There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 137
- 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.
- 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.
- 137.015 [1971 c.328 1; 1973 c.346 1; 1979 c.341 1; 1983 c.125 1; 1985 c.277 1; 1989 c.844 1; repealed by 1987 c.905 37]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 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.
- 137.072 [1967 c.585 2; repealed by 1973 c.836 358]
- 137.073 [1989 c.472 3; repealed by 2003 c.576 580]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.
- 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- 137.075 [1967 c.585 3; 1971 c.743 323; repealed by 1973 c.836 358]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.
- 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.
- 137.079 Presentence report; other writings considered in imposing sentence; disclosure to parties; court s authority to except parts from disclosure.
- 137.080 Consideration of circumstances in aggravation or mitigation of punishment.
- 137.085 Age and physical disability of victim as factors in sentencing.
- 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.
- 137.100 Defendant as witness in relation to circumstances.
- 137.101 Compensatory fine.
- 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.
- 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.
- 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.
- 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.
- 137.121 Maximum consecutive sentences.
- 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.
- 137.124 Commitment of defendant to Department of Corrections or county; place of confinement; transfer of inmates; juveniles.
- 137.125 [1955 c.660 3; repealed by 1967 c.585 8] (Community Service)
- 137.126 Definitions for ORS 137.126 to 137.131.
- 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.
- 137.129 Length of community service sentence.
- 137.130 [Repealed by 1987 c.550 5]
- 137.131 Community service as condition of probation for offense involving graffiti.
- 137.138 Forfeiture of weapons and revocation of hunting license for certain convictions.
- 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.
- 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.
- 137.175 Judgment in criminal action that effects release of defendant; delivery to sheriff.
- 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.
- 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.
- 137.220 Clerk to prepare trial court file.
- 137.225 Order setting aside conviction or record of arrest; fees; prerequisites; limitations.
- 137.227 Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation.
- 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.
- Note: See note under 137.227.
- 137.229 Duty of Department of Corrections.
- Note: See note under 137.227. (Effects of Felony Conviction)
- 137.230 Definitions for ORS 137.260.
- 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.
- 137.270 Effect of felony conviction on property of defendant.
- 137.275 Effect of felony conviction on civil and political rights of felon.
- 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 incarceration; restoration of rights.
- 137.285 Retained rights of felon; regulation of exercise.
- 137.286 Minimum fines for misdemeanors and felonies.
- 137.288 All monetary obligations constitute single obligation on part of convicted person.
- Note: 137.288 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.
- 137.289 Priorities for application of payments on judgments in criminal actions.
- 137.290 [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; repealed by 2011 c.597 118]
- 137.291 Level I obligations.
- 137.292 Level II obligations.
- 137.293 [1987 c.905 2; 2011 c.597 123; renumbered 137.288 in 2011]
- 137.294 Level III obligations.
- 137.295 [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; repealed by 2011 c.597 118]
- 137.296 Level IV obligations.
- 137.297 Level V obligations.
- Note: Section 39, chapter 597, Oregon Laws 2011, provides:
- Sec. 39.
- 137.300 Criminal Fine Account; rules.
- Note: Section 53, chapter 597, Oregon Laws 2011, provides:
- Sec. 53.
- Note: 137.300 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.
- 137.301 Legislative findings.
- 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 [1989 c.860 4; 1993 c.196 4; 1993 c.637 14; 1999 c.1051 255; 2005 c.804 5; 2009 c.856 6,33; repealed by 2011 c.597 118]
- 137.309 [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; repealed by 2011 c.597 118] 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.
- 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.
- 137.372 Credit for time served as part of probationary sentence.
- 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.
- 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.
- 137.400 [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.
- 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.
- 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.
- 137.464 Administrative assessment of defendant s mental capacity.
- 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 defendant s mental capacity.
- Note: See note under 137.464.
- 137.467 Delivery of warrant when place of trial changed.
- 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.
- 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.
- Note: See note under 137.464.
- 137.478 Return of death warrant after execution of sentence of death.
- Note: See note under 137.464.
- 137.482 Service of documents on defendant.
- 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.
- 137.523 Custody of person sentenced to confinement as condition of probation.
- 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.
- 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.
- 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; fees; effect of failure to abide by conditions; modification.
- 137.545 Period of probation; discharge from probation; proceedings in case of violation of conditions.
- Note: The amendments to 137.545 by section 5, chapter 596, Oregon Laws 2011, become operative July 1, 2013, and apply to crimes committed on or after July 1, 2013. See section 6, chapter 596, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
- 137.545. (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) 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 of any hearing before the court that may result in the revocation of the defendant s probation for a felony or person Class A misdemeanor. The notification shall be provided by: (A) The district attorney if the defendant is not supervised by the supervisory authority or if the defendant is supervised by the supervisory authority and the district attorney initiates a request with the court for a probation violation or revocation hearing. (B) The supervisory authority if the defendant is supervised by the supervisory authority and the supervisory authority initiates a request with the court for a probation violation or revocation hearing. (b) To appear personally at the hearing. (c) If present, to reasonably express any views relevant to the issues before the court. (12) As used in this section: (a) Person Class A misdemeanor has the meaning given that term in the rules of the Oregon Criminal Justice Commission. (b) Supervisory authority has the meaning given that term in ORS 144.087.
- 137.547 Consolidation of probation violation proceedings; rules.
- 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.
- 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.
- 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.
- 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.
- Note: See note under 137.592.
- 137.595 Establishing system of sanctions; rules.
- 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.
- Note: See note under 137.592.
- 137.597 Probationer may consent to imposition of sanctions.
- Note: See note under 137.592.
- 137.599 Hearing prior to, or after, imposition of sanctions.
- 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.
- 137.620 Powers of parole and probation officers; oath of office; bond; audit of accounts.
- 137.630 Duties of parole and probation officers.
- 137.635 Determinate sentences required for certain felony convictions.
- 137.637 Determining length of determinate sentences.
- 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] OREGON CRIMINAL JUSTICE COMMISSION
- 137.651 Definitions.
- 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 Oregon Criminal Justice Commission; membership; terms; meetings.
- 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.
- 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.
- 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.
- Note: See note under 137.651.
- 137.662 Oregon Criminal Justice Commission Account.
- 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.
- Note: See note under 137.651.
- 137.669 Guidelines control sentences; mandatory sentences.
- Note: See note under 137.651.
- 137.670 [Repealed by 1961 c.359 1]
- 137.671 Authority of court to impose sentence outside guidelines.
- Note: See note under 137.651.
- 137.673 Validity of rules.
- 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] PRESUMPTIVE SENTENCES, MANDATORY MINIMUM SENTENCES AND ADULT PROSECUTION OF 15-, 16- AND 17-YEAR-OLD OFFENDERS
- 137.689 Oregon Crimefighting Act.
- Note: 137.689 was enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
- 137.690 Major felony sex crime.
- Note: 137.690 was enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
- 137.700 Offenses requiring imposition of mandatory minimum sentences.
- Note: Section 3 (2), chapter 1, Oregon Laws 2006, provides:
- Sec. 3.
- Note: 137.700 to 137.707 were enacted into law but were not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
- 137.705 Definitions for ORS 137.705 and 137.707.
- 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.
- Note: See second note under 137.700.
- 137.709 Application of ORS 137.700 and 137.707.
- Note: 137.709 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.
- 137.712 Exceptions to ORS 137.700 and 137.707.
- 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 Presumptive sentences for certain property offenders.
- Note 1:
- Note 2:
- 137.717. (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 or more previous convictions for any combination of the 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 or more previous convictions for any combination of the 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)(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. (6) 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.
- Note 3:
- 137.719 Presumptive sentence for certain sex offenders.
- 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 [2005 c.708 8; 2009 c.191 1; 2009 c.660 15,16; renumbered 475.935 in 2009] 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.
- 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.
- 137.751 Determination of defendant s eligibility for release on post-prison supervision under ORS 421.508.
- Note: See note under 137.750.
- 137.752 Requirements when defendant committed to custody of county.
- Note: See note under 137.750.
- 137.754 Authority of court to modify judgment to comply with ORS 137.750 and 137.752.
- Note: See note under 137.750. SEXUALLY VIOLENT DANGEROUS OFFENDERS
- 137.765 Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision.
- 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.
- Note: See note under 137.765.
- 137.769 Defendant s right to independent examination.
- Note: See note under 137.765.
- 137.771 Resentencing hearing; petition; findings; modification of sentence.
- Note: See note under 137.765. MISCELLANEOUS
- 137.924 Supervisory authority to provide information to Employment Department.
- Note: 137.924 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. RESTITUTION COLLECTION PILOT PROGRAM
- Note: Sections 1 to 5, chapter 670, Oregon Laws 2011, provide:
- Sec. 1.
- Sec. 2.
- Sec. 3.
- Sec. 4.
- Sec. 5.
- 137.990 [Amended by 1971 c.743 327; repealed by 1973 c.836 358] _______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.