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

3. Sentencing Guidelines (1989)

4. 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 , ORS , and ORS

5. 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.

6. 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 ). 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.

7. 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.

8. Measure 57 (2008)
M57 was passed by the voters in the November 2008 election. In part, it amended ORS , 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.

9. 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, The partial suspension ended in 2012 and again applied to crimes committed on or after January 1, 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.

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

11. Women in Prison in Oregon

12. 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

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

14. 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

15. 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

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

17. 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

18. Average Length of Stay

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

20. 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

21. 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

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

24. 2015 Female Prison Intakes by Race

25. Female Incarceration Rate by Race

26. Female Incarceration Rate by Race

27. 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

28. 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

29. 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

30. Women on Supervision in Oregon

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

32. Recidivism Dashboard

33. Parole-PPS Recidivism Rates

34. Probation Recidivism Rates

35. CJC Prison Use Dashboard

36. 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

37. 2015 Clackamas County Female Prison Intakes
Clackamas County had 59 female offenders listed as going to prison in the CJC 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.

38. 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

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