Can I get my sentence reduced now that Senate Bill 819 is in effect?

As of January 1, 2022, some people who are currently serving time in Oregon state prisons will be able to formally petition their original DA’s offices for sentence reductions. Every DA’s office will be handling these requests differently, but here in Lane County, they have just issued a POLICY

Here is a summary: 

WHO SHOULD APPLY: People who have been convicted of drug crimes, especially possession and/or marijuana-related crimes, property offenses, and other non-violent felonies who got unusually long sentences and who have already served half of those sentences or more.  

Absent solid proof of wrongful conviction, the DA’s office will not even consider petitions from people convicted of homicide, sexual offenses, or violent crimes like robbery or from anyone whose sentence was enhanced for use of a firearm or other deadly weapon. Likewise, they will not even consider petitions from people who violated probation on a downward departure or who have not yet served 50% of their sentence.  

HOW HARD WILL IT BE TO WIN: Pretty hard. You’ll need an attorney and a compelling story as to why your case is unique. 

In Lane County, requests for review MUST include:  

(1) a justification for why the original sentence no longer serves the interests 
of justice;  

(2) evidence reflecting the convicted persons age, time served, and/or diminished physical or mental capacity;  

(3) an admission of facts and expression of contrition;  

(4) work history;  

(5) vocational, educational, treatment and infraction history while in custody;  

(6) any psychological or medical documentation;  

(7) a release plan demonstrating re-entry readiness; and  

(8) a statement of support network and plans upon release. 

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