Oregon Revised Statutes
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. If it cannot be determined whether the felony was commit…
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 t…
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.
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Except as otherwise specifically provided by law, all fines, costs, security deposits and other amounts ordered or required to be paid in criminal actions in circuit courts are monetary obligations payable to the state and shall be deposited in the Criminal Fine Account.
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. The time appointed shall be at least two calendar days after the plea or verdict if the court intends to remain in session so…
For the purpose of giving judgment, if the conviction is for: A felony, the defendant shall be personally present. A misdemeanor, judgment may be given in the absence of the defendant.
If the defendant is in custody, the court shall: 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 Ensure that arrangements for the defendant to appear for judgment by simultaneous electronic transmission as described in ORS 131.045 have been made.
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…
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…
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.
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 t…
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No operative statutory text appears at this designation in the selected edition.
When a person is convicted of a felony, a Class A misdemeanor or a sex crime, as defined in ORS 163A.005, 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 anothe…
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This section applies to any person convicted of: A felony; Sexual abuse in the third degree or public indecency; 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 Murder or aggravated murder. When a person is convicted of an…
The presentence report is not a public record and shall be available only to: 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 neces…
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 defendant’s counsel at least five judicial days before the sentencing of the defendant. All other written information, when received by the court …
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 mitig…
When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victim’s particular vulnerability to injury in such case, due to the victim’s youth, advanced age or physical disability. Such particular vulnerability of the victim is a fact enhancing the seriousness of any assault, and …
In determining aggravation or mitigation, the court shall consider: Any evidence received during the proceeding; The presentence report, where one is available; and Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and reliable. In determining mitigation, the court may consider: Evidence regarding the defendant’s …
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)
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…
Notwithstanding ORS 137.106, 137.108, 419C.450 and 811.706, upon collection, 50 percent of awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706 ordered to an insurance carrier shall be paid to the Department of Justice for purposes of victim services funding.
As used in ORS 137.101 to 137.109: “Criminal activities” means any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant. “Economic damages”: Has the meaning given that term in ORS 31.705, except that “economic damages” does not include future impairment of earning capacity; and In cases involvin…
The trial court retains authority during the pendency of an appeal to determine restitution and to enter a supplemental judgment specifying the amount and terms of restitution or an order denying restitution. If the trial court enters a supplemental judgment or an order under subsection (1) of this section during the pendency of an appeal, the trial court a…
Except as provided in subsection (8) of this section, 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, at the time of sentencing or as provided in paragraph (b) of this subsection, evidence of the nature and amount of the…
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 …
When a person has entered into a driving while under the influence of intoxicants diversion agreement and the person’s actions resulted in economic damages, the district attorney shall investigate and present to the court within 90 days of when the diversion agreement is entered, evidence of the nature and amount of the damages. If the court finds from the e…
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 defendant’s commission of a crime, by a defendant’s commission of a violation described in ORS 153.008, or by a defendant’s commission of an act that has brought the defendant before the court for the purpose of entering into…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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. The state may assign a judgment to the Department of Revenue or a priva…
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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…
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. Note: 137.121 was enacted into law by the Legislative…
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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 expre…
If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months: 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 If the judgment provides that the te…
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As used in ORS 137.126 to 137.131: “Community service” means uncompensated labor for an agency whose purpose is to enhance physical or mental stability, environmental quality or the social welfare. “Agency” means a nonprofit organization or public body agreeing to accept community service from offenders and to report on the progress of ordered community se…
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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 offender’s capa…
The length of a community service sentence shall be within these limits: For a violation, not more than 48 hours. For a misdemeanor other than driving under the influence of intoxicants in violation of ORS 813.010, not more than 160 hours. For a felony committed prior to November 1, 1993, not more than 500 hours. For a felony committed on or after Novemb…
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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. The community service must include removing graffiti, ei…
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 connect…
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All fines, costs, restitution, compensatory fines and other monetary obligations imposed upon a convicted person in a circuit, justice or municipal court constitute a single obligation on the part of the convicted person. The clerk shall divide the total obligation as provided in ORS 137.145 to 137.159, based on the different parts of the obligation, and sha…
As used in ORS 137.145 to 137.159: “Criminal judgment” means a judgment of conviction in a criminal action. “Local court” means a justice or municipal court.
There are five levels of priority for application of payments on criminal judgments entered in circuit courts, with Level I obligations having the highest priority and Level V obligations having the lowest priority. All payments on a criminal judgment entered in a circuit court shall be applied first against the unpaid obligations in the level with highest p…
There are four levels of priority for application of payments on criminal judgments entered in local courts, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. All payments on a criminal judgment entered in a local court shall be applied first against the unpaid obligations in the level with highest prio…
There are two types of Level I obligations in criminal judgments entered in circuit courts: Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101. Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706. If a judgment contains both …
No operative statutory text appears at this designation in the selected edition.
There are two types of Level I obligations in criminal judgments entered in local courts: Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101. Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706. If a judgment contains both ty…
Level II obligations in criminal judgments entered in circuit courts include all fines and other monetary obligations payable to the state for which the law does not expressly provide other disposition, including fines payable to the state under ORS 153.633, 153.645 and 153.650.
Level II obligations in criminal judgments entered in local courts include all fines and other monetary obligations payable to the state, a city or a county, after payment of the amount provided for in ORS 153.633 (2).
Level III obligations in criminal judgments entered in circuit courts are fines payable to a county or city.
Level III obligations in criminal judgments entered in local courts are amounts that the law expressly directs be paid to a specific account or public body as defined in ORS 174.109.
Level IV obligations in criminal judgments entered in circuit courts are amounts that the law expressly directs be paid to a specific account or public body as defined in ORS 174.109.
Level IV obligations in criminal judgments entered in local courts are amounts payable for reward reimbursement under ORS 131.897.
Level V obligations in criminal judgments entered in circuit courts are amounts payable for reward reimbursement under ORS 131.897.
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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 th…
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.
The trial court retains authority after entry of judgment of conviction or a supplemental judgment, including during the pendency of an appeal, to modify the judgment, including the sentence, to correct any arithmetic or clerical errors or to delete or modify any erroneous term in the judgment. The court may correct the judgment either on the motion of one o…
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.
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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…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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. Upon making the entry prescribed in subsection (1) of this section, the justice or court shall immediately render judgment …
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 app…
Notwithstanding ORS 138.540, a person who was sentenced for a felony offense other than aggravated murder and the district attorney of the county in which the person was sentenced may jointly petition the sentencing court for reconsideration of a conviction or sentence if the original sentence no longer advances the interests of justice and the conviction is…
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Notwithstanding ORS 138.540, a court may vacate a judgment of conviction for the crime of prostitution under ORS 167.007 or for violating a municipal prostitution ordinance as described in this section. A person may request vacation of a judgment of conviction for prostitution by filing a motion in the county of conviction. The motion may be filed at least …
Notwithstanding ORS 161.525, a person by motion may request the court to reduce the offense classification of a marijuana conviction as provided in this section. A marijuana conviction is eligible for reduction under this section if, since entry of judgment of conviction, the marijuana offense has been: Reduced from a felony to a misdemeanor; Reduced from…
A person who has been found guilty except for insanity of an offense for which, if convicted, the person could apply for entry of an order setting aside the conviction pursuant to ORS 137.225, may by motion apply to the court for entry of an order setting aside the judgment finding the person guilty except for insanity of the offense. A person described in …
Within 60 days of receiving verification from a deflection program coordinator that a person has completed a deflection program, after being referred to the program due to the alleged commission of unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, a law enforcement agency or district attorn…
At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion ma…
Notwithstanding ORS 137.225 (1)(a), a defendant is eligible for an order setting aside a conviction for a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element after one year has elapsed from the date of entry of judgment of conviction if: The defendant was under 21 years of a…
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. The court shall designate agenc…
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 cond…
The Department of Corrections, to the extent that funds are available, shall expand existing and establish new treatment programs for alcohol and drug dependency that meet minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357. Note: See note under 137.227. (Effects of Felony Conviction)
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.
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No operative statutory text appears at this designation in the selected edition.
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.
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 ma…
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…
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In any felony case, when the defendant is sentenced to a term of incarceration, the defendant is deprived of all rights and privileges described in subsection (3) of this section from the date of sentencing until: The defendant is released from incarceration; or The defendant’s conviction is set aside. Subsection (1) of this section applies to any term of…
ORS 137.275 to 137.285 do not deprive the Director of the Department of Corrections, or the director’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 th…
Unless a specific minimum fine is provided by law, the minimum fine for a misdemeanor is $100. Unless a specific minimum fine is provided by law, the minimum fine for a felony is $200. A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would be incons…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Criminal Fine Account is established in the General Fund. Except as otherwise provided by law, all amounts collected in state courts as monetary obligations in criminal actions shall be deposited by the courts in the account. All moneys in the account are continuously appropriated to the Department of Revenue to be distributed by the Department of Revenu…
The Legislative Assembly finds that: Systems critical components of the Oregon criminal justice system exist that require the highest priority considerations for funding from the Criminal Fine Account. The systems critical components of the Oregon criminal justice system are interrelated and essential to the initiation and successful conclusion of criminal…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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. The defendant may be arrested and detained in any county in the state by any peace of…
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…
Except as provided in ORS 137.124, 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 t…
Except as provided in ORS 137.167, 137.333 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. The jailor of any county …
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: Has entered into an intergovernmental agreement as provided in ORS 169.053; or Is located within an intergovernmen…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 inst…
Notwithstanding the provisions of ORS 137.370 (2), an offender who has been revoked from a probationary sentence for a felony committed on or after November 1, 1989, and whose sentence was imposed as a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, shall receive credit for the time served in jail after arrest and …
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 …
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 person…
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.
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No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 define…
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.
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: The Attorney General, by rule, may …
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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 t…
At the death warrant hearing under ORS 137.463, the court shall order that the Oregon Health Authority or its designee perform an assessment of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options if: The defendant indicates the wish to waive the right to counsel; and The court has substantial reason to believe that…
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If the court has ordered the Oregon Health Authority 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 defendant’s mental capacity to engage in reasoned choices of legal strategies and options. If neither the state nor counsel for the defendant contests the …
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.
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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 inst…
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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. 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 caus…
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 superintendent’s return on the death warrant showing the time, place and manner in whi…
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: A death warrant hearing under ORS 137.463. A proceeding in which a perso…
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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 confin…
For felonies committed on or after November 1, 1989: 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 j…
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 whe…
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 repor…
Whenever a person is charged with a misdemeanor or a Class C felony, other than driving while under the influence of intoxicants, and has been formally accepted into a treatment court, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defin…
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…
The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall: Pay fines, restitution or fees ordered by the court. Submit to testing for controlled substance, cannabis or alcohol use if the probationer has a history of substance abuse or if there is a reasonabl…
As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777. Notwithstanding ORS 137.540, if a person who holds a registry identification card is sentenced to probation, supervision conditions related to the…
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: The period of probation shall be as the court determines and may, in the discretion of the court, be continued or extended. The court may at any time discharge a person from probation. At any time during the…
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. Rules made or orders issued under this section: Shall require the consent of the probatio…
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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. To the extent permissible under law, the release dates for revocation of probationary sentences imposed for felonies committed before November 1, 1989, shall be s…
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 court may authorize issuance of citations under this subsection only by officers who are permitted u…
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. Each copy of the citation issued under ORS 137.553 shal…
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, p…
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 pr…
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 probati…
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…
The Legislative Assembly finds that: 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. Decisions to incarcerate offenders in state prisons for violation of the conditions of probation must be made upon a reasonably systematic basis…
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 comm…
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 prio…
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. Note: See note under 137…
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 c…
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 co…
No operative statutory text appears at this designation in the selected edition.
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 o…
As used in this section, “parole and probation officer” has the meaning given that term in ORS 181A.355. 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 …
The duties of parole and probation officers appointed pursuant to ORS 137.590 or 423.500 to 423.560 are: 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. To receive under supervision any person sentence…
A person convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124 (2) is eligible for a reduction in the period of probation or post-prison supervisi…
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…
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. Note: 137.637 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 137.654, 137.656 and 137.658: “Commission” means the Oregon Criminal Justice Commission. “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 treat…
No operative statutory text appears at this designation in the selected edition.
There is established the Oregon Criminal Justice Commission consisting of 12 members as follows: The Governor shall appoint the following nine members who are subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution: One member who is an elected district attorney recommended to the Governor by a statewide nonprof…
No operative statutory text appears at this designation in the selected edition.
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. The primary duty of the commission is to develop and maintain a state criminal justice policy and comprehensive, long-ra…
No operative statutory text appears at this designation in the selected edition.
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. The chairperson shall appoint members of committees created under this section in …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
All officers, boards, commissions and other agencies of the State of Oregon shall cooperate with the Oregon Criminal Justice Commission to accomplish the duties imposed upon the Oregon Criminal Justice Commission. Note: See note under 137.651.
The Oregon Criminal Justice Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Criminal Justice Commission, other than appropriations from the General Fund, and except those moneys described in ORS 131A.460, shall be deposited into the account and are continuously appropriated to the commission to…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 …
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 Commiss…
No operative statutory text appears at this designation in the selected edition.
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. Whenever the court imposes a sentence outside the presumptive sentence it shall set forth the reasons for i…
The Oregon Criminal Justice Commission, in the rules of the commission concerning sentencing departure factors, shall include gender identity as defined in ORS 166.155 as a characteristic of the victim constituting an aggravating factor when the characteristic was the motivation, entirely or in part, for the commission of the crime. Note: 137.672 was enacte…
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). Note: See note under 137.651.
The Oregon Criminal Justice Commission shall analyze data from the National Use-of-Force Data Collection operated by the Federal Bureau of Investigation and report annually in the manner provided in ORS 192.245 to an appropriate committee or interim committee of the Legislative Assembly on the analysis. Note: 137.674 was enacted into law by the Legislative …
No operative statutory text appears at this designation in the selected edition.
The Oregon Criminal Justice Commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall develop and implement a standardized method for district attorneys to record the data described in subsection (2) of this section and report the data to the commission. The commission shall analyze the data reporte…
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Bias crime” means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165. “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or nati…
No operative statutory text appears at this designation in the selected edition.
As used in this section, “treatment courts” means treatment court programs as defined in ORS 3.450. The Oregon Criminal Justice Commission shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of the best practices applicable to treatment courts. After consulting with the Judicial Department, the …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in this section, “criminal offender population” means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime. Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic imp…
Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement for a state measure that is related to crime and likely to have an effect on the criminal justice system. The racial and ethnic impact statement must: Describe the effects …
No operative statutory text appears at this designation in the selected edition.
The Oregon Criminal Justice Commission shall establish a statewide system for tracking simple, clear and meaningful data concerning deflection program outcomes, including connections to social services and criminal justice system avoidance, and other data deemed relevant that is timely and easily accessed to inform best practices and improve outcomes for ind…
For purposes of tracking racial or other demographic disparities in enforcement, the Oregon Criminal Justice Commission shall collect and analyze the following data concerning deflections, arrests, charges and convictions for unlawful possession of a controlled substance and delivery of a controlled substance offenses: The date and location of each deflecti…
This section and ORS 137.690 and 813.011 shall be known as the 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.
a. Any person who is convicted of a major felony sex crime, who has one (or more) previous conviction of a major felony sex crime, shall be imprisoned for a mandatory minimum term of 25 years. b. “Major felony sex crime” means rape in the first degree (ORS 163.375), sodomy in the first degree (ORS 163.405), unlawful sexual penetration in the first degree (O…
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…
As used in this section and ORS 137.707: “Charged” means the filing of an accusatory instrument in a court of criminal jurisdiction. “Detention facility” has the meaning given that term in ORS 419A.004. “Prosecuted” includes pretrial and trial procedures, requirements and limitations provided for in criminal cases. Unless otherwise provided in ORS 137.70…
When a person waived under ORS 419C.349 (1)(a) 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. Th…
ORS 137.700 and 137.707 do not apply to a person who is under 15 years of age at the time the person commits a crime listed in ORS 137.700 or 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 fu…
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…
When a court sentences a person convicted of: Aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, burglary in the first degree under ORS 164.225 or aggravated identity theft under ORS 165.803, the presumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission presc…
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. The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if th…
No operative statutory text appears at this designation in the selected edition.
The presumptive sentence for a crime described in subsection (3) of this section is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime described in subsection (4) of this section. The court may impose a sentence other than the presumptive sentence provided by subsec…
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 or program of conditional or …
When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.…
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 op…
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: The judgment was entered on or after December 5, 1996; The crime of conviction was committed on or after December 5, 1996; and The judgm…
As used in this section: “History of sexual assault” means that a person has engaged in unlawful sexual conduct that: Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and Seriously endangered the life or safety of another person or involved a victim under 12 years of age. “Sexually vio…
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: The defendant is convicted of a crime listed in ORS 137.765 (3); and In the opinion of the court, there is reason to believe that the defendant is a sexually violent dangerous offender as defined in …
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 defendant’s behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to: The defendant for the purpose of the examination; and All relevant medical an…
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 dist…
The Oregon Public Safety Coordination Grant Program is established within the Oregon Criminal Justice Commission to support the coordination of local public safety policy with the goal of reducing individuals’ involvement with the criminal justice system. The Oregon Public Safety Coordination Grant Program consists of grants awarded to counties by the commi…
The Oregon Criminal Justice Commission shall administer the Justice Reinvestment Program described in this section to award grants to counties that establish a process to assess individuals involved in the criminal justice system and provide a continuum of community-based sanctions, services and programs that are designed to reduce recidivism and decrease th…
The Oregon Public Safety Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 137.830 (9)(d) and 137.835. [2025 c.557 §4; 2025 c.557 §4a] Note: The amendments to 137.838 by se…
The Oregon Criminal Justice Commission shall establish the Oregon Treatment Court Grant Program to award grants to counties in order to provide supplemental funding for treatment courts. The grants must support the adherence of treatment courts to the standards developed under ORS 137.680 and may fund the costs of appropriate treatment services and the incar…
The Oregon Treatment Court Grant Program Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 137.843. Note: The amendments to 137.845 by section 22a, chapter 557, Orego…
The Oregon Law Enforcement Grant Program is established within the Oregon Criminal Justice Commission to support local law enforcement in Oregon. The Oregon Law Enforcement Grant Program consists of grants awarded to cities and counties by the commission in the following program areas: The Organized Retail Theft Grant Program established under ORS 137.865;…
The Organized Retail Theft Grant Program is established to assist: Cities and counties with the costs incurred by local law enforcement agencies in addressing organized retail theft; and The Department of Justice with costs incurred by the department in addressing organized retail theft. The Oregon Criminal Justice Commission shall administer the grant pr…
The Organized Retail Theft Grant Program Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 137.865. Note: See second note under 137.830. (Miscellaneous Grant Program…
The Oregon Criminal Justice Commission shall establish a program to award grants to public and private entities for restorative justice programs. The commission shall adopt rules to administer the grant program described in subsection (1) of this section. The rules must: Define restorative justice for the purpose of grant eligibility criteria. Specify the…
The Oregon Criminal Justice Commission shall establish and administer the Innovative Grant Program as described in this section. Using funds in the Innovative Grant Fund described in ORS 137.893, the commission shall award grants to programs that: Demonstrate strong potential to have positive impacts on public safety; Can produce measurable outcomes; Hav…
The Innovative Grant Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of making grants as part of the Innovative Grant Program described in ORS 137.890. The fund shall consist of moneys appropriated to the com…
When a defendant is committed to the supervisory authority of the county pursuant to ORS 137.124, the supervisory authority shall forward the name, date of birth and Social Security number of the defendant to: The Director of the Employment Department for purposes of making a determination of eligibility under ORS 657.155 and 657B.015; The Director of the …
A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a person’s criminal history occurring more than 60 days before the date the criminal history report is delivered. As used in this section, “mat…
No operative statutory text appears at this designation in the selected edition.