Oregon Ballot Measure 57 (2008)– aka Senate Bill (SB) 1087– was passed by Oregon voters in 2008 and later codified into state law as ORS 137.717. The measure was a legislatively-referred state statute, meaning the legislature put the ballot measure before Oregon voters. The law imposes mandatory minimum sentences for several property offenses.
Measure 57 has more than doubled the presumptive sentences for several crimes, and imposed what are called “mandatory minimums.” This means that judges no longer have the discretion to impose less prison or jail time. The statute requires prison for repeat property offenders.
As with Oregon’s Measure 11, Measure 57 has taken discretion away from judges, and given more power to law enforcement and prosecutors. This means that in plea negotiations, people accused of Measure 57 offenses may have less opportunities to avoid convictions, receive reasonable plea deals, or avoid significant incarceration. It also makes going to trial much more risky, because the penalties for losing are much more severe.
Ballot Measure 57 establishes mandatory minimum sentences for the following crimes:
- Theft in the second degree under ORS 164.045
- Theft in the first degree under ORS 164.055
- Aggravated theft in the first degree under ORS 164.057
- Unauthorized use of a vehicle under ORS 164.135
- Mail theft or receipt of stolen mail under ORS 164.162
- Burglary in the second degree under ORS 164.215
- Burglary in the first degree under ORS 164.225
- Criminal mischief in the second degree under ORS 164.354
- Criminal mischief in the first degree under ORS 164.365
- Computer crime under ORS 164.377
- Forgery in the second degree under ORS 165.007
- Forgery in the first degree under ORS 165.013
- Criminal possession of a forged instrument in the second degree under ORS 165.017
- Criminal possession of a forged instrument in the first degree under ORS 165.022
- Fraudulent use of a credit card under ORS 165.055
- Identity theft under ORS 165.800
- Possession of a stolen vehicle under ORS 819.300
- Trafficking in stolen vehicles under ORS 819.310, and
- Any attempt to commit a crime listed above.
If you’ve been charged with a repeat property offense, call our office to schedule a consultation, where we can discuss your options.