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49 °F 5 Day Forecast Saturday, November 29, 2003 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | eSouthernOregon | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA Newspaper in Education Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find a Rental Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Email Story to a Friend November 9, 2003 Law has some flexibility, but voters rejected repeal By SARAH LEMON Mail Tribune Approved by Oregon voters in 1994 and enacted in April 1995, Measure 11 established a set of minimum prison sentences for 21 of the state’s most serious crimes. The law treats 15-, 16- and 17-year-olds as adults if prosecuted for crimes falling under the statute. There’s no parole or time off for good behavior. Although sentences are not negotiable, legislators created a series of "safety valves" for the least serious offenses. Parents who don’t seek medical attention for children are eligible for lighter sentences if charged with manslaughter. The change was spurred by a 1999 debate on "faith healing." Advertisement Defendants also are eligible for safety valves for second-degree assault, kidnapping and robbery. A lesser sentence can apply to assault if a deadly weapon was not used and the victim was not injured. Similar criteria apply to robbery. Victims of kidnapping must be 12 years or older for the safety valve to apply. No defendants can have a prior conviction for a serious crime. Offenders in the least serious sex crime cases can get a lighter sentence if the act is deemed consensual between the defendant and a victim who is at least 12 years old. The difference in age, however, can be no more than five years, a condition legislators unsuccessfully attempted to remove in the last session, said Phillip Lemman, executive director of the Oregon Criminal Justice Commission. "Any change to Measure 11 is a big deal, and it’s very politically sensitive," he said. Oregonians rejected Measure 94 in November 2000, which would have repealed Measure 11. Oregon’s convict population has steadily climbed under Measure 11, but the growth has been far less than initially predicted. After three years of decline, the number of Measure 11 criminals sent to Oregon prisons surged 14 percent in the last year, according to the state. In a report released in September, 716 Measure 11 offenders entered state prisons during the 2003 fiscal year, which ended June 30. The statewide total was up from 626 in 2002, 656 in 2001, and 657 in 2000, the Associated Press reported. Prison population analysts continue to project long-term, steady growth. The inmate population will grow from 12,003 on July 1 to 13,178 by July 2005, a 9.8 percent increase, according to recent projections. By July 2013, there will be 16,481 prisoners, 37 percent higher than July of this year, according to the September report. Prison population forecasters and law enforcement officials were at a loss to explain the sudden increase in those sentenced under terms of the 1994 get-tough-on-crime initiative. Officials said increases in certain kinds of serious felonies, most notably sex offenses and robbery, might partly explain the statewide 14 percent increase in Measure 11 prison admissions. Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback 3 WEEKS FREE! ADVERTISERS SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times