Oregon lawmakers push for ballot measure to restrict pretrial release
PORTLAND, Ore. (KOIN) — The amount of time people spend in jail before trial could be in the hands of voters this November. Some lawmakers are pushing for a new initiative on this year’s ballot that would restrict pretrial release.
Just a few years after Senate Bill 48 was passed in the 2021 legislative session, later signed into law to end bail-based pretrial release and relax restrictions, some state lawmakers say too many people are getting released too quickly after they are arrested.
‘Cycle of survival’: Portland woman finds permanent housing after safe rest village stay
“Traditionally, when someone is arrested and they are booked, they are held for arraignment in front of a circuit judge, and the judge is supposed to look at the person’s criminal record, consider the charges, the weight of the evidence and determine whether the person should be released pending trial,” State Rep. Kevin Mannix said. “While under the new system, the presumption is basically we’re going to release whoever gets arrested, unless in a limited number of circumstances, they’re being charged immediately with a violent crime. And the problem is, we don’t always know their full criminal record at the time of that review.”
It’s an issue brought to the forefront after high-profile incidents over the last couple years.
Back in December after a major fentanyl bust in Multnomah County, a suspected dealer was arrested, then released the same day and fled.
In Nov. 2022, a domestic violence suspect in Washington County was granted pretrial release, and not long after, officers say he went back and shot and killed his wife and her sister before killing himself.
Man convicted of Forest Grove murder after shooting girlfriend’s ex 15 times in 2022
These are just some of the reasons Rep. Mannix is pushing for tighter restrictions on pretrial release to be in the hands of voters on the November ballot. He recently filed an initiative petition for the “Oregon Crimefighting Act” through the Secretary of State.
“If you’ve been arrested, that’s a pretty serious thing in the first place. And yes, we’re going to have a judge review your record and decide whether it’s safe to let you go back out in the community,” Mannix said.
Some law enforcement say it’s been frustrating in recent years to see how quickly some are released.
“The most frustrating thing in law enforcement is safely getting someone into custody, ensuring the community is safe, and then just having that person out very quickly before families can get things in order,” Aaron Schmautz, president of the Portland Police Association said. “We’ve seen bail funds bail people out and then people later tragically commit violent attacks against the same people. We’ve seen police officers working very hard to locate suspects only to have those suspects right back out.”
PDX announces return of iconic carpet in main terminal remodel
However, not everyone is behind the ballot initiative. In a letter to the Secretary of State, the American Civil Liberties Union of Oregon pointed out issues like bail.
“By only naming the requirement to incarcerate people pre-arraignment, the caption minimizes the significant shift toward incarceration that the Petition would effectuate for the entire pre-trial phase of a criminal case,” ACLU of Oregon Legal Director Kelly Simon said, in the letter.
As for next steps, those behind the ballot initiative will need to get around 150,000 signatures by early July to qualify for the Nov. 2024 ballot.
For the latest news, weather, sports, and streaming video, head to KOIN.com.
