Bill Text: OR SJR3 | 2011 | Regular Session | Engrossed

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Bill Title: Proposing amendment to Oregon Constitution relating to the power to advance the release date of a prisoner who is severely ill or elderly and permanently incapacitated.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SJR3 Detail]

Download: Oregon-2011-SJR3-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 701

                           A-Engrossed

                    Senate Joint Resolution 3
                 Ordered by the Senate April 29
           Including Senate Amendments dated April 29

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber
  for Department of Corrections)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Proposes amendment to Oregon Constitution authorizing State
Board of Parole and Post-Prison Supervision to advance release
date of prisoner who is severely ill or elderly and permanently
incapacitated.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. Section 44, Article I of the Constitution of the
State of Oregon, is amended to read:
   { +  Sec. 44. + } (1)(a) A term of imprisonment imposed by a
judge in open court may not be set aside or otherwise not carried
out, except as authorized by the sentencing court or through the
subsequent exercise of:
  (A) The power of the Governor to grant reprieves, commutations
and pardons;   { - or - }
  (B) Judicial authority to grant appellate or post-conviction
relief  { - . - }  { + ; or
  (C) The power of the state board of parole and post-prison
supervision to advance the release date of a prisoner who is
suffering from a severe medical condition, including terminal
illness, that has caused substantial physical or cognitive
impairment or incapacity for which there is no reasonable
expectation of significant improvement, or who is elderly and is
permanently incapacitated in such a manner that the prisoner is
unable to move from place to place without the assistance of
another person. + }
  (b) No law shall limit a court's authority to sentence a
criminal defendant consecutively for crimes against different
victims.
  (2) This section applies to all offenses committed on or after
 { - the effective date of this section - }  { +  December 2,
1999 + }.  Nothing in this section reduces a criminal defendant's
rights under the Constitution of the United States. Except as
otherwise specifically provided, this section supersedes any
conflicting section of this Constitution. Nothing in this section
creates any cause of action for compensation or damages nor may
this section be used to invalidate an accusatory instrument,
ruling of a court, conviction or adjudication or otherwise
suspend or terminate any criminal or juvenile delinquency
proceedings at any point after the case is commenced or on
appeal.
  (3) As used in this section, 'victim' means any person
determined by the prosecuting attorney to have suffered direct
financial, psychological or physical harm as a result of a crime
and, in the case of a victim who is a minor, the legal guardian
of the minor. In the event no person has been determined to be a
victim of the crime, the people of Oregon, represented by the
prosecuting attorney, are considered to be the victims. In no
event is it intended that the criminal defendant be considered
the victim.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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