Oregon’s early release program under fire

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August 21, 2006

Oregon’s early release program under fire

Oregon has an unique early release program that, according to this fascinating article, is operating in a manner that has upset some of the state’s district attorneys. Here are parts of the article:

Norma Mae Gallagher turned 71 behind bars, where Clatsop County District Attorney Josh Marquis put her in 2003 after her 30 years of crime. This time it was drug-dealing and weapons. Nine months and 10 days into her three-year sentence she was out, thanks to Oregon’s alternative incarceration program, or AIP.

Marquis was frustrated and isn’t alone. Across Oregon other DAs have similar tales and want a review of the program passed by the 2003 Legislature…. The plan offers felons less prison time if they agree to six months of drug and alcohol treatment and three months of home leave….

About 13,000 inmates are in state custody at a given time. Since the program went into effect Jan. 1, 2004, AIP releases have been offered to 2,698 inmates, but 1,170 washed out during treatment and another 234 did so on home leave. Under AIP, with time off for good behavior and home leave, a felon sentenced to 45 months could be back home in six.

Former legislator Max Williams, now head of the Corrections Department, guided the enabling legislation for AIP to unanimous passage by the 2003 Legislature. It drew little attention, and the Oregon District Attorneys Association says it didn’t raise a fuss then because the bill was presented simply as a way to treat substance abusers in custody, something with which they generally have no problem.

Williams says that sentence reduction is all Oregon can offer as an incentive to undergo treatment, that the legislation ran the normal course and that the prosecutors shouldn’t have been caught napping…. [P]rosecutors want changes from the next Legislature. Clackamas County [prosecutor], John Foote, [says] “It’s shortening prison sentences in Oregon, and the public isn’t even aware of it. The Department of Corrections now decides how long a sentence is, not the court. The size of the time cuts is substantial, and it’s not determined at sentencing.” …

Deschutes County DA Mike Dugan says his colleagues are overreacting and says AIP does more good than harm. He said prosecutors have what they need and can structure plea deals to delay or ban AIP eligibility. “It’s possible to say, ‘OK, I’ll let you plead down, but you have to agree you’re not eligible for alternative programs until you have 12 months left, eight months left, whatever,’ ” he said. He says he gives the Department of Corrections more credit than many for using good judgment in winnowing unworthy applicants.

August 21, 2006 at 06:51 AM | Permalink

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Comments

Im on the side of the DA. Keep them locked up until their sentence is over. Their isnt enough jobs out here.

Posted by: Caleb | Feb 2, 2010 2:39:36 AM

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