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ODAA Legislative Update. August 16, 2013. SB 492: Brady Bill. OCDLA’s Number One Priority. JHH,III Want State to be required to have duty to investigate for mitigating information. Want State to investigate into personnel files of State witnesses.
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ODAA Legislative Update August 16, 2013
OCDLA’s Number One Priority • JHH,III • Want 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?
State must disclose any material that tends to: • Exculpate the D; • Negate or mitigate the D’s guilt or punishment; or • Impeach 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.
IMPORTANT Legislative History • 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.
SB 3194: They’re all just misunderstood • Bill came out of the Gov’s Commission on Public Safety. • Many recommendations that would reduce sentences. • Included suggested changes to M57, M11, etc.
It could have been so much worse • 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.
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.
FDWS • 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
BM 57 • 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.
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.
Sexting • 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.
Other stuff: • 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.