Senate Bill 819 Gives Second Chance to People with Felony Sentences and Convictions in Wasco County
Pictured: Wasco County Circuit Court Judge Janet L. Stauffer. Stauffer, the first woman judge to ever preside over a Wasco County Circuit Court plans to retire in 2022.
By Cole Goodwin
Oregonians convicted of felonies will be able to legally petition for reconsideration of their sentence and convictions on January 1st, 2022 when Senate Bill 819 goes into effect. The enactment of the law is considered a huge win for those looking for a second chance at sentencing and at full reintegration into their communities. Wasco County District Attorney Matt Ellis has created a special hearing docket scheduled for January 6th, 2022 at 8:30 AM to hear the first round of petitions from Wasco County community members. The hearing will be presided over by Wasco County Circuit Judge Janet Stauffer.
How does it work?
Wasco County DA Matt Ellis
This new law gives local District Attorney’s increased discretion and will require each County to develop their own policies to determine what types of cases they choose to reconsider.
“So, on January 6th, we’re having a really special docket for Senate Bill 819, which basically allows a defendant who has a prior felony conviction to be resentenced by a joint motion of the defense and the prosecutor,” said Ellis.
In other words, the District Attorney and Judge can agree on any modification of sentencing or felony conviction that they feel is appropriate, including throwing out someone’s conviction entirely, lowering prison sentences, letting individuals out of prison early, or lowering a fine.
Who can petition for reconsideration?
In Wasco County
DA Ellis will publish Wasco County’s official policies about reconsideration proceedings and what cases are eligible for reconsideration early next week.
In the meantime, Ellis told CCC News that the first sentence and conviction reconsideration hearing to be held next Thursday would be for exceptional recommended cases.
“The people who are on the docket are people that have had extraordinary rehabilitation and have been referred to us by the Probation Office,” said Ellis. “They are people that have served the community, have participated in the recovery community, and have continued to have their felony convictions drag them down because of housing barriers and difficulty getting jobs and things like that.”
Across the State
Not everyone with a felony in Oregon is eligible to have their conviction or sentence reconsidered because Senate Bill 819 leaves eligibility requirements up to each Oregon County DA’s discretion.
Lane County DA Christopher Parosa has said that Lane County DA's Office policy would not allow violent felony sentences to be reconsidered except in the case of extraordinary circumstances or new evidence that may undermine the integrity of the prior conviction.
However, Deschutes County DA John Hummel has said that their policy will not exclude people who have committed violent crimes from consideration and that Deschutes County would consider every case and petition based on its individual merits.
Why is the reconsideration of sentencing a priority for Wasco County Circuit Court?
Ellis said that those with felony convictions often face significant employment, housing, and licensing barriers. Those barriers often prevent them from fully rehabilitating, achieving success in their careers, reintegrating into society, and contributing to their communities.
“It’s a priority because the Criminal Justice system is meant to hold people accountable,” said Ellis “But when people have been held accountable and they’ve atoned for their past crimes, I think it’s our responsibility to help them move on in life.”
