History and Timeline

1960 - 1994: From 1960 to 1985, while Oregon's violent crime rate increased by 690 percent, the state built one new prison with a capacity of 400 beds. The violent crime rate remained near the peak level for the next decade.

A philosophy of leniency toward violent criminals led to shockingly short prison sentences. Under the parole system prior to 1989, it was common for murderers to be sentenced to life in prison and to be paroled after six years. In 1989, the Oregon Legislature instituted sentencing guidelines after which it was common for murderers to serve eight years. Juvenile crime and the brutality of juvenile criminal violence increased by shocking proportions. The law required that criminals convicted in juvenile court, including murderers, be released from custody at age 21.

By the late 1980's citizens across America were demanding that elected officials re-establish the rule of law and the credibility of the crumbling criminal justice system.

This movement arrived in Oregon in 1994 in the form of Measure 11, a ballot measure that established mandatory minimum sentences for violent crimes and serious sex offenses and required that juveniles aged 15, 16, and 17 accused of such crimes be tried in adult court and receive adult sentences. Measure 11 was passed with a two-thirds majority.

The voters also approved Measure 10 in 1994. This measure stipulated that the legislature could reduce a sentence enacted by the voters only with a two-thirds majority of both the Oregon Senate and Oregon House of Representatives. This measure anticipated that Measure 11 would come under relentless attack from advocates for leniency.

In 1995, the Oregon Legislature passed Senate Bill 1. It revamped the juvenile justice system, created the Oregon Youth Authority, and extended the age at which a person convicted in juvenile court must be released from 21 to 25.

From 1994, when Measure 11 passed, advocates for leniency worked to repeal or undermine Measure 11. Bills were filed in every legislative session to attack it in one way or another. In 2000, they succeeded in placing Measure 94 on the ballot. Measure 94 would have completely and retroactively repealed Measure 11. It was defeated by a nearly 3-to-1 vote.

Efforts to undermine Measure 11 continued in each legislative session. Finally, in 2019, advocates for leniency succeeded in mustering the necessary two-thirds vote of the legislature to repeal Measure 11 as it applied to juveniles via Senate Bill 1008. Juveniles standing trial for Measure 11 crimes were no longer automatically waived to adult court. Instead, the prosecutor had to file a waiver motion. A hearing would be held by a judge who would decide to waive the case to adult court or retain it in juvenile court. If the case was retained in juvenile court, upon adjudication, the criminal can be placed on probation or remanded to the custody of the Oregon Youth Authority. The Oregon Youth Authority has jurisdiction and can release the criminal at any time but must release him or her no later than age 25. These stipulations apply regardless of the crime.

Also in 2019, the legislature created the new crime of Murder in the First Degree through Senate Bill 1013. Most of the murders previously categorized as Aggravated Murder, including murdering multiple people in one criminal episode, murder involving torture, and murdering a witness in a criminal proceeding, were now categorized as Murder I instead of Aggravated Murder.

The purpose of Senate Bill 1013 was to undermine the death penalty. The penalty for Aggravated Murder was life in prison with the possibility of parole after 30 years, life in prison without the possibility of parole (true life), or death. The penalty for Murder I is life with the possibility of parole after 30 years. However, a person convicted of Murder I in juvenile court can be released at any time and must be released at age 25.

In 2020, the first cases involving juvenile murderers came up for waiver hearings. As predicted by opponents of SB 1008, horrific and brutal murder cases were retained in juvenile court, ensuring that the murderer will be released at age 25, at the latest.

November 8, 1994: Measure 11 is passed by Oregon voters with 65.6 percent voting in favor.

Measure 11 set minimum mandatory sentences for violent crimes and serious sex offenses and required that juveniles aged 15, 16, and 17 be tried in adult court. 

April 1, 1995: Measure 11 takes effect

1997: Senate Bill 1049 Passed

Senate Bill 1049 allowed judges to depart from Measure 11's minimum mandatory sentences for the crimes of Assault II, Robbery II, and Kidnapping II when the criminal had no prior convictions for serious crimes and subject to other conditions relating to the use or threat of force, injury, and the age of the victim. In such cases, sentencing fell back to sentencing guidelines.

A 2011 report by the Oregon Criminal Justice Commission showed that 53% of Assault II convictions, 57% of Kidnapping II convictions and 48% of Robbery II convictions resulted in non-mandatory sentences many of which were non-prison sentences served in county jails and/or on probation.

November 7, 2000: Measure 94 Fails

Measure 94 was a 2000 ballot measure that proposed to repeal Measure 11 entirely and retroactively.

Measure 94 was defeated with 73.5 percent of voters opposed. The no vote reached two-thirds in each of the 36 Oregon counties.

2001: House Bill 2379 passed

House Bill 2379 allowed judges to depart from Measure 11's minimum mandatory sentences for the crimes of Rape II, Sexual Abuse I, Sexual Penetration II, and Sodomy II when the criminal had no prior convictions for serious crimes, the victim was at least 12 years of age, and the criminal was within 5 years of the victim's age. In such cases, sentencing fell back to sentencing guidelines.

July 22, 2019: Senate Bill 1008, passed by the Senate on April 16th and by the House on May 23rd, is signed into law by Oregon Governor Brown.

Among other provisions, SB 1008 stipulates that a person age 15, 16, or 17 at the time of the crime must be tried in juvenile court unless the prosecutor makes a motion to waive the case to adult court, a hearing is held, and a judge approves the waiver to adult court. This applies to all Measure 11 crimes and to Aggravated Murder.

If convicted in juvenile court, the criminal must can be released at any time and must be released at age 25.

If waived to adult court, the person is eligible for a "second look hearing" half-way through the sentence and can be released from custody on the order of a judge. The person can seek parole after 15 years.

These provisions changes do not apply if the criminal was already sentenced. They do apply to cases where the crime occurred before the effective date of SB 1008 but the sentence was not yet handed down.

August 1, 2019: Senate Bill 1013, passed by the Senate on May 21st and by the House on June 19th, is signed into law by Oregon Governor Brown.

SB 1013 defines a new crime, Murder in the First Degree, which encompasses most cases previously classified as Aggravated Murder, including the murder of multiple people in one incident.

Murder in the First Degree is subject to a sentence of "life in prison" with the possibility of parole after 30 years.

September 29, 2019: Senate Bill 1008 takes effect

January 1, 2020: More provisions of SB 1008 take effect.

April 7, 2020: Jonathan Daniel Kirkpatrick is sentenced as a juvenile and must be released at age 25 after Lane County Circuit Judge Suzanne Chanti declined to waive Kirkpatrick to adult court. When he was 16 years old, Kirkpatrick killed 56-year old Ovid Neal in Lane County by crushing his head with a "football-sized rock".

March 6, 2020: Andrew Vineyard is to be tried as a juvenile and must be released at age 25 after Yamhill County Circuit Judge John Collins declined to waive Vineyard to adult court.

When he was 15 years old, Vineyard murdered Kimberly Forness in a "sadistic sexual murder" according to the prosecutor. He also shot but did not kill Ron Spiker in Yamhill County.