Governor's Early Release of Felons

Dear Senators and Representatives,

If you saw a headline, “10 Convicted Murderers Escape From Oregon Prisons,” I would hope you would take notice.

Well, since March 1, 2020, Oregon Governor Kate Brown has granted early release from prison to 10 convicted murderers. She also has granted early release from prison to 975 other convicted felons.

As to reductions of prison sentences, ORS 144.660 requires: “The Governor shall report to the Legislative Assembly in the manner provided in ORS 192.245” commutations or pardons granted by the Governor.

Oregon law requires you receive “an executive summary of no more than two pages sent to every member of the Legislative Assembly by electronic mail” whenever a law requires a written report be submitted to the Legislative Assembly. ORS 192.245 (1).

On June 25, 2021 the Governor reported to the President of Senate and the Speaker of House as to the release of 985 convicted felons from Oregon prisons. This report was delivered a day before the adjournment of the Legislative Session. Common Sense For Oregon received a copy of this report because we had pending, since March, a public records request to the Governor’s Office.

So, we respectfully ask: Were members of the Legislative Assembly sent an executive summary of this required report?

In case you did not receive such a summary, our Common Sense For Oregon staff have reviewed the Governor’s report. We have prepared our own summary, and it is attached.

But to give you the complete picture as to this massive assault on truth in sentencing, we have also attached a media release which provides my own comments. We have also attached the Governor’s entire report to the Speaker of the House and the Senate President.

If you take a look at ORS 144.660, every commutation report also requires:

“The report shall include, but not limited to the reason for granting the reprieve, commutation or pardon, the name of the applicant, the crime of which the applicant was convicted, the sentence and its date, statements by the victim of the crime or any member of the victim’s immediate family… a statement by the district attorney where the conviction was had, photos of the victim, the autopsy report, if applicable, and the date of the commutation, pardon or reprieve.”

A good deal of this information is not included in the Governor’s report to Senate President and Speaker of the House.

I hope that some members of the Legislative Assembly will inquire further into these matters and at least demand additional explanation by the Governor.

Sincerely,

Kevin L. Mannix, President

Common Sense for Oregon

kevin@commonsensefororegon.org

2007 State St.
Salem, OR, 97301

503-480-0423

Dear Senators and Representatives,   

I am issuing this special message in regard to Measure 11 because the Governor is considering granting early release for Measure 11 criminals who helped fight Oregon Wildfires.   

The only way the Governor can reduce any Measure 11 mandatory minimum prison sentence is by using her constitutional clemency power. I believe that the exercise of clemency power requires that the Governor evaluate each specific case in which clemency is considered, and that she cannot carry out massive clemency grants which have the effect of changing established law regarding criminal sentences.   

I encourage every legislator to oppose this proposed reduction of sentences as to violent and sex criminals in light of the crimes which are involved and in recognition of the rights of victims to be consulted about this.  Under the Oregon constitution every single victim of these Measure 11 criminals will have to be contacted in regard to this early release.  This in itself imposes additional trauma on these victims.   

I ask you to contact the Governor and to advise her that the proposed early release is ill-advised and should not proceed, in regard to convicted felons but especially in regard to those who are serving Measure 11 sentences.     

Sincerely,    

Kevin L. Mannix    

President, Common Sense for Oregon    

Author of Measure 11     

Dear Members of the House,

Senate Bill 819 undermines earlier Measure 11 convictions and sentences by allowing a soft-hearted district attorney (yes, Multnomah County DA Mike Schmidt) to get together with a criminal defense attorney and retroactively undo a Measure 11 conviction and sentence.  This would be done by petitioning the sentencing court to allow a new conviction and sentence to be entered because the District Attorney and the Defense Attorney agree that the original sentence “no longer advances the interests of justice.”

One of the key elements of voter-passed Measure 11 is the predictability of sentences for violent crime upon conviction.  Under Senate Bill 819 a District Attorney may eliminate the impact of a jury conviction for a violent crime through an agreement with a criminal defense attorney to petition the court to reduce or eliminate a criminal conviction and sentence.

This is a miscarriage of justice.  I also contend that Senate Bill 819 requires a 2/3 vote of the House and Senate since it allows the reduction of sentences required by the voters for Measure 11 crimes. 

There is a process already in place to modify criminal sentences: the clemency power of the governor.  If a District Attorney and a Criminal Defense Attorney want to see an earlier sentence reduced or eliminated, they can ask the governor to use her clemency power to pardon the offender or modify the sentence.

I urge all members of the House to vote against Senate Bill 819.  While it is presented as a Ballot Measure 110 implementation bill, its actual affect is the elimination of Measure 11 sentences for violent criminals who were convicted by Oregon juries or who pled guilty to Measure 11 crimes. 

Sincerely,

Kevin L. Mannix

President, Common Sense for Oregon

Author of Measure 11

Dear Representative Lewis,

Thank you for raising questions in the committee about this bill.  I have sent an email to all members of the House and I trust that you have seen it.

This is the kind of legislation that every member of the House Republican Caucus ought to take a stand in opposition, regardless of whether a 2/3 vote is required.  This is retroactive resentencing.  The voters have taken a position against such resentencing by prohibiting the legislature from reducing sentences after the fact, Oregon Constitution, Article 1, Section 44.  Any such system requires that each case go back in front of the sentencing court.  That is why the proponents of this bill have to petition the judge but the very passage of this legislation can create a flood of retroactive resentencing in a given county where a District Attorney wants to eliminate tough sentences which were imposed in earlier cases.

Best Regards,

Kevin L. Mannix

Dear Republican Members of the House of Representatives;

I am writing to those of you who are on the Republican side of the aisle because this is one of those pieces of legislation where Republicans ought to come together to vote no as a matter of principle.

This bill is designed to allow Multnomah County District Attorney Mike Schmidt, and one or two other District Attorneys of like mind, to get together with criminal defense attorneys and petition the county circuit courts to set aside Measure 11 convictions and sentences so as to allow lesser crimes of convictions and sentences (with no mandatory minimum prison sentence) to replace the original conviction.

This is a back door opportunity for leftist DA’s to reduce legitimate convictions for Measure 11 crimes and get lesser sentences put in place so that the convicted felons will get an earlier release from prison.  They might even get such a light sentence that they are released on the basis of time served.

Because the Constitution requires that the sentencing court must make such a decision, the victims of these crimes will be notified and traumatized by having to go through a new sentencing process. 

The Bill is supposed to be designed to further the “interests of justice.” Well, there is a process in place where this can occur: a DA and his Criminal Defense Attorney friend can apply to the Governor for clemency.  She has the power to reduce sentences and pardon people, under the Oregon Constitution.

So, please consider this plain message: a vote in favor of this Bill is a vote to unlock the prison cell door and reduce mandatory minimum prison sentences which were established by a vote of the people.  It will also over-ride verdicts by juries by reducing the crime of conviction by the jury. 

Legislative Counsel may advise that this Bill does not require a 2/3 majority vote to pass because it does not directly reduce sentences.  But it does so indirectly.

I urge a NO VOTE on SB 819 A.

Sincerely,

Kevin L. Mannix