Early release? A bill to fill Oregon's budget-gap causes fallout in courts

PORTLAND, Ore. - After all the effort to crack down on I.D. theft and meth addiction, a stop-gap measure to balance the state budget means courtrooms are clogged with hearings on whether non-violent prisoners can earn more time off their sentence.

For the past month and the next two, Multnomah County Judge Eric Bloch is listening to lawyers and hundreds of prisoners - like Vicki Pettibone - as they re-lay out their case.

"I'm hearing these matters, every day, all day," Bloch said. 

Bloch is one of the judges ruling whether the state's existing prisoners are eligible to earn 10 percent off their sentence for good behavior. This is a new allowance in addition to the 20 percent good-behavior sentence reduction already allowed by state law.

"With a record like this," said the judge while reviewing Pettibone's file, "folks would conclude that you're not somebody who can be reformed."

Pettibone didn't succeed at getting the chance to earn an additional 10 percent shaved from her sentence. But there are thousands more like her in Oregon's jail and prison system now eligible for early release under Oregon House Bill 3508.

This bill passed in June, and is expected to save the state $6.5 million. State officials said they'll use the savings to balance the budget.

Meanwhile, non-violent offenders automatically get the chance to earn the additional 10 percent credit unless each district attorney can prove a prisoner doesn't deserve it.

These are prisoners like Kennith Smith, who stole UPS drop boxes and sold them for scrap metal.

"I was doing it and it was wrong and I'm in prison," Smith said. "If I get the other 10 percent , I'll just thank God."

The prosecutor in Smith's case argued that the damage to UPS came to a steep $17,000. The judge in Smith's early-release case ruled that the DA could not deny Smith the chance at the additional 10 percent.

Prosecutors and crime victims are outraged as thousands of prisoners get a new chance to get out early. "I thought it was done, I thought it was over," said one victim, called back to court.

Opponents of the bill say it's one thing to balance the budget, but it's another to have to deal with the actual consequences once it's done.

Across Oregon a daunting list of more than 4,100 prisoners have the right to the extra time off for good behavior - including Donald Richardson. He was convicted in Umatilla County of murder and abuse of a corpse for cutting up his wife's body. It's that second conviction he was eligible for the chance to earn the 10 percent credit, until the district attorney took it to court and the judge denied it.
    
"The problem for us is that offender may not be getting out for 20 years," said Kevin Neely, a lobbyist for the Oregon District Attorneys Association. "But now, because of the new law, we have to call the victim and bring the victim into courtroom. That victim has to relive that absolute heinous event and, in all likelihood, the prisoner is not going to get this earned time anyway."

That just happened to Janet Tremain, who pleaded with a judge Nov. 10 to keep the illegal immigrant who ran over her daughter locked up in prison, without the chance to earn extra time off. 

"I'm here to stand and speak for Kimberly, because she can't," said Tremain for daughter killed in a hit-and-run accident. "All I ask is that you don't add more time off from his sentence."

She succeeded.

How did this happen?
State House Representative Jeff Barker (D-Aloha) was a cop for 31 years and was on the committee that came up with the law. He said it was intended to get the state out of a dire budgetary position, but never intended to allow violent offenders to get another day in court.

"We're putting a lot of victims through unnecessary programs," Barker said. "I've already got a bill I'm working on in Salem to get it stopped, and we're going to take care of it in February."

But for now lawyers argue over people like Cory Deshirlia, who cut a hole in the roof of Shimmers Strip Club, rappelled inside and tried in vain to cut open the safe.

"I just have a gambling problem," said Deshirlia. "I would free up space for more serious criminals, and save the taxpayers some money."

Day after day Judge Bloch decides whether he and all the others get a chance at more time off. Today, Judge Bloch has an answer for Deshirlia: "I'm going to find that there's substantial reason to deny you eligibility for the 30 percent."

So far in Multnomah County, the district attorney has objected to 39 percent of the prisoners getting the extra time for good behavior. That means that this court alone has heard 379 cases.

"It's not just 'Are we saving money?'" said DA lobbyist Kevin Neely. "It's 'Who are we hurting in the process?'"

Until then, such judges as Multnomah County's Judge Bloch will continue to decide, day after day, whether prisoners like the ones we highlight in this report - and all the others to come - will get a chance at early redemption.