Women in Oregon’s Criminal Justice System Women in Prison Conference October 15, 2016 Executive Director Mike Schmidt Oregon Criminal Justice Commission

Sentencing Guidelines (1989)

BALLOT MEASURE 11 (1994) In 1994, voters passed Ballot Measure 11 (M11), which created mandatory minimum prison sentences for 16 violent or sexual offenses and created a mandatory waiver for juveniles who were 15 years of age or older who committed those 16 crimes. Since 1994, the original M11 has been amended by the legislature, so that six additional crimes carry mandatory minimum sentences. The legislature has also increased certain sentences in the original initiative, and since 1997 has also allowed certain offenders convicted of “second degree” or less serious offenses to be eligible for an “opt out” of M11 if they meet certain criteria. These laws, and the original M11, are now found in Oregon Revised Statute at ORS 137.700, ORS 137.707, and ORS 137.712.

SB 1145 (1995) Senate Bill 1145 Senate Bill 1145 (1995), created a new relationship between the State of Oregon and counties in the area of community corrections. Under the bill, counties assume responsibility for felons: (a) on parole; (b) on probation; (c) on post-prison supervision; (d) sentenced to 12 months or less incarceration; or (e) sanctioned by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less for violating a condition of parole or post-prison supervision. Thus, the distinction between state and county responsibility for an inmate is based on the length of sentence, not the labels of misdemeanor and felony. Twelve months or less and the defendant stays in the county jail. Anything above twelve months incarceration and the defendant goes to the Oregon Department of Corrections.

Repeat Property Offender – RPO (1996) In a 1996 special session, the Oregon Legislature passed House Bill 3488 and created the Repeat Property Offender law (ORS 137.717). HB 3488 created sentences of 13 months for certain property offenders with the intent that these offenders would serve their time in state prison, and take pressure off Oregon’s jail system.

Identity Theft (1999) The 1999 Legislative Assembly created the new crime in Oregon of identity theft. It did so in response to the rapidly expanding use by criminals of other people’s identity for the purposes of fraud. A person commits a Class C felony of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters, or converts to the person’s own use the personal identification of another person. Personal identification is defined broadly in statute to include almost any identification (including name, date of birth, driver’s privileges, personal identification number, or photograph) of a real or imaginary person.

Measure 57 (2008) M57 was passed by the voters in the November 2008 election. In part, it amended ORS 137.717, the statute controlling RPO sentences. The amendments made by M57 to this statute made the definition of a repeat property offender broader, fewer previous convictions were required for an offender to qualify for prison, and the measure made the sentences longer The law restricted the judge’s ability to give an RPO offender a sentence other than the presumptive prison sentence, unless the District Attorney and Defense Attorney stipulated to such a reduction in sentence. M57 also increased the sentences for drug offenders convicted of manufacturing or delivery of a controlled substance. The measure increased the crime severity for manufacturing or delivery of large quantities of a controlled substance and made it a mandatory prison sentence. M57 also created mandatory prison sentences for repeat manufacturing or delivery of a controlled substance under certain circumstances.

HB 3508 (2009) M57 Suspended In 2009, the Oregon Legislature passed House Bill 3508 which partially suspended M57 due to its cost in a time of economic recession. Both the repeat property and the repeat drug portions were suspended for sentences imposed after February 15, 2010. The partial suspension ended in 2012 and again applied to crimes committed on or after January 1, 2012. The sentencing enhancements for aggravated theft where the victim is over 65 years of age and manufacturing or delivery of a large quantity of a controlled substance remained in place as originally passed by M57.

HB 3194 (2013) The Justice Reinvestment Act HB 3194 stated goals: Reduce recidivism Reduce prison utilization Increase public safety Hold offenders accountable

Women in Prison in Oregon

Female Incarceration Rates Oregon ranks 24th for Female Incarceration Rate in 2014 Source: BJS, Imprisonment rate of sentenced female prisoners States Total does not include federal inmates

Female Incarceration Rates Source: BJS, Imprisonment rate of sentenced female prisoners States Total does not include federal inmates

Female Arrest Rates Female property arrest rate has dropped 40% from 1995 to 2014 Female person arrest rate has dropped 36% from 1995 to 2014 Source: OUCR Program, Oregon State Police

Incarceration Rate by Gender Male incarceration rate has increased 76% from 1994 to 2015 Female incarceration rate has increased 200%, or tripled, from 1994 to 2015

Female Incarceration Rate Female incarceration rate has increased 200% from 1994 to 2015

2014 and 2015 Prison Intakes by County and Region NW/Coastal Counties: Benton, Columbia, Clatsop, Lincoln, Linn, Polk, Tillamook, Yamhill Southwest Counties: Coos, Curry, Jackson, Josephine, Klamath, Lake Eastern Counties: Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Malheur, Sherman, Umatilla, Union, Wallowa, Wasco, Wheeler

Average Length of Stay

Average Length of Stay by Drug, Property, and Person Crimes

2015 Prison Intakes by Gender and Crime Type Female prison intakes show a higher proportion with drug and property sentences. There were 664 female prison intakes in 2015, and 4245 male prison intakes

2015 Female Prison Intakes – 5 Most Common Convictions ID Theft accounts for 13% of female intakes, compared to 5% for males The top 3 crimes compromise nearly 34% of female intakes, compared to 19% for males

Female Prison Population Female prison population has increased from 324 on January 1, 1994 to 1281 on January 1, 2016. Female prison population has more than tripled from 1994 to 2015

2015 Female Prison Intakes by Race

Female Incarceration Rate by Race

Female Incarceration Rate by Race

2015 Female Prison Intakes Self-Report Intake Survey 76% report not being employed at the time of the offense 34% report no GED or high school diploma at intake

2015 Female Prison Intakes Self-Report Intake Survey 41% report having children who are living with a biological parent, step-parent, or grandparents 15% report having children who are in foster care with relatives or non-relatives

2015 Female Prison Intakes Self-Report Intake Survey 40% report physical abuse as a child Nearly 48% report sexual abuse as a child Nearly 46% report witnessing parents or caregivers hit or strike each other

Women on Supervision in Oregon

Female Supervision Population Includes probation and post-prison supervision Female supervision population ranges from about 7000 to 8000 females from 2006 to 2015

Recidivism Dashboard http://www.oregon.gov/cjc/data/Pages/recidivism.aspx

Parole-PPS Recidivism Rates

Probation Recidivism Rates

CJC Prison Use Dashboard http://www.oregon.gov/cjc/data/Pages/prison-intakes.aspx

2015 Clackamas County Female Prison Intakes Local systems can “self-audit” prison use with additional information Violation history for probation revocations Richer criminal history information Additional pending cases for defendants

2015 Clackamas County Female Prison Intakes Clackamas County had 59 female offenders listed as going to prison in the CJC 2015 data. 21 of them are listed as serving less than 12 months sentences.  10 cases are downward departures where the offender was eligible for a prison sentence, but was given a break at sentence and then failed on supervision 3 cases were heroin overdose cases that are actually extremely serious, but often listed under much less serious kinds of charges, rather than homicide. 4 were drug cases without overdose.  Two of them involved either selling to minors or selling with juveniles present. 4 person cases: Arson I, Sex Abuse I, Felony Assault x2. 3 prison sentences were for females offenders who had accumulated their 5th DUII. These 59 defendants accumulated 452 prior convictions before the one that sent them to prison.  That is almost 8 convictions on average per defendant.

FSAP – Family Sentencing Alternative Pilot Program FSAPP Enrollment Data County Participants Children Deschutes 3 females; 0 males 4 Jackson 6 females; 0 males 13 Marion 11 females; 2 males 21 Washington 21 females; 0 males 40 Multnomah 8 females; 8 males 29 TOTALS 49 females; 10 male (59) 107 Data current as of 9/7/16

QUESTIONS? http://www.oregon.gov/CJC