Legislative and Policy Materials

Regarding smart sentencing (and the Public Safety Data Warehouse)

  • 2005 Oregon Laws Ch 473 (SB 914) Directs that presentence investigations provide: "an analysis of what disposition is most likely to reduce the offender's criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody"
  • 2005 Oregon Laws Ch 474 (SB 919) Directs the Oregon Criminal Justice Commission to "conduct a study to determine whether it is possible to incorporate consideration of reducing criminal conduct and the crime rate into the commission's sentencing guidelines and, if it is possible, the means of doing so."
  • 2003 Oregon Laws Chapter 669 (SB 267)This law encourages the Department of Corrections to use "Evidence-Based" treatment programs
  • 2001 Oregon Laws Chapter 936 (HB 3372)  Requires the Oregon Department of Administrative Services to designate a criminal justice agency to operate a criminal justice information program to coordinate data and to further the functions prescribed by 1997 Or Laws Ch 433:
  • 1997 Oregon Laws Chapter 433 (HB 2229)  This law charges criminal justice agencies in Oregon to gather, maintain, and share data so as to allow us to see correlations between sanctions and programs and future criminal conduct.
  • 1989 Oregon Laws Chapter 790, § 7a (ORS 135.980) Required the Department of Corrections to establish a directory of public and private programs for crime reduction and the claims of effectiveness of those programs.  The DOC was to report a plan for measuring the actual effectiveness of the programs to the next legislative session.  Almost all listed programs answered "Claim of effectiveness" with "None." The "plan" "reported" to the next session was modest, unenthusiastically outlined, reported virtually invisibly, and completely ignored; the old link to the 1989 session law works no more --see:  http://www.leg.state.or.us/ors/1987.pdf Today's DOC directory is robust, web-based and state-wide -- but still lacks any assessment of effectiveness.  What's left of 135.980 is much more modest.
    • 1997 Oregon Judicial Conference Resolution #1  This directs judges in sentencing decisions -- to the extent that they try to serve public safety--to consider and invite advocates to address what works to reduce criminal behavior;  it also urges them to obtain education in what works.xx
    • 2001 Oregon Criminal Justice Commission Public Safety Plan The first recommendation: "Oregon should develop availability of offender-based data in order to track an offender through the criminal justice system and to facilitate data-driven pre-trial release, sentencing and correctional supervision decisions."
    • Justice 2020: A Vision for Oregon's Courts (2001) The "Partnerships" vision includes "We use preventive measures and effective sentencing to reduce criminal behavior;" the strategies include "Employ Technology to Improve Sentencing Practices and Data-Sharing Systems."
    • Final Report of the Governor's Working Group on Criminal Justice Effectiveness Data and Research NeedsThis is the product of the work group convened pursuant to an executive order of Gov. Kitzhaber to make recommendations regarding the need  for "program and performance data . . . readily available to judges, attorneys, and other practitioners to result in decisions based on the effectiveness of correctional programs in reducing . . . future criminal conduct." The Final Report proposed a state-wide Public Safety Data Warehouse. 
    • Oregon State Police Public Safety Data WarehouseThis OSP site tracked developments in construction of a PSDW.  (Note: this OSP project and link have been discontinued- details on request; Oregon OJD's eCourt [state-wide court technology upgrade] contemplates data warehouse and analytics to support sentencing and other dispositions with best practices)