2015 Oregon Revised Statutes
Volume : 12 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors
Section 475.930 - Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925.

(1) When a court sentences a person under ORS 164.061, 475.907, 475.924 and 475.925:

(a) The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in:

(A) ORS 475.925 (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.

(B) ORS 475.907 (1) and 475.925 (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.

(C) ORS 164.061 shall be determined utilizing crime category 8 of the sentencing guidelines grid.

(b)(A) Notwithstanding ORS 161.605, the court shall impose the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.

(B) The court may impose a sentence other than the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 if the court imposes a longer term of incarceration that is otherwise required or authorized by law.

(2) A person sentenced under ORS 164.061, 475.907, 475.924 and 475.925 may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed.

[2008 c.14 §11]

Note: 475.930 was enacted into law but was not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.