On July 22, 2019, Governor Kate Brown signed Senate Bill 1008 into law. The new law, which takes effect on January 1, 2020, makes significant changes to policies and practices put in place by Measure 11.
Among the changes, the law ends the automatic adult prosecution of youth — ages 15 through 17 — for Ballot Measure 11 offenses specified in ORS 137.707 and applies confidentiality protections to criminal proceedings that are ultimately transferred back to juvenile court. And even though Senate Bill 1008 still allows adult prosecution for Measure 11 offenses for any youths who are waived into adult proceedings by the court, there are still some additional considerations after youths are sentenced as adults under Measure 11.
The authorization of a conditional release hearing known as a “second-look hearing” for youth who have served half of their Measure 11 sentence.
The authorization of a conditional release hearing known as a “transfer hearing” for youth sentenced to a term of imprisonment for a crime committed when the person was under 18 years of age if the person’s release date falls between the person’s 25th and 27th birthdays and
Banning life sentences without the possibility of parole for youths and authorizing a parole hearing after 15 years of imprisonment for persons sentenced for a crime committed when they were younger than 18.
As those changes take effect, the County is reexamining its practice of releasing youth photos. As of January 1, 2020, the County will no longer publicly release photos for any individual processed at the Donald E. Long Juvenile Detention Center, outside of the entities or individuals identified in Oregon Juvenile Code. Photos, processed through the adult system, can be requested through the appropriate law enforcement agency.
This change is not only consistent with the intent of Senate Bill 1008 but also aligns with the values of the Multnomah County Juvenile Services Division as it works to reduce future collateral consequences on both youth and the community.