Oregon Measure 11 Calculator

Question 1

What is Oregon Measure 11?

Accepted Answer

Measure 11 is a mandatory minimum sentencing law passed by Oregon voters in November 1994 and codified in ORS 137.700. It requires judges to impose specific minimum prison sentences for designated serious violent crimes, including Murder, Manslaughter, Rape, Sodomy, Sexual Abuse, Assault, Robbery, and Kidnapping. The law was intended to ensure that violent offenders serve substantial prison time without the possibility of early release.

Question 2

Which crimes are covered by Measure 11?

Accepted Answer

Measure 11 covers specific serious violent felonies under ORS 137.700, including: Murder (300 months minimum), Manslaughter in the First Degree (120 months), Manslaughter in the Second Degree (75 months), Rape in the First Degree (100 months), Sodomy in the First Degree (100 months), Unlawful Sexual Penetration in the First Degree (100 months), Assault in the First Degree (90 months), Assault in the Second Degree (70 months), Robbery in the First Degree (90 months), Robbery in the Second Degree (70 months), Kidnapping in the First Degree (90 months), Kidnapping in the Second Degree (70 months), and Sexual Abuse in the First Degree (75 months). The complete list is found in ORS 137.700.

Question 3

Do Measure 11 sentences allow parole or earned time?

Accepted Answer

No. One of the key features of Measure 11 is that defendants must serve the entire mandatory minimum sentence with no possibility of parole or earned time reduction. Unlike other felony sentences where inmates can earn credits for good behavior or program participation to reduce their time served, Measure 11 sentences must be served in full. This is explicitly stated in ORS 137.700 and means that a defendant sentenced to a Measure 11 mandatory minimum of 100 months will serve all 100 months in prison.

Question 4

How does Measure 11 override the Oregon Sentencing Grid?

Accepted Answer

When a crime is designated as a Measure 11 offense, the mandatory minimum sentence specified in ORS 137.700 overrides the Oregon Sentencing Guidelines Grid. For example, Assault in the First Degree is Crime Seriousness Level 9 on the grid. However, because it's a Measure 11 offense, the court must impose at least the 90-month mandatory minimum, even if the sentencing grid range for that offense and criminal history would be lower. The mandatory minimum becomes the floor—judges can sentence above it but never below it.

Question 5

Can a judge depart from Measure 11 mandatory minimums?

Accepted Answer

No. Judges have no authority to depart below Measure 11 mandatory minimums under any circumstances. This is a fundamental feature of the law. Even when significant mitigating factors exist, when the defendant accepts responsibility, or when a plea agreement recommends a lower sentence, the judge must impose at least the mandatory minimum. The only exception involves certain cases where juveniles were prosecuted as adults, and even then, departures are limited and subject to strict statutory requirements.

Question 6

What happens if someone commits multiple Measure 11 offenses?

Accepted Answer

When a defendant is convicted of multiple Measure 11 offenses, the court must determine whether the sentences will run consecutively (one after another) or concurrently (at the same time). This determination can dramatically affect the total time served. For example, two concurrent 90-month sentences result in 90 months total time, while two consecutive 90-month sentences result in 180 months total. Factors affecting this decision include whether the crimes were part of the same criminal episode, whether they involved multiple victims, and specific statutory requirements. Oregon law provides guidance on when sentences must run consecutively versus when the court has discretion.

Question 7

How does Measure 11 apply to juveniles?

Accepted Answer

When juveniles aged 15-17 are charged with Measure 11 offenses, prosecutors may seek to have them prosecuted as adults under Oregon's waiver statutes. If waived to adult court and convicted, the juvenile faces the same Measure 11 mandatory minimum as an adult. However, ORS 137.707 provides a limited exception: after serving a specified portion of the sentence (typically 15 years for Murder, or a percentage of the sentence for other Measure 11 crimes), a person who was under 18 at the time of the offense may petition for resentencing. This is the only circumstance where potential relief from the mandatory minimum exists.

Question 8

What is Post-Prison Supervision (PPS) for Measure 11 sentences?

Accepted Answer

After completing the mandatory minimum prison term, defendants are typically subject to a period of Post-Prison Supervision (PPS) during which they are under community supervision and must comply with specific conditions. The length of PPS depends on the offense and is in addition to the prison term. Violations of PPS conditions can result in return to custody. The PPS period for Measure 11 offenses is generally specified in statute and cannot be eliminated, though the specific requirements may vary.

Question 9

Can Measure 11 sentences be plea bargained?

Accepted Answer

While prosecutors and defense attorneys can negotiate plea agreements, any agreement resulting in a Measure 11 conviction must still result in at least the mandatory minimum sentence. Prosecutors cannot agree to a sentence below the mandatory minimum. However, plea negotiations might involve: (1) reducing a Measure 11 charge to a non-Measure 11 offense, (2) dismissing some charges in exchange for a guilty plea to others, or (3) agreeing on whether multiple sentences will run consecutively or concurrently. The mandatory minimum itself cannot be negotiated away if the conviction is for a Measure 11 offense.

Question 10

Has Measure 11 been challenged or changed since 1994?

Accepted Answer

Measure 11 has been challenged multiple times in Oregon courts on various constitutional grounds, but it has consistently been upheld. The Oregon Supreme Court has ruled that the mandatory minimums do not violate the state constitution. However, the law has been modified slightly over the years. Most notably, in 2019, Oregon passed legislation (ORS 137.707) allowing limited sentence review for individuals who committed Measure 11 crimes as juveniles after they serve a substantial portion of their sentence. Additionally, the legislature has occasionally adjusted which offenses are included or modified procedural aspects, but the core mandatory minimum structure remains in effect.

Question 11

Can fines be imposed in addition to Measure 11 sentences?

Accepted Answer

Yes, courts may impose fines in addition to the Measure 11 mandatory minimum prison sentence. Under ORS 161.625, maximum fines are: Class A felonies up to $375,000, Class B felonies up to $250,000, and Class C felonies up to $125,000. Most Measure 11 offenses are Class A or B felonies. The actual fine amount is at the judge's discretion based on factors such as the defendant's ability to pay, the severity of the crime, and restitution owed to victims. Fines are separate from restitution and court costs.

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