Oregon's most prolific burglars and thieves caught a big break the past two years.

They headed to prison with sentences sometimes years shorter than expected or avoided prison altogether.

They escaped tougher sentences because legislators suspended voter-approved sanctions as of February 2010 to save the state money — about $28 million in the last budget cycle.

But that political "Get out of jail" card expires midnight Dec. 31, and criminals once again face the harsher penalties of Measure 57.

The revival of the measure won't stop the debate about whether it's needed. Prosecutors want it to corral criminals who inflict the most harm. Others say Oregon's property crime rate has dropped steadily over that past five years and question whether the state should spend millions more on incarcerating property offenders.

The question of how much punishment Oregon can afford is in the hands of the new state Commission on Public Safety. Gov. John Kitzhaber tasked the group with evaluating whether changes to state crime laws could restrain prison costs but still protect the public.

Corrections officials estimate that Measure 57 will contribute to a rise in prison population that will add 2,000 inmates, costing more than $600 million over the next decade for operations and new prisons.

But district attorneys across Oregon cite case after case in which the absence of Measure 57 sanctions weakened their hand:

Cory J. Eicher, 31, pleaded guilty in Multnomah County in September to stealing a diamond ring, other jewelry and a credit card. Despite prior convictions for drugs, weapons, robbery and auto theft, he got probation. If Measure 57 had been in force, he would have faced up to 24 months in prison.

Robert W. Perry, 54, was convicted in Clackamas County in October for cutting through a fence and stealing metal from a local business. He had 40 arrests by then and convictions dating to 1993. On the metal theft, he was sentenced to 13 months in prison. With Measure 57, he would have faced up to 30 months.

Justin R. Clifford, 28, was convicted in Linn County in October for stealing a car — his 22nd conviction. He was sentenced to 13 months. Under Measure 57, he would have faced up to 30 months.

Prosecutors say they need Measure 57 to stop these one-person crime waves.

"We seldom catch them in all they have done," said Linn County District Attorney Jason Carlile "If we can convict just one guy in town who is stealing cars and has a history of doing so, we make a big difference in that town."

Prosecutors feel betrayed

The suspension of Measure 57 stung prosecutors.

Legislators approached them in 2008 to help blunt another move by Salem attorney Kevin Mannix, the chief petitioner behind Measure 11, to put more convicts in prison. Mannix was headed to the ballot with Measure 61, an initiative setting minimum sentences for certain drug and property crimes.

District attorneys framed a competing measure to increase penalties for career criminals but not make prison the only option. They included drug treatment, saving the more severe sentences for those who refused it.

In the election campaign pitting the two measures, prosecutors – with support from police chiefs and sheriffs -- promoted Measure 57 in debates with Mannix and his allies. Measure 57 won handily, and the law took effect in January 2009.

Then legislators put it on hold 13 months later, leaving prosecutors feeling betrayed.

"There are some people who are involved in the legislative process who see the suspension of Measure 57 as a policy achievement or victory," said Wasco County District Attorney Eric Nisley, president of the Oregon District Attorneys Association. Still, he said, "I don't think any legislator has a desire to make Oregon less safe."

Before the suspension, prosecutors applied the law against 868 defendants. The vast majority would have gone to prison regardless of Measure 57.

The report found that 301 of the defendants got the same or shorter sentences under Measure 57, and 498 got longer sentences; on average, those convicts got an extra five months in prison for a total sentence averaging 22 months. Seventy who would have gotten probation if not for the measure went to prison.

Measure 57

What it does

Longer prison sentences:

Added five months to existing sentences for repeat offenses of identity theft, burglary, theft, robbery, mail theft, car theft, forgery, criminal mischief, credit card and check fraud; made prison an option after the third conviction instead of the fifth conviction. Imposed more severe sentences for large-scale drug dealing and manufacturing, and for theft of more than $10,000 from an elderly victim.

Drug treatment:

Required for certain addicted offenders, with penalties for those who refuse

History

2008:

Voters approve it, 1,058,955 yes, 665,942 no.

Jan. 1, 2009:

Law takes effect

Feb. 15, 2010:

Legislators suspend most of its provisions.

Jan. 1, 2012:

Law goes into full effect again.

Prosecutors also point out that Measure 57 generally makes prison a possibility after a third property crime conviction. Without it, five convictions were needed to net a prison term.

"A thief could victimize several different people and disrupt their lives and serve no real penalty for being caught," said Coos County District Attorney Paul Frasier.

No one has researched the impact of the extra months in prison, but prosecutors say the result is obvious.

"We know from debriefings that they go on meth-fueled crime binges where they are doing tens of crimes per day," said Clackamas County District Attorney John Foote in a statement for the association. "Logic and common sense are really all you need to figure that by incapacitating a relatively small number of criminals, you will have a positive effect."

Measure 57 opponents

Oregon's crime statistics aren't clear about such an effect, however. Property crimes dropped steadily in recent years and ticked up a bit last year. The FBI reported property crime dropped 1.1 percent in Oregon's largest cities in the first six months of 2011. Some prosecutors say the small increase last year may well be because the tougher sanctions were off the books.

But Craig Prins, executive director of the state Criminal Justice Commission, said that's a stretch since reported property crime has dropped 32 percent in Oregon the past five years.

"Oregon can keep property crime low without using prison for more addicted offenders," Prins said.

Critics agree, saying Measure 57 should stay suspended.

"There is a smart, more effective, less costly way of responding to property crime. Measure 57 isn't it," said Rob Raschio, an attorney in The Dalles and president of the Oregon Criminal Defense Lawyers Association. "Treatment courts in the community such as drug court and mental health courts have a proven success rate that is much better than throwing people in prison."

Measure 57 made a point of requiring treatment for drug addicts, and prosecutors say they supported that. Legislators appropriated $10 million in the 2009-11 budget to beef up local treatment programs that would take chronic offenders.

"If we can properly use the threat of prison to help someone get off drugs, I am willing to give that person the chance," said Frasier. "If the person does not follow through, then the Measure 57 sentence is still available."

Legislators also gave the state Corrections Department an extra $3 million for in-prison treatment, but that money was lost to subsequent budget cuts. Now, inmates face a two-year wait to get into a treatment program, and most property offenders won't be in that long.

Shannon Wight, associate director of the Portland-based Partnership for Safety and Justice, said bringing Measure 57 back will impair those treatment efforts.

"We know that across the state, addiction treatment funding is being cut," said Wight. "We're not really investing in what's needed to get to the root of the problem."

Prosecutors say they are well aware of the budget challenges but still believe Measure 57 is a reasonable tool for attacking crime. They have criticized past state estimates on both prison populations and their costs as exaggerated, but voiced no such concerns to legislators earlier this year.

The Legislature added $2 million to pay for more prison space next year as Measure 57 takes hold, and corrections officials say they will need an additional $30 million in the next budget cycle.

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