RESULT OF “YES” VOTE: “Yes” vote restricts early release of felons; prohibits voting by incarcerated criminals; prioritizes rape and sex abuse DNA processing; requires jails check inmates’ criminal history.

RESULT OF “NO” VOTE: “No” vote retains all criminal sanction laws; does not prioritize DNA processing in rape, sex abuse cases; jails not required to check inmates’ criminal history.

SUMMARY: Current law limits sentence reductions for persons convicted of certain offenses; allows Department of Corrections limited ability to utilize alternative incarceration programs, earned-time credits for some felons; prohibits incarcerated felons from voting; does not establish priority for processing criminal suspect DNA; does not require jails to conduct criminal-history checks before inmates’ release. Measure requires all incarcerated felons to serve at least 80 percent of incarceration sentence imposed by court; limits alternative incarceration programs, earned-time credits; prohibits incarcerated felons and misdemeanants from voting. Requires rape, sex-abuse suspect DNA to be collected, processed within three days, and analysis started by laboratory within 24 hours of receipt. Requires counties to conduct state-paid “national criminal-history check” before release of jail inmates. Other provisions.

Details

Section 1. This Act shall be known as the Hold Criminals Accountable Act.

Section 2. a. Notwithstanding any other provision of law, no inmate who is incarcerated as a result of a felony conviction shall receive any reduction in sentence, release from custody, conditional release from custody, or any other form of early release, where such action will cause such inmate to serve any less than 80% of the original term of incarceration imposed by the sentencing court.

b. It is the intent of this section that any person sentenced to any term of incarceration for a felony must serve at least 80% of the original sentence.

c. This section does not in any fashion allow reduction of any mandatory minimum prison term, by any amount; any inmate must always serve 100% of any mandatory minimum term of imprisonment.

d. This section applies to any person who is incarcerated on or after the effective date of this Act.

Section 3. a. Any person who is incarcerated as a result of conviction of any felony or misdemeanor crime shall not vote during the time of the person's incarceration.

b. This restriction applies to any person who is incarcerated on or after

the effective date of this Act, regardless of the date of criminal conviction and regardless of whether the most immediate cause of the incarceration was revocation of probation, revocation of parole, sanctions for violation of post-prison supervision standards, or some similar sanction. The only exception is for a person who is being held pending trial, and who is not otherwise subject to being incarcerated; such person may vote while incarcerated, if otherwise qualified to vote.

Section 4. In any rape or sex abuse investigation, where any suspected perpetrator DNA evidence has been gathered from the rape or sex abuse victim, the suspected perpetrator DNA evidence shall be analyzed and processed, and any suspected perpetrator DNA code shall be entered into the Oregon Criminal DNA database on a first-priority basis in order to more quickly identify and track down suspects. "First priority" means the suspected perpetrator DNA evidence is taken promptly by investigators and submitted as soon as possible, and in any event within three business days, to the lab for analysis, and the analysis process is started by the lab within 24 hours of receipt of such DNA evidence. This standard is set for the peace of mind of the victim, and failure to meet this standard shall not be the basis for exclusion of evidence in any proceeding.

Section 5. Each county shall conduct a national criminal-history check at intake on each inmate housed in a county correctional facility, and shall not release any inmate before such criminal history check has been carried out. The state shall reimburse each county for the costs of conducting such criminal history checks.

Section 6. This Act is effective upon passage. Every section is operative upon passage, except Section 5, which is operative April 1, 2009.