Felony Sentencing in Oregon 1994
155 Cottage Street NE Salem, Oregon 97310 (503)378-2053 prepared by Ed Deery, Research Analyst published June 11,1997
Table of Contents Executive Summary...5 Offenses...5 Sentencing Practice...5 Historic Comparisons, 1986-1994...6 Demographics...7 Guidelines Application...8 Special Topics...9 Introduction... 11 Purpose... 11 Data Sources... 11 Data Limitations... 11 Notes... 12 Acknowledgements... 12 Offenses... 13 Offenders by Crime Type... 14 Offenders by Crime... 15 Offenders by Statute... 16 Crime Type by County... 19 Sentencing Practice... 21 Sentence Type by Crime Type: Summary... 22 Sentence Type by Statute: Summary... 23 Sentence Type by Statute: Detail... 24 Prison Sentences: Summary... 28 Prison Sentences: Detail... 29 Probation Sentences: Summary... 32 Probation Sentences: Detail... 33 Treatment as Condition of Probation... 36 Treatment: Summary... 36 Treatment: Detail... 37 Future Capacity Implications... 39 Prison Capacity... 39 Prison Capacity Demands by Crime Type... 39 Prison Capacity Requirements by Statute... 40 Probation Caseload Impact... 41 Future Probation Caseload by Crime Type... 41 Future Probation Caseload by Statute... 42 Historic Comparisons, 1986-1994... 43 Offenses... 44 Number of Offenders by Crime Type... 44 Proportion of Offenders by Crime Type... 45 Number of Offenders by Crime... 46 Proportion of Offenders by Crime... 47 1
Table of Contents Sentencing... 48 Sentence Dispositions... 48 Imprisonment Rate... 49 Prison Time Served by Crime... 50 Probation Sentence Length... 51 Offender Demographics: Age... 52 Offender Demographics: Gender... 53 Proportion of Offenders by Gender... 53 Offenders by Gender and Crime Type... 54 Proportion of Offenders by Gender and Crime Type... 55 Offender Demographics: Race... 56 Trial Rate... 57 Demographics... 59 Age... 60 Age at Sentencing... 60 Age and Crime Type... 61 Age and Crime... 62 Age and Crime Seriousness... 63 Age and Criminal History... 64 Average Age by Grid Block... 65 Gender... 66 Gender Proportion of Offenders... 66 Gender and Crime Type... 67 Gender and Crime... 68 Gender and Crime Seriousness... 69 Gender and Criminal History... 70 Race... 71 Racial Composition of Offenders and State Population... 72 Race and Crime Type... 73 Race and Crime... 74 Race and Crime Seriousness... 75 Race and Criminal History... 76 Race and Gender... 77 Race and Dispositional Departures... 78 Race and Optional Probation... 79 Guidelines Application... 81 Number of Offenders... 82 Number of Offenders by Criminal History... 82 Number of Offenders by Crime Seriousness... 83 Number of Offenders by Crime and Crime Seriousness... 84 Number of Offenders by Grid Block... 86 Imprisonment Rate and Grid Block... 87 Departure Sentences... 88 Departure Rates and Criminal History... 89 Departure Rates and Crime Seriousness... 90 Departure Rates and Crime Type... 91 Departure Rates and Crime... 92 Upward Departure Aggravating Factors... 93 Downward Departure Mitigating Factors... 94 2
Table of Contents Special Topics... 95 Drug Offenders... 96 Drug Offender Sentence Type... 96 Drug Offender Sentence Length... 97 Drug Offender Crime Seriousness Categories... 98 Use of Optional Probation for Drug Offenders... 99 Drug Offenders by County... 100 Motor Vehicle Theft... 101 Motor Vehicle Theft Offenders by County: Summary... 101 Motor Vehicle Theft Offenders by County: Detail... 102 Motor Vehicle Theft Offender Age... 103 Criminal History... 104 Prior Motor Vehicle Theft Convictions... 105 Sentence Type and Prior Convictions... 106 Average Incarceration... 107 Sex Offenders... 108 Sex Offenders by Age and Offense... 108 Sex Offenders by Race and Offense... 109 Sex Offender Sentence Type by Offense... 110 Sex Offender Dispositional Departures... 111 Sex Offender Prison Durational Departures... 112 Use of Treatment Programs for Sex Offenders... 113 Homicide... 114 Homicide Sentences... 114 Homicide Sentences -- Special Provisions... 114 Homicide Offender Criminal History... 115 Homicide Trials and Pleas... 116 Homicide Offender Demographics: Age... 117 Homicide Offender Demographics: Race... 118 Homicide Offender Demographics: Gender... 119 Ballot Measure 11... 120 Ballot Measure 11 Sentences: Summary... 121 Ballot Measure 11 Sentences: Detail... 122 Ballot Measure 11 Sentences and Criminal History... 123 Appendices... 125 Appendix A: The... 125 Overview... 125 Statutory Powers and Duties... 126 Appendix B: Sentencing Guidelines Overview... 127 History of Oregon s Felony Sentencing Guidelines... 127 How Sentencing Guidelines Work... 129 Crime Seriousness Categories... 130 Criminal History Scores... 132 Glossary of Sentencing Guidelines Terminology... 133 Sentencing Guidelines Grid... 135 Appendix C: Offense Groupings Used in this Report... 136 Crime Type... 136 Crime... 140 3
Table of Contents 4
Executive Summary This summary provides highlights of the information contained in this document. Refer to the page numbers indicated for full coverage of each topic. This report provides a detailed statistical summary of felony sentencing in Oregon courts during 1994. Cases processed through tribal, federal and juvenile courts are not subject to sentencing guidelines, so they are not included in the study. This report also compares felony sentences imposed in 1986 and 1994. The 1986 data are from a comprehensive study of 1986 felony sentencing practices that the Criminal Justice Council published in 1988, just prior to legislative adoption of sentencing guidelines in 1989. Comparing data from these two years illustrates the changes in offender characteristics occurring over time as well as the effect of the policies inherent in sentencing guidelines. See Appendix B for more information about the sentencing guidelines. Circuit courts submit a Felony Guidelines Sentencing Report to the Commission for each felony offender sentenced under sentencing guidelines. Sentencing reports are sorted for year based on date of sentencing, not on the date of the offense. The unit of analysis is the offender, not the offense. Where an offender is convicted of multiple offenses, sentencing data for the separate offenses are combined. The analyses in this report treat the total sentence for all of an offender s convictions as the sentence for the most serious offense. Sentencing guidelines set presumptive sentences for convicted felons based on the seriousness of the crime of conviction and the offender s criminal history. The presumptive guidelines sentence is intended to apply to most offenders. Judges retain the discretion, however, to impose sentences that are more or less severe by stating on the record the substantial and compelling reasons for the departure from the presumptive sentence. The following summarizes sentences of the 14,038 offenders (after weighting for non-reporting counties) sentenced under the guidelines in 1994. Some detail totals may vary from grand total due to incomplete information on some reports. Offenses Type of Crime and Offense of Conviction In 1994, 39 percent of all offenders were convicted of drug offenses as their most serious offense, most frequently drug possession (25 percent of all offenders)... 14 Twenty-eight percent of offenders were convicted of property offenses. Theft-related offenses (including motor vehicle theft) were the most common (14 percent)....14-15 Fifteen percent of offenders were convicted of person offenses as their most serious offense. Of these, assault was most common (four percent)...14-15 Driving While Revoked was the second most common felony offense in 1994 (nine percent).... 16 5
Executive Summary Sentencing Practice Type of Sentence Person offenses were most likely to result in a prison sentence. Among offenders convicted of person offenses as their most serious offense, 48 percent were sentenced to prison... 22 The lowest percentage of prison sentences resulted from driving offenses (seven percent).... 22 Nineteen percent of offenders convicted of property offenses as their most serious offense were sentenced to prison.... 22 Eighteen percent of those convicted of drug offenses received prison sentences. In actual numbers, more offenders went to prison for drug offenses than for any other type of offense....22-23 Among the 10 most common offenses, Burglary I and Sexual Abuse I were most likely to result in a prison sentence... 24 Probation Conditions Where a probation sentence was imposed, jail often was included as a probation condition. Among drug offenders, 64 percent were sentenced to jail for an average of 32 days; sixty-seven percent of those sentenced to probation for Burglary I were sentenced to jail for an average of 69 days... 32 Among offenders convicted of Sexual Abuse I and sentenced to probation, 85 percent were ordered to complete treatment as a condition of the probation, most commonly sex offender treatment and alcohol treatment. Seventy-one percent of drug offenders sentenced to probation were ordered to complete treatment...36-37 Future Capacity Implications As a category, person offenses will place the greatest demand on future prison capacity. Among individual offenses, drug offenses and convictions for Burglary in the First Degree will account for the greatest demand for future bed years...39-40 Among the categories, drug offenses will create the greatest future supervision caseload, followed by property offenses.... 41 Historic Comparisons, 1986-1994 Offenders by Crime Type In 1986, the largest number of convictions were for property offenses (43.1 percent). Drug offenses were a distant second at 19.2 percent. By 1994, drug offenses were most common (39.3 percent) followed by property offenses (27.6 percent).... 45 Sentence Dispositions Between 1986 and 1994, the proportion of offenders receiving prison sentences increased from 18 percent to 22 percent. While the imprisonment rate for many property offenses decreased somewhat, the proportion of offenders imprisoned for person offenses increased dramatically.... 48 Length of stay for all offenses combined increased from 21.3 months in 1986 to 25.0 months in 1994. Prison lengths of stay for non-person offenses decreased somewhat between 1986 and 1994, and increased for person offenses.... 50 6
Executive Summary Offenders sentenced to jail as a condition of probation increased from 31 percent to 45 percent of all offenders, while those sentenced to probation only decreased from 49 percent to 31 percent.... 48 In 1986, the largest group of offenders sentenced to probation received five year terms of supervision (39.8 percent). By 1994, lengths of probation supervision had decreased overall with the largest number receiving terms of 18 to 23 months (46.7 percent).... 51 Offender Demographics: Age The proportion of offenders in the 20-29 age group decreased from 1986 to 1994, while the proportion in the 18-19 and the 30+ year old categories increased. In both 1986 and 1994 offenders in the 20-24 age group accounted for the largest number of convictions.... 52 Offender Demographics: Gender The proportion of female offenders increased from 14 percent in 1986 to 17 percent in 1994... 53 In 1986, both males and females were most often convicted of property offenses. By 1994, both males and females were most often convicted of drug offenses, with property offenses the second most frequent category of conviction...54-55 Offender Demographics: Race Whites represented the largest number of overall offenders in 1986 and 1994, while Asians represented the lowest number each year. The number of Hispanics increased at the highest rate, while the number of Native Americans increased at the lowest rate.... 56 Trial Rate The overall trial rate decreased from 10 percent to eight percent from 1986 to 1994. Trial rates for property and driving offenses decreased, while trial rates for person offenses increased. Trial rates for drug offenses remained stable at 10 percent... 57 Demographics Age In 1994, the largest number of sentenced offenders were concentrated in the 20-24 age group (22.7 percent). Over half (52.3 percent) were under age 30. Less than 10 percent were older than 45 years... 60 The average age for all offenders sentenced in 1994 was 29.5 years. Homicide offenders were youngest at 25.6 years, while driving offenders were slightly older at 31.4 years. Sex offenders were the oldest....61-62 Murderers tended to be younger than the average felon, but there is little apparent relationship between age and crime seriousness. Overall, those in the less serious criminal history categories tend to be slightly younger than those in the most serious criminal history categories.... 63 Gender Female offenders accounted for less than one-fifth of offenders overall and tended to have less serious criminal histories than males...66-70 The proportion of females varied among the racial groups. The proportion of female offenders was lower among Native Americans (four percent) and higher among Blacks (30 percent).... 77 7
Executive Summary Sixty-five percent of female offenders were convicted of offenses in the three lowest crime seriousness categories. Drug offenses accounted for 50 percent of the convictions among female offenders...67-69 Race When comparing proportion of offenders to state population, Whites and Asians were under represented among offenders, while Blacks, Native Americans and Hispanics were over represented... 72 When comparing the proportions of different racial groups in various criminal history categories to their proportion of all offenders, Blacks and Native Americans were over represented in the most serious criminal history categories A through C....76 Drug offenses accounted for almost half of the convictions among Blacks and more than two-thirds for Hispanics. Property offenses were the most common offense type among Asians.... 73 Blacks, Native Americans and Hispanics received upward dispositional departures at higher rates than Whites. The rate of downward dispositional departures was low among all racial groups.... 78 Among eligible White offenders, 76 percent were sentenced to optional probation. Fifty-seven percent of eligible Blacks and 33 percent of eligible Hispanics were sentenced to optional probation.79 Guidelines Application Number of Offenders Fifty-eight percent of offenders were concentrated in the lowest criminal history categories G, H and I. Seventeen percent of offenders were in the more serious criminal history categories that include one or more prior person felonies, while 40 percent had no prior felonies... 82 More than half of the offenders were sentenced for offenses in the three least serious crime categories. Less than four percent were in the three most serious categories. The largest single concentration of offenders was in crime category one, followed by crime category six... 83 Imprisonment Rate Offenders with more serious crimes and more serious criminal histories were more likely to be sent to prison. All offenders in gridblock 10-A were sentenced to prison, whereas one percent of offenders in gridblock 1-I were sentenced to prison.... 87 Departure Sentences Departure sentences are imposed in about one-fourth of all cases. Upward departures occur twice as often as downward departures.... 89 Upward dispositional departures were most prevalent for offenders in criminal history categories A and E. These are the offenders with multiple prior convictions for person (A) or non-person (E) offenses... 89 The highest rate of upward dispositional departures were in crime seriousness category three and were for property offenses. The highest rate of upward durational departures were in crime seriousness categories 10 and 11 and were for person offenses... 90 The aggravating factor most frequently cited in support of upward departures was persistent involvement in similar offenses. The specific mitigating factor most frequently cited in support of downward departures was offender cooperated with the state...93-94 8
Executive Summary Special Topics Drug Offenders Eighteen percent of drug offenders were sentenced to prison for an average of 11 months....96-97 Most drug possession offenses were classified in crime seriousness category one (93.9 percent). Most drug delivery/manufacturing offenses were classified in crime seriousness categories four (26.7 percent), six (46.0 percent) and eight (25.6 percent).... 98 Motor Vehicle Theft Multnomah County had the largest number of offenders convicted of motor vehicle theft, both in actual numbers and relative to its population.... 101-102 Seventy-three percent of motor vehicle theft offenders had no prior motor vehicle theft convictions.105 Eighty-three percent of motor vehicle theft offenders had no prior convictions for person felonies. Thirty-six percent had two or more prior convictions for non person felonies... 104 Offenders with prior motor vehicle theft convictions were more likely to be sentenced to prison, and the likelihood increased as the number of priors increased. Twelve percent of motor vehicle theft offenders with no such priors were sentenced to prison; 71 percent of offenders with three prior motor vehicle theft convictions were sentenced to prison.... 106 The length of jail or prison sentences for motor vehicle offenders increased as the number of priors increased. Motor vehicle offenders with no motor vehicle theft priors were incarcerated for an average of 1.6 months; motor vehicle theft offenders with three such priors were incarcerated for an average of 6.2 months... 107 Sex Offenders Sex offenders tend to be older (34.3 years) than felony offenders overall (29.5 years). Those convicted of Sexual Abuse I were oldest at 37.9 years and those convicted of Rape III were youngest at 24.6 years.... 108 Among the sexual offenses, convictions for Rape I and Sodomy I most often resulted in prison sentences (84 percent). Convictions for Rape III and Sodomy III most often resulted in probation sentences (79 percent and 77 percent).... 110 Overall, eight percent of sex offenders received downward dispositional departures. Twenty percent of sex offenders whose presumptive sentence was prison received upward durational departures.111-112 Homicide All offenders sentenced for Murder and Manslaughter I in 1994 were sentenced to prison for average terms of 217 months and 82 months, respectively... 114 As with other offenses, homicide offenders were concentrated in the lower criminal history categories. Eighty-two percent had no prior person felony conviction.... 115 Murder was the most common offense of conviction among male homicide offenders (50 percent), whereas Manslaughter II was the most common offense of conviction among female homicide offenders (40 percent).... 119 Ballot Measure 11 Of the offenses sentenced in 1994 that will be subject to Measure 11 minimum sentences in the future, Sexual Abuse I was most common, followed by Assault II and Robbery I... 122 9
Executive Summary Sentence lengths under Measure 11 will increase most for those convicted of Murder.... 121 Offenders with the most serious criminal history will experience the lowest average increase in sentence length (23.1 month average increase in criminal history category A), while offenders with the least serious criminal history will have the greatest average increase (69.1 month average increase in criminal history category I)... 123 10
Introduction Purpose of this Document This report provides a detailed statistical analysis of felony sentencing in Oregon courts during 1994. Cases processed through tribal or federal courts are not subject to sentencing guidelines and are not included in the study. Juvenile felony adjudications also are not included. The Criminal Justice Commission is mandated by statute to serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on state and local sentencing practices. This document has been prepared in accordance with the Commission s mandate. Refer to Appendix A for more information about the Criminal Justice Commission. Data Sources Circuit courts submit a Felony Guidelines Sentencing Report to the Commission for each felony offender sentenced under sentencing guidelines, as provided for by ORS 137.010 (8) and OAR 213-13-001. These reports are the primary data source for this document. Sentencing reports are sorted for year based on date of sentencing, not on the date of the offense. The unit of analysis is the offender, not the offense. Where an offender is convicted of multiple offenses, sentencing data for the separate offenses are combined and reported under the most serious of the offenses. For example, an offender being sentenced for both delivery and possession of controlled substances would be analyzed on the basis of the delivery of controlled substances conviction. As part of its process to develop sentencing guidelines, the Criminal Justice Council published a study of Oregon felony sentencing practices titled Crime and Punishment in Oregon Courts: 1986 Felony Sentencing Practices. Published in November of 1988, that study is the source for 1986 data in the Historic Comparisons chapter. Data Limitations This report contains information about felony sentencing under Oregon s sentencing guidelines. Misdemeanors and other lesser offenses are not covered, nor are federal cases. Aggravated murder is not a guidelines offense, so it is not covered. Clackamas and Morrow counties did not submit sentencing reports during 1994. Where appropriate, totals have been adjusted to estimate the true statewide figure including non-reporting counties. The adjustment factor was based on data available from earlier years for the non-reporting counties. Use of this adjustment factor causes some rounding discrepancies in column totals. Not all sentencing reports are filled out completely. When data needed for a particular analysis are missing, records missing the item in question are omitted. For this reason, totals of some detailed breakouts do not equal the grand total of all offenders. For most analyses, inchoate offenses (attempts, conspiracies, and solicitations) are counted along with completed offenses. For some of the more detailed listings, inchoate and completed offenses 11
Introduction are counted separately. Unless otherwise noted in the accompanying narrative, inchoate offenses are counted with completed offenses. Less than three percent of 1994 offenders were convicted of inchoate offenses. See the Offenses chapter for more detail. Data are used as they were reported to the Criminal Justice Commission. We believe that the individuals responsible for reporting the data make a good faith effort to provide complete and accurate data. Nonetheless, clerical errors can occur. Notes In all graphs and tables, the unit of measure for prison sentences and probation is months. The unit of measure for jail sentences is days. Due to rounding, columns of percentages may not sum to exactly 100 percent. Many graphs and tables group related offenses together for purposes of analysis. The appendices include complete listings of the specific offenses included in each group. Most tables are sorted by decreasing number of offenders. Acknowledgements Tracey Cordes, David Factor, Randy Ireson, Phil Lemman, Craig Mosbaek, Kathryn Nichols and Stephen Willhite for reviewing the manuscript. Their knowledgeable perspectives contributed greatly to the quality of the final product. Judges, district attorneys, court clerks and other justice system practitioners for their cooperation in submitting sentencing report forms to the Commission. 12
Offenses This chapter examines the type, frequency, and geographic distribution of the various types of felony offenses sentenced during 1994. Overview In 1994, 39 percent of all offenders were convicted of drug offenses as their most serious offense, most frequently drug possession (25 percent of all offenders). Twenty-eight percent of offenders were convicted of property offenses. Theft (including motor vehicle theft) was the most common (14 percent). Fifteen percent of offenders were convicted of person offenses as their most serious offense. Of these, assault was most common (four percent). Driving While Revoked was the second most common felony offense in 1994 (nine percent). 13
Offenses Offenders by Crime Type The following display provides an overview of the number of offenders who were convicted of various types of felonies. The display groups specific offenses into the broad categories of Person (such as murder and assault), Property (such as theft), Driving (felony driving while revoked), Drug (possession, manufacture, distribution) and offenses (including bribery, securities fraud, felon in possession of a firearm, etc.) See Appendix C for a complete listing of the statutes included in each category. Offenders by Crime Type 6,000 5,000 4,000 3,000 2,000 1,000 0 Person Property Driving Drug Drug offenders comprised the largest number of offenders in 1994, with 39 percent of offenders convicted of drug offenses as their most serious offense. Property offenses were second with 27 percent, while person offenses were third with 15 percent. Offenders by Crime Type Crime Type Offenders* % Person 2,048 15% Property 3,879 28% Driving 1,347 10% Drug 5,519 39% 1,244 9% Total 14,038 100% * Note: adjusted for non-reporting counties. 14
Offenses Offenders by Crime To provide more detail about crimes of conviction, this display groups related offenses together. Completed offenses and inchoate offenses (attempts, solicitations, conspiracies) are counted together. See Appendix C for a complete listing of the statutes included in each category. Offenders by Crime 4,000 3,000 2,000 1,000 0 Drugs--Possess Theft/MV Theft Drug Man/Del Driving Burglary Forgery/Fraud Assault Robbery Sex Rape/Sodomy Person Property Homicide Arson More offenders were convicted of drug possession than any other offense. Theft and motor vehicle theft were the second most common, with drug manufacturing and delivery a close third. Offenders by Crime Crime Offenders* % Cume % Drugs--Possess 3,538 25% 25% Theft/MV Theft 1,988 14% 39% Drug Man/Del 1,940 14% 53% Driving 1,351 10% 63% Burglary 1,278 9% 72% Forgery/Fraud 633 5% 76% Assault 527 4% 80% Robbery 394 3% 83% Sex 324 2% 85% Rape/Sodomy 311 2% 88% Person 253 2% 89% Property 148 1% 90% Homicide 105 1% 91% Arson 42 0% 91% 1,205 9% 100% * Note: adjusted for non-reporting counties. 15
Offenses Offenders by Statute The following table shows the estimated total number of offenders by most serious offense. Completed and inchoate offenses are counted separately. Since Clackamas and Morrow Counties did not submit sentencing reports during 1994, the numbers compiled from other counties were weighted based on the non-reporting counties proportion of the state total for 1992 to arrive at the estimated total. Use of a weighting factor can result in rounding discrepancies in column totals and running totals. ORS Description Total % Cumulative Offenders* of Total % 475.992 Drug Manuf/Deliv/Poss 5,354 38.1% 38.1% 811.182 Driving While Revoked 1,270 9.0% 47.2% 164.055 Theft I 977 7.0% 54.1% 164.135 Unauth Use Vehicle 712 5.1% 59.2% 164.225 Burglary I 705 5.0% 64.2% 164.215 Burglary II 531 3.8% 68.0% 166.270 Felon Possess Firearm 409 2.9% 70.9% 165.013 Forgery I 388 2.8% 73.7% 162.205 Failure To Appear I 292 2.1% 75.8% 163.427 Sexual Abuse I 253 1.8% 77.6% 163.165 Assault III 235 1.7% 79.3% 819.300 Possess Stolen Vehicle 178 1.3% 80.5% 163.175 Assault II 164 1.2% 81.7% 164.365 Criminal Mischief I 148 1.1% 82.7% 164.395 Robbery III 146 1.0% 83.8% 164.415 Robbery I 134 1.0% 84.7% 411.630 Unlawful Obtain Public Asst 133 0.9% 85.7% 162.155 Escape II 131 0.9% 86.6% 164.405 Robbery II 105 0.8% 87.4% 163.405 Sodomy I 88 0.6% 88.0% 162.185 Supply Contraband 77 0.5% 88.5% 811.705 Fail Perform Duties Driver 77 0.5% 89.1% 164.057 Aggravated Theft I 76 0.5% 89.6% 166.220 Unlawful Use Weapon 75 0.5% 90.2% 163.205 Criminal Mistreatment I 71 0.5% 90.7% 166.272 Unlaw Poss Firearms/Silencer 68 0.5% 91.2% 163.355 Rape III 63 0.4% 91.6% 163.175 Attempt/Solicit Assault II 60 0.4% 92.0% 163.375 Rape I 60 0.4% 92.5% 475.992 Attempt/Solicit Drugs 59 0.4% 92.9% 163.425 Sexual Abuse II 41 0.3% 93.2% 411.840 Unlawful Use Of Food Stamps 40 0.3% 93.5% 167.212 Tamper w/drug Records 39 0.3% 93.7% 164.225 Attempt/Solicit Burglary I 37 0.3% 94.0% 163.115 Murder 35 0.2% 94.2% 475.992 Conspiracy Drugs 35 0.2% 94.5% 163.185 Assault I 34 0.2% 94.7% 164.325 Arson I 33 0.2% 95.0% 163.185 Attempt/Solicit Assault I 30 0.2% 95.2% 16
Offenses 163.235 Kidnapping I 30 0.2% 95.4% 165.022 Poss Forged Instr I 30 0.2% 95.6% 163.555 Criminal Nonsupport 27 0.2% 95.8% 163.427 Attempt/Solicit Sexual Abuse I 26 0.2% 96.0% 162.065 Perjury 21 0.1% 96.1% 163.395 Sodomy II 21 0.1% 96.3% 163.411 Sex Pen w/foreign Obj I 21 0.1% 96.4% 165.055 Fraud-Credit Card/$750+ 21 0.1% 96.6% 162.325 Hinder Prosecution 20 0.1% 96.7% 163.365 Rape II 20 0.1% 96.9% 163.115 Attempt/Solicit Murder 18 0.1% 97.0% 163.225 Kidnapping II 18 0.1% 97.1% 163.275 Coercion 17 0.1% 97.3% 475.999 Drugs 1000 ft School 17 0.1% 97.4% 163.118 Manslaughter I 16 0.1% 97.5% 163.125 Manslaughter II 15 0.1% 97.6% 163.547 Child Neglect I 15 0.1% 97.7% 166.275 Poss Weapon Prison Inmate 15 0.1% 97.8% 163.385 Sodomy III 14 0.1% 97.9% 164.055 Conspiracy Theft I 14 0.1% 98.0% 164.095 Theft by Deception 13 0.1% 98.1% 162.285 Tamper w/witness 12 0.1% 98.2% 163.145 Criminal Negl Homicide 11 0.1% 98.3% 165.013 Conspiracy Forgery I 11 0.1% 98.4% 167.012 Promote Prostitution 11 0.1% 98.4% 475.995 Del Cont Sub To Minor 11 0.1% 98.5% 161.450 Conspiracy To Commit Felony 10 0.1% 98.6% 163.245 Custodial Interf II 10 0.1% 98.6% 163.257 Custodial Interf I 9 0.1% 98.7% 163.375 Attempt/Solicit Rape I 9 0.1% 98.8% 164.315 Arson II 9 0.1% 98.8% 166.165 Intimidation I 9 0.1% 98.9% 163.225 Attempt/Solicit Kidnapping II 8 0.1% 98.9% 166.720 Racketeering 8 0.1% 99.0% 163.408 Sex Pen w/foreign Obj II 7 0.05% 99.05% 166.272 Attempt/Solicit Unlaw Poss Firearms/Silencer 7 0.05% 99.09% 166.382 Unlawful Possess Destruct Dev 7 0.05% 99.14% 164.085 Theft by Receiving 5 0.04% 99.18% 164.415 Attempt/Solicit Robbery I 5 0.04% 99.22% 165.065 Negotiating Bad Check 5 0.04% 99.26% 181.519 Prob Sex Off Fl Rpt Addr-Fel 5 0.04% 99.30% 161.450 Conspiracy Conspiracy To Commit Felony 4 0.03% 99.33% 162.185 Conspiracy Supply Contraband 4 0.03% 99.36% 163.095 Attempt/Solicit Aggravated Murder 4 0.03% 99.39% 163.115 Conspiracy Murder 4 0.03% 99.42% 163.175 Conspiracy Assault II 4 0.03% 99.45% 163.405 Attempt/Solicit Sodomy I 4 0.03% 99.48% 164.377 Computer Crime 4 0.03% 99.51% 163.525 Incest 3 0.02% 99.54% 164.075 Attempt/Solicit Theft By Extortion 3 0.02% 99.56% 17
Offenses 166.370 Poss Expl/Firearm Public Bldg 3 0.02% 99.58% 167.017 Compel Prostitution 3 0.02% 99.61% 811.185 Habitual Offender 3 0.02% 99.63% 162.025 Bribe-Receiving 2 0.02% 99.64% 163.235 Attempt/Solicit Kidnapping I 2 0.02% 99.66% 163.411 Attempt/Solicit Sex Pen w/foreign Obj I 2 0.02% 99.67% 164.057 Attempt/Solicit Aggravated Theft I 2 0.02% 99.69% 164.057 Conspiracy Aggravated Theft I 2 0.02% 99.71% 164.140 Crim Poss Rent Prop/$500+ 2 0.02% 99.72% 164.225 Conspiracy Burglary I 2 0.02% 99.74% 164.225 Solicit Burglary I 2 0.02% 99.75% 164.405 Conspiracy Robbery II 2 0.02% 99.77% 164.415 Conspiracy Robbery I 2 0.02% 99.78% 166.384 Unlawful Mfg Destruct Device 2 0.02% 99.80% 475.993 Drugs 2 0.02% 99.81% 161.435 Attempt/Solicit Solicitation Of B/Fel 1 0.01% 99.82% 162.165 Escape I 1 0.01% 99.83% 162.165 Attempt/Solicit Escape I 1 0.01% 99.84% 162.265 Bribing A Witness 1 0.01% 99.85% 162.325 Conspiracy Hinder Prosecution 1 0.01% 99.85% 162.365 Hinder Prosecution 1 0.01% 99.86% 163.095 Conspiracy Aggravated Murder 1 0.01% 99.87% 163.365 Attempt/Solicit Rape II 1 0.01% 99.88% 163.395 Attempt/Solicit Sodomy II 1 0.01% 99.88% 163.408 Attempt/Solicit Sex Pen w/foreign Obj II 1 0.01% 99.89% 163.515 Bigamy 1 0.01% 99.90% 163.670 Use Child Display Sex Conduct 1 0.01% 99.91% 163.670 Attempt/Solicit Use Child Display Sex Conduct 1 0.01% 99.91% 163.672 Possess Depict of Child Sex 1 0.01% 99.92% 163.673 Deal Depict Child Sex Conduct 1 0.01% 99.93% 163.750 Vio Ct Stalking Ord - Fel 1 0.01% 99.94% 164.125 Theft of Services 1 0.01% 99.95% 164.135 Conspiracy Unauth Use Vehicle 1 0.01% 99.95% 164.325 Attempt/Solicit Arson I 1 0.01% 99.96% 165.032 Poss Forgery Device 1 0.01% 99.97% 166.410 Firearms 1 0.01% 99.98% 167.262 Use Minor/Dist Cntrld Subst 1 0.01% 99.98% 475.999 Attempt/Solicit Drugs 1000 ft School 1 0.01% 99.99% 819.310 Traffic In Stolen Vehicles 1 0.01% 100.00% All Offenders 14,038 * Note: adjusted for non-reporting counties 18
Offenses Crime Type by County This table lists, for each county, the number of offenders and the proportion of the county s total offenders for each crime type. The proportions are less meaningful in counties with a small number of offenders, since each individual case has a bigger impact on the county s proportions. No data are available for Clackamas and Morrow Counties. Number and Proportion of Offenders by Crime Type and County County Person Property Driving Drug Total Number % Number % Number % Number % Number % Number Baker 4 10% 15 38% 7 18% 4 10% 9 23% 39 Benton 38 19% 65 33% 25 13% 43 22% 25 13% 196 Clatsop 13 8% 55 35% 35 22% 45 28% 11 7% 159 Columbia 19 19% 31 31% 9 9% 34 34% 6 6% 99 Coos 40 11% 80 22% 69 19% 127 34% 56 15% 372 Crook 7 8% 24 26% 23 25% 24 26% 15 16% 93 Curry 5 6% 22 29% 17 22% 23 30% 10 13% 77 Deschutes 42 12% 100 28% 37 10% 148 42% 29 8% 356 Douglas 38 9% 83 19% 53 12% 223 50% 50 11% 447 Gilliam 1 14% 3 43% 0 0% 3 43% 0 0% 7 Grant 1 100% 0 0% 0 0% 0 0% 0 0% 1 Harney 7 35% 6 30% 1 5% 4 20% 2 10% 20 Hood River 15 19% 22 29% 12 16% 22 29% 6 8% 77 Jackson 97 13% 225 29% 13 2% 354 46% 76 10% 765 Jefferson 16 14% 23 20% 42 36% 26 22% 9 8% 116 Josephine 48 15% 70 22% 66 20% 122 38% 19 6% 325 Klamath 51 17% 77 26% 43 15% 90 31% 33 11% 294 Lake 4 8% 7 14% 14 27% 19 37% 7 14% 51 Lane 167 13% 398 32% 122 10% 430 34% 137 11% 1,254 Lincoln 49 17% 98 33% 72 25% 46 16% 28 10% 293 Linn 75 16% 158 34% 37 8% 137 30% 55 12% 462 Malheur 37 21% 41 23% 37 21% 21 12% 42 24% 178 Marion 231 25% 275 30% 10 1% 285 31% 122 13% 923 Multnomah 639 15% 1,056 24% 31 1% 2,436 56% 212 5% 4,374 Polk 39 20% 45 23% 51 26% 49 25% 15 8% 199 Sherman 0 0% 3 25% 4 33% 2 17% 3 25% 12 Tillamook 16 10% 43 28% 46 30% 22 14% 27 18% 154 Umatilla 32 15% 60 28% 59 27% 33 15% 34 16% 218 Union 7 21% 13 39% 5 15% 1 3% 7 21% 33 Wallowa 6 17% 5 14% 5 14% 15 42% 5 14% 36 Wasco 21 16% 21 16% 47 36% 27 21% 13 10% 129 Washington 147 16% 314 34% 159 17% 173 19% 136 15% 929 Wheeler 0 0% 1 50% 1 50% 0 0% 0 0% 2 Yamhill 43 19% 51 22% 17 7% 92 40% 26 11% 229 Statewide 15% 27% 9% 39% 9% Note: Clackamas and Morrow Counties did not report. 19
Offenses 20
Sentencing Practice This chapter examines patterns in the actual sentences imposed on felony offenders sentenced under guidelines during 1994. Information about sentences from a sentencing guidelines perspective is presented in the Guidelines Application chapter. Overview Type of Sentence Person offenses were most likely to result in a prison sentence. Among offenders convicted of person offenses as their most serious offense, 48 percent were sentenced to prison. The lowest percentage of prison sentences resulted from driving offenses (seven percent). Nineteen percent of offenders convicted of property offenses as their most serious offense were sentenced to prison. Eighteen percent of those convicted of drug offenses received prison sentences. In actual numbers, more offenders went to prison for drug offenses than for any other type of offense. Among the 10 most common offenses, Burglary I and Sexual Abuse I were most likely to result in a prison sentence. Probation Conditions Where a probation sentence was imposed, jail often was included as a probation condition. Among drug offenders, 64 percent were sentenced to jail for an average of 32 days; sixty-seven percent of those sentenced to probation for Burglary in the First Degree were sentenced to jail for an average of 69 days. Half of the offenders sentenced to probation were ordered to complete one or more types of treatment. Drug treatment was the most common type of treatment ordered, with 69 percent of drug offenders and 39 percent of all offenders ordered to complete drug treatment. Seventy-one percent of drug offenders sentenced to probation were ordered to complete some type of treatment. Future Capacity Implications Person offenses will place the greatest demand on future prison capacity. Among individual offenses, convictions for drug offenses and for Burglary I will account for the greatest demand for future bed years. Drug offenses will create the greatest future probation supervision caseload, followed by property offenses. 21
Sentencing Practice Sentence Type by Crime Type: Summary Convicted felons are sentenced either to prison (a state-operated penitentiary) or to probation. Probation sentences often include time in jail (a county-operated correctional facility), along with a number of other conditions such as payment of restitution, completion of treatment programs, etc. This display illustrates the sentences that resulted from various broad types of crimes. In the future, the distinction between prison and jail will be different as a result of 1995 Senate Bill 1145. This bill requires persons sentenced to 12 months or less to serve their sentence in county instead of state facilities. See Appendix C for a complete listing of statutes included in each crime category. Sentence Type by Crime Type 100% 80% 60% 40% 20% 0% Person Property Driving Drug All Offenses Prison Probation The graph shows the proportion of offenders sentenced to prison and probation for different types of crimes. The highest percentage of prison sentences resulted from person offenses, while the lowest rate of imprisonment was for driving offenses. Sentence Type by Crime Type Crime Prison Probation Total Type Count* % Count* % Offenders* Person 992 48% 1,056 52% 2,048 Property 755 19% 3,124 81% 3,879 Driving 88 7% 1,259 93% 1,347 Drug 1,015 18% 4,505 82% 5,519 302 24% 942 76% 1,244 All Offenses 3,152 22% 10,886 78% 14,038 * Note: adjusted for non-reporting counties. 22
I Sentencing Practice Sentence Type by Statute: Summary Convicted felons are sentenced either to prison (a state-operated penitentiary) or to probation. Probation sentences may include time in jail (a county-operated correctional facility), along with a number of other conditions such as payment of restitution, completion of treatment programs, etc. This display looks at sentence type, by specific crime of conviction, for the 10 most frequent offenses. These 10 offenses encompass more than three-fourths of all offenders. Sentence Type For Most Common Offenses 100% 80% 60% 40% 20% 0% Drug Mfg/Del/Poss Driving While Revoked Theft I Unauth Use Vehicle Burglary I Burglary II Felon Poss Firearm Forgery I Failure To Appear I Sexual Abuse Prison Probation This graph and table illustrate the proportion of offenders receiving prison and probation sentences for the 10 most frequent felony offenses. Under the sentencing guidelines, probation sentences may include a jail term as a condition of probation. Attempts, conspiracies, and solicitations are not counted with completed offenses in this graph and table. Sentence Type for Most Common Offenses ORS Description Prison Probation Offenders* 475.992 Drug Mfg/Del/Poss 19% 81% 5,354 811.182 Driving While Revoked 6% 94% 1,270 164.055 Theft I 7% 93% 977 164.135 Unauth Use Vehicle 19% 81% 712 164.225 Burglary I 45% 55% 705 164.215 Burglary II 15% 85% 531 166.270 Felon Poss Firearm 36% 64% 409 165.013 Forgery I 11% 89% 388 162.205 Failure To Appear I 13% 87% 292 163.427 Sexual Abuse I 39% 61% 253 * Note: adjusted for non-reporting counties. 23
Sentencing Practice Sentence Type by Statute: Detail The following table lists the estimated total number of offenders sentenced and the types of sentences ordered, arranged by decreasing number of total offenders. Inchoate offenses (attempts, solicitations, and conspiracies) are listed separately from completed offenses. Raw data has been adjusted for nonreporting counties to estimate actual statewide totals. The % columns show the proportion of offenders receiving a particular type of sentence, where the offense listed was the most serious crime of conviction. Convicted felons are either sentenced to prison (a state-operated penitentiary) or to probation. Probation sentences often include time in jail (a county-operated correctional facility), along with a number of other conditions such as payment of restitution, completion of treatment programs, etc. Sentence Type by Offense ORS Description Prison Probation Total Number % Number % 475.992 Possess/Distribute/Manufacture Contrld Subst 992 19% 4,362 81% 5,354 811.182 Driving While Revoked 78 6% 1,192 94% 1,270 164.055 Theft I 64 7% 913 93% 977 164.135 Unauthorized Use of Motor Vehicle 133 19% 579 81% 712 164.225 Burglary I 318 45% 387 55% 705 164.215 Burglary II 78 15% 453 85% 531 166.270 Felon Possess Firearm 146 36% 263 64% 409 165.013 Forgery I 45 11% 343 89% 388 162.205 Failure To Appear I 39 13% 253 87% 292 163.427 Sexual Abuse I 100 39% 153 61% 253 163.165 Assault III 33 14% 202 86% 235 819.300 Possess Stolen Vehicle 74 41% 104 59% 178 163.175 Assault II 100 61% 64 39% 164 164.365 Criminal Mischief I 7 4% 141 96% 148 164.395 Robbery III 58 40% 88 60% 146 164.415 Robbery I 124 93% 10 7% 134 411.630 Unlawfully Obtain Public Assistance 0 0% 133 100% 133 162.155 Escape II 84 64% 48 36% 131 164.405 Robbery II 53 51% 52 49% 105 163.405 Sodomy I 75 85% 13 15% 88 162.185 Supply Contraband 30 39% 47 61% 77 811.705 Fail to Perform Duties of Driver 10 13% 67 87% 77 164.057 Aggravated Theft I 14 19% 62 81% 76 166.220 Unlawful Use Weapon 20 26% 55 74% 75 163.205 Criminal Mistreatment I 5 8% 65 92% 71 166.272 Unlawful Possession of Firearms/Silencer 7 10% 62 90% 68 163.355 Rape III 13 21% 50 79% 63 163.175 Attempt/Solicit Assault II 12 20% 48 80% 60 163.375 Rape I 52 87% 8 13% 60 475.992 Attempt/Solicit Controlled Substance Offense 3 6% 55 94% 59 163.425 Sexual Abuse II 11 26% 30 74% 41 411.840 Unlawful Use Of Food Stamps 1 3% 39 97% 40 24
Sentencing Practice 167.212 Tamper w/ Drug Records 1 3% 38 97% 39 164.225 Attempt/Solicit Burglary I 9 24% 28 76% 37 163.115 Murder 35 100% 0 0% 35 475.992 Conspiracy to Commit Contrld Subst Offense 9 25% 26 75% 35 163.185 Assault I 34 100% 0 0% 34 164.325 Arson I 16 50% 16 50% 33 163.185 Attempt/Solicit Assault I 13 43% 17 57% 30 163.235 Kidnapping I 30 100% 0 0% 30 165.022 Possess Forged Instrument I 7 21% 24 79% 30 163.555 Criminal Nonsupport 0 0% 27 100% 27 163.427 Attempt/Solicit Sexual Abuse I 9 33% 17 67% 26 162.065 Perjury 7 32% 14 68% 21 165.055 Fraud-Credit Card/$750+ 2 11% 18 89% 21 163.395 Sodomy II 12 58% 9 42% 21 163.411 Unlawful Sexual Penetration w/ Foreign Object I 13 63% 8 37% 21 162.325 Hinder Prosecution 0 0% 20 100% 20 163.365 Rape II 9 44% 11 56% 20 163.115 Attempt/Solicit Murder 18 100% 0 0% 18 163.225 Kidnapping II 12 65% 7 35% 18 163.275 Coercion 4 25% 13 75% 17 475.999 Controlled Substance 1000 ft School 5 31% 12 69% 17 163.118 Manslaughter I 16 100% 0 0% 16 163.125 Manslaughter II 10 64% 5 36% 15 163.547 Child Neglect I 0 0% 15 100% 15 166.275 Possess Weapon Prison Inmate 13 86% 2 14% 15 163.385 Sodomy III 3 23% 11 77% 14 164.055 Conspiracy to Commit Theft I 0 0% 14 100% 14 164.095 Theft by Deception 1 8% 12 92% 13 162.285 Tamper w/ Witness 7 55% 5 45% 12 163.145 Criminal Negl Homicide 4 40% 7 60% 11 165.013 Conspiracy to Commit Forgery I 0 0% 11 100% 11 167.012 Promote Prostitution 5 50% 5 50% 11 475.995 Deliver Controlled Substance To Minor 4 40% 7 60% 11 161.450 Conspiracy To Commit Felony 3 33% 7 67% 10 163.245 Custodial Interf II 0 0% 10 100% 10 163.257 Custodial Interf I 0 0% 9 100% 9 163.375 Attempt/Solicit Rape I 5 63% 3 38% 9 164.315 Arson II 0 0% 9 100% 9 166.165 Intimidation I 5 63% 3 38% 9 163.225 Attempt/Solicit Kidnapping II 1 14% 7 86% 8 166.720 Racketeering 4 57% 3 43% 8 163.408 Unlawful Sexual Penetration w/ Foreign Object II 4 67% 2 33% 7 166.272 Att/Solicit Unlaw Possess Firearms/Silencer 0 0% 7 100% 7 166.382 Unlawful Possession of Destructive Device 1 17% 5 83% 7 164.085 Theft by Receiving 1 20% 4 80% 5 164.415 Attempt/Solicit Robbery II 3 60% 2 40% 5 165.065 Negotiating Bad Check 0 0% 5 100% 5 25
Sentencing Practice 181.519 Probation Sex Offender Fail Report Address 0 0% 5 100% 5 161.450 Conspiracy To Commit Felony 2 50% 2 50% 4 162.185 Conspiracy to Supply Contraband 2 50% 2 50% 4 163.095 Attempt/Solicit Aggravated Murder 4 100% 0 0% 4 163.115 Conspiracy to Commit Murder 4 100% 0 0% 4 163.175 Conspiracy to Commit Assault II 2 50% 2 50% 4 163.405 Attempt/Solicit Sodomy I 2 50% 2 50% 4 164.377 Computer Crime 0 0% 4 100% 4 163.525 Incest 0 0% 3 100% 3 164.075 Attempt/Solicit Theft By Extortion 0 0% 3 100% 3 166.370 Possess Explosives/Firearm Public Building 1 33% 2 67% 3 167.017 Compel Prostitution 3 100% 0 0% 3 811.185 Habitual Offender 0 0% 3 100% 3 162.025 Bribe-Receiving 0 0% 2 100% 2 163.235 Attempt/Solicit Kidnapping I 1 50% 1 50% 2 163.411 Att/Solicit Sexual Penetration w/ Foreign Object I 0 0% 2 100% 2 164.057 Attempt/Solicit Aggravated Theft I 0 0% 2 100% 2 164.057 Conspiracy to Commit Aggravated Theft I 0 0% 2 100% 2 164.140 Criminal Possession of Rental Property 0 0% 2 100% 2 164.225 Conspiracy to Commit Burglary I 1 50% 1 50% 2 164.225 Solicit Burglary I 2 100% 0 0% 2 164.405 Conspiracy to Commit Robbery II 1 50% 1 50% 2 164.415 Conspiracy to Commit Robbery I 2 100% 0 0% 2 166.384 Unlawful Manufacture of Destruct Device 0 0% 2 100% 2 475.993 Controlled Substance Registrant Prohib Act 0 0% 2 100% 2 161.435 Attempt/Solicit Felony 0 0% 1 100% 1 162.165 Attempt/Solicit Escape I 1 100% 0 0% 1 162.165 Escape I 1 100% 0 0% 1 162.265 Bribing a Witness 0 0% 1 100% 1 162.325 Conspiracy to Hinder Prosecution 0 0% 1 100% 1 162.365 Hinder Prosecution 0 0% 1 100% 1 163.095 Conspiracy to Commit Aggravated Murder 1 100% 0 0% 1 163.365 Attempt/Solicit Rape II 0 0% 1 100% 1 163.395 Attempt/Solicit Sodomy II 1 100% 0 0% 1 163.408 Att/Solicit Sexual Penetration w/ Foreign Object II 0 0% 1 100% 1 163.515 Bigamy 0 0% 1 100% 1 163.670 Att/Solicit Use Child in Display of Sex Conduct 0 0% 1 100% 1 163.670 Use Child in Display of Sexual Conduct 1 100% 0 0% 1 163.672 Possess Depiction of Child Sexual Conduct 0 0% 1 100% 1 163.673 Deal in Depiction Child Sexual Conduct 1 100% 0 0% 1 163.750 Violate Court Stalking Order - Fel 0 0% 1 100% 1 164.125 Theft of Services 0 0% 1 100% 1 164.135 Conspiracy to Commit Unauth Use of Vehicle 0 0% 1 100% 1 164.325 Attempt/Solicit Arson I 0 0% 1 100% 1 165.032 Possess Forgery Device 1 100% 0 0% 1 166.410 Firearms 0 0% 1 100% 1 167.262 Use Minor in Distribution of Contrld Substance 0 0% 1 100% 1 26
Sentencing Practice 475.999 Att/Solicit Contrld Subst Offense 1000 ft School 0 0% 1 100% 1 819.310 Traffic In Stolen Vehicles 0 0% 1 100% 1 All Offenders 3,152 100% 10,886 100% 14,038 27
Sentencing Practice Prison Sentences: Summary This display focuses on prison sentences only. The numbers shown include only those offenders sentenced to prison whose most serious crime of conviction was for the offense listed. Those convicted of the offense but sentenced to probation are not included. The offenses are sorted in descending order by number of offenders receiving prison sentences. Completed offenses are counted separately from inchoate offenses (attempts, solicitations, and conspiracies). The following graph and table show the average prison sentence length and number of offenders sentenced to prison for the 10 offenses which resulted in the greatest number of prison sentences. The figures given are for sentences imposed, not actual length of stay in prison. Length of stay for individual offenders can be reduced by earned time credits. Earned time credits may be awarded for appropriate institutional behavior and are limited by statute to 20 percent, averaging 17 percent in practice. Data on typical earned time credit by specific offense is not available. Prison Sentences for Most Common Offenses 1,000 800 600 400 200 0 Drug Man/Del/Poss Burglary I I 80 Number of Offenders 60 40 20 Avg. Sentence (months) Felon Poss Firearm Unauth Use Vehicle Robbery I Assault II Sexual Abuse Escape II Burglary II Driving Susp/Rev 0 Number of Offenders* Avg. Sentence More offenders went to prison for drugs than for any other offense. These 10 offenses generate about twothirds of the offenders sentenced to prison. Prison Sentences for Most Common Offenses ORS Offense Number of Offenders* Avg. Sentence 475.992 Drug Man/Del/Poss 992 11.0 164.225 Burglary I 318 36.5 166.270 Felon Poss Firearm 146 15.7 164.135 Unauth Use Vehicle 133 8.9 164.415 Robbery I 124 68.6 163.175 Assault II 100 31.8 163.427 Sexual Abuse I 100 36.9 162.155 Escape II 84 15.5 164.215 Burglary II 78 7.3 811.182 Driving Susp/Rev 78 6.4 All Offenses 3,152 30.2 * Note: adjusted for non-reporting counties 28
Sentencing Practice Prison Sentences: Detail The following table is a complete listing of all offenses for which offenders received prison sentences and the average prison sentence imposed. It is sorted in descending order by number of offenders receiving prison sentences. The Number of Offenders column shows the number of offenders sentenced to prison whose most serious crime of conviction was for the offense listed. Those convicted of the offense but sentenced to probation are not included. The % of Offenders column shows the proportion of all offenders sentenced to prison who were sentenced for the listed offense. For example, 10.10 percent of all offenders sentenced to prison had been convicted of Burglary I as their most serious offense. The Cumulative % column shows the sum of all the individual offense percentages from the top of the table down through the listed offense. For example, 50.40 percent of all offenders sentenced to prison in 1994 had been convicted for Controlled Substances, Burglary I, Felon in Possession of Firearm or Unauthorized Use of a Motor Vehicle. The figures given are for sentences imposed, not actual length of stay in prison. Length of stay for individual offenders can be reduced by earned time credits. Earned time credits are awarded for appropriate institutional behavior and are limited by statute to 20 percent, averaging 17 percent overall. Data on typical earned time credit by offense is not available. Prison Sentences ORS Description Number of Average % of Cumulative Offenders * Prison Offenders % 475.992 Drug Manuf/Deliv/Poss 992 11.0 31.47% 31.47% 164.225 Burglary I 318 36.5 10.10% 41.57% 166.270 Felon Possess Firearm 146 15.7 4.62% 46.19% 164.135 Unauth Use Vehicle 133 8.9 4.21% 50.40% 164.415 Robbery I 124 68.6 3.93% 54.33% 163.175 Assault II 100 31.8 3.17% 57.50% 163.427 Sexual Abuse I 100 36.9 3.17% 60.67% 162.155 Escape II 84 15.5 2.65% 63.32% 164.215 Burglary II 78 7.3 2.48% 65.80% 811.182 Driving While Revoked 78 6.4 2.48% 68.29% 163.405 Sodomy I 75 119.9 2.38% 70.67% 819.300 Possess Stolen Vehicle 74 7.9 2.34% 73.01% 164.055 Theft I 64 7.2 2.03% 75.04% 164.395 Robbery III 58 10.5 1.83% 76.87% 164.405 Robbery II 53 23.8 1.69% 78.56% 163.375 Rape I 52 104.0 1.65% 80.21% 165.013 Forgery I 45 7.0 1.41% 81.63% 162.205 Failure To Appear I 39 9.1 1.24% 82.87% 163.115 Murder 35 217.4 1.10% 83.97% 163.185 Assault I 34 88.2 1.07% 85.04% 163.165 Assault III 33 19.0 1.03% 86.07% 162.185 Supply Contraband 30 9.3 0.97% 87.04% 163.235 Kidnapping I 30 205.3 0.97% 88.00% 166.220 Unlawful Use Weapon 20 31.1 0.62% 88.62% 29