are around him….It all depends on the person, their outlook, and their support…..
Sharon, what have you been doing for change? Seems like you have been around for at least 10 years….you must have a lot of information to give these people just starting out…..
Something to look into and get involved in…..
You say you want a revolution in the county’s mental health care system?
Published: Saturday, April 02, 2011, 9:31 AM
The Oregonian Editorial Board By The Oregonian Editorial Board
If nine well-informed citizens devote more than a year’s study to your mental health care system, and effectively conclude that it’s a black box, surrounded by razor wire — mystifyingly impenetrable both in terms of what you spend and what you accomplish — well, you’ve got a problem.
Never mind that there were misunderstandings and miscommunications along the way. Put all your “buts” and postscripts aside, because you’ve failed a key test of leadership:
Translation.
And you’ve also provided some strong evidence that those who operate within the system, however dedicated they may be, are to some extent inured to its dysfunction. They cannot even, clearly, explain to an intelligent group of outsiders how it works.
If Multnomah County officials cannot describe how the system is performing, to an eager audience of potential allies, how can they hope to enlist public support to improve the system?
Last week, a committee of the City Club of Portland issued a meticulous, 42-page report, lambasting the county’s mental health care system. It is a devastating critique that stops short — but not by much — of recommending that the county just start over.
The club as a whole hasn’t voted yet on whether to adopt this report. Still, County Chair Jeff Cogen and the board of commissioners must make a critical choice: They can blow off this report with a cursory “Well, yes, the system is fragmented, but we’re already doing what we can to improve it.” Or turn this into a call to action.
For at least three decades, of course, dismal studies have routinely been issued about the county’s mental health care system. But this is a moment unlike any other. Never have people been listening harder for good ideas.
National health care reform is looming, and a state Health System Transformation Team is meeting weekly to develop a new approach, integrating mental and physical health care.
As Edward J. Keenan, president of The Foundation for Medical Excellence — and a member of the City Club committee — pointed out Thursday, the county could pursue a tri-county demonstration project that integrates mental health care across county lines.
That is a big problem today, one of the reasons the report called the mental health care system “fractured.” Health care privacy laws, and the rigid way in which they’ve been interpreted, have also had an inhibiting effect on managing patients, too, as they move around the region.
Cogen and the county board could pioneer a new approach to track clients, regionally, more systematically and more effectively without infringing on their rights. “The emerging availability of the electronic health care record makes it more feasible,” Keenan said.
Cogen said Thursday that redesign of the mental health care system is an important priority for him (he is hoping to meet with the City Club committee).
He should also ask the county to take a fresh look at “translating” the mental health care system in terms that people in the community who are eager to improve it can grasp.
Consider, for example, that services for the homeless in Portland have dramatically improved since the city and county collaborated to make the system more intelligible. Mental health care is, if anything, even more complicated.
But you say you want a revolution in the mental health care system? And many, including the City Club committee, say something along those lines is needed. Then remove the barricades to understanding how it works.
Never has the moment been riper to stoke a transformation. The dynamic Cogen, aided by this report, should lead the charge.
I had a very bad couple years healthwise….so I haven’t done much!
I write e-mail/letters/ and read most everything about measure11, and most of I pray measure 11 goes away!
I am NOT talking about a Civil War I was comparing how the politicians back then did NOT want to deal with slavery -just as they do NOT deal with Measure 11 today. First of all no one should ASSUME things about others unless they know the whole story. My son was born with a brain disease that is irreversible.He was doing fine that day sitting on the front steps listening to CD’s with a 12 yr old friend from school.My son did well with friends that were chronologically younger than his age because my son’s mental & emotional age was younger than 15. I know because I was there- I did supervise my son. I am a single parent and have to work to support me and my son. My job happened to be on graveyard shift and I had to sleep sometime. I always kept in contact with my son.I happened to doze off by accident due to the fact that working graveyard a person gets very little sleep.I had only fell asleep for 45 min to an hour.I have the police report for what happened. No one was harmed at all.The victim didn’t even want to give a statement-this is all in the reports that I have. The victim stated that he thought it was just some bored kids fooling around on a Sunday afternoon.He stated that he didn’t want to get anyone in trouble. It wasn’t a sex crime or an assault.My son verbally threatened someone. What happened after I dozed off was that a 16 year old kid whom I had told previously informed was not allowed on the property because I had an intuition about him that wasn’t good–he ended up stopping by and talking to my son and his 12 yr old friend. It is in the police report that this 16 yr old told my son and the other boy that to commit the crime they did was “fun” and he had done it previously himself successfully a few times. Mix that influence with kids with brain disease and you get TROUBLE- or in this case MEASURE 11. Whoever is saying we “Play the victim” DOES NOT REALIZE or isn’t aware that Measure 11 MAKES US with brain disordered kids the victims because there is no clause in Measure 11 that provides protection for them. AS I stated previously, there are locked psychiatric wards like the Christy School or Trillium with people qualfied to work with these kids. My son went from MacLAren to Hillcrest and back to MacLaren where he was shuffled from unit to unit because no one was qualified to dealo with him or they wouldn’t have done that with him.I know how tiring it is to care for a kid with a brain disorder but we keep trying because we love our kids UNCONDITIONALLY. So what happened was the victim who decided not to make a statement because he wasn’t hurt at all ended up either being talked into making a statement or the DA just decided she wanted to push Measure 11 on my son. I went to a conference before sentencing, I had all documentation for my son’s brain dysfunction -she could have chose compassion for a kid who had lived through hell most of his life – if not all of it- but instead she chose measure 11. It’s wrong for these kids – there needs to be a clause to protect them from this. As soon as my son turned 18 they shiped him off to Adult prison with NO HIGH SCHOOL DIPLOMA-they didn’t give him the chance to get it. Even one of the staff told me over the phone “WE DON”T KNOW WHAT TO DO WITH THIS KID.”I support my son in all his endeavors like trying t get a GED. No one from OYA called to let me know that my son was going to adult prison. It is a 5 hour drive to where he is. I visit when I can- at least once a month but I am unable to drive due to my own medical issues at this point so I have to pay someone to take me. It isn’t easy but I do it. My son doesn’t belong in adult prison-he needs help-prison is doing more harm than good. He tells me what he sees in there and it is not a place where he should be. Last time I visited he told me about a grown man who had raped a 20 yr old in there. This is the kind of stuff he sees. So he has to go to sleep at night worrying what will happen to him. He has changed a lot.My son belongs home – they put people in pridson for 3 yrs for murder in some cases but my son got 5 yrs and 10 mos for a verbal threat. What more is he going to see or learn in there? enough is enough- his brain is not wired like a “normal” kid. The connections are not all there. So what will happen when he gets out? I talk to him on the phone and he tells me he is scared to death of going outside when he is released.Because I dozed off for 1 hour at max, my son got talked into doing something that is putting him through evenmore abuse. He was picked on all his life by others for being different and now this. I know the reason he left with his 12 yr old friend and went with the 16 yr old was because he wanted to be accepted by his peers. Idf I hadn’t dozed off he wouldn’t be where he is. I could not afford someone to supervise him when I needed a break. I just kept going out of love for my child. He was always supervised by me except when I worked and his older sister stayed with him but she had to leave and work to support her family too in the mornings when I got home.And as for CVU I was also a victim od=f a crime by a 17 yr old-I did not want for this kid to be charged under Measure 11 no way-to me a measure 11 sentence is worse than the crime itself.I know the pain I know the suffering and furthermore no matter what we do they will not change it UNLESS their families get affected by it. I honestly believe that because they do not want to deal with it at all but there will come a day when they can’t just keep turning their backs -and I pray for that day to come soon.No one knows the pain of it until they experience it.
My son was inside 70 months….for a crime he didn’t do….but he came out a stronger more determined man. I know no one wants to hear that, but it is true….I have met and talked to many families/people that have people inside….there is almost always more to the story….give us your sons sid# and I can read through the documents and see if i can lead you to someone that can help.
How will you make sure this doesn’t happen again….when he comes home?
Maybe your son wasn’t developmentally disabled. I can’t guarantee anything now after all the garbage he has seen and heard in there and who knows what else he has learned from others in there.My nson’s side is exactly what is in the reports. He admitted to threatening. The 16 yr old admitted to being in possesssion of a knife and was sentenced to 7 and 1/2 years. That is the story- Because the older boy had a knife my son’s verbal threat became a Measure 11 charge.
And to add to all that I had to get sole custody of my son to get him awqay from a physically and emotionally abusive father so he has also been diagnosed with POST TRAUMATIC STRESS DISORDER. And seeing what he is seeing in there and going through doesn’t help-it’s causing MORE TRAUMA on top of his PTSD.
VG…
You are so right the punishment doesn’t fit the crime…Have you contacted NAMI?
Our reps including Gov….don’t have a clue to how cruel measure 11 really is. They would…. if a family or friend is charged..
I wish there were ways I could help..I do prayer for your family
I have contacted crime victims…with complaints regarding measure 11…Your story needs to told….a letter to the editor would help…Safety and justice….
The power of prayer is the best…
Zoraida, thanks for the mess. He lost his right to appeal when he took the deal. so the only way he could get out early is if they changed the measure. and yes I agree people shouldn’t call relatives to help they should call the police. The hole thing is messed up and very sad. Does anyone have any new news on whats going on? I live in WA so i don’t get to hear much about any changes. I wish there was a way to make this more public and out in the media..
No, my son is not disabled. My point is you don’t have to be mentally disable to be unjustly sentenced. They don’t just pick on one part of society, and measure 11 is so much bigger than just your/my son. If you focus on such a narrow spectrum….your son….you will get nowhere….that’s why telling your story here is ok, but telling it to the legislators is pointless….you have to look at the big picture….there are 14,360 people incarcerated in Oregon, do you think they, the legislators, have time for each person to tell just their story?? You have to join other people fighting the same fight, find out stats and info about % of mentally disabled people that are incarcerated….and what help and facilities do they have while they are inside and when they come out, what is the breakdown for recidivism for that group and how are they treated inside….it’s a huge job, but if you don’t do it no one else is interested. From much past experience, until you move forward, accept that your son is in prison and not getting out until his release date and figure out how to actually collect and present info on the group he is associated with, your not going to accomplish anything. It’s like everything else, it’s a huge job and every one has to work, or is/was sick, or what ever excuse they come up with. Measure 11 people don’t get the job done, simple fact.
It appears that your son has been diagnosed with several deficiencies, so what help has he gotten, how does he do in school, are there living environments that would be better/safer for him than living at home…..I do understand you need to sleep, but if this happens again, and it will if he doesn’t know better than to follow what other people tell him to do, it will be much worse for him/you because he will be a repeat offender..those agencies might be a great place to start with the stats you need to present to your legislator to actually start the ball rolling.
I am not trying to be hard on anyone….but it isn’t up to society to just put up with this type of crime and look the other way. We all have responsibility for our actions, and if under 18, the actions of our children, and we all need to teach our children that important lesson. If your son isn’t capable of assuming that responsibility, then he can’t be out on his own putting himself in the place to get into these problems.
It’s a big job for a single parent, I hope you will locate and accept help with him when he comes home. What year will he get out?
jeri
what does “thanks for the mess” mean….
with the new governor, who was always against mandatory minimums, at least there is an understanding of what the measure does, and how expensive it is to Oregonians….but you still have Crime Victims United who have paid people to sit in sessions to make sure no headway is made to change M/11.
We need someone like Steve Doell to be on our side, but then our side victimizes people, in most cases, and no one really wants to take the abuse that is handed out by the public that representing M/11 brings.
You can go online and look online Oregonian, or just search Oregon,measure 11 to find out any information.
Sorry things work out like it does for some of us….yes, us.
I think she is saying thanks for the message….mess
Jeri another good forum is prison talk..
zoraida, mess mean message,,, sorry, i am in the medical field and sometimes i shorten things. bad habit.
sure am glad for all the activity on the forum….you have to get involved and share new info, ideas, connections….it’s all so important. You have to keep currant, can’t just keep doing them same old stuff. Things are changing every day….we have to keep up.
I send everything I can find to Miss my brother so he can post it here…..I hope people are reading it and find info that might help them help their loved one inside.
They are voting today on hb 763…I hope it passes
Sharon, did it pass and share some information about what it is….
A mother I know, who is a Native American woman, is in jail for the next 5 years. She has served 2 already. She has a son who is caught in the foster care system. He has been moved so many times I cannot begin to count and has just been moved again because his adoptive parents thought his behavior was too difficult. So, much like a dog he was given back, again. His mother is all that he has. No tribe comes to claim him. He is lost and she is discarded like garbage. He was sodomized while in state care at age 7 by another boy who had previously molested two other little boys. I was in court and nobody seemed to care that this predator was going free. Nobody cared about the severe damage and trauma caused to the families. The boy who committed this crime will not even have to file himself in the state registry as a child molester when he is older because he was only 15 the 3rd time he was caught. The damage sustained by the families and the children has been intense. My friend’s child has been so damaged by the legal and child protective systems. His mother turned to drugs to cope and made very bad choices as a result. She has not hurt or killed anyone. She should hardly be punished as severely as a rapist or child molester, yet her sentence is far longer than if she had. I hardly think it is fair to classify her as a dangerous predator and treat her as such. I suspect this measure was passed to gain money for prisons at the expense of the tax payers, justifying the need for more beds to accommodate these broken mothers who have been often been lifelong survivors of abuse and victimization themselves. I DO think that people who are rapists, child molesters, and who commit violent crimes repeatedly must be stopped. However, when I look at the charges and punishment of measure 11 convicts in comparison to much more horrendous crimes involving rape and sodomy I see clearly that her crime was not nearly as evil as the things some people do and who are punished significantly less severely. I am shocked that measure 11 was ever allowed to pass. Measure 11 allows abuse of power and corruption of resources. Measure 11 promotes injustice and corrupts the supposed glory of this stupid stupid sentencing guideline. For the good of us all please repeal this measure. Stop building more prisons. If someone is not deemed safe, do not let them out. If someone is deemed safe, for goodness sake allow them to resume peaceful lives out here with the rest of us.
The best way to explain sb763 is go to oregon laws and rules…I’m still looking to see if it passed…
The question was, why do you want it to be passed. Your explanation and opinion please.
I know that on wed the 20th of May in Salem they where trying to pass a second look bill for measure 11 cases. I do not know if it passed, if anyone has information please share with us the results. What I understand is that half way through our childrens sentance they will be considered for early release.
Sorry I meant April 20th!!
DOES ANYONE HAVE ANY NEW INFORMATION TO SHARE WITH ME? I’M KINDA OUT OF THE LOOP BECAUSE I LIVE IN WA AND DON’T ALWAYS HEAR EVERYTHING THAT’S GOING ON IN ORE.THANKS FOR ANY INFO. MY BROTHER STILL HAS 4 YEARS OF HIS 7 TO GO. I WOULD LOVE TO SEE HIM GET OUT EARLY IF POSSIBLE.THANKS EVERYONE FOR ALL THIS INFO.
If anything were happen with Measure 11, believe me it would be on the news, in the papers….it would be a huge fight….it wouldn’t sneak by without everyone knowing about it.
Crime Victims United is a very strong group of VICTIMS, they would make sure any weakening of M/11 would be a media event.
Plan for your loved one to do all his time, that way if something does happen, you will be wonderfully surprised. I wouldn’t even dream that 50% good time would be on the table….
I AGREE ZORAIADA,
WE ARE EXPECTING MY BROTHER TO DO ALL HIS TIME. I JUST LIKE TO KEEP UP ON WHAT IS GOING ON. I WORK LONG HOURS SO THIS SITE IS GREAT FOR ME TO GET INFORMATION. IF YOU HAVE ANY OTHER SITES OR PLACES TO VISIT WHERE I COULD GET MORE THAT WOULD BE GREAT.
THANK YOU.
search Partnership for Safety and Justice….it’s the only one I know about. They don’t just focus on M/11, but there are several articles about reports etc….I think the web master does a great job of keeping everyone informed on what is going on.
For the opposition, search Crime Victims United….they are a very active group of victims that want strong laws like M/11.
It was in the paper. The colum was Peter Wong’s capital watch. Bill # SB 393, SB 394 interim committee. Allows second-look hearing for juveniles with mandatory minimum prison terms under measure 11 who have served half their sentences. If anyone knows if it was passed please inform us of the outcome. The public hearing was on April 20th at 8:30am. It was assigned to the Senate Judiciary Committee.
Here is the bill
76th OREGON LEGISLATIVE ASSEMBLY–2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { – braces and minus
signs – } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 968
Senate Bill 393
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor’s
brief statement of the essential features of the measure as
introduced.
Provides that offenders sentenced to mandatory minimum terms of
imprisonment for certain crimes committed when they were 15, 16
or 17 years of age are eligible for conditional release hearing
after having served one-half of sentence imposed.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to conditional release; creating new provisions;
amending ORS 137.707 and 420A.203; declaring an emergency; and
providing for criminal sentence reduction that requires
approval by a two-thirds majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 420A.203 is amended to read:
420A.203. (1)(a) This section and ORS 420A.206 apply only to
persons who were under 18 years of age at the time of the
commission of the offense for which the persons were sentenced to
a term of imprisonment, who committed the offense on or after
June 30, 1995, and who were { + sentenced to a term of
imprisonment + }:
(A) { – Sentenced to a term of imprisonment – } Of at least
24 months following waiver under ORS 419C.349, 419C.352, 419C.364
or 419C.370; { – or – }
(B) { – Sentenced to a term of imprisonment – } Of at least
24 months under ORS 137.707 (5)(b)(A) or (7)(b) { + ; or
(C) Under ORS 137.707 (2), for an offense other than
murder + }.
(b) When a person described in paragraph (a) of this subsection
has served one-half of the sentence imposed, the sentencing court
shall determine what further commitment or disposition is
appropriate as provided in this section. As used in this
subsection and subsection (2) of this section, ‘sentence imposed’
means the total period of mandatory incarceration imposed for all
convictions resulting from a single prosecution or criminal
proceeding not including any reduction in the sentence under ORS
421.121 or any other statute.
(2)(a) No more than 120 days and not less than 60 days before
the date on which a person has served one-half of the sentence
imposed, the Oregon Youth Authority or the Department of
Corrections, whichever has physical custody of the person, shall
file in the sentencing court a notice and request that the court
set a time and place for the hearing required under this section.
The youth authority or department shall serve the person with a
copy of the notice and request for hearing on or before the date
of filing.
(b) Upon receiving the notice and request for a hearing under
paragraph (a) of this subsection, the sentencing court shall
schedule a hearing for a date not more than 30 days after the
date on which the person will have served one-half of the
sentence imposed or such later date as is agreed upon by the
parties.
(c) The court shall notify the following of the time and place
of the hearing:
(A) The person and { + , if the person is a minor, + } the
person’s parents;
(B) The records supervisor of the correctional institution in
which the person is incarcerated; and
(C) The district attorney who prosecuted the case.
(d) The court shall make reasonable efforts to notify the
following of the time and place of the hearing:
(A) The victim and { + , if the victim is a minor, + } the
victim’s parents or legal guardian; and
(B) Any other person who has filed a written request with the
court to be notified of any hearing concerning the transfer,
discharge or release of the person.
(3) In a hearing under this section:
(a) The person and the state are parties to the proceeding.
(b) The person has the right to appear with counsel. If the
person requests that the court appoint counsel and the court
determines that the person is financially eligible for appointed
counsel at state expense, the court shall order that counsel be
appointed.
(c) The district attorney represents the state.
(d) The court shall determine admissibility of evidence as if
the hearing were a sentencing proceeding.
(e) The court may consider, when relevant, written reports of
the Oregon Youth Authority, the Department of Corrections and
qualified experts, in addition to the testimony of witnesses.
Within a reasonable time before the hearing, as determined by the
court, the person must be given the opportunity to examine all
reports and other documents concerning the person that the state,
the Oregon Youth Authority or the Department of Corrections
intends to submit for consideration by the court at the hearing.
(f) Except as otherwise provided by law or by order of the
court based on good cause, the person must be given access to the
records maintained in the person’s case by the Oregon Youth
Authority and the Department of Corrections.
(g) The person may examine all of the witnesses called by the
state, may subpoena and call witnesses to testify on the person’s
behalf and may present evidence and argument. The court may
permit witnesses to appear by telephone or other two-way
electronic communication device.
(h) The hearing must be recorded.
(i) The hearing and the record of the hearing are open to the
public.
(j) The question to be decided is which of the dispositions
provided in subsection (4) of this section should be ordered in
the case.
(k) The person has the burden of proving by clear and
convincing evidence that the person has been rehabilitated and
reformed, and if conditionally released, the person would not be
a threat to the safety of the victim, the victim’s family or the
community and that the person would comply with the release
conditions.
(4)(a) At the conclusion of the hearing and after considering
and making findings regarding each of the factors in paragraph
(b) of this subsection, the court shall order one of the
following dispositions:
(A) Order that the person serve the entire remainder of the
sentence of imprisonment imposed, taking into account any
reduction in the sentence under ORS 421.121 or any other statute,
with the person’s physical custody determined under ORS 137.124,
420.011 and 420A.200.
(B) Order that the person be conditionally released under ORS
420A.206 at such time as the court may order, if the court finds
that the person:
(i) Has been rehabilitated and reformed;
(ii) Is not a threat to the safety of the victim, the victim’s
family or the community; and
(iii) Will comply with the conditions of release.
(b) In making the determination under this section, the court
shall consider:
(A) The experiences and character of the person before and
after commitment to the Oregon Youth Authority or the Department
of Corrections;
(B) The person’s juvenile and criminal records;
(C) The person’s mental, emotional and physical health;
(D) The gravity of the loss, damage or injury caused or
attempted, during or as part of the criminal act for which the
person was convicted and sentenced;
(E) The manner in which the person committed the criminal act
for which the person was convicted and sentenced;
(F) The person’s efforts, participation and progress in
rehabilitation programs since the person’s conviction;
(G) The results of any mental health or substance abuse
treatment;
(H) Whether the person demonstrates accountability and
responsibility for past and future conduct;
(I) Whether the person has made and will continue to make
restitution to the victim and the community;
(J) Whether the person will comply with and benefit from all
conditions that will be imposed if the person is conditionally
released;
(K) The safety of the victim, the victim’s family and the
community;
(L) The recommendations of the district attorney, the Oregon
Youth Authority and the Department of Corrections; and
(M) Any other relevant factors or circumstances raised by the
state, the Oregon Youth Authority, the Department of Corrections
or the person.
(5) The court shall provide copies of its disposition order
under subsection (4) of this section to the parties, to the
records supervisor of the correctional institution in which the
person is incarcerated and to the manager of the
institution-based records office of the Department of
Corrections.
(6) The person or the state may appeal an order entered under
this section. On appeal, the appellate court’s review is limited
to claims that:
(a) The disposition is not authorized under this section;
(b) The court failed to comply with the requirements of this
section in imposing the disposition; or
(c) The findings of the court are not supported by substantial
evidence in the record.
SECTION 2. ORS 137.707 is amended to read:
137.707. (1)(a) Notwithstanding any other provision of law,
when a person charged with aggravated murder, as defined in ORS
163.095, or an offense listed in subsection (4)(a) of this
section is 15, 16 or 17 years of age at the time the offense is
committed, and the offense is committed on or after April 1,
1995, or when a person charged with an offense listed in
subsection (4)(b) of this section is 15, 16 or 17 years of age at
the time the offense is committed, and the offense is committed
on or after October 4, 1997, or when a person charged with the
offense described in subsection (4)(c) of this section is 15, 16
or 17 years of age at the time the offense is committed and the
offense is committed on or after January 1, 2008, the person
shall be prosecuted as an adult in criminal court.
(b) A district attorney, the Attorney General or a juvenile
department counselor may not file in juvenile court a petition
alleging that a person has committed an act that, if committed by
an adult, would constitute aggravated murder or an offense listed
in subsection (4) of this section if the person was 15, 16 or 17
years of age at the time the act was committed.
(2) { + (a) + } When a person charged under this section is
convicted of an offense listed in subsection (4) of this section,
the court shall impose at least the presumptive term of
imprisonment provided for the offense in subsection (4) of this
section. The court may impose a greater presumptive term if
otherwise permitted by law, but may not impose a lesser term.
{ – The person is not, during the service of the term of
imprisonment, eligible for release on post-prison supervision or
any form of temporary leave from custody. The person is not
eligible for any reduction in, or based on, the minimum sentence
for any reason under ORS 421.121 or any other provision of
law. – }
{ + (b) Except as otherwise provided in ORS 420A.203, a
person sentenced under this section is not:
(A) During the service of the term of imprisonment, eligible
for release on post-prison supervision or any form of temporary
leave from custody; or
(B) Eligible for any reduction in the minimum sentence for any
reason.
(c) + } ORS 138.012, 163.105 and 163.150 apply to sentencing a
person prosecuted under this section and convicted of aggravated
murder under ORS 163.095 except that a person who was under 18
years of age at the time the offense was committed is not subject
to a sentence of death.
(3) The court shall commit the person to the legal and physical
custody of the Department of Corrections.
(4) The offenses to which this section applies and the
presumptive sentences are:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(Murder, as defined in
ORS 163.115…300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS 903months
(D) Manslaughter in the
first degree, as defined
in ORS 163.118120 months
(E) Manslaughter in the
second degree, as defined
in ORS 163.125.75 months
(F) Assault in the first
degree, as defined
in ORS 163.185.90 months
(G) Assault in the second
degree, as defined
in ORS 163.175.70 months
(H) Kidnapping in the first
degree, as defined in
ORS 163.235….90 months
(I) Kidnapping in the second
degree, as defined in
ORS 163.225….70 months
(J) Rape in the first degree,
as defined in 100 months5
(K) Rape in the second
degree, as defined in
ORS 163.365….75 months
(L) Sodomy in the first
degree, as defined in
ORS 163.405…100 months
(M) Sodomy in the second
degree, as defined in
ORS 163.395….75 months
(N) Unlawful sexual
penetration in the first
degree, as defined
in ORS 163.411100 months
(O) Unlawful sexual
penetration in the
second degree, as
defined in ORS 753months
(P) Sexual abuse in the first
degree, as defined in
ORS 163.427….75 months
(Q) Robbery in the first
degree, as defined in
ORS 164.415….90 months
(R) Robbery in the second
degree, as defined in
ORS 164.405….70 months
(b)(Arson in the first degree,
as defined in
ORS 164.325, when
the offense represented
a threat of serious
physical injury90 months
(B) Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670….70 months
(C) Compelling prostitution,
as defined in O70 months7.
(c) Aggravated vehicular
homicide, as defined in
ORS 163.149…240 months
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(5) If a person charged with an offense under this section is
found guilty of a lesser included offense and the lesser included
offense is:
(a) An offense listed in subsection (4) of this section, the
court shall sentence the person as provided in subsection (2) of
this section.
(b) Not an offense listed in subsection (4) of this section:
(A) But constitutes an offense for which waiver is authorized
under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain
jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the
court shall consider the criteria for waiver in ORS 419C.349. If
the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does
not retain jurisdiction, the court shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(B) And is not an offense for which waiver is authorized under
ORS 419C.349, the court may not sentence the person. The court
shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(6) When a person is charged under this section, other offenses
based on the same act or transaction shall be charged as separate
counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated murder or
offenses listed in subsection (4) of this section. If it appears,
upon motion, that the state or the person charged is prejudiced
by the joinder and consolidation of offenses, the court may order
an election or separate trials of counts or provide whatever
other relief justice requires.
(7)(a) If a person charged and tried as provided in subsection
(6) of this section is found guilty of aggravated murder or an
offense listed in subsection (4) of this section and one or more
other offenses, the court shall impose the sentence for
aggravated murder or the offense listed in subsection (4) of this
section as provided in subsection (2) of this section and shall
impose sentences for the other offenses as otherwise provided by
law.
(b) If a person charged and tried as provided in subsection (6)
of this section is not found guilty of aggravated murder or an
offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense
for which waiver is authorized under ORS 419C.349, the court,
upon motion of the district attorney, shall hold a hearing to
determine whether to retain jurisdiction or to transfer the case
to juvenile court for disposition. In determining whether to
retain jurisdiction, the court shall consider the criteria for
waiver in ORS 419C.349. If the court retains jurisdiction, the
court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court
shall:
(A) Order that a presentence report be prepared;
(B) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(C) Enter an order transferring the case to the juvenile court
for disposition under ORS 419C.067 and 419C.411.
SECTION 3. { + (1) The amendments to ORS 137.707 and 420A.203
by sections 1 and 2 of this 2011 Act apply to crimes committed
before, on or after the effective date of this 2011 Act.
(2) If a person described in ORS 420A.203 (1)(a) is sentenced
before the effective date of this 2011 Act, the provisions of ORS
420A.203 and 420A.206 apply to the person except that, if, on the
effective date of this 2011 Act, the person has served more than
one-half of the sentence imposed or the person has less than 90
days to serve before the person will have served one-half of the
sentence imposed:
(a) The Department of Corrections or the Oregon Youth
Authority, whichever has physical custody of the person, shall
file the notice and request for a hearing described in ORS
420A.203 (2)(a) with the sentencing court no later than 30 days
after the effective date of this 2011 Act; and
(b) Upon receipt of the notice described in paragraph (a) of
this subsection, the sentencing court shall schedule a hearing as
soon as practicable. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
It appears that the bill has only been introduced. no voting, it sounds like it hasn’t been to committee yet.
If you search Oregon SB 393 you can follow this bill.
Everything is on the web site, just put in what ever bill you want to know about and it all comes up.
IF you find something different,. please post.
Jeri:
I am in Calif. with a son in the ODOC. In addition to Partnership for Safety and Justice, as well as this site, I regularly read The Oregonian online for opinions, updates in legislature, etc. You might also want to contact CURE, which has monthly meetings in Oregon (and possibly WA) for families of incarcerated. I wish you well.
Hello,
Measure II has it’s ups and downs and I can say that because I was charged and convicted with Measure II in May of 1998 for a crime I committed in April of 1997. Originally, I was incarcerated at a youth correctional facility on a suspended sentence for juvenile charges and was ready to be released and sent back to my group home but for some reason I could not get my head on straight and decided to plan to escape with my room-mate … Without going into extreme detail the plan was for me to sneak out of the room and hide in the bathroom before our door was locked and then hit the staff member in the head on one of her checks with a lead pipe we got off of our bunk beds and then let my room mate out. Luckily (as in nobody got seriously hurt), I was a chicken and not violent in the least bit and could not go through with the plan. Unfortunetly, I was in the bathroom and trying to get my room mate to have the staff member open the door for a bathroom call so I could sneak back in with the pipe and did not realize the staff member was coming down the hall. Suffice to say, we both shocked each other when she was in front of the bathroom door and I dropped the pipe which hit her on the wrist and then Campus Security came and took me and my room mate to the quiet room until we were transferred to a detention center for 4 months and then sent back to the same correctional facility. My room mate (co-defender) was released shortly after while I was sent to the violent offender cottage to await trial. 1 year and 1 month later I was convicted of Assualt II and sentenced to 70 months incarceration. I spent a total of 7 years and 4 months incarcerated because I did not receive time served while awaiting trial. Measure II was fairly new at the time and there was not a possibility of a second look for me so I settled in for the long haul.
I used my time to graduate high school and complete many college classes (via long distance education) for which I know I would have never completed if I was on the “outs”. I was also required (like all violent offenders in juvenile corrections) to complete every group there was avaliable more than once and complete the in depth violent offender treatment. Because I completed most of the time at the same facility that I committed my crime all the staff knew me and I became very close with many of thm and the other (FACD youth: From Adult Corrections Department). Some staff told me and some staff only implied that there was no reason I should have been charged and setenced for Measure II and so I spent a lot of my time dealing with outside issues that brought me there in the first place instead of the “violent offense” I committed. I am fully rehabilitated and have lived on the “outs” since early 2004.
Measure II is harsh and seems to be unjust in many ways. I am lucky because I look at it as though there was nothing I could do to make it go away and why not make the best out of it. I watched a lot of other people get visits from their family every week or at least once a month and for the most part I looked forward to a weekly phone call to my family and an occasional visit. I would not have it any other way because my family lived far away and they could not be expected to stop their lives because I made poor choices. It didn’t make it hurt any less though.
I guess you guys think I am for Measure II because of how I am writing but I am not for Measure II as it stands. I believe that when you are barely 16 years old and incarcerated until you are 23 a person will struggle for their whole lives. There has been many times and incidents that I have wished to be back “in” because life is so much easier inside than to actually have to deal with simple tasks that you never learned about on the inside but is expected of you on the outside. I completely agree that every individual needs to take responsibility for their actions and if unable to do that they must be held accountable in another way. This is just not the way. At least from my perspective.
Recently, I applied for an apartment (a low-income apartment) and they denied me because of this crime that can NEVER be expunged even though I completed all of my time and post-prison supervision and all of the treatment groups I was required to complete. Not to mention, I have been out for over 7 years and have not committed ANY crimes. At every job I have ever applied for I would have to fight to prove I am a good person and worthy of the job. Some I was able to overcome and do an excellent job and other’s I was not given a chance because of this crime.
I hope this has helped enlighten some of you and I also help that things change soon because this has impacted SO many people and has not been for the best for ANYONE.
Brandi:
I am so glad you wrote about your experience in prison. I am so proud of you. You have accepted responsibility for bad decisions, took advantage of help that was available and are a much better person.
I am sorry that the general population won’t move on with you and give you that second change you so deserve. That is how people are, they read about offenders going back into the same lifestyle, they haven’t accepted responsibility for their actions and many times are not the type of person you want for a tenant. You are paying the price for lessons learned by landlords and employers.
I am going to see if you and the manager of this page can communicate and if so, I will share some names and numbers of people I know that might be able to help with housing. Hopefully you two can communicate….if you read this and want the information we will have to figure out how to connect up.
Brandy,
Your attitude is amazing. You should be very proud of yourself.
There is a senate bill now 763, talking about expungments. I haven’t followed it well tho..Keep up your good spirts
my son is doing a 5 yr 10 months for a robbery and because of measure 11 he will do everyday of it as you all know but then today i see that oregon may be releaseing up to 30 killers on early release but no matter what my son dose he cant that is so messed up no one was hurt he had never been in trouble before and first time in trouble dose almost 6 yrs but the others will get out early for killing someone this stae is so messed up with its so called justice benn in oregon all my life but now i hate it here for simple fact our courts are so screwed up ty all for letting me vent good luck to you all in the same boat
Tim, could you provide the documentation on the 30 murders getting out. I am still pretty active….son’s been home 6 years….and I have called several people I thought would know about this and no one seems to….there is a lot of misinformation regarding prisons and inmates. I want to make sure this is accurate info….
Thanks Z
Found the article Tim was referring to….these people MIGHT get parole after 20 years of incarceration.
Killers who may win earlier release from prison
Published: Tuesday, May 03, 2011, 9:43 PM
The Oregonian Editorial Board By The Oregonian Editorial Board
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prison.JPGView full sizeThe Associated PressA correctional officer mans a tower at Oregon State Penitentiary in Salem.
It never seemed part of the deal when Bryan Mikesell, Pepe Rivas and Kevin Roper were convicted of aggravated murder and sentenced to life imprisonment that they might walk before serving their minimum mandatory sentences of 30 years. But it’s possible now, and more than 200 other killers serving life sentences in Oregon may find themselves at the parole board table to discuss their walk to freedom after as few as 20 years of time served.
It doesn’t matter that Mikesell was convicted for shooting a Polk County farming couple to death. Or that Rivas executed an ice cream server in Tualatin. Or that Roper tied a man to a pole in Southeast Portland and beat him fatally with an ax handle. What matters is that the Oregon Board of Parole and Post-Prison Supervision decided each of these men could be rehabilitated and paroled — and that the Oregon Supreme Court says any such determination overrides their 30-year minimum sentences.
But the parole board hadn’t ever seen it that way. The board was stuck in its historical practice of hearing inmates after 20 years’ time on their fitness for rehabilitation and release at some unspecified later date — and it believed, as The Oregonian’s Les Zaitz reports, it had no power to release anyone before 30 years were up.
But it does. The state’s high court made it clear earlier this year in a ruling that applies to murders before 1999.
It could make for a difficult summer and fall. Mikesell, Rivas and Roper are among 30 killers already declared by the board eligible for parole but denied release. Now, owing to the court’s finding, all 30 are scheduled to show up for new hearings starting in July, eager to beat the 30-year minimum. While no inmate ever enters a hearing entitled to a release, it seems clear some could be set free this year.
Long term, we do not see an exodus of the unfit and dangerous to the streets. But the parole board, with just three of its five positions filled owing to budget constraints, faces a mountain of work over the next 15 years as it judges the capacities of more than 200 convicted killers eligible for release after 20 years.
Going forward the board will need to show extraordinary care in its assessments. And it will need to do so in a manner that assures murder victims’ families as well as prosecutors that justice in each case is not undercut.
This will take some believing, most understandably by aggrieved families. The board’s recent history reflects caution — fewer than 30 percent of all prisoners eligible for release in 2010 were released. And recidivism is low among those whom the board chooses to return to the street — just four of 42 prisoners released in 2007 have committed new felonies, all of them property crimes.
But shorter prison terms for pre-1999 murderers could throw the balance, and the parole board’s proceedings will increasingly be a test for Oregonians. The board will need to get it right, and so, too, will we all as the Legislature scrambles to find money to pay for a corrections system that held 3,000 inmates in 1980 but more than 14,000 in 2010.
It’s a time for careful, measured steps as we balance corrections with our resources — and the parole board balances the public’s interest with those of killers invoking their rights.
SB763 has been re-referred back to the Senate Judiciary Committee…It’s not going anywhere this session ):…
My husband is being falsely accused by My oldest daughter of molestation. He is being charged with sodomy, attempted rape, sexual abuse, unlawful penetration, and coercion. My daughter is lying and has been blackmailing us for 3yrs that if she didn’t get what she wanted she would just get rid of my husband. I couldn’t take it anymore it was straining our marriage I went to the police to prove blackmail and all my words have been twisted and my husband arrested. we have 3 other children I don’t know what to do? My husband is implying that CPS will try to take our kids away and the DA will coerce me in anyway to get me to say bad things about my husband and he is very scared for our family. I will never say a bad thing about him we have been together 16yrs and he is a wonderful husband he has never lied to me. I have nothing but good things to say about him and I know he is innocent. He has no criminal history is an upstanding community member and has worked for the school district for 11yrs without any incidents or problems. He is a wonderful man a good husband and devoted father. His public Defender won’t tell me anything and it seems he only tells my husband bad Things. I am very lost and confused our three children miss their Dad. An innocent man is sitting in jail and is looking at 25yrs to life for the lies of My oldest daughter.
Please help Anyone know a good measure 11 attorney for Southern Oregon? He goes to court June 8th 2011 to plead NOT GUILTY but he needs a better attorney for trial. Anyone who can help Please E-mail me fire_angel_andi@yahoo.com
Thank you Andrea Henry
Nation losing faith in second chances: Former gang members face a life sentence of joblessness and hardship
Published: Monday, May 16, 2011, 10:47 AM Updated: Monday, May 16, 2011, 11:02 AM
Guest Columnist By Guest Columnist
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Lorenzo had a hard time concealing his nervousness. Standing in front of a large room packed with Boeing employees in late March, the tall, lanky black gang member described the arc of his life. At 22, he had spent nearly a third of his life incarcerated.
Peering out of his round, black-rimmed glasses, he talked about his seven months at Homeboy Industries (the largest gang re-entry program in the country), and about how he had moved quickly from the janitorial team to become an assistant in the accounting department. “I used to steal money,” he said. “Now I’m counting it.”
I had the honor of witnessing Lorenzo’s seven-month journey from convict to accounting assistant, watching as he became the young man God had in mind when he made him. But despite his remarkable turnaround and the many things he had to offer an employer, Lorenzo’s prospects for finding a job outside our program were dim.
Opportunities for second chances are few for people like Lorenzo. Homeboy Industries is about the only game in town. Most employers just aren’t willing to look beyond the dumbest or worst thing someone has done.
Another “homie” recently came to me for help after, for the third time, he was let go from a job because his employer had discovered he’d done five years in prison. He told me the boss said, “You’re one of our best workers, but we have to let you go.” Then, with a desperate sadness, the young man added: “Damn, G. No one told me I’d be getting a life sentence of no work.”
The business of second chances is everybody’s business. We lose our right to be surprised if we refuse to hire folks who have taken responsibility for their crimes and have done their time.
Even in this alarming economic climate, where the pool of prospective employees is larger than ever, we need to find the moral imperative as a society to secure places in our work force for those who just need a chance to prove themselves. This can’t be the concern only of a large gang rehab center; it must also be part of our collective response to keep our streets safe and our communities healthy.
As a society, we come up lacking in many of the marks of compassion and wisdom by which we measure ourselves as civilized.
We are among the handful of countries that has difficulty distinguishing juveniles from adults where crime is concerned. We are convinced that if a child commits an adult crime, that kid is magically transformed into an adult. Consequently, we try juveniles as adults. We still execute people. And we belong to a small, exclusive club of countries that brands felons forever and denies them voting rights, access to employment and, sometimes, even housing.
Delegations from all over the world visit Homeboy Industries and scratch their heads as we tell them of our difficulty in placing our people in jobs after their time with us. Americans’ seeming refusal to believe in a person’s ability to redeem himself strikes these folks as foreign indeed.
Waiting for a piece of legislation or an elected official’s change of heart would seem unwarranted. Instead, faith communities and networks of employers need to create a groundswell that will afford opportunity to a population long shut out and denied a chance at redemption. And because gang involvement has always been about a lethal absence of hope, making room in the workplace for those who have made mistakes could also make a big difference in our public safety. Such a movement could not be more timely, because jails and prisons in the state will soon begin to release large numbers of inmates to reduce prison crowding and save money.
The Boeing employees who witnessed Lorenzo’s testimony knew instantly that they were in the presence of a young man who was a whole lot more than his rap sheet. But two weeks after his talk, Lorenzo was gunned down in a club — the 175th young person I’ve had to bury in my 25 years working with gang members. Tragically, his death came at the point in his life when Lorenzo had finally begun to imagine his future and not his funeral, though he knew that society’s labels would limit him and weigh heavily.
The mark of our society as civilized will come when we embrace confidence in the power of redemption.
Gregory J. Boyle
Boyle, a Jesuit priest, is executive director and founder of Homeboy Industries. He is the author of “Tattoos on the Heart: The Power of Boundless Compassion.” He wrote this piece for the Los Angeles Times.
Bad things happened to my family.
I HATE MEASURE 11
Don’t let yourself be coerced by LE…Legally they are allowed to lie.
I think there are very few attorney’s that help with measure 11.
We paid 17,000. only to receive a plea! Had we gone to trial…The odds against winning were not good!! The DA’s rule…We need our judges back in court!! Why would your daughter lie?
All measure 11 attorney’s are in it ONLY for the money!!!
Does anyone know, is it common to have 3 judges hearing the same case?? Also a another ???…If a Docter rules the person with charges was deemed “NOT A SEX OFFENDER” why would he have to be listed as one????He was advised by attorney to see a DOCTOR…more money…The Docter claimed he was NOT A SEX OFFENDER…what gives????
Thank you, Sharon
I also hate measure 11. The law is very unjust. No one seems to care.
Meanwhile time goes by and so many families are being distroyed and lives are lost, my daughters included. So far she has served 7 years 3 months with almost 8 years left, it is absolutely criminal.
I just realized thier is another Sharon posting, so I will be Sharon A. if that is okay
My daughter unfortunately has always been a liar and from a young age has been physically, mentally and emotionally mean to my other 3 children. I don’t know why she is that way? my other 3 children are good well balanced kids who get good grades and play sports she is a complete opposite bad grades no interest in sports except one season of basketball and I only think she did that because her best friend talked her into it. I raised them all the same gave them all basically the same things and she somehow went a different direction? But the ages she is claiming are just impossible I was a very over protective stay at home mom and with four small children there just was never any privacy or quiet time and the kids always seemed to be together playing or watching TV if one kids got any kind of special attention the other 3 were there instantly wanting to know what was going on. what she is claiming is just not possible someone would have seen something I would have seen something. Besides I have been with my husband for 16yrs and this is just something he is not capable of ever. he is a wonderful husband devoted father and a hard working man who loves his family and in 16yrs this is a man who has never once lied to me or even laid a hand on me or the kids.
Measure 11 is ruining my family! We need our judges back! you are guilty until proven innocent that isn’t right. our justice system and law enforcement systems need some serious remodeling. How is it right for them to lie and coerce us in to lying to suit their needs. They have already lied to me to get me to say something bad but my husband is a good man and I don’t have a bad thing to say about him. it hurt me the things they were saying so I just asked them to leave and they did.
This measure is destroying my 13 year old’s childhood not to mention the rest of my family,all over false accusations with absolutely no evidence.There is something very suspiciously corrupt and inhumane about this ballot measure and those who are using it conveniently to destroy families.How come the credibility of the accuser is not taken into account? This is not justice! The people enforcing this law are the criminals here.This is not going to stop crime,but I can see this would turn people into criminals,especially irate victims of this measure.
I agree with you how come the credibility of the accuser is not taken into account. Measure 11 is destroying my 3 kids lives too their father has been taken from them recently because of false accusations of my oldest daughter who is a pissed off teenager who didn’t get her way and blackmailed us for 3yrs saying she would lie and get rid of him if we didn’t do what she wanted. She has always been a liar and has been physically, mentally and emotionally abusive to my other kids and verbally abusive to me and my husband since she was little. she has always hated us and was always looking for away out because we cared and were strict and gave her a curfew and a chore. WOW you can’t even parent these days without getting into trouble. So now we must prove she is lying and hope to free my husband soon? We will stand as a family in court and tell them the truth about her and her malicious evil lying ways. My husband is a good man a wonderful husband and a devoted father as well as an upstanding member of our community and he volunteers for so many things. Anyone who has ever known him or met him knows he is not capable of her lies and hopefully members of our community will have the guts to step forward and prove he is a good person and would never harm his family in any way, shape, or form. Measure 11 is wrong and I am quickly loosing faith in law enforcement and our justice system. Measure 11 ruins family’s. Measure 11 is proof of a corrupt justice system!!!
I dont have a measure 11 but I was convicted of a hit and run w/ injury and an assault 3 for spitting on a cop. I know I deserved the time but it was the degradation process of petty wages that got to me. I have come to terms with my sentencing even though I wish we were under another system altogether and I have accepted it. Hopefully we will once again get a lawful government and not a Giant Corporation out for money.
At age 16, my son was convicted for an “offense” that occurred when he was 14. He was given 2 counts of Measure 11 for a total of 16.8 years of incarceration.
Back in 1994 I actually voted for M11. Obviously I didn’t understand the impact it would have. Since this issue with my son, I have met dozens of others who said the same thing.
All it takes these days is for someone to make an accusation. There doesn’t even have to be any proof of a crime.
Measure 11 is disgusting. I have completely lost my faith in the legal system.
I was just reading a few more of the posts (as I didn’t have a chance to read them all before posting) and thought it may be important to mention that my son is also developmentally disabled. Imagine that.
So how should this have been handles? How should we deal with mentally disabled people that commit crimes against people?
Would you feel the same way if a mentally disabled person did the same crime on you?
In a perfect world, we should have seperate facilities for mentally disabled people. People who are wired differtly than most. The guards should be trained to handle people with mental issues, it cant be easy on the guards either. Ofcourse there is no money to do what is right so we will continue to do the wrong thing ,as with measure 11. I dont have the answers only a lot of questions…sigh
Yes…Sharon A. I too believe we should have seperate facilities!!!
I don’t believe it would cost any extra money….use a couple wings..shift a little bit…BUT take care of the Mentally and all disabled inmates.
DAA, I was in the same boat…the accuser’s went to the DA and lied!!
The DA took it gladly…He didn’t bother checking the accusers out!
Contact…NAMI ask them questions!
Zoraida – This SHOULD have been handled by evaluating the WHOLE situation including taking my son’s developmental disabilities into consideration rather that giving it a one-size-fits-all sentence.
And in fact, I WAS molested by a developmentally disabled boy (the babysitter’s son) when I was 4 years old. I didn’t tell anyone until I was a grown woman. I have no idea what happened to that boy. But I can say without doubt that he didn’t spend 17 years locked up for it. And I turned out pretty okay. Yes, I have issues, but I would not feel even a TINY bit better knowing that the boy who assaulted me was behind bars for most of his life.
Sharon – The DAs simply do not care whether the accusers lie or not. I know one incarcerated boy that is spending 6+ years locked up and they don’t have one shred of evidence that anything happened. This is just a game for the DAs. I will look into NAMI.
Thank you!
To everyone that has developmental disabled children, whether grown or under the age of 18.
I have been talking to care takers of developmental disabled people working in State Certified group homes. Also,my niece who is a Social Worker for Multnomah County….The question I am asking them is….#1 “If you are responsible for a developmentally disabled person, they are living in your home, when are your responsibilities to that person completed”….. the answer I am getting is ….”not until that person is placed in a different supervised situation.” #2 “Who is responsible for the well being and safety of the developmentally disabled person?” “The care giver”….”in the event a developmentally disabled person commits crimes that fall under sexual harassment, rape, inappropriate touching, talking about sexual things with people that are protected by laws aka under 18, how would/should this be legally handled….What I am told is…. Many people qualify through schools which have a different criteria than State certification, but schools can suggest and set up evaluation….but unless a parent or guardian has followed through, gotten certification for the person, that person has to follow the rules and can and should be charged and sentenced just like everyone else in society. Otherwise, anyone committing a crime can say they are developmentally disabled and does not pay their debt to society.
I have also spoken with a PO and an alcohol and drug counselor at Inverness….they both said that the attny representing a developmentally disabled person can have them tested to find out if they know right from wrong, can understand the questions they are asked, and can help in their own defense…..if the person fails those questions, they are not allowed to stand trial but put in a safe place until they have received help and can live in society, not harming anyone. The PO said that if while a person is incarcerated they display behavior or give any indication of a mental handicap, the County has them checked….as they don’t want law suits for inmates that have to be with unstable cellies or for the disabled person who truly does not understand what they did wrong. So to me the key that last comment is “know right from wrong”. If they know what they are/were doing is wrong….and continue on….they have to pay just like you and I would.
So it sounds like if your child, regardless of age, is developmentally disabled, it is up to the guardian or parent to see that they do not break the law….In a facility where they would be taken care of…if they sneak out of their facility at night, the police are called, if they display antisocial behavior, serious steps are taken to protect society…and from what the Social Workers I have spoken to said….it is a huge job which is why the dysfunctional person should be placed somewhere where 24 hour professional care can be given to keep them and us safe.
DAA/Sharon,….How it works is the DA presents the evidence to the Grand Jury …the Grand Jury decides if there is enough evidence to go forward….the Grand Jury is called from the population just like regular jury’s are. I know DA talk to witnesses and can encourage them to say things in a leading way….but it is 12 people like you and me that makes the call…..there cannot be not one shred of evidence….can’t happen. The evidence they are presented might not be accurate….but it is presented none the less.
I have a personal friend that just got out of prison on a sex abuse charge that was not true….but he plead in order not to get a M/11….he spent 8 years inside….
I hope this does not offend anyone, who ever doesn’t care what I have to say can just blow it off and go on….I know it’s hard to deal with a family member incarcerated….we did 5 years 10 months with our son….but we did it and now we are done….6 years free and counting….
All DA’S are evil…..They could care less….They believe all accusations…to get a notch on their belts….I pray all the time for measure 11 to be reformed/appealed.
Does anyone know if it’s common to have 3 different judges for the same crime…tells me the judges don’t have a say!!! Why are they there? They can’t help
Just got an amazing email from the Mother of 2 lifers at OSP, she was sharing good news. One of her sons is graduating with a double major and a 4.0 GPA.
How amazing is that….just like in life, you get out of prison what you want to.
Sharon, you’re talking about elected office. We the people demand results from our Sheriff’s departments, DA’s….they are only following our orders.
If you don’t like how things are being run, choose someone running for office that you agree with and support them. Do what you can to get them elected….don’t let everyone else do it….be part of the solution. It’s fun and rewarding…..
There is more than one way to beat measure 11….head on probably won’t do it….sometimes you have to go after things from other directions.
Zoraida –
I know that everybody’s situations are different, but I must be clear. I absolutely agree that the caregiver should be responsible for the person that is developmentally delayed. My son’s stepmother should have been supervising ALL her children instead of leaving her 2 young daughters alone with a 14 year boy! Anybody probably could have figured that one out. Instead, she pretty much set him up. I would LOVE to see HER paying the price for this by going to jail and see ALL the children go to counseling. Now this same mother leaves her 15 year old developmentally delayed daughter alone to babysit her two young, developmentally delayed sons. I just can’t WAIT to see what happens when something bad goes down next.
It was not a jury that decided my son’s case. The lawyer didn’t want to work on the case and convinced him to plead. The poor boy didn’t have a CLUE what he was doing! The lawyer refused to speak with the parents. He refused to have the boy tested or look at his medical records. We had NO money to get another attorney. Our hands were tied. It WAS the DA who got her way. And she was a bee-atch!
I came to this site looking for support. I didn’t come here to be berated. I understand that people may have no sympathy for someone in my situation. That’s fine… you don’t have to. I didn’t come here begging for someone to help me get my son out of jail. I came here to see what I could do personally to help change Measure 11. I told my story here because this page is called “Your Story”.
So really, I don’t need any put-downs or to be told that I should be grateful for what I have. What I NEED is to be told how I can HELP change the laws. That is what my understanding was when I came to this site.
You have a sad situation, no berating intended…wasn’t even referring to any one “story”. in particular.
There seems to be quite a lot of people with developmentally disabled children that don’t think prison is a reasonable result for a guilty verdict. I was/am interested in what could be done to help these young people….certainly not berate them….and the answers I got from these professionals is what I posted. The help comes before the problem, afterward right or wrong, they are subject to the same laws and punishment as we all are. It certainly does seem like it would be a huge responsibility for an untrained caregiver….
Is there any way you can report this woman to a State child protective agency or find out where she can go to get training for these kids? . All of those children need to be protected, not set up. I am very alarmed with this situation and what the results could be from “what happens when something bad goes down next”.
I guess what each of us forgets is measure 11 is not about you individually….it’s about the big picture….
There is really nothing going on right now to reform measure 11. Have you gotten in touch with your representative…State level not Federal level as they have no control over State laws….
Write, not your personal story, but why you think measure 11 is hurting the State, taking money from schools, elder care, mental health help, preying on DD people and think about what might be a solution to the problem….what ever you think might help DD people instead of locking them up.
I do believe the care givers should be trained to keep the developmentally disabled (DD) safe and the public safe from them as well, and caregivers should be held responsible when they don’t live up to their responsibilities.
I belong to Partnership for Safety and Justice, but they are spread over 3 or 4 states and are not really working on mandatory sentencing….are there mental health groups or advocates you could contact to get information on how to help all DD incarcerated, not just your inmate? We can’t always hit a problem straight on, sometimes we have to circle the issue and attack from a different perspective.
If you come up with ideas, or options to help with this problem, please share as there are several people on this blog that might join to help you to make a difference,
Many times the caregiver’s are only in it for the MONEY, just as they are for the elderly…
All mentally ill people don’t always know right from wrong. Their brains don’t operate the same as a normal person… Don’t get me wrong, they don’t realize the enormaity of situations..They should not be sent to prison for a 1st time offense. It would cost way to much money to defend a mentally ill person…ocd/adhd
NAMI is a good support group…
I never voted for it. I knew it was an easy fix to locking people up for longer in order to reduce the crime rates. I would vote for rehabilitation-drug treatment-Mental Health Treatment and number one and most important…Employment Programs but never would I vote for Measure 11. I wouldnt catch one either.
I dont want to sound mean or anything but measure 11′s are worse than you think. The 70 months you do upstate is the least of your worries Im afraid. The aftermath after you are released is the worst part of the sentence. See our system has Negligent Hiring Laws that state an employer can be sued if they hire a person with a person to person crime and they hurt someone. So there is no chance of working for a corporation-government and most small businesses. Its a public safety issue and we are in a recession so job stability isnt that probable. I would have to explain it as an unemployment wave. I wish everybody with a family member with a measure 11 the best of luck in the recovery process and I pray that yours will have an employment program or a lucky break upon their release. God Bless You All! (Six years after release) Its always better to try and fail than never try at all.
Id like to elaborate a little more on the subject because i consider it my area of expertise. I graduated Chemeketa and I independently studied law for 3 years. First off we are stereotyped as being dumb and there is a high recidivism rate amongst felons with person to person crimes, its like 75% which is a pretty large number but it is from my understanding that we have a de facto government rather than the de jure method I would prefer. You probably would think our government is failing but it is my belief based on law that they are succeeding because they draw bond interest which is out of the bond that our monetary system is based while your family member is incarcerated, making it extremely profitable. Now say your Measure 11 entity gets out of prison and commits a drug crime for finanacial gain and gets caught he will get convicted and rather than clear up the problem(financial) they will give a drug treatment program as a requirement for the rehabilitation process.
So education: I would recommend something like welding or mechanics because these things can be profitable outside of a company if they dont have the ability to find employment. A business degree is hard to use and they wont allow felons to pass the British Accredited Regency exams.
Oh and Oregon leave them kids alone! man give a kid a chance to grow up before you destroy his entire life. Can he learn the law before you destroy a man?
Thank you for responding to measure11! It is totaly beyong sad, when a 16 yr old boy has to live as a sex offender(having sex with his girlfriend 13). He did break the law… because he was reported by vindictive grandparents…and corerced by police with no parent present! but after the courts had him go through a doctor who claimed he was not a sex offender…he still has the burden of the title…
Thats so messed up sharon. Now hes going to be all messed up in the head because of the state. I feel sorry for your son. Keep him away from government corruption when he gets out.
Tom, that’s where parents come in….boys 16 shouldn’t be having sex with girls 13 or any one else for that matter….Parents/guardians should know, that is unacceptable. If it were my 13 year old daughter, he would be lucky to only get prison time….know what I mean?
Ok, now you can start with all the ” how judgmental I am crap” bring it on…our children are to be taught and protected….seems neither was done for either of these CHILDREN….
I am the parent of 2 young men.
Teenage sex is rampant. Yes, even at 13! Of course most parents/guardians don’t find it acceptable!! Teen sex is there, has been forever and will be. If both children were unprotected and taught, why does the boy have to take the punishment?? Why should he have be labled a SEX OFFENDER?
I don’t believe your Judgmental, I believe you haven’t done much studying on teen sex or abortions dating back to the 50′s.
I don’t believe most teens are aware of measure11.
Someone, judge, da should have noted the girl did not want her guardians to pursue.
I think the parents of the 13 year old girl should receive child negligence charges for having a promiscuous daughter and not controlling her or teaching her the right thing.
Your grandson has been out for a while….what has he done to move forward?
Drugs are rampant too, that doesn’t mean it’s okay for people to participate….
We can make all the excuses in the world….the bottom line is….we make choices and we have to live with the repercussions.
One of the reasons measure 11 reform never goes anywhere is the people involved never do anything but whine. Lets hear some positives.
The boy is doing very good. Has a good job for the last two years.Has gone to school!!!! Has always attended church
Nothing is positive regarding measure11. I don’t consider telling your side of story whining!
The girl begged her guardians to let it go. If judges were able to make a decision, it would be a completely different story. Had we brought up the girl and guardians past it would have been a different story.If we had to do it over again I would have hired a better attorney and used everything.I used one I found in the yellow pages .(panic) There are many, many lawyers wanting your business for a measure11 crime. I should have looked harder!
Our family was devastated, we were not familar with measure11.
It simply not fair the boy has to labeled a sex offender.
There are no good laws for rampant drug use. The law for teenage sex is way, way to strick and cruel!!!!
I got to be honest I didnt make it as a felon. I was able to get jobs the first few years but once my probation was up I couldnt find any more work. I still have nice things I got a General Studies Degree and I have been able to adapt to a free lifestyle of living, I still get nice things but they are at the governments expense. I hope one day all felons have the opportunity to explore their dreams and hopefully make it where they can have those juvenile records sealed.
Has anyone ever considered contacting NBC Dateline or CNN HLA or CBS 60 minutes to do an investigative story on the effects of Measure 11? This should be a national movement to get rid of it, not just among Oregonians. Also, requiring 10 out of 12 to convict is downright unconstitutional in only Oregon and Louisiana.
Would they seal a measure 11 offense?. What are the steps to seal juvenile records? I like your thinking. Is a attorney involved?
I like your thinking TOO Leonard. Which law in Louisana is the same as Oregon?
I am not law smart and have a short attention span, Thanks for patience.
Sharon….in 48 states, jury verdicts must be unanimous to convict…12 out of 12. In Oregon and Louisiana, only 10 out of 12 are required. In Oregon, it’s a horrible injustice to an already train wreck of public policy known as Measure 11. If anything, Measure 11 verdicts should be unanimous. Another Oregon law, and I don’t know how many other states have this, is that jurors can NOT be approached for comment following a verdict. They sure can in California.
My son was convicted of a Measure 11 crime that he did not commit, and by a vote of 11-1. At least one person had some doubt. Any shred of doubt should be enough to keep an innocent person from serving a mandatory minimum sentence. We’re now in the appellate process and it all takes so much time. There’s simply no closure in sight.
I never mentioned grandson….I said BOY!
Leonard, thanks for the info…wow I never knew that… I do know most charged with measure 11 take a plea…Your so right ANY shred of doubt should be enough. I hope your appeal goes in the right direction for you. So many defense attorneys are making money off of measure 11. In the yellow pages and on the internet they all beg for business to fight measure 11… Defense attorney’s know where the money is they don’t care. How brave of you to have a trial….If I knew then how it would have turned out I would have insisted on bringing up the girls past! I did question our attorney…he advised us it wasn’t a good thing….I have a friend who is a PI ….he told me afterwards we shoud have brought it all up…
Praying for you.
Sharon
Sharon,
Thank you for your prayers. You join hundreds of our supporters who witnessed this travesty of justice in our family. We had never had a reason to hire a lawyer prior to this. When we did, we thought we had a good one, but in hindsight, he wasn’t aggressive enough. We now have super lawyers working on the appeal in Portland. They’re pricey, but donations to my son’s defense fund have been overwhelming. It says a lot about their belief in his innocence. As for bringing up the girls past, we had a similar issue. Through an ongoing investigation, we now know that our son’s accuser lied to police, lied to her family, and lied on the stand…..could be related to Casey Anthony, for all we know! We now have more than enough to create reasonable doubt if this goes to retrial. It sickens us to no end, but we’re trying to stay strong on our son’s behalf, hoping and praying for justice every day. Again, thank you for your kind words.
Hello…
A very good site to visit http://www.disabilty.gov …. Tomorrow 7/14 at 1:00-2:00 et..they are having a virtual townhall….they ask to have questions submitted today by 6:00 et..Sorry info is late in coming, the site is a place to ask many questions…
Hi Leanord…..still in my prayers for you and all with measure 11 victims.
Hillcrest and Maclaren are both closing wings so they are releasing non measure eleven convicts. They are letting sexaffenders and kids that did assult and robbery out as long as they where not convicted under measure 11. They should look at what situations and the seriousness of the crimes and let the kids that have done well in the programs and that had less serious crimes out. It should’nt matter if they are measure 11 or not.
Sounds unprofitable to lose all that bond interest.
Measure 11 is a law voted in by the voting Oregonians….it would be illegal to let inmates sentences under M/11 out even one day early.
If you want it changed, work with your legislator.
in 2009 my roomate was rubbing his daughters belly in a movie theater because his daughter ask him to because her belly hurt then two teenage girls call police and the child sex abuse team the teen girls said he was rubbing his daughters nipples ,s so they took her to a cares facility and ask his 6 year old daughter how he baths her so what i want to say is in portland oregon fathers get 15 years in prison when they rub there kis belly and if they bath them thats sex abuse
Most make the wrong choices…It shouldn’t mean mandatory prison time. I have contacted all legislator’s to no avail!! It is one of the worst laws ever (cruel). I wish there were more attorney’s who also believe the law is cruel!! Most are in for the money! The DA’S are also in it for the MONEY! They love it…
What should people do?
I believe the reporting party’s also don’t have a clue, what the outcome can be….Some don’t care, most lie! I would love to sue the vindictive reporting pary for lieing…they lied on the victims statement….Why wasn’t the girl asked?? The vindictive reporting party was not the victim!!! The boy didn’t have a chance at the grand jury.
I felt sorry for the girl….Small town and was shunned from most of their friends , they knew it was common happening with classmates.. Most teens are not aware of measure 11
The DA’s should go to the school and explain measure 11…If he or she are to busy ….send a rep!
My heart and prayers goes out to ALL non-violent 1st time measure 11 charged and sent to prison …OMG how can we send offenders to jail who can’t earn good?…CRUEL..OMG how can we send offenders to prison with disibility’s.. Where are some answers to this cruel law??
Thanks for listening!
oops..forgot to say…this site is awesome!!
However if your child was charged with a measure 11, it means that the severity of the crime was higher than one with a similar crime that did not meet the Measure 11standards….. FYI: There are those who have committed measure 11 crimes and the Justice system has filed a lessor charge as well…. If you piss off the wrong person for doing their job chances are they aren’t going to go out of their way to help lighten the load….. If your child has committed a person to person crime and has a history of property crimes they’ll do the time simply because they are escalating in poor behavior….. If they lie about it they’ll be seen as being deceptive and consideration will fade a way as well….. Working with Juvenile Offenders I can tell you that the majority of offenders have common link in their history 1) parents in trouble with the law…. 2) Parents are unavailable when the child was younger, if you don’t have it in you to give your child the time they need growing up you don’t deserve them…..3) The peers they hang out with, as a parent you should make it your business to know where when and who your child is at all times….. Popping in unannounced is a good way to let your child know that your not to busy to check up on them…. If they are not where they should be find them and bring them home….. 4) It would make you sick to hear some of the abuse and neglect juvenile offenders have been subjected to growing up……
Hey Oregonians,
Follow the Constitution! Government and citizens.
Deal with it!
Live and Learn!
So Ive been out of the loop lately. is there any new things going on with this measure? I don’t live in ore but im from there and my brother is doing 7 years for NOTHING!!! I would love to get involved in any of it. all of us writing or going and seeing someone about this stupid measure. Please let me know if there is anything new going on. Thank you. Jeri
Live and Learn WHAT?
I have a 21 year old son who was wrongfully convicted of a crime he did not commit and sentenced to 31 years in prison. He was arrested Dec. 23, 2008 and he had a 6 day trial starting Oct 6, 2009. He was sentenced on Dec 11, 2009. Not only did he not commit the crime, they cant even prove a crime occurred let alone who did it. Charges 5 counts of sexual abuse and 5 counts of sodomy. The victim is the 6 year old cousin of my sons (now x) girlfriend who they have been raising since she was 2. The victim never indicates him during her taped interview or in trial. The Kids Center sent the child home with my son. Told the mom what was said and never mentioned my son, but in trial said she indicated my son and they didn’t know what to do. BULL, thats what they are trained for. Said they didn’t tell the mom because they were afraid she would beat him up. Who cares? If she said the things they said she did he deserved to be beat up. How is that protecting the child? We know theres a tape of the medical evaluation because the mom had to sign a paper saying they wouldn’t use it for learning purposes and the reason its taped is for court purposes so the child don’t have to testify. Yet in court, they claimed they didn’t tape it that its not their policy to tape medical evaluation that they took notes, but when asked to see the notes they said they don’t keep them they shredded them. Again BULL, if those notes are the proof or evidence of anything you know they have it. And they made the child testify for 2 days and still she never indicates my son. The medical examiner did say they could not diagnose or confirm any abuse. What they did have was a coerced confession during interrogation which a psychologist testified in his behalf. In fact that was the only witness they allowed to to testify in his behalf. I thought it was against the law to convict on confession alone. Thought it was the defenses right to have witnesses. There is so much about this case that doesn’t make sense and just isn’t right. The DA Mike Dugan is now trying to cover up. I wondered how the Kids Center got away with the things they said in trial but then learned after that the DA Mike Dugan is connected to the Kids Center. Everyone knows he didn’t do this. We need help!! Serious help!!
Thank you
Jean
I have written letter after letter E-mails to legislator’s .Is everyone writing letters?????….Z…I did not vote for the local DA, judges, etc….do you have anything new to add??
Send your stories to legislator’s….
I do get some answers from Chip Shields…
I believe they read them…so much more compeling to send your story…most don’t know…Flood them with letters…
Where is everyone at? Keep your stories coming…It helps to (get it off your mind)
Very quiet on this site..it should be busy….Keep posting…..you’ll find many in your favor. We can help one another! Just by listening!!!!Maybe add some advice(positive)
This site is awesome, I have learned so much….The stories tell so much (sad as there are.)I push my-self to read them….I end up sad and blue..Measure 11 is cruel and unusually punishment….A sharp attorney could prove over and over again….How cruel measure 11 really is… The young lives, FAMILIES that have been destroyred…
Voice your thoughts and opinions…so welcome….sharon
I am so irratated by all of the political bull. My sons attorney did not do his job and has attmitted that he did not prepair my son for the district attourneys interview. My son is a pawn in the measure 11 legal system. I am looking for a new attourney to represent my son to appeal his sentencing. Three Judges recomended his case be droped from measure 11 and the DA wouldnt.
i think measure 11 needs to be voted on again and see what happens not many people would vote yes so there would be no measure 11 my brother in law a single father with a 12 year old daughter got 90 months and didn’t realy hurt anyone now he has to miss her teen age years for never being in trouble before how far it this measure 11 its not realy a far sentence for anyone
my 12 year old nieces heart is broken i need some input on how to get people to vote againts measure 11 her life has been turned up side down her father was sentenced 90 month its a joke but the law won’t do anything about the drug dealer that put him there because its not a voilancet crime and there right by a grade school this needs to come to a end what casn a person do??????
Another life destroyed by M11. No prior convictions. A 58 year old professional man, Vietnam combat veteran, cancer survivor, father, upstanding member of his community and avid cyclist. Falsely accused of “ramming” a pedestrian, with his bike, on a bike path. Assault 2 conviction, M11, judge did not want to even entertain a downward departure. I am heartbroken to see my dear friend spend the next 70 months of his life in prison and the life that he worked so hard to build destroyed by another’s lies. Who are the best M11 Assault 2 appellate attorneys? Any advice/help would be greatly appreciated. Thank you.
Devastated…file an appeal within 30 days of the conviction through the Office of Public Defense. You can always change to a private attorney once you get a recommendation, but it’s important to get the wheels rolling asap.
Alvia….we don’t get a choice to vote again….either try to reform or repeal…both would require much work…I keep writing letters to all reps…..Most don’t want to get involved because most voter accuse them being soft on crime……Luck would be on our side if just ONE rep family or close friend were arrested for a measure11 crime…My prayers go out to all…..send letters…wake them up with the shocking truth how cruel measure 11 is!!!
Leo, thank you so much for your response. We retained a private appellate attorney immediately and currently have a motion for new trial pending before the court. We’ve filed our intent to appeal and will pursue remedy after remedy until we’ve exhausted every option available to us (not to mention our entire life savings, but you can’t put a price on this).
I attended our public elementary school’s ‘back to school night’ last evening and was saddened to see that the school can no longer afford to have a librarian. Parent volunteers will have to take over. I cannot believe that I live in a state that favors sending a man with no prior convictions, convicted on questionable issues of fact and law, to prison for 70 MONTHS over funding our public schools adequately. The presiding judge could have saved us, as Oregon taxpayers, hundreds of thousands of dollars by imposing a very rigid 70 month term of probation, but found “no compelling reason” to do so.
No compelling reason?!? I will never stop fighting against the injustice that results from Measure 11!
I would never hire an attorney, tell them my name was the all capital name they enter in front of my face. I would rather challenge subject matter jurisdiction due to constitutional implications and jurisdictional defects and most of all I would never break a common law or a law I knew I wasn’t ignorant about. I would always be the best citizen I could be.
don’t understand your post, could you clarify?
sorry, that was for Jack
I was involved in a stupid drunk fight one night after leaveing a bar in the small town i live in. I was fighting the guy one on one and i guess some one else jumped in. I didnt see anyone else because it was on a street that had no lighting. The cops were called after it had all broken up and the guy i faught with is stateing that he was hit in the head with a tire iron. I never saw a tire iron but the police did find one laying in the street and took it for evidence. I was aressted at my home and charged with assult 3, booked in the county jail but was bailed out two hours later. When i made my court aperance the judge told me that the DA hasnt filed any charges so my bail would be returned and i was no longer bound by my conditional release. I took that as a sighn that i needed to get my life together for my Kids and my fiance. I completed the DUI class i was in, went back to work in california and made enuff money to pay all my fines in order to get my DL back. Also I quit drinking all together and still to this day havent steped foot in a bar. I got married and thing started looking up for me with my new sober life and a clear head. Then 8 months later i found out that the DA had taken my case to Grand jury and got two counts of measure 11 assult 2 and that a warrent would be issued for my arest. I had a lawyer so i made araingments to turn my self into the jail before the police could aresst me in front of my children. I spent two weeks in jail and my Bail was set to $100,000. My lawyer was some how able to get it lowerd to $10,000 so my wife put up her pink slip for our family mini van to bail me out. I was also able to go to court and have my release modifyed so that i could leave the state in order to go to work. So fare the DA wont budge, she has made a statement saying that she knows I didnt do it but I was involved and that deserves a felony. Her only offer was drop one of them and i plea guilty to one, get 30 days in jail, alcohol classes, anger classes, fines and three years supervised felony probation. Now im stuck in a pickle. If i take the deal i give up my job because i cant leave the state. makeing it imposable for me to pay fines, classes, rent, bills etc. not only that i will never be able to work doing what i do again by haveing a felony on my record. not to mention the police throwing me in jail for sneezing. If i dont take the deal i face up to 140 months in prision. that ripping my family apart and makeing it imposable for my wife to manage things at home. I wish that thease storys of peoples life getting ripped apart my this ballot measure 11 would be given to the local law makers and something would be done about this. Its un just in most cases but the lack of statues they have on it make it very easy for the state to ruin somebodys life with no regards for the other people they are affecting. I know that in her case she is argueing that things could have gotton way worse than they did, but they didnt. People have learnd from it and moved on with there lives and bettering them selves.
I call Measure 11 Death of a family- last dec accusations were made about my husband of 34 years by my grandaughter. He was 61 at the time. No prior criminal record, worked for the veterans dept at the hospital, Vietnam vet, father and grandfather. Well liked and mild mannered. But without even any evidence, just her word against his…..he still now claims innocence. But, measure 11 will put him in jail for a minimum of 100 months but maybe more. So he actually will be given a life sentence because of measure 11 minimum mandatory sentencing. One year from retirement for him, at a cost of over $50,000.00 in legal fees and bail. Lost his job, I had to quit my job, family destroyed and we have to sell our house because when you are incarcerated your social security is on hold. How is this injustice helping the citizens of Oregon. We are now on the wrong side of the fence.
Yes, measure11 is Death of a family! It’s not fair when the accuser has ALL the rights, the DA’S automaticly believe them. The DA’S don’t try to get to the bottom of the accusations. They believe everything their told…so sad!! It’s a business to the State…the more measure11 convictions/plea bargains the more the merrier!!! If you plea bargain your stuck forever…there really isn’t much choice, plea bargain or prison..That needs to be changed. Measure11 needs to be reformed/repealed….how?
It’s not about what’s fair. It’s about lowering the crime and recidivism rates so the best solution was to set longer prison sentences rather than looking for alternative solutions. It’s more profitable the way they have it. If you want fairness find a more profitable alternative than what’s already implemented. In the court room it’s all about facts and evidence, throw in a little discrimination by the judge and the D.A. Just be happy you don’t get an illegal sentence by one of those judges.
Eminem its just my opinion but I think you are wrong when you say its about facts and evidence. The judge and the D.A. do not care about the facts or evidence. I think they don’t want to be confused with the facts. My son is sitting in Clackamas County waiting trial for the same crime that Diane’s husband is accused of. One that he did not and would not even think of commiting, in fact the tail that the person told is so out landshish and so full of holes that a deaf, dumb and blind person could see through it. Except for the D.A. No offense ment to any one person.
Diane my heart goes out to you the same thing has happened to my 40yr old son he married a women that had a daughter from a previous relationship. He took this child as his own gave her his last name and loved her like his own.
Not only is he being charged in Clackamas but he will be charged in 2 other counties for the same crime. What kind of crap is that. Clackamas county charged him with 12 measure 11′s at mandatory 25 yrs each and the other 2 counties will follow suit. All in hopes he will take a plea winding up with three 25 yr sentence’s where is the justice in that.
I am 62 yrs old and his dad is 66 we will not live to see our son free again and he is an only child. He will come home to no parents and not knowing where his children are. That is if he lives that long all because of a women that is very good at playing the victim and manipulating people. Manipulated her child to lie, manipulated the police, D.A., and CPS
Now 8 children are with out thier father, a brother is without his brother, a sister is without her brother, numerous neice’s and nephew’s are without an uncle and last but not least a mother and father are without thier youngest child.
Its me again I guess I should say that my youngest son is from my second marrige and I have a daughter and son from my frist marrige. Thus the brother and sister and niece’s and nephew’s
your right they dont care this measure 11 is killing familys every day does anyony no how to reform measure 11 i would like to no what people in oregon can do to get this started are kids are suffimg everyday
no the judge has no say it what the da wants now because in my brother in laws case the judge said no to 90 months but the da has the last say so why have a judge in the room they have no controll any more
alvia you are so right when it comes to the judge having no say so any more because of measure 11, jessicia law, and now we have measure 73 which says that if convicted of mult, charges its mandatory to give another 25 years per charge. Again I ask where is the justice in this. A man only has so many years on earth that he can give. So why waste the courts time and the tax payers money in the other counties.
But nothing is ever going to change until we as a people stand up to the Goverment and say that we want change. The people that passed measure 11 and jessicia’s law did just that now its our turn to stand up for our selves and the people we love that are a victim of these unjust laws. The Governer would like to do away with measure 11 because of the cost in taxes to the public to keep someone in jail on a mandatory sentence. So maybe we could petition him and the local senator’s to put it on the ballet to reverse 11 and revise jessicia’s law. While it is I agree the child molester’s and child killers should be punshished. I also believe that there should be proof that a crime has actually been commited before being arrested and tried for said crime. And that means that they should do the job that oregon tax payers pay them for (INVESTGATE)!!!!!! And not just take an angery vindictive wife or girlfriend’s word for it.
And with that being said this brings me to my next complainant with the Oregon judical system. The constitution gives us the right to a trial by a jury of 12 of our peer’s but in oregon it only takes 10 to convict a person so what is the point of a panel of 12 why not just have 10.
I never received a measure 11. I received to violent felonies (non serious injuries) and I did 2 years. Nobody wanted to give me jobs and I had to ride out this waive of lay-offs. I blamed the system. I refused to venue with the courts on usc crimes. I filled out all my paperwork to terminate my U.S citizenship. 5 years after my release I have a great job with an international company. A Japanese company. I get a decent check and 60 hour work weeks. Things get better and in Oregon it is all about accountability. We are all accountable for our own actions and are held responsible for the decisions we make. Good luck on your road to freedom, good luck on your future success and good luck on all of your future endeavors!
Yes Caleb we are all accountable for our crimes my complaint is that those of us who did not committ a crime but are punished any way because in Oregon the state does not have to prove thier case on some crimes only have the word of an angry vindictive exwife or girlfriend who has convenced her child to lie also. So you can talk about what you know. And I will talk about what I know. Oh and by the way this is a web site for people who have family and have been convicted of measure 11
Is there anything new out there on this stupid measure? My Brother is in on this for not doing anything that warrants the punishment. I Don’t live in ore anymore but would love to know if there is anything I can do to try and help this Measure. This is one of the most dumbest laws Ive seen. I try and keep up on this but can’t find much on it.. any help would be nice.
Thank.
Caleb.
Unlike Cindi, I welcome reading posts from people that realize no matter why you are in prison, you DID have SOME part in putting yourself there. After reading post after post, it seems that everyone that’s in prison did anything to be there, they are just a bunch of innocent caring people that got railroaded. As fat as I know, there have been only 2 cases over turned and the inmate let out of prison….and Measure 11 has been in effect since April 1, 1994….17 years.
While few want to assume responsibility and most just complain, for every inmate there is at least 1 victim…and most that post here seem to completely forget that. RARELY is it the inmate….usually he/she made the choice to do the crime or hang with people that convinced the jury they are guilty.
My son did 70 months, and even though we were on the outside, we did his time right along with him….so Cindi, that qualifies me to comment on both yours and Caleb posts.
Caleb, you are a breath of fresh air, please continue to post as you see fit. Only Miss my brother can tell you not to, he is the web master.
Thats where you are wrong Zoraida first off I did not tell Caleb not to post here.I merely said that this is a web site for family members of people convicted of measure 11 as I said to Caleb he should talk about the things he knows about and leave the stuff that the rest of us know about alone. And no Zoraida I do not think it does give you any right. 70 months is a drop in the bucket compared to the 250 years this is what my son is looking at. All because of an angry vindictive women and the lies she has told because what you do not know is that in this state when it comes to sexual abuse the state does not have to prove their case. And there does not have to be corborating evidence. Just some ones say so and you are gulity. And I will be the first to say that this is not my sons first time in prison. So I do know that for every day he is there I am in a jail cell of my own. And for the the things he did, he deserved everyday of has sentence. In fact he will tell you that the punishment he got was just and fair. But there is nothing just or fair about measure 11 it is the most over used and abused law on the books and it cost’s the oregon tax payers billions of dollars in revenue. And even our own Governer wants to do away with measure 11 for the very reasons I just quoted.
I believe with measure 11 you don’t always have a part in the crime. Many vindictive accusers run to the DA and complain and lie!
The jury is convinced when the DA runs with the lies!
I will never believe in measure11 sending kids to prison for non-violent crimes!
Most people do not have the money to have their case over-turned.
Measure 11 is a law where many get railroaded!
Most of the stories I have read here, the offenders have been railroaded!
if you didn’t get a measure 11 why are you posting on this site caleb cindi is right this web sight is for measure 11 and yes i’m doing 90 month right along with my brother in law and takeing care of his babies because measure 11 suckes
Guess I have to stop posting….I am NOT against measure 11. I am against DA’s that run the show.
However what’s the point to singing to the choir….oh I know….we don’t want to have to prove our case to someone that might have a differing opinion….we just want to whine and sing the blues to each other.
I have been fighting to get measure 11 repealed since 1999….I only hear one side of these stories….I am sure the VICTIMS have a much different story and the truth is somewhere in the middle……
Think I am done….
Sharon and Alvia I would like to thank you both. And my heart breaks for almost all of the people that come here to post. Only some one that has either been railroaded by a D.A. looking to make a big CAREER!!!!!! name or is the family that is left behind to pick of the pieces of the shattered lives could even respect, or understand how we all feel. I for one vow that I will continue to speak out againest measure 11, Jessicia’s law and measure 73 which is a new law that was added to enhance measure 11 meaning that if convicted of 2 or more measure 11′s or Jessicia law they can give another 25 years for each conviction this is bull. How much time does a man have on earth.
Now while it is that I believe that child rapest, and killers need to be punished and that no child or parent should have to live through haveing thier child’s life shattered by some creap. I still believe that the state should have to make and prove thier case. And that would mean they would have to do thier job by looking at each case seperate, investagate, weigh and present the evdience not just lump everyone in to one big pot and say your gulity so lets just lock you up and throw away the key. I also beleive that puplic deffenders should have do there job correctly and not just jump out there and say lets plea bargin. What ever happened to innocent until proven gulity behond a shadow of a doubt.
Zoraida you are right about one thing almost everyone convicted of measure 11 will do thier full sentence. Because Sharon to is absolutely right, there are a hell of alot of people that have been wrongfully convicted of these crimes and to a appeal or to continue to fight your case after the fact is very expensive. And comman very day people like myself and the people that come here to post thier stories of heart break and saddness do not have that kind of money.
I am glad that something postive came from yous sons conviction and incarceration. Both for you and him; but I see nothing good coming from my sons case and yes he is innocent I beleive that in my heart and soul and I will continue to beleive it until the day I die. You would have to know my son, to know what I am talking about. The only crime he is gulity of is loveing the wrong women, and trying to give a little girl a home and a daddy.
Cindi/ alvia…I’m with you…measure 11 is a horritable law!!!!! My grandson was convicted (16) from vindictive grandparents…He took a plea…we were so afraid he would be facing prison…it cost us my retirment to defend him…I wish now I would have hired a PI to look into the grandparents past and the girls!!!!!You don’t have any rights when it comes to measure 11..with a lieing da!!!!He didn’t bother to look at the accusers.now my grandson is a sex offender! He was told to have a evaluation by a SEX doctor…he passed..that should have made a difference..that also cost more money. He told the truth..which should have made a difference…
Alvia I have family all over the prison yard. My cousin Chris McGee is upstate serving a manslaughter sentence because he shot a guy in the face with a Colt 45 last year and he died. If you see Chris send him my love and respect.
Once I found out how our system operates I started to understand why our government operates the way they do. I can’t even really pick sides anymore. If you guys are serious about being against measure 11 then why aren’t you guys throwing everything you can at the Oregon’s system in order to beat it?
The only unfortunate thing is it has substantially lowered crime and recidivism rates in Oregon. Not to mention the taxes and the bond interest they receive. As much as they suck to get they have their perks for the state.
continuing…”DEATH of THE FAMILY from measure 11 and minimum mandatory sentencing. My husband was sentenced to 16yrs without physical evidence only one person’s word against another. The district attorney told lies from the begining to the end. I encountered harrassment, accusations from law enforcement, and down to the trial the dectective was using intimidation and threats. Then because we asked for the trial vs plea bargin, he was given more time just for putting my grandaughter thru the trial even though it is our right for a trial. this can happen to anyone………nobody is safe. he stands firm not to admit any guilt because he says he did not do anything. mY husband will get out with good behavior when he is 78 if he lives that long. I will be alone for the next decade but likely more. Why do we not have maximum sentencing like italy. Even Amanda Knox would have only been given 25 years for murder. Here in Oregon manslaughter will give you less then a sexual assult case or rape. Not that the victim should be acknowledged but this kind of case is exactly as above, You are guilty and if accused you have to prove your innocence…..put in a good liar and add in the district attorney who really runs the show and you have guilty, guilty, etc.
confused by your post Z (not against measure11 against da’s) if we vote in other da’s they will also follow bm11!
Judges are not allowed to make a decision in the courtroom! We should work on getting them removed.
Your right Diane put in a good liar/accuser the DA believes them everytime.
sharon,
sorry to sound confusing. To clarify, I am against Measure 11 and it needs to be repealed or reformed. My biggest problem is the mandatory minimum sentencing for 1st time offenders. There is a previous posting where a professional and active biker was sentenced for ramming his bike.I suspect your word against his. Maybe he was instigated in to an argument with a difficult person, he knows what happened but nobody will listen. I suspect there are many innocent people in jail as a result of Measure 11 minimum sentencing. Get rig of measure 11 and give the power back to judges. Not to the district attorney who is trying to climb the ladder. .
I want a judge in the courtroom and able to make decisions!
I’m wondering if I sued the accusers? They lied on the victim statement. They were not the victim. Why didn’t they have the victim statement signed by the victim?
The victim did not want it reported and she claimed it on the discovery. The da should/could have taken that into consideration!!
Mandatory sentencing is a bad law. I like FAMM.
Well, I blabbed enough today! My prayers are with all innocent!
Sorry Caleb: I call B.S. once again you are wrong in the fact that measure 11 has lowered the crime rate in Oregon at any time since 1999 when the Oregon tax payers were douped into voting it into effect by being told by Kevin Mannix and his bunch THAT IT WOULD NOT COST ANYMORE TO HOUSE A OFFENDER ON A MANDTORY SENTENCE A YEAR THEN TO PAY YOUR CAR INSURANCE FOR A YEAR. In fact just this year alone in NE Portland there has been more then 12 drive by’s, 6 attacks on the max and numerous violent home invasion not to mention the drug dealers that were busted in just the last few days with thousands of dollars in drugs and I don’t know how many guns of every differant kind. But you are right about the recidivism know why because not many people survive the multiple years they get they die in prison there is no good time and no parole on measure 11 or Jessicia’s law.
Caleb did you know that the Oregon DOC just last month ask the Oregon legislature for over 350 billion dollars? Care to guess why? Well if you guessed that they are broke and the prison’s are way over crowded and that they are wanting to open the new prisons that they built years ago but once built there was no money left to run them you would be right.
In California, and Washington they have 3 strikes law know how often they use it almost never know why because it has to be 3 like crimes to give a man a M.S.
Once a law is voted in to effect it is almost never appealed or removed from the books. And to fight a law that is on the books is an almost impossible feat, it takes lots of money, lobbiest, and politician’s on your side. And that won’t happen because the group called The Oregon Anti-Crime Alliance that backed measure 11 and Kevin Mannix. Have very long arms when it comes to the Oregon legislature. And no politician is going to risk his career for a group of heart broken families. But Caleb if you have any suggestions on how to go about doing this I am all ears as I am sure the rest are also.
So you see we the families of the men and women wrongly convicted or accused of a measure 11crime are victims to. Victims of politcal minded ADA’S and DA’S that do not care about the truth only his/her conviction rate. Because lets face it ADA’s become DA’s and DA’s become govener’s, congressmen, and senators
And only someone that has not been affected by measure 11 would try to preach to those of us that has been about how great a law it is. When as I said before it is the most over used and abused law on the Oregon books. I also think you should go back and read Alvia’s post again he/she is not the person in prison its the brother-in-law. And Alvia’s point was that for everyday of every year this man does, Alvia does also and so does this mans children.
Alvia I have to give you kudos not many people would step up and care for children that aren’t thiers. You are a fine person for this. And your neice’s and nephew’s are lucky to have you.
Diane my heart goes out to you. And I will pray for your husband as I do for all of the wrongly accused. You are right no one and I mean absolutely no one is safe from this happening to them. While it is not my husband its my son I doubt that I will get to live to see him come home. I hope so but I doubt it.
One of the very worst parts about Measure11 is. You are not allowed good time earned.HOW CAN WE THROW PEOPLE IN PRISON AND NOT ALLOW THEM EARNED TIME?????Barbaric/not fair/
Good post Cindi!
Actually, M/11 has been a law since April 1, 1994….The voters of Oregon voted it in in Nov of 93….in 1999, Cathi Lawler formed PAC-UP after her son went to prison, it was a group for parents of incarcerated felons, but anyone that wanted to join the fight was welcome.
Cathy and the group came up with the signatures and money to get Measure 94 on the ballot….it was voted in, by a larger percentage the second time than it was the first time….something like 66% of the voting population voted to keep it….and not too long ago, Oregonians voted mandatory minimum sentences for property crimes, so it’s hard to believe with the number of people that have been in prison on measure 11 charges….that the people of Oregon don’t think they know what they are voting for. I was on the streets trying to get signatures, talking to VICTIMS of crime, I totally know how it feels to talk to a Mother whose son was walking outside of Portland State and was killed by a drive by shooting, he was not in a gang and was a 4.0 student, just walking back from lunch break….She wore a large button with her son’s picture on it….and she came to the Repeal Measure 11 rally so she could tell her side….we were pretty speechless after her talk….
Yes, I agree Cindi, if you haven’t had someone you love in prison…whether they did the crime or not….you don’t know how it feels….but if you haven’t walked the streets engaging people for their signatures, attended rally’s and talked to the people that have had their loved ones murdered, or looked at the children that have been molested by a trusted adult, or heard the stories from an older lady that was raped….you have a long way to go to fully understand.
And while I only heard half of the story from these victims we were in touch with, we are only hearing half of the stories of all the people posting on this board….there is always more…..
So it appears that Oregonians want mandatory minimums….are are willing to pay for them.
Yes, the Gov would like to repeal or reform Measure 11, but remember, he was the Governor in 1999 when we got it on the ballot, and would not come forward and support us. Charles Starr was the only one that was willing to stand beside us…..and he took big heat for it.
I do believe the only way Measure 11 will be changed in any way is if the State gets to broke, there is no choice….
Who I know as a group that is very strong in Salem is Crime Victim’s United….Steve Doell is/was very instrumental in making sure the legislators remembered how and why they got to Salem….and how they were going to stay there.
I wonder where you got the death rate of prisoners numbers Cindi…,.they’re are some deaths inside, but I have called my connections at the Dome Building and they aren’t able to come up with the same figures you have. If you could please send us all the link to your info, I would sure like to read it.
There are SOME older inmates that succumb to death while incarcerated, we knew one guy they called “Old man Dan” at OSCI that was released at about 80….but he was the oldest one my son was aware of in the two years he was there….no old people at Two Rivers, and none at Powder River….he/we did 70 months….
No, I do not think Measured 11 is actually the problem, if you do the crime, you should do the time….and I don’t care that much about good time….as I think if you go to prison, why in the world wouldn’t you behave yourself….my opinion is….the problem is the DA’s. No crime HAS to fall under Measure 11….the DA’s pick and chose who get mandatory minimums….
Something you all might not have considered is….when the felon gets home….no where wants to rent to them….and if they are older that 18 they HAVE to be on the lease….no one wants to give them a job….they’re already so many people unemployed, employers would rather hire someone with out felonies than with…shelters are full and half way houses have very stringent rules….every one up and out by 7 in the morning….no coming back until 5…winter or summer….$350.00/mo for your room….it goes on and on….
So Cindi, did you work of the 1999 repeal of measure 11?
Thank you Sharon you are right no good time or chance for parole is barbaric, not fair, and verge’s on shades of Hitlers Nazi Germany.
A good place to write and send letters http://www.Commisission on public saftey! Interesting reading…….send letters/e-mail…flood them with the reason measure11 should be reformed/repealed..!! The Gov choose this group to help with the budget!
I just read on this page “we have to get smart on crime” talks about the public safety commission…send the letters…e-mail
Sorry Zoraida but you are preaching to the choir and yes I did work the 1999 repeal of measure 11. I would do it again and again. And actually it was the people of Multnomah County that voted it in, the same as they do every measure since they are largest voting county in all of Oregon with largest amount of voting population. And as far as dying on the inside I figure when people are givin 25 to 250 years with out the hope of parole then I guess they will die in there huh!!!!! And you keep bragging about your son doing 70 months do you think that is some claim to fame or some thing? The only thing I can say is I am glad that something postive came from your son doing his time. But was he wrongly accused and convicted as mine is and If my son were only looking at 70 months I WOULD BE GLAD!!!!. And as far as the victim’s well I have been on that side of the fence to. As a small child from age 5 until age 12, I was the victim of my mothers brother someone who was supposed to love and protect me. In 1991 my husband was the victim of a stabbing he was stabbed 5 times and left for dead the knife sliced through his spleen punctured his lungs 3 times and nicked the sack around his heart. To this day he still carries the scar’s from this attack along with the one that goes from right under his stermun to just past his navel where they went in to repair him. The meth in fested man that stabbed him got 2 years probation. While own our son was sitting in the Multnomah County jail awaiting transport to pendleton for his 5 year sentence for a probation voilation on a car theft that he was involed in when he was 18. Then in 1994 my husband was again the victim of an attemped carjacking they didn’t get his truck but they did get the gold chain he wore around his neck. This man got 5 years and he was a repeat offender. I still think measure 11 is a bad law. And I still believe that the state should have to prove thier case in sexual abuse cases and not just take the mothers word or the childs word cause the good lord knows that angry women never lie and they never manipulate thier children in to telling a lie do they.
Case in point Pamela Sue Reser, wrongly convicted in 1999 of raping her four small children and sentenced to 116 years in prison, was released on May 31, 2002 when an investigation by the Oregon State Police uncovered that the crimes she was convicted of hadn’t occurred. This is just one of the many many cases of people being railroaded by measure 11. Do I blame the law no of course not but I do blame the man that wrote it and tried to ride it and the other retarded measures he has writen into the white house. While it is that he has never made to the governers house or the white house he has succeeded in overloading the prison system, then there are the families of the convicted that are in the system either on welfare or in foster care costing the tax payers huge amounts of money
Frist let me say Ballot Measure 10, also passed in 1994, permitted the Oregon Legislative Assembly to change Measure 11, but only with a 2/3 vote in each chamber. The legislature has done so several times.
Then I will say here is where measure 11 came from The measure was placed on the ballot via initiative petition by Crime Victims United, a tough-on-crime political group. Then-State Representative Kevin Mannix, who wrote and sponsored the measure, has since argued that violent criminals cannot be reformed through probation or short prison sentences, and that the time they are kept incarcerated is itself a benefit to society.
Measure 11 was a citizens’ initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
The sentencing judge cannot give a lesser sentence than that prescribed by Measure 11, nor can a prisoner’s sentence be reduced below the minimum for parole or good behavior.
The measure applies to all defendants over the age of 15, requiring juveniles over 15 charged with these crimes to be tried as adults.
Proponents of Measure 11 argued that judges had been too lenient in sentencing violent offenders. They saw the measure as critical for lowering crime rates.
Opponents of Measure 11 argued that judges should be allowed discretion in sentencing and should be able to account for the particular circumstances of a given crime. They also objected to the requirement that many teenage defendants be tried as adults.
Oregon’s prison population increased after Measure 11, and as of 2004, 41% of the growth was attributed to the direct or indirect impact of Measure 11. Crime rates in Oregon decreased between 1994 and 2000, but increased in 2001; opponents of Measure 11 noted that the trend mirrored national trends
This is how much Kevin Mannix cares about us as a people (who cares if our grandchildrens children have to pay the bill huh!!!
August 18, 2010
Mannix said Wednesday morning that he had a “brief conversation” with Dudley about his measure and tried to persuade him that it would be several years before the tougher sentences would have much of an impact on the budget. And even then, it would at most be one-fifth of 1 percent of the general fund budget, he said.
How did I do Zoraida think I know what I am talking about I have done my homework.
Cindi…It looks to me you have done your homework…
The judges need to have a say again….They get paid to sit there!!! Yet they have no say…That is something we should fight…My boy sat before 3 different judges….Non that could give a decision..They were just there collecting their money!
I wonder if its possible to sue the accusers of the boy??? They lied in the victims statement…The victim did not sign the statement!!!
I feel sorry for actual victims and of course they should be punished..but what about the innocence railroaded into conviction because some bitter people told a lie…The da’s like these people…They will all the lies and do anything to get a vote.
The accuser wrote in the victim statement “how HELPFUL the DA was…In other words thanks for listening to our lies!!!
I hate the saying “you do the crime…you do the time” Many times the DA’S have only listened to the accusers…which makes them stupid and greedy! Of course if a actual crime has been committed with proof ..that person should go to jail…but not when the da’s ONLY believe the accuser…They need to look at all information…
which they don’t….Once the accuser goes to the da….they automactily nail them with measure 11…DA’S know they will win as no judge can speak!!! So many plea deals with measure11…It scary to go to trial…
It’s like fishing…you catch the big one in the net and all the rest you keep… are guilty as the big one….Your right Z no crime has to fall under measure 11…I don’t understand your post about good time…Measure11 doesn’t offer good time earned…some people give up knowing they can’t earn good time…Even tho Z you think they’ll all be good…. and would want to be good in prison…NOT ALWAYS that doesn’t mean they should be in prison…Good answers Cindi
All prisoners should be able to earn good time!!
I have check around, Cindi…no body seems to remember you from the campaign….
So, while you seem to have all the answers as to what should and shouldn’t be regarding M/11. Guide us to who we should vote for so we have “friends” in Salem. And are you physically and financially supporting hm/her campaign? You gotta put your money where you’re mouth is. Getting things done costs a lot …which of our legislators would be willing to put their name on a bill reforming or repealing M/11. With the budget crisis, it should be much easier now.
No, our son did not do his crime, but he put himself in a position to be accused…and since it was the Washington County’s Sheriff’s grandson that accused him…..they went to school together and had been friendly…..that ‘s all it takes….but he never got one DR in his 70 months….he behaved even though he didn’t get good time. He was only 20 when he first went inside, but even at that young age he was smart enough to know he wasn’t getting anywhere by being a trouble maker. It’s the same outside….you don’t get anywhere by breaking the rules…. He lives by that premise today also.
No, we didn’t get points for only doing 70 months….you win, cindi….your person’s crime is waaaaaay worse than my persons Obviously you missed the point.
There are some college legal class groups that take on a case if they feel the person was unjustly convicted, they work to get the person exonerated….
Would love for you to post your person’s case number so we can read the transcripts….it’s public record so anyone that wants to be involved can get it online…. and if he is innocent, we should all work to free him….
I am not the enemy, just think each of us…inside or outside need to take responsibility for our actions in ALL our actions….nothing is learned if you sit around and say the same stuff year after year….you have to learn from errors and move forward.
Because kids choose to hang with the wrong people…should not be punished the same as someone who does the crime…some kids are lonely and hang with whoever cares for them….Parents don’t pay attention as long as their kids have friends….
DA’S have all the power…which means as I’ve said before.the accuser is always believed by him…I’m still thinking od sueing the accuser for lieing on victim statement!!
Nice that you checked me out Z since you have no idea what my real name is nor where I lived in 1999.And since I do not nor have I ever lived in Washington County I guess you would not know who I am. And I agree you are not the enemy. But it does seem to me that if you are in favor of measure 11 that you are on the wrong web page because I do believe this is the Oregonians Against Measure 11 page and it says at the very top of the page it says Your Story:
Many lives and families have been torn apart by mandatory minimum sentences (Oregon measure 11). This section is created for anyone and everyone to tell their story of how this measure has directly affected themselves or their loved ones.
And my son is not convicted as yet. But he is setting in the clackamas county jail as I type this. And by the grace of God he won’t be convicted. If he is then he is looking at any where from 25 to 250 years sad but true and I will gladly share all the nasty details but until then it is an on going case and as so subject to be treated as such. But you can bet your bottom dollar that if convicted I will start writing letters carry signs and hounding congress men, the governer, and who ever else I have to
Well, you said you worked on the campaign, pretty hard to do if you weren’t around here then. Measure 11 is State wide, so just because my son fell in Washington County means nothing. We worked with people from all over Oregon, and I still get emails very frequently for help and information, actually just recently on this board.
How it works is the Grand Jury hears what the prosecutor has for evidence, if they feel there is enough evidence to go to trial, it goes before a jury of 12 peers, unless the defendant chooses to only go before a judge….the evidence is presented, and if you don’t have a good lawyer….one that commands respect in the legal community, your toast. Court appointed attny’s are rarely good….so if you have money, you should find the BEST attny your money can buy. So even though the DA has power, there are a lot of people involved in convicting someone.
Measure 11 is not the problem, in my opinion….but the power it gives the DA’s is the problem, but unless the legislature and the Governor does something to reform or repeal M/11, the people of Oregon are happy to support it. Just remember, Kitzhaber did nothing about M/11 when he was Governor before, so I don’t expect much this time, possibly if he is reelected, but then he won’t get reelected if he isn’t “tough on crime” this term.
If the budget get too tight, there are many ways they can cut costs besides a direct hit to measure 11….they can ship inmates out of State, the can privatize prisons, all options will make life inside much tougher, so if you have someone inside or they will be inside…it’s in your best interest to work to keep those options from happening.
Measure 11 is a State law, so Congress won’t help you….you have to deal with state legislators….holding signs can be dangerous as I have attended rally’s and held signs and felt extremely vulnerable when Mothers of murdered sons took me to task….there opinions always win out over ours and they can be very aggressive.
Miss my Brother….the web master and I have a long relationship. While I have never met him, we became “friends” when his brother was falsely convicted of a crime and incarcerated…during the time my son was inside….his brother, however, is one of the only 2 people convicted of a measure 11 crime that have been acquitted and released upon appeal… I am one of the main contributors of information on this site…..I don’t think he will throw me off this site because I have been through the process and have a different opinion than you.
Sharon I don’t know if you can sue. I would be interested to see if you could. Have you tried to talk to an attorney?
And Z I think all you want to do is argue. All you do is talk about how great measure 11 is. It seems to me it bugs the bageesa out of you that there is some one that comes here that is as well informed about this law as you are. The only differance between you and I is I think measure 11 is a bad idea I thought it was then and I think so now. I really do not care who your friends with nor how many months your son has done.
What I do care about is the saddness I read here from people that come here to reach out as I did to find some one that knows and understands how I/we feel. The hurt and the bewilderment I feel. I was raised to believe that we as a nation had a judical system of innocent until proven guilty. But this experience has taught me this is not the case.
As for my son he is no angel but has owned and done his time for the things he truely did do. I have spent the better part of my adult life watching my son destroy his. And just as he had finally figured out that he needed to and was making some major changes in his life. He had gone back to school and was one term away from being able to walk and get his diploma. He had crammed 4 years of college into 2 years by going year round. He is microsoft certified, plus many other computer systems both softwear and hardware, computer business networking, busniness, art, math and he work hard to get there only to have it yanked out from under him for a crime he did not commit.
How do I know he did not commit this crime you might ask? A mother knows her son. And I raised this boy alone until he was 12 yrs old we are closer then most mothers and sons. And he has never lied to me about any crime he committed in the past. And most were drug related petty theft and blue collar crimes. He has always fessed up and took his punishment like a man. And as far as putting my money where my mouth is if I had any money I would be hiring an attorney for my kid. I wish I had a crystal ball to pick a politician because believe me I would
Just because there has only been a few cases over turned does not mean that those are the only ones that were wrongly convicted or accused. In counting over turned convictions did you count Pamela Sue Reser she was convicted of a measure 11 sex crime or did you not catch that part of my post?
So Z lets just agree to disagree and I will make nice with you if you make nice with me. In the mean time maybe you should think about the things you say to people on here. The families of the accused or convicted whither guilty or inoccent come here to seek compassion. Not be told how great measure 11 and how it does such great things.
Oh and only I said I did not live in Washington County, the truth is I have lived in SE in the same house for over 30 years. I moved here in the early 80′s got married here went to PCC, and Milwaukie School of Beauty to become a manicurist and esthetician and worked in down town Portland for 20 years.
I think Oregon should pass more laws. Mandatory jail sentences for violations of civil laws. Up the crime rates I say.
James, that’s probably next….we just passed a mandatory minimum property law….so we are still wanting law breakers behind bars.
Cindi, I am not making nice to anybody….I am sorry your son is facing so much time, but it sounds like he has been in and out the revolving door for quite some time….while he might not have done the crime, he put himself in the path of people that would do him harm.
I am pleased you are so educated re: M/11, but your next step needs to be recognizing how and why your son keeps having problems. The punishment doesn’t seem to be sinking in, possibly if he is found innocent, a change in thinking might be in order. Any one can end up in prison….it is choices we make in our lives and a set of circumstances set into motion. If he is innocent, he pissed someone off……they are making sure he is paying the bill….
Yes, I know….when we first found out about what was in store for us and our son, we were in denial, but after thinking it through, it took quite a while to stop being emotional and really start thinking about it….we did understand our son’s part in a crime he didn’t commit. sometimes friends can turn on you to protect themselves.
Cindi and anyone else thinking of becoming active in the repeal or reform of M/11, ….this bit of wisdom you might want to remember, it will serve you well….it’s not what you know, it’s WHO you know….I made it my business to go to the Capitol and meet everyone I could get a face to face meeting with anyone that might be able to help me on our reform or repeal measure 11 journey, I knew the legislators that were sympathetic to my cause and what’s more important, their front office people, I volunteered in the Dome Building where all the top DOC people have offices, I found out who the department heads are and who I would need to call if a problem arose for my son while he was inside….I knew police officers and PO’s….attny’s and inmates who work on cases inside with other inmates….they are all important people in your fight…Now I don’t expect you or any one else to be wowed by this info….but it might give you an idea of what YOU need to do to be really informed, to help with repeal or reform or to help keep your son safe while inside….you can’t do it alone….
Oh and Cindi, I call it debate..:)
Ha ha James you are funny. But it is to bad we couldn’t jail the ones that violate the rights of the accused and convicted civil rights. Given by our fore fathers the authors of our Constitution.
measure 11 is the problem, because it’s mandatory..never should a prison sentence be mandatory! Every case is different…they lump some MINOR crimes as MAJOR crimes
The voters voted on measure 11 because they were confused. Voters wanted a halt in crime…then it went overboard and remains cruel. If someone in goverment family gets a measure 11…they would be complaining like the rest of us or buying their way out!
There are better ways to sentence a criminal.The Judges come to mind…If I were a Judge facing a measure11 case I would be embarrased …their hands are tied..so they just sit there. oh..Oregon what have you done to our judicial system.?
As I said before I came here looking for compassion both to get and give it. Not to listen to someone tell how great they are or what a great job they are doing in working to reform m/11 see you didn’t even get what James ment and no we didn’t pass another mandatory minimum You and people like you did. People like me voted againest it. And I doubt that Oregon is going to farm out thier inmates as it cost money to do that. The other states do not pay us to house our inmates we pay them. And again to privatise inmate housing cost money lots of it once again you should get your facts straight. Measure 10, also passed in 1994, permitted the Oregon Legislative Assembly to change Measure 11, but only with a 2/3 vote in each chamber. The legislature has done so several times. But nothing has changed why because squat to pee frail males that are afraid of thier own shadows think that by lumping every one into the same pile and throwing away the key is the only way to go.
One of the problems with measure 11 is that there are many inmates in prison that get good time and anybody with a measure 11 don’t really care about the consequences cuz it’s just a quick whole shot. Maybe 6 months at most and they are back on the yard. I think they all should get good time so things run even smoother when everybody has the same rights. I think equal rights for everybody who is incarcerated would be fair.
No bragging intended…sorry you take it that way….and yes, I do realize WE got it passed not to send prisoners out of state and not to be able to “hot bed” the inmates and that every body has to have a job…that’s a joke how they implemented that law….but things change and they are looking for ways to cut costs, and it’s always cheaper to have private citizens do a job than it is the government. I know people with loved ones inside that were shipped to other States….the feds do it with everyone….it makes it really hard to visit and other States make the inmates really feel like their are in prison compared to Oregon’s prisons.
Saw an article in the Oregonian about needing another woman’s prison…I bet we can depend on Obama’s stimulus money to help pay for that one….
The Prison Industrial Complex makes a lot of money….and measure 11 gives them a constant flow of workers…..get it????
Cindi, when is your son’s trial…..I am sorry for your pain, but we only know one side to the story….would have to know the facts to give real compassion if warranted. I know you are telling what you think you know, but who ever the victim is needs to tell their story….and I am not saying your person did the crime….I’m saying there is always more to the story.
I am sorry for you that you feel like you need to attack me just because we have different opinions…..just wait until you are standing on the street with your sign….you will think out conversations are nothing compared to what you are in store for. Victims can be real mean…
Jack you have very good point, what does an measure 11 inmate have to lose so why would they care if they got caught with contraband, or fighting, you are very right all they do is a little hole time. Where as a inmate with a lesser charge would lose his good time.
don’t minimize “hole” time….you have minor Dr’s and major DR’s A major DR’s are very hard time, 23 hours in solitary with 1 hour yard ….by yourself….shower 2 times a week, you can get moved from the valley to Snake which is 6 or 7 hour drive which makes it impossible for some inmates to have visits because some people can’t afford the gas or the motel….and you don’t get moved back once hole time is over…., they get fines and are not eligible to take certain programs unless clear conduct, you can have only visitors from behind glass and you are shackled and in hand cuffs around your waist….DR’s are a big deal….
What is the reason for “no earned good time” It is to make the inmate better…SAD.. their are people in this world that don’t care about “hole time” I wonder how many inmates receive “hole time” Do they give them “hole time” for one infraction what is a common DR and what is a major DR?
Contraband is rampant in prison, how do they stay away from it?
Z I did not ask YOU for your compassion. Actually Its me that feels sorry for you Z you seem to have a need to come here and beat your chest and tell the world that you know everything there is to know. No matter what we are talking about you have to but in and start flapping your jaws and tell everything you know. I don’t beleive that Sharon, Alvia, James, or Jack were talking to you no they were talking to me. My father in law has a couple of sayings you might take to heart one is you can’t hear with your mouth open, and the other is you don’t have to tell everything you know just to prove you know it. Yes that feds ship out of state. I was in school with a women who’s husband was in a fed instute in texas for bank robbery. But as far as I know DOC does not
And the truth is that my son met and married a young women with some real deep seeded emotional and alcohol problems. She has a real need for people to feel sorry for her and will go to great links to make sure that they do. No matter what she has to say or do. Not that it would matter if you knew because I did not ask you for your sympathey.
OREGON tries juveniles as adults. That’s messed up. Measure 11 is only one complaint of many I have with OREGON and their judicial practices. After living there for 6 years I would rate it the worst state a person could live from my experience. I would never live there again. not even with free rent. That state is too savvy for me.
Sharon no good time earned means no early release. The reason for this is behond me. But for some reason the powers that be seem to think that if a person has no good time and no parole then they will be less likely to reoffend. Which is far from the truth maybe for some but not for all there are those that are harden habitual offenders and no matter how much time they get will always break the law. Because they only get caught maybe once out of 10 or 12 times of breaking the law
And you are right it is sad that thier are men and women in prison that aren’t afraid of hole time or the loss of good time hmmmmm, oh thats right they don’t have any good time so why would they. And as far as being moved to another prison that will only happen if they commit a violent act. Then they would go to snake most likely. But then snake has both a minimum and a maximum side. Unless they have changed it since the last time I was there to visit some one. But it was about 10 years ago
jack you are so right and if it wasn’t that I have to be here in Oregon I would have moved a long time ago. But I have to be here for my aging father-in-law who is not able to care for his self any more. When this task is over then i will be leaving this state never to look back
Sharon I wanted to thank you for your prayers for my son he will need them in the dark days he has ahead of him. As will I. My heart breaks for him and his 8 children who miss thier daddy’s love and support immensely.
Cindi:
You should listen to your Father…..:)
hahahaha…Cindi, you’re funny….you must mean “deep seated”
Yes, there is both Max and Min facilities at Snake….but if you get a major DR, and you are in minimum….when you get out of the hole, you don’t get to go back to minimum status….they roll you up and you loose that privilege…..you’re in a med or max facility probably for the rest of your time. Even if you are within the minimum status, if you have DR’s within a certain period of time before you are eligible to transfer to a minimum….you don’t get to go until you have clear conduct for that amount of time…. Once an inmate is in minimum….they usually like it enough, they don’t want to go back to the med or max status. I can’t under stand why inmates wouldn’t want to behave so they can do their last years in minimum….you get to go outside the prison, do State work at call centers, grow gardens, chop wood….many different jobs….
Sharon, I think you can go online to the DOC site and read about DR’s. The rules are clear, so if you get a DR, you know you are doing something you’re not supposed to do. I also believe the people of Oregon felt like the parole board was letting people out of prison….by way of the matrix system….way too early. When Mannix wrote this measure, he made it a mandatory minimum measure….the sentence is the least amount of time you can do for the crime….but you have to do every day…mandatory MINIMUM sentence…
So you can be charged for say sex abuse and get less time than mandatory minimum sentence….BUT you could get more time, get out without completing the sentence due to good time….parole board…. however, if you get out early and don’t adhere exactly to what your PO tells you to do….he can revoke you and you go back to prison to finish your time….with mandatory minimums they can’t do that because you have served your full sentence. They can however, charge you with something else to get you incarcerated…a parole violation…..I am not saying you are off free if you are a M/11 offender….you break the law again…or get caught doing a parole violation….you’re toast, as it should be
I think I have made this clear….if questions, I will try to answer or find out where we can find the answer.
I grew up in Oregon..spent many years up and down the west coast navy bases(ex-husband was in navy) I came back to Oregon 30 yrs ago…I like everything about Oregon ..even the rain…but I would like to move, maybe Montana or Idaho..I have family here I would miss.
It doesn’t look good for Oregon..measure11 will be with us ..unless the Senators..congressman ..Gov kids get a measure 11…which I hope would happen!!
Some victims can be real mean/some cops can be real mean/some inmates can be real mean…That doesn’t mean Measure 11 is allowed to be cruel. I wish I were younger and not ill and was able to fight measure 11. I would start with early release! I will continue to write letters begging the powers at be to help change the law.
Prayers to you and your son Cindi.
Sharon…I am 64, lived in Oregon since I was 19. Never have had any problems with the law. I have two sons….one is 39 and one is 35….the 35 year old is the one that went to prison….are you thinking you can’t live in Oregon without getting in trouble?
You can get in trouble in any State….seems to me we should use laws like M/11 as a deterrent. It’s been the law for a very long time….we should all teach our children to respect the rules so they don’t get caught in the web.
Thank you Sharon that means alot to me. I wake up everyday and pray that some one any one will see through the lies this women has told. And trust me there has been alot of them. Some of them so wild and out landish that any normal person would see through them.
Z….I have never had any problems with the law until we were hit with measure11. I have two grown kids…who have never been in trouble with the law..I was clueless about measure 11 until my grandson was charged. The grandparents of the girl had given permission for them to date. My daughter was told by the grandmothers daughter “don’t talk to my mom…she’s crazy” we found out she is crazy. My daughter stopped talking to her and that is when she went to the DA! The police coreced my grandson into confessing (all a trick by the da) The cop put grandson at ease and said”When I was in school seniors dated freshman all the time” The girl had a rough time she was kicked out of all schools, lived with her aunts and grandparents. She lied and said she was 15…
I would like to live in a state where there is not mandatory sentencing!
Yes, a peson can get into trouble in any state. I raised my kids as a single parent without any problems.
Using m/11 as a deterrent is not the answer. Many accusers are believed because the da’s want m/11 to work.
How did your son end up in prison if you taught him to respect the rules?
The law should not be brought in when teens have sex…Until m/11 became popular…teens were not thrown in prison for 7yrs. It’s a parent problem not prison.
Cindi, I do pray the womens lies will be known.
I have a friend who is a PI he told me afterwards…I should have made known that the girl was not lilly white and the grandparents abused her…hitting and such. The girl would steal her grandparents pain pills and sell them at school…The girl put vodka in the cheerleaders gatorade durning.a game…she begged her grandparents not to go to the da! I felt bad for her as most of the kids at school shunned her after my grandsons arrest!
My (stupid) grandson took some of the girls pills and ended up in the ER…very serious. He felt loyal and would not say where he got them…this happened a few weeks before he was arrested…I wish I had known !!!!I would have been at there doorstep!NO…my grandson does not do drugs and never had a problem with drugs or alcohol….His slate was clean when he went to court….now he is forever a sex offender because of vindictive grandparents!!!
I don’t understand why the grandparents would LIE on the victims statement….the victim did not sign the statement…so weird..
As I have written here for the last 5 years, my son’s “friend” is the nephew of the then Washington County Sheriff. The main guy, the one that runs for office. He pinned the crime on my son….BUT, like I say about each and every person that is either in prison or waiting to go to prison….they put themselves in the position to be blamed.
In our case, my son would never have thought his “friend” would do such things….they had been friends since grade school….but when you are in trouble and you have a chance to incriminate someone, and your Uncle is the Sheriff….I guess you do what you need to do….by the way, this young man is now in prison….he did a drive by and couldn’t blame someone else….he is paying the price.
I did try to teach my son to obey the law, but we never covered what actually happened to him. One thing to remember….cops are not your friend. You watch them interrogate on TV, and even though it’s pretend….their mantra is….the end justifies the means….I have heard all the stories for 10+ years, they are pretty much the same, nothing really changes….we all do what we can to change things….but in the end, it’s still the same.
Yes, the DA wants to score as many points with his constituents as he can….reelection is a powerful pull. I agree with you, and as you might recall, Mannix was a force in Salem and leaned heavily on his part in getting M/11 passed and becoming law in his campaign for Governor…fortunately, he failed.
Are you the Sharon from Astoria?
I found this news article in the Oregonian….This is why the people of Oregon vote in Mandatory Minimums. While this is property crime, the same thing happens in criminal offenses also
Theft ring leads police to arrest Amity man for 46th time
AMITY, Ore. — A man from Amity was arrested for the 46th time this week, this time on drugs and theft charges.
Adam Buster Scroggins, 38, was arrested on charges of first-degree theft, unlawful possession of methamphetamine and possession of a destructive device.
The arrest stems from an incident at about 10 p.m. Nov. 3 when the McMinnville’s Tactical Support Team served a search warrant at 20545 S Hwy 99W in Amity. The search warrant was based on the investigation of an organized retail theft operation of expensive boots and hardware from Wilco and other local merchants. The Tactical Support Team was used due to safety concerns because of the extensive criminal history — specifically the 45 previous arrests of Scroggins — and his associates.
McMinnville detectives recovered stolen property estimated to be worth about $5,000. There were also numerous items of drug paraphernalia and a small amount of methamphetamine and marijuana found during the search.
During Scroggins’ recent arrest, he was found to be in personal possession of a small explosive device. He was lodged in YCCF pending arraignment in Circuit Court. Scroggins and others are expected to be charged with other crimes as police continue their investigation.
Sharon thank you again for your support and prayers. And my son and I will need them even more in the next week. My husband of 30 years has had 2 heart attacks in the last 3 weeks and will be under going open heart surgery next Tuesday. My poor son is broken hearted that he can not be with his father and I on this day.
Z is right you can get in trouble in any state. But Oregon is the only state with measure 11. But my feelings are if it was or is such a good idea why are we the ONLY state with it. Washington and California both have a 3 strikes law but you have to commit 3 like crimes and that almost never happens. I know this because I was born and raised in Cal. and I lived in Washington for a short while. The 3 strikes law is a great deterrent because they know if they commit 3 like crimes they get life. Oh and if a offender moves to one of these states and then commits a like crime guess what they get tried under the 3 strikes law.
Sharon I would not answer Z question remember one of the very first statments on this page is (It is strongly suggested that you refrain from including personally identifiable information.) It seems that Z has forgotten this. No offence to you Z.
No offense taken, I know/think there are 2 Sharons that post here. One has been posting for years, and she has given her first and last name…where she lives and the offense her grandson committed…which is way too much info online….she could be looked up in a flash, but I have no interest in finding anyone, just wondered which Sharon I was conversing with….was just hoping I could figure out how to distinguish between the 2 of them. It would be cool if one of them added an initial after their name….
Zoraida is the name of a friend that lives in Venezuela, I am totally protected as to my identity. Yes, my son fell in Washington County, but that was 12 years ago and we sold our house and moved to avoid possible police harassment soon after he came home…which was in 2005.
I do urge everyone to protect themselves and their person inside….and keep their identify under wraps….
Thanks Cindi because that’s exactly what I was going to comment on-Measure 11 IS NOT THE ANSWER to everything. My name is Vicky and I have been with this community for a very long time.I also go by VG or VickyG63.I was #3 to post here and I have also spoke with thte administrator of this web site when my 15 yr old devlopmentally disabled son went to prison.I am not bragging just introducing myself.I HAD proof when I went to court that my son was developmentally disabled from doctors, psychologists, psychiatrsists, etc …documented proof so I was not someone who was just saying that to keep my son out trouble. I had YEARS of documented proof but the DA refused to take it into consideration. My prayers are with you all. My son has been in for almost 4 years
now. He is in adult prison out in Pendleton.I believe the same as a lot of you do –that this site is for helping each other out-those who are going through the emotional pain of having a loved one incarcerated.My son has a brain disease that cannot and will never be reversed according to the doctors. His mental and emotional age is 3-4 years behind his chronological age of 19.They couldn’t help him at MacLaren so as soon as he turned 18 they shipped him off to adult prison. MacLaren staff called me and told me they had no idea what to do with my son.Adult prison is doing him no good-in fact its doing more harm than good. He has PTSD and has been traumatized over and over by some of the things that have gone on in adult prison. He is not going to know how to live when he gets out. No one was harmed in the crime he committed although the DA decided to trump it up and make a name for herself. His was a verbal threat and his co-defendant admitted to starting it all -its in the police reports I have. The DA tried turning his co-defendant against my son by stating she was going to have his co-defendant testify against him. I know my son well and I know he would never even think about doing what happened on his own and as I said the co-defendant admitted to starting it all but they charged my son with Rob II anyway and sentenced him to 5 yrs and 10 mos. As I said in a previous post I can’t guarantee what will happen when he gets out because he is learning way too many things in there that no child with a disability should learn—or any kid for that matter. A 3 strikes law is much better because it gives a person 2 chances to learn from their previous crimes.I know WA and CA have it.Had that law been in effect here in Oregon that man in the news article would never have made it to 46 times. I read all your posts I get in my email since my computer is on the blitz and have to use my phone. I am also disabled and cannot afford to go all the way to Pendleton to visit. I have to find someone to drive me because my doctors say its unsafe for me to drive for the rest of my life due to my condition so I have only visited my son 3 times this year and I miss him so very much.Since MacLaren sent my son away at 18 he never was able to finish his HS diploma. Now he has to get a GED. He really wanted a HS diploma. I am not putting myself out here for advice from someone who seems to think Measure 11 is the answer for everyone-or be judged. I just want you all to know you are in my prayers and I read each and every one of your posts.
Please read all the stories…I have never given my last name and where I live…I did expose myself on oregon live about 4/5 yrs ago…I never gave my last name and never gave up grandson…I pretened I was a parent of a girl…Z…I remember you saying on oregon live which county I lived in…that is when I quit on oregon live.I went to a meeting in Portland and you Z were there …you never introduced yourself and slamed me the way I was dressed…on a personal e-mail from you…
If you noticed….. the other sharon says she’ll go by Sharon A..check out post 179…I have talked about my grandson here…never given his name or where he lives!!!!My prayers are with all……..Wish ,hope, pray for your son Vicky….sounds like he really got the shaft! What did his lawyer do…??? Contact NAMI…they maybe able to help.
Can’t remember going to any meetings in the last 6 years….wouldn’t have any clue who you are…or don’t know how I would recognize you… or you me, as I never used this name at meetings….the only Sharon I recognize…only from here, I don’t know who she is…. is the one from Astoria….so she must be Sharon A. How would I get your personal email? And how would I know how you dress?
I stopped going to meetings in 2000, after the defeat of the measure 11 reform.
Is your person out yet?
Vicky my heart goes out to you and your son have you checked to see if there is some one that has a loved one in Pendleton that you could maybe share the cost of the ride and maybe a motel room with? There must be other mothers that would love to go see thier son’s more often. And I know there is a motel in Pendleton that is not to far from the prison that even used to except collect calls from inmates while you stayed there. Maybe we should start a web site just for that purpose.
Any way I will be praying that he finds a friend on the inside that will try to protect, and help him deal the ordeal he is going through
kiah in 2008 had a very good point we do need to make more noise, write congress men, ban together and march to the capital demand to speak to the governer. Maybe if he heard from all the mother’s, father’s, and children this law has caused more damage and harm to then has helped they will listen. Its really too bad that our state has turned in to such a nazi state. When I was in my first year of high school my history teacher used to show us films of Hilter’s first rise to power. And this is exactly how us did it. Some thing has to be done
Sharon you are right this is a good place to start http://www.commisission/
“We need to address the disconnect between the large drop in crime and the public perception that they’re not safer,” DeMuniz said. “We need to explore reasons Oregonians do not feel safe.”
Ha ha I can tell them why because Kevin Mannix and the bunch that backed his measures used scare tactics. They flooded the media with scary ads about rape, murder, and beatings. Newspapers, radio, and tv ads and all were very effective.
Opps I ment to say how he did thats what I get for trying to type in the dark
My brother and i stole some shoes at Fred Meyer’s in Feb of 09…. We had pliers to cut the price tags off. So when we got caught they siad the pliers were a “weapon”.Since i was 13, i wasn’t able to get a measure 11. But my brother was 17, so he got a Robbery 2 (Measure 11) they let him out on a Zero Tolerance agreement. 2 1/2 years later, he was to apear in court, for a PV that wasnt even his fault. The judge used the Robbery 2 against him, and he is now doing 70 months. It isn’t fair! My big brother doesn’t deserve to be in there. This is not JUSTICE!
Somebody PLEASE help out my brother…. My mothers comment is at the top “ddousten” in April of 09 when he was first going through trial. Once again we are in the same spot but worse.My brother just got accepted to Willamette, he wa doing good, changing his life around and everything! A pair of shoes should not be worth 70 months!!!! Our judges dont know what they ARE DOING!
SORIANORUIZ14 I am so sorry that this is happing to you and your family.
Z It wasn’t a meeting for reform….It was put on by saftey and justice..re: how to write a good letter to the Editor…we had talked many time on the web site for measure11…we exchanged e-mail…You probably figured who I was as you knew most everyone else there.You suggested I go on Oregon Live…I got slautered!!!My own fault I was just to emotional!!!
Sorianoruiz, I too am sorry this is happening to you and your family..I wish I had answers….so right a pair of shoes is not enough to send someone to prison…
Yes, Oregonlive is very tough. It lets you know how Oregonians really feel about crime and M/11. I would invite anyone that wants to know why M/11 hasn’t been reformed to date, to go on http://www.oregonlive.com ….it’s the Oregonian newspaper, interaction web site and start a conversation…tell your story, see what happens, but be careful not to give personal information on there. I have received phone calls from Steve Doell….first he called my oldest son to try to intimidate me, he has an interesting story….
My opinion is that Partnership for Safety and Justice is spread too thin….too many issues in too many States….don’t think they have actually made any in roads, and the guy they hired to lobby for M/11 reform …Geoff Sugarman was a joke.
The problem is and always will be, we don’t have money….it takes at least 1 million dollars to get anywhere….and since reform is so unpopular, no groups will support the movement.
Sorry Sharon, I do know many people that have worked for M/11 reform,…..but right now I can’t place you.
I hope you continue to work and advocate for reform. Yes, Kitzhaber said he was against M/11 back when he was the Gov last time, but when it was time for him to stand by our side….he was no where to be found, same thing with Hardy Meyers, Attny General of Oregon….he was a no show….and remember, the law cannot be changed unless there is a 2/3′s majority vote to change it. I hope that will happen. Right now the legislature isn’t in session, but in January they will reconvene, … that is the time to make appointments to go to their office and meet with them….it works best if you meet with your legislator….you vote him/her in or out, you have pull.
If anyone decides to do the Oregonlive thing, let us know so we can support you….
My son and his girlfriend got into a argument. She bit him and he hit her on top of the head with a umbrella causing no injury. He was charged with assult 2 and. Unlawful use of a weapon. He went to trail, lawyer saie this is not a assult 2. He was found guilty and doing 8 half years. The da was able to convene. The judge the umbrella is a dangerous weapon.
The jury must have been asleep! Measure 11 is getting worse and worse. How did the law get involved?
Sharon, The law can’t change….it can’t get worse…. It is the same as always accept the legislator added offenses to M/11 many years ago….
It isn’t the law that’s the problem, it’s how the DA’s try the case. It didn’t have to be tried under M/11, that was the DA’s choice. Obviously from the testimony both the Grand Jury and the jury heard….true or not, there was evidence to charge and convict. And it sounds like the DA has an axe to grind because Assault II is 70 months….which is 5 years 10 months….your person is doing 102 months 8.5 years which means the time is consecutive not concurrent. That usually doesn’t happen for first timers.
did he have a previous record, is this his first time in trouble?
YES, DA WAS MAD MY SON DID NOT TAKE A PLEA. DA CONVINCED JUDGE (WHO IS A NEW JUDGE THAAT CAME FROM BUSINESS LAW, NO CRIMINAL LAW AT ALL) THAT THE UMBRELLA WAS A DEADLY WEAPON. HE WAS FOUND GUILTY OF ASSAULT 2 AND UNLAWFUL. USE OF A WEAPON. 70 MONTHS FOR A2 AND 32 MONTHS ON THE OTHER. PRIOR RECORD SHOPLIFTING. THE POLICE GOT INVOLVED. BECAUSE 5 DAYS AFTER IT HAPPEN SHE WAS AT WORK AND A COWORKER ASKED HER WHY SHE WAS RUBBING HER HEAD AND SHE SAID HER BOYFRIEND GOT INTO A FIGHT AND HE HIT ME AN TOP OF MY HEAD. THE COWORKER CALLED POLICE. MY SONS LAWYER SAID THIS IS NOT A ASSAULT 2 AND TTAKE IT TO TRAIL. GUESS WHAT GUILTY.
Since your son did not take a plea, he can appeal….possibly his attny will take the case. He needs to find out as quickly as possibly when he has to make his intentions known….there is a timeline. Is he still in County or is he in Intake or has he gone to prison….there are inmates that work on cases and there is a law library….see if a precedent has been set, and how that case was handled. If he uses the law library, he will meet people that can either help him or tell him what he needs to do.
If you have had previous issues, you can count on the DA being tough. He needs to take classes that shows you how to make different choices when dealing with issues like this. Hopefully he will sign up for every class they offer that he can take…..M/11 are not eligible for all classes….
Yes, we have are filing appeal. First ground judge would not grant continuance for phone company to provide records. Phone company said it would take two more months. This was important to show contact weeks after incident where she keep calling my son. My son is in intake at this time. Don’t get me wrong I am a beleaver in the law. But I don’t think that the voters had this or all the other horror stories on rhere mind when they voted.
Great, now you have something to work with….no plea…..
What does “First ground judge….mean?
Why would it take 2 more months to get the records? We can go online and print all calls in and out instantly….did you check on doing that? It might help speed things up.
I think what some of you don’t understand, is the law covers the worse case scenario and the best case scenario for all charges. If you case isn’t the worst of the worst you still are sentenced under the guidelines…..that’s why the ACLU is so misunderstood…same thing….anyone want to “talk” about this comment????
Coffee Creek volunteer receives $10,000 fellowship to expand garden, sustainability at prison
Published: Friday, November 25, 2011, 10:00 AM Updated: Friday, November 25, 2011, 1:30 PM
Molly Hottle, The Oregonian By Molly Hottle, The Oregonian
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John Valls – prision garden works in Coffee Creek Correctional Facility’s organic garden with an inmate. Rutt, a gardener and Portland State University adjunct faculty member, volunteered to help expand the garden and start a five-week gardening course for inmates.
For five weeks a year, Debbie Rutt goes to prison.
Not as a sentence for a crime, but because three years ago Rutt planted a garden in Coffee Creek Correctional Facility in Wilsonville to provide the female inmates there with the opportunity to learn how to plant, grow and harvest their own food.
The garden takes up about 6,000 square feet within the prison walls, but with help from a $10,000 fellowship Rutt recently received, she hopes to double the space, add a greenhouse and add sustainable measures for both the garden and the prison.
Rutt is one of 40 people awarded the 2011 Together Green Fellowship, co-sponsored by Toyota and the National Audubon Society. She applied for the fellowship with the support of Northwest Portland’s Audubon Society of Portland.
The fellowship will give her $10,000 to put toward expanding Coffee Creek’s organic garden, adding a system that catches rainfall for irrigation and creating a composting program that will use food waste from the prison’s kitchen.
Rutt, who volunteers all of her time at Coffee Creek, also hopes to add a greenhouse to the garden to expand her gardening course beyond the five weeks in the summer it is now offered. With a greenhouse, the course could be year-round.
“It’s a unique space in a harsh environment,” Rutt said. “I love gardening, and it’s especially fun to work with people who are eager to learn.”
Eddie Gonzalez, program manager for Together Green for the National Audubon Society, said this is the first time a program inside the prison has been chosen for one of the fellowships. He said Rutt was chosen because the program not only reaches a group not often exposed to sustainable gardening, but also because the inmates are able to take what they learn with them after being released.
Rutt “is working with an audience of women inside Coffee Creek Correctional Facility, that’s a community that would be very difficult for (the National Audubon Society) to engage through our means,” Gonzalez said. “Their ability to do onsite composting, water harvesting, these are skills they’ll be able to use no matter where they end up.”
Rutt requires the inmates participating in her course to plan a garden of their own as a final project. Another program at the prison allows children of inmates to visit their mothers while they work in the garden.
“I think it’s a really powerful experience, and the kids get to take part in the planting and harvesting,” she said. “It’s a really healing environment.”
Rutt’s experience at Coffee Creek began when she volunteered to teach yoga classes to inmates. When she realized the prison didn’t have the technical and community support to sustain the garden it had at the time, she offered to help.
Rutt is an adjunct faculty member at Portland State University and co-owner of Portland’s Natural Gardening Landscape Services. She also earned an Organic Gardener Certification from Oregon State University.
Three years later, the garden produces tomatoes, squash and other vegetables for the prison’s kitchen, and10 percent of the produce is donated every year to a community food bank. And last summer, 25 inmates graduated from her summer course.
“One woman at our graduation ceremony said being in the garden felt like the only place where she was able to let down her guard in the prison,” Rutt said. “People talk about spending time there and for that small amount of time, letting go of the stress.”
During the next 18 months, Rutt will go through training for her fellowship, and by the end of that time will have the upgrades in place at Coffee Creek.
Anyone hear oregon number 2 in united states in RAPE. M11 doing a great job
Terry, here is an article I found in today’s Oregonian:
WASHINGTON (AP) — The FBI says violent and property crimes reported to police are dropping despite tough economic times.
An FBI report out Monday says violent crimes reported in the first half of 2011 were down 6.4 percent compared to the first six months of 2010. The number of property crimes, including burglary, larceny and vehicle theft, decreased 3.7 percent.
All four offenses in the violent crime category — murder and non-negligent homicide, forcible rape, robbery, and aggravated assault — decreased between the first half of 2010 and 2011. Robbery experienced the biggest drop of 7.7 percent.
The report is based on information from more than 12,500 law enforcement agencies. There were drops in every region of the country.
Merry Christmas to all and loved ones incarsarated..
I don’t believe measure11 has helped lower crime in Oregon…We have so many inmates sitting in prison for very low crimes.non/violent!
Mandatory sentencing needs to go bye-bye…There must be a better way to FIGHT real CRIME! I will never understand throwing someone in prison without earning good time??
I will never understand locking someone up and throwing away the key…Maybe some guards are nice…but they do work for the STATE!
God bless one and all….
Sharon….Merry Christmas to you and to each of you reading this blog….
Sorry, you are leading people astray….Measure 11 ONLY deals with violent crimes…..should I post it again?
If we are to help each other, we have to tell the facts just as they are….not add emotion or fantasy into the mix…….
wow…Z…I know of many in prison for NON-VIOLENT crime…Have you not read the stories on this page.
I do not believe underage sex is violent!I do not believe throwing a mental/adhd/bi-bolar/reasonable doubt/false accusing and testifing/da’s always lieing..bad dumb defence attorneys/on and on…innocent bystanders at the wrong place and the wrong time…
Yes, please post again…I believe da’s use bm11 and twist to fit their agenda! woola…a plea… money!!bm11 should deal with violent crimes ONLY…
Please don’t get me wrong I am against crime! I am really really.. against bm11…There are more SANE ways to deal with non/violent crime!
I would like to see the money put into schools/drug rehab/food/shelter/clothing!
The money from bm11 is floating all around Oregon …Defence attorneys are raking in! State attorneys are paid less …they also get xtra money..Judges are paid for nothing! Xtra court staff/the list does go on! I would be so happy is one of our leaders changed measure11…He would be my HERO!
When an adult has sex with an under aged person it is legally considered statutory rape, rape is an act of violence….violent acts fall under measure 11. That’s it, no exceptions.
You have to follow the thread in order to understand how it works.
It doesn’t matter who thinks it’s ok, in the eyes of the law, it is illegal….if you don’t like the law, help change it…..
Oh, no I don’t read the stories….I would be interested in reading the court documents….but people don’t make them available….why???? because on here, they only tell one side of the story, leaving out many details….count documents tell the details on both sides of the story. I have asked for document numbers….so far I have gotten none….people really don’t want the whole story out in the light….That’s why it doesn’t make any difference to tell your story to legislators….it’s slanted….in your persons direction. Have you ever thought it odd that no one represented in these blogs is guilty…
Merry Christmas. I will never ever understand throwing 15 year old kids in prison with DOCUMENTED developmental disabilities and organic brain disease that can never be reversed. There has to be a better way.This is just causing these kids more harm than good.If they require 24 hour supervision then they should provide it because some of us have no choice but to work.I HAVE DOCUMENTED proof and had it at my son’s sentencing and conference but it did no good. I have YEARS of documented proof from Psychiatrists,Medical Doctors, Social workers, Psychologists,Therapists, you name it I have it. So even having PROOF does no good.So if anyone says you need documented proof it will make a difference it was not true in my son’s case and he didn’t even harm anyone physically or commit a sexual crime. So yes Measure 11 sucks. It may be ok for aggravated murder, rape or crimes like that but verbal threats??? From a 15 yr old with developmental disabilities?? C’mon. Yes, me and my son ARE victims of a law that is so screwed up.I don’t PLAY the VICTIM, I am a victim and my son is suffering for it.There needs to be many changes to this law for kids like this. Everyone, including social workers, which was my college major,KNOWS it is hard to provide 24 hour supervision. Even probation officers will tell you this-they know barely any parent can provide 24 hr supervision. Social workers like to recommend this but they also know it’s not very easy to do and most know it most likely won’t be done.Now if someone were willing to help out with 24 hour supervision of these kids it might be easier but that help is never offered.My son will be out in 2yrs and the sad thing is he will be 22 yrs old and he won’t know how to live. He will suffer from Post prison adjustment disorder as do almost all inmates that spend years in prison.That’s what M-11 does for these kids.For those of you that have kids that went to prison at an early age under M-11 do you wonder about these things? Having the brain disorder is going to make it twice as hard for my son. People of Oregon we need help.Putting our kids with developmental disabilities and mental health issues or biological brain disorders is NOT the answer. It makes matters worse. Holidays are the worst time of year for me since my son’s been gone.I haven’t had an Xmas tree for over 4 years now. I have trouble going into his bedroom. It is a disaster for my family. I contacted NAMI I was getting help when my son was out. I have 10 years of documentation for my son and his brain disease and disabilities but M-11 has no clause to help kids like him.
Vickie….
What do you suggest? Good solid suggestions would be helpful. We as the public might/not have had contact with people with your son’s problems….we certainly don’t know what needs to be done.
Draw up viable, unemotional, factual documented suggestions and present it to your legislator. Work with groups that champion mentally disabled people….not just your son, there must be logs more than your son in this situation….I think they are working on a possible overhaul in the system.
YOU need to do everything you can to get help for your son….WE don’t know what is necessary.
I’ve been told “statutory rape” is not used anymore the law doesn’t recognize… after bm11…so says a defense attorney
my fiancia got 3 yr for probation violation . not communicating with his probation officer when he moved across town. so because of that he got into trouble 1 month from 5 yrs ago. came home from work to find his 2 best friend in his home sleeeing with his wife. so he had to go thru th window of his home to get in because they locked him out. he beat up the 2 guys which i know any man would do in that situation. they shouldnt of been in his house sleeping with his wife. so they charged him with measure 11 but said do all ur programs and dont get into any trouble in 5 yrs and we will not make u do any time. but if u do get into trouble in the next 5 yrs ull do the 3 yrs . so hes been great got a probatin violation 1 month before the 5 yrs was up got 37months. stupied. all he did was forget to call his probation officer.
i miss him so much. hes not a epeat offender. his buddie wrote a bad check fo over 100,000 dollars and only got 6monts what the heck… our systm is so scrwd up… get it together people. yet i see guilty people walk every day why cant he. he did all his programs. paid all his fines. did his time. and doesnt do drugs drink or smkoke hes a good guy. i want him home please help hes in S.C.I oregon. SID#14543523 please take it to court again and free him.so missin are hero
Vicky….
There is an article in this pasts Sunday’s Oregonian….I am sure you can still find it online….all about Max Williams….DOC Director….and at OSP there is a mental health unit….might want to check to if you can get your son moved there to be in that unit….dont know anything about the criteria to be accepted…imagine it would be for severe people which probably wouldn’t fit your son .
Sharon….My son went in in 1999 and has been home since 2005….so I don’t really know all the latest info….depend on you people with folks inside to keep fresh information available. How ever they call it now. It is still considered a violent crime. that’s why it falls under measure 11….measure 11 ONLY deals with violent crime. I’m thinking there is a semantics issue between you and the State.
I feel for you and it breaks my heart to hear sad stories for you Vicky….and Anon..and ALL the unjustly accused..There must be an answer…Please call FAMM anon…..Call Nami Vicky again…… or go to a group meeting in your town…The PO was not forgiving…nor were the courts…Yes..Any man would have done the same after finding his wife in bed…I hope he left her!!
Have you tried writing to the Judge or the probation office… Gov…Praying someone will hear your pleas..
anonymous…can’t understand some of the sentences….could you repeat more clearly….
One of the reasons post prison supervision, probation etc is so stringent is….the people the rules are imposed on were 1) above the law 2) rules were/are for everyone else but not for them 3) never learned you have to follow the rules…..so there is a list of rules every parolee must follow and there are rules that each person has to follow for their PPS….there are reasons the PO wants and needs them to be followed…. that is to make sure the felon does what every one else on the planet is supposed to do….go by the rules.
Making sure your PO knows where you live and how to reach you is a major rule while on PPS. Seems to me one would never forget such important rules.
He was given a deal….that deal came with rules….he messed up after accepting the deal ….back to prison…. how can anyone argue with that?
here is another example….I learn how to drive, I am given a license if I agree to follow the rules of the road….I get my license, I break the rules, I hurt/kill/crash into/ or get ticketed etc someone….because I didn’t follow the rules…..should we all just ignore that….it’s all the same thing, just different consequences…..it’s the life we all live every day. Where do we draw the line….for your person but not for mine….no, the line is drawn when we accept the deal….then we are RESPONSIBLE to follow those rules.
Z….wow was never intending to play semantics…simply thought it was interesting they don’t use Statutory Rape any more.I’m quite aware what the law makers have done…Sometimes I feel you pick on me…and others..lol..not feling sorry for myself and nor do others they stick up for their beliefs…what they have heard, read,
We aren’t all in the KNOW…LIKE, YOURSELF So give me and others a break
Hi everyone just wanted to let you all know that my son has gotten a great public deffender and it looks like we just might beat this case. Anonymous it is to bad about your friend and I do hope he has kicked her to the curb, but he should have kept his PO advised of his where abouts, and his move. Vicky I do pray that you will get help for your son soon. And either get him moved to the right type of facility or bring him home. And Sharon you are right there are lots of wrongly accused in prison or sitting in jail awaiting trial. Oh and Z no one is going to give you document numbers. Frist off it is none of your business, second we do not come here to have our loved ones judged by you.
It a matter of public record…and of course you wouldn’t, that would give a complete picture of the crime….and we only want our side made public….so no one online knows the whole truth.
Not a problem….just saying….
That’s why is does no good to write letters to the legislators”telling your story”….do you thin they were born yesterday…..
Hopefully you will share your persons outcome, I too hope he is found innocent if he is innocent.
So happy for you Cindi…I pray you and son beat the case!! Wonderful!! you have a trusted attorney who believes in you and the horritable, cruel bm11..Keep up the fight!!
Sharon….you gotta get in the know….if you’re going to fight for reform or repeal, you have to know everything. I am not tough compared to parents of murdered children/loved ones, family of rape victims, people that have had their possessions stolen by people that don’t want to work for a living….but want to take from people that do….I am not tough at all….face one of those people, tell them your story and see what they have to say….you will think I am a kind gentle person.
I wasn’t born knowing the people I know and information….I learned it due to circumstances I found my self in. Doesn’t take long….just need to join in and learn….gotta be tough, cause we are all in a very unpopular war.
Don’t get nasty with me…..get tough with your kids and family that are in prison…make them responsible for their actions….don’t give them excesses for their bad behavior….or they might go back. Don’t point fingers, find out how you can help your person make better decisions about what they do or who they hang out with. Life is hard….and it’s a hell of a lot harder after you have been incarcerated than it ever was before….
My heart does go out to victims. That does not mean I agree with bm11!. As I have stated! It’s a cruel un-just law! What about the victims who post here? My heart goes out to them…We need better laws to pinish the crimnals. Not! 1 strike and your out! Insane!
It’s like fishing! You throw the net out there, hoping to catch the BIG one..and keep all of the incidental catches!
I would never excuse the behavior of people charged with bm11.Where do you come up with your lectures? So you don’t agree with me…You really don’t have the right to lecture me. So stop!
Yes, we are in an un-popular war…so why do you feel you need to lecture instead of kind advice?? Sounds like your bitter..get over it!
I am pointing fingers at the State and all voter who voted bm11 in…Mannix is a loser!
come-on Z…Accept the FACT…BM11 is cruel and unusally punishment!
Sharon sweety Z isn’t picking on you or any one else lol they can’t help being a self righteous know it all that thinks that thier way of thought is the only way of thought. But the truth of the matter is if they had practiced what they preach they’er own kid would have not ended up incarcerated. Nor are they smart enough to know that it is not them that has kept thier kid from going back to jail it’s the kid. Or possibly they are so in need of some one to recognize and pat them on the back for how smart they think they are or who they think they know that they have to blow thier own horn.
Or maybe they have not learned yet that NO one on here cares what or who they know. What we DO care about is that we have some one that is incarcerated. And right, wrong, indifferant, guilty, or innocent they are our loved ones.
I also find it quite odd that in Z’s eyes our loved ones are only maybe innocent and maybe falsey accused of which they have repeatedly pointed this out. They have repeatedly told us we were not tough enough on, or did not properly take care of or raise our childern right, and then in the same paragraph that they said this they also say don’t point fingers.
And I do find it very interesting that our kids might only possibly be innocent or that it is our fault that they went astray. And Z would need to read the reports to decide this. But when thier kid got into trouble it was the Washington County Sheriff’s kids fault not her’s or his.
And do I have compassion for the victims you bet I do. As I said in the past I have been on that side of the street. But it has not blinded me to what is right and wrong. Nor does it make me believe that every one arrested or convicted is qulity.
Cindi….
Interesting the different opinions I get on my comments. I get a lot of support on my almostout05@yahoo.com address, but not so much on here as no one want to hear your nasty comments on their feedback.
No, I am not picking on anyone. Just amazed your attitudes never change….always someones fault….and since you don’t seem to comprehend my comments…..Yes, it was the nephew of the head WCS that blamed my son for a crime….but….and this is the part you seem to forget I have said many times….MY SON PUT HIMSELF IN A POSITION TO BE BLAMED……hence my comments on being careful about who you hang out with.
I do not have any interest in judging your inmates, they have already been judged and are either in prison or in intake. I have been where you all are, and I do know the pain you are going through….but there comes a time when you have to face reality….your inmate put you in this place….it wasn’t the judge, jury or Mannix or even me
….it was YOUR person. The judge and jury were left to decide what is truth, based on….past record, testimony, evidence, etc. Everyone else in Oregon….that hasn’t been in prison….seems to figure out how to stay out of prison….but your person didn’t. Whose fault do you think that is? Who made the choices to be with unsavory people, or do things that are against the law. In our case, we were friends with the family, had the kid spend weekends at our house and treated him like any other acceptable child….we were wrong….I admit that, We didn’t monitor our son like we should have when he was with this kid because we knew him and his family. Did you hear it WE WERE WRONG…..
We came to grips with our part in our sons crime within the first year he was inside….since then, it was our duty to him….since we failed him and allowed him to be with people that would help him get into trouble….to encourage him to get back on the correct path….we didn’t want him or us to make excuses….we wanted him to take all the programs, classes, learn every thing the State had to offer him and gain from it….and WE learned the ins and outs of the corrections department.
I found it important to know everything I could about the DOC because after meeting with legislators I knew telling my story was not going to change anything….I needed information to refute claims made by the Mannix and Crime Victims United.
OK, all your finger pointing, and nasty comments to and about me don’t change my resolve one bit. I don’t really care about your person inside….I care about the law and how it is used….that is the important part that none of you seem to comprehend….so get your heads out of your asses and open your eyes….it’s not about your kid/person….it’s so much bigger…it’s the whole State of Oregon that is under the oppression of this law….
******Of course I wouldn’t really read the court transcripts of your person’s case…it doesn’t help the cause….just wanted to hear you squirm…hahaha ttfn
We had all the years leading up to 1994 with Judges in charge. With each case each person found guilty, was judged and sentenced individually….it didn’t work either….. people got tired of it, Mannix saw a way to get in the limelight by appeasing the voting population, figuring he would ride to the Governors Mansion on it’s coat tails….thank God that didn’t work. But, the voting population were tired of lax sentencing and the revolving door and voted in a tough on crime law, Mannix made sure it wouldn’t be easy to get rid of by making it unchangeable unless 2/3′s majority agreed. Pretty smart people…..
My problem isn’t with measure 11….my problem is how the DA’s use it. If a person commits a violent crime, they should spend a lengthy time in prison. Enough time for them to understand what they did wrong and how to live differently and how their sentence will be over, but their victim is impacted negatively forever….however, the DA has too much power, and that needs to be changed.
Could comments be kept to the law and how that can change and not your individual case?….thanks
Thanks for responding! You are so right! Look at Missing my brother story…Many, many more are NOT GUILTY! Z probably feels guilty for the how she raised her son! Sometimes they are at the wrong place at the wrong time! NOT GULTY.
Yes, yes keep writing rep/leg/gov…It does help..I have written to all a dozen times. Some respond..
Praying for you and family!!!
Sharon….you need to provide documentation about the “many many more” people that were let out of prison because they were falsely convicted under M/11.
I know of only 3 cases, and in one case….A Good Journey….he had completed his sentence before the appeal was granted….and from my communications with family members in 2 of these cases…..their record was nt expunged….so, while 2 of them didn’t have to do all their time….one did.
I still have contacts to people at the Dome Building….I would like to know who or at least where all the many many people are……
Now I do believe about 10% of the people tried and convicted are railroaded by the DA and are innocent … and I do believe most of those are sex crimes. in way of child custody cases….but formally being released from prison for wrongful conviction….please provide documentation….I’ll run it past my contacts in Salem….we need to keep this accurate…..
Z…so you must believe in mandatory sentencing?? Of course the DA’s love it..BM11helps them…they always will as long as we have bm11!!
I like reading the stories…they mostly show how cruel the law is!!The punishment doesn’t fit the crime!! It doesn’t look like you’ll ever understand??
People make mistakes…Bring the judges back!! Voters made a big mistake voting bm11 in…Again if any reps family were charged with a measure 11…everything would be different..I would bet on it!!
No nasty comments …I just don’t care for your attitude and don’t mind telling you..Everyone doesn’t think like you…surprise..surprise
Z there are many…many inmates sitting in prison for non-violent crimes. ..but not for kids fighting in the school yard or park…or first time offence with a clean record!!!!Or sibling fighting…stealing a pair of shoes… the mentaly disabled….facing a measure11 because you gave someone a ride…there are so many non-violent prisoners in prison because of measure11..Do yourself a favor and read the stories…you might just realize how non-violent some cases are..With you as a supporter behind the repeal..I fully understand why it failed..
You misunderstood…I didn’t say many, many people were let out…I meant to say many, many people are sitting in prison..for non-violent crimes or innocent of the crime!
I have no problem with mandatory sentencing….I have a problem with how the DA uses it.
This board is about measure 11, and being this is the United States, I am free to think and say what I want….I understand I can’t yell FIRE in a crowded arena…..I have been through the system, we came out the other side. I have had time to understand the hurt I felt when my son was incarcerated, and come to terms with it. I don’t blame every one else for my son going to prison, he was accused of breaking the law, he was convicted, and he did all his time….he was a measure 11.
I am in touch with many people who have loved ones inside, coming home, or are already out. Some of them think like you, some don’t….
I am not keeping things from changing in Salem, my attitude is no more important to the Legislators than yours is. If you read the Blue Ribbon report that was given to the Governor….you realize fairness and long sentences are not what is making this machine move….It’s money, ….money that the State does not have. So your story is of no importance….they are not going to tell you that because they are all elected and need your vote
You need to stop focusing on me, and start figuring what YOU can do to reform measure 11, you’re not keeping your eyes on the prize….I don’t think they can change it with out the people voting….and you can think Oregonians think they made a mistake, but Oregonians are tough on crime….and the media keeps them feeling that way.
Do your homework, figure out what YOU are going to do to further your agenda and stop bitching at me…..call your legislator, make an appointment and go visit with him. Try not to whine, their time is valuable…..MOVE ON to the next phase
Better read this ….somewhere down the line one of you will say this is cruel and unusual punishment….I am sure it will eventually pass.
http://www.katu.com/news/local/Mannix-to-push-lawmakers-to-adopt-Castle-Doctrine-136866178.html
Z…I don’t believe I or anyone else is bitching at you!
I do not believe in Mandatory Sentencing for any reason., hardly whining.Simply saying!
FAMM is doing such a good job fighting against Mandatory Sentencing. Now, if we could take the power away from the DA’s It would be a answe to most prayers!!
As I have said in the past!! It’s like fishing…
You throw a net out hoping to”"”" catch the big one and keep ALL the incidental catch”"”" How fair is that
moving on…….does any one have comments about the report Gov K commissioned? Love to hear pros and cons….
I guess I didn’t see it…please post…thanks
You all should have known about it and been looking for it to be published. I have had it for a few weeks….but then I am active in making a change in the system, not whining and bitching….that takes up a lot of time that you could be doing something important….
This is exactly why we can’t get any thing done….no one is doing anything except blaming every one else for their person’s problems.
I emailed it to Miss My Brother….he’ll post it for me….
CHADD is a very good site! For the mentally disabled in jail/prison…They do have rights!
Wow…you are so mean Z!!!!Excuse us for not seeing it…we are very active!! Do you ever say anything nice??? Why didn’t you post it??? How come you never post anything about the mentally ill?
Z….. I forgot to add..I’ve been reading FAMM site quite a bit! They are a awesome group!!! Have you read any of their information??…alot is happening..I actually donate money to their group!!! Safety and justice is also a very good group!! Have you read any of their information…?????
Please share information as in (Gov K commissioned) would have been so helpful…Instead of blasting us for not knowing…Thanks…and have a nice day!
Another very good site is “the sentencing project” or sentence speaks…I believe FAMM are the ones who give us this…Prison Talk is another very good site!!!
All I ever hear is how great measure 11 is and how it has cut down on voilent crime. If this is so then can someone tell me why have we had 6 drive by shooting’s in Portland in the last week. And why was a 14 yr old girl attacked and beat up on the green line max train coming home from exchanging Christmas gifts at Clackamas Town Center just a week ago.
Measure 11 is not the answer because it lumps kids, and first time offenders all into the same group. It also place’s teenagers in prisons where they should not be. And the cell block is the best school for some one that is looking to learn. Children go in having committed an assult due to a school yard scuffle only to come out a commen thug. They learn to steal, rob, do, sell, and cook drugs. Not because they are bad but because they are young and easily infulenced. And they learn how to do this and not get caught.
I do not blame you Z, or Kevin Mannax, the judge, the jury, nor do I blame the voters that were duped into voting for this law by being told that to keep a man in jail for 25 years would be cheaper then insuring thier car for a year. Do I think its a dumb law yep I sure do.
Do I think my son is innocent not only do I think it. I know it, he has passed not just one lie detector test but he has passed 3 each one more in depth then the other. He has also been given and passed a in depth psychic eval. And his Attorney has found so many inconsistency in the statements his wife gave the police that I can’t wait to see her squirm on the witness stand.
And for those of you that are not a true born Oregonian or not old enough to know this, Oregon had a habitual offenders law that was removed from the books in 1974. Because it was deamed a unfair and a costly law. And it was removed by the very same citizens that voted in measure 11 give or take a few transplanted Californian’s thrown into the mix. Hmmmmmm go figure.
If we had a 3 strike law like Washington and California after the 3rd crime there would not be a 4th. It would put the out come of a trial back in the hands of the judge and jury. We also need to change the way the jury works. The right to a trial by a jury of 12 of your peers is a basic guarantee by the The Sixth Amendment of the U.S. Constitution. But in this state they give they give you 12 but it really only takes 10 to convict you. So unless 3 vote to aquit you your screwed.
Commission says Oregon can avoid big run-up in prison costs
Oregon could spare itself a continuing run-up in its billion-dollar prison system with changes to sentences, parolee programs and juvenile justice, a state commission concluded today.
The seven-member Commission on Public Safety suggested broad reforms in a report heading Friday to Gov. John Kitzhaber, who appointed the group.
The report was to be the commission’s final act, but its first recommendation in a draft copy obtained by The Oregonian is that the governor keep it alive into 2013 and add members.
The time is needed, the commission said, to figure the best way to overhaul Oregon’s sentencing policies, a patchwork of decades-old guidelines, recent voter initiatives and legislative actions.
The commission said far more is known now about how to punish and reform offenders since the last thorough reform of sentences in 1989. Proven techniques could drive down recidivism, mitigating the need to build prisons and add thousands more beds.
Money motivated Kitzhaber to put the group to work. State forecasters estimate that Oregon’s prison population will grow by 2,000 over the next decade. The state Corrections Department said it would need an additional $608 million in coming years to house that population, including building prisons.
Some of that cost can be avoided, the commission said.
More
The Oregonian’s continuing coverage of the Commission on Public Safety, appointed to find ways to contain Oregon’s spiraling criminal justice costs.”Many opportunities exist to improve how Oregon protects its residents from crime while limiting or reducing costs to government, to the public and to victims of crime,” state Chief Justice Paul DeMuniz, the commission’s chairman, said in a cover letter to Kitzhaber.
The commission cast its findings and recommendations in restrained language, well aware of Oregon’s political divisions over crime and punishment. But the effort didn’t mute the Oregon District Attorneys Association, skeptical of the commission’s work from the start.
“The commission has missed the mark by focusing on only one aspect of the criminal justice system: sentencing,” said Wasco County District Attorney Eric Nisley, president of the state association. He said current sentencing policies work.
The Oregon Anti-Crime Alliance made a last-minute bid to shape the commission’s recommendations when its president, Salem attorney Kevin Mannix, called DeMuniz at home Wednesday evening. The final report included minor changes offered by Mannix’s group.
Mannix and others have built on public opinion that crime needs a hard response, but the commission found that Oregonians aren’t well informed.
“Oregonians’ beliefs that crime is high and rising is at significant variance from the reality, but completely rational considering the media and entertainment content feeding the public’s fascination with crime,” the report said.
The commission leaned heavily on research to bolster its recommendations, which it approved by teleconference today. The group met month after month through the fall, listening to experts and getting long reports on everything from prison costs to Texas reforms.
DeMuniz said today that research from “evidence-based programs” should drive sentencing reforms. Policy-makers didn’t have that two decades ago, he said.
“We’re much better informed about how to protect the public and what works with reforming offenders and in reducing recidivism,” he said.
The commission proposed no specific changes to current sentences. Instead, it suggested that a reform package that might be ready for the 2013 Legislature could factor in existing sentencing guidelines, voter initiatives such as Measure 11 and “advances in the science of recidivism gleaned from the last 20 years.”
The commission said the key to cutting recidivism is doing a better job readying inmates to return to their communities. In 2011, Oregon prisons released 4,500 inmates, but just 2.5 percent of the $1.4 billion budget at the Corrections Department “is spent on programs and education for those in prison to prepare them for re-entering society.”
The commission said Oregon is paying a price for escalating prison costs. Under the current state budget, the report said, the Oregon State Police can’t staff around-the-clock patrols, the Oregon Youth Authority closed 150 beds, and counties lost $26 million used to supervise released offenders.
Such circumstances will worsen without reforms, the commission concluded.
“The construction and operation of more prison beds will likely result in fewer resources for other segments of Oregon’s public safety system,” the report said.
—————-
Commission on Public Safety’s recommendations:
•Reform sentencing to slow prison growth, avoiding a predicted 2,000 more inmates.
•Use savings from trimming the prison population to combat recidivism, and spend more to ready inmates for freedom.
•Bolster programs to help crime victims, particularly those of domestic and sexual assaults.
•Use more cost-benefit analyses to sharply direct spending.
•Better assess risks and needs of offenders at sentencing, shaping punishment to individuals. Give judges, now restricted by minimum sentences, more discretion.
•Give Oregonians more information about crime to foster support for more cost-effective sentences.
•Extend the commission’s work until July 2013, and add members representing sheriffs, police chiefs, district attorneys, defense attorneys, victim advocates, judges, and addiction and mental health experts.
Commission on Public Safety urges overhaul of Oregon sentences
The state commission examining Oregon’s justice system Thursday recommended an overhaul of the state’s sentencing laws, increased spending to drive down recidivism, and improved programs to care for crime victims.
The state Commission on Public Safety will deliver its recommendations Friday to Gov. John Kitzhaber, who appointed the commission earlier this year. The commission met by teleconference Thursday to approve its report.
“Many opportunities exist to improve how Oregon protects its residents from crime while limiting or reducing costs to government, to the public and to victims of crime,” said state Chief Justice Paul DeMuniz in a cover letter to the report. DeMuniz chaired the commission.
The commission concluded that if prison growth continues as forecast, Oregonians will have to spend more than $600 million for prisons.
“The construction and operation of more prison beds will likely result in fewer resources for other segments of Oregon’s public safety system,” said the draft report, obtained by The Oregonian.
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The Oregonian’s continuing coverage of the Commission on Public Safety, appointed to find ways to contain Oregon’s spiraling criminal justice costs.The report noted that because of state budget cuts this biennium, the Oregon State Police can’t staff round-the-clock patrols, the Oregon Youth Authority closed beds, and counties lost $26 million used to supervise released offenders.
The commission took pains not to recommend specific changes in state sentencing laws, but rather urged the governor to continue the group’s work. The group proposed that it prepare a reform package for the 2013 Legislature.
The group recommended state judges get more discretion at sentencing, and that more should be done to cut recidivism.
“Oregon can increase public safety at less cost by investing in the most cost effective programs targeted at offenders for the purpose of reducing recidivism, preventing future crime and victimization,” the report said.
The commission also recommended that some savings from less reliance on prison should be dedicated to helping crime victims.
Commission members besides DeMuniz included former Gov. Ted Kulongoski, state Sen. Jackie Winters (R-Salem), state Sen. Floyd Prozanski (D-Eugene), state Rep. Andy Olson (R-Albany), state Rep. Chris Garrett (D-Lake Oswego), and Dick Withnell, a Salem business executive.
I posted these for you Sharon a thank you for being a good listner, and you kindness and understanding
Thank you…thank you..The information is so helpful Cindi..wow a wealth of good reading…The best of luck..you are working so hard.Bless you..
What do you want me to post about them. I have no experience with them, I just know if they break the law, we can’t just excuse them. Should we hold their caregivers accountable….because the mentally ill people don’t know better????Someone needs to rectify the problem, someone needs to watch them….I know, I have heard all the excuses….I guess if you are blessed with one of these children, YOU gotta figure out a way they are not a menace to society…..don’t know the answer, just know they have to live with the same rules and laws as every one else does. I can’t make excuses for my children, you can’t make excuses for yours.
I don’t need to say anything nice, you guys are doing a great job of that.
I have been a contributing member of CURE, and FAMM and Partnership and PAC-UP…no longer a valid non-profit….I have never known them to do much, they are spread too thin….cover too many States or issues.
I did actually send the Partnership coverage of the Blue Ribbon committee to Miss My Brother….he said he posted it somewhere on this site…..I will see if I can find it again and send the link…..
You’re still to concerned about my attitude….go tell someone whose loved one was murdered or child was molested how unfair M/11 is…you’ll think I am a walk in the park…..
http://www.oregon.gov/CJC/docs/CPS_report_to_Governor_12_30_11.pdf?ga=t
Read the latest article from FAMM…They are helping fight mandatory sentencing..Wish there were more people posting on this site! Where is everybody at? Sometimes lol ..I feel like protesting in salem or all over Oregon with a big sign how mantadory sentencing is cruel…What will get the voters attention? Bless all…prayers out to all…There is POWER in prayer!
Wow Z sounds like you went to Hilter school of compassion. The mentlly and physically handy capped were the first to go to the death camps in Nazi Germany. How dare you sit in judgement of a handy capped person. I do not believe anyone on here is making excuses. We come here to voice the anger we feel. Which I do believe is our right as affored to us by the Constitution. Oh and by the way Z not all victims of voilent crimes believe that measure 11 is a good law. I was a molested child taken advantage of by someone who was supposd to love and protect me. My mothers own brother and I still do not believe in Measure 11. My husband in 1991 was stabbed 5 times and left for dead by a meth addict and he will be the first to tell you that Measure 11 stinks. Maybe you should read all of the posts here and not just a few sentences of each one. And you would have known this. Its only the 3rd or 4th time I have posted it. And tell me Z the young man that went to jail are you his mother or his father. I am betting his father cause only a mother could feel the fear and compassion we feel for our child.
I am a MOM, and I feel compassion. I don’t think I said anything evil about mental illness….just know that parents of mentally ill people need to figure out a way to keep them from breaking the law if they don’t want them to go to prison. It sounds like you want to have no repercussions for your child breaking the law, but we should just let then run rampant and ignore them.
Yes, there are some victims that don’t believe in measure 11….Arwen Bird comes to mind….she is in a wheel chair because of an attack, amazed you don’t know who she is…I would think they are in the minority, and yes it is America and you can certainly speak your opinion….and so can I.
So, what have you done to further your cause, and what are your comments on the Gov.’s commission report? Have you even read it?
I did used to read the posts….but I don’t learn anything from the complaints….call to action, ask questions, share info with us….what’s done is done….what are you doing to change it? How will you deal with your person when they come home to help them, not make them more of a victim?
Move on, you are certainly not going to change how I think….you never give me a reason to change my thinking….you just freakin whine and blame everyone else for your mentally difficent persons problems…..
And Sharon, by all means….please take your sign and walk everywhere….then you’ll know how Oregonians feel about measure 11. BUT BE PREPARED!!!!!
I am not going to respond to any more of the BS you post in reference to my posts….it’s not about me….it’s about mandatory sentencing….and this is a waste of time. If you have something to say that I can learn from, or an opinion on how to change m/11….the legislature will be in session in Feb….only one month, this is the off year….but the Gov has not called for them to address the Justice system, so I don’t know how much time you all will get to talk to your legislators…..
Cindi…Have to agree….not all victims of violent crime believe in measure11…Just as not all victims family’s believe in the death penalty….
It is our right to voice OUR opinion’…all might not agree..but ZZZZ..we are not here to be taught a class…in should of /could of/would of…so please cool it with the classes
Z.ZZZZZZ…FAMM is making major changes…their a strong group…I praise them …You must not follow FAMM..”like you should be doing”
ZZZZZZZZZZZZ…your post on#354…cracks me up…You can’t be SERIOUS…. saying “.we all should have known” lol….
Cindi-Just want to say you think along the same lines I do. I don’t post very often because this site is turninginto a circus with one person thinking she needs to counsel everyone on here. I believe the site is for those of us going through the emotional pain and grief this law and if we want advice we will ask for it. Your Hitler comment,I believe,was right in target. When my sin finishes his time I will be here to help but only if I am asked first. Again,Cindi, you say exactly what I want to. I am the 3rd person who posted on here in 2008,NOT BRAGGING AT ALL,but I have watched this site grow which shows the number of M-11′s are also increasing.It’s disgusting. Thanks Cindi.
VICKYG
Frist off Z my child is not mentally handy capped. He has a IQ of 190 and was one term from walking to get his diploma when this all took place. And I might add that he cramed 4 yrs into 2 by going to school yr round. And never once have I made excuse’s for him. Because when you are innocent you do not need excuse’s. You just need people to believe in you.
Nor have I read any excuse’s from Vicky or Sharon. What I have read is saddness and anger for a law that lumps everyone into the same group with no regard for the circumstances surrounding the person or the whys or where fors. And I do not believe that Vicky ever said that her child was not in the wrong. What she did say is that measure 11 put him some where that he him self became victim. Which is wrong on so many levels. And I wonder how you would feel to find your child beaten black and blue with his eyes blacked and to afraid to tell how or why. I know how I would feel.
Whine you say I don’t hardly think so, I am sure that if you had something we could learn from we would listen. But we do not need you to preach on how to care for our loved ones or how to deal with how to help them move on after. Tell us where we can go and how we can help to change things. Don’t laugh or make fun because we don’t know.
And no I did not know of Arwen Bird, but then I am not the one who proclaims to know everything. But I am glad to know that my husband and I are not the only victims of a person on person crime that does not believe in measure 11. I hope there are more.
Vicky I am so sorry that your son has had to go through this ordeal. And I can not understand why his Attorney did not plead deminished capacity. And the one thing I have learned from my own sons case never take a plea. Fight until the last dog is hung.
Ok I will step down off my soap box now nd say good night to all.
My son did become a victim. On January 16, 2012 my son went into a coma and was put on lifesupport because he OD’D on medications he got his hands on in the prison. MEASURE 11 is DANGEROUS as I have stated all along. He was tired of being in prison. Its not safe if he can get hold of as many medications as he did. Now my son may lose HIS LIFE because of this law.He was in the mental health unit- what are medications doing floating around in the prison anyway? We lost 4 and /12 years of our lives together and now he may not make it. The victim of his crime was NOT harmed No -not at all. He was threatened verbally. My son is fighting for his life. I need an attorney because this does not fly. IT IS WRONG. I am leaving to go see him tonight. He needs all the prayers he can get. If they wanna keep M-11 they ought to put the age up higher and make an amendment for mentally ill and physical brain disorders. This is messed up and I am very hurt and angry.One way or another something is going to happen. If my son dies, it will be twice as bad for the state of Oregon and the DA who would not pay attention to his documented MH and physical Brain disorders. You people who believe this law is good-read this.How would you like to find out your child is fighting for his life? Mine can’t even breathe on his own.Just please pray deeply from your hearts for my son. He never had a chance.
Dear VivkyG,
Praying for your son and you!! Praying you find a good attorney! He should not have been in prison! Mandatory sentencing should be outlawed…! Never ever put a person in prison with NO EARNED GOOD TIME!!! How F depressing!
Stay strong!
Vicky you sure have my prayers I will keep you there every day. God bless and keep you and your son
It’s so quiet on here! Where is evryone at?
Please read the latest FAMM news..
VickyG…sending with never ending prayers…
Sharon….since I didn’t comment on the last load of crap posted on here….no one has anything to write about…..I am a pretty important cog in the wheel…hahahaha
While your person is in prison, they will be required to take a class that might help you all posting here….it’s called
Shifting Blame and Focus
you all might want to take a similar class…..
Hi,
Has anybody read the new info on FAMM’s site… ? Google Govenor Patrick… he wants to reform mandatory minimum laws in Massachuetts…Hooray for him…Famm anounced they applaude him. I do as well…Trying to convince voters that mandatory laws should be used correctly, plus it costs much MONEY…no kidding!!!!
Sorry Sharon I have been away for awhile my father in law passed away and have had to plan not one funeral for him but two. We had one in Oregon for him and then brought him home to Little Rock, Ark. to be at rest next to his wife of 50 years.
So I did not get a chance to read that info but maybe we will be lucky and he will get there. And the rest of the Governor’s will follow in his foot steps. We can only pray.
Z…I don’t see how your post applys to this-.site? I ‘m confused…The ONLY blame I see is pointing many fingers at the powerful DA’S.
Wow, I haven’t read any CRAP posted other then your lectures!
People want empathy and understanding! Z, you come off condecending and bitter.
I understand there are many, many innocent people behinds bars, there are man, many innocent people on this site. Measure11 socked it to most, non-violent crimes, no past history of crime, fights in the street…etc…small potatoes!! Compared to the punishment..PO’s are thrilled they can revoke a stupid probation violation! They don’t care….they don’t have a clue where the money goes, as long as they get their share.”PAYCHECK”
Measure 11 is cruel and un unusally punishment….
We need better defence attorneys to stop the madness, but they also like thier (PAYDAY) fat chance of that happening!!
Measure11 helps the DA’s climb the ladder of succes to easy..
I say keep writing letters/e-mails….to GOV and all Reps…Flood them with letters, clog their mail system. Commnicating in person…is the best….but they still brush you off and blame!!!!
Send letters….PLEASE…Support FAMM/SUPPORT NAMI/SUPPORT Saftety and Justice….We can help make them stronger! Thanks…..
In today’s Oregonian there is a step by step for getting things done in Salem….if you follow it, you should be successful if anyone else wants to join you in the fight.
It doesn’t mention writing letters to the legislators…..
If you don’t get the paper, go do http://www.oregonlive.com and navigate to the front page.
I did read the article…I still feel we should write letters to our legislators! I believe they would pay attention to many, many letters/e-mails
Z, when the group tried to reform/repeal measure11? Did your group go to Salem?
We tried to repeal measure 11….of course we went to Salem, more than once….apparently you don’t read what I post here.
You can write every day all day long if you want….it doesn’t do any good….have you been writing? have you changed anything? PSJ sees to have moved on to racial profiling so they won’t be doing anything this legislative session. But it would be a good time to practice, go through the process for when you might actually do some good. But you can’t hit it from the poor poor inmate, my baby is just so misunderstood….,you gotta hit it from a standpoint that might be acceptable to Oregonians….remember you are dealing with elected politicians….you are one person….and most families of inmates are not even registered to vote…..how I know that is…. before we could get our measure on the ballot….we had to collect signatures, like 37,000 of them….I collected 700….and I would say that I helped get at lease 600 of them registered to vote…..you can’t sign if you aren’t registered….they check each and every signature….
The legislature is only in Salem every two years, with a 1 month on the short year to deal with pressing issues. It will take at least another year or possibly 2 or more before things are ready to be addressed regarding prison funding….and it isn’t about how unfair measure 11 is that is driving the committee….it’s the cost. Oregonians don’t give a rats ass about inmates….just read comments in the Oregonian and you won’t find one that echo’s the opinions on this board….well,may be mine, but certainly not yours.
While we are a liberal State, we are a law and order State. People are just tired of all the excuses that are made for felons….they probably read this board and it fires them up to vote against reform Like I have said many times…it’s not about your person, it’s about an unfair law….your person only fuels your drive to do something about it.
Follow the Oregonian, and get started on your way to do something positive.
What will you do first?
cindi…I read again your post on 371&372 …thank you much..I also read all the posts…thanks everyone for sharing your story, sad as they are..praying for everyone.
Thank you Sharon, and Z is right on a couple of points the people of Oregon do not give a crap about our inmates only how much it cost them to keep them there on mandatory sentencing. Its kind of like the Pastor in Nazi Germany said : Frist they came for the weak of mind and the lame of body, and I did not speak out- because I was not weak minded or lame of body then they came for the communists, and I did not speak out – because I was not a communist;
Then they came for the socialists, and I did not speak out – because I was not a socialist;
Then they came for the trade unionists, and I did not speak out – because I was not a trade unionist;
Then they came for the Jews, and I did not speak out – because I was not a Jew;
Then they came for me – and there was no one left to speak out for me. You see no one in thier families have ever been convicted of a measure 11 crime. Do you know why because there is as much justice as you can afford to buy. And how many political people do you know that are poor I do not know any. Maybe if we could afford a lobbyist to go to the legislators and lobby on our behalf
The site manager could have this site a secret one which would exclude people getting fired up about no reform.
What is your opinion Z..why the group wasn’t succesful.? I’m sure lots of money and time was spent.
You say, it’s the da and elected official who are mostly at fault. Was this a target point when you went to Salem?
I did read you said”you don’t have a problem with mandorty sentencing.”.I do and so does FAMM. Get behind them.
Important information to know…..
Gov. John Kitzhaber picks Colette Peters to lead Oregon Corrections Department
Published: Tuesday, January 31, 2012, 5:56 PM Updated: Tuesday, January 31, 2012, 5:59 PM
Les Zaitz, The Oregonian By Les Zaitz, The Oregonian
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COLETTEPETERS2.1.27.2012.JPGView full sizeThomas Boyd/The OregonianColette Peters was named Tuesday as the next director for the state Corrections Department. She has served as director of the Oregon Youth Authority since 2009.
Colette S. Peters has seen the nation’s public safety from many angles — as a juvenile counselor, a victim’s advocate, a legislative analyst and a prison inspector general.
She’ll need that experience to confront daunting challenges as the new director of the state Corrections Department. The billion-dollar agency faces pressure to better handle felons and be less of a drain on the state treasury. In some quarters, the agency is seen as distant from other public safety professionals, and its efficiency with a dollar is questioned.
Gov. John Kitzhaber announced today that he had chosen Peters to run the prison system, bypassing a national search to pluck her from the director’s seat at the Oregon Youth Authority. She faces confirmation by the Oregon Senate.
Peters, 41, the first woman to lead the Corrections Department, is no stranger to challenging public service.
Nearly three years ago, she took charge of the Youth Authority after it had been rattled by the state’s budget fortunes — built up, pared back and built up again. Last year, she led the agency through another round of cuts, trimming how many juvenile offenders the state could house. The agency now tends about 1,800 youths on a two-year budget of $300 million.
The cuts could have been worse, but Peters, a polished and research-driven executive, persuaded legislators to ratchet back.
Colette S. Peters
Age: 41
Born: South Dakota
Education: Psychology degree, College of Saint Benedict in St. Joseph, Minn.; criminal justice master’s degree, University of Colorado
Employment: Juvenile counselor, Iowa; crime victim’s advocate, Denver Police Department; analyst, Colorado Legislature; Oregon Corrections Department, 2004-08; Oregon Youth Authority, 2009-12.
Family: Husband, Lynn Snyder; three daughters
That political nimbleness appealed to Kitzhaber, who credited Peters with building strong relations among those working with the Youth Authority — prosecutors, county juvenile authorities, families, counseling professionals and the agency’s staff.
Peters used the turmoil to focus the agency on its primary mission, guiding the Youth Authority to put more efforts into programs shown to work. That, Kitzhaber said, proved “very successful.” This year, the agency each day will monitor 100 measures of how it’s performing — measures that will be publicly posted.
Kitzhaber is asking her to do similar work at the Corrections Department, one of state government’s largest operations with 4,000 employees and a two-year budget of $1.3 billion.
Reshaping the state prison system has been under way for years under Max Williams, the former Republican legislator appointed to lead the agency in 2007. Williams, who left last month to run the Oregon Community Foundation, pushed the agency to improve programs, such as alcohol and addiction treatment, proven to reform inmates.
But the pressure to change faster is significant. Because of required sentences, state officials forecast that the prison population will grow by 2,000 in the next decade, costing more than $600 million for new prison beds and operating costs. A state commission last month concluded that sharpening efforts to cut recidivism is key to avoiding such costs.
Kitzhaber agrees, and expects Peters to continue the push to rehabilitate prisoners, now totaling about 14,000. He said Peters will team up with Mitch Morrow, the deputy director and agency veteran who has served as interim director since Williams left. The two, said Kitzhaber, will form a “potent team.”
Peters knows her way around the Dome Building, the Salem headquarters for the Corrections Department. She became the agency’s public affairs administrator in 2004 and soon was promoted to assistant director. In an unusual move, she was given a second title as inspector general and was a close adviser to Williams.
She left the agency in 2008 when her husband took a new position in Minnesota. Months later, then-Gov. Ted Kulongoski recruited her to return to head the Oregon Youth Authority.
Fariborz Pakseresht, Youth Authority deputy director, said in a message to the agency’s staff as Peters was about to take over that it was her “principled leadership, communication and building connections among constituencies that makes her a good fit.” He said she had a good record of working with legislators, agencies, unions, victims and offenders.
The governor said today that Pakseresht would serve as interim director of the juvenile agency.
– Les Zaitz
We had one. His name is Geoff Sugarman….he works for PSJ…..
So, if you are implying that history is repeating itself with the incarceration of your felon, what are you doing to change it…..
Any time the site manager wants to cut me off from posting, he can…. This is America, I have the right to express my opinion….
FAMM is more into dealing with federal MM reform for drug sentencing….they aren’t addressing: mandatory sentencing for violent crimes. I am a member of all 3 groups, I get emails most every day from one of them….no one is working on mandatory sentencing in Oregon right now….what would be the point, nothing is in committee, so it would be a waste of time and resources… and legislature isn’t addressing the justice system this short session….when it’s time they will.
The reason PAC-UP failed is….Crime Victims United had VICTIMS that testified before committees in Salem, they had support of most of the voting Oregonians….66% voted not to repeal measure 11 in 2000….understand that is not 66% of Oregonians, that’s 66% of Oregon voters.
They came to the Capitol in huge numbers, prepared, they had well dressed, educated people with money representing them, they had the legislature behind them. They went to the Capitol and told their legislators they would be voted out if they messed with measure 11… Peter Courtney….any one out there know who he is….told me face to face….”we can’t do anything unless Steve Doell signs off on it”……. we had small liberal groups that didn’t have money, hired who they could afford, and if you have attended meetings of FAMM , PSJ and CURE you know they are a group of not well put together mostly gay and lesbian fringe. No matter what you think, your presence, education, appearance and vote matters….if you meet with your legislators with blue hair, piercings and spikes…..you’re probably not going to be taken seriously or make the impression you wanted to….it does matter.
PAC-UP couldn’t even count on their group to go out and get the signatures needed to get the measure on the ballot….we had to pay professional signature gatherers to do that for us….wouldn’t you think that if we wanted something like MM to be repealed, we who had people in prison on MM would go out and do the work????? and register to vote so we could voice our opinion at the ballot box???? No, a few people worked their asses off….every one else was on the computer whining….or doing nothing…..if you notice, there are only 3 or 4 of us on here……every one else can’t be bothered.
Z…I don’t believe anyone suggested cutting you off. Your tone is of (a know it all) which most people don’t like.
I say keep writing to FAMM asking them to get involved in Oregon.
Many inmates are in prison for non-violent crimes!
Measure 11 isn’t fair, it is a cruel law, should be repealed.. Many oregonians are not aware of the law, many have not heard all of the sad stories, many voters are clueless what the costs are.
All reps are afraid to speak out against measure11..
Everyone should send their story to salem…it’s worth a try..
My boyfriend is 15 and is being faced with two measure 11 charges and there both falsely reported, they found “the victim” lieing 2 times.. i don’t know if he’s going to do time because his trial date is in a month. He does not deserve to be in there and his family and i are pissed. I get letters from him but nothing is the same without him.
Interest e-mail from partners fo saf&justice.
There was published survey in 12/11.I believe the report was put on by (National Correction’s)
There is a a article/book/web page. “You’re an adult now”
Many concerns coming from Jason Ziedenberg.
A serious concern he mentions is. Juveniles lack of services for mental health and learning. DUH…we know that..
Another is, housing juveniles in a adult prison …34% will offend again. DUH…so obvious.