US Laws, Codes, Statutes & Cases

Chapter 137 — Judgment and Execution; Parole and Probation by the Court

 

2007 EDITION

 

 

JUDGMENT; EXECUTION; PAROLE; PROBATION

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

JUDGMENT

 

(Generally)

 

137.010     Duty of court to ascertain and impose punishment

 

137.012     Suspension of imposition or execution of sentence of person convicted of certain sexual offenses; term of probation

 

137.013     Appearance by victim at time of sentencing

 

137.017     Disposition of fines, costs and forfeited security deposits received by court

 

137.020     Time for pronouncing judgment; delay; notice of right to appeal

 

137.030     Presence of defendant at pronouncement of judgment

 

137.040     Bringing defendant in custody to pronouncement of judgment

 

137.050     Nonattendance or nonappearance of released defendant when attendance required by court

 

137.060     Form of bench warrant

 

137.070     Counties to which bench warrant may issue; service

 

137.071     Requirements for judgment documents

 

137.074     Fingerprints of convicted felons and certain misdemeanants required

 

137.076     Blood or buccal sample and thumbprint of certain convicted defendants required; application

 

(Presentence Report)

 

137.077     Presentence report; general principles of disclosure

 

137.079     Presentence report; other writings considered in imposing sentence; disclosure to parties; court’s authority to except parts from disclosure

 

(Aggravation or Mitigation)

 

137.080     Consideration of circumstances in aggravation or mitigation of punishment

 

137.085     Age and physical disability of victim as factors in sentencing

 

137.090     Considerations in determining aggravation or mitigation

 

137.100     Defendant as witness in relation to circumstances

 

(Compensatory Fine)

 

137.101     Compensatory fine

 

(Restitution)

 

137.103     Definitions for ORS 137.101 to 137.109

 

137.106     Restitution to victims; objections by defendant

 

137.107     Authority of court to amend part of judgment relating to restitution

 

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

 

(Collection of Monetary Obligations)

 

137.118     Assignment of judgments for collection of monetary obligation; costs of collection

 

(Term and Place of Confinement)

 

137.120     Term of sentence; reasons to be stated on record

 

137.121     Maximum consecutive sentences

 

137.123     Provisions relating to concurrent and consecutive sentences

 

137.124     Commitment of defendant to Department of Corrections or county; place of confinement; transfer of inmates; juveniles

 

(Community Service)

 

137.126     Definitions for ORS 137.126 to 137.131

 

137.128     Community service as part of sentence; effect of failure to perform community service

 

137.129     Length of community service sentence

 

137.131     Community service as condition of probation for offense involving graffiti

 

(Forfeiture of Weapons)

 

137.138     Forfeiture of weapons and revocation of hunting license for certain convictions

 

(Post-Judgment Procedures)

 

137.140     Imprisonment when county jail is not suitable for safe confinement

 

137.170     Entry of judgment in criminal action

 

137.175     Judgment in criminal action that effects release of defendant; delivery to sheriff

 

137.183     Interest on judgments; waiver; payments

 

137.210     Taxation of costs against complainant

 

137.220     Clerk to prepare trial court file

 

137.225     Order setting aside conviction or record of arrest; fees; prerequisites; limitations

 

(Alcoholic or Drug-Dependent Person)

 

137.227     Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation

 

137.228     Finding that defendant is alcoholic or drug-dependent person; effect

 

137.229     Duty of Department of Corrections

 

(Effects of Felony Conviction)

 

137.230     Definitions for ORS 137.260

 

137.260     Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged

 

137.270     Effect of felony conviction on property of defendant

 

137.275     Effect of felony conviction on civil and political rights of felon

 

137.281     Withdrawal of rights during term of imprisonment; restoration of rights

 

137.285     Retained rights of felon; regulation of exercise

 

(Unitary Assessment)

 

137.290     Unitary assessment; amount; waiver

 

137.293     All monetary obligations constitute single obligation on part of convicted person

 

137.295     Categories of monetary obligations; order of crediting moneys received

 

137.300     Criminal Fine and Assessment Account; rules

 

137.301     Legislative findings

 

(County Assessment)

 

137.308     Authorized uses of assessments

 

137.309     County assessment; amount; collection; distribution

 

EXECUTION OF JUDGMENT

 

(Imprisonment)

 

137.310     Authorizing execution of judgment; detention of defendant

 

137.315     Electronic telecommunication of notice of judgment authorized

 

137.320     Delivery of defendant when committed to Department of Corrections; credit on sentence

 

137.330     Where judgment of imprisonment in county jail is executed

 

137.333     Exception to ORS 137.330

 

137.370     Commencement and computation of term of imprisonment in state penal or correctional institution; sentences concurrent unless court orders otherwise

 

137.372     Credit for time served as part of probationary sentence

 

137.375     Release of prisoners whose terms expire on weekends or legal holidays

 

137.380     Discipline, treatment and employment of prisoners

 

137.390     Commencement, term and termination of term of imprisonment in county jail; treatment of prisoners therein

 

137.440     Return by officer executing judgment; annexation to trial court file

 

137.450     Enforcement of money judgment in criminal action

 

137.452     Satisfaction of monetary obligation imposed as part of sentence; release of judgment lien from real property; authority of Attorney General

 

(Death Sentence)

 

137.463     Death warrant hearing; death warrant

 

137.464     Administrative assessment of defendant’s mental capacity

 

137.466     Judicial determination of defendant’s mental capacity

 

137.467     Delivery of warrant when place of trial changed

 

137.473     Means of inflicting death; place and procedures; acquisition of lethal substance

 

137.476     Assistance by licensed health care professional or nonlicensed medically trained person

 

137.478     Return of death warrant after execution of sentence of death

 

137.482     Service of documents on defendant

 

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

 

137.523     Custody of person sentenced to confinement as condition of probation

 

137.525     Probation for person convicted of crime described in ORS 163.305 to 163.467; examination; report; written consent of convicted person

 

137.530     Investigation and report of parole and probation officers; statement of victim

 

137.533     Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation

 

137.540     Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification

 

137.545     Period of probation; discharge from probation; proceedings in case of violation of conditions

 

137.547     Consolidation of probation violation proceedings; rules

 

137.551     Revocation of probationary sentences; release dates; rules

 

137.553     Use of citations for probation violations authorized

 

137.557     Citation; procedure; contents

 

137.560     Copies of certain judgments to be sent to Department of Corrections

 

137.570     Authority to transfer probationer from one agency to another; procedure

 

137.580     Effect of transfer of probationer from one agency to another

 

137.590     Appointment of parole and probation officers and assistants; chief parole and probation officer

 

137.592     Policy regarding probation violations

 

137.593     Duty of corrections agencies to impose structured, intermediate sanction for probation violations

 

137.595     Establishing system of sanctions; rules

 

137.596     Probation violations; custodial sanctions; rules

 

137.597     Probationer may consent to imposition of sanctions

 

137.599     Hearing prior to, or after, imposition of sanctions

 

137.610     Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge

 

137.620     Powers of parole and probation officers; oath of office; bond; audit of accounts

 

137.630     Duties of parole and probation officers

 

DETERMINATE SENTENCES

 

137.635     Determinate sentences required for certain felony convictions

 

137.637     Determining length of determinate sentences

 

OREGON CRIMINAL JUSTICE COMMISSION

 

137.651     Definitions

 

137.654     Oregon Criminal Justice Commission; membership; terms; meetings

 

137.656     Purpose and duties of commission; rules

 

137.658     Authority of chairperson to create committees within commission

 

137.661     Agency cooperation with commission

 

137.662     Oregon Criminal Justice Commission Account

 

137.667     Amendments to sentencing guidelines; submitting to Legislative Assembly; rules

 

137.669     Guidelines control sentences; mandatory sentences

 

137.671     Authority of court to impose sentence outside guidelines

 

137.673     Validity of rules

 

MANDATORY MINIMUM SENTENCES AND ADULT PROSECUTION OF 15-, 16- AND 17-YEAR-OLD OFFENDERS

 

137.700     Offenses requiring imposition of mandatory minimum sentences

 

137.705     Definitions for ORS 137.705 and 137.707

 

137.707     Adult prosecution of 15-, 16- or 17-year-old offenders; mandatory minimum sentences; lesser included offenses; transfer to juvenile court

 

137.712     Exceptions to ORS 137.700 and 137.707

 

137.717     Additional offenses requiring imposition of presumptive sentences

 

137.719     Presumptive sentence for certain sex offenders

 

137.721     Presumptive sentences for certain methamphetamine offenses

 

SENTENCING REQUIREMENTS CONCERNING DEFENDANT’S ELIGIBILITY FOR CERTAIN TYPES OF LEAVE, RELEASE OR PROGRAMS

 

137.750     Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs

 

137.752     Requirements when defendant committed to custody of county

 

137.754     Authority of court to modify judgment to comply with ORS 137.750 and 137.752

 

SEXUALLY VIOLENT DANGEROUS OFFENDERS

 

137.765     Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision

 

137.767     Presentence investigation and examination

 

137.769     Defendant’s right to independent examination

 

137.771     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 probationer’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 court’s order, and the court may suspend imposition or execution of a part of the sentence despite the defendant’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 defendant’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 victim’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 defendant’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 OREGON

IN THE NAME OF THE STATE

OF OREGON

 

To any peace officer in the State of Oregon, greeting:

      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 person’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: