Definition of incarceration…to put in prison. Imprisonment; confinement; custody; captivity; internment.
Comment: the Oregon Constitution removes voting rights “unless otherwise provided by law”.
ORS 137.275 is the “otherwise provided by law” and 137.281 provides the specifics such as not being deprived of voting rights until sentenced.
137.281(1) States privileges are not revoked until the person is sentenced to a term of incarceration. Since this section doesn’t indicate a specific location of incarceration, it is assumed incarceration means in a county jail or in a state or federal prison. (2) States that subsection (1) refers to ANY term of incarceration. (3) Makes it clear that voting rights is one of the rights that may be deprived…although (1) makes it mandatory that their rights are deprived until release from incarceration or the conviction is set aside. (4) States that if the court orders a temporary stay of execution of sentence, in other words postpones incarceration temporarily, their rights are still deprived pursuant to (1). (5) Specifies that rights are deprived even if the person convicted of a felony is incarcerated in federal prison. (6) Gives the county clerk the right to cancel the person convicted of a felony’s registration. (7) States the rights are restored automatically upon release from incarceration. (7) references ORS 10.030 which, though speaking to jury service, it also states that if the person convicted of a felony is on parole and is subsequently imprisoned for a parole violation, the person convicted of a felony will once again be deprived of voting rights.
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