2007 Oregon Code - Chapter 137 :: Chapter 137 - Judgment and Execution - Parole and Probation by the Court
Chapter 137 —
Judgment and Execution; Parole and Probation by the Court
2007 EDITION
JUDGMENT; EXECUTION; PAROLE; PROBATION
PROCEDURE IN CRIMINAL MATTERS GENERALLY
JUDGMENT
(Generally)
137.010Â Â Â Â Duty
of court to ascertain and impose punishment
137.012Â Â Â Â Suspension
of imposition or execution of sentence of person convicted of certain sexual
offenses; term of probation
137.013Â Â Â Â Appearance
by victim at time of sentencing
137.017Â Â Â Â Disposition
of fines, costs and forfeited security deposits received by court
137.020Â Â Â Â Time
for pronouncing judgment; delay; notice of right to appeal
137.030Â Â Â Â Presence
of defendant at pronouncement of judgment
137.040Â Â Â Â Bringing
defendant in custody to pronouncement of judgment
137.050Â Â Â Â Nonattendance
or nonappearance of released defendant when attendance required by court
137.060Â Â Â Â Form
of bench warrant
137.070Â Â Â Â Counties
to which bench warrant may issue; service
137.071Â Â Â Â Requirements
for judgment documents
137.074Â Â Â Â Fingerprints
of convicted felons and certain misdemeanants required
137.076Â Â Â Â Blood
or buccal sample and thumbprint of certain convicted defendants required;
application
(Presentence Report)
137.077Â Â Â Â Presentence
report; general principles of disclosure
137.079Â Â Â Â Presentence
report; other writings considered in imposing sentence; disclosure to parties;
courtÂ’s authority to except parts from disclosure
(Aggravation or Mitigation)
137.080Â Â Â Â Consideration
of circumstances in aggravation or mitigation of punishment
137.085Â Â Â Â Age
and physical disability of victim as factors in sentencing
137.090Â Â Â Â Considerations
in determining aggravation or mitigation
137.100Â Â Â Â Defendant
as witness in relation to circumstances
(Compensatory Fine)
137.101Â Â Â Â Compensatory
fine
(Restitution)
137.103Â Â Â Â Definitions
for ORS 137.101 to 137.109
137.106Â Â Â Â Restitution
to victims; objections by defendant
137.107Â Â Â Â Authority
of court to amend part of judgment relating to restitution
137.109Â Â Â Â Effect
of restitution order on other remedies of victim; credit of restitution against
subsequent civil judgment; effect of criminal judgment on subsequent civil
action
(Collection of Monetary Obligations)
137.118Â Â Â Â Assignment
of judgments for collection of monetary obligation; costs of collection
(Term and Place of Confinement)
137.120Â Â Â Â Term
of sentence; reasons to be stated on record
137.121Â Â Â Â Maximum
consecutive sentences
137.123Â Â Â Â Provisions
relating to concurrent and consecutive sentences
137.124Â Â Â Â Commitment
of defendant to Department of Corrections or county; place of confinement;
transfer of inmates; juveniles
(Community Service)
137.126Â Â Â Â Definitions
for ORS 137.126 to 137.131
137.128Â Â Â Â Community
service as part of sentence; effect of failure to perform community service
137.129Â Â Â Â Length
of community service sentence
137.131Â Â Â Â Community
service as condition of probation for offense involving graffiti
(Forfeiture of Weapons)
137.138Â Â Â Â Forfeiture
of weapons and revocation of hunting license for certain convictions
(Post-Judgment Procedures)
137.140Â Â Â Â Imprisonment
when county jail is not suitable for safe confinement
137.170Â Â Â Â Entry
of judgment in criminal action
137.175Â Â Â Â Judgment
in criminal action that effects release of defendant; delivery to sheriff
137.183Â Â Â Â Interest
on judgments; waiver; payments
137.210Â Â Â Â Taxation
of costs against complainant
137.220Â Â Â Â Clerk
to prepare trial court file
137.225Â Â Â Â Order
setting aside conviction or record of arrest; fees; prerequisites; limitations
(Alcoholic or Drug-Dependent Person)
137.227Â Â Â Â Evaluation
after conviction to determine if defendant is alcoholic or drug-dependent
person; agencies to perform evaluation
137.228Â Â Â Â Finding
that defendant is alcoholic or drug-dependent person; effect
137.229Â Â Â Â Duty
of Department of Corrections
(Effects of Felony Conviction)
137.230Â Â Â Â Definitions
for ORS 137.260
137.260Â Â Â Â Political
rights restored to persons convicted of felony before August 9, 1961, and
subsequently discharged
137.270Â Â Â Â Effect
of felony conviction on property of defendant
137.275Â Â Â Â Effect
of felony conviction on civil and political rights of felon
137.281Â Â Â Â Withdrawal
of rights during term of imprisonment; restoration of rights
137.285Â Â Â Â Retained
rights of felon; regulation of exercise
(Unitary Assessment)
137.290Â Â Â Â Unitary
assessment; amount; waiver
137.293Â Â Â Â All
monetary obligations constitute single obligation on part of convicted person
137.295Â Â Â Â Categories
of monetary obligations; order of crediting moneys received
137.300Â Â Â Â Criminal
Fine and Assessment Account; rules
137.301Â Â Â Â Legislative
findings
(
137.308Â Â Â Â Authorized
uses of assessments
137.309Â Â Â Â County
assessment; amount; collection; distribution
EXECUTION OF JUDGMENT
(Imprisonment)
137.310Â Â Â Â Authorizing
execution of judgment; detention of defendant
137.315Â Â Â Â Electronic
telecommunication of notice of judgment authorized
137.320Â Â Â Â Delivery
of defendant when committed to Department of Corrections; credit on sentence
137.330Â Â Â Â Where
judgment of imprisonment in county jail is executed
137.333Â Â Â Â Exception
to ORS 137.330
137.370Â Â Â Â Commencement
and computation of term of imprisonment in state penal or correctional
institution; sentences concurrent unless court orders otherwise
137.372Â Â Â Â Credit
for time served as part of probationary sentence
137.375Â Â Â Â Release
of prisoners whose terms expire on weekends or legal holidays
137.380Â Â Â Â Discipline,
treatment and employment of prisoners
137.390Â Â Â Â Commencement,
term and termination of term of imprisonment in county jail; treatment of
prisoners therein
137.440Â Â Â Â Return
by officer executing judgment; annexation to trial court file
137.450Â Â Â Â Enforcement
of money judgment in criminal action
137.452Â Â Â Â Satisfaction
of monetary obligation imposed as part of sentence; release of judgment lien
from real property; authority of Attorney General
(Death Sentence)
137.463Â Â Â Â Death
warrant hearing; death warrant
137.464Â Â Â Â Administrative
assessment of defendantÂ’s mental capacity
137.466Â Â Â Â Judicial
determination of defendantÂ’s mental capacity
137.467Â Â Â Â Delivery
of warrant when place of trial changed
137.473Â Â Â Â Means
of inflicting death; place and procedures; acquisition of lethal substance
137.476Â Â Â Â Assistance
by licensed health care professional or nonlicensed medically trained person
137.478Â Â Â Â Return
of death warrant after execution of sentence of death
137.482Â Â Â Â Service
of documents on defendant
PROBATION AND PAROLE BY COMMITTING MAGISTRATE
137.520Â Â Â Â Power
of committing magistrate to parole and grant temporary release to persons
confined in county jail; authority of sheriff to release county jail inmates;
disposition of work release earnings
137.523Â Â Â Â Custody
of person sentenced to confinement as condition of probation
137.525Â Â Â Â Probation
for person convicted of crime described in ORS 163.305 to 163.467; examination;
report; written consent of convicted person
137.530Â Â Â Â Investigation
and report of parole and probation officers; statement of victim
137.533Â Â Â Â Probation
without entering judgment of guilt; when appropriate; effect of violating
condition of probation
137.540Â Â Â Â Conditions
of probation; evaluation and treatment; effect of failure to abide by
conditions; modification
137.545Â Â Â Â Period
of probation; discharge from probation; proceedings in case of violation of
conditions
137.547Â Â Â Â Consolidation
of probation violation proceedings; rules
137.551Â Â Â Â Revocation
of probationary sentences; release dates; rules
137.553Â Â Â Â Use
of citations for probation violations authorized
137.557Â Â Â Â Citation;
procedure; contents
137.560Â Â Â Â Copies
of certain judgments to be sent to Department of Corrections
137.570Â Â Â Â Authority
to transfer probationer from one agency to another; procedure
137.580Â Â Â Â Effect
of transfer of probationer from one agency to another
137.590Â Â Â Â Appointment
of parole and probation officers and assistants; chief parole and probation
officer
137.592Â Â Â Â Policy
regarding probation violations
137.593Â Â Â Â Duty
of corrections agencies to impose structured, intermediate sanction for
probation violations
137.595Â Â Â Â Establishing
system of sanctions; rules
137.596Â Â Â Â Probation
violations; custodial sanctions; rules
137.597Â Â Â Â Probationer
may consent to imposition of sanctions
137.599Â Â Â Â Hearing
prior to, or after, imposition of sanctions
137.610Â Â Â Â Performance
by Department of Corrections staff of duties of parole and probation officers
appointed by judge
137.620Â Â Â Â Powers
of parole and probation officers; oath of office; bond; audit of accounts
137.630Â Â Â Â Duties
of parole and probation officers
DETERMINATE SENTENCES
137.635Â Â Â Â Determinate
sentences required for certain felony convictions
137.637Â Â Â Â Determining
length of determinate sentences
137.651Â Â Â Â Definitions
137.654Â Â Â Â Oregon
Criminal Justice Commission; membership; terms; meetings
137.656Â Â Â Â Purpose
and duties of commission; rules
137.658Â Â Â Â Authority
of chairperson to create committees within commission
137.661Â Â Â Â Agency
cooperation with commission
137.662Â Â Â Â
137.667Â Â Â Â Amendments
to sentencing guidelines; submitting to Legislative Assembly; rules
137.669Â Â Â Â Guidelines
control sentences; mandatory sentences
137.671Â Â Â Â Authority
of court to impose sentence outside guidelines
137.673Â Â Â Â Validity
of rules
MANDATORY MINIMUM SENTENCES AND ADULT
PROSECUTION OF 15-, 16- AND 17-YEAR-OLD OFFENDERS
137.700Â Â Â Â Offenses
requiring imposition of mandatory minimum sentences
137.705Â Â Â Â Definitions
for ORS 137.705 and 137.707
137.707Â Â Â Â Adult
prosecution of 15-, 16- or 17-year-old offenders; mandatory minimum sentences;
lesser included offenses; transfer to juvenile court
137.712Â Â Â Â Exceptions
to ORS 137.700 and 137.707
137.717Â Â Â Â Additional
offenses requiring imposition of presumptive sentences
137.719Â Â Â Â Presumptive
sentence for certain sex offenders
137.721Â Â Â Â Presumptive
sentences for certain methamphetamine offenses
SENTENCING REQUIREMENTS CONCERNING DEFENDANTÂ’S
ELIGIBILITY FOR CERTAIN TYPES OF LEAVE, RELEASE OR PROGRAMS
137.750Â Â Â Â Sentencing
requirements concerning defendantÂ’s eligibility for certain types of leave,
release or programs
137.752Â Â Â Â Requirements
when defendant committed to custody of county
137.754Â Â Â Â Authority
of court to modify judgment to comply with ORS 137.750 and 137.752
SEXUALLY VIOLENT DANGEROUS OFFENDERS
137.765Â Â Â Â Sexually
violent dangerous offenders; definitions; mandatory lifetime post-prison
supervision
137.767Â Â Â Â Presentence
investigation and examination
137.769Â Â Â Â DefendantÂ’s
right to independent examination
137.771Â Â Â Â Resentencing
hearing; petition; findings; modification of sentence
JUDGMENT
(Generally)
     137.010
Duty of court to ascertain and impose punishment. (1) The statutes that define offenses impose
a duty upon the court having jurisdiction to pass sentence in accordance with
this section or, for felonies committed on or after November 1, 1989, in
accordance with rules of the Oregon Criminal Justice Commission unless
otherwise specifically provided by law.
     (2) If it cannot be determined whether the
felony was committed on or after November 1, 1989, the defendant shall be
sentenced as if the felony had been committed prior to November 1, 1989.
     (3) Except when a person is convicted of a
felony committed on or after November 1, 1989, if the court is of the opinion
that it is in the best interests of the public as well as of the defendant, the
court may suspend the imposition or execution of any part of a sentence for any
period of not more than five years. The court may extend the period of
suspension beyond five years in accordance with subsection (4) of this section.
     (4) If the court suspends the imposition
or execution of a part of a sentence for an offense other than a felony
committed on or after November 1, 1989, the court may also impose and execute a
sentence of probation on the defendant for a definite or indefinite period of
not more than five years. However, upon a later finding that a defendant
sentenced to probation for a felony has violated a condition of the probation
and in lieu of revocation, the court may order the period of both the suspended
sentence and the sentence of probation extended until a date not more than six
years from the date of original imposition of sentence. Time during which the
probationer has absconded from supervision and a bench warrant has been issued
for the probationerÂ’s arrest shall not be counted in determining the time
elapsed since imposition of the sentence of probation.
     (5) If the court announces that it intends
to suspend imposition or execution of any part of a sentence, the defendant
may, at that time, object and request imposition of the full sentence. In no
case, however, does the defendant have a right to refuse the courtÂ’s order, and
the court may suspend imposition or execution of a part of the sentence despite
the defendantÂ’s objection or request. If the court further announces that it
intends to sentence the defendant to a period of probation, the defendant may,
at that time, object and request that a sentence of probation or its conditions
not be imposed or that different conditions be imposed. In no case, however,
does the defendant have the right to refuse a sentence of probation or any of
the conditions of the probation, and the court may sentence the defendant to
probation subject to conditions despite the defendantÂ’s objection or request.
     (6) The power of the judge of any court to
suspend execution of any part of a sentence or to sentence any person convicted
of a crime to probation shall continue until the person is delivered to the
custody of the Department of Corrections.
     (7) When a person is convicted of an
offense and the court does not suspend the imposition or execution of any part
of a sentence or when a suspended sentence or sentence of probation is revoked,
the court shall impose the following sentence:
     (a) A term of imprisonment;
     (b) A fine;
     (c) Both imprisonment and a fine; or
     (d) Discharge of the defendant.
     (8) This section does not deprive the
court of any authority conferred by law to enter a judgment for the forfeiture
of property, suspend or cancel a license, remove a person from office or impose
any other civil penalty. An order exercising that authority may be included as
part of the judgment of conviction.
     (9) When imposing sentence for a felony
committed on or after November 1, 1989, the court shall submit sentencing
information to the commission in accordance with rules of the commission.
     (10) A judgment of conviction that
includes a term of imprisonment for a felony committed on or after November 1,
1989, shall state the length of incarceration and the length of post-prison
supervision. The judgment of conviction shall also provide that if the defendant
violates the conditions of post-prison supervision, the defendant shall be
subject to sanctions including the possibility of additional imprisonment in
accordance with rules of the commission. [Amended by 1971 c.743 §322; 1981
c.181 §1; 1987 c.320 §27; 1989 c.790 §6; 1989 c.849 §1; 1993 c.14 §1; 2003
c.576 §388; 2005 c.10 §2]
     137.012
Suspension of imposition or execution of sentence of person convicted of
certain sexual offenses; term of probation. If the court suspends the imposition or execution of a part of a
sentence of, or imposes a sentence of probation on, any person convicted of
violating or attempting to violate ORS 163.365, 163.375, 163.395, 163.405,
163.408, 163.411, 163.425 or 163.427, the court shall sentence the defendant to
probation for a period of at least five years and no more than the maximum
statutory indeterminate sentence for the offense. [1991 c.831 §2; 1993 c.14 §2;
1993 c.301 §2; 1999 c.161 §3]
     Note: 137.012 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     137.013
Appearance by victim at time of sentencing. At the time of sentencing, the victim or the victimÂ’s next of kin has
the right to appear personally or by counsel, and has the right to reasonably
express any views concerning the crime, the person responsible, the impact of
the crime on the victim, and the need for restitution and compensatory fine. [1987
c.2 §10]
     137.015 [1971 c.328 §1; 1973 c.346 §1; 1979 c.341 §1;
1983 c.125 §1; 1985 c.277 §1; 1989 c.844 §1; repealed by 1987 c.905 §37]
     137.017
Disposition of fines, costs and forfeited security deposits received by court. Except as otherwise specifically provided by
law, all fines, costs and forfeited security deposits ordered paid in criminal
actions and proceedings, as defined in ORS 131.005, in the circuit court shall
be accounted for and distributed as provided in ORS 137.293 and 137.295, as
monetary obligations payable to the state. [1981 s.s. c.3 §102; 1983 c.763 §42;
1987 c.905 §5; 1999 c.1051 §253]
     137.020
Time for pronouncing judgment; delay; notice of right to appeal. (1) After a plea or verdict of guilty, or
after a verdict against the defendant on a plea of former conviction or
acquittal, if the judgment is not arrested or a new trial granted, the court
shall appoint a time for pronouncing judgment.
     (2)(a) The time appointed shall be at
least two calendar days after the plea or verdict if the court intends to
remain in session so long. If the court does not intend to remain in session at
least two calendar days, the time appointed may be sooner than two calendar
days, but shall be as remote a time as can reasonably be allowed. However, in
the latter case, the judgment shall not be given less than six hours after the
plea or verdict, except with the consent of the defendant.
     (b) Except for good cause shown or as
otherwise provided in this paragraph, a court shall not delay for more than 31
calendar days after the plea or verdict the sentencing of a defendant held in
custody on account of the pending proceedings. Except for good cause shown or
as otherwise provided in this paragraph, a court shall not delay for more than
56 calendar days after the plea or verdict the sentencing of a defendant not
held in custody on account of the pending proceedings. If the defendant is not
in custody and the court does not pronounce judgment within 56 calendar days
after the plea or verdict, any period of probation imposed as a part of a
subsequent judgment shall begin to run from the date of the plea or verdict.
     (3) If the defendant is in custody
following the verdict, the court shall pronounce judgment as soon as
practicable, but in any case within seven calendar days following the verdict
if no presentence investigation is ordered, and within seven calendar days
after delivery of the presentence report to the court if a presentence
investigation has been ordered; however, the court may delay pronouncement of
judgment beyond the limits of this subsection for good cause shown.
     (4) If the final calendar day a defendant
must be sentenced is not a judicial day then sentencing may be delayed until
the next judicial day.
     (5)(a) At the time a court pronounces
judgment the defendant, if present, shall be advised of the right to appeal and
of the procedure for protecting that right. If the defendant is not present,
the court shall advise the defendant in writing of the right to appeal and of
the procedure for protecting that right.
     (b) If the defendant is sentenced
subsequent to a plea of guilty or no contest or upon probation revocation or
sentence suspension, or if the defendant is resentenced after an order by an
appellate court or a post-conviction relief court, the court shall advise the
defendant of the limitations on appealability imposed by ORS 138.050 (1) and
138.222 (7). If the defendant is not present, the court shall advise the
defendant in writing of the limitations on appealability imposed by ORS 138.050
(1) and 138.222 (7).
     (6) If the defendant is financially
eligible for appointment of counsel at state expense on appeal under ORS
138.500, trial counsel shall determine whether the defendant wishes to pursue
an appeal. If the defendant wishes to pursue an appeal, trial counsel shall
transmit to the office of public defense services established under ORS
151.216, on a form prepared by the office, information necessary to perfect the
appeal. [Amended by 1971 c.565 §18a; 1987 c.242 §1; 1991 c.111 §12; 2001 c.644 §4;
2003 c.14 §57]
     137.030
Presence of defendant at pronouncement of judgment. For the purpose of giving judgment, if the
conviction is for:
     (1) A felony, the defendant shall be
personally present.
     (2) A misdemeanor, judgment may be given
in the absence of the defendant. [Amended by 1993 c.581 §1; 1997 c.827 §1; 2005
c.566 §9]
     137.040
Bringing defendant in custody to pronouncement of judgment. If the defendant is in custody, the court
shall:
     (1) Direct the officer in whose custody
the defendant is to bring the defendant before the court for judgment and the
officer shall do so accordingly; or
     (2) Ensure that arrangements for the
defendant to appear for judgment by simultaneous electronic transmission as
described in ORS 131.045 have been made. [Amended by 2005 c.566 §10]
     137.050
Nonattendance or nonappearance of released defendant when attendance required
by court. (1) If the
defendant has been released on a release agreement or security deposit and does
not appear for judgment when personal attendance is required by the court, the
court may order a forfeiture of the security deposit as provided in ORS
135.280. In addition, if the defendant fails to appear as required by the
release agreement or security deposit, the court may direct the clerk to issue
a bench warrant for the defendantÂ’s arrest.
     (2) At any time after the making of the
order for the bench warrant, the clerk, on the application of the district
attorney, shall issue such warrant, as by the order directed, whether the court
is sitting or not. [Amended by 1973 c.836 §257]
     137.060
Form of bench warrant. The
bench warrant shall be substantially in the following form:
______________________________________________________________________________
CIRCUIT COURT
FOR THE COUNTY OF
______, STATE OF
IN THE NAME OF THE STATE
OF
To any peace
officer in the State of
     A B having been on the ______ day of ______,
2___, convicted in this court of the crime of (designating it generally), you
are commanded to arrest the above-named defendant forthwith and bring the
defendant before such court for judgment or, if the court has adjourned for the
term, deliver the defendant into the custody of the jailor of this county. By
order of the court.
     Witness my hand and seal of said circuit
court, affixed at ______, in said county, this ______ day of ______, 2___.
     [L. S.]
C D, Clerk of the Court
______________________________________________________________________________
[Amended by
1957 c.659 §1; 1971 c.423 §1]
     137.070
Counties to which bench warrant may issue; service. The bench warrant mentioned in ORS 137.050
may issue to one or more counties of the state and may be served in the same
manner as any other warrant of arrest issued by a magistrate. [Amended by 1973
c.836 §258]
     137.071
Requirements for judgment documents. (1) The judge in a criminal action shall ensure that the creation and
filing of a judgment document complies with this section. On appeal, the
appellate court may give leave as provided in ORS 19.270 for entry of a
judgment document that complies with this section but may not reverse or set
aside a judgment, determination or disposition on the sole ground that the
judgment document fails to comply with this section.
     (2) A judgment document in a criminal
action must comply with ORS 18.038. In addition, a judgment document in a
criminal action must:
     (a) Indicate whether the defendant was
determined to be financially eligible for purposes of appointed counsel in the
action.
     (b) Indicate whether the court appointed
counsel for the defendant in the action.
     (c) If there is no attorney for the
defendant, indicate whether the defendant knowingly waived any right to an
attorney after having been informed of that right.
     (d) Include the identity of the recorder
or reporter for the proceeding or action who is to be served under ORS 138.081.
     (e) Include any information specifically
required by statute or by court rule.
     (f) Specify clearly the court’s
determination for each charge in the information, indictment or complaint.
     (g) Specify clearly the court’s
disposition, including all legal consequences the court establishes or imposes.
If the determination is one of conviction, the judgment document must include
any suspension of sentence, forfeiture, imprisonment, cancellation of license,
removal from office, monetary obligation, probation, conditions of probation,
discharge, restitution, community service and all other sentences and legal
consequences imposed by the court. Nothing in this paragraph requires the
judgment document to specify any consequences that may result from the
determination but are not established or imposed by the court.
     (h) Include the identities of the attorney
for the state and the attorney, if any, for the defendant.
     (3) A judgment document in a criminal
action that includes a money award, as defined in ORS 18.005, must comply with
ORS 18.048.
     (4) The requirements of this section do
not apply to a judgment document if the action was commenced by the issuance of
a uniform citation adopted under ORS 1.525 and the court has used the space on
the citation for the entry of a judgment. The exemption provided by this
subsection does not apply if any indictment, information or complaint other
than a uniform citation is filed in the action. [1989 c.472 §2; 1995 c.117 §1;
1997 c.526 §3; 2001 c.962 §88; 2003 c.300 §§1,2; 2003 c.576 §162]
     137.072 [1967 c.585 §2; repealed by 1973 c.836 §358]
     137.073 [1989 c.472 §3; repealed by 2003 c.576 §580]
     137.074
Fingerprints of convicted felons and certain misdemeanants required. When a person is convicted of a felony, a
Class A misdemeanor or a sex crime, as defined in ORS 181.594, the court shall
ensure that the personÂ’s fingerprints have been taken. The law enforcement
agency attending upon the court is the agency responsible for obtaining the
fingerprints. The agency attending upon the court may, by agreement, arrange
for another law enforcement agency to obtain the fingerprints on its behalf. [1989
c.790 §19; 1997 c.538 §14]
     Note: 137.074 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 137 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
     137.075 [1967 c.585 §3; 1971 c.743 §323; repealed by
1973 c.836 §358]
     137.076
Blood or buccal sample and thumbprint of certain convicted defendants required;
application. (1) This
section applies to any person convicted of:
     (a) A felony;
     (b) Sexual abuse in the third degree or
public indecency;
     (c) Conspiracy or attempt to commit rape
in the third degree, sodomy in the third degree, sexual abuse in the second
degree, burglary in the second degree or promoting prostitution; or
     (d) Murder or aggravated murder.
     (2) When a person is convicted of an
offense listed in subsection (1) of this section:
     (a) The person shall, whether or not
ordered to do so by the court under paragraph (b) of this subsection, provide a
blood or buccal sample at the request of the appropriate agency designated in
paragraph (c) of this subsection.
     (b) The court shall include in the
judgment of conviction an order stating that a blood or buccal sample is
required to be obtained at the request of the appropriate agency and, unless
the convicted person lacks the ability to pay, that the person shall reimburse
the appropriate agency for the cost of obtaining and transmitting the blood or
buccal sample. If the judgment sentences the convicted person to probation, the
court shall order the convicted person to submit to the obtaining of a blood or
buccal sample as a condition of the probation.
     (c) The appropriate agency shall cause a
blood or buccal sample to be obtained and transmitted to the Department of
State Police. The agency shall cause the sample to be obtained as soon as
practicable after conviction. The agency shall obtain the convicted personÂ’s
thumbprint at the same time the agency obtains the blood or buccal sample. The
agency shall include the thumbprint with the identifying information that
accompanies the sample. Whenever an agency is notified by the Department of
State Police that a sample is not adequate for analysis, the agency shall
obtain and transmit a blood sample. The appropriate agency shall be:
     (A) The Department of Corrections,
whenever the convicted person is committed to the legal and physical custody of
the department.
     (B) In all other cases, the law
enforcement agency attending upon the court.
     (3)(a) A blood sample may only be drawn in
a medically acceptable manner by a licensed professional nurse, a licensed
practical nurse, a qualified medical technician, a licensed physician or a
person acting under the direction or control of a licensed physician.
     (b) A buccal sample may be obtained by
anyone authorized to do so by the appropriate agency. The person obtaining the
buccal sample shall follow the collection procedures established by the
Department of State Police.
     (c) A person authorized by this subsection
to obtain a blood or buccal sample shall not be held civilly liable for
obtaining a sample in accordance with this subsection and subsection (2) of
this section, ORS 161.325 and 419C.473. The sample shall also be obtained and
transmitted in accordance with any procedures that may be established by the
Department of State Police. However, no test result or opinion based upon a test
result shall be rendered inadmissible as evidence solely because of deviations
from procedures adopted by the Department of State Police that do not affect
the reliability of the opinion or test result.
     (4) No sample is required to be obtained
if:
     (a) The Department of State Police
notifies the court or the appropriate agency that it has previously received an
adequate blood or buccal sample obtained from the convicted person in
accordance with this section or ORS 161.325 or 419C.473; or
     (b) The court determines that obtaining a
sample would create a substantial and unreasonable risk to the health of the
convicted person.
     (5) The provisions of subsections (1) to
(4) of this section apply to any person who, on or after September 29, 1991, is
serving a term of incarceration as a sentence or as a condition of probation
imposed for conviction of an offense listed in subsection (1) of this section,
and any such person shall submit to the obtaining of a blood or buccal sample.
Before releasing any such person from incarceration, the supervisory authority
shall cause a blood or buccal sample and the personÂ’s thumbprint to be obtained
and transmitted in accordance with subsections (1) to (4) of this section. [1991
c.669 §§2,5; 1993 c.14 §3; 1993 c.33 §298; 1993 c.301 §3; 1999 c.97 §1; 2001
c.852 §1]
     Note: 137.076 (5) was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(Presentence
Report)
     137.077
Presentence report; general principles of disclosure. The presentence report is not a public
record and shall be available only to:
     (1) The sentencing court for the purpose
of assisting the court in determining the proper sentence to impose and to
other judges who participate in a sentencing council discussion of the
defendant. The sentencing judge may disclose information from the presentence
report that is necessary to address the content of the report, examine the
reasoning for a sentencing recommendation or to explain the reasons for the
sentence imposed. Appellate judges may disclose information from the
presentence report that is necessary for legal analysis of the case or to
report the reasoning of the appellate court.
     (2) The Department of Corrections, State
Board of Parole and Post-Prison Supervision and other persons or agencies
having a legitimate professional interest in the information likely to be
contained therein. These agencies or persons may make the presentence report,
or any reports based on the contents of that report, available to the victim.
     (3) Appellate or review courts where
relevant to an issue on which an appeal is taken or post-conviction relief
sought.
     (4) The district attorney, the defendant
or the counsel of the defendant, as provided in ORS 137.079. The district
attorney and counsel of the defendant may retain a copy of the presentence
report as a part of the permanent records of the case. The district attorney
and counsel of the defendant may disclose the contents of the presentence
report to individuals or agencies when preparing for the sentencing of the
defendant. “Individuals and agencies” include victims, psychologists,
psychiatrists, medical doctors and any other person or agency who may assist
the state or the defendant at the time of sentencing. [1973 c.836 §260; 1987
c.320 §28; 1989 c.408 §1]
     137.079
Presentence report; other writings considered in imposing sentence; disclosure
to parties; courtÂ’s authority to except parts from disclosure. (1) A copy of the presentence report and all
other written information concerning the defendant that the court considers in
the imposition of sentence shall be made available to the district attorney,
the defendant or defendantÂ’s counsel at least five judicial days before the
sentencing of the defendant. All other written information, when received by
the court outside the presence of counsel, shall either be summarized by the
court in a memorandum available for inspection or summarized by the court on the
record before sentence is imposed.
     (2) The court may except from disclosure
parts of the presentence report or other written information described in
subsection (1) of this section which are not relevant to a proper sentence,
diagnostic opinions which might seriously disrupt a program of rehabilitation
if known by the defendant, or sources of information which were obtainable with
an expectation of confidentiality.
     (3) If parts of the presentence report or
other written information described in subsection (1) of this section are not
disclosed under subsection (2) of this section, the court shall inform the
parties that information has not been disclosed and shall state for the record
the reasons for the courtÂ’s action. The action of the court in excepting information
shall be reviewable on appeal.
     (4) A defendant who is being sentenced for
felonies committed prior to November 1, 1989, may file a written motion to
correct the criminal history contained in the presentence report prior to the
date of sentencing. At sentencing, the court shall consider defendantÂ’s motion
to correct the presentence report and shall correct any factual errors in the
criminal history contained in that report. An order allowing or denying a
motion made pursuant to this subsection shall not be reviewable on appeal. If
corrections are made by the court, only corrected copies of the report shall be
provided to individuals or agencies pursuant to ORS 137.077.
     (5)(a) The provisions of this subsection
apply only to a defendant being sentenced for a felony committed on or after
November 1, 1989.
     (b) Except as otherwise provided in
paragraph (c) of this subsection, the defendantÂ’s criminal history as set forth
in the presentence report shall satisfy the stateÂ’s burden of proof as to the
defendantÂ’s criminal history.
     (c) Prior to the date of sentencing, the
defendant shall notify the district attorney and the court in writing of any
error in the criminal history as set forth in the presentence report. Except to
the extent that any disputed portion is later changed by agreement of the
district attorney and defendant with the approval of the court, the state shall
have the burden of proving by a preponderance of evidence any disputed part of
the defendantÂ’s criminal history. The court shall allow the state reasonable
time to produce evidence to meet its burden.
     (d) The court shall correct any error in
the criminal history as reflected in the presentence report.
     (e) If corrections to the presentence
report are made by the court, only corrected copies of the report shall be
provided to individuals or agencies pursuant to ORS 137.077.
     (f) Except as provided in ORS 138.222, the
courtÂ’s decision on issues relating to a defendantÂ’s criminal history shall not
be reviewable on appeal. [1973 c.836 §261; 1977 c.372 §11; 1983 c.649 §1; 1989
c.408 §2; 1989 c.790 §8]
(Aggravation
or Mitigation)
     137.080
Consideration of circumstances in aggravation or mitigation of punishment. (1) After a plea or verdict of guilty, or
after a verdict against the defendant on a plea of former conviction or
acquittal, in a case where discretion is conferred upon the court as to the
extent of the punishment to be inflicted, the court, upon the suggestion of
either party that there are circumstances which may be properly considered in
aggravation or mitigation of the punishment, may, in its discretion, hear the
same summarily at a specified time and upon such notice to the adverse party as
it may direct.
     (2) Notwithstanding any other provision of
law, the consideration of aggravating and mitigating circumstances as to
felonies committed on or after November 1, 1989, including the maximum sentence
that may be imposed because of aggravating circumstances, shall be in
accordance with rules of the Oregon Criminal Justice Commission. [Amended by
1989 c.790 §9]
     137.085
Age and physical disability of victim as factors in sentencing. When a court sentences a defendant convicted
of any crime involving a physical or sexual assault, the court shall give
consideration to a victimÂ’s particular vulnerability to injury in such case,
due to the victimÂ’s youth, advanced age or physical disability. Such particular
vulnerability of the victim is a fact enhancing the seriousness of any assault,
and the court shall consider it as such in imposing the sentence within the
limits otherwise provided by law. [1985 c.767 §1]
     Note: 137.085 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.090
Considerations in determining aggravation or mitigation. (1) In determining aggravation or
mitigation, the court shall consider:
     (a) Any evidence received during the
proceeding;
     (b) The presentence report, where one is
available; and
     (c) Any other evidence relevant to
aggravation or mitigation that the court finds trustworthy and reliable.
     (2) When a witness is so sick or infirm as
to be unable to attend, the deposition of the witness may be taken out of court
at such time and place, and upon such notice to the adverse party, and before
such person authorized to take depositions, as the court directs. [Amended by
1965 c.400 §1; 1973 c.836 §259; 1989 c.790 §10]
     137.100
Defendant as witness in relation to circumstances. If the defendant consents thereto, the
defendant may be examined as a witness in relation to the circumstances which
are alleged to justify aggravation or mitigation of the punishment; but if the
defendant gives testimony at the request of the defendant, then the defendant
must submit to be examined generally by the adverse party.
(Compensatory
Fine)
     137.101
Compensatory fine. (1)
Whenever the court imposes a fine as penalty for the commission of a crime
resulting in injury for which the person injured by the act constituting the
crime has a remedy by civil action, unless the issue of punitive damages has
been previously decided on a civil case arising out of the same act and
transaction, the court may order that the defendant pay any portion of the fine
separately to the clerk of the court as compensatory fines in the case. The
clerk shall pay over to the injured victim or victims, as directed in the courtÂ’s
order, moneys paid to the court as compensatory fines under this subsection.
This section shall be liberally construed in favor of victims.
     (2) Compensatory fines may be awarded in
addition to restitution awarded under ORS 137.103 to 137.109.
     (3) Nothing in this section limits or
impairs the right of a person injured by a defendantÂ’s criminal acts to sue and
recover damages from the defendant in a civil action. Evidence that the
defendant has paid or been ordered to pay compensatory fines under this section
may not be introduced in any civil action arising out of the facts or events
which were the basis for the compensatory fine. However, the court in such
civil action shall credit any compensatory fine paid by the defendant to a
victim against any judgment for punitive damages in favor of the victim in the
civil action. [1981 c.637 §2; 1987 c.2 §11]
(Restitution)
     137.103
Definitions for ORS 137.101 to 137.109. As used in ORS 137.101 to 137.109, 161.675 and 161.685:
     (1) “Criminal activities” means any
offense with respect to which the defendant is convicted or any other criminal
conduct admitted by the defendant.
     (2) “Economic damages”:
     (a) Has the meaning given that term in ORS
31.710, except that “economic damages” does not include future impairment of
earning capacity; and
     (b) In cases involving criminal activities
described in ORS 163.263, 163.264 or 163.266, includes the greater of:
     (A) The value to the defendant of the
victimÂ’s services as defined in ORS 163.261; or
     (B) The value of the victim’s services, as
defined in ORS 163.261, computed using the minimum wage established under ORS
653.025 and the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
     (3) “Restitution” means full, partial or
nominal payment of economic damages to a victim. Restitution is independent of
and may be awarded in addition to a compensatory fine awarded under ORS
137.101.
     (4) “Victim” means:
     (a) The person against whom the defendant
committed the criminal offense, if the court determines that the person has
suffered economic damages as a result of the offense.
     (b) Any person not described in paragraph
(a) of this subsection whom the court determines has suffered economic damages
as a result of the defendantÂ’s criminal activities.
     (c) The Criminal Injuries Compensation
Account, if it has expended moneys on behalf of a victim described in paragraph
(a) of this subsection.
     (d) An insurance carrier, if it has
expended moneys on behalf of a victim described in paragraph (a) of this
subsection.
     (5) “Victim” does not include any
coparticipant in the defendant’s criminal activities. [1977 c.371 §1; 1981
c.637 §1; 1983 c.488 §1; 1983 c.740 §16; 1987 c.905 §16; 2005 c.564 §1; 2005
c.642 §4; 2007 c.811 §5]
     137.106
Restitution to victims; objections by defendant. (1) When a person is convicted of a crime,
or a violation as described in ORS 153.008, that has resulted in economic
damages, the district attorney shall investigate and present to the court,
prior to the time of sentencing, evidence of the nature and amount of the
damages. If the court finds from the evidence presented that a victim suffered
economic damages, in addition to any other sanction it may impose, the court
shall include one of the following in the judgment:
     (a) A requirement that the defendant pay
the victim restitution in a specific amount that equals the full amount of the
victimÂ’s economic damages as determined by the court.
     (b) A requirement that the defendant pay
the victim restitution, and that the specific amount of restitution will be
established by a supplemental judgment based upon a determination made by the
court within 90 days of entry of the judgment. In the supplemental judgment,
the court shall establish a specific amount of restitution that equals the full
amount of the victimÂ’s economic damages as determined by the court. The court
may extend the time within which the determination and supplemental judgment
may be completed for good cause. The lien, priority of the lien and ability to
enforce the specific amount of restitution established under this paragraph by
a supplemental judgment relates back to the date of the original judgment that
is supplemented.
     (c)(A) A requirement that the defendant
pay the victim restitution in a specific amount that is less than the full
amount of the victimÂ’s economic damages, with the consent of the victim.
     (B) If the defendant is convicted of a
person felony, as that term is defined in the rules of the Oregon Criminal
Justice Commission, a requirement that the defendant pay the victim restitution
in a specific amount that is less than the full amount of the victimÂ’s economic
damages, only with the written consent of the victim.
     (2) After the district attorney makes a
presentation described in subsection (1) of this section, if the court is
unable to find from the evidence presented that a victim suffered economic
damages, the court shall make a finding on the record to that effect.
     (3) No finding made by the court or
failure of the court to make a finding under this section limits or impairs the
rights of a person injured to sue and recover damages in a civil action as
provided in ORS 137.109.
     (4)(a) If a judgment or supplemental
judgment described in subsection (1) of this section includes restitution, a
court may delay the enforcement of the monetary sanctions, including
restitution, only if the defendant alleges and establishes to the satisfaction
of the court the defendantÂ’s inability to pay the judgment in full at the time
the judgment is entered. If the court finds that the defendant is unable to
pay, the court may establish or allow an appropriate supervising authority to
establish a payment schedule, taking into consideration the financial resources
of the defendant and the burden that payment of restitution will impose, with
due regard to the other obligations of the defendant. The supervising authority
shall be authorized to modify any payment schedule established under this
section.
     (b) As used in this subsection, “supervising
authority” means any state or local agency that is authorized to supervise the
defendant.
     (5) If the defendant objects to the
imposition, amount or distribution of the restitution, the court shall allow
the defendant to be heard on such issue at the time of sentencing or at the
time the court determines the amount of restitution. [1977 c.371 §2; 1983 c.724
§1; 1993 c.533 §1; 1997 c.313 §23; 1999 c.1051 §124; 2003 c.670 §1; 2005 c.564 §2;
2007 c.425 §1; 2007 c.482 §1]
     137.107
Authority of court to amend part of judgment relating to restitution. At any time after entry of a judgment upon
conviction of a crime, the court may amend that part of the judgment relating
to restitution if, in the original judgment, the court included language
imposing, recommending or requiring restitution but failed to conform the
judgment to the requirements of ORS 18.048 or any other law governing the form
of judgments in effect before January 1, 2004. [1997 c.526 §2; 2003 c.576 §163]
     Note: 137.107 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.109
Effect of restitution order on other remedies of victim; credit of restitution
against subsequent civil judgment; effect of criminal judgment on subsequent
civil action. (1) Nothing in
ORS 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 limits
or impairs the right of a person injured by a defendantÂ’s commission of a
crime, or by a defendantÂ’s commission of a violation described in ORS 153.008,
to sue and recover damages from the defendant in a civil action. Evidence that
the defendant has paid or been ordered to pay restitution pursuant to ORS
137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 may not be
introduced in any civil action arising out of the facts or events that were the
basis for the restitution. However, the court shall credit any restitution paid
by the defendant to a victim against any judgment in favor of the victim in
such civil action.
     (2) If conviction in a criminal trial
necessarily decides the issue of a defendantÂ’s liability for economic damages
of a victim, that issue is conclusively determined as to the defendant if it is
involved in a subsequent civil action. [1977 c.371 §7; 1993 c.533 §2; 1997
c.526 §4; 1999 c.1051 §125; 2005 c.564 §3]
     137.110 [Repealed by 1973 c.836 §358]
     137.111 [1955 c.636 §3; 1961 c.424 §1; repealed by
1971 c.743 §432]
     137.112 [1953 c.641 §2; 1955 c.252 §1; 1955 c.636 §1;
1961 c.424 §2; repealed by 1971 c.743 §432]
     137.113 [1953 c.641 §3; 1955 c.252 §2; 1961 c.424 §3;
repealed by 1971 c.743 §432]
     137.114 [1953 c.641 §4; repealed by 1971 c.743 §432]
     137.115 [1953 c.641 §5; repealed by 1971 c.743 §432]
     137.116 [1953 c.641 §6; 1955 c.252 §3; 1955 c.636 §2;
repealed by 1961 c.424 §9]
     137.117 [1955 c.636 §10; 1961 c.266 §1; 1961 c.424 §4;
repealed by 1971 c.743 §432]
(Collection
of Monetary Obligations)
     137.118
Assignment of judgments for collection of monetary obligation; costs of
collection. (1) Judgments in
criminal actions that impose monetary obligations, including judgments
requiring the payment of fines, costs, assessments, compensatory fines,
attorney fees, forfeitures or restitution, may be assigned by the state, by a
municipal court or by a justice court for collection.
     (2)(a) The state may assign a judgment to
the Department of Revenue or a private collection agency.
     (b) A justice court may assign a judgment
to a private collection agency or, in a criminal action, to the Department of
Revenue for the purposes described in ORS 156.315.
     (c) A municipal court may assign a
judgment to:
     (A) A private collection agency; or
     (B) The Department of Revenue for the
purposes described in subsections (6) to (8) of this section, if the judgment
was entered in a criminal action and part of the judgment is payable to the
State of
     (d) Nothing in this subsection limits the
right of a municipal court or a justice court to assign for collection
judgments in matters other than criminal actions.
     (3) A municipal or justice court may add
to any judgment in a criminal action that includes a monetary obligation a fee
for the cost of collection if the court gives the defendant a period of time to
pay the obligation after the date of imposition of the sentence or after the
date of the hearing or proceeding that results in the imposition of the
financial obligation. The fee may not exceed 25 percent of the monetary
obligation imposed by the court without the addition of the cost of collection
and may not be more than $250. The fee shall be waived or suspended by the
court if the defendant pays the monetary obligation in the manner required by
the court.
     (4) A state court shall add to any
judgment in a criminal action that includes a monetary obligation the fees
required by ORS 1.202.
     (5) As used in subsections (1) to (5) of
this section, “criminal action” has the meaning given that term in ORS 131.005.
     (6) If part of a judgment in a criminal
action, as described in subsections (1) to (5) of this section, is payable to
the State of Oregon, a municipal court may assign the judgment to the
Collections Unit in the Department of Revenue for the following purposes:
     (a) To determine whether refunds or other
sums are owed to the debtor by the department; and
     (b) To deduct the amount of debt from any
refunds or other sums owed to the debtor by the department.
     (7) If the Collections Unit determines
that refunds or other sums are owed to the debtor, the department shall deduct
the amount of the debt from any refunds or other sums owed to the debtor by the
department. After also deducting costs of its actions under subsections (6) to
(8) of this section, the department shall remit the amount deducted from
refunds or other sums owed to the debtor to the municipal court that assigned
the judgment.
     (8) A debtor whose account is assigned to
the Department of Revenue for setoff under subsections (6) to (8) of this
section is entitled to the notice required by ORS 293.250 (3)(d) and to the
opportunity for payment in ORS 293.250 (3)(c). [1993 c.531 §1; 1995 c.512 §2;
1997 c.801 §99; 1999 c.64 §1; 2001 c.823 §19; 2003 c.375 §1; subsections (6) to
(8) of 2005 Edition enacted as 2005 c.501 §1; 2005 c.501 §2]
     Note: 137.118 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.119 [1963 c.320 §1; 1969 c.502 §3; 1969 c.597 §124;
repealed by 1971 c.743 §432]
(Term and
Place of Confinement)
     137.120
Term of sentence; reasons to be stated on record. (1) Whenever any person is convicted of a
felony committed prior to November 1, 1989, the court shall, unless it imposes
other than a sentence to serve a term of imprisonment in the custody of the
Department of Corrections, sentence such person to imprisonment for an
indeterminate period of time, but stating and fixing in the judgment and
sentence a maximum term for the crime, which shall not exceed the maximum term
of imprisonment provided by law therefor; and judgment shall be given
accordingly. Such a sentence shall be known as an indeterminate sentence. The
court shall state on the record the reasons for the sentence imposed.
     (2) Whenever any person is convicted of a
felony committed on or after November 1, 1989, the court shall impose sentence
in accordance with rules of the Oregon Criminal Justice Commission.
     (3) This section does not affect the
indictment, prosecution, trial, verdict, judgment or punishment of any felony
committed before June 14, 1939, and all laws now and before that date in effect
relating to such a felony are continued in full force and effect as to such a
felony. [Amended by 1967 c.372 §2; 1971 c.743 §324; 1977 c.372 §12; 1987 c.320 §29;
1989 c.790 §11]
     137.121
Maximum consecutive sentences.
Notwithstanding any other provision of law, but subject to ORS 161.605, the
maximum consecutive sentences which may be imposed for felonies committed on or
after November 1, 1989, whether as terms of imprisonment, probation or both,
shall be as provided by rules of the Oregon Criminal Justice Commission. [1989
c.790 §14]
     Note: 137.121 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.122 [1985 c.722 §2; repealed by 1991 c.67 §28]
     137.123
Provisions relating to concurrent and consecutive sentences. (1) A sentence imposed by the court may be
made concurrent or consecutive to any other sentence which has been previously
imposed or is simultaneously imposed upon the same defendant. The court may
provide for consecutive sentences only in accordance with the provisions of
this section. A sentence shall be deemed to be a concurrent term unless the
judgment expressly provides for consecutive sentences.
     (2) If a defendant is simultaneously
sentenced for criminal offenses that do not arise from the same continuous and
uninterrupted course of conduct, or if the defendant previously was sentenced
by any other court within the United States to a sentence which the defendant
has not yet completed, the court may impose a sentence concurrent with or
consecutive to the other sentence or sentences.
     (3) When a defendant is sentenced for a
crime committed while the defendant was incarcerated after sentencing for the
commission of a previous crime, the court shall provide that the sentence for
the new crime be consecutive to the sentence for the previous crime.
     (4) When a defendant has been found guilty
of more than one criminal offense arising out of a continuous and uninterrupted
course of conduct, the sentences imposed for each resulting conviction shall be
concurrent unless the court complies with the procedures set forth in
subsection (5) of this section.
     (5) The court has discretion to impose
consecutive terms of imprisonment for separate convictions arising out of a
continuous and uninterrupted course of conduct only if the court finds:
     (a) That the criminal offense for which a
consecutive sentence is contemplated was not merely an incidental violation of
a separate statutory provision in the course of the commission of a more
serious crime but rather was an indication of defendantÂ’s willingness to commit
more than one criminal offense; or
     (b) The criminal offense for which a
consecutive sentence is contemplated caused or created a risk of causing
greater or qualitatively different loss, injury or harm to the victim or caused
or created a risk of causing loss, injury or harm to a different victim than
was caused or threatened by the other offense or offenses committed during a
continuous and uninterrupted course of conduct. [1987 c.2 §12; 1991 c.67 §29;
1991 c.111 §14; 1995 c.657 §2; 2003 c.14 §58]
     137.124
Commitment of defendant to Department of Corrections or county; place of
confinement; transfer of inmates; juveniles. (1) If the court imposes a sentence upon conviction of a felony that
includes a term of incarceration that exceeds 12 months:
     (a) The court shall not designate the
correctional facility in which the defendant is to be confined but shall commit
the defendant to the legal and physical custody of the Department of
Corrections; and
     (b) If the judgment provides that the term
of incarceration be served consecutively to a term of incarceration of 12
months or less that was imposed in a previous proceeding by a court of this
state upon conviction of a felony, the defendant shall serve any remaining part
of the previously imposed term of incarceration in the legal and physical custody
of the Department of Corrections.
     (2)(a) If the court imposes a sentence
upon conviction of a felony that includes a term of incarceration that is 12
months or less, the court shall commit the defendant to the legal and physical
custody of the supervisory authority of the county in which the crime of
conviction occurred.
     (b) Notwithstanding paragraph (a) of this
subsection, when the court imposes a sentence upon conviction of a felony that
includes a term of incarceration that is 12 months or less, the court shall
commit the defendant to the legal and physical custody of the Department of
Corrections if the court orders that the term of incarceration be served
consecutively to a term of incarceration that exceeds 12 months that was
imposed in a previous proceeding or in the same proceeding by a court of this
state upon conviction of a felony.
     (3) After assuming custody of the
convicted person the Department of Corrections may transfer inmates from one
correctional facility to another such facility for the purposes of diagnosis
and study, rehabilitation and treatment, as best seems to fit the needs of the
inmate and for the protection and welfare of the community and the inmate.
     (4) If the court imposes a sentence of
imprisonment upon conviction of a misdemeanor, it shall commit the defendant to
the custody of the supervisory authority of the county in which the crime of
conviction occurred.
     (5)(a) When a person under 18 years of age
at the time of committing the offense and under 20 years of age at the time of
sentencing is committed to the Department of Corrections under ORS 137.707, the
Department of Corrections shall transfer the physical custody of the person to
the Oregon Youth Authority as provided in ORS 420.011 if:
     (A) The person will complete the sentence
imposed before the person attains 25 years of age; or
     (B) The Department of Corrections and the
Oregon Youth Authority determine that, because of the personÂ’s age, immaturity,
mental or emotional condition or risk of physical harm to the person, the
person should not be incarcerated initially in a Department of Corrections
institution.
     (b) A person placed in the custody of the
Oregon Youth Authority under this subsection shall be returned to the physical
custody of the Department of Corrections whenever the Director of the Oregon
Youth Authority, after consultation with the Department of Corrections,
determines that the conditions or circumstances that warranted the transfer of
custody under this subsection are no longer present.
     (6)(a) When a person under 18 years of age
at the time of committing the offense and under 20 years of age at the time of
sentencing is committed to the legal and physical custody of the Department of
Corrections or the supervisory authority of a county following waiver under ORS
419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS 137.707
(5)(b)(A) or (7)(b) or 137.712, the Department of Corrections or the
supervisory authority of a county shall transfer the person to the physical
custody of the Oregon Youth Authority for placement as provided in ORS 420.011
(3). The terms and conditions of the personÂ’s incarceration and custody are
governed by ORS 420A.200 to 420A.206.
     (b) When a person under 16 years of age is
waived under ORS 419C.349, 419C.352, 419C.364 or 419C.370 and subsequently is
sentenced to a term of imprisonment in the county jail, the sheriff shall
transfer the person to a youth correction facility for physical custody as
provided in ORS 420.011 (3).
     (7) If the Director of the Oregon Youth
Authority concurs in the decision, the Department of Corrections or the
supervisory authority of a county shall transfer the physical custody of a
person committed to the Department of Corrections or the supervisory authority
of the county under subsection (1) or (2) of this section to the Oregon Youth
Authority as provided in ORS 420.011 (2) if:
     (a) The person was at least 18 years of
age but under 20 years of age at the time of committing the felony for which
the person is being sentenced to a term of incarceration;
     (b) The person is under 20 years of age at
the time of commitment to the Department of Corrections or the supervisory
authority of the county;
     (c) The person has not been committed
previously to the legal and physical custody of the Department of Corrections
or the supervisory authority of a county;
     (d) The person has not been convicted and
sentenced to a term of incarceration for the commission of a felony in any
other state;
     (e) The person will complete the term of
incarceration imposed before the person attains 25 years of age;
     (f) The person is likely in the
foreseeable future to benefit from the rehabilitative and treatment programs
administered by the Oregon Youth Authority;
     (g) The person does not pose a substantial
danger to Oregon Youth Authority staff or persons in the custody of the Oregon
Youth Authority; and
     (h) At the time of the proposed transfer,
no more than 50 persons are in the physical custody of the Oregon Youth
Authority under this subsection.
     (8) Notwithstanding the provisions of
subsections (5)(a)(A) or (7) of this section, the department or the supervisory
authority of a county may not transfer the physical custody of the person under
subsection (5)(a)(A) or (7) of this section if the Director of the Oregon Youth
Authority, after consultation with the Department of Corrections or the
supervisory authority of a county, determines that, because of the personÂ’s
age, mental or emotional condition or risk of physical harm to other persons,
the person should not be incarcerated in a youth correction facility. [1967
c.585 §4; 1971 c.743 §325; 1973 c.836 §262; 1985 c.631 §5; 1987 c.320 §30; 1993
c.33 §299; 1993 c.546 §118; 1995 c.422 §§57,57a; 1995 c.423 §12a; 1999 c.109 §5]
     137.125 [1955 c.660 §3; repealed by 1967 c.585 §8]
(Community
Service)
     137.126
Definitions for ORS 137.126 to 137.131. As used in ORS 137.126 to 137.131:
     (1) “Community service” means
uncompensated labor for an agency whose purpose is to enhance physical or
mental stability, environmental quality or the social welfare.
     (2) “Agency” means a nonprofit
organization or public body agreeing to accept community service from offenders
and to report on the progress of ordered community service to the court or its
delegate. [1981 c.551 §2]
     137.127 [1955 c.660 §5; repealed by 1967 c.585 §8]
     137.128
Community service as part of sentence; effect of failure to perform community
service. (1) A judge may
sentence an offender to community service either as an alternative to
incarceration or fine or probation, or as a condition of probation. Prior to
such order of community service the offender must consent to donate labor for
the welfare of the public. The court or its delegate may select community
service tasks that are within the offenderÂ’s capabilities and are to be
performed within a reasonable length of time during hours the offender is not
working or attending school.
     (2) Failure to perform a community service
sentence may be grounds for revocation of probation or contempt of court. [1981
c.551 §§3,5]
     137.129
Length of community service sentence. The length of a community service sentence shall be within these
limits:
     (1) For a violation, not more than 48
hours.
     (2) For a misdemeanor other than driving
under the influence of intoxicants in violation of ORS 813.010, not more than
160 hours.
     (3)(a) For a felony committed prior to
November 1, 1993, not more than 500 hours.
     (b) For a felony committed on or after
November 1, 1993, as provided in the rules of the Oregon Criminal Justice
Commission.
     (4) For a violation of driving under the
influence of intoxicants under ORS 813.010, not less than 80 hours or more than
250 hours. [1981 c.551 §4; 1983 c.721 §1; 1985 c.16 §447; 1993 c.692 §3; 1999
c.1051 §68a]
     137.130 [Repealed by 1987 c.550 §5]
     137.131
Community service as condition of probation for offense involving graffiti. (1) The court shall impose community service
as a condition of a probation sentence when a person is convicted of criminal
mischief and the conduct engaged in consists of defacing property by creating
graffiti unless the sentence includes incarceration in a county jail or a state
correctional institution.
     (2) The community service must include
removing graffiti, either those that the defendant created or those created by
another, or both.
     (3) If the defendant does not consent to
donate labor as required by ORS 137.128, the period of community service must
be served under the supervision and control of the Department of Corrections. [1995
c.615 §5]
(Forfeiture
of Weapons)
     137.138
Forfeiture of weapons and revocation of hunting license for certain
convictions. (1) In addition
to and not in lieu of any other sentence it may impose, a court shall require a
defendant convicted under ORS 164.365, 166.663, 167.315, 498.056 or 498.146 or
other state, county or municipal laws, for an act involving or connected with
injuring, damaging, mistreating or killing a livestock animal, to forfeit any
rights in weapons used in connection with the act underlying the conviction.
     (2) In addition to and not in lieu of any
other sentence it may impose, a court shall revoke any hunting license
possessed by a defendant convicted as described in subsection (1) of this
section.
     (3) The State Fish and Wildlife Director
shall refuse to issue a hunting license to a defendant convicted as described
under subsection (1) of this section for a period of two years following the
conviction.
     (4) As used in this section, “livestock
animal” has the meaning given in ORS 164.055. [1999 c.766 §1; 2001 c.666 §§27,39;
2005 c.830 §21]
     Note: 137.138 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Post-Judgment
Procedures)
     137.140
Imprisonment when county jail is not suitable for safe confinement. Whenever it appears to the court that there
is no sufficient jail of the proper county, as provided in ORS 137.330,
suitable for the confinement of the defendant, the court may order the
confinement of the defendant in the jail of an adjoining county or, if there is
no sufficient and suitable jail in the adjoining county, then in the jail of
any county in the state. [Amended by 1973 c.836 §263; 1987 c.550 §3]
     137.150 [Amended by 1959 c.530 §1; 1969 c.511 §2;
repealed by 1971 c.743 §432]
     137.160 [Repealed by 1961 c.520 §1]
     137.170
Entry of judgment in criminal action. When judgment in a criminal action is given, the clerk shall enter the
same in the register. If the judgment is upon a determination of conviction of
an offense, the clerk shall state briefly in the register the offense for which
the defendant was convicted. [Amended by 1959 c.638 §19; 1973 c.836 §264; 1985
c.540 §36; 1997 c.801 §65b]
     137.175
Judgment in criminal action that effects release of defendant; delivery to
sheriff. Whenever a judgment
in a criminal action will effect the immediate release of a defendant by
discharge, probation, sentence to time served, or otherwise, the court shall
cause the prompt delivery of a copy of the judgment to the sheriff no later
than three calendar days after the judgment is entered. [1987 c.251 §3; 1991
c.111 §15; 1997 c.801 §65c]
     137.180 [Amended by 1987 c.709 §2; 1989 c.472 §5;
1995 c.658 §77; 1997 c.801 §62; 1999 c.1051 §126; repealed by 2003 c.576 §580]
     137.183
Interest on judgments; waiver; payments. (1)(a) Criminal judgments bear interest at the rate provided by ORS
82.010. Except as provided in paragraph (b) of this subsection, criminal
judgments bear interest for a period of 20 years after the judgment is entered.
Except as provided in paragraph (b) of this subsection, criminal judgments
begin to accrue interest on the date the judgment is entered and do not bear
interest after the expiration of the 20-year period.
     (b) When a person is sentenced to a term
of imprisonment, interest on a judgment in a criminal action does not begin to
accrue until the first day of the second full calendar month after the personÂ’s
initial release from custody following the sentencing in which the monetary
obligation was imposed. If the judgment includes a money award for restitution,
the judgment accrues interest for a period of 20 years after the first day of
the second full calendar month after the personÂ’s initial release from custody
following the sentencing in which the monetary obligation was imposed.
     (2) The State Court Administrator may
waive interest, or cause waiver of interest, on any criminal judgment or
category of criminal judgments for the purpose of administering the collection
of judgments of the Supreme Court, the Court of Appeals, the Oregon Tax Court
and circuit courts. A judge of the Supreme Court, the Court of Appeals, the
Oregon Tax Court or a circuit court may waive interest in any criminal action
or proceeding for good cause shown.
     (3) A municipal judge may waive interest
on any criminal judgment, or category of criminal judgments, entered in the
municipal court in which the judge presides. A justice of the peace may waive
interest on any criminal judgment, or category of criminal judgments, entered
in the justice court in which the justice of the peace presides.
     (4) A waiver under subsection (2) or (3)
of this section may be for all or part of the interest payable on a criminal
judgment and may be for a specified period of time.
     (5) All payments collected under a
criminal judgment must first be applied against the principal amount of a money
award. Payments may be applied against interest on the money award only after
the principal amount of the money award is paid. This subsection applies only
to judgments of the Supreme Court, the Court of Appeals, the Oregon Tax Court
and circuit courts.
     (6) Moneys collected as interest under a
criminal judgment may be applied against costs of collection. Except as provided
in subsection (7) of this section:
     (a) Any amounts of moneys collected as
interest on judgments of the Supreme Court, Court of Appeals, Oregon Tax Court
or circuit courts that remain after payment of collection costs shall be
deposited in the Criminal Injuries Compensation Account to be used for the
purposes specified in ORS 147.225.
     (b) Any amounts of moneys collected as
interest on judgments of the municipal or justice courts that remain after
payment of collection costs shall be deposited in the general fund of the city
or county in which the court operates and be available for general governmental
purposes.
     (7) After any payment of costs of
collection, any interest collected on an award for restitution on and after
January 1, 2012, must be paid to the person in whose favor the award of
restitution was made.
     (8) As used in this section, “criminal
judgment” means a judgment entered in a criminal action as defined in ORS
131.005. [1999 c.1064 §2; 2005 c.618 §7; 2007 c.626 §1]
     Note: Section 4, chapter 626, Oregon Laws 2007,
provides:
     Sec.
4. The amendments to ORS
137.183 by section 1 of this 2007 Act apply only to judgments that are entered
on or after July 1, 2007. [2007 c.626 §4]
     Note: 137.183 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.190 [Repealed by 1959 c.558 §32 (137.220 enacted
in lieu of 137.190)]
     137.200 [Repealed by 1971 c.743 §432]
     137.205 [1963 c.600 §12; 1967 c.372 §3; repealed by
1971 c.743 §432]
     137.210
Taxation of costs against complainant. (1) If it is found by any justice or court trying the action or
hearing the proceeding that the prosecution is malicious or without probable
cause, that fact shall be entered upon record in the action or proceeding by
the justice or court.
     (2) Upon making the entry prescribed in
subsection (1) of this section, the justice or court shall immediately render
judgment against the complainant for the costs and disbursements of the action
or proceeding.
     (3) As used in this section “complainant”
means every person who voluntarily appears before any magistrate or grand jury
to prosecute any person in a criminal action, either for a misdemeanor or
felony. [Amended by 1959 c.426 §3]
     137.220
Clerk to prepare trial court file. In every criminal proceeding, the clerk shall attach together and file
in the office of the clerk, in the order of their filing, all the original
papers filed in the court, whether before or after judgment, including but not
limited to the indictment and other pleadings, demurrers, motions, affidavits,
stipulations, orders, the judgment and the notice of appeal and undertaking on
appeal, if any. [1959 c.558 §33 (enacted in lieu of 137.190)]
     137.225
Order setting aside conviction or record of arrest; fees; prerequisites;
limitations. (1)(a) At any
time after the lapse of three years from the date of pronouncement of judgment,
any defendant who has fully complied with and performed the sentence of the
court and whose conviction is described in subsection (5) of this section by
motion may apply to the court where the conviction was entered for entry of an
order setting aside the conviction; or
     (b) At any time after the lapse of one
year from the date of any arrest, if no accusatory instrument was filed, or at
any time after an acquittal or a dismissal of the charge, the arrested person
may apply to the court that would have jurisdiction over the crime for which
the person was arrested, for entry of an order setting aside the record of the
arrest. For the purpose of computing the one-year period, time during which the
arrested person has secreted himself or herself within or without the state is
not included.
     (2)(a) A copy of the motion and a full set
of the defendantÂ’s fingerprints shall be served upon the office of the
prosecuting attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory instrument filed,
and opportunity shall be given to contest the motion. The fingerprint card with
the notation “motion for setting aside conviction,” or “motion for setting
aside arrest record” as the case may be, shall be forwarded to the Department
of State Police bureau of criminal identification. Information resulting from
the fingerprint search along with the fingerprint card shall be returned to the
prosecuting attorney.
     (b) When a prosecuting attorney is served
with a copy of a motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and notice of the
hearing date to the victim, if any, of the crime by mailing a copy of the
motion and notice to the victimÂ’s last-known address.
     (c) When a person makes a motion under
subsection (1)(a) of this section, the person must pay a fee of $80. The person
shall attach a certified check payable to the Department of State Police in the
amount of $80 to the fingerprint card that is served upon the prosecuting
attorney. The office of the prosecuting attorney shall forward the check with
the fingerprint card to the Department of State Police bureau of criminal
identification.
     (3) Upon hearing the motion, the court may
require the filing of such affidavits and may require the taking of such proofs
as it deems proper. The court shall allow the victim to make a statement at the
hearing. Except as otherwise provided in subsection (11) of this section, if
the court determines that the circumstances and behavior of the applicant from
the date of conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the conviction, or the
arrest record as the case may be, it shall enter an appropriate order that
shall state the original arrest charge and the conviction charge, if any and if
different from the original, date of charge, submitting agency and disposition.
The order shall further state that positive identification has been established
by the bureau and further identified as to state bureau number or submitting
agency number. Upon the entry of the order, the applicant for purposes of the
law shall be deemed not to have been previously convicted, or arrested as the
case may be, and the court shall issue an order sealing the record of
conviction and other official records in the case, including the records of
arrest whether or not the arrest resulted in a further criminal proceeding.
     (4) The clerk of the court shall forward a
certified copy of the order to such agencies as directed by the court. A
certified copy must be sent to the Department of Corrections when the person
has been in the custody of the Department of Corrections. Upon entry of the
order, the conviction, arrest or other proceeding shall be deemed not to have occurred,
and the applicant may answer accordingly any questions relating to its
occurrence.
     (5) The provisions of subsection (1)(a) of
this section apply to a conviction of:
     (a) A Class C felony, except for criminal
mistreatment in the first degree under ORS 163.205 when it would constitute
child abuse, as defined in ORS 419B.005, or any sex crime.
     (b) The crime of possession of the
narcotic drug marijuana when that crime was punishable as a felony only.
     (c) A crime punishable as either a felony
or a misdemeanor, in the discretion of the court, except for:
     (A) Any sex crime; and
     (B) The following crimes when they would
constitute child abuse as defined in ORS 419B.005:
     (i) Criminal mistreatment in the first
degree under ORS 163.205; and
     (ii) Endangering the welfare of a minor
under ORS 163.575 (1)(a).
     (d) A misdemeanor, including a violation
of a municipal ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when it would
constitute child abuse, as defined in ORS 419B.005, or any sex crime.
     (e) A violation, whether under state law
or local ordinance.
     (f) An offense committed before January 1,
1972, that if committed after that date would be:
     (A) A Class C felony, except for any sex
crime or for the following crimes when they would constitute child abuse as
defined in ORS 419B.005:
     (i) Criminal mistreatment in the first
degree under ORS 163.205; and
     (ii) Endangering the welfare of a minor
under ORS 163.575 (1)(a).
     (B) A crime punishable as either a felony
or a misdemeanor, in the discretion of the court, except for any sex crime or
for the following crimes when they would constitute child abuse as defined in
ORS 419B.005:
     (i) Criminal mistreatment in the first
degree under ORS 163.205; and
     (ii) Endangering the welfare of a minor
under ORS 163.575 (1)(a).
     (C) A misdemeanor, except for endangering
the welfare of a minor under ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
     (D) A violation.
     (6) Notwithstanding subsection (5) of this
section, the provisions of subsection (1) of this section do not apply to:
     (a) A person convicted of, or arrested
for, a state or municipal traffic offense.
     (b) A person convicted, within the 10-year
period immediately preceding the filing of the motion pursuant to subsection
(1) of this section, of any other offense, excluding motor vehicle violations,
whether or not the other conviction is for conduct associated with the same
criminal episode that caused the arrest or conviction that is sought to be set
aside. Notwithstanding subsection (1) of this section, a conviction that has
been set aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable.
     (c) A person who at the time the motion
authorized by subsection (1) of this section is pending before the court is
under charge of commission of any crime.
     (7) The provisions of subsection (1)(b) of
this section do not apply to a person arrested within the three-year period
immediately preceding the filing of the motion for any offense, excluding motor
vehicle violations, and excluding arrests for conduct associated with the same
criminal episode that caused the arrest that is sought to be set aside.
     (8) The provisions of subsection (1) of
this section apply to convictions and arrests that occurred before, as well as
those that occurred after, September 9, 1971. There is no time limit for making
an application.
     (9) For purposes of any civil action in
which truth is an element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the conviction,
arrest or other proceeding be deemed not to have occurred do not apply and a
party may apply to the court for an order requiring disclosure of the official
records in the case as may be necessary in the interest of justice.
     (10) Upon motion of any prosecutor or
defendant in a case involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may order the
reopening and disclosure of any records sealed under this section for the
limited purpose of assisting the investigation of the movant. However, such an
order has no other effect on the orders setting aside the conviction or the
arrest record.
     (11) Unless the court makes written
findings by clear and convincing evidence that granting the motion would not be
in the best interests of justice, the court shall grant the motion and enter an
order as provided in subsection (3) of this section if the defendant has been
convicted of one of the following crimes and is otherwise eligible for relief
under this section:
     (a) Abandonment of a child, ORS 163.535.
     (b) Attempted assault in the second
degree, ORS 163.175.
     (c) Assault in the third degree, ORS
163.165.
     (d) Coercion, ORS 163.275.
     (e) Criminal mistreatment in the first
degree, ORS 163.205.
     (f) Attempted escape in the first degree,
ORS 162.165.
     (g) Incest, ORS 163.525, if the victim was
at least 18 years of age.
     (h) Intimidation in the first degree, ORS
166.165.
     (i) Attempted kidnapping in the second
degree, ORS 163.225.
     (j) Criminally negligent homicide, ORS
163.145.
     (k) Attempted robbery in the second
degree, ORS 164.405.
     (L) Robbery in the third degree, ORS
164.395.
     (m) Supplying contraband, ORS 162.185.
     (n) Unlawful use of a weapon, ORS 166.220.
     (12) As used in this section, “sex crime”
has the meaning given that term in ORS 181.594. [1971 c.434 §2; 1973 c.680 §3;
1973 c.689 §1a; 1973 c.836 §265; 1975 c.548 §10; 1975 c.714 §2; 1977 c.286 §1;
1983 c.556 §1; 1983 c.740 §17; 1987 c.320 §31; 1987 c.408 §1; 1987 c.864 §6;
1989 c.774 §1; 1991 c.830 §6; 1993 c.546 §98; 1993 c.664 §2; 1995 c.429 §9;
1995 c.743 §1; 1999 c.79 §1; 2007 c.71 §35]
(Alcoholic or
Drug-Dependent Person)
     137.227
Evaluation after conviction to determine if defendant is alcoholic or
drug-dependent person; agencies to perform evaluation. (1) After a defendant has been convicted of
a crime, the court may cause the defendant to be evaluated to determine if the
defendant is an alcoholic or a drug-dependent person, as those terms are
defined in ORS 430.306. The evaluation shall be conducted by an agency or
organization designated under subsection (2) of this section.
     (2) The court shall designate agencies or
organizations to perform the evaluations required under subsection (1) of this
section. The designated agencies or organizations must meet the standards set
by the Department of Human Services to perform the evaluations for drug
dependency and must be approved by the department. Wherever possible, a court
shall designate agencies or organizations to perform the evaluations that are
separate from those that may be designated to carry out a program of treatment
for alcohol or drug dependency. [1991 c.630 §1]
     Note: 137.227 to 137.229 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     137.228
Finding that defendant is alcoholic or drug-dependent person; effect. (1) When a defendant is sentenced for a
crime, the court may enter a finding that the defendant is an alcoholic or a
drug-dependent person, as those terms are defined in ORS 430.306. The finding
may be based upon any evidence before the court, including, but not limited to,
the facts of the case, stipulations of the parties and the results of any
evaluation conducted under ORS 137.227.
     (2) When the court finds that the
defendant is an alcoholic or a drug-dependent person, the court, when it
sentences the defendant to a term of imprisonment, shall direct the Department
of Corrections to place the defendant in an appropriate alcohol or drug
treatment program, to the extent that resources are available. The alcohol or
drug treatment program shall meet the standards promulgated by the Department
of Human Services pursuant to ORS 430.357. [1991 c.630 §§2,3; 2005 c.271 §1]
     Note: See note under 137.227.
     137.229
Duty of Department of Corrections. The Department of Corrections, to the extent that funds are available,
shall expand existing and establish new treatment programs for alcohol and drug
dependency. [1991 c.630 §4]
     Note: See note under 137.227.
(Effects of
Felony Conviction)
     137.230
Definitions for ORS 137.260.
As used in ORS 137.260, “conviction” or “convicted” means an adjudication of
guilt upon a verdict or finding entered in a criminal proceeding in a court of
competent jurisdiction. [1961 c.412 §1; 1987 c.158 §20]
     137.240 [Formerly 421.110; 1973 c.56 §1; 1973 c.836 §266;
1974 c.36 §2; repealed by 1975 c.781 §10]
     137.250 [Formerly 421.112; 1973 c.836 §267; repealed
by 1975 c.781 §10]
     137.260
Political rights restored to persons convicted of felony before August 9, 1961,
and subsequently discharged.
Any person convicted of a felony prior to August 9, 1961, and subsequently
discharged from probation, parole or imprisonment prior to or after August 9,
1961, is hereby restored to the political rights of the person. [1961 c.412 §4]
     137.270
Effect of felony conviction on property of defendant. No conviction of any person for crime works
any forfeiture of any property, except in cases where the same is expressly
provided by law; but in all cases of the commission or attempt to commit a
felony, the state has a lien, from the time of such commission or attempt, upon
all the property of the defendant for the purpose of satisfying any judgment
which may be given against the defendant for any fine on account thereof and
for the costs and disbursements in the proceedings against the defendant for
such crime; provided, however, such lien shall not attach to such property as
against a purchaser or incumbrancer in good faith, for value, whose interest in
the property was acquired before the entry of the judgment against the
defendant. [Formerly 137.460; 2003 c.576 §191]
     137.275
Effect of felony conviction on civil and political rights of felon. Except as otherwise provided by law, a
person convicted of a felony does not suffer civil death or disability, or
sustain loss of civil rights or forfeiture of estate or property, but retains
all of the rights of the person, political, civil and otherwise, including, but
not limited to, the right to vote, to hold, receive and transfer property, to enter
into contracts, including contracts of marriage, and to maintain and defend
civil actions, suits or proceedings. [1975 c.781 §1]
     137.280 [1975 c.781 §2; repealed by 1983 c.515 §1
(137.281 enacted in lieu of 137.280)]
     137.281
Withdrawal of rights during term of imprisonment; restoration of rights. (1) In any felony case, when the court
sentences the defendant to a term of imprisonment in the custody of the
Department of Corrections and execution of the sentence is not suspended, or
execution is suspended upon condition that the defendant serve a term of
imprisonment in the county jail, the defendant is deprived of all rights and
privileges described in subsection (3) of this section from the date of
sentencing until:
     (a) The defendant is discharged or paroled
from imprisonment; or
     (b) The defendant’s conviction is set
aside.
     (2) In any felony case, when the court
sentences the defendant to a term of imprisonment in the custody of the
Department of Corrections and execution of the sentence is suspended upon any
condition other than imprisonment in the county jail, if the sentence of
probation is revoked and the suspended portion of the sentence is ordered
executed, the defendant is deprived of the rights and privileges described in
subsection (3) of this section from the date the sentence is ordered executed
until:
     (a) The defendant is discharged or paroled
from imprisonment; or
     (b) The defendant’s conviction is set
aside.
     (3) The rights and privileges of which a
person may be deprived under this section are:
     (a) Holding a public office or an office
of a political party or becoming or remaining a candidate for either office;
     (b) Holding a position of private trust;
     (c) Acting as a juror; or
     (d) Exercising the right to vote.
     (4) If the court under subsection (1) of
this section temporarily stays execution of sentence for any purpose other than
probation, the defendant nonetheless is sentenced for purposes of subsection
(1) of this section.
     (5) A person convicted of any crime and
serving a term of imprisonment in any federal correctional institution in this
state is deprived of the rights to register to vote, update a registration or
vote in any election in this state from the date of sentencing until:
     (a) The person is discharged or paroled
from imprisonment; or
     (b) The person’s conviction is set aside.
     (6) The county clerk or county official in
charge of elections in any county may cancel the registration of any person
serving a term of imprisonment in any federal correctional institution in this
state.
     (7) Except as otherwise provided in ORS
10.030, the rights and privileges withdrawn by this section are restored
automatically upon discharge or parole from imprisonment, but in the case of
parole shall be automatically withdrawn upon a subsequent imprisonment for
violation of the terms of the parole. [1983 c.515 §2 (enacted in lieu of
137.280); 1987 c.320 §32; 1993 c.14 §4; 1997 c.313 §10; 1999 c.499 §1]
     137.285
Retained rights of felon; regulation of exercise. ORS 137.275 to 137.285 do not deprive the
Director of the Department of Corrections, or the directorÂ’s authorized agents,
of the authority to regulate the manner in which these retained rights of
convicted persons may be exercised as is reasonably necessary for the control
of the conduct and conditions of confinement of convicted persons in the
custody of the Department of Corrections. [1975 c.781 §3; 1979 c.284 §116; 1987
c.320 §33]
(Unitary
Assessment)
     137.290
Unitary assessment; amount; waiver. (1) In all cases of conviction for the commission of a crime or
violation, excluding parking violations, the trial court, whether a circuit,
justice or municipal court, shall impose upon the defendant, in addition to any
other monetary obligation imposed, a unitary assessment under this section.
Except when the person successfully asserts the defense set forth in ORS
419C.522, the unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The unitary assessment
is a penal obligation in the nature of a fine and shall be in an amount as
follows:
     (a) $107 in the case of a felony.
     (b) $67 in the case of a misdemeanor.
     (c) $97 in the case of a conviction for
driving under the influence of intoxicants.
     (d) $37 in the case of a violation as
described in ORS 153.008.
     (2) The unitary assessment shall include,
in addition to the amount in subsection (1) of this section:
     (a) $42 if the defendant was driving a
vehicle that requires a commercial driver license to operate and the conviction
was for violating:
     (A) ORS 811.100 by driving at a speed at
least 10 miles per hour greater than is reasonable and prudent under the
circumstances; or
     (B) ORS 811.111 (1)(b) by driving at least
65 miles per hour;
     (b) $500 if the crime of conviction is a crime
found in ORS chapter 163;
     (c) $500 if the crime of conviction is a
violation of ORS 475.890 or 475.892; and
     (d) $1,000 if the crime of conviction is a
violation of ORS 475.886 or 475.888.
     (3) Subject to subsection (4) of this
section, the court in any case may waive payment of the unitary assessment, in
whole or in part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a total monetary
obligation inconsistent with justice in the case. In making its determination
under this subsection, the court shall consider:
     (a) The financial resources of the
defendant and the burden that payment of the unitary assessment will impose,
with due regard to the other obligations of the defendant; and
     (b) The extent to which such burden can be
alleviated by allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be fixed by the
court.
     (4) If a defendant is convicted of an offense,
the court:
     (a) May waive all or part of the unitary
assessment required under subsections (1) and (2)(a) of this section only if
the court imposes no fine on the defendant.
     (b) May not waive the portion of the
unitary assessment required under subsection (2)(c) or (d) of this section,
except in juvenile cases under ORS 419C.005 (1). [1987 c.905 §1; 1991 c.460 §14;
1993 c.33 §300; 1993 c.637 §1; 1993 c.770 §§1,3; 1995 c.555 §1; 1997 c.872 §27;
1999 c.1051 §127; 1999 c.1056 §1d; 1999 c.1095 §6; 2003 c.737 §112; 2003 c.819 §11;
2005 c.843 §21; 2007 c.899 §§1,2]
     Note: Section 5, chapter 899, Oregon Laws 2007,
provides:
     Sec.
5. The amendments to ORS
137.290 by sections 1 and 2 of this 2007 Act apply to crimes committed on or
after the effective date of this 2007 Act [January 1, 2008]. [2007 c.899 §5]
     Note: 137.290 to 137.300 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.293
All monetary obligations constitute single obligation on part of convicted
person. All fines, costs,
assessments, restitution, compensatory fines and other monetary obligations
imposed upon a convicted person in a circuit, justice or municipal court, shall
constitute a single obligation on the part of the convicted person. The clerk
shall subdivide the total obligation as provided in ORS 137.295 according to
the various component parts of the obligation and shall credit and distribute
accordingly, among those subdivisions, all moneys received. [1987 c.905 §2]
     Note: See second note under 137.290.
     137.295
Categories of monetary obligations; order of crediting moneys received. (1) When a defendant convicted of a crime or
violation in the circuit, justice or municipal court, or allowed diversion in
such a case, makes a payment of money to be credited against monetary
obligations imposed as a result of that conviction or diversion, the clerk
shall distribute the payment as provided in this section.
     (2) There are four categories of monetary
obligations. The categories are as follows:
     (a) Category 1 consists of compensatory
fines under ORS 137.101.
     (b) Category 2 consists of restitution as
defined in ORS 137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
     (c) Category 3 consists of the unitary
assessment imposed under ORS 137.290, costs imposed under ORS 151.505 or
161.665 and those fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the state in
criminal and quasi-criminal cases for which moneys the law does not expressly
provide other disposition.
     (d) Category 4 consists of monetary
obligations imposed upon the defendant as a result of the conviction, but which
do not fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and other monetary
obligations that the law expressly directs be paid to an agency, person or
political subdivision of the state, and any other obligation to reimburse for
payment of a reward under ORS 131.897. Notwithstanding paragraph (c) of this
subsection, the portion of assessments collected as required by ORS 137.290
(2)(c) and (d) shall be considered category 4 obligations.
     (3) As long as there remains unpaid any
obligation under category 1, the clerk shall credit toward category 1 all of
each payment received.
     (4) After the total obligation has been
credited under category 1, then as long as there remains unpaid any obligation
under both categories 2 and 3, the clerk shall credit toward each such category
50 percent of each payment received.
     (5) The clerk shall monthly transfer the
moneys credited under category 1 and under category 2 to the victims for whose
benefit moneys under that category were ordered paid. If there are multiple
victims for whose benefit moneys have been ordered paid under category 2, the
clerk shall first transfer moneys credited under category 2 to the victim, as
defined in ORS 137.103 (4)(a). When the moneys due the victim, as defined in
ORS 137.103 (4)(a), have been fully paid, the clerk shall transfer moneys
credited under category 2 to the Criminal Injuries Compensation Account if
moneys have been ordered paid to the account under category 2. When the moneys
due the account have been fully paid, the clerk shall transfer moneys credited
under category 2 to any other victims, as defined in ORS 137.103 (4)(b) or (d),
for whose benefit moneys under that category were ordered paid in proportion to
the amounts ordered. The clerk of a circuit court shall monthly transfer the
moneys credited under category 3 as directed by the State Court Administrator
for deposit in the State Treasury to the credit of the Criminal Fine and
Assessment Account established under ORS 137.300. The clerk of a justice or
municipal court shall monthly transfer the moneys credited under category 3 to
the Department of Revenue as provided in ORS 305.830.
     (6) When the entire amount owing for
purposes of either category 2 or category 3 has been credited, further payments
by the defendant shall be credited by the clerk entirely to the unpaid balance
of whichever of those categories remains unpaid, until both category 2 and category
3 have been entirely paid.
     (7) When category 1, category 2 and
category 3 have been entirely paid and any obligation remains owing under
category 4, the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the moneys so received
to the appropriate recipient, giving first priority to counties and cities
entitled to revenues generated by prosecutions in justice and municipal courts
and giving last priority to persons entitled to moneys as reimbursement for
reward under ORS 131.897. The clerk shall monthly transfer the portion of
assessments collected as required by ORS 137.290 (2)(c) and (d) to the county
for administration of substance abuse treatment programs described in ORS
430.420.
     (8) Notwithstanding subsection (5) of this
section, the clerk of a circuit court shall monthly transfer the moneys
attributable to parking violations to the State Treasurer for deposit in the
General Fund.
     (9) The clerk of a justice or municipal
court must make the transfers required by this section not later than the last
day of the month immediately following the month in which a payment is made. [1987
c.905 §3; 1991 c.460 §13; 1993 c.33 §301; 1995 c.782 §3; 1997 c.761 §10; 1999
c.1051 §128; 1999 c.1064 §1; 2001 c.823 §§22,23; 2003 c.687 §§2,3; 2005 c.564 §§4,5;
2007 c.626 §2; 2007 c.899 §§3,4]
     Note: See second note under 137.290.
     137.300
Criminal Fine and Assessment Account; rules. (1) The Criminal Fine and Assessment Account is established in the
General Fund of the State Treasury. All moneys in the account are continuously
appropriated to the Department of Revenue to be distributed by the Department
of Revenue according to allocations made by the Legislative Assembly. The
Department of Revenue shall keep a record of moneys transferred into and out of
the account. The Department of Revenue shall report monthly to the Attorney
General the amount of moneys received from the state courts in each county and
from each city court.
     (2) The Legislative Assembly shall
allocate moneys in the account according to the following priority:
     (a) Public safety standards, training and
facilities;
     (b) Criminal injuries compensation and
assistance to victims of crime and children reasonably suspected of being
victims of crime;
     (c) Forensic services of the Oregon State
Police including, but not limited to, services of the State Medical Examiner;
and
     (d) Maintenance and operation of the Law
Enforcement Data System.
     (3) Moneys in the account may not be
allocated for:
     (a) The payment of debt service
obligations; or
     (b) Any purpose other than those listed in
subsection (2) of this section.
     (4) The Department of Revenue shall
deposit in the General Fund all moneys remaining in the account after the
distributions required by subsections (1) and (2) of this section have been
made.
     (5) The Department of Revenue shall
establish by rule a process for distributing moneys in the account.
     (6) The Department of Justice shall report
monthly to the Department of Revenue the amount of moneys ordered to be applied
to child support under ORS 135.280. [1987 c.905 §6; 2001 c.829 §§1,1a; 2005
c.700 §2]
     Note: See second note under 137.290.
     137.301
Legislative findings. The
Legislative Assembly finds that:
     (1) Systems critical components of the
     (2) The systems critical components of the
     (3) The interests of victims of crime and
other Oregonians are advanced by the ability of the public safety community to
respond professionally to reports of criminal activity and to successfully
investigate criminal cases in a manner that protects the constitutional rights
of all Oregonians.
     (4) The effective training of police
officers, corrections officers, parole and probation officers and other first
responders increases the likelihood that crimes will be solved quickly and that
the needs of victims of crime will be met.
     (5) The collection of evidence at crime
scenes, the forensic processing of the evidence by qualified, well-trained
technicians and the work of medical examiners are critical statewide functions
that allow all Oregonians an equal opportunity to justice.
     (6) The collection of criminal information
such as that retained in the Law Enforcement Data System enhances the ability
of investigators to identify criminals and the unnamed victims of violent
crimes.
     (7) Timely intervention on behalf of
victims of crime through effective assistance programs makes recovery from
victimization possible and is necessary to the well-being of Oregonians
adversely affected by violent crime. [2005 c.700 §1]
     Note: 137.301 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.302 [2001 c.829 §2; repealed by 2005 c.700 §3]
     137.303 [1987 c.905 §7; 1989 c.904 §49; 1991 c.460 §2;
1993 c.741 §1; 1993 c.770 §§2,4; 1995 c.555 §§2,3; 1997 c.872 §28; 1999 c.1056 §§2,2c;
1999 c.1084 §38; 2001 c.624 §13; repealed by 2001 c.829 §10]
     137.304 [1999 c.1095 §8; 1999 c.1095 §§9,10,11;
repealed by 2001 c.829 §10]
     137.305 [1987 c.905 §8; 1991 c.460 §15; 1993 c.637 §4;
1993 c.770 §6; 1995 c.440 §2; 1997 c.872 §29; 1999 c.867 §9; repealed by 2001
c.829 §10]
     137.306 [1989 c.860 §§1,6; 1993 c.14 §5; repealed by
1993 c.196 §12]
     137.307 [1989 c.860 §§2,3,5; 1991 c.203 §1; repealed
by 1993 c.196 §12]
(
     137.308
Authorized uses of assessments.
(1) The county treasurer shall deposit 60 percent of the moneys received under
ORS 137.309 (6), (8) and (9) into the general fund of the county to be used for
the purpose of planning, operating and maintaining county juvenile and adult
corrections programs and facilities and drug and alcohol programs approved by
the GovernorÂ’s Council on Alcohol and Drug Abuse Programs. Expenditure by the
county of the funds described in this subsection shall be made in a manner that
is consistent with the approved community corrections plan for that county;
however, a county may not expend more than 50 percent of the funds on the
construction or operation of a county jail. Prior to budgeting the funds
described in this subsection, a county shall consider any comments received
from, and upon request shall consult with, the governing body of a city that forwards
assessments under ORS 137.307 (1991 Edition) concerning the proposed uses of
the funds.
     (2) The county treasurer shall deposit 40
percent of the moneys received under ORS 137.309 (6), (8) and (9) into the
countyÂ’s court facilities security account established under ORS 1.182. [1989
c.860 §4; 1993 c.196 §4; 1993 c.637 §14; 1999 c.1051 §255; 2005 c.804 §5]
     Note: 137.308 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.309
County assessment; amount; collection; distribution. (1) Except as provided in subsection (4) of
this section, whenever a circuit or municipal court or a justice of a justice
court imposes a sentence of a fine, term of imprisonment, probation or any
combination thereof, including a sentence imposed and thereafter suspended, as
a penalty for an offense as defined in ORS 161.505, excluding parking
violations, an assessment in addition to such sentence shall be collected.
     (2) The assessment is not part of the
penalty or in lieu of any part thereof. The amount of the assessment shall be
as follows:
     (a) $5, when the fine or forfeiture is $5
to $14.99.
     (b) $15, when the fine or forfeiture is
$15 to $49.99.
     (c) $18, when the fine or forfeiture is
$50 to $99.99.
     (d) $25, when the fine or forfeiture is
$100 to $249.99.
     (e) $30, when the fine or forfeiture is
$250 to $499.99.
     (f) $66, when the fine or forfeiture is
$500 or more.
     (3) Assessments imposed under subsections
(1) to (5) of this section shall be collected as provided in subsections (6) to
(9) of this section.
     (4) The court is not required to impose
the assessment, or a part of the assessment, if it finds that the defendant is
indigent or that imposition of the assessment would constitute an undue
hardship.
     (5) Payment to a court shall not be
credited to the assessment described in subsections (1) to (5) of this section
until all other fines, fees and assessments ordered by the court have been
paid.
     (6) Except as provided in subsections (7)
and (8) of this section, amounts paid for the assessment imposed by this
section must be transferred by the court to the county treasurer of the county
in which the court is located not later than the last day of the month
immediately following the month in which the amounts are collected.
     (7) Prior to making payment to the county
treasurer as provided in subsections (6) and (9) of this section, the clerk of
a circuit, municipal or justice court:
     (a) Shall withhold and deposit in the
State Treasury to the credit of the State Court Facilities Security Account the
following amounts:
     (A) $3, when the assessment is $15.
     (B) $4, when the assessment is $18.
     (C) $5, when the assessment is $25.
     (D) $6, when the assessment is $30.
     (E) $7, when the assessment is $66.
     (b) May withhold an amount equal to the
reasonable costs incurred by the clerk in collection and distribution of the
assessment.
     (8) Prior to making payment to the county
treasurer as provided in subsections (6) and (9) of this section, the clerk of
a circuit, municipal or justice court:
     (a) Shall withhold and deposit in the
State Treasury to the credit of the Law Enforcement Medical Liability Account
the following amounts:
     (A) $1, when the assessment is $15 or $18.
     (B) $2, when the assessment is $25 or $30.
     (C) $5, when the assessment is $66.
     (b) May withhold an amount equal to the
reasonable costs incurred by the clerk in collection and distribution of the
assessment.
     (9) A city that lies in more than one
county shall pay the assessments it collects to each county in proportion to
the percent of the population of the city that resides in each county. [1991
c.778 §§4,5; 1993 c.14 §6; 1993 c.196 §1; 1993 c.637 §§13,13a; 1999 c.1051 §254;
2003 c.687 §4; 2005 c.804 §6]
EXECUTION OF
JUDGMENT
(Imprisonment)
     137.310
Authorizing execution of judgment; detention of defendant. (1) When a judgment has been pronounced, a
certified copy of the entry thereof in the register shall be forthwith
furnished by the clerk to the officer whose duty it is to execute the judgment;
and no other warrant or authority is necessary to justify or require its
execution.
     (2) The defendant may be arrested and
detained in any county in the state by any peace officer and held for the
authorities from the county to which the execution is directed. Time spent by
the defendant in such detention shall be credited towards the term specified in
the judgment. [Amended by 1961 c.358 §1; 1967 c.372 §4; 1985 c.540 §37]
     137.315
Electronic telecommunication of notice of judgment authorized. Whenever it is necessary that a copy of the
entry of judgment against a defendant be delivered to the Department of
Corrections or any other correctional authority of this state, or to the
correctional authority of any political subdivision of this state, the court or
the sheriff may transmit notice of the judgment by electronic
telecommunication. The notice of judgment shall serve as authority for
imprisonment under this chapter. The notice need not be a duplicate or
photographic copy of judgment, but if it is not a duplicated or photographic
copy, then it must be followed in due course by a duplicate or photographic
copy with a notation that notice had been sent previously. [1987 c.251 §2]
     137.320
Delivery of defendant when committed to Department of Corrections; credit on
sentence. (1) When a
judgment includes commitment to the legal and physical custody of the
Department of Corrections, the sheriff shall deliver the defendant, together
with a copy of the entry of judgment and a statement signed by the sheriff of
the number of days the defendant was imprisoned prior to delivery, to the
superintendent of the Department of Corrections institution to which the
defendant is initially assigned pursuant to ORS 137.124. If at the time of
entry of a judgment, the defendant was serving a term of incarceration at the
direction of the supervisory authority of a county upon conviction of a prior
felony, the sheriff shall also deliver to the Department of Corrections a copy
of the prior entry of judgment committing the defendant to the supervisory
authority of the county of conviction and a statement of the number of days the
defendant has remaining to be served on the term or incarceration imposed in
the prior judgment.
     (2) If the defendant is surrendered to
another legal authority prior to delivery to an institution of the Department
of Corrections, the sheriff shall forward to the Department of Corrections
copies of the entry of all pertinent judgments, a statement of the number of
days the defendant was imprisoned prior to surrender, a statement of the number
of days the defendant has remaining to be served on any term of incarceration
the defendant was serving at the direction of the supervisory authority of a
county upon conviction of a prior felony and an identification of the authority
to whom the prisoner was surrendered.
     (3) Upon receipt of the information
described in subsection (1) or (2) of this section, the Department of
Corrections shall establish a case file and compute the defendantÂ’s sentence in
accordance with the provisions of ORS 137.370.
     (4) When the judgment is imprisonment in
the county jail or a fine and that the defendant be imprisoned until it is
paid, the judgment shall be executed by the sheriff of the county. The sheriff
shall compute the time the defendant was imprisoned after arrest and prior to
the commencement of the term specified in the judgment. Such time shall be
credited towards the term of the sentence. [Amended by 1955 c.660 §14; 1967
c.232 §1; 1967 c.585 §5; 1971 c.619 §1; 1973 c.631 §1; 1981 c.424 §1; 1987
c.320 §34; 1995 c.423 §29]
     137.330
Where judgment of imprisonment in county jail is executed. (1) Except as provided in ORS 137.333, 137.140
or 423.478, a judgment of imprisonment in the county jail shall be executed by
confinement in the jail of the county where the judgment is given, except that
when the place of trial has been changed, the confinement shall take place in
the jail of the county where the action was commenced.
     (2) The jailor of any county jail to which
a prisoner is ordered, sentenced or delivered pursuant to ORS 137.140 shall
receive and keep such prisoner in the same manner as if the prisoner had been
ordered, sentenced or delivered to the jailor by an officer or court of the
jailorÂ’s own county; but the county in which the prisoner would be imprisoned
except for the provisions of ORS 137.140 shall pay all the expenses of keeping
and maintaining the prisoner in said jail. [Amended by 1987 c.550 §4; 1996 c.4 §3]
     137.333
Exception to ORS 137.330.
Whenever a judge sentences a person to a term of incarceration in a county
jail, the judgment may be executed by confinement in another county or in a
state correctional facility if the county in which the person would otherwise
be imprisoned:
     (1) Has entered into an intergovernmental
agreement as provided in ORS 169.053; or
     (2) Is located within an intergovernmental
corrections entity formed under ORS 190.265. [1996 c.4 §2]
     Note: 137.333 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.340 [Repealed by 1971 c.743 §432]
     137.350 [Repealed by 1987 c.247 §1]
     137.360 [Repealed by 1987 c.247 §1]
     137.370
Commencement and computation of term of imprisonment in state penal or
correctional institution; sentences concurrent unless court orders otherwise. (1) When a person is sentenced to
imprisonment in the custody of the Department of Corrections, the term of
confinement therein commences from the day the person is delivered to the
custody of an officer of the Department of Corrections for the purpose of
serving the sentence executed, regardless of whether the sentence is to be
served in a state or federal institution.
     (2) Except as provided in subsections (3)
and (4) of this section, when a person is sentenced to imprisonment in the
custody of the Department of Corrections, for the purpose of computing the
amount of sentence served the term of confinement includes only:
     (a) The time that the person is confined
by any authority after the arrest for the crime for which sentence is imposed;
and
     (b) The time that the person is authorized
by the Department of Corrections to spend outside a confinement facility, in a
program conducted by or for the Department of Corrections.
     (3) When a judgment of conviction is
vacated and a new sentence is thereafter imposed upon the defendant for the
same crime, the period of detention and imprisonment theretofore served shall
be deducted from the maximum term, and from the minimum, if any, of the new
sentence.
     (4) A person who is confined as the result
of a sentence for a crime or conduct that is not directly related to the crime
for which the sentence is imposed, or for violation of the conditions of
probation, parole or post-prison supervision, shall not receive presentence
incarceration credit for the time served in jail towards service of the term of
confinement.
     (5) Unless the court expressly orders
otherwise, a term of imprisonment shall be concurrent with that portion of any
sentence previously imposed that remains unexpired at the time the court
imposes sentence. This subsection applies regardless of whether the earlier
sentence was imposed by the same or any other court, and regardless of whether
the earlier sentence is being or is to be served in the same penal institution
or under the same correctional authority as will be the later sentence. [Amended
by 1955 c.660 §15; 1965 c.463 §19; 1967 c.232 §2; 1973 c.562 §2; 1973 c.631 §4;
1981 c.424 §2; 1987 c.251 §4; 1987 c.320 §35; 1995 c.657 §20]
     137.372
Credit for time served as part of probationary sentence. (1) Notwithstanding the provisions of ORS
137.370 (2)(a), an offender who has been revoked from a probationary sentence
for a felony committed on or after November 1, 1989, shall receive credit for
the time served in jail after arrest and before commencement of the probationary
sentence or for the time served in jail as part of the probationary sentence
unless the sentencing judge orders otherwise.
     (2) Notwithstanding the provisions of ORS
137.320 (4), an offender who has been ordered confined as part of a
probationary sentence for a felony committed on or after July 18, 1995, shall
receive credit for the time served in jail after arrest and before commencement
of the term unless the sentencing judge orders otherwise. [1989 c.790 §81; 1993
c.692 §4; 1995 c.657 §13]
     Note: 137.372 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.375
Release of prisoners whose terms expire on weekends or legal holidays. When the date of release from imprisonment
of any prisoner in an adult correctional facility under the jurisdiction of the
Department of Corrections, or any prisoner in a county or city jail, falls on
Saturday, Sunday or a legal holiday, the prisoner shall be released, at the
discretion of the releasing authority, on the first, second or third day
preceding the date of release which is not a Saturday, Sunday or legal holiday.
Prisoners of a county or city jail serving a mandatory minimum term
specifically limited to weekends shall be released only at the time fixed in
the sentence. [1953 c.532 §1; 1955 c.660 §16; 1971 c.290 §1; 1979 c.487 §10;
1987 c.320 §36; 2001 c.851 §7]
     137.380
Discipline, treatment and employment of prisoners. A judgment of commitment to the custody of
the Department of Corrections need only specify the duration of confinement as
provided in ORS 137.120. Thereafter the manner of the confinement and the
treatment and employment of a person shall be regulated and governed by
whatever law is then in force prescribing the discipline, treatment and
employment of persons committed. [Amended by 1955 c.32 §1; 1955 c.660 §17; 1959
c.687 §1; 1973 c.836 §268; 1987 c.320 §37]
     137.390
Commencement, term and termination of term of imprisonment in county jail;
treatment of prisoners therein.
The commencement, term and termination of a sentence of imprisonment in the
county jail is to be ascertained by the rule prescribed in ORS 137.370, and the
manner of such confinement and the treatment of persons so sentenced shall be
governed by whatever law may be in force prescribing the discipline of county
jails. [Amended by 1973 c.631 §3]
     137.400 [Amended by 1953 c.104 §2; 1955 c.662 §6;
repealed by 1967 c.372 §13]
     137.410 [Repealed by 1967 c.372 §13]
     137.420 [Repealed by 1967 c.372 §13]
     137.430 [Repealed by 1967 c.372 §13]
     137.440
Return by officer executing judgment; annexation to trial court file. When a judgment in a criminal action has
been executed, the sheriff or officer executing it shall return to the clerk
the warrant or copy of the entry or judgment upon which the sheriff or officer
acted, with a statement of the doings of the sheriff or officer indorsed
thereon, and the clerk shall file the same and annex it to the trial court
file, as defined in ORS 19.005. [Amended by 1967 c.471 §4]
     137.450
Enforcement of money judgment in criminal action. A judgment against the defendant or
complainant in a criminal action, so far as it requires the payment of a fine,
fee, assessment, costs and disbursements of the action or restitution, may be
enforced as a judgment in a civil action. [Amended by 1973 c.836 §269; 1987
c.709 §1]
     137.452
Satisfaction of monetary obligation imposed as part of sentence; release of
judgment lien from real property; authority of Attorney General. When a person is convicted of an offense and
sentenced to pay any monetary obligation, the following provisions apply to
obtaining a satisfaction of the money award portion of the judgment or a
release of a judgment lien from a specific parcel of real property when the
money award portion of the judgment is not satisfied:
     (1) The Attorney General, by rule, may do
any of the following:
     (a) Authorize the Attorney General’s
office, a district attorneyÂ’s office, any state agency within the executive
branch of government or any specific individual or group within any of these
to:
     (A) Issue satisfactions of the money award
portions of judgments; or
     (B) Release a judgment lien from a
specific parcel of real property when either the judgment lien does not attach
to any equity in the real property or the amount of equity in the real property
to which the judgment lien attaches, less costs of sale or other reasonable
expenses, is paid upon the judgment.
     (b) Establish procedures and requirements
that any person described under paragraph (a) of this subsection must follow to
issue satisfactions or releases.
     (2) Authorization of a person under
subsection (1) of this section is permissive and such person is not required to
issue satisfactions or releases if authorized. However, if a person is
authorized under subsection (1) of this section and does issue satisfactions or
releases, the person must comply with the procedures and requirements established
by the Attorney General by rule.
     (3) If the Attorney General establishes a
program under subsection (1) of this section, the Attorney GeneralÂ’s office
shall issue satisfactions and releases under the program unless the Attorney
General determines that there are sufficient other agencies authorized under
subsection (1) of this section who are actually participating in the program to
provide reasonable access to satisfactions and releases on a statewide basis.
     (4)(a) Except as provided in paragraph (b)
of this subsection, when the entries in the register and the financial
accounting records for the court show conclusively that a monetary obligation
imposed in a criminal action has been paid in full, the clerk of the court may
note in the register that the money award portion of the judgment has been paid
in full. Notation in the register under this paragraph constitutes a
satisfaction of the money award portion of the judgment. The clerk of the court
is not civilly liable for any act or omission in making the notation in the
register in the manner authorized by this paragraph.
     (b) When a monetary obligation imposed in
a criminal action is paid by a negotiable instrument, the clerk of the court
shall proceed as provided in paragraph (a) of this subsection only after the
expiration of 21 days from the date the negotiable instrument is received by
the court. The clerk may proceed as provided in paragraph (a) of this
subsection before the expiration of the 21-day period if the judgment debtor or
any other interested person makes a request that the clerk proceed and provides
information that establishes to the satisfaction of the clerk that the
instrument has been honored.
     (c) This subsection does not authorize the
clerk of a court to compromise, settle or partially satisfy a monetary
obligation imposed in a criminal action, or to release part of any property
subject to a judgment lien.
     (5) Any satisfaction issued by a person
authorized under this section may be entered in the same manner and has the
same effect on the money award portion of a judgment as a satisfaction issued
for the money award portions of a judgment from a civil action or proceeding.
     (6) The release of judgment liens on
specific parcels of real property by the Attorney General or by a person authorized
by the Attorney General under subsection (1) of this section is discretionary.
The money award portion of the judgment shall remain a lien against all real
property not specifically released. [1989 c.472 §4; 1993 c.145 §1; 1997 c.801 §68;
2003 c.576 §164]
     Note: 137.452 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.460 [Renumbered 137.270]
(Death
Sentence)
     137.463
Death warrant hearing; death warrant. (1) When a sentence of death is pronounced, the clerk of the court
shall deliver a copy of the judgment of conviction and sentence of death to the
sheriff of the county. The sheriff shall deliver the defendant within 20 days
from the date the judgment is entered to the correctional institution
designated by the Director of the Department of Corrections pending the
determination of the automatic and direct review by the Supreme Court under ORS
138.012.
     (2) If the Supreme Court affirms the
sentence of death, a death warrant hearing shall take place in the court in
which the judgment was rendered within 30 days after the effective date of the
appellate judgment or, upon motion of the state, on a later date. The following
apply to a death warrant hearing under this subsection:
     (a) The defendant must be present; and
     (b) The defendant may be represented by
counsel. If the defendant was represented by appointed counsel on automatic and
direct review, that counselÂ’s appointment continues for purposes of the death
warrant hearing and any related matters. If that counsel is unavailable, the
court shall appoint counsel pursuant to the procedure in ORS 135.050 and
135.055.
     (3)(a) If the defendant indicates the wish
to waive the right to counsel for the purpose of the death warrant hearing, the
court shall inquire of the defendant on the record to ensure that the waiver is
competent, knowing and voluntary.
     (b) If the court finds that the waiver is
competent, knowing and voluntary, the court shall discharge counsel.
     (c) If the court finds on the record that
the waiver of the right to counsel granted by this section is not competent,
knowing or voluntary, the court shall continue the appointment of counsel.
     (d) Notwithstanding the fact that the
court finds on the record that the defendant competently, knowingly and
voluntarily waives the right to counsel, the court may continue the appointment
of counsel as advisor only for the purposes of the death warrant hearing.
     (4) At the death warrant hearing, the
court:
     (a) After appropriate inquiry, shall make
findings on the record whether the defendant suffers from a mental condition
that prevents the defendant from comprehending the reasons for the death
sentence or its implication. The defendant has the burden of proving by a
preponderance of the evidence that the defendant suffers from a mental
condition that prevents the defendant from comprehending the reasons for the
death sentence or its implication.
     (b) Shall advise the defendant that the
defendant is entitled to counsel in any post-conviction proceeding and that
counsel will be appointed if the defendant is financially eligible for
appointed counsel at state expense.
     (c) Shall determine whether the defendant
intends to pursue any challenges to the sentence or conviction. If the
defendant states on the record that the defendant does not intend to challenge
the sentence or conviction, the court after advising the defendant of the
consequences shall make a finding on the record whether the defendant
competently, knowingly and voluntarily waives the right to pursue:
     (A) A petition for certiorari to the
United States Supreme Court;
     (B) Post-conviction relief under ORS
138.510 to 138.680; and
     (C) Federal habeas corpus review under 28
U.S.C. 2254.
     (5) Following the death warrant hearing, a
death warrant, signed by the trial judge of the court in which the judgment was
rendered and attested by the clerk of that court, shall be drawn and delivered to
the superintendent of the correctional institution designated by the Director
of the Department of Corrections. The death warrant shall specify a day on
which the sentence of death is to be executed and shall authorize and command
the superintendent to execute the judgment of the court. The trial court shall
specify the date of execution of the sentence, taking into consideration the
needs of the Department of Corrections. The trial court shall specify a date
not less than 90 days nor more than 120 days following the effective date of
the appellate judgment.
     (6)(a) Notwithstanding any other provision
in this section, if the court finds that the defendant suffers from a mental
condition that prevents the defendant from comprehending the reasons for the sentence
of death or its implications, the court may not issue a death warrant until
such time as the court, after appropriate inquiries, finds that the defendant
is able to comprehend the reasons for the sentence of death and its
implications.
     (b)(A) If the court does not issue a death
warrant because it finds that the defendant suffers from a mental condition
that prevents the defendant from comprehending the reasons for the sentence of
death or its implications, the court shall conduct subsequent hearings on the
issue on motion of the district attorney or the defendantÂ’s counsel or on the
courtÂ’s own motion, upon a showing that there is substantial reason to believe
that the defendantÂ’s condition has changed.
     (B) The court may hold a hearing under
this paragraph no more frequently than once every six months.
     (C) The state and the defendant may obtain
an independent medical, psychiatric or psychological examination of the
defendant in connection with a hearing under this paragraph.
     (D) In a hearing under this paragraph, the
defendant has the burden of proving by a preponderance of the evidence that the
defendant continues to suffer from a mental condition that prevents the
defendant from comprehending the reasons for the sentence of death or its
implications.
     (7) If for any reason a sentence of death
is not executed on the date appointed in the death warrant, and the sentence of
death remains in force and is not stayed under ORS 138.686 or otherwise by a
court of competent jurisdiction, the court that issued the initial death
warrant, on motion of the state and without further hearing, shall issue a new
death warrant specifying a new date on which the sentence is to be executed.
The court shall specify a date for execution of the sentence, taking into consideration
the needs of the Department of Corrections. The court shall specify a date not
more than 20 days after the date on which the stateÂ’s motion was filed.
     (8) No appeal may be taken from an order
issued pursuant to this section. [1984 c.3 §5; 1999 c.1055 §2; 2001 c.962 §96]
     137.464
Administrative assessment of defendantÂ’s mental capacity. (1)(a) At the death warrant hearing under
ORS 137.463, the court shall order that the Department of Human Services or its
designee perform an assessment of the defendantÂ’s mental capacity to engage in
reasoned choices of legal strategies and options if:
     (A) The defendant indicates the wish to
waive the right to counsel; and
     (B) The court has substantial reason to
believe that, due to mental incapacity, the defendant cannot engage in reasoned
choices of legal strategies and options.
     (b) The court also shall order an
assessment described in paragraph (a) of this subsection upon motion by the
state.
     (2) If the requirements of subsection (1)
of this section are met, the court may order the defendant to be committed to a
state mental hospital designated by the Department of Human Services for a
period not exceeding 30 days for the purpose of assessing the defendantÂ’s
mental capacity. The report of any competency assessment performed under this
section must include, but need not be limited to, the following:
     (a) A description of the nature of the
assessment;
     (b) A statement of the mental condition of
the defendant; and
     (c) A statement regarding the defendant’s
mental capacity to engage in reasoned choices of legal strategies and options.
     (3) If the competency assessment cannot be
conducted because the defendant is unwilling to participate, the report must so
state and must include, if possible, an opinion as to whether the unwillingness
of the defendant is the result of a mental condition affecting the defendantÂ’s
mental capacity to engage in reasoned choices of legal strategies and options.
     (4) The Department of Human Services shall
file three copies of the report of the competency assessment with the clerk of
the court, who shall cause copies to be delivered to the district attorney and
to counsel for the defendant. [1999 c.1055 §3]
     Note: 137.464, 137.466, 137.476, 137.478 and
137.482 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
     137.465 [1979 c.2 §5; repealed by 1981 c.873 §9]
     137.466
Judicial determination of defendantÂ’s mental capacity. (1) If the court has ordered the Department
of Human Services to perform a competency assessment of the defendant under ORS
137.464 and the assessment has been completed, the court shall determine the
issue of the defendantÂ’s mental capacity to engage in reasoned choices of legal
strategies and options. If neither the state nor counsel for the defendant
contests the finding of the report filed under ORS 137.464, the court may make
the determination of the defendantÂ’s mental capacity to engage in reasoned
choices of legal strategies and options on the basis of the report. If the
finding is contested, the court shall hold a hearing on the issue. If the
report is received in evidence at the hearing, the party contesting the finding
has the right to summon and to cross-examine the psychiatrist or psychologist
who submitted the report and to offer evidence on the issue. Either party may
introduce other evidence regarding the defendantÂ’s mental capacity to engage in
reasoned choices of legal strategies and options.
     (2) If the court determines that, due to
mental incapacity, the defendant cannot engage in reasoned choices of legal
strategies and options, the court shall continue the appointment of counsel
provided under ORS 137.463.
     (3) No appeal may be taken from an order
issued pursuant to this section. [1999 c.1055 §4]
     Note: See note under 137.464.
     137.467
Delivery of warrant when place of trial changed. If the place of trial has been changed, the
death warrant shall be delivered to the sheriff of the county in which the
defendant was tried. [1984 c.3 §6]
     137.470 [1979 c.2 §6; repealed by 1981 c.873 §9]
     137.473
Means of inflicting death; place and procedures; acquisition of lethal
substance. (1) The
punishment of death shall be inflicted by the intravenous administration of a
lethal quantity of an ultra-short-acting barbiturate in combination with a
chemical paralytic agent and potassium chloride or other equally effective
substances sufficient to cause death. The judgment shall be executed by the
superintendent of the Department of Corrections institution in which the
execution takes place, or by the designee of that superintendent. All
executions shall take place within the enclosure of a Department of Corrections
institution designated by the Director of the Department of Corrections. The
superintendent of the institution shall be present at the execution and shall
invite the presence of one or more physicians or nurse practitioners, the
Attorney General, the sheriff of the county in which the judgment was rendered
and representatives from the media. At the request of the defendant, the
superintendent shall allow no more than two members of the clergy designated by
the defendant to be present at the execution. At the discretion of the
superintendent, no more than five friends and relatives designated by the
defendant may be present at the execution. The superintendent shall allow the
presence of any peace officers as the superintendent thinks expedient.
     (2) The person who administers the lethal
injection under subsection (1) of this section shall not thereby be considered
to be engaged in the practice of medicine.
     (3)(a) Any wholesale drug outlet, as
defined in ORS 689.005, registered with the State Board of Pharmacy under ORS
689.305 may provide the lethal substance or substances described in subsection
(1) of this section upon written order of the Director of the Department of
Corrections, accompanied by a certified copy of the judgment of the court
imposing the punishment.
     (b) For purposes of ORS 689.765 (7) the
director shall be considered authorized to purchase the lethal substance or
substances described in subsection (1) of this section.
     (c) The lethal substance or substances
described in subsection (1) of this section are not controlled substances when
purchased, possessed or used for purposes of this section.
     (4) The superintendent may require that
persons who are present at the execution under subsection (1) of this section
view the initial execution procedures, prior to the point of the administration
of the lethal injection, by means of a simultaneous closed-circuit television
transmission under the direction and control of the superintendent. [1984 c.3 §7;
1987 c.320 §38; 1993 c.137 §1; 2001 c.104 §46; 2001 c.213 §1; 2003 c.103 §4;
2005 c.471 §9]
     137.475 [1979 c.2 §7; repealed by 1981 c.873 §9]
     137.476
Assistance by licensed health care professional or nonlicensed medically
trained person. (1)
Notwithstanding any other law, a licensed health care professional or a
nonlicensed medically trained person may assist the Department of Corrections
in an execution carried out under ORS 137.473.
     (2) Any assistance rendered in an
execution carried out under ORS 137.473 by a licensed health care professional or
a nonlicensed medically trained person is not cause for disciplinary measures
or regulatory oversight by any board, commission or agency created by this
state or governed by state law that oversees or regulates the practice of
health care professionals including, but not limited to, the Oregon Medical
Board and the Oregon State Board of Nursing.
     (3) The infliction of the punishment of
death by the administration of the required lethal substances in the manner
required by ORS 137.473 may not be construed to be the practice of medicine.
     (4) As used in this section, “licensed
health care professional” includes, but is not limited to, a physician,
physician assistant, nurse practitioner, nurse and emergency medical technician
licensed by the Oregon Medical Board or the Oregon State Board of Nursing. [1999
c.1055 §9]
     Note: See note under 137.464.
     137.478
Return of death warrant after execution of sentence of death. Not later than 30 days after the execution
of a sentence of death under ORS 137.473, the superintendent of the
correctional institution where the sentence was executed shall return the death
warrant to the clerk of the trial court from which the warrant was issued with
the superintendentÂ’s return on the death warrant showing the time, place and manner
in which the death warrant was executed. [1999 c.1055 §10]
     Note: See note under 137.464.
     137.482
Service of documents on defendant. A copy of any document filed in any of the following proceedings shall
be served personally on the defendant, even if the defendant is represented by
counsel, by providing the copy to the custodian of the defendant, who shall
ensure that the copy is provided promptly to the defendant:
     (1) A death warrant hearing under ORS
137.463.
     (2) A proceeding in which a person other
than the defendant seeks to stay execution of the defendantÂ’s sentence of
death.
     (3) A petition for post-conviction relief
filed under ORS 138.510 (2). [1999 c.1055 §16]
     Note: See note under 137.464.
     137.510 [Amended by 1955 c.660 §18; 1955 c.688 §1;
repealed by 1971 c.743 §432]
PROBATION AND
PAROLE BY COMMITTING MAGISTRATE
     137.520
Power of committing magistrate to parole and grant temporary release to persons
confined in county jail; authority of sheriff to release county jail inmates;
disposition of work release earnings. (1) The committing magistrate, having sentenced a defendant to
confinement in a county jail for a period of up to one year, or as provided by
rules adopted by the Oregon Criminal Justice Commission for felonies committed
on or after November 1, 1989, may parole the defendant outside the county jail
subject to condition and subject to being taken back into confinement upon the
breach of such condition. When a court paroles a defendant under this
subsection and the defendant is serving a sentence or sanction imposed under
ORS 423.478 (2)(d) or (e), the court may order the local supervisory authority
to supervise the defendant. The committing magistrate may also authorize, limit
or prohibit the release of a sentenced defendant upon pass, furlough, leave,
work or educational release.
     (2) The committing magistrate, having
sentenced a defendant to probation and having confined the defendant as a
condition of that probation in a county jail for a period up to one year, or
having imposed a sentence of probation with confinement in the county jail in
accordance with rules adopted by the Oregon Criminal Justice Commission for
felonies committed on or after November 1, 1989, may authorize, limit or
prohibit the release of such person upon pass, furlough, leave, work or
educational release.
     (3) The sheriff of a county in which a
defendant is confined in the county jail by sentence or as a condition of
probation may allow the release of the defendant upon pass, furlough, leave,
work or educational release unless otherwise ordered by the committing
magistrate.
     (4) A defendant confined in a county jail
and placed upon educational release or upon work release shall, during the
hours in which not so engaged or employed, be confined in the county jail
unless the court by order otherwise directs or unless the sheriff otherwise
directs in the absence of a contrary order by the court. The defendantÂ’s net
earnings shall be paid to the sheriff, who shall deduct therefrom and pay such
sums as may be ordered by the court for the defendantÂ’s board, restitution,
fine, support of dependents and necessary personal expense. Any balance
remaining shall be retained by the sheriff until the defendantÂ’s discharge from
custody, whereupon the balance shall be paid to the defendant. [Amended by 1959
c.345 §1; 1973 c.836 §270; 1981 c.568 §1; 1989 c.790 §15; 1993 c.14 §8; 1999
c.661 §1]
     137.523
Custody of person sentenced to confinement as condition of probation. For felonies committed on or after November
1, 1989:
     (1) When the judge sentences the defendant
to confinement in a county jail as a condition of probation, the judge shall
sentence the defendant directly to the custody of the sheriff or the
supervisory authority, as defined in rules of the Oregon Criminal Justice
Commission, with jurisdiction over the county jail.
     (2) When the judge recommends a custodial
facility or program other than jail as a condition of probation, the judge
shall sentence the defendant directly to the custody of the supervisory authority,
as defined in rules of the Oregon Criminal Justice Commission, with
jurisdiction over the facility or program. Before imposing such a sentence, the
judge must determine from the supervisory authority that space is available in
the facility or program and that the defendant meets the eligibility criteria
established for the facility or program.
     (3) A record of the time served by the
defendant in custody under community supervision during probation shall be
maintained as provided by rules adopted by the Oregon Criminal Justice
Commission. [1989 c.790 §18]
     Note: 137.523 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467;
examination; report; written consent of convicted person. (1) If a person pleads guilty or no contest
to, or is found guilty of, a crime described in ORS 163.305 to 163.467, and if
the court contemplates sentencing the person to probation, the court, before
entering judgment, may order that the person undergo an examination by a
psychiatrist or other physician found qualified and appointed by the court to
determine whether available medical treatment would be likely to reduce such
biological, emotional or psychological impulses, including any paraphilia,
which may be the cause of the criminal conduct and, if so, whether the person
is a suitable candidate medically for such treatment. Such medical treatments
may include the taking of prescribed medication.
     (2) If the examining psychiatrist or other
physician reports that available medical treatment would be likely to reduce
the biological, emotional or psychological impulses that were a probable cause
of the criminal conduct, and that the person is a suitable candidate medically
for such treatment, the court may include as a condition of probation that the
person participate in a prescribed program of medicine and accept medical
treatment at the personÂ’s own expense under the care of the psychiatrist or
other physician appointed by the court and that the person faithfully
participate in the prescribed program of medical treatment during the course of
the probation.
     (3) A sentence of probation under this
section shall not be imposed except upon the written consent of the convicted
person. Probation under this section may be revoked upon any failure of the
convicted person to cooperate in the treatment program, including, but not
limited to, any failure to meet with the treating physician as directed by the
physician or to take medication or otherwise to participate in the prescribed
program of medical treatment during the course of the probation. [1987 c.908 §3;
1993 c.14 §9]
     137.530
Investigation and report of parole and probation officers; statement of victim. (1) Parole and probation officers, when
directed by the court, shall fully investigate and report to the court in
writing on the circumstances of the offense, criminal record, social history
and present condition and environment of any defendant. Unless the court
directs otherwise in individual cases, a defendant may not be sentenced to
probation until the report of the investigation has been presented to and
considered by the court.
     (2) Whenever a presentence report is made,
the preparer of the report shall make a reasonable effort to contact the victim
and obtain a statement describing the effect of the defendantÂ’s offense upon
the victim. If the victim is under 18 years of age, the preparer shall obtain
the consent of the victimÂ’s parent or guardian before contacting the victim.
The preparer of the report shall include the statement of the victim in the
presentence investigation report. If the preparer is unable to contact the
victim or if the victim declines to make a statement, the preparer shall report
that the preparer was unable to contact the victim after making reasonable
efforts to do so, or, if contact was made with the victim, that the victim
declined to make a statement for purposes of this section. Before taking a
statement from the victim, the preparer of the report shall inform the victim
that the statement will be made available to the defendant and the defendantÂ’s
attorney prior to sentencing as required under ORS 137.079.
     (3) Whenever desirable, and facilities
exist for conducting physical and mental examinations, the investigation shall
include physical and mental examinations of such defendants.
     (4) As used in this section, “victim”
means the person or persons who have suffered financial, social, psychological
or physical harm as a result of an offense, and includes, in the case of any
homicide or abuse of corpse in any degree, an appropriate member of the
immediate family of the decedent. [Amended by 1983 c.723 §1; 1993 c.14 §10;
1993 c.294 §4; 2005 c.264 §2]
     137.533
Probation without entering judgment of guilt; when appropriate; effect of
violating condition of probation. (1) Whenever a person pleads guilty to or is found guilty of a
misdemeanor other than driving while under the influence of intoxicants or
other than a misdemeanor involving domestic violence as defined in ORS 135.230,
the court may defer further proceedings and place the person on probation, upon
motion of the district attorney and without entering a judgment of guilt, if
the person:
     (a) Consents to the disposition;
     (b) Has not previously been convicted of
any offense in any jurisdiction;
     (c) Has not been placed on probation under
ORS 475.245;
     (d) Has not completed a diversion under
ORS 135.881 to 135.901; and
     (e) Agrees to pay the unitary assessment
for which the person would have been liable under ORS 137.290 if the person had
been convicted. The person must pay the unitary assessment within 90 days of
imposition unless the court allows payment at a later time. The person shall
pay the unitary assessment to the clerk of the court, who shall account for and
distribute the moneys as provided in ORS 137.293 and 137.295.
     (2) A district attorney may submit a
motion under subsection (1) of this section if, after considering the factors
listed in subsection (3) of this section, the district attorney finds that
disposition under this section would be in the interests of justice and of
benefit to the person and the community.
     (3) In determining whether disposition
under this section is in the interests of justice and of benefit to the person
and the community, the district attorney shall consider at least the following
factors:
     (a) The nature of the offense. However,
the offense must not have involved injury to another person.
     (b) Any special characteristics or
difficulties of the person.
     (c) Whether there is a probability that
the person will cooperate with and benefit from alternative treatment.
     (d) Whether an available program is
appropriate to the needs of the person.
     (e) The impact of the disposition upon the
community.
     (f) Recommendations, if any, of the
involved law enforcement agency.
     (g) Recommendations, if any, of the
victim.
     (h) Provisions for restitution.
     (i) Any mitigating circumstances.
     (4) Upon violation of a term or condition
of probation, the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon the personÂ’s fulfillment of the terms and conditions
of probation, the court shall discharge the person and dismiss the proceedings
against the person. A discharge and dismissal under this section is without
adjudication of guilt and is not a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime. A person may be
discharged and have proceedings dismissed only once under this section.
     (5) Subsections (1) to (4) of this section
do not affect any domestic violence sentencing programs. [1999 c.819 §§1,2]
     Note: 137.533 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.540
Conditions of probation; evaluation and treatment; effect of failure to abide
by conditions; modification.
(1) The court may sentence the defendant to probation subject to the following
general conditions unless specifically deleted by the court. The probationer
shall:
     (a) Pay supervision fees, fines,
restitution or other fees ordered by the court.
     (b) Not use or possess controlled
substances except pursuant to a medical prescription.
     (c) Submit to testing of breath or urine
for controlled substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the probationer has
illegally used controlled substances.
     (d) Participate in a substance abuse
evaluation as directed by the supervising officer and follow the
recommendations of the evaluator if there are reasonable grounds to believe
there is a history of substance abuse.
     (e) Remain in the State of
     (f) If physically able, find and maintain
gainful full-time employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding by the court
stating the reasons for the waiver.
     (g) Change neither employment nor
residence without prior permission from the Department of Corrections or a
county community corrections agency.
     (h) Permit the parole and probation
officer to visit the probationer or the probationerÂ’s work site or residence
and to conduct a walk-through of the common areas and of the rooms in the
residence occupied by or under the control of the probationer.
     (i) Consent to the search of person,
vehicle or premises upon the request of a representative of the supervising
officer if the supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to fingerprinting or
photographing, or both, when requested by the Department of Corrections or a
county community corrections agency for supervision purposes.
     (j) Obey all laws, municipal, county,
state and federal.
     (k) Promptly and truthfully answer all
reasonable inquiries by the Department of Corrections or a county community
corrections agency.
     (L) Not possess weapons, firearms or
dangerous animals.
     (m) If recommended by the supervising
officer, successfully complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the direction of
the supervising officer if the probationer:
     (A) Is under supervision for a sex offense
under ORS 163.305 to 163.467;
     (B) Was previously convicted of a sex
offense under ORS 163.305 to 163.467; or
     (C) Was previously convicted in another
jurisdiction of an offense that would constitute a sex offense under ORS
163.305 to 163.467 if committed in this state.
     (n) Participate in a mental health
evaluation as directed by the supervising officer and follow the recommendation
of the evaluator.
     (o) Report as required and abide by the
direction of the supervising officer.
     (p) If required to report as a sex
offender under ORS 181.596, report with the Department of State Police, a chief
of police, a county sheriff or the supervising agency:
     (A) When supervision begins;
     (B) Within 10 days of a change in
residence;
     (C) Once each year within 10 days of the
probationerÂ’s date of birth;
     (D) Within 10 days of the first day the
person works at, carries on a vocation at or attends an institution of higher
education; and
     (E) Within 10 days of a change in work,
vocation or attendance status at an institution of higher education.
     (2) In addition to the general conditions,
the court may impose any special conditions of probation that are reasonably
related to the crime of conviction or the needs of the probationer for the
protection of the public or reformation of the probationer, or both, including,
but not limited to, that the probationer shall:
     (a) For crimes committed prior to November
1, 1989, and misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationerÂ’s own residence or to
the premises thereof, or be subject to any combination of such confinement and
restriction, such confinement or restriction or combination thereof to be for a
period not to exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is convicted,
whichever is the lesser.
     (b) For felonies committed on or after
November 1, 1989, be confined in the county jail, or be subject to other
custodial sanctions under community supervision, or both, as provided by rules
of the Oregon Criminal Justice Commission.
     (c) For crimes committed on or after
December 5, 1996, sell any assets of the probationer as specifically ordered by
the court in order to pay restitution.
     (3) When a person who is a sex offender is
released on probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides,
without the approval of the personÂ’s supervising parole and probation officer,
or in which more than one other sex offender who is on probation, parole or
post-prison supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the
Department of Corrections, or a designee of the director or manager. As soon as
practicable, the supervising parole and probation officer of a person subject
to the requirements of this subsection shall review the personÂ’s living
arrangement with the personÂ’s sex offender treatment provider to ensure that
the arrangement supports the goals of offender rehabilitation and community
safety. As used in this subsection:
     (a) “Dwelling” has the meaning given that
term in ORS 469.160.
     (b) “Dwelling” does not include a
residential treatment facility or a halfway house.
     (c) “Halfway house” means a publicly or
privately operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
     (d) “Sex offender” has the meaning given
that term in ORS 181.594.
     (4)(a) If the person is released on
probation following conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was under 18
years of age, the court, if requested by the victim, shall include as a special
condition of the personÂ’s probation that the person not reside within three
miles of the victim unless:
     (A) The victim resides in a county having
a population of less than 130,000 and the person is required to reside in that
county;
     (B) The person demonstrates to the court
by a preponderance of the evidence that no mental intimidation or pressure was
brought to bear during the commission of the crime;
     (C) The person demonstrates to the court
by a preponderance of the evidence that imposition of the condition will
deprive the person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of the probation;
or
     (D) The person resides in a halfway house.
As used in this subparagraph, “halfway house” means a publicly or privately
operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.
     (b) A victim may request imposition of the
special condition of probation described in this subsection at the time of
sentencing in person or through the prosecuting attorney.
     (c) If the court imposes the special
condition of probation described in this subsection and if at any time during
the period of probation the victim moves to within three miles of the
probationerÂ’s residence, the court may not require the probationer to change
the probationerÂ’s residence in order to comply with the special condition of
probation.
     (5) When a person who is a sex offender,
as defined in ORS 181.594, is released on probation, the Department of
Corrections or the county community corrections agency, whichever is
appropriate, shall notify the chief of police, if the person is going to reside
within a city, and the county sheriff of the county in which the person is
going to reside of the personÂ’s release and the conditions of the personÂ’s
release.
     (6) Failure to abide by all general and
special conditions imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result in arrest,
modification of conditions, revocation of probation or imposition of
structured, intermediate sanctions in accordance with rules adopted under ORS
137.595.
     (7) The court may at any time modify the
conditions of probation.
     (8) A court may not order revocation of
probation as a result of the probationerÂ’s failure to pay restitution unless
the court determines from the totality of the circumstances that the purposes
of the probation are not being served.
     (9) It is not a cause for revocation of
probation that the probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress. As used in this
subsection, “labor dispute” has the meaning for that term provided in ORS
662.010.
     (10) As used in this section, “attends,” “institution
of higher education,” “works” and “carries on a vocation” have the meanings
given those terms in ORS 181.594. [Amended by 1965 c.346 §1; 1969 c.597 §125;
1977 c.371 §3; 1977 c.380 §2; 1981 c.671 §1; 1983 c.588 §2; 1985 c.818 §2; 1987
c.780 §3; 1989 c.790 §16; 1991 c.196 §1; 1991 c.630 §5; 1991 c.731 §1; 1993
c.14 §11; 1993 c.680 §16; 1997 c.313 §24; 1999 c.626 §11; amendments by 1999
c.626 §34 repealed by 2001 c.884 §1; 2001 c.726 §§1,2; 2001 c.884 §5; 2005
c.264 §3; 2005 c.558 §1; 2005 c.567 §8; 2005 c.576 §1a; 2005 c.642 §1]
     137.545
Period of probation; discharge from probation; proceedings in case of violation
of conditions. (1) Subject
to the limitations in ORS 137.010 and to rules of the Oregon Criminal Justice
Commission for felonies committed on or after November 1, 1989:
     (a) The period of probation shall be as
the court determines and may, in the discretion of the court, be continued or
extended.
     (b) The court may at any time discharge a
person from probation.
     (2) At any time during the probation
period, the court may issue a warrant and cause a defendant to be arrested for
violating any of the conditions of probation. Any parole and probation officer,
police officer or other officer with power of arrest may arrest a probationer
without a warrant for violating any condition of probation, and a statement by
the parole and probation officer or arresting officer setting forth that the
probationer has, in the judgment of the parole and probation officer or
arresting officer, violated the conditions of probation is sufficient warrant
for the detention of the probationer in the county jail until the probationer
can be brought before the court or until the parole and probation officer or
supervisory personnel impose and the offender agrees to structured,
intermediate sanctions in accordance with the rules adopted under ORS 137.595.
Disposition shall be made during the first 36 hours in custody, excluding
Saturdays, Sundays and holidays, unless later disposition is authorized by
supervisory personnel. If authorized by supervisory personnel, the disposition
shall take place in no more than five judicial days. If the offender does not
consent to structured, intermediate sanctions imposed by the parole and
probation officer or supervisory personnel in accordance with the rules adopted
under ORS 137.595, the parole and probation officer, as soon as practicable, but
within one judicial day, shall report the arrest or detention to the court that
imposed the probation. The parole and probation officer shall promptly submit
to the court a report showing in what manner the probationer has violated the
conditions of probation.
     (3) Except for good cause shown or at the
request of the probationer, the probationer shall be brought before a
magistrate during the first 36 hours of custody, excluding holidays, Saturdays
and Sundays. That magistrate, in the exercise of discretion, may order the
probationer held pending a violation or revocation hearing or pending transfer
to the jurisdiction of another court where the probation was imposed. In lieu
of an order that the probationer be held, the magistrate may release the probationer
upon the condition that the probationer appear in court at a later date for a
probation violation or revocation hearing. If the probationer is being held on
an out-of-county warrant, the magistrate may order the probationer released
subject to an additional order to the probationer that the probationer report
within seven calendar days to the court that imposed the probation.
     (4) When a probationer has been sentenced
to probation in more than one county and the probationer is being held on an
out-of-county warrant for a probation violation, the court may consider
consolidation of some or all pending probation violation proceedings pursuant
to rules made and orders issued by the Chief Justice of the Supreme Court under
ORS 137.547:
     (a) Upon the motion of the district
attorney or defense counsel in the county in which the probationer is held; or
     (b) Upon the court’s own motion.
     (5)(a) For defendants sentenced for
felonies committed prior to November 1, 1989, and for any misdemeanor, the
court that imposed the probation, after summary hearing, may revoke the
probation and:
     (A) If the execution of some other part of
the sentence has been suspended, the court shall cause the rest of the sentence
imposed to be executed.
     (B) If no other sentence has been imposed,
the court may impose any other sentence which originally could have been
imposed.
     (b) For defendants sentenced for felonies
committed on or after November 1, 1989, the court that imposed the probationary
sentence may revoke probation supervision and impose a sanction as provided by
rules of the Oregon Criminal Justice Commission.
     (6) Except for good cause shown, if the
revocation hearing is not conducted within 14 calendar days following the
arrest or detention of the probationer, the probationer shall be released from
custody.
     (7) A defendant who has been previously
confined in the county jail as a condition of probation pursuant to ORS 137.540
or as part of a probationary sentence pursuant to the rules of the Oregon
Criminal Justice Commission may be given credit for all time thus served in any
order or judgment of confinement resulting from revocation of probation.
     (8) In the case of any defendant whose
sentence has been suspended but who has not been sentenced to probation, the
court may issue a warrant and cause the defendant to be arrested and brought
before the court at any time within the maximum period for which the defendant
might originally have been sentenced. Thereupon the court, after summary
hearing, may revoke the suspension of sentence and cause the sentence imposed
to be executed.
     (9) If a probationer fails to appear or
report to a court for further proceedings as required by an order under
subsection (3) of this section, the failure to appear may be prosecuted in the
county to which the probationer was ordered to appear or report.
     (10) The probationer may admit or deny the
violation by being physically present at the hearing or by means of
simultaneous electronic transmission as described in ORS 131.045.
     (11)(a) The victim has the right:
     (A) Upon request made within the time
period prescribed in the notice required by ORS 147.417, to be notified by the
district attorney of any hearing before the court that may result in the
revocation of the defendantÂ’s probation;
     (B) To appear personally at the hearing;
and
     (C) If present, to reasonably express any
views relevant to the issues before the court.
     (b) Failure of the district attorney to
notify the victim under paragraph (a) of this subsection or failure of the
victim to appear at the hearing does not affect the validity of the proceeding.
[Formerly 137.550; 2003 c.577 §14; 2005 c.264 §4; 2005 c.566 §11]
     137.547
Consolidation of probation violation proceedings; rules. (1) Notwithstanding any other provision of
law, the Chief Justice of the Supreme Court may make rules or issue orders
under ORS 1.002 to establish procedures for the consolidation of probation
violation proceedings pending against a probationer in multiple circuit courts.
     (2) Rules made or orders issued under this
section:
     (a) Shall provide that if a probationer is
alleged to have violated the conditions of a sentence of probation in more than
one court, an initiating court may consider consolidation of some or all
pending probation violation proceedings before one or more appropriate courts:
     (A) Upon the motion of the district
attorney or the defense counsel in the county in which the probationer is in
custody or otherwise before the court; or
     (B) Upon the court’s own motion.
     (b) May determine which courts are appropriate
courts for the consolidation of probation violation proceedings in described
circumstances or establish a process for determining an appropriate court.
     (c) Shall require the consent of the
probationer to a consolidated probation violation proceeding and written
waivers by the probationer as determined necessary or fair.
     (d) Shall require the approval of the
judge of any responding court, the initiating court and any appropriate court
being considered for a consolidated probation violation proceeding.
     (e) Shall require the approval of the
district attorney of the county for any responding court, the initiating court
and any court being considered as an appropriate court.
     (f) May provide for the recall of warrants
in any court other than the appropriate court as convenient to accomplish the
purposes of this section.
     (g) May provide for the transmission of
copies of such papers, records or other information to or from courts, district
attorneys and parole and probation officers as is necessary, appropriate or
convenient for a consolidated probation violation proceeding under this
section.
     (h) May provide any processes necessary,
appropriate or convenient for the proceeding before the appropriate court and
for the appropriate court to make a disposition of the cases that are
consolidated in a proceeding under this section.
     (i) May include any rules or orders
establishing other procedures necessary, appropriate or convenient for the fair
and expeditious resolution of consolidated probation violation proceedings
under this section.
     (3) When an appropriate court transmits
the judgment it enters for a consolidated probation violation proceeding under
this section to the initiating court, if different from the appropriate court,
and to a responding court for filing, thereafter that judgment is for all
purposes the same as a judgment of the court of the initiating or responding
county with regard to the matters on which that judgment makes determination
and disposition.
     (4) As used in this section:
     (a) “Appropriate court” means the court
most appropriate to hold a consolidated probation violation proceeding under
this section given the totality of the circumstances involving the alleged
probation violations and multiple jurisdiction proceedings. The circumstances
include, but are not limited to:
     (A) The location, residence or work
location of the probationer;
     (B) The location of the probationer’s
parole and probation officer;
     (C) The location of any witnesses or
victims of the alleged violations or of any alleged new offenses with which the
probationer is charged;
     (D) The location of any victims of the
offense for which the probationer was sentenced to probation;
     (E) The nature and location of previous
offenses for which the probationer is serving a sentence;
     (F) The nature of any new offenses with
which the probationer is charged;
     (G) The resources of local jails;
     (H) The nature and location of any
services that may be appropriate as a consequence of the alleged violation or
new charges;
     (I) Whether the judge who imposed the
original sentence provided in the original judgment direction to return any
probation violation proceedings to that judge; and
     (J) The interests of local courts and
district attorneys concerning the probationer and any disposition that a court
may impose concerning the probationer.
     (b) “Initiating court” means the court in
which a probationer is in custody or otherwise before the court.
     (c) “Responding court” means a court other
than an initiating court or appropriate court that entered a judgment under
which the probationer is currently serving a sentence of probation and which
court consents to the consolidation of probation violation proceedings in an
appropriate court under this section. [1999 c.614 §1; 2005 c.264 §5]
     Note: 137.547 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.550 [Amended by 1955 c.688 §2; 1965 c.346 §2;
1971 c.743 §326; 1987 c.908 §1; 1989 c.790 §17; 1991 c.196 §2; 1993 c.14 §12;
1993 c.581 §2; 1993 c.680 §17; 1997 c.313 §11; 1999 c.614 §2; renumbered
137.545 in 1999]
     137.551
Revocation of probationary sentences; release dates; rules. (1) The State Board of Parole and
Post-Prison Supervision shall adopt rules to establish release dates for
revocations of probationary sentences imposed for felonies committed before
November 1, 1989.
     (2) To the extent permissible under law,
the release dates for revocation of probationary sentences imposed for felonies
committed before November 1, 1989, shall be set consistent with sanctions for
probation revocations as provided by rules of the Oregon Criminal Justice
Commission for felonies committed on or after November 1, 1989. [1989 c.790 §18a]
     Note: 137.551 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.553
Use of citations for probation violations authorized. (1) In addition to any authority granted
under ORS 137.545, a court may authorize the use of citations to direct its
probationers who violate conditions of probation to appear before the court.
The following apply to the use of citations under this subsection:
     (a) A court may authorize issuance of
citations under this subsection only by officers who are permitted under ORS
137.545 to make an arrest without a warrant.
     (b) Nothing in this subsection limits the
authority, under ORS 137.545, of a parole and probation officer, police officer
or other officer to arrest for violation of conditions of probation even if the
officer is authorized under this section to issue a citation.
     (c) A court may impose any conditions upon
an authorization under this subsection that the court considers appropriate.
The conditions may include, but are not limited to, requirements that citation
authority be sought on a case-by-case basis, provision for citation in all
cases that meet certain conditions, allowance of citation for certain types of
cases or designation of certain cases where citations shall not be used.
     (2) The cited probationer shall appear
before the court at the time, date and court specified in the citation. If the
probationer fails to appear at the time, date and court specified in the
citation, the court may issue a warrant of arrest, upon the request of the
supervisor of probation, or upon request of the district attorney, or upon the
court’s own motion. [1987 c.761 §2; 2005 c.264 §6]
     137.557
Citation; procedure; contents.
(1) If a citation is issued under ORS 137.553, the officer who issues the
citation shall serve one copy of the citation to the probationer who is cited to
appear and shall, as soon as practicable, file a duplicate copy with the court
in which the probationer is cited to appear, along with proof of service.
     (2) Each copy of the citation issued under
ORS 137.553 shall contain:
     (a) The name of the court at which the
cited probationer is to appear.
     (b) The name of the probationer cited.
     (c) A brief description of the asserted
probation violation, the date, the time and the place at which the violation
occurred, the date on which the citation was issued and the name of the officer
who issued the citation.
     (d) The time, date and place at which the
cited probationer is to appear in court.
     (e) A notice to the effect that:
     (A) The citation is not itself a motion to
revoke probation, but that such a motion will be filed and a copy provided to
the probationer when the probationer appears at court;
     (B) The probationer must appear in court
at the time set in the citation; and
     (C) If the probationer fails to appear as
directed, the court may immediately issue a warrant for the probationerÂ’s
arrest or the probationer may immediately be taken into custody by the officer
responsible for supervising the probation. [1987 c.761 §3]
     137.560
Copies of certain judgments to be sent to Department of Corrections. Within 10 days following the issuing of any
judgment of suspension of imposition or execution of sentence or of probation
of any person convicted of a crime, or of the continuation, extension,
modification or revocation of any such judgment, or of the discharge of such
person, or the recommendation by the court to the Governor of the pardon of
such person, provided such person is under the jurisdiction of the Department
of Corrections, the court issuing such a judgment shall cause prompt delivery
of a copy of the same to the Director of the Department of Corrections. [Amended
by 1973 c.836 §271; 1979 c.75 §1; 1987 c.320 §39; 1991 c.111 §16; 1993 c.18 §23]
     137.570
Authority to transfer probationer from one agency to another; procedure. A court may transfer a person on probation
under its jurisdiction from the supervision of one probation agency to that of
another probation agency. Whenever a person sentenced to probation resides in
or is to remove to a locality outside the jurisdiction of the court that
sentenced the person to probation, the court may transfer the person to a
parole and probation officer appointed to serve for the locality in which the
person resides or to which the person is to remove:
     (1) If the parole and probation officer
sends to the court desiring to make such transfer a written statement that the
parole and probation officer will exercise supervision over the person.
     (2) If the statement is approved in
writing by the judge of the court to which the parole and probation officer is
attached. [Amended by 1973 c.836 §272; 1993 c.14 §13; 2005 c.264 §7]
     137.580
Effect of transfer of probationer from one agency to another. Whenever the transfer mentioned in ORS
137.570 is made, the court making it shall send to the probation agency to
whose supervision the probationer is transferred a copy of all the records of
the court as to the offense, criminal record and social history of the
probationer. The probation agency shall report concerning the conduct and
progress of the probationer to the court that sentenced the probationer to
probation. Parole and probation officers or agencies shall have, with respect
to persons transferred to their supervision from any other jurisdiction, all
the powers and be subject to all the duties now imposed by law upon them in
regard to probationers received on probation from courts in their own
jurisdiction. [Amended by 1973 c.836 §273; 1993 c.14 §14; 2005 c.264 §8]
     137.590
Appointment of parole and probation officers and assistants; chief parole and
probation officer. The judge
or judges of any court of criminal jurisdiction, including municipal courts,
may appoint, with the prior approval of the governing body of the county or
city involved, and at pleasure remove, parole and probation officers and
clerical assistants that may be necessary. Parole and probation officers
appointed by the court shall be selected because of definite qualifications as
to character, personality, ability and training. In courts where more than one
parole and probation officer is appointed, one shall be designated chief parole
and probation officer and shall have general supervision of the probation work
of parole and probation officers appointed by and under the direction of the
court. Appointments shall be in writing and entered on the records of the
court. Parole and probation officers and clerical assistants appointed under
this section are not state officers or employees, and their compensation and
expenses shall not be paid by the state. [Amended by 1971 c.633 §12; 1973 c.836
§274; 1981 s.s. c.3 §38; 2005 c.264 §9]
     137.592
Policy regarding probation violations. The Legislative Assembly finds that:
     (1) To protect the public, the criminal
justice system must compel compliance with the conditions of probation by
responding to violations with swift, certain and fair punishments.
     (2) Decisions to incarcerate offenders in
state prisons for violation of the conditions of probation must be made upon a
reasonably systematic basis that will insure that available prison space is
used to house those offenders who constitute a serious threat to the public,
taking into consideration the availability of both prison space and local
resources. [1993 c.680 §8]
     Note: 137.592 to 137.599 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.593
Duty of corrections agencies to impose structured, intermediate sanctions for
probation violations. (1) Except
as otherwise provided in subsection (2) of this section, when a court suspends
the imposition or execution of sentence and places a defendant on probation, or
sentences a defendant to probation under the rules of the Oregon Criminal
Justice Commission and orders a defendant placed under the supervision of the
Department of Corrections or a county community corrections agency, the
Department of Corrections or the county community corrections agency shall
impose structured, intermediate sanctions for the violation of conditions of
probation in accordance with rules adopted under ORS 137.595. Under no
circumstances may the Department of Corrections or a county community
corrections agency revoke probation.
     (2) Notwithstanding ORS 137.124 and
423.478 and any other provision of law, the sentencing judge shall retain
authority:
     (a) To revoke probation and receive
recommendations regarding revocation of probation from the supervising officer
made in accordance with rules adopted under ORS 137.595;
     (b) To determine whether conditions of
probation have been violated and to impose sanctions for the violations if the
court, at the time of sentencing, states on the record that the court is
retaining such authority;
     (c) To cause a probationer to be brought
before the court for a hearing upon motion of the district attorney or the
courtÂ’s own motion prior to the imposition of any structured, intermediate
sanctions or within four judicial days after receiving notice that a
structured, intermediate sanction has been imposed on the probationer pursuant
to rules adopted under ORS 137.595 and to revoke probation or impose such other
or additional sanctions or modify the conditions of probation as authorized by
law; and
     (d) To impose and require an offender to
serve a period of incarceration not to exceed 180 days as a sanction for
revocation of probation.
     (3) In no case may the sentencing judge
cause a probationer to be brought before the court for a hearing and revoke
probation or impose other or additional sanctions after the probationer has
completed a structured, intermediate sanction imposed by the Department of
Corrections or a county community corrections agency pursuant to rules adopted
under ORS 137.595. [1993 c.680 §10; 1995 c.423 §9a]
     Note: See note under 137.592.
     137.595
Establishing system of sanctions; rules. (1) The Department of Corrections shall adopt rules to carry out the
purposes of chapter 680, Oregon Laws 1993, by establishing a system of
structured, intermediate probation violation sanctions that may be imposed by
the Department of Corrections or a county community corrections agency, taking
into consideration the severity of the violation behavior, the prior violation
history, the severity of the underlying criminal conviction, the criminal history
of the offender, protection of the community, deterrence, the effective
capacity of the state prisons and the availability of appropriate local
sanctions including, but not limited to, jail, community service work, house
arrest, electronic surveillance, restitution centers, work release centers, day
reporting centers or other local sanctions.
     (2) Rules adopted by the Department of
Corrections under this section shall establish:
     (a) A system of structured, intermediate
probation violation sanctions that may be imposed by the Department of
Corrections or a county community corrections agency on a probationer who
waives in writing a probation violation hearing, admits or affirmatively
chooses not to contest the violations alleged in a probation violation report
and consents to the sanctions;
     (b) Procedures to provide a probationer
with written notice of the probationerÂ’s right to a hearing before the court to
determine whether the probationer violated the conditions of probation alleged
in a probation violation report, and if so, whether to continue the probationer
on probation subject to the same or modified conditions, or order sanctions for
any violations and the right to be represented by counsel at the hearing if the
probationer is financially eligible;
     (c) Procedures for a probationer to waive
in writing a probation violation hearing, admit or not contest the violations
alleged in the probation violation report and consent to the imposition of
structured, intermediate sanctions by the Department of Corrections or a county
community corrections agency;
     (d) The level and type of sanctions that
may be imposed by parole and probation officers and by supervisory personnel;
     (e) The level and type of violation
behavior warranting a recommendation to the court that probation be revoked;
     (f) Procedures for notifying district
attorneys and the courts of probation violations admitted by probationers and
the sanctions imposed by the Department of Corrections or county community
corrections agencies; and
     (g) Such other policies or procedures as
are necessary to carry out the purposes of chapter 680,
     (3) Jail confinement imposed as a
custodial sanction by the Department of Corrections or a county community
corrections agency pursuant to rules adopted under this section may not exceed
60 days per violation report. The total number of days of jail confinement for
all violation reports per conviction may not exceed the maximum number of
available jail custody units under rules adopted by the Oregon Criminal Justice
Commission.
     (4) Nonjail confinement imposed as a
custodial sanction by the Department of Corrections or a county community
corrections agency pursuant to rules adopted under this section may not exceed
the maximum number of available nonjail custody units under rules adopted by
the Oregon Criminal Justice Commission. [1993 c.680 §11; 1999 c.121 §1; 2001
c.962 §93; 2005 c.264 §10]
     Note: See note under 137.592.
     Note: Legislative Counsel has substituted “chapter
680, Oregon Laws 1993,” for the words “this Act” in section 11, chapter 680,
Oregon Laws 1993, compiled as 137.595. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by referring
to the 1993 Comparative Section Table located in Volume 20 of ORS.
     137.596
Probation violations; custodial sanctions; rules. The Oregon Criminal Justice Commission shall
amend its rules to increase the jail and nonjail custody units that can be
imposed as custodial sanctions for probation violations under ORS 137.595. The
commission shall base the amendments on the existing rule structure and may not
increase existing sanction limits by more than 60 days. [2001 c.737 §1]
     Note: See note under 137.592.
     137.597
Probationer may consent to imposition of sanctions. Subject to rules adopted under ORS 137.595,
after receiving written notification of rights, a probationer may waive in
writing a probation violation hearing, admit or not contest the violations
alleged in the probation violation report and consent to the imposition of
structured, intermediate sanctions by the Department of Corrections or a county
community corrections agency pursuant to rules adopted under ORS 137.595. [1993
c.680 §12]
     Note: See note under 137.592.
     137.599
Hearing prior to, or after, imposition of sanctions. Prior to the imposition of any structured,
intermediate sanction or within four judicial days after receiving notice that
a structured, intermediate sanction has been imposed on a probationer pursuant
to rules adopted under ORS 137.595, the court, upon motion of the district
attorney or on its own motion, may cause the probationer to be brought before
the court for a hearing, and may revoke probation or impose such other or
additional sanctions or modify the conditions of probation as authorized by
law. In no case may the sentencing judge cause a probationer to be brought
before the court for a hearing and revoke probation or impose other or
additional sanctions after the probationer has completed a structured,
intermediate sanction imposed by the Department of Corrections or a county
community corrections agency pursuant to rules adopted under ORS 137.595. [1993
c.680 §13]
     Note: See note under 137.592.
     137.600 [Repealed by 1955 c.491 §9]
     137.610
Performance by Department of Corrections staff of duties of parole and
probation officers appointed by judge. The judge or judges of any court of criminal jurisdiction, including
municipal courts, may request at any time the staff of the Department of
Corrections to perform any of the duties that might be required of a parole and
probation officer appointed by the court pursuant to ORS 137.590. All requests
for services of the staff shall be made upon the Director of the Department of
Corrections, who shall order the prompt performance of any such requested
service whenever members of the staff are available for such duty. [Amended by
1969 c.597 §126; 1987 c.320 §40; 2005 c.264 §11]
     137.620
Powers of parole and probation officers; oath of office; bond; audit of
accounts. (1) As used in
this section, “parole and probation officer” has the meaning given that term in
ORS 181.610.
     (2) Parole and probation officers of the
Department of Corrections or a county community corrections agency and those
appointed by the court have the powers of peace officers in the execution of
their duties, but are not active members of the regular police force. Each
parole and probation officer appointed by the court, before entering on the
duties of office, shall take an oath of office. Each parole and probation
officer who collects or has custody of money shall execute a bond in a penal
sum to be fixed by the court, with sufficient sureties approved thereby,
conditioned for the honest accounting of all money received by the parole and
probation officer as a parole and probation officer. The accounts of all parole
and probation officers are subject to audit at any time by the proper fiscal
authorities. [Amended by 1973 c.836 §275; 1987 c.320 §41; 2005 c.264 §1]
     137.630
Duties of parole and probation officers. The duties of parole and probation officers appointed pursuant to ORS
137.590 or 423.500 to 423.560 are:
     (a) To make investigations and reports
under ORS 137.530 as are required by the judge of any court having jurisdiction
within the county, city or judicial district for which the officer is appointed
to serve.
     (b) To receive under supervision any
person sentenced to probation by any court in the jurisdiction area for which
the officers are appointed to serve.
     (c) To provide release assistance, and
supervise any person placed in a diversion, work release or community services
alternative program, by any court in the jurisdiction area for which the
officers are appointed to serve.
     (d) To give each person under their
supervision a statement of the conditions of probation or program participation
and to instruct the person regarding the conditions.
     (e) To keep informed concerning the
conduct and condition of persons under their supervision by visiting, requiring
reports and otherwise.
     (f) To use all suitable methods, not
inconsistent with the condition of probation or program participation, to aid
and encourage persons under their supervision and to effect improvement in
their conduct and condition.
     (g) To keep detailed records of the work
done and to make reports to the courts and to the Department of Corrections as
the courts require.
     (h) To perform other duties not
inconsistent with the normal and customary functions of parole and probation
officers as may be required by any court in the jurisdiction area for which the
officers are appointed to serve.
     (2) Parole and probation officers of the
Department of Corrections have duties as specified by rule adopted by the
Director of the Department of Corrections.
     (3) Notwithstanding subsection (2) of this
section, parole and probation officers may not be required to collect from
persons under their supervision any fees to offset the costs of supervising the
probation, including but not limited to those ordered pursuant to ORS 137.540
or 423.570. [Amended by 1969 c.597 §127; 1981 c.447 §1; 1987 c.320 §42; 1993
c.14 §15; 2005 c.264 §12]
DETERMINATE
SENTENCES
     137.635
Determinate sentences required for certain felony convictions. (1) When, in the case of a felony described
in subsection (2) of this section, a court sentences a convicted defendant who
has previously been convicted of any felony designated in subsection (2) of
this section, the sentence shall not be an indeterminate sentence to which the
defendant otherwise would be subject under ORS 137.120, but, unless it imposes
a death penalty under ORS 163.105, the court shall impose a determinate
sentence, the length of which the court shall determine, to the custody of the
Department of Corrections. Any mandatory minimum sentence otherwise provided by
law shall apply. The sentence shall not exceed the maximum sentence otherwise
provided by law in such cases. The convicted defendant who is subject to this
section shall not be eligible for probation. The convicted defendant shall
serve the entire sentence imposed by the court and shall not, during the
service of such a sentence, be eligible for parole or any form of temporary
leave from custody. The person shall not be eligible for any reduction in
sentence pursuant to ORS 421.120 or for any reduction in term of incarceration
pursuant to ORS 421.121.
     (2) Felonies to which subsection (1) of
this section applies include and are limited to:
     (a) Murder, as defined in ORS 163.115, and
any aggravated form thereof.
     (b) Manslaughter in the first degree, as
defined in ORS 163.118.
     (c) Assault in the first degree, as
defined in ORS 163.185.
     (d) Kidnapping in the first degree, as
defined in ORS 163.235.
     (e) Rape in the first degree, as defined
in ORS 163.375.
     (f) Sodomy in the first degree, as defined
in ORS 163.405.
     (g) Unlawful sexual penetration in the
first degree, as defined in ORS 163.411.
     (h) Burglary in the first degree, as
defined in ORS 164.225.
     (i) Arson in the first degree, as defined
in ORS 164.325.
     (j) Robbery in the first degree, as
defined in ORS 164.415.
     (3) When the court imposes a sentence
under this section, the court shall indicate in the judgment that the defendant
is subject to this section. [1989 c.1 §§2,3; 1991 c.386 §6; 1993 c.692 §5; 1995
c.79 §49; 2003 c.14 §59]
     137.637
Determining length of determinate sentences. When a determinate sentence of imprisonment is required or authorized
by statute, the sentence imposed shall be the determinate sentence or the
sentence as provided by the rules of the Oregon Criminal Justice Commission,
whichever is longer. [1989 c.790 §82; 1995 c.520 §2]
     Note: 137.637 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     137.640 [Repealed by 1961 c.359 §1]
     137.650 [Repealed by 1961 c.359 §1]
     137.651
Definitions. As used in ORS
137.654, 137.656 and 137.658:
     (1) “Commission” means the Oregon Criminal
Justice Commission.
     (2) “Criminal justice system” includes all
activities and agencies, whether state or local, public or private, pertaining
to the prevention, prosecution and defense of offenses, the disposition of
offenders under the criminal law and the disposition or treatment of juveniles
adjudicated to have committed an act which, if committed by an adult, would be
a crime. The “criminal justice system” includes police, public prosecutors,
defense counsel, courts, correction systems, mental health agencies, crime
victims and all public and private agencies providing services in connection
with those elements, whether voluntarily, contractually or by order of a court.
[1985 c.558 §1; 1995 c.420 §4; 1997 c.433 §1]
     Note: 137.651 to 137.673 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     137.653 [1985 c.558 §2; 1987 c.879 §18; 1989 c.548 §1;
1993 c.188 §2; repealed by 1995 c.420 §14]
     137.654
     (a) Members shall be appointed with
consideration of the different geographic regions of the state.
     (b) Not more than four members may belong
to the same political party. Party affiliation is determined by the appropriate
entry on official election registration cards.
     (2)(a) The term of office of each member
is four years or until the end of a legislative memberÂ’s legislative term,
whichever occurs first. Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins immediately
upon the expiration of the term of the current member. A member is eligible for
reappointment but may serve no more than two consecutive terms.
     (b) In case of a vacancy for any cause,
the appointing authority shall appoint a person to fill the office for the
unexpired term. When a person is appointed under this paragraph, the unexpired
term may not be considered for purposes of the limitation to two consecutive
terms of service.
     (3) The Governor shall appoint one of the
commissioners as chairperson, to serve at the pleasure of the Governor. The
members of the commission shall elect from among themselves a vice chairperson
who shall preside over meetings and exercise the functions of the chairperson
during absence or disability of the chairperson. The chairperson and vice
chairperson shall execute the duties determined by the commission to be
necessary.
     (4) The chairperson shall appoint one
member, subject to the approval of the commission, to serve on an executive
committee with the chairperson and vice chairperson. The executive committee
may exercise the powers and responsibilities of the commission between meetings
of the commission. All action taken by the executive committee not previously
authorized must be submitted to the commission for approval at the next regular
or special meeting.
     (5) A majority of the voting members of
the commission constitutes a quorum for the transaction of business.
     (6) The commission shall meet at least
once a month, at a time and place determined by the commission. The commission
shall also meet at such other times and places as are specified by the call of
the chairperson. If a majority of members, in writing, request a special
meeting, the chairperson shall designate a time for a special meeting as
requested.
     (7) The Governor shall appoint an
executive director for the commission who shall be in the exempt service and
who shall be responsible for the performance of duties assigned by the
commission. Subject to the State Personnel Relations Law, the executive
director may employ appropriate staff to carry out the duties assigned by the commission.
     (8) Members of the commission are entitled
to expenses as provided in ORS 292.495. Subject to the availability of funds,
members of a committee established under ORS 137.658 who are not commission
members may be reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties, subject to ORS
292.495 (2). Any legislative members are entitled to payment of compensation
and expense reimbursement under ORS 171.072, payable from funds appropriated to
the Legislative Assembly.
     (9) The commission is subject to the
provisions of ORS 291.201 to 291.222 and 291.232 to 291.260.
     (10) The commission shall consult with and
seek advice and counsel of the Chief Justice of the Supreme Court and the State
Court Administrator on any matter that impacts the operation of the courts. The
Chief Justice may have a representative participate in any meeting of the
commission. [1995 c.420 §1; 1999 c.172 §1; 2001 c.919 §4]
     Note: See note under 137.651.
     137.655 [1985 c.558 §3; subsections (8) and (9)
enacted as 1991 c.885 §6; 1993 c.188 §1; repealed by 1995 c.420 §14]
     137.656
Purpose and duties of commission; rules. (1) The purpose of the Oregon Criminal Justice Commission is to
improve the effectiveness and efficiency of state and local criminal justice
systems by providing a centralized and impartial forum for statewide policy
development and planning.
     (2) The primary duty of the commission is
to develop and maintain a state criminal justice policy and comprehensive,
long-range plan for a coordinated state criminal justice system that
encompasses public safety, offender accountability, crime reduction and
prevention and offender treatment and rehabilitation. The plan must include,
but need not be limited to, recommendations regarding:
     (a) Capacity, utilization and type of
state and local prison and jail facilities;
     (b) Implementation of community
corrections programs;
     (c) Alternatives to the use of prison and
jail facilities;
     (d) Appropriate use of existing facilities
and programs;
     (e) Whether additional or different
facilities and programs are necessary;
     (f) Methods of assessing the effectiveness
of juvenile and adult correctional programs, devices and sanctions in reducing
future criminal conduct by juvenile and adult offenders;
     (g) Methods of reducing the risk of future
criminal conduct; and
     (h) The effective utilization of local
public safety coordinating councils.
     (3) Other duties of the commission are:
     (a) To conduct joint studies by agreement
with other state agencies, boards or commissions on any matter within the
jurisdiction of the commission.
     (b) To provide
     (c) To provide technical assistance and
support to local public safety coordinating councils.
     (d) To receive grant applications to start
or expand drug court programs as defined in ORS 3.450, to make rules to govern
the grant process and to award grant funds according to the rules.
     (4) The commission shall establish by rule
the information that must be submitted under ORS 137.010 (9) and the methods
for submitting the information. A rule adopted under this subsection must be
approved by the Chief Justice of the Supreme Court before it takes effect. [1995
c.420 §3; 1997 c.433 §2; 1999 c.1053 §44; 2005 c.10 §3; 2005 c.503 §11; 2005
c.706 §24; 2007 c.71 §36; 2007 c.682 §3]
     Note: See note under 137.651.
     137.657 [1989 c.790 §91; repealed by 1995 c.420 §14]
     137.658
Authority of chairperson to create committees within commission. (1) The chairperson of the Oregon Criminal
Justice Commission may create any committees within the commission as the
chairperson may think necessary. Persons who are not commission members may be
appointed as members to serve on the committees with the approval of the
commission.
     (2) The chairperson shall appoint members
of committees created under this section in such a manner as to ensure
representation from all segments of the criminal justice system that are
affected by the work of the committee. In selecting members for committee
assignments, the chairperson shall consider, but is not limited to,
representatives from the following:
     (a) The Attorney General;
     (b) The Director of the Department of
Corrections;
     (c) The chairperson of the State Board of
Parole and Post-Prison Supervision;
     (d) The Superintendent of State Police;
     (e) The chief administrative employee of
the Psychiatric Security Review Board;
     (f) The Director of Human Services;
     (g) The Director of the
     (h) Trial judges;
     (i) Judges of the
     (j) Majority and minority parties of the
House of Representatives and the Senate;
     (k) District attorneys;
     (L) Criminal defense attorneys;
     (m) County sheriffs;
     (n) County commissioners;
     (o) County community corrections
directors;
     (p) Chiefs of police;
     (q) Victims of crime;
     (r) The public at large;
     (s) The director of a nonprofit entity
created for the purpose of increasing understanding of the adult and juvenile
justice systems and promotion of effective policies for prevention and control
of crime; and
     (t) Private contract providers. [1995
c.420 §2; 1997 c.433 §3; 2001 c.900 §23]
     Note: See note under 137.651.
     137.659 [1987 c.619 §9; 1991 c.455 §1; repealed by
1995 c.420 §14]
     137.660 [Repealed by 1961 c.359 §1]
     137.661
Agency cooperation with commission. All officers, boards, commissions and other agencies of the State of
     Note: See note under 137.651.
     137.662
     Note: See note under 137.651.
     137.663 [1987 c.619 §3; 1989 c.790 §38; 1993 c.188 §3;
repealed by 1995 c.420 §14]
     137.665 [1989 c.790 §89; 1993 c.692 §6; repealed by
1995 c.420 §14]
     137.667
Amendments to sentencing guidelines; submitting to Legislative Assembly; rules. (1) The Oregon Criminal Justice Commission
shall review all new legislation that creates new crimes or modifies existing
crimes. The commission shall adopt by rule any necessary modifications to the
crime seriousness scale of the guidelines to reflect the actions of the
Legislative Assembly and may classify offenses as person felonies or person
misdemeanors for purposes of the rules.
     (2) The commission may adopt by majority
vote of all of its members who are eligible to vote amendments to the
sentencing guidelines approved by section 87, chapter 790,
     (3) The provisions of subsection (2) of
this section do not apply to amendments to the guidelines adopted by the
commission that:
     (a) Are required to implement enactments
of the Legislative Assembly;
     (b) Are required under ORS 421.512 (2) or
subsection (1) of this section; or
     (c)(A) Renumber rules or parts of rules,
change internal references to agree with statute or rule numbers, delete
references to repealed statutes or rules, substitute statute references for
chapter numbers, change capitalization and spelling for the purpose of
uniformity or correct manifest clerical, grammatical or typographical errors;
and
     (B) Do not alter the sense, meaning,
effect or substance of the rule amended.
     (4) If a rule adopted under subsection (1)
of this section is not approved by the next regular Legislative Assembly
following the adoption of the rule, the rule is repealed on January 1 following
adjournment sine die of that Legislative Assembly. [1989 c.790 §94a; 1993 c.681
§6; 1993 c.692 §7; 1995 c.420 §6; 1997 c.691 §3; 1999 c.966 §2; 2003 c.453 §4]
     Note: See note under 137.651.
     137.669
Guidelines control sentences; mandatory sentences. The guidelines adopted under ORS 137.667,
together with any amendments, supplements or repealing provisions, shall
control the sentences for all crimes committed after the effective date of such
guidelines. Except as provided in ORS 137.637 and 137.671, the incarcerative
guidelines and any other guidelines so designated by the Oregon Criminal
Justice Commission shall be mandatory and constitute presumptive sentences. [1987
c.619 §5; 1989 c.790 §95; 1995 c.420 §7; 1997 c.691 §4]
     Note: See note under 137.651.
     137.670 [Repealed by 1961 c.359 §1]
     137.671
Authority of court to impose sentence outside guidelines. (1) The court may impose a sentence outside
the presumptive sentence or sentence range made presumptive under ORS 137.669
for a specific offense if it finds there are substantial and compelling reasons
justifying a deviation from the presumptive sentence.
     (2) Whenever the court imposes a sentence
outside the presumptive sentence it shall set forth the reasons for its
decision in the manner required by rules of the Oregon Criminal Justice
Commission. [1987 c.619 §6; 1989 c.790 §39; 1995 c.420 §8]
     Note: See note under 137.651.
     137.673
Validity of rules. Rules
adopted by the Oregon Criminal Justice Commission shall not be declared invalid
solely because of irregularities in procedural rulemaking, including but not
limited to the provisions of ORS 183.335 or 183.400 (4)(c). [1989 c.790 §73;
1995 c.420 §9; 2001 c.220 §2; 2005 c.382 §3]
     Note: See note under 137.651.
     137.675 [1993 c.680 §14; repealed by 1995 c.420 §14]
     137.677 [1993 c.680 §15; repealed by 1995 c.420 §14]
MANDATORY
MINIMUM SENTENCES AND ADULT PROSECUTION OF 15-, 16- AND 17-YEAR-OLD OFFENDERS
     137.700
Offenses requiring imposition of mandatory minimum sentences. (1) Notwithstanding ORS 161.605, when a
person is convicted of one of the offenses listed in subsection (2)(a) of this
section and the offense was committed on or after April 1, 1995, or of one of
the offenses listed in subsection (2)(b) of this section and the offense was
committed on or after October 4, 1997, or of the offense described in
subsection (2)(c) of this section and the offense was committed on or after
January 1, 2008, the court shall impose, and the person shall serve, at least
the entire term of imprisonment listed in subsection (2) of this section. The
person is not, during the service of the term of imprisonment, eligible for
release on post-prison supervision or any form of temporary leave from custody.
The person is not eligible for any reduction in, or based on, the minimum
sentence for any reason whatsoever under ORS 421.121 or any other statute. The
court may impose a greater sentence if otherwise permitted by law, but may not
impose a lower sentence than the sentence specified in subsection (2) of this
section.
     (2) The offenses to which subsection (1)
of this section applies and the applicable mandatory minimum sentences are:
______________________________________________________________________________
     (a)(A) Murder, as defined in
                ORS 163.115............................... 300
months
     (B)      Attempt or conspiracy
                to commit aggravated
                murder, as defined
                in ORS 163.095........................... 120
months
     (C)      Attempt or conspiracy
                to commit murder, as
                defined in ORS 163.115.............. 90
months
     (D)      Manslaughter in the
                first degree, as defined
                in ORS 163.118........................... 120
months
     (E)      Manslaughter in the
                second degree, as defined
                in ORS 163.125........................... 75
months
     (F)      Assault in the first
                degree, as defined in
                ORS 163.185............................... 90
months
     (G)      Assault in the second
                degree, as defined in
                ORS 163.175............................... 70
months
     (H)      Except as provided in
                paragraph (b)(G) of
                this subsection,
                kidnapping in the first
                degree, as defined
                in ORS 163.235........................... 90
months
     (I)       Kidnapping in the second
                degree, as defined in
                ORS 163.225............................... 70
months
     (J)       Rape in the first degree,
                as defined in ORS 163.375
                (1)(a), (c) or (d)............................ 100
months
     (K)      Rape in the second degree,
                as defined in ORS 163.365......... 75 months
     (L)      Sodomy in the first degree,
                as defined in ORS 163.405
                (1)(a), (c) or (d)............................ 100
months
     (M)     Sodomy in the second
                degree, as defined in
                ORS 163.395............................... 75
months
     (N)      Unlawful sexual penetration
                in the first degree, as
                defined in ORS 163.411
                (1)(a) or (c)................................... 100
months
     (O)      Unlawful sexual penetration
                in the second degree, as
                defined in ORS 163.408.............. 75
months
     (P)      Sexual abuse in the first
                degree, as defined in
                ORS 163.427............................... 75
months
     (Q)      Robbery in the first degree,
                as defined in ORS 164.415......... 90 months
     (R)      Robbery in the second
                degree, as defined in
                ORS 164.405............................... 70
months
     (b)(A) Arson in the first degree,
                as defined in ORS 164.325,
                when the offense represented
                a threat of serious
                physical injury.............................. 90
months
     (B)      Using a child in a display
                of sexually explicit
                conduct, as defined in
                ORS 163.670............................... 70
months
     (C)      Compelling prostitution,
                as defined in ORS 167.017......... 70 months
     (D)      Rape in the first degree,
                as defined in
                ORS 163.375 (1)(b)..................... 300
months
     (E)      Sodomy in the first degree,
                as defined in
                ORS 163.405 (1)(b)..................... 300
months
     (F)      Unlawful sexual penetration
                in the first degree, as
                defined in
                ORS 163.411 (1)(b)..................... 300
months
     (G)      Kidnapping in the first
                degree, as defined in
                ORS 163.235, when the
                offense is committed in
                furtherance of the commission
                or attempted commission of an
                offense listed in subparagraph
                (D), (E) or (F) of
                this paragraph............................... 300
months
     (c)       Aggravated vehicular
                homicide, as defined in
                ORS 163.149............................... 240
months
______________________________________________________________________________
[1995 c.2 §1; 1995
c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5]
     Note: Section 3, chapter 1, Oregon Laws 2006,
provides:
     Sec.
3. (1) The amendments to ORS
137.700 and 144.103 by sections 1 and 2 of this 2006 Act apply to a person
convicted of a crime that was committed on or after the effective date of this
2006 Act [April 24, 2006].
     (2) The amendments to ORS 137.700 by
section 1 of this 2006 Act apply only to a person who was at least 18 years of
age at the time the person committed an offense described in ORS 137.700
(2)(b)(D), (E), (F) or (G). [2006 c.1 §3]
     Note: 137.700 to 137.707 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.705
Definitions for ORS 137.705 and 137.707. (1)(a) As used in this section and ORS 137.707:
     (A) “Charged” means the filing of an
accusatory instrument in a court of criminal jurisdiction alleging the
commission of an offense listed in ORS 137.707.
     (B) “Prosecuted” includes pretrial and
trial procedures, requirements and limitations provided for in criminal cases.
     (b) Unless otherwise provided in ORS
137.707, ORS chapters 137 and 138 apply to proceedings under ORS 137.707.
     (2)(a) Notwithstanding ORS 419B.100 and
419C.005, a person 15, 16 or 17 years of age at the time of committing the
offense may be charged with the commission of an offense listed in ORS 137.707
and may be prosecuted as an adult.
     (b) The district attorney shall notify the
juvenile court and the juvenile department when a person under 18 years of age
is charged with an offense listed in ORS 137.707.
     (c) The filing of an accusatory instrument
in a criminal court under ORS 137.707 divests the juvenile court of
jurisdiction in the matter if juvenile court jurisdiction is based on the
conduct alleged in the accusatory instrument or any conduct arising out of the
same act or transaction. Upon receiving notice from the district attorney under
paragraph (b) of this subsection, the juvenile court shall dismiss, without prejudice,
the juvenile court proceeding and enter any order necessary to transfer the
matter or transport the person to the criminal court for further proceedings.
Nothing in this paragraph affects the authority or jurisdiction of the juvenile
court with respect to other matters or conduct.
     (3)(a) A person charged with a crime under
ORS 137.707 who is 16 or 17 years of age shall be detained in custody in a jail
or other place where adults are detained subject to release on the same terms
and conditions as for adults.
     (b) Notwithstanding paragraph (a) of this
subsection, the sheriff and the director of the county juvenile department may
agree to detain the person charged in a place other than the county jail.
     (c) If a person charged with a crime under
ORS 137.707 is under 16 years of age, the person may not be detained, either
before conviction or after conviction but before execution of the sentence, in
a jail or other place where adults are detained. [1995 c.422 §48]
     Note: See second note under 137.700.
     137.707
Adult prosecution of 15-, 16- or 17-year-old offenders; mandatory minimum
sentences; lesser included offenses; transfer to juvenile court. (1)(a) Notwithstanding any other provision
of law, when a person charged with aggravated murder, as defined in ORS
163.095, or an offense listed in subsection (4)(a) of this section is 15, 16 or
17 years of age at the time the offense is committed, and the offense is
committed on or after April 1, 1995, or when a person charged with an offense
listed in subsection (4)(b) of this section is 15, 16 or 17 years of age at the
time the offense is committed, and the offense is committed on or after October
4, 1997, or when a person charged with the offense described in subsection
(4)(c) of this section is 15, 16 or 17 years of age at the time the offense is
committed and the offense is committed on or after January 1, 2008, the person
shall be prosecuted as an adult in criminal court.
     (b) A district attorney, the Attorney
General or a juvenile department counselor may not file in juvenile court a
petition alleging that a person has committed an act that, if committed by an
adult, would constitute aggravated murder or an offense listed in subsection
(4) of this section if the person was 15, 16 or 17 years of age at the time the
act was committed.
     (2) When a person charged under this
section is convicted of an offense listed in subsection (4) of this section,
the court shall impose at least the presumptive term of imprisonment provided
for the offense in subsection (4) of this section. The court may impose a
greater presumptive term if otherwise permitted by law, but may not impose a
lesser term. The person is not, during the service of the term of imprisonment,
eligible for release on post-prison supervision or any form of temporary leave
from custody. The person is not eligible for any reduction in, or based on, the
minimum sentence for any reason under ORS 421.121 or any other provision of
law. ORS 138.012, 163.105 and 163.150 apply to sentencing a person prosecuted
under this section and convicted of aggravated murder under ORS 163.095 except
that a person who was under 18 years of age at the time the offense was
committed is not subject to a sentence of death.
     (3) The court shall commit the person to
the legal and physical custody of the Department of Corrections.
     (4) The offenses to which this section
applies and the presumptive sentences are:
______________________________________________________________________________
     (a)(A) Murder, as defined in
                ORS 163.115............................... 300
months
     (B)      Attempt or conspiracy
                to commit aggravated
                murder, as defined
                in ORS 163.095........................... 120
months
     (C)      Attempt or conspiracy
                to commit murder, as
                defined in ORS 163.115.............. 90
months
     (D)      Manslaughter in the
                first degree, as defined
                in ORS 163.118........................... 120
months
     (E)      Manslaughter in the
                second degree, as defined
                in ORS 163.125........................... 75
months
     (F)      Assault in the first
                degree, as defined
                in ORS 163.185........................... 90
months
     (G)      Assault in the second
                degree, as defined
                in ORS 163.175........................... 70
months
     (H)      Kidnapping in the first
                degree, as defined in
                ORS 163.235............................... 90
months
     (I)       Kidnapping in the second
                degree, as defined in
                ORS 163.225............................... 70
months
     (J)       Rape in the first degree,
                as defined in ORS 163.375......... 100
months
     (K)      Rape in the second
                degree, as defined in
                ORS 163.365............................... 75
months
     (L)      Sodomy in the first
                degree, as defined in
                ORS 163.405............................... 100
months
     (M)     Sodomy in the second
                degree, as defined in
                ORS 163.395............................... 75
months
     (N)      Unlawful sexual
                penetration in the first
                degree, as defined
                in ORS 163.411........................... 100
months
     (O)      Unlawful sexual
                penetration in the
                second degree, as
                defined in ORS 163.408.............. 75
months
     (P)      Sexual abuse in the first
                degree, as defined in
                ORS 163.427............................... 75
months
     (Q)      Robbery in the first
                degree, as defined in
                ORS 164.415............................... 90
months
     (R)      Robbery in the second
                degree, as defined in
                ORS 164.405............................... 70
months
     (b)(A) Arson in the first degree,
                as defined in
                ORS 164.325, when
                the offense represented
                a threat of serious
                physical injury.............................. 90
months
     (B)      Using a child in a display
                of sexually explicit
                conduct, as defined in
                ORS 163.670............................... 70
months
     (C)      Compelling prostitution,
                as defined in ORS 167.017......... 70 months
     (c)       Aggravated vehicular
                homicide, as defined in
                ORS 163.149............................... 240
months
______________________________________________________________________________
     (5) If a person charged with an offense
under this section is found guilty of a lesser included offense and the lesser
included offense is:
     (a) An offense listed in subsection (4) of
this section, the court shall sentence the person as provided in subsection (2)
of this section.
     (b) Not an offense listed in subsection
(4) of this section:
     (A) But constitutes an offense for which
waiver is authorized under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain jurisdiction or
to transfer the case to juvenile court for disposition. In determining whether
to retain jurisdiction, the court shall consider the criteria for waiver in ORS
419C.349. If the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does not retain
jurisdiction, the court shall:
     (i) Order that a presentence report be
prepared;
     (ii) Set forth in a memorandum any
observations and recommendations that the court deems appropriate; and
     (iii) Enter an order transferring the case
to the juvenile court for disposition under ORS 419C.067 and 419C.411.
     (B) And is not an offense for which waiver
is authorized under ORS 419C.349, the court may not sentence the person. The
court shall:
     (i) Order that a presentence report be
prepared;
     (ii) Set forth in a memorandum any
observations and recommendations that the court deems appropriate; and
     (iii) Enter an order transferring the case
to the juvenile court for disposition under ORS 419C.067 and 419C.411.
     (6) When a person is charged under this
section, other offenses based on the same act or transaction shall be charged
as separate counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated murder or offenses
listed in subsection (4) of this section. If it appears, upon motion, that the
state or the person charged is prejudiced by the joinder and consolidation of
offenses, the court may order an election or separate trials of counts or
provide whatever other relief justice requires.
     (7)(a) If a person charged and tried as
provided in subsection (6) of this section is found guilty of aggravated murder
or an offense listed in subsection (4) of this section and one or more other
offenses, the court shall impose the sentence for aggravated murder or the
offense listed in subsection (4) of this section as provided in subsection (2)
of this section and shall impose sentences for the other offenses as otherwise
provided by law.
     (b) If a person charged and tried as
provided in subsection (6) of this section is not found guilty of aggravated
murder or an offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense for which waiver
is authorized under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain jurisdiction or
to transfer the case to juvenile court for disposition. In determining whether
to retain jurisdiction, the court shall consider the criteria for waiver in ORS
419C.349. If the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does not retain
jurisdiction, the court shall:
     (A) Order that a presentence report be
prepared;
     (B) Set forth in a memorandum any
observations and recommendations that the court deems appropriate; and
     (C) Enter an order transferring the case
to the juvenile court for disposition under ORS 419C.067 and 419C.411. [1995
c.422 §49; 1995 c.421 §4; 1997 c.852 §3; 1999 c.1055 §12; 2007 c.867 §6]
     Note: See second note under 137.700.
     137.712
Exceptions to ORS 137.700 and 137.707. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is
convicted of manslaughter in the second degree as defined in ORS 163.125,
assault in the second degree as defined in ORS 163.175 (1)(b), kidnapping in
the second degree as defined in ORS 163.225, rape in the second degree as
defined in ORS 163.365, sodomy in the second degree as defined in ORS 163.395,
unlawful sexual penetration in the second degree as defined in ORS 163.408,
sexual abuse in the first degree as defined in ORS 163.427 (1)(a)(A) or robbery
in the second degree as defined in ORS 164.405, the court may impose a sentence
according to the rules of the Oregon Criminal Justice Commission that is less
than the minimum sentence that otherwise may be required by ORS 137.700 or
137.707 if the court, on the record at sentencing, makes the findings set forth
in subsection (2) of this section and finds that a substantial and compelling
reason under the rules of the Oregon Criminal Justice Commission justifies the
lesser sentence. When the court imposes a sentence under this subsection, the
person is eligible for a reduction in the sentence as provided in ORS 421.121
and any other statute.
     (b) In order to make a dispositional
departure under this section, the court must make the following additional
findings on the record:
     (A) There exists a substantial and
compelling reason not relied upon in paragraph (a) of this subsection;
     (B) A sentence of probation will be more
effective than a prison term in reducing the risk of offender recidivism; and
     (C) A sentence of probation will better
serve to protect society.
     (2) A conviction is subject to subsection
(1) of this section only if the sentencing court finds on the record by a
preponderance of the evidence:
     (a) If the conviction is for manslaughter
in the second degree:
     (A) That the defendant is the mother or
father of the victim;
     (B) That the death of the victim was the
result of an injury or illness that was not caused by the defendant;
     (C) That the defendant treated the injury
or illness solely by spiritual treatment in accordance with the religious
beliefs or practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victimÂ’s recovery from the injury or
illness;
     (D) That no other person previously under
the defendantÂ’s care has died or sustained significant physical injury as a
result of or despite the use of spiritual treatment, regardless of whether the
spiritual treatment was used alone or in conjunction with medical care; and
     (E) That the defendant does not have a previous
conviction for a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
     (b) If the conviction is for assault in
the second degree:
     (A) That the victim was not physically
injured by means of a deadly weapon;
     (B) That the victim did not suffer a
significant physical injury; and
     (C) That the defendant does not have a
previous conviction for a crime listed in subsection (4) of this section.
     (c) If the conviction is for kidnapping in
the second degree:
     (A) That the victim was at least 12 years
of age at the time the crime was committed; and
     (B) That the defendant does not have a
previous conviction for a crime listed in subsection (4) of this section.
     (d) If the conviction is for robbery in
the second degree:
     (A) That the victim did not suffer a
significant physical injury;
     (B) That, if the defendant represented by
words or conduct that the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of imminent
significant physical injury;
     (C) That, if the defendant represented by
words or conduct that the defendant was armed with a deadly weapon, the
representation did not reasonably put the victim in fear of imminent physical
injury; and
     (D) That the defendant does not have a
previous conviction for a crime listed in subsection (4) of this section.
     (e) If the conviction is for rape in the
second degree, sodomy in the second degree or sexual abuse in the first degree:
     (A) That the victim was at least 12 years
of age, but under 14 years of age, at the time of the offense;
     (B) That the defendant does not have a
prior conviction for a crime listed in subsection (4) of this section;
     (C) That the defendant has not been
previously found to be within the jurisdiction of a juvenile court for an act
that would have been a felony sexual offense if the act had been committed by
an adult;
     (D) That the defendant was no more than
five years older than the victim at the time of the offense;
     (E) That the offense did not involve
sexual contact with any minor other than the victim; and
     (F) That the victim’s lack of consent was
due solely to incapacity to consent by reason of being under 18 years of age at
the time of the offense.
     (f) If the conviction is for unlawful sexual
penetration in the second degree:
     (A) That the victim was 12 years of age or
older at the time of the offense;
     (B) That the defendant does not have a
prior conviction for a crime listed in subsection (4) of this section;
     (C) That the defendant has not been
previously found to be within the jurisdiction of a juvenile court for an act
that would have been a felony sexual offense if the act had been committed by
an adult;
     (D) That the defendant was no more than
five years older than the victim at the time of the offense;
     (E) That the offense did not involve
sexual contact with any minor other than the victim;
     (F) That the victim’s lack of consent was
due solely to incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
     (G) That the object used to commit the
unlawful sexual penetration was the hand or any part thereof of the defendant.
     (3) In making the findings required by
subsections (1) and (2) of this section, the court may consider any evidence
presented at trial and may receive and consider any additional relevant
information offered by either party at sentencing.
     (4) The crimes to which subsection
(2)(a)(E), (b)(C), (c)(B), (d)(D), (e)(B) and (f)(B) of this section refer are:
     (a) A crime listed in ORS 137.700 (2) or
137.707 (4);
     (b) Escape in the first degree, as defined
in ORS 162.165;
     (c) Aggravated murder, as defined in ORS
163.095;
     (d) Criminally negligent homicide, as
defined in ORS 163.145;
     (e) Assault in the third degree, as
defined in ORS 163.165;
     (f) Criminal mistreatment in the first
degree, as defined in ORS 163.205 (1)(b)(A);
     (g) Rape in the third degree, as defined
in ORS 163.355;
     (h) Sodomy in the third degree, as defined
in ORS 163.385;
     (i) Sexual abuse in the second degree, as
defined in ORS 163.425;
     (j) Stalking, as defined in ORS 163.732;
     (k) Burglary in the first degree, as
defined in ORS 164.225, when it is classified as a person felony under the
rules of the Oregon Criminal Justice Commission;
     (L) Arson in the first degree, as defined
in ORS 164.325;
     (m) Robbery in the third degree, as
defined in ORS 164.395;
     (n) Intimidation in the first degree, as
defined in ORS 166.165;
     (o) Promoting prostitution, as defined in
ORS 167.012; and
     (p) An attempt or solicitation to commit any
Class A or B felony listed in paragraphs (a) to (L) of this subsection.
     (5) Notwithstanding ORS 137.545 (5)(b), if
a person sentenced to probation under this section violates a condition of
probation by committing a new crime, the court shall revoke the probation and
impose the presumptive sentence of imprisonment under the rules of the Oregon
Criminal Justice Commission.
     (6) As used in this section:
     (a) “Conviction” includes, but is not
limited to:
     (A) A juvenile court adjudication finding
a person within the courtÂ’s jurisdiction under ORS 419C.005, if the person was
at least 15 years of age at the time the person committed the offense that
brought the person within the jurisdiction of the juvenile court. “Conviction”
does not include a juvenile court adjudication described in this subparagraph
if the person successfully asserted the defense set forth in ORS 419C.522.
     (B) A conviction in another jurisdiction
for a crime that if committed in this state would constitute a crime listed in
subsection (4) of this section.
     (b) “Previous conviction” means a
conviction that was entered prior to imposing sentence on the current crime
provided that the prior conviction is based on a crime committed in a separate
criminal episode. “Previous conviction” does not include a conviction for a
Class C felony, including an attempt or solicitation to commit a Class B
felony, or a misdemeanor, unless the conviction was entered within the 10-year
period immediately preceding the date on which the current crime was committed.
     (c) “Significant physical injury” means a
physical injury that:
     (A) Creates a risk of death that is not a
remote risk;
     (B) Causes a serious and temporary
disfigurement;
     (C) Causes a protracted disfigurement; or
     (D) Causes a prolonged impairment of
health or the function of any bodily organ. [1997 c.852 §1; 1999 c.614 §3; 1999
c.954 §2; 2001 c.851 §5; 2005 c.843 §22]
     Note: 137.712 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.717
Additional offenses requiring imposition of presumptive sentences. (1) When a court sentences a person
convicted of:
     (a) Aggravated theft in the first degree
under ORS 164.057, burglary in the first degree under ORS 164.225 or aggravated
identity theft under ORS 165.803, the presumptive sentence is 19 months of
incarceration, unless the rules of the Oregon Criminal Justice Commission
prescribe a longer presumptive sentence, if the person has:
     (A) A previous conviction for aggravated
theft in the first degree under ORS 164.057, burglary in the first degree under
ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the
first degree under ORS 164.415 or aggravated identity theft under ORS 165.803;
or
     (B) Four previous convictions for any
combination of the other crimes listed in subsection (2) of this section.
     (b) Theft in the first degree under ORS
164.055, unauthorized use of a vehicle under ORS 164.135, burglary in the
second degree under ORS 164.215, criminal mischief in the first degree under
ORS 164.365, computer crime under ORS 164.377, forgery in the first degree
under ORS 165.013, identity theft under ORS 165.800, possession of a stolen
vehicle under ORS 819.300 or trafficking in stolen vehicles under ORS 819.310,
the presumptive sentence is 13 months of incarceration, unless the rules of the
Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if
the person has:
     (A) A previous conviction for aggravated
theft in the first degree under ORS 164.057, unauthorized use of a vehicle
under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in
the second degree under ORS 164.405, robbery in the first degree under ORS
164.415, possession of a stolen vehicle under ORS 819.300, trafficking in
stolen vehicles under ORS 819.310 or aggravated identity theft under ORS
165.803; or
     (B) Four previous convictions for any
combination of the other crimes listed in subsection (2) of this section.
     (2) The crimes to which subsection (1) of
this section applies are:
     (a) Theft in the second degree under ORS
164.045;
     (b) Theft in the first degree under ORS
164.055;
     (c) Aggravated theft in the first degree
under ORS 164.057;
     (d) Unauthorized use of a vehicle under
ORS 164.135;
     (e) Burglary in the second degree under
ORS 164.215;
     (f) Burglary in the first degree under ORS
164.225;
     (g) Criminal mischief in the second degree
under ORS 164.354;
     (h) Criminal mischief in the first degree
under ORS 164.365;
     (i) Computer crime under ORS 164.377;
     (j) Forgery in the second degree under ORS
165.007;
     (k) Forgery in the first degree under ORS
165.013;
     (L) Criminal possession of a forged
instrument in the second degree under ORS 165.017;
     (m) Criminal possession of a forged
instrument in the first degree under ORS 165.022;
     (n) Fraudulent use of a credit card under
ORS 165.055;
     (o) Identity theft under ORS 165.800;
     (p) Possession of a stolen vehicle under
ORS 819.300; and
     (q) Trafficking in stolen vehicles under
ORS 819.310.
     (3) The court may impose a sentence other
than the sentence provided by subsection (1) of this section if the court
imposes:
     (a) A longer term of incarceration that is
otherwise required or authorized by law; or
     (b) A departure sentence authorized by the
rules of the Oregon Criminal Justice Commission based upon findings of
substantial and compelling reasons. Unless the law or the rules of the Oregon
Criminal Justice Commission allow for imposition of a longer sentence, the
maximum departure allowed for a person sentenced under this subsection is
double the presumptive sentence provided in subsection (1) of this section.
     (4) As used in this section, “previous
conviction” includes:
     (a) Convictions occurring before, on or
after July 1, 2003; and
     (b) Convictions entered in any other state
or federal court for comparable offenses.
     (5)(a) For a crime committed on or after
November 1, 1989, a conviction is considered to have occurred upon the pronouncement
of sentence in open court. However, when sentences are imposed for two or more
convictions arising out of the same conduct or criminal episode, none of the
convictions is considered to have occurred prior to any of the other
convictions arising out of the same conduct or criminal episode.
     (b) For a crime committed prior to
November 1, 1989, a conviction is considered to have occurred upon the
pronouncement in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
     (6) For purposes of this section, previous
convictions must be proven pursuant to ORS 137.079. [1996 c.3 §1; 1999 c.1022 §§2,4,7;
2001 c.784 §1; 2007 c.584 §2]
     Note: 137.717 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.719
Presumptive sentence for certain sex offenders. (1) The presumptive sentence for a sex crime
that is a felony is life imprisonment without the possibility of release or
parole if the defendant has been sentenced for sex crimes that are felonies at
least two times prior to the current sentence.
     (2) The court may impose a sentence other
than the presumptive sentence provided by subsection (1) of this section if the
court imposes a departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial and compelling
reasons.
     (3) For purposes of this section:
     (a) Sentences for two or more convictions
that are imposed in the same sentencing proceeding are considered to be one
sentence; and
     (b) A prior sentence includes:
     (A) Sentences imposed before, on or after
July 31, 2001; and
     (B) Sentences imposed by any other state
or federal court for comparable offenses.
     (4) As used in this section, “sex crime”
has the meaning given that term in ORS 181.594. [2001 c.884 §4]
     Note: 137.719 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.721
Presumptive sentences for certain methamphetamine offenses. (1) When a court sentences a person
convicted of:
     (a) Manufacture of methamphetamine under
ORS 475.886 or 475.888, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a downward durational
departure of more than one-half of the presumptive prison sentence under the
rules of the Oregon Criminal Justice Commission if the person has a previous
conviction for:
     (A) Delivery or manufacture of
methamphetamine under ORS 475.840, 475.886 or 475.890;
     (B) Delivery or manufacture of
methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or
475.904; or
     (C) Possession of a precursor substance
with intent to manufacture a controlled substance under ORS 475.967.
     (b) Delivery of methamphetamine under ORS
475.890 or 475.892, the court may not impose a sentence of optional probation
or grant a downward dispositional departure under the rules of the Oregon
Criminal Justice Commission if:
     (A) The delivery involved a substantial
quantity of methamphetamine as described in ORS 475.900; and
     (B) The person has a previous conviction
for:
     (i) Delivery or manufacture of
methamphetamine under ORS 475.840, 475.886 or 475.890;
     (ii) Delivery or manufacture of
methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or
475.904; or
     (iii) Possession of a precursor substance
with intent to manufacture a controlled substance under ORS 475.967.
     (c) Delivery of methamphetamine under ORS
475.890 or 475.892, the presumptive sentence is 19 months of incarceration,
unless the rules of the Oregon Criminal Justice Commission prescribe a longer
presumptive sentence, if the person has two or more previous convictions for
any combination of the following crimes:
     (A) Delivery or manufacture of
methamphetamine under ORS 475.840, 475.886 or 475.890;
     (B) Delivery or manufacture of
methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or
475.904; or
     (C) Possession of a precursor substance
with intent to manufacture a controlled substance under ORS 475.967.
     (2) The court may impose a sentence other
than the sentence provided by subsection (1) of this section if the court
imposes:
     (a) A longer term of incarceration that is
otherwise required or authorized by law; or
     (b) An upward or downward durational
departure sentence that is authorized by law or the rules of the Oregon
Criminal Justice Commission based upon findings of substantial and compelling
reasons unless otherwise noted in subsection (1) of this section. Unless
otherwise authorized by law or rule of the Oregon Criminal Justice Commission,
the maximum departure allowed for a person sentenced under this subsection is
double the presumptive sentence provided in subsection (1) of this section.
     (3) As used in this section, “previous
conviction” means:
     (a) Convictions occurring before, on or
after August 16, 2005; and
     (b) Convictions entered in any other state
or federal court for comparable offenses.
     (4)(a) For a crime committed on or after
November 1, 1989, a conviction is considered to have occurred upon the
pronouncement of sentence in open court. However, when sentences are imposed
for two or more convictions arising out of the same conduct or criminal
episode, none of the convictions is considered to have occurred prior to any of
the other convictions arising out of the same conduct or criminal episode.
     (b) For a crime committed prior to
November 1, 1989, a conviction is considered to have occurred upon the
pronouncement in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
     (5) For purposes of this section, previous
convictions must be proven pursuant to ORS 137.079. [2005 c.708 §8]
     Note: 137.721 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 137 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
SENTENCING
REQUIREMENTS CONCERNING DEFENDANTÂ’S ELIGIBILITY FOR CERTAIN TYPES OF LEAVE,
RELEASE OR PROGRAMS
     137.750
Sentencing requirements concerning defendantÂ’s eligibility for certain types of
leave, release or programs.
(1) When a court sentences a defendant to a term of incarceration upon
conviction of a crime, the court shall order on the record in open court as
part of the sentence imposed that the defendant may be considered by the
executing or releasing authority for any form of temporary leave from custody,
reduction in sentence, work release, alternative incarceration program or
program of conditional or supervised release authorized by law for which the
defendant is otherwise eligible at the time of sentencing, unless the court
finds on the record in open court substantial and compelling reasons to order
that the defendant not be considered for such leave, release or programs.
     (2) The executing or releasing authority
may consider the defendant for the programs described in subsection (1) of this
section only upon order of the sentencing court appearing in the judgment.
     (3) As used in this section:
     (a) “Executing or releasing authority”
means the Department of Corrections, State Board of Parole and Post-Prison
Supervision, Psychiatric Security Review Board, sentencing court or supervisory
authority.
     (b) “Supervisory authority” has the
meaning given that term in ORS 144.087. [1997 c.313 §14]
     Note: 137.750 to 137.754 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.752
Requirements when defendant committed to custody of county. (1) When a court commits a defendant to the
custody of a supervisory authority of a county under ORS 137.124, the court
shall order on the record in open court as part of the sentence imposed that
the defendant may be considered by the supervisory authority for any form of
alternative sanction authorized by ORS 423.478, unless the court finds on the
record in open court substantial and compelling reasons to order that the
defendant not be considered for alternative sanctions.
     (2) The supervisory authority may consider
the defendant for alternative sanctions only upon order of the sentencing court
appearing in the judgment.
     (3) As used in this section, “supervisory
authority” has the meaning given that term in ORS 144.087. [1997 c.313 §15]
     Note: See note under 137.750.
     137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752. Notwithstanding any other provision of law,
a sentencing court retains authority after entry of a judgment of conviction to
modify its judgment and sentence to comply with the requirements of ORS 137.750
or 137.752 when:
     (1) The judgment was entered on or after
December 5, 1996;
     (2) The crime of conviction was committed
on or after December 5, 1996; and
     (3) The judgment and sentence failed to
comply with the provisions of ORS 137.750 or 137.752. [1997 c.313 §16]
     Note: See note under 137.750.
SEXUALLY VIOLENT
DANGEROUS OFFENDERS
     137.765
Sexually violent dangerous offenders; definitions; mandatory lifetime
post-prison supervision. (1)
As used in this section:
     (a) “History of sexual assault” means that
a person has engaged in unlawful sexual conduct that:
     (A) Was not committed as part of the same
criminal episode as the crime for which the person is currently being sentenced;
and
     (B) Seriously endangered the life or
safety of another person or involved a victim under 12 years of age.
     (b) “Sexually violent dangerous offender”
means a person who has psychopathic personality features, sexually deviant
arousal patterns or interests and a history of sexual assault and presents a
substantial probability of committing a crime listed in subsection (3) of this
section.
     (2) Notwithstanding ORS 161.605, when a
person is convicted of a crime listed in subsection (3) of this section, in
addition to any sentence of imprisonment required by law, a court shall impose
a period of post-prison supervision that extends for the life of the person if:
     (a) The person was 18 years of age or
older at the time the person committed the crime; and
     (b) The person is a sexually violent
dangerous offender.
     (3) The crimes to which subsection (2) of
this section applies are:
     (a) Rape in the first degree and sodomy in
the first degree if the victim was:
     (A) Subjected to forcible compulsion by
the person;
     (B) Under 12 years of age; or
     (C) Incapable of consent by reason of
mental defect, mental incapacitation or physical helplessness;
     (b) Unlawful sexual penetration in the
first degree; and
     (c) An attempt to commit a crime listed in
paragraph (a) or (b) of this subsection. [1999 c.163 §1; 2005 c.463 §§11,16;
2007 c.16 §6]
     Note: 137.765 to 137.771 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
137 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     137.767
Presentence investigation and examination. (1)(a) A court shall order a presentence investigation and an
examination of the defendant by a psychiatrist or psychologist upon motion of the
district attorney if:
     (A) The defendant is convicted of a crime
listed in ORS 137.765 (3); and
     (B) In the opinion of the court, there is
reason to believe that the defendant is a sexually violent dangerous offender
as defined in ORS 137.765.
     (b) The court may appoint one or more
qualified psychiatrists or psychologists to examine the defendant in the local
correctional facility.
     (2) The state shall pay all costs
connected with an examination under this section.
     (3) The examination performed pursuant to
this section must be completed within 30 days if the defendant is in custody or
within 60 days if the defendant is not in custody. The court may order
extensions not exceeding 30 days. Each psychiatrist or psychologist appointed
to examine a defendant under this section shall file with the court a written
report of findings and conclusions, including an evaluation of whether the
defendant is predisposed to commit a crime listed in ORS 137.765 (3) because
the defendant has:
     (a) Psychopathic personality features; and
     (b) Sexually deviant arousal patterns or
interests.
     (4) No statement made by a defendant under
this section may be used against the defendant in any civil proceeding or in
any other criminal proceeding.
     (5) Upon receipt of the examination and
presentence reports the court shall set a time for a sentence hearing. At the
sentence hearing the district attorney and the defendant may question any
psychiatrist or psychologist who examined the defendant pursuant to this
section.
     (6) If, after considering the evidence in
the case or in the sentence hearing, the jury or, if the defendant waives the
right to a jury trial, the court finds that the defendant is a sexually violent
dangerous offender, the court shall sentence the defendant as provided in ORS
137.765.
     (7) The fact that a person is a sexually
violent dangerous offender is an enhancement fact, as defined in ORS 136.760,
and ORS 136.765 to 136.785 apply to making a determination of the fact. [1999
c.163 §3; 2005 c.463 §§12,17; 2007 c.16 §7]
     Note: See note under 137.765.
     137.769
DefendantÂ’s right to independent examination. (1) When a defendant is examined under ORS 137.767, the defendant may
retain a psychiatrist, psychologist or other expert to perform an examination
on the defendantÂ’s behalf. A psychiatrist, psychologist or other expert
retained by the defendant must be provided reasonable access to:
     (a) The defendant for the purpose of the
examination; and
     (b) All relevant medical and psychological
records and reports.
     (2) If the defendant is financially
eligible for appointed counsel at state expense, the defendant may request
preauthorization to incur the fees and expenses of a psychiatrist, psychologist
or other expert as provided in ORS 135.055 (3). [1999 c.163 §4; 2001 c.962 §97;
2003 c.449 §6]
     Note: See note under 137.765.
     137.771
Resentencing hearing; petition; findings; modification of sentence. (1) No sooner than 10 years after a person
sentenced under ORS 137.765 is released to post-prison supervision, the person
may petition the sentencing court for a resentencing hearing requesting that
the judgment be modified to terminate post-prison supervision. The district
attorney of the county must be named and served as a respondent in the
petition. The district attorney may file a response either in support of or in
opposition to the petition.
     (2) Upon filing the petition, the court
may order an examination as provided in ORS 137.767. If the court orders an
examination and the petitioner is financially eligible for appointed counsel at
state expense, the court may appoint counsel for the petitioner, as provided in
ORS 135.050, if the court determines that there are substantial or complex
issues involved and the petitioner appears incapable of self-representation.
     (3) The court shall review the petition
and may hold a hearing on the petition. However, if the state opposes the
petition, the court shall hold a hearing on the petition. In determining
whether to amend the judgment, the court shall consider:
     (a) The nature of the crime for which the
petitioner was sentenced to lifetime post-prison supervision;
     (b) The degree of violence involved in the
crime;
     (c) The age of the victim;
     (d) The petitioner’s prior history of
sexual assault;
     (e) Whether the petitioner continues to have
psychopathic personality features or sexually deviant arousal patterns or
interests;
     (f) Other criminal and relevant
noncriminal behavior of the petitioner before and after conviction;
     (g) The period of time during which the
petitioner has not reoffended;
     (h) Whether the petitioner has
successfully completed a court-approved sex offender treatment program; and
     (i) Any other relevant factors.
     (4) If the court finds by clear and
convincing evidence that the petitioner does not present a substantial probability
of committing a crime listed in ORS 137.765 (3), the court shall amend the
judgment and impose a lesser sentence.
     (5) The sentencing court retains authority
to modify its judgment and sentence to reflect the results of a resentencing
hearing ordered under this section.
     (6) Not less than five years after the
denial of a petition under this section, a person sentenced under ORS 137.765
may petition again for a resentencing hearing under subsections (1) to (5) of
this section. [1999 c.163 §7; 2001 c.962 §98]
     Note: See note under 137.765.
     137.990 [Amended by 1971 c.743 §327; repealed by
1973 c.836 §358]
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