iSAf(JYDI Director's Message i JUSTICE======And frankly, I could be described as overly smarter and more cost-effective approach cynical, but history shows that Mannix has to maintaining public safety. Sentencing used and abused the ballot measure process reform will have to be on the agenda as a forhis own financialbenefit. strategy to curb corrections spending. A Measure 73 victory will not meaningfully Partnership for Safety and Justice has alter the momentum toward smarter already made significant progress building criminal justice reform. Remember that. a diverse coalition of groups to oppose Measure 73. That said, it is hard to imagine We hope you find this issue of Justice that the measure will not pass. The majority Matters substantive and educational. We of the electorate is simply working with too are exploring shifts in the presentation of little information when they vote on ballot Justice Matters and so the next several issues measures. But even if this measure passes, will include various new approaches to the I am not sure it will build much political cover and layout. Bear with us as we try momentum for Mannix and his tough-on­ new approaches on for size. We welcome crime lobby. If you haven't noticed, your feedback. is still experiencing a severe fiscal crisis, which is another thing we examine in this Thanks for your continued support. s you receive this issue of issue. Justice Matters, the election A season will be heating up. The legislature will be facinga multi-billion­ Voters will have some big dollar deficit next year and they will have decisions before them - like who will be a very difficult job figuring out how not the next Oregon governor and what kind to cut critical services. In that context, we of state legislature we want. Unfortunately, think policymakers will continue to be very David Rogers we will also see another ­ interested in exploring ways to take a much Executive Director sponsored ballot measure that proposes new mandatory minimums.

Measure 73 focuses on "repeat" sex offenders and drunk drivers in a ballot measure that has been described as "poll 2 tested to sucker-punch the public:• Kevin Mannix is definitely showing his level of 3 desperation with this ballot measure. After losing his last five runs as a candidate for 5 statewide officeand the defeatof Measure 61 in 2008, he is desperate fora victory. So 10 he has reached deep into his bag of tricks and combined two completely unrelated 12 sets of crimes into a package designed to tap into the public's emotional reaction to 14 "sex offenders" and drunk driving. Much of this issue is devoted to looking much deeper 17 at what Measure 73 would really do and getting to know its chief sponsor better. 20

There are a range of reasons to oppose 23 Measure 73. It doesn't offer real solutions to serious problems. It is poorly written 23 with a host of unintended consequences.

JUSTICE MATTERS SUMMER 2010 2 WWW.SAFE1YANDJUSTICE.0RG Organizational Update

Our Rebuilding Lives Gathering: Former A Day of Learning, Inspiration students of and Community Maclaren Youth Correctional More than 100 PSJ members gathered in Facility's Salem on April 24th to share in our statewide Universityof gathering. This year's theme was "Rebuilding Hope program Lives: Creating a Safer Oregon with Political showed offtheir Activism:' We shared a day of learning, moves with a inspiration and community. krump dancing demonstration We heard from a panel of longtime PSJ members and leadership from different perspectives who used their personal stories to show the need to make sure everyone­ survivors of crime, those convicted of You can watch crime, and the families of both-have the a video excerpt opportunities to rebuild their lives. of Jennifer's presentation We took workshops on justice reinvestment, on our website storytelling, and election plans, and we learned at: http://www. how to communicate effectivelyon our issues safetyandjustice. with friends, family and legislators. org/ spotlight/1933 PSJ proudly welcomed renowned author Jennifer Storm as our keynote speaker. Jennifer shared her powerful story of going through adolescence addicted to drugs and alcohol, surviving sexual assault and using her story to organize a movement to provide Hope. The students use krump, a form of creating change in Oregon's public safety opportunities forothers to rebuild their lives. dance, to practice creative intervention and system. To learn more about how you shape positive futures. can get involved, e-mail Erika (erika@ The day ended with a special presentation and safetyandjustice) to find out about volunteer performance by formerstudents of Maclaren Thanks to· all who volunteered and attended. opportunities and our Action Teams (see Youth Correctional Facility's University of We so look forward to an exciting year of below).

PSJ Board Changes

We bid a fond farewell to board member Terrie Quinteros is the Executive Director of coordinator. Cassandra recently moved back Taneisha White in June. Taneisha had been the Oregon Coaljtion Against Domestic and to Oregon and is currently an organizer foi:: on our board since May of 2004, one of our Sexual Violence. Terrie served as the Program SEIU. longest serving board members. We will miss Director for PSJ's Crime Survivors for her valuable contributions and wish her the Community Safety program (now the Crime Louise Bauschard is the Coordinator of very best. Survivors Program) from 2004 to 2008. Volunteer/Intern Services for Washington County's Center for Victims' Services and We've also added three new dynamic members Cassandra Villanueva was an organizer for Department of'Community Corrections. She to our board in June, two of whom long-time PSJ when we were Western Prison Project in has been an active PSJ member �ince 2000. I Justice Matters readers may recognize as 2004 and 2005. She moved to Washington, former staff members! We are so happy to D.C. to work for the National Council of La We feel very fortunate to have such a diverse welcome: Raza as their Latino Juvenile Justice Network and experienced board of directors!

JUSTICE MAffERS SUMMER 2010 3 WWW.SAFE'IYANDJUSTICE.0RG �SAfETYml Organizational Update i JUSTICE======the people who are taking the lead to make Portland Action Team Oregon smart on crime. All are welcome - Monday, September 13 please join us! Monday, October 11 At Action Team meetings we learn new skills, Monday, November 8 hear from speakers, and build momentum 5:30 p.m. forchange in our communities. PSJ's Office 825 NE 20th Ave., Suite 250 Be a part of our movement by learning how to: Eugene Action Team Monday, September 20 Action Teams • Write a compelling letter to the editor Monday, October 18 • Develop a relationship with your Monday, November 15 You read Justice Matters, but are you legislator 5:30 p.m. looking fora way to get more involved with • Communicate our messages effectively Sponsors, Inc. the work we do at PSJ? Changing the way with the public and the media 338 Highway 99 North Oregon approaches public safety can only happen when we organize, learn and take In the coming months, our Action Teams Plenty of food and friendly conversation action collectively to educate and influence will take the lead on organizing against are always on the agenda. To learn more our legislators and our neighbors. Ballot Measure 73 (read more about about our Action Teams, contact Erika Measure 73 in this issue of Justice Matters) at 503-335-8449, or e-mail her at erika@ We invite you to be a part of our Action and getting out the vote for the November safetyandjustice.org. We look forward to Teams. PSJ's Action Team members are elections. Join us forour fall meetings: seeing you this fall!

Make a Little Go a Long Way! strengthen your support of your choice ( until you tell us to stop) while also managing your which means no reminders from us. So, Finding that annual membership renewal budget. Monthly donors we spend less of your contribution on check a little harder to write in these tough increase PSJ's sense of security and ability postage and paper. Plus, all the benefits economic times but feel passionately to plan our future work. Monthly giving that come with being a member remain about supporting our work? Please is: yours to enjoy, including your subscription consider becoming a monthly donor! to Justice Matters. Making a contribution of just $5 or $10 Convenient - Your contribution is a month is an easy way to significantly deducted automatically from the account Powerful - By eliminating administrative expenses, more of your contribution goes to help PSJ ensure Oregon's approach to community safety is based Want to stay informed and on the principles of safety, prevention, active in our movement? accountability, healing, rehabilitation, and justice.

Sign up to receive e-news from PSJ ! Enduring - Spreading your support over time is easier on your budget. Plus it gives PSJ the security of a steady, reliable stream Enter your e-rnJil on our website homepage: of support. You'll feel good knowing that you're continuing to support PSJ's critical www. safety a ndj ustice. org advocacy work. Together we can make a difference for Please call Denise at (503) 335-8449 to become a monthly donor today! Oregon's criminal justice system!

JUSTICE MATTERS SUMMER 2010 4 WWW.SAFE'IYANDJUSTICE.0RG News Briefs

Safety and Sentencing News Lowering Non-Violent budget computations. Keeping reading Incarceration Rate Would Save this issue for more information about Cocaine Sentencing Disparities Law Billions Oregon's budget choices and options for cutting spending that will make On March 17, 2009, the A new study from the Center for communities safer. President Obama signed legislation in Economic and Policy Research (CEPR) August reducing longstanding federal foundthat over-incarceration in the U.S. Source: Center forEconomic and Policy sentencing disparities between those is a leading factor in state budget crises. Research caught with crack and those arrested The report, "The High Budgetary Costs with powder cocaine, finalizing a of Incarceration:' estimates that cutting bipartisan consensus addressing a incarceration rates for non-violent Crime in Oregon's Four Largest Cities racially polarizing law enforcement prisoners would save about $15 billion Fell Last Year debate. Mr. Obama had previously said per year in state and local budgets. that the new legislation would "help Crime across the country is dropping, right a longstanding wrong" and was The United States has the highest and recent reports say that Oregon is no "the right thing to do." incarceration rate in the world-seven exception. times higher than the average for other The legislation was a compromise industrialized nations. From 1980 to Data from the FBI show that violent reached by Democrats and Republicans 2008, the U.S. incarceration rate grew crime fell by 10 percent in Portland in who agreed that the old law imposed by 240 percent. Meanwhile, the total 2009. Meanwhile, Gresham experienced unduly harsh sentences for crack number of violent crimes in the United a 23-percent decline in violent crime and violations, which affected minorities States grew by about three percent. Now, Eugene a five-percent decline. Salem's in particular, compared with powder one in every 48 working-age men is in violent crime rate was not changed. cocaine violations. prison or jail. Property crime also declined in Salem, Eugene and Portland. Crime statistics Under the old law, a person caught with Thestudypointsto mandatoryminimum from the Oregon State Police indicate five grams of crack received a mandatory sentences and "three strikes" laws as the violent crime also fellin Beaverton, Bend, sentence of five years in prison, while chief causes of the rise in incarceration Hillsboro, Medfordand Springfield. a cocaine user had to have 500 grams rates. Researchers say that shifting non­ to merit the same term. The new law violent prisoners from jail and prison to Crime rates dramatically increased reduces the 100-to-1 disparity to 18- probation and parole would have little in the 1980s, leading to the passage to-l. A crack defendant would have or no affect on crime rates and would of Ballot Measure 11-a mandatory to have 28 grams to trigger the five­ not result in year mandatory minimum sentence, decreased or roughly the amount that authorities public safety. presume would indicate a dealer rather Non-violent than a casual user. prisoners make up over 60 Over the years, Partnership for Safety percent of the and Justice's members have joined incarcerated FAMM (Families Against Mandatory population. Minimums) in supporting changes to crack cocaine laws. To all of you who States across have written letters or emails or made the country are calls, this victory is yours as well. Yes, we looking at ways still have a lot of work to do to change the to cut costs, system, but we should all take a moment and looking and celebrate this important victory. at corrections budgets will Source: New York Times need to be a part of new

JUSTICE MATIERS SUMMER 2010 5 WWW.SAFE1YANDJUSTICE.0RG �SAfETYmJ News Briefs i JUSTICE======minimum sentencing policy-in 1994. to the community. From that focus, the The crime rate increase has reversed in report suggests a number of changes: Children who recent years, and experts aren•t quite sure how to explain it. Craig Prins, executive • Create a modern, transparent experience trauma have director of the Oregon Criminal Justice sentencing guideline system Commission, says it could be for a few • Place construction of future prison disproportionate contact reasons. New technology has helped beds on indefinitehold police in investigations and arrests; • Extend earned time to more people with the justice system Oregon has had strict meth laws since by adopting federal standards and 2005; and the proportion of young consider transition policies that men-the demographic that statistically incorporate halfway houses or These experiences have significant commits more crime-is smaller. electronic monitoring as a person impacts on the developing brain. And nears his release date while holding youth accountable fortheir Ryan Deckert, president of the Oregon • Reformsome mandatory minimum decisions is important, trauma needs to Business Association, said that "It's time sentences be considered when deciding where to for our policies to match the reality of • Continue the suspension of Measure place youth. This is noteworthy since our times. Oregonians are saferthan they 57 best practices indicate that youth who were two years ago, without the millions are treated in the community succeed it would have cost to fully implement These recommendations are definitely more often than those in detention. Measure 57:' headed in the right direction. Right now, though, they are just Thousands of youth are taken into the Source: Oregonian recommendations in a report. In order system each year but few are screened for the recommendations to become for trauma-related symptoms. Many real policy and law, they would need to agencies reported having limited or no Resetting the Criminal Justice become legislation and passed by the information on the youths• history, and System legislature. As we move toward the 2011 nearly a third of the service providers legislative session, we must keep these didn't have staff who were trained in In June, Oregon Governor Ted recommendations in front of legislators. assessing fortrauma. Kulongoski released the report and recommendations of his Reset Cabinet. Source: Governor's Reset Cabinet, http:// Thereport recommends federaland state The Reset Cabinet came together in 2009 governor.oregon.gov support of: improved trauma screening to look at four areas of state government and reporting; early prevention - K-12 education, higher education, programs; services and treatment for human services, and public safety - and Youth Justice News children who have experienced trauma; determine changes that could enable processing children in the system in ways the state to provide services in a climate Most Justice-Involved Youth that prevent further trauma; considering of increasing demand and decreasing Affected by Traumatic Childhood trauma when making placement state revenue. The Public Safety section Experiences decisions for justice-involved youth. is important because it includes many recommendations PSJ believes could The Justice Policy Institute (JPI) recently The full report can be downloaded from improve public safety and decrease released a report connecting childhood JPI's website at http://www.justicepolicy. criminal justice system costs. trauma with youth incarceration. org. According to the report, Healing The report recognizes that in an age Invisible Wounds: Why Investing in Source: Justice Policy Institute of declining crime rates, the growth Trauma-Informed Care for Children of the prison system has been driven Makes Sense, between 75 and 93 percent by changes in the lengths of sentences of incarcerated children in the United Justices Bar Life Terms forYouths rather than more crime. With limited States have experienced at least one Who Haven't Killed resources, the report recommends that traumatic experience, including sexual the focus of prison be to protect society abuse, war or neglect. The youth justice community celebrated from people who pose the greatest risk a huge victory in May when the Supreme

JUSTICE MATTERS SUMMER 2010 6 WWW.SAFElYANDJUSTICE.0RG News Briefs

Court ruled that teenagers could not be sexually assaulted by an intimate partner Theprogram gives local law enforcement sentenced to life without parole in cases in the last fiveyears. TheNational Institute authority to help federalImmigration and that are not homicides. of Justice recently hosted a forum of Customs Enforcement (ICE) arrest and experts who discussed risk factors that detain undocumented workers convicted The case involved Terrance Graham, a may predict more serious violence in of violent crimes. 22-year-old prisoner in Florida who was domestic violence cases. convicted of several armed robberies After more than a year in place, victim while he was a teen. In a vote of 5-4, In almost all domestic violence murder services organizations are saying that the the Supreme Court said that the Eighth suicides, the offender is a white man. program actually makes communities Amendment of the Constitution requires Common characteristics of murder less safe. Domestic violence shelters that youth serving life sentences must at suicides include: and family services groups in Latino least be considered forrelease. communities say that many immigrants • Prior history of domestic violence. are afraid to come forward after a crime About three dozen states allow youth to Thetime immediately afterthe has occurred forfear of identificationand be sentenced to life without the possibility woman leaves is the most dangerous. deportation. The program outfitslocal law of parole for crimes less serious than • Access to a gun. States with less enforcementwith federal documentation homicide (Oregon is not one of them). restrictive gun control laws have software.This results in more crime, more There are about 2,000 youth serving life as much as eight times the rate of domestic violence and more child abuse. without parole in the United States. About murder-suicides as those with the Many documented immigrants fear 100 of those are serving those terms for most restrictive gun control laws. the law as well but may not always have crimes that did not result in a death. • Threats,especially increased threats documentation with them, putting them with increased specificity. at risk of arrest. The Secure Communities In the majority opinion, Justice Anthony • Prior history of poor mental health program has a chilling effecton the entire Kennedy wrote that the state must give or substance abuse, especially Latino community. youth opportunities to change and alcohol. demonstrate their maturation through CAUSA, the Rural Organizing Project rehabilitation. Precedence for the case Unemployment was a risk factor for and SEIU have held protests in Portland was held in the 2005 decision to bar youth murder-suicide, but only when combined and across the state to rally against from being sentenced to death. with a history of domestic violence. In the program and encourage federal other words, it was not a risk factorin and immigration reform. Effects of the ruling will likely be felt of itself but was something that escalated in many states and cases where youth the violence followingprevious abuse. Source: Oregon News Service receive long sentences. It is an important step in the movement to treat youth If you are being abused by your partner, differently than adults in the criminal you are not alone. Help may be available. Securing Affordable Housing is a justice system. Even if shelter is not available immediately, Challenge forMany Oregonians a trained advocate can help you develop a Source: Associated Press safety plan. Call 1.800.799.SAFE 24/7 to New findings talk with an expert advocate. show that Oregon is a difficultplace Crime Survivors News Source: National Institute of Justice for survivors of domestic violence Men Who Murder Their Families: and sexual assault What the Research Tells Us Is "Secure Communities" Program to find safe and Living Up to its Name? secure housing. Oregon has one of the highest domestic violence-related murder rates in the The national "Secure Communities,, A new report by the Oregon Housing country. Worse yet, other forms of program is coming under intense Alliance and the National Low-Income domestic violence occur far more criticism fromgroups that value safe and Housing Coalition finds that Oregon frequently. A survey found that 1 in 10 just immigration reform. is the 26th most expensive state in the Oregon women had been physically or nation for renters. This makes it more

JUSTICE MATTERS SUMMER 2010 7 WWW.SAFE'IYANDJUSTICE.0RG ;SAfETYII News Briefs I JUSTICE======difficultfor many renters to balance their employment for formerly incarcerated budgets, risking the safety of domestic people to many audiences. We provide violence survivors. THINK one to six speakers for each event and have had the opportunity to speak to According to the report, the average community organizations and to large renter must work almost 50 hours Have you ever audiences that include legislators and a week to make the rent on a two­ been convicted university students. bedroom apartment. The hours are ofa felony? much higher-more than 70 hours a And, perhaps most importantly, the week-for a minimum-wage worker. speakers bureau is a place forleaders hip And state assistance is meager. Monthly development. Graduates of the training assistance payments for an individual will become trainers themselves to help in Oregon are $674. If that's a person's g others learn how to tell their stories. sole source of income, he or she can only afford to put $202 toward rent each This first group is just the beginning. month. Average rent for a one-bedroom OUTSIDE In the near future we will be expanding apartment is $650 in Oregon. the speakers bureau to feature people And now, on July 1, the city officially speaking on youth justice and surviving The lack of affordable rental housing removed that box! It will evaluate its crime. If you or someone you know has drastic implications for survivors of success so that it can become recognized wants to learn how to become a Voice domestic violence. Emergency shelter as a best practice. Removing the box was for Change, please call Patty at (503) ( which is also not available to everyone even featured on Eugene's KMTR news! 335-8449. And we're always looking for who needs it) provides life-saving opportunities forspeaking engagements. housing but is not a long-term solution. We're so excited by this campaign win, Please invite us to speak at your Without safe, stable, affordablehousing, and we're even more excited to know workplace meeting, church group or survivors may be forcedto return to their that we are part of a larger movement club event! abusive partner or facehomelessness. across the country-in cities like Seattle, Boston and San Francisco-that are Source: Oregon Housing Alliance and helping people to change their lives by PSJ Partners with SEIU and National Low-Income Housing Coalition thinking outside the box. Thank you to Empower Oregon to Change the Law all of our members foryour support and activism! Empower Oregon, SEIU and PSJ have Re-Entry News partnered to help change an Oregon law that bars people with felony convictions Eugene Removes the Box Beyond Barriers Speakers Bureau from working as residential addiction counselors. The law, originally intended Last October, PSJ and its members In February, Beyond Barriers Program to prevent formerly incarcerated had a huge win in its Think Outside Director Patty Katz started the Voices of people from working with vulnerable the Box campaign. With phones calls, Change Speakers Bureau to educate our populations, has caused hundreds e-mails and visits to the office of the community about the barriers formerly of Oregonians to lose their jobs and city manager, we convinced the City of incarcerated people face.The firstround threatened the jobs of hundreds more. Eugene to remove the question "Have of speakers forthe program graduated in you ever been convicted of a felony?" July. PSJ is in the process of gathering stories from its initial job applications. This of those who have been affected by the change will allow qualified, formerly We started the Speakers Bureau by law. We recently co-hosted a forum incarcerated applicants to talk about holding workshops for people to learn that helped connect people in the how they've changed their lives later in how to share a message, stay on topic, community with legislators so that top the application process. We know that and keep within the confines of time. decision makers can hear the stories of our communities are safer and healthier people in recovery-who have felony when all people have the opportunity to So far, our speakers have taken the convictions-who can't work to help get meaningful employment. message of the need to reduce barriers to others in addiction change their lives.

JUSTICE MATIERS SUMMER 2010 8 WWW.SAFETYANDJUSTICE.0RG News Briefs

Do you have a story to share? Have you the government up to 40 percent of the Recommendations from the report been fired from your job because of this wages they pay to the prisoner-workers. ask states to adopt effective assisted law? Or have you been counseled by outpatient treatment laws to keep a person with a felony conviction and Source: The Nation mentally ill patients out of the criminal know how important it is that people justice system and in appropriate in recovery help build community with treatment. This type of treatment people in addiction? Call or e-mail has been shown to greatly reduce Patty at (503) 335-8449 or patty@ Addressing the needs of hospitalization, homelessness, arrest safetyandjustice.org. and incarceration. Addressing the needs mentally ill in the United of mentally ill in the United States will increase community safety and decrease Prison-Related News States will increase overreliance on incarceration.

Prison Labor Cleans Up the Coast community safety and Source: Treatment Advocacy Center; National Sheriffs' Association If the job is hot, ·dirty, and dangerous, decrease overreliance on who's going to do the work? Along the Gulf Coast where BP's oil and chemical incarceration. Holder Misses PREA Deadline dispersants are polluting the beaches, many of the people doing the clean up In 2009, the bipartisan National Prison are prisoners. And along with getting Severely Mentally Ill Persons More Rape Elimination Commission released workers who can't refuse to do the Likely to be in Jails than Hospitals its proposal for national standards for hazardous work and who show up for 12- the prevention of rape and sexual abuse 16 hour shifts six days a week, BP pays A recent report that surveyed all 50 in prison. While the federal government very little and even gets a tax break. states shows that people with severe could have implemented the rules at any mental illness in the United States are time, the commission set a deadline of a It's hot along the Gulf in the summer, three times more likely to be held in a year forthe Justice Department to review and prisoners are daily shoveling sand jail or prison than a psychiatric hospital. and adopt the rules. In June, Attorney mixed with oil and dispersants into bags, The report, released by the Treatment General Holder missed the deadline for and every day more chemicals wash up Advocacy Center and the National adoption of the rules. on the shore. Fortunately people are Sheriffs' Association, contains a sad wearing some protective gear because the truth: jails and prisons have become our Once adopted, the rules would go materials they are shoveling are can affect mental hospitals. immediately into effect in federal the body in many damaging ways - right prisons, and state prison systems would down to your DNA. No one knows what And there is a strong correlation between have an additional year to create rules the long-term consequences of the spill states that have more mentally ill people that fall within the federal guidelines or will be on the coast and on the people in detention and those states that spend risk losing federal funding. doing the clean-up, but we do know that less money on mental health services. prisoners don't have health insurance, Severely mentally ill people that suffer To pressure the attorney general to adopt and medical care in prison has a lot of from diseases such as schizophrenia the rules, the advocacy organization Just problems and can be downright deadly. and bipolar disorder often don't receive Detention International formed the the treatment they need. This can result Raising the Bar Coalition. Organizations Lots of local people could use the jobs, in homelessness, victimization, and across the U.S., including Partnership but prisoners are cheaper. In Louisiana, incarceration. forSafety and Justice, have signed on to prisoners make from nothing to 40 cents the coalition to push forimplementation an hour. Many jails consider the toxic The study also shows that at least 16 of the rules. work to just be a part of the sentence. percent of prisoners have a serious Along with the low wages BP pays, the mental illness, and that jails and prisons Source: Just Detention International company is also getting tax breaks - are not designed to be treatment centers $2,400 for every work-release prisoner for mental health patients. they hire. BP can also get back from

JUSTICE MAffERS SUMMER 2010 9 WWW.SAFE1YANDJ USTICE.0RG iSAfETYIII Oregon's Budget Crisis I JUSTICE======By Caylor Roling between the time the budget is approved Other programs that help familiesin crisis and tax day when revenue is collected. - from drug and alcohol treatment to early "We are on an unsustainable trajectory:' intervention programs for young people Director of Corrections Max Oregonians did take action to help our - are also being cut. Relief Nurseries help Williams said this in a 2005 interview with budget crisis by passing Measures 66 and build healthy families, keep children out The Oregonian, and today, in 2010, we're 67 that increased taxes on high-income of expensive foster care, and have shown living with the result of this unsustainable households and businesses. These were to have positive public safety outcomes. growth in incarceration in the midst of good policies. They were designed to Drug and alcohol treatment and mental what some are calling The Great Recession cover the gap that existed in the state health services help people stay healthy, - the biggest economic collapse since the budget at the time when they were written. keep people out of jail and prison and Great Depression. Unfortunately, the recession deepened, the help people hold jobs so that they can economy got worse, more people lost their contribute revenue to the state. These and In response to a shortfall in Oregon's jobs, and even less money came in than other programs will be cut in the current budget, all state agencies are cutting 9 was projected - so we're still facingcuts. budget. percent of their budgets for the current budget cycle. Meanwhile we're facing a I could write more about all of the beneficial $2.5 billion budget deficitfor 20 11-13, and programs funded by the state, but I'll just state economists are projecting revenue leave this section with one last thought shortfalls forthe next ten years if we don't - education. Portland Public Schools change where the money comes from and/ are looking at 19 percent cuts, ending or what we're spending it on. physical education and other programs. As we make these cuts, it's important to While budgets are being slashed across remember that schools are a part of our the board, one agency, the Department of public safety system, too. Schools can Corrections, will receive over $15 million provide the inspiration through programs fromthe Emergency Board to keep prisons or teachers that help kids choose positive open. We're going to take some column paths in life and find supportive services, space in Justice Matters to look at how or they can let young people slip through we got into this crisis and what the crisis the cracks with overcrowded classrooms, means for Oregonians, what prisons have overworked teachers and higher dropout to do with it, and the changes we must rates. make fora different future. At the same time that states are collecting less money from taxpayers than they What do prisons have to do with TheCrisis expected, the demand forservices provided this? by the state is increasing. In just one Oregon isn't the only state facing a serious example, Oregon has seen a tragic increase Our regular readers know the answer to budget crisis. At least 46 states have in domestic violence murders in the past this question. The budget for the Oregon shortfalls for the coming year, and the year. We know that the state General Fund Department of Corrections (DOC) has outlook forf uture years isn't good either. At source for money for domestic violence been the fastest growing part of the state the root of the problem with state budgets and sexual assault survivor services, the general fund budget. At close to $1.5 is that money that was budgeted to pay for Oregon Domestic and Sexual Violence billion this biennium, DOC's expenditures the programs and services provided by the Services Fund (ODSVS), has been have increased 209 percent since the 1985- state just didn't come through. In Oregon, historically underfunded so that there 87 budget cycle. Just forsome perspective: the state General Fund budget is limited aren't enough resources (shelter space, fundingfor juvenile services has increased primarily to income taxes and property counseling, advocacy, hotlines, etc.) for all 63 percent and state police expenditures taxes, with some feesfor specific programs of the families seeking help. In 2009, over increased just 5 percent over that same - think college tuition which is a fee that 19,500 requests foremergency shelter from time period. To connect that back to your goes specificallyto fund colleges. Since our violence went unmet because of a lack of wallet, state general fund expenditures budget is so income-tax dependent, high funding. Still, as a part of the governor's 9 on public safety went from $700 per unemployment means a lot less revenue, percent cuts for this biennium, ODSVS is household in 1985 to $1426 per household and unfortunately a big budget hole, expecting a $500,000 cut. in 2007. (All of these numbers come from

JUSTICE MAnERS SUMMER 2010 10 WWW.SAFE1YAN DJUSTICE.0RG Oregon's Budget Crisis

the Public SafetySubc ommittee Report of the help families - and all of these programs Governor's Reset Cabinet.) have positive public safety benefits and are a more cost effectiveuse of our tax money. This increase is based on over a decade of prison construction and increasing prison Unless the legislature takes action, populations driven by mandatory minimum incarceration will take up more and more sentencing. Building prisons is expensive, of our dwindling state resources at a cost to and we're currently spending over $130 many other state services that create public million this biennium just on debt frompast safety. prison construction with two more prisons scheduled to be built in the future. Along Whatcan we do? with the costs of debt and construction, once prisons are built, they are also expensive to Acting together we can demand a choice operate. and a different path. Our futuredoesn' t have When we talk about prisons, we talk about to be more prisons and less for everyone the General Fund because almost all of the else. We must get together and demand money to pay for them comes from there. something different. General Fund money can be designated to any program by the legislature. It doesn't Our readers know that we need to get have the strings or restrictions that federal Smart on Crime in Oregon, and at the end funds or money from licenses or fees do. of June, the Governor's Public Safety Reset Lottery money must go to schools, parks, Committee outlined a number of smart and economic development. It can't be used reformsthat can keep Oregonians safe and foranything else, and DOC receives a very rein in our spending on corrections. small amount of money from the federal government. So the bulk of that $1.5 billion The committee's task was to look at more comes out of money that could be allocated immediate and longer-term reforms that to drug treatment, victims' services, daycare could help us move through the next decade for the children of people looking for jobs when revenue is not projected to meet the - just about any other program. The more need forstate services. DOC takes, the less there is for other state programs. Recognizing the unsustainable trajectory of the prison system, the committee Since the bulk of the costs for DOC come recommended putting future prison from running prisons, it's difficult to scale construction on hold indefinitely. They also that budget back without closing prisons. suggested creating a sentencing guideline DOC did propose closing three minimum system that changes some Measure security prisons as part of the mandated 9 11 sentences, creating an earned time percent cuts this biennium, but the political policy that extended 15 percent earned will to even discuss this as a possibility just time to all prisoners not serving a life wasn't there. sentence, continuing to suspend Measure 57, and exploring more alternatives to So prisons are both very expensive and very incarceration. difficult to cut - even in times of crisis. As I write this, the governor has requested These are smart reformsthat Oregon needs millions from the Emergency Board to keep now. These changes would require legislative prisons open. He is not requesting money to action, and we'll be there in January to ask keep drug and alcohol programs open, fund forchange. We need you to join us. Oregon domestic and sexual violence programs, pay is facing years of economic troubles, and for gang prevention programs, or pay for together we can implement more sensible Relief Nurseries and similar programs that public safety policy and help turn our economic troubles around.

JUSTICE MATIERS SUMMER 2010 11 WWW.SAFETVANDJUSTICE.0RG �SAfETYml Seeing Measure 73 for What It Is I JUSTICE======By David Rogers made ballot measures a profitablebusiness. .. .let's be clear: Thereis (See "Just Who Is Kevin Mannix, Anyway?" Kevin Mannix is at it again. Initiative on page 17) Petition 13 officially qualified for the no grassroots movement November ballot in July and became So here at Partnership for Safety and Measure 73. This measure is another set of that brought Measure Justice, it is hard to see Kevin Mannix's proposed mandatory minimums, this time latest ballot measure as a sincere attempt focused on both "repeat sex offenders" 73 to the ballot. Thisis a to do something productive about sexual and "people with multiple convictions for assault and drunk driving. Excuse the driving under the influenceof intoxicants Kevin Mannix measure skepticism, but we learn from history. (DUII):' Kerry Naughton addresses Mannix has now lost his last five attempts whether Measure 73 offers any viable that qualifiedthrough at running for office. Ballot measures are solutions to problems of driving while one of the last tactics he has available as intoxicated or sexual assault in "Would paid signature gathering. an attempt to remain politically relevant. Measure 73 Make Us Safer?" on page And he has the financial backing of Loren 14. This article will focus on why this measure is on the ballot and the potential unintended consequences if Measure 73 is passed. Excerpts fromthe 2009 Report: Loren Parks: Oregon's$13 Million Dollar Man3 First, let's be clear: There is no grassroots movement that brought Measure 73 to the Hypnosis Therapy ballot. This is a Kevin Mannix measure that qualified through paid signature In his non-professional life Parks offers free psychological therapy in the form gathering. of exposition and recordings on the Internet at www.psychresearch.com . 1bis website discusses Parks' extensive experience using hypnosis to treat a wide Oregon's Citizens Initiative Process was range of physical and emotional ailments, including sexual complaints of both approved in 1902 as a way for the Oregon men and women as well as including stories of Parks' personal involvement in voters to pass laws when they thought mixing sexual activity and hypnosisthat move beyond theory. At the bottom legislators had gotten something wrong or of each website page is this caveat: "'Ihe author of this page is not a tate or abdicated their responsibility to legislate medically-licensed professional:' lhe past president of the American Society on a particular issue. That seems like a of Clinical Hypnosis, Melvin Gravitz, said it would be "reprehensible" for a good idea. Why not put power into the nonprofessionalpsy chologist to attempt such a treatment. hands of Oregonians to drive policy debates and pass laws on core social Tuo Settlements in Lawsuits Related to Parks, Sexual Activity issues? Unfortunately, in the past decade Oregon's initiative process has been used Loren Parks has settled two separate lawsuits pertaining to his sexual activity: and abused. It is no longer primarily a tool In a 1983 court filing,a woman, described in the filingsas "somewhat retarded:' for grassroots movements with legitimate saidParks had sex with her when he was approached forhypnotic therapy. Parks concerns but has become a political ettled the lawsuit in 1986 with an acknowledgement that they

JUSTICE MATIERS SUMMER 2010 12 WWW.SAFE1YANDJUSTICE.0RG Seeing Measure 73 for What It Is

Complete Text of Ballot Measure 734

REQUIRES INCREASED MINIMUM SENTENCES FOR CERTAIN REPEATED SEX CRIMES, INCARCERATION FOR REPEATED DRIVING �.DER INFLUENCE

RESULT OF "YES" VOTE: "Yes" vote increases minimum sentences for certain repeated sex crimes (300) months), imposes minimum incarceration sentence forcertain repeated driving under the influence convictions (90 days).

RESULT OF "NO" VOTE: "No" vote retains mandatory-minimum sentences of 70 to 100 months for certain sex crimes, provides no mandatory-minimum incarceration sentence fordriving under the influence.

SUMMARY: Current law imposes mandatory-minimum sentences of 70 to 100 months for certain sex crimes; no mandatory-minimum incarceration sentence for driving under the influence of intoxicants (DUii). Measure imposes mandatory-minimum sentence of 300 months for person convicted of "major felony sex crime" if previously convicted of major felony sex crime; defines "major felony sex crime" as first-degree rape, first-degree sodomy, first-degree unlawful sexual penetration, using child in sexually explicit display; previous conviction includes conviction forstatutory counterpart in another jurisdiction, and separate criminal episode in sainesentencing proceeding. Measure makes DUII a class C felony if defendant previously convicted of DUII, or statutory counterpart, at least twice in 10 years; imposes mandatory-minimum sentence of 90 days, at state expense. Other provisions.

Parks, an out-of-state business man with a state resources, the best approach to dubious background. Parks has contributed Measure 73 not only does address the issue is not new and longer over $4 million to Mannix's candidate and mandatory minimums. Most sexual ballot measure campaigns. nothing to strengthen assaults are never reported, but those victims often do seek help whether it is Parks has single-handedly contributed domestic violence and through a women's crisis line or a domestic more money to Oregon political campaigns violence shelter. The only dedicated than anyone else. And by the way, the sexual assault programs state funding for those programs is the irony of Loren Parks funding a measure on Oregon Domestic and Sexual Violence sexual assault is not lost on us. Loren Parks but could actually take Services Fund, which receives less than has a well-documented history of acting $5 million a biennium. Last year, nearly as an unlicensed "therapist" who, among funding away from them. 20,000 requests for emergency shelter other things, attempts to address sexual from violence went unmet in Oregon problems through hypnosis, including because we have not properly funded a documented history of mixing sexual the state estimates that this measure will these life-saving programs. Measure 73 activity with hypnosis. He has been sued impact only about 13 offendersa year who not only does nothing to strengthen those forthis activity, but the advantage of being are already receiving an average of 15-year programs but could actually take funding a multi-millionaire means that settling sentences. away from them. out of court to reduce public exposure is a viable option. If Mannix sincerely wanted to address the Measure 73 also carries potentially grave serious issue of sexual assault, he would unintended consequences to the sex The first part of Measure 73 proposes 25- have asked for advice from the advocates offense-related mandatory minimums. year mandatory minimums for repeat around the state who work daily to end Because one of the offenses included is sex offenders. Sexual violence is a real sexual assault and violence against women. "using a child in a sexually explicit display;' problem that affects individuals, families, If he bothered to have those conversations, teenagers could get swept up into serving and communities throughout Oregon. But he would have learned that with limited long prison sentences forwhat is known as

JUSTICE MATTERS SUMMER 2010 13 WWW.SAFE'IYAN DJUSTICE.0RG �SAfEJY!I Would Measure 73 Make Us Safer? I JUSTICE======(Seeing Measure 73 fo r What It Is Cont'd.) Here again, Measure 73 is looking to By Kerry Naughton address addiction-driven crime and fails "sexting:' Sexting is the transmission of a to acknowledge or include treatment, sexual image through cell phones, digital court supervised or other, as a needed cameras and other devices. A 2009 poll by approach. the Pew Research Center showed that 15 percent of cell-owning teens ages 12- 17 Measure 73 also makes the third DUii say they have received sexually suggestive offense a Class C felony, which in many nude or nearly nude images of someone ways makes the 90-day mandatory they know via text messaging on their minimum it also imposes a decoy. Safety: it's a small word with deep meaning. cell phone. 1 This is clearly inappropriate By making a third DUii offense a Every person has an instinctive need to behavior that is also a relatively new Class C felony, the crime would carry be safe. Abraham Maslow, an American phenomena facilitatedby the easy access a presumptive sentence of 12 to 25 psychologist who had a major influence on teens have to un-supervised technology months. This loophole could make the modern psychology, developed a hierarchy use. Prosecutors have already begun increased prison and incarceration of human needs and placed safety as the to try teens in sexting criminal cases costs of this measure skyrocket. When most basic need, second only to physical around the country and here in Oregon. the Oregonian asked Mannix about this needs like food,water, and shelter. Maslow But before we jump to criminalize this unintended consequence in order to was basically saying that people's need for behavior with 25-year prison sentences, write their editorial "Tough on Crime, safety-that desire to live in a predictable, we need serious public debate and Short on Money" from July 20, 2010,2 orderly world-was a building block for research about how to address impulsive Mannix suggested the legislature could other things in life, like having a deep sense and sexually charged teenage behavior in fix the sentencing guidelines if M73 of belonging and becoming the person they this modern age, while making sure that passed. Really? So Mannix slapped want to become. victims' needs are also addressed. together a poorly crafted ballot measure that requires a legislative fix. If that isn't Safety isn't just a basic need that every Measure 73's DUii provisions appear a confidencebuilder , what is it? person has, though; it's also felt in a very similarly ill-conceived. Drunk driving is personal, unique way. Not only do people a serious problem and can lead to severe As I said at the beginning of this article, want to be safe, we want to feel safe. injury and death, but the focuson creating Kerry Naughton's "Would Measure 73 Unfortunately, feeling safe can be difficult 90-day mandatory minimums foranyone Make Us Safer?" on page 14 delves more in this media age where we are bombarded with a third DUii conviction within ten deeply into the substance of Measure 73's by violent, often sensationalized, news years is far from evidence based. Despite policies, but we needed to take some space accounts. We see images of the aftermath the instances of repeat DUii convictions to explore the raw and ugly politics of this of violence and hear the confusion and trending down in Oregon, there is room measure. To be clear, PSJ would seriously anguish of the survivors and witnesses of for improved policy. That said, research consider the measure, regardless of what the violence and the community where shows that increased prison sentences we think of the sponsor, if it was offering the violence occurred. We wonder how we are not a deterrent, while access to research-based and rational policies that would feel if our loved ones were harmed addiction treatment is proven to reduce could effectivelyimpr ove Oregon's public by violence like we watch on the news. future offenses. safety. But it's not good policy. Given Just consider how many of us have hugged how little information the average voter our young loved ones closer as we watch Does this sound familiar? In 2008, has to assess ballot measures, Mannix is continuing accounts of missing seven-year­ Mannix looked to address addiction­ vying fora purely emotional response to old Kyron Horman. driven crime with Measure 61, offering his ballot title. Measure 73 is targeting mandatory minimums while addiction sex offendersand drunk drivers because For survivors of crime, physical safety treatment was no part of his "solution:' it is an easy political win. is incredibly important. For far too many survivors, especially of domestic 1 http://pewresearch .org/pubs/ 1 440/teens-sexting-text-messages and sexual violence, child abuse, and 2http://www.oregonlive.com/opinion/index.ssf/201 0/07 /tough_on_ crime _s hort_on_ money.html community violence, the sense of personal 3http://www.commoncause.org/atf/cf/% 7BFB3C I 7E2-CDD l -4DF6-92BE- physical safety is difficult to attain. Safety BD4429893665%7 D/200

JUSTICE MAffERS SUMMER 2010 14 WWW.SAFETYAN DJUSTICE.0RG Would Measure 73 Make Us Safer?

admit they don't feel safe, even if they are sanctions do not significantly decrease physically safe. When a crime occurs, the DUii recidivism, but rather careful survivor is not in control of what happens. screening foralcohol-related problems The psychological aftermath of the crime and treatment are key to preventing re­ is so confusing and overwhelming that offenses. many survivors say they feel "like they're • Only 16 percent of DUii offenders out of control:' Helping survivors to regain sentenced to a typical alcohol treatment a sense of security and control over their program were convicted of another lives is important to rebuild their sense of DUii within six years of receiving personal safety. That's why our public safety treatment. Fourteen percent ( 14 and public health systems have developed percent) of offenders who completed structures and approaches to help survivors a special 12-week group therapy findsafety and rebuild their lives. treatment program were re�arrested for DUii, compared to 36 percent of those This November, Oregonians will vote on who did not complete the program. Ballot Measure 73, which would increase mandatory minimum sentences for people clear that the person has a problem with Measure 73 provides only punitive with multiple driving-while-intoxicated addiction. So, what would help this person sanctions; it does not address treatment or sex offenses. The measure's creators say decide not to drive under the influence in to prevent I'e'-offense. Worse yet, the costs that Measure 73 will increase individual the future,which would in turn help ensure associated with the·punitive sanctions may and public safety because the people who that no one is injured or killed in a DUii take money away fromtreatment programs commit crime will be locked away for crash? that prevent re-offense. longer periods of time. But when we look at the details of Measure 73, learn about its In 2008, the Multnomah County Sheriff's potential fiscalimpact, and hear what some Officereleased a report reviewing ten years Sex Offenses of the leading experts have to say about of DUii data in the county and research �ilar attempts to create safety, it looks from around the country to see what Measure 73 would also increase mandatory unlikely that Measure 73 would bring us helps reduce drunk driving recidivism.2 minimum sentences forrepeat sex offenders. the safety we seek. The report outlined three general types In these cases, there are crime survivors of sanctions typically imposed on DUii whose needs should be addressed. offenders: Driving Under the Influenceof Undoubtedly, Oregon has a substantial Intoxicants (DUii) • Punitive sanctions, including problem with sexual assault: incarceration, fines,and community In the DUii cases covered by Measure 73, service. • One in six Oregon women has there would be no victim/survivor. If there • Rehabilitative sanctions, such as survived forciblerape. 3 were an injury to another person, additional education, treatment programs, and • A survey of intimate partner violence charges would likely result. Theconcern, of victim panels. (IPV) in Oregon foundthat 1 in 10 course, is that if the person continues to • Incapacitation sanctions, such as Oregon women had been physically drive under the influence, he or she will impounding vehicles or license or sexually assaulted by an intimate eve�tually be in a crash that injures or kills plates, installing ignition interlocks, partner during the 5-year survey someone. or requiring electronic monitoring or period.4 home incarceration. Measure 73 would apply to people who But according to state estimates, the sex have three DUii convictions in 10 years. The report also looked into research about offense provision of Measure 73 would In 2007, convictions forDUii were at their the most effective ways to reduce DUii apply to only 13 offendersa year. highest point in 10 years, but the percent recidivism: of convictions that were for a third or Most sexual assaults are not reported and subsequent DUii was only 3.6 percent (this • According to most of the research even fewer will go to trial and end in a was a decrease from 5.9 percent in 1998). 1 literature, punitive sanctions have conviction. Incarceration is important in By the time of a third conviction, it's pretty limited effects on recidivism. Punitive those cases that do end in a conviction, but

JUSTICE MATTERS SUMMER 2010 15 WWW.SAFETYANDJUSTICE.0RG iSAfETYmJ Would Measure 73 Make Us Safer? I JUSTICE======incarceration is just one part of a larger national and state level, has become between $11.4-$14.6 million the second public safety infrastructure and response. greatly skewed towards efforts to year, and between $18. 1-$29.1 million/ increase penalties for offenders and year after the fifth year. These costs are In 2006, the National Alliance to End create more restrictive offender all associated with the DUii provision. Sexual Violence (NAESV) provided management programs in lieu of Since the sex offense provision would legislative analysis around the Adam Walsh addressing the underlying issues apply to people already serving multi-year Child Protection and Safety Act, federal which lead to sex offending behavior. sentences, additional costs wouldn't apply legislation with a number of provisions, While offender accountability and until after 2017. including creating a national sex offender management are important factors registry and increasing mandatory in how our communities respond to Measure 73 is an unfunded mandate. minimum sentences. NAESV did not take Its costs would be paid out of the General a formal position on the act as a whole, Fund, which also pays forpublic education, but did provide this analysis on mandatory Measure 73 presents no health care, human services, and public minimum sentences:5 safety. These are all areas that also affect useful solutions if Oregon crime survivors' safety and ability to rebuild Long mandatory minimum sentences their lives. can have a number of negative is really interested in consequences that serve to decrease, Since 2007, Partnership for Safety and rather than increase, public safe ty smart public safety policy Justice has been advocating to increase ( emphasis added). For example, lengthy the Oregon Domestic and Sexual Violence mandatory mm1mum sentences Services Fund (ODSVS), the only source of sometimes result in prosecutors not sexual violence, it is critical that these General Fund money to support shelter from filing charges or filing charges for issues do not replace or diminish violence, individualized safety planning a lesser crime than a sex offense, as efforts to provide victims with rights and advocacy, hotlines, counseling, court well as increased plea bargains down and services and to prevent future accompaniment, assistance with public to a lesser crime. Similarly, judges victimization. NAESV would like to benefits, and prevention efforts. Domestic or juries may be less inclined to stress the ongoing and critical need to and sexual violence services are already convict a defendant on a sex offense provide victims with substantive rights, severely underfunded and are facing even because of the mandatory minimum increase funding for direct victim greater cuts. In 2009, over 19,500 adults' sentence. Long mandatory minimum services, increase funding for rape requests for emergency shelter from sentences can also keep victims who prevention education, and to pursue violence couldn't be met because of a lack were assaulted by someone they know other victim and prevention focused of funding. If Measure 73 is passed, it could from reporting the crime. All of these policy initiatives. further jeopardize Oregon's ability to meet possible negative consequences can thousands of pleas for help by having a result in fewer sex offenders being Measure 73 would only increase penalties; "one size fits all" sentencing approach that prosecuted and/ or tracked, thus it does not address victims' rights, funding imprisons drunk drivers while ignoring NAESV opposes mandatory minimum for direct victim services, or prevention the need for addiction treatment and talks sentences. initiatives. tough with mandatory minimums that affect just 13 sex offenders a year. Upon NAESV's legislative analysis also stated: closer examination, Measure 73 presents TheCost of Measure 73 no useful solutions if Oregon is really NAESV is concerned that the political interested in smart public safety policy. discussion surrounding sex offender Official state estimates put the cost of management issues, both on the Measure 73 at $1.4 million the first year,

1http://www.oregon.gov/ODOT/TS/ docs/DUII/2007 _DUI I_Statistics.pdf 2 http://www.mcso.us/public/Publications_Reports/ corrections_related_reports/DUi l98-07. pdf 3 http://www .musc.edu/ ncvc/grants/SO _s tates_reports/ oregon. pdf 4 http://www.oregon.gov/DHS/ph/ipv/docs/survey.pdf 5http://naesv.org/Policypapers/ Adam_Wa lsh_SumMarch07. pdf

JUSTICE MAffERS SUMMER 2010 16 WWW.SAFE'IYANDJUSTICE.0RG Just Who is Kevin Mannix, Anyway?

his fall Oregon voters face During the fallof 2009, Kevin Mannix, HISTORICAL OVERVIEW - 1998 yet another Kevin Mannix - . with partners Ross Day and Russ THROUGH 2008 sponsored ballot measure. By Walker, supported signature gathering now, many of us have grown to qualify Measures 66 and 67, referenda Kevin Mannix was first elected to the tiredT of his use and abuse of the ballot to require public votes on bills passed Oregon House as a Democrat from measure process. But we also realize by the 2009 legislature to increase the Salem in 1988 and continued to serve that many newer Oregonians or people marginal tax rates imposed on top tax his district until 1996 when he gave newer to tracking Oregon politics brackets and to increase from $10 the up the seat for an unsuccessful bid for have less of a sense of Kevin Mannix's minimum corporate tax. attorney general against political history. So we decided to in that year's Democratic primary. provide a brief overview. "Mannix has exhibited a Mannix's interest in state-level politics, Janice Thompson, Executive Directorof however, began in 1994 when he Common Cause Oregon, is the author tendency to mix politics successfully championed tough-on­ of A Political History of Kevin Mannix. crime Measures 10, 11 and 17. These This is an amazingly comprehensive and business in ways that, measures, particularly Measure 11's report, and Janice was kind enough mandatory sentencing requirements, to let PSJ use excerpts from that though lawful,have sparked have had a major impact on our state's report as a brief summary. One of the criminal justice system as well as state characteristics that makes Mannix controversy over the years?' budgets due to an increase in prison somewhat unique in Oregon is his adept construction. As of spring 2007, ability to move political money around ~ Janice Thompson Oregon was spending essentially as in ways that not only significantly much forincarcerating 13,401 inmates benefit him personally but make it as foreducating 438,000 university and incredibly difficult forpeople to track. Though unsuccessful in his statewide community college students. The full report does an incredible job candidate campaigns, Kevin Mannix's tracking the complicated movement "tough on crime" measures have had Kevin Mannix's move into the ballot of money by Mannix with detailed a significanteffect on Oregon budgets. measure arena could be viewed as an charts. For space reasons, we could Mannix's most recent measures on attempt to increase his statewide profile not include much of that information. this topic, though, Measures 61 beforeattempting a statewide candidate Therefore, for those readers who are and 62, were rejected by voters in campaign, which he did two years later interested in the topic, we encourage November 2008. Mannix's positions in 1996 when he unsuccessfullyran for you to read either the full report or the on 18 measures on the ballot from attorney general. However, Mannix's full summary which can be found at 1998 through 2008 carried the day motivation forturning to the initiative the Common Cause Oregon website: with voters nine times, but there were process could be frustration with http://www.commoncause.org/oregon. also eight losses and one measure making policy gains as a legislator. overturned as unconstitutional. .. The following are excerpts from A Mannix enjoyed mixed success with Political History of Kevin Mannix: Throughouthis political career, Mannix the voters in 1996. In addition to his has exhibited a tendency to mix politics loss to Hardy Myers in the attorney and business in ways that, though general primary, Mannix's Measure INTRODUCTION lawful, have sparked controversy over 19, amending the state constitution to the years. For example, the Mannix law permit regulation of child pornography Kevin Mannix has been active in firmhas received large payments from and other obscene materials, failed. Oregon policy development as a foundations that, in turn, received Mannix's Measure 40, however, won. legislator since 1988 and through the support from foundations controlled Measure 40 amended the constitution use of the ballot measure process since by Mannix's major political patron, with a wide range of tough-on-crime 1994. In addition, Mannix has vied Loren Parks. Contributions from provisions with a focus on victim unsuccessfullyfor the statewide offices Parks to Mannix's statewide candidate rights. Two years later, the Oregon of attorney general and governor. and ballot measure campaigns total Supreme Court overturned the $4,050,873. measure, which had been challenged

JUSTICE MATTERS SUMMER 2010 17 WWW.SAFE1YANDJUSTICE .0RG :SAfETY II] Just Who is Kevin Mannix, Anyway? I JUSTICE======in Armatta v. Kitzhaber, for containing during the 2003 session by balancing TOP DONORS FOR AND AGAINST multiple constitutional amendments in a state budget with a temporary tax MANNIX CAMPAIGNS a single measure. increase. Measure 30, a referendumin a February 2004 special election, was Top contributors to Kevin Mannix's In 1998, Mannix was re-elected to his successful with voters and overturned statewide candidate campaigns as previously held House seat, this time as the tax increase legislation. Key well as signature gathering efforts and a Republican. During the 1999 session, partners with Mannix were Jason ballot measure committees from 1994 he worked forpassage of seven referrals Williams of Taxpayers Association of through 2008 are summarized (in the containing different provisions of Oregon and Russ Walker of Oregon full report). Measure 40 and designed to avoid Citizens for a Sound Economy, now Armatta challenges. These referrals called Freedom Works. The top donor is Loren Parks became Measures 69 through 75 and whose contributions over time total were on the ballot in a November 1999 Mannix's major political activity in $4,050,873. Kevin Mannix's law firm special election. Four of these measures 2006 was making another gubernatorial is also a major supporter, primarily won and three lost. Another attempt to attempt. He was defeated in the May in the form of in-kind contributions. regulate obscenity, Measure 31, lost. Republican primary by who ran to the right of his moderate stances Kevin Mannix returned to statewide in his 2002 primary while garnering MIXING POLITICS AND candidate politics with an unsuccessful support from party members concerned BUSINESS run against Hardy Myers for attorney that Mannix would lose again with general in 2000. Both Mannix and general election voters. Common Sense for Oregon Non­ Myers ran unopposed in their respective was also in the race. Mannix tried to Profits and PAC and Voice for the party primary races and then faced off downplay his anti-abortion stand and Electorate, LLC against each other in the November opposition to Oregon's assisted suicide general election. law. Nevertheless, Oregon Right to Kevin Mannix is a partner with Russ Life endorsed Mannix in the primary Walker and Ross Day in fouraff iliated Making a third attempt at statewide even though Atkinson was pushing organizations. Two are political non­ office, Kevin Mannix ran against Ted his anti-abortion credentials. Saxton profits, one is a political committee, Kulongoski for Governor in 2002. In won the primary but was defeated by and one is a for-profit signature the Republican primary, Mannix beat Kulongoski. gathering company. Ron Saxton and Jack Roberts. Mannix's major political patron, Loren Parks, In May 2008, defeated In September of 2008, Ross Day only made campaign contributions, Mannix in the Republican primary for formed Common Sense for Oregon however, afterMann ix's primaryvictory. the U.S. 5th Congressional seat being PAC. Kevin Mannix became a director defeatedMannix in the vacated by . Campaign of this political committee in April November general election, indicating contributions in that race are not 2009. The Common Sense for Oregon that Mannix's history of attempting to included in this analysis given this Foundation and Common Sense for portray himself as more of a populist report's focus on Mannix's statewide Oregon, Inc. were formed in January than a social conservative wasn't political efforts. of 2009 with Kevin Mannix as their convincing to voters. registered agent. Both of these groups Kevin Mannix worked to qualify are organized under IRS tax-exempt In 2003, as head of the Oregon Measures 61 (tough-on-crime rules. The Common Sense forOregon Republican Party, Kevin Mannix mandatory minimums) and 62 to foundation is a 501 (c) 3 organization joined with others to speak out against the November 2008 ballot and raised that can accept tax deductible a legislative referral with tax increases money in support of these measures contributions and may support or that became Measure 28 on a special and to oppose the legislative referral, oppose ballot measures, with some election ballot in February. Measure 28 Measure 57, designed to be an limits, but may not be involved in failedwith the voters. alternative to Measure 61. Both the candidate elections. Common Sense Mannix measures lost and Measure 57 for Oregon, Inc. is a 501 (c )4 whose Kevin Mannix opposed a bipartisan was enacted. contributions are not tax-deductible. bill that ended legislative gridlock A 501 (c) 4 group may be involved in

JUSTICE MATTERS SUMMER 2010 18 WWW.SAFE'IYANDJUSTICE.0RG Just Who is Kevin Mannix, Anyway?

ballot measures without any limit and Oregon Anti-Crime Alliance Non­ Kevin Mannix is the registered agent can work for or against candidates as Profits and PAC for Oregon Anti-Crime Alliance, long as that is not the group's primary Inc., a 501 (c) 4 group and a 501 (c) activity, typically advised to be less Kevin Mannix opened the Oregon Anti­ 3, the Oregon Anti-Crime Alliance than 50 percent. Crime Alliance PAC in July of 2008 Foundation. Both were formed in June and supported Measures 61 and 62 and of 2008. Press reports about the Common Sense for Oregon partnership identified The 2007 tax reports of the Parks Russ Walker, Oregon director of "A n August 2002 Oregonian Foundation and Parks Educational FreedomWo rks, as a partner with Kevin Fund shows grants totaling $395,000 Mannix and Ross Day in forming a for­ article identifieda to the Oregon Anti-Crime Alliance profit (initiative) petition circulation Foundation. These Parks foundations firm called Voice of the Electorate legal but questionable are controlled by Loren Parks and their or VOTE, LLC. Ross Day is chief reports cover activities from September executive of the signature-gathering flowof money to Kevin 2007 through August of 2008. firm,as well as the two Common Sense for Oregon nonprofits, and works in Mannix's law firm from Mannix Foundations an office donated by Kevin Mannix "Boon to His Law Firm" that is next to the Mannix law firm two foundations that in Salem. As is allowed under tax law, An August 2002 Oregonian article Ross Day declined to reveal donors to operated primarily identified a legal but questionable flow the Common Sense for Oregon non­ of money to Kevin Mannix's law firm profits but did indicate hope that his under his control. These from two foundations that operated partnership efforts with Kevin Mannix primarily under his control. These and Russ Walker would attract major foundations, in turn, foundations, in turn, received the conservative donors, including Loren bulk of their support from the Parks Parks. received the bulk of their Foundation controlled by frequent Mannix political donor Loren Parks. One concern about the same group of support from the Parks partners adding a for-profit petition Mannix formed the Civil Justice circulation firm to the Common Sense Foundation controlled by Foundation and Criminal Justice for Oregon non-profits and political Foundation in January 1998 and closed committee is the potential forbusiness frequent Mannix political them in 2003. He served as executive interests as much or more than policy secretary, handling all bookkeeping interests driving the use of the ballot donor Loren Parks (who for both foundations. Analysis by the measure process. It is very common Oregonian in 2002 indicated at least for organizations at either end of the contributed over $4 $327,000 went from these foundations political spectrum to have a PAC and to Mannix's law firm and an associated both 501 ( c) 3 and ( c )4 groups. It is less million to Mannix between business, PSA Services. Mannix says common forthe leaders of these groups he recommended what projects the to also form a for-profit arm such as 1994 and 2008):' foundations would fund and bids from the Voice of the Electorate signature other firms weren't sought. He began gathering company. Unfortunately, Bill ~ Janice Thompson receiving foundation support during Sizemore is the best previous example a period when his firm, according to a of a player in Oregon ballot measure formerpartner, was $217,000 in debt. politics adding a for-profit petition opposed Measure 57, the legislatively company to the typical trio of political referred alternative to Measure 61. Reporting by the Oregonian in 2006 committee and political non-profits, The top donor to Oregon Anti-Crime indicated that an additional $112,000 and his abusive use of the initiative Alliance PAC was Loren Parks who gave went from the Civil and Criminal process raises concerns about this $600,000 directly and another $75,000 Justice Foundations to Kevin Mannix's business model. from Parks Medical Electronics. law firm in 2002. In all, $838,000 was

JUSTICE MAffERS SUMMER 2010 19 WWW.SAFETYANDJUSTICE.0RG �SAfETYmJ A Place fo r a Fresh Start I JUSTICE======(Just Who Is Kevin Mannix, Anyway? Cont'd.) By Denise We lch and stereotypes and embrace a "not in my backyard" perspective, which leads to reported to have been paid to Mannix here are over 14,000 people organized resistance. The implications of personally, his law firm, or affiliated in prison in Oregon today, up this intolerance are severe. As it becomes business by these foundations or from around 3,000 in 1980. harder and harder to house formerly political committees controlled by The astronomical growth of incarcerated people, society forcespeople Mannix. Tincarceration in Oregon (indeed, in all to become homeless. The instability and of the U.S.) over the past 30 years has severity of being homeless encourages a created a wide range of social challenges, return to addiction and crime, negatively not least of which is how to successfully affectingpublic safety. Post script by David Rogers respond to formerly incarcerated people upon their re-entry into the community. One transition program in Oregon that Wow, did you follow all that? I Formerly incarcerated people face being is doing incredible work is Sponsors. , , dont blame you if you didn t. stigmatized and stereotyped and are For over 35 years Sponsors has been Kevin Mannix has been busily challenged by a range of laws and policies providing reentry services to men and engaged in a complicated array that make it more difficult to become women in Lane County. Approximately of political activity. Between his active and productive citizens. 35 percent of the people being released serious anti-tax activism and his from prison to Lane County, around 350 expensive and ill-advised tough­ Approximately 95 percent of the people a year, are fortunateto findthe door open on-crime measures, Mannix has in prison will be released one day; that's to them at Sponsors. Sponsors' clients wreaked havoc on the state's about 5,000 people annually in Oregon. often arrive at their doorsteps homeless, , budget and Oregons ability to Most of them will find that transition wearing prison-issued sweats, with little support the kind of services back into the community is challenging. more than a plastic bag full of their and programs that truly build One of their biggest challenges will be the belongings and a bus ticket to Eugene. safe and healthy communities. question of where to live. Approximately But their stories don't end there. After five election losses as a half of the people leaving prison in candidate, it may be safe to say Oregon do not have stable housing. > that it is unlikely we will see Sponsors Beginning him run for office again. That Housing is a critical factor for successful said, it is also clear that Mannix re-entry, yet stable housing is incredibly Founded in 1973 by Sister Janice Jackson will be focusing on his Oregon hard to come by. Oregon law outlines in cooperation with a group of Catholic Anti-Crime Alliance, promoting clear protections for certain groups of nuns and community activists in Eugene, problematic ballot measures, individuals accessing housing in the Sponsors' original program, which lasted and moving Loren Parks money private market, but the law provides until 1985 when Sister Janice retired, to conservative candidates in no protection for persons with felony involved sending community volunteers an attempt to remain politically convictions. It is at the discretion of into Oregon State Correctional Institution active. private landlords and property managers (OSCI) where they would meet inmates to rent or not rent to people with felony who were being released to Lane County We encourage you to check records, except for some out not only A Political History persons with disabilities. of Kevin Mannix available on Public attitudes are the website of Common Cause a growing barrier to Reducing recidivism by one percentage Oregon ( www.commoncause. addressing the lack of point for one year saves over $2 million in org), but similar reports written transitional housing. correction costs. by Janice Thompson - Loren Parks: Oregon's$13 Million Dollar Even as community-based Cost of Prison in Oregon: $85 per day Man, and A Political History of organizations successfully Cost of Jail (in LaneCounty) : $164 per day Russ Walker and Freedom Wo rks. develop the resources Cost of Sponsors! $25 per day and plans to create re­ entry housing, local Source:Sp onsors, Inc. residents give in to fear

JUSTICE MATTERS SUMMER 2010 20 WWW.SAFE1YANDJUSTICE.ORG A Place for a Fresh Start

within the next 18 months. At the time, OSCI for employment. In addition, there is County. Given the lack of suitable housing housed young and first-timeoff enders. The an Honors Program for men who have forsex offenders, Sponsors plays a critical community volunteers would "sponsor" successfully completed the basic program role. For many clients, Sponsors is the only the prisoner on release, assisting them with and express interest in remaining in a less­ alternative to the streets. finding shelter, employment, and helping structured environment forup to one year. with social readjustment. After hiring Clients are referredby Lane County Parole Ron Chase as Executive Director in 1988, Wo men's Transition Program and Probation or have completed Sponsors Sponsors began providing housing with Men's Transitional Program. Clients can five transitional beds. Similar to the men's program, the women's stay for up to two years and rents range program also has clients who have a from $200 (shared rooms) to $300 (single Sponsors' program is based on the belief child living with them. In addition to rooms) a month. Clients need to be that people can and do change and that a the transition assistance outlined above, working or have some form of verifiable strategic intervention at the appropriate women clients receive structure and income. Most are engaged in sex offender moment can serve as a catalyst in that support to address complex issues such treatment. The building is staffed by a full change. The program holds participants as domestic violence, loss of children and time resident manager. highly accountable for their behavior, trauma. There is also a women's Honors requiring all participants to work or go to Program. Ferry Street Quads school. As many of the offenses committed by participants were alcohol or drug-related, In October 2005, with significanthelp from Sponsors requires people in the program to "Sponsors makes a huge the City of Eugene and a major donation by abstain from drugs and alcohol and insures the previous owner, Sponsors purchased compliance through regularly scheduled difference in the lives of a 28-unit quad in the West University and random testing. They work closely neighborhood. Thishousing is designated with parole officers, treatment providers, many people, and at the as alcohol and drug free-housing under and a myriad of collateral agencies which Oregon law and is available to men (26 provide appropriate services. Sponsors has same time, makes our units) who have successfully completed also developed positive relationships with Sponsors' basic program or who have been numerous local employers and property community a safer place to referred by their parole officer. The goal managers to further help people transition of this housing is to provide tenants with more smoothly. live" ~ Paul Solomon clean, safe and affordable housing as well as an opportunity to rebuild their credit and rental histories. Sponsors' Programs Success through Educational Achievement

To be eligible for Sponsors, a person must This program, which began in February Roosevelt Crossing be on parole, post-prison supervision, of 2004, is designed to assist participants or supervised probation in Lane County, in acquiring a college degree. The With the opening of their new facility on Oregon. There are some specific crime program provides housing equipped Highway 99 and Roosevelt Boulevard in exclusions and each applicant is carefully with computers and internet access, case Eugene this summer, Sponsors now has screened before acceptance. There are five management services, and tutors where 128 beds in nine buildings. The $6 million programs: appropriate. There is also a rent subsidy dollar (fully funded) project includes 44 component which helps to keep participants units of housing that can house up to 72 Men's Transition Program engaged after they leave Sponsors housing. men in two residential buildings, including four fully accessible units for people with Services in the basic program Sex Offender Program disabilities. Each floor has five two-bed include case management for each rooms with its own bathroom and a shared participant; transitional housing; assistance Sponsors' Sex Offender Program now living room and kitchen. Other amenities obtaining employment and permanent houses 10 men with sex offense convictions include a weight room, a recreation room, housing upon completion of the program; and has been in operation since 2004. The laundry room, basketball court and a and assistance obtaining identification and program was driven by the need to provide raised-bed gardening area so residents can in obtaining the clothing and tools required additional housing to sex offenders in Lane grow their own food.

JUSTICE MATIERS SUMMER 2010 21 WWW.SAFE'IYANDJUSTICE.0RG �SAf ETYmJ A Place for a Fresh Start I JUSTICE======The program has been recognized several times for the quality of services which •it provides. In 1992, the Oregon Housing and Community Services Agency recognized Sponsors with its non-profit "Excellence in Community Services" award. In 1995, Sponsors was selected by the Oregon Department of Corrections as its Outstanding Private Contractor of the Year. In 2005, Sponsors was presented with the "2005 Award of Merit" by the Oregon Coalition of Housing & Homelessness at its statewide conference, cited formaking a "significant contribution in increasing and providing services to the homeless:•

Supporting the successful re-entry of formerly incarcerated people reduces recidivism, increases public safety and helps lower the skyrocketing cost of Roosevelt Crossing incarceration. The Sponsors program Sponsors' goal was to build something to purchased this property, it was nothing is a shining example of what can be contradict the drab, dull, environment more than a grassy field on a small lot accomplished with the right resources of prison. When people go to prison, with a few trees. There were transients and support. The success of their program they are often defined by the mistakes camped out on the back of the lot, who proves that people can and do change their they have made, and labeled with a had broken into V&E Tires next door lives for the better when given a chance. number. Sponsors wanted their new and were tapped into their electricity. This benefits all Oregonians as formerly facilityto communicate the message that After we asked them to leave, we picked incarcerated people become productive everybody who comes here is deserving up buckets full of syringes. This property neighbors and citizens. Sponsors is also an of another chance and a decent place to was being used for no good purpose. excellent example of how shifting public live. Roosevelt Crossing is bright and Today I see a complex that will make safetyresources toward rehabilitation and vibrant as well as attractive, durable and a huge difference in the lives of many increased support systems forre-entry is functional. people, and at the same time, make our an effectiveuse of taxpayer dollars. It is a community a safer place to live." great program and its expansion means In addition to the transition housing, even more returning prisoners will have an administrative services building Success an opportunity fora fresh start. will house Sponsors staff and provide conference rooms foroutside groups (12- Sponsors is a re-entry program that works! step meetings, etc.) and future on-site For the past 20 years, approximately programming ( cognitive skills, parenting, 70% of their clients have successfully and financial management classes). completed the program. Successfu l A 4,300 sq. ft . warehouse will provide completion means clients have: S1>9t11on, writeto them. Id338 expanded space for donations ( clothing, furniture, and household goods for ► Passed all drug and alcohol screens llipway 99 North, Eugene, clients) and among the "green" touches of ► Found and maintained full-time the project are a well forirrigation and a employment and/ or schooling 0,..,,. 91402 or vl6lt their unique, grant funded, solar-thermal hot ► Secured permanent, sustainable water heating system. housing At the dedication - ceremony for the ► Maintained compliance with the new facility in July, Executive Director conditions of their release. Designee Paul Solomon said, "When we

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Staff David Rogers, Executive Director Shannon Wight, Associate Director . Partnershipfo r safety and Justice Patty Katz, Beyond Barriers Program Director PO Box 4()085 Kerry Naughton, Crime Survivors Program Director PcM1fand1OR 97240 (aylor Roling, Prison Program Director (503) 335-8449 Lindy Walsh, Administrative Director l�andjustice.� Denise Welch, Communications & Development Associate www�usttce.org Erika Spaet, JVC Intern Caitrin Coccoma, NC Intern Brandy Sears, Administrative Intern Tammy WIikins, Intern To m Curtis, Intern

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Partnership forSafety and Justice (PSJ) unites people convicted of crime, survivors of crime, and the famlfles of both to redirect policies from an over-reliance on incarceration to effectivestrategies that reduce violence and tnaease safety. We are a 501 (c)(3) organization.