OREGON A LEADER IN CRIMINAL JUSTICE POLICY

January 24, 2012

ACLU ANALYZES PUBLIC SAFETY REFORMS 

I just finished reading a 60-page report by the American Civil Liberties Union, dated August 2011, and titled, "Smart Reform is Possible."  The premise is that states can reduce incarceration rates and costs while protecting communities.  

The report carefully analyzes the bipartisan criminal justice reforms that have taken place in Texas, Kansas, Mississippi, South Carolina, Kentucky, and Ohio.  It then goes on to analyze reform efforts in process in four states:  namely, California, Louisiana, Maryland, and Indiana.  As I finished reading the detailed analysis, four observations stood out to me. 

1. Oregon has already done most of the described "successful" reforms.

 

2. None of these successful reforms involved shortening sentences for violent offenders.

 

3. The enacted reforms save money by managing drug and non-violent offenders in the community or letting them out of prison on parole.

 

4.  There appears to be no rigorous cost-benefit evaluation of these reforms.

Fortunately, these cost-benefit evaluations are becoming more common following the lead of the Washington Institute for Public Policy. The Oregon Criminal Justice Commission economist, Michael Wilson, has updated and further developed this analysis capability for Oregon.  

PEW CENTER OF THE STATES PRAISES OREGON CRIMINAL JUSTICE POLICY

Oregon is already a leader in more cost-effective methods to address crime, a fact well elucidated by these remarks from the Pew Center on the States. Speaking at an Oregon legislative hearing on February 15, 2010, Pew Public Safety Performance Project Manager Jake Horowitz said: 

• "A lot of good things going on in Oregon:
• Large decreases in crime and a comparatively low violent crime rate,
• Legislative endorsement of evidence-based practices,
• Mandate for administrative sanctioning and community supervision including probation and parole,
• Solid data and research on which to ground debates on these policies,

and overall a modest incarceration rate [emphasis added]

• And, it is nationally viewed that Oregon has made good use of probation and parole and has largely prioritized its prison space for violent offenders as opposed to lower-level drug and property offenders [emphasis added]."

 

 SOME OF THE OTHER STATES’ REFORMS AND WHAT OREGON HAS DONE 

1. Probation for first and/or second-time, low-level drug possession. Oregon has been using probation extensively since 1989 for first-time and repeat drug possessors.
2. Expanded the drug court system. Widely done in Oregon and could be expanded with additional funding.
3. Parole and Probation treatment programs and incarceration alternatives.  Widely done in Oregon and could be expanded with additional funding.
4. Medical parole program for mentally or terminally ill prisoners.  Not done in Oregon. Legislation submitted last legislative session but not passed.
5. Graduated sanctions for probation and parole violators (instead of sending them to prison).  Widely used in Oregon for many years.
6. Expand earned credit up to 20%.  Oregon has this program except for person (violent) crimes with a mandatory minimum sentence.
7. Expand earned credit for probation - offenders earn their way off probation.  Oregon has used a version of this program for many years.
8. Financial incentives to counties committing to reduce sending probationers and/or parolees to prison.  Oregon does not do this and actually penalizes counties, financially, when they do this.
9. Increased the felony property crime threshold from $1000 to $2000 (South Carolina).  Oregon’s value is currently $1000.
10. Abolished commercial for-profit bail bondsman. (Kentucky)  Oregon eliminated bail bonds in the early 70s replacing it with a court-run security release system.
11. Use risk-assessment tools during sentencing. (Kentucky)  Oregon does not do this statewide.  There is a pilot project in Yamhill County.

 

THE BOTTOM LINE 

About 70% of Oregon's prison population is there because they were convicted of a violent crime. Only 23% of convicted felons go to prison in Oregon.  The remaining 77% are given probation.  Oregon's criminal justice system balances incarceration for violent and repeat property and drug offenders with alternatives to incarceration for the vast majority of offenders.

Can Oregon do more to continue the significant reductions in crime we have had since 1995?  Yes. And we should. Here are two examples where improvements can be made.  Substantial investments in re-entry programs to help released offenders rejoin society and be successful and crime free are a must. They should be cost effective, but the rigorous evaluation must be done to be sure.  Drug courts can be expanded to cover both drug and property crimes all around the state.  The key here is to fund the programs so the offender receives the right program/treatment at the right time. And remember, the rigorous evaluation must be done to be sure the programs are working and cost effective.   

When it comes to criminal justice policy, Oregon is a leader.