August 16, 2013

ODAA Legislative Update

SB 492: Brady Bill

OCDLA’s Number One PriorityJHH,IIIWant State to be required

to have duty to investigate for mitigating information.

Want State to investigate into personnel files of State witnesses.

This IMHO, would not be limited to police officers but could include DHS workers, Crime Lab Analysts, experts?

Exculpate the D;Negate or mitigate the D’s guilt or

punishment; orImpeach a person the State intends to call as

a witness.Disclosure shall occur w/o delay after

arraignment and prior to a plea agreement with the State; or

If not known at the time of providing discovery, shall be provided as soon as you know whether a plea has been entered or not.

State must disclose any material that tends to:

By the language of the bill, SB 492 ONLY imposes an obligation on the State as required by the Oregon and US Constitutions.

Legislative history made it very clear that, contrary to what OCDLA wanted, there is no increase in our obligation (listen to Representative Barker’s floor speech).

Even so, there is no question that this issue will be back and no question defense will argue that this is meant to expand out obligation.

IMPORTANT Legislative History

SB 3194: They’re all just misunderstoodBill came out of the

Gov’s Commission on Public Safety.

Many recommendations that would reduce sentences.

Included suggested changes to M57, M11, etc.

Maintain or increase earned time credit to 30%.

Reverse presumption on eligibility for AIP.Significantly reduce sentences from M57 (up

to over 35%).Reverse Miller-Buchholz.Prohibit felony probation violations

(“technical”), from downward departure, from going to prison.

Incentive funding to encourage counties to send fewer people to prison.

It could have been so much worse

What it does do:Reduces,

reclassifies, most mj offenses (quantity and delivery) to presumptive probation by moving them to a 4 on the grid.

Does not include delivery to minors or w/in 1,000’ of a school.

Reclassifies FDWS from a level 6 to a level 4 on the grid.

But, remains a 6 if revoked for a vehicular homicide or a vehicular assault resulting in serious physical injury.

Note that with both the changes to FDWS and MJ, upward departures are still available for the really bad cases.

Incentive monies

FDWS

Note that HB 3194 did not pass the Senate with the requisite 2/3 majority to override an initiative measure.

Robbery 3 and Identity Theft reduced from 24 months to 18 months.

Except for ‘super quantity’ drug crimes, those type of drug offenses return to the grid and outside of M57.

These changes (DWS and MJ too) effective for those sentenced on or after August 1, 2013.

M57 changes “sunset” in 2023.

BM 57

Let’m out…Transitional leave

goes from 30 to 90 days.

“Earned” discharge of up to 50% off of term of probation if in compliance (can’t reduce to less than 6 months).

Risk assessments to be done on offenders placed on probation.

Carryover from ‘11 session.Distributing a visual recording, as defined in

ORS 163.665, of the other person engaged in sexually explicit conduct, as defined in ORS 163.665, or in a state of nudity, as defined in ORS 163.700, when the other person is under 18 years of age at the time of the recording;

Lack of knowledge of the age of the victim is not a defense.

Sexting

Allows courts to “participate” by having reentry courts.

Designates CJC as a clearinghouse on specialty courts and the CJC is to establish evidence based standards for the courts.

Several other things related to prison forecasts, outcome measurements, fiscal impact statements for measures increasing or modifying sentencing or correction practices.

Sets a goal of 5% reduction of DOC costs.

Other stuff: