Oregon Law
Law as of Jan 1, 2024
Chapter contents
137.010Duty of court to ascertain and impose punishment 137.012Suspension of imposition or execution of sentence of person convicted of certain sexual offenses; term of probation 137.013Appearance 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at time of sentencing 137.015[1971 c.328 §1; 1973 c.346 §1; 1979 c.341 §1; 1983 c.125 §1; 1985 c.277 §1; 1989 c.844 §1; repealed by 1987 c.905 §37] 137.017Disposition of fines, costs and security deposits received by court 137.020Time for pronouncing judgment; delay; notice of right to appeal 137.030Presence of defendant at pronouncement of judgment 137.040Bringing defendant in custody to pronouncement of judgment 137.050Nonattendance or nonappearance of released defendant when attendance required by court 137.060Form of bench warrant 137.070Counties to which bench warrant may issue; service 137.071Requirements for judgment documents 137.072[1967 c.585 §2; repealed by 1973 c.836 §358] 137.073[1989 c.472 §3; repealed by 2003 c.576 §580] 137.074Fingerprints of convicted felons and certain misdemeanants required 137.075[1967 c.585 §3; 1971 c.743 §323; repealed by 1973 c.836 §358] 137.076Blood or buccal sample and thumbprint of certain convicted defendants required; application 137.077Presentence report; general principles of disclosure 137.079Presentence report; other writings considered in imposing sentence; disclosure to parties; court’s authority to except parts from disclosure 137.080Consideration of circumstances in aggravation or mitigation of punishment 137.085Age and physical disability of victim as factors in sentencing 137.090Considerations in determining aggravation or mitigation 137.100Defendant as witness in relation to circumstances 137.101Compensatory fine 137.103Definitions for ORS 137.101 to 137.109 137.105Authority of trial court during pendency of appeal 137.106Restitution to victims; objections by defendant; disclosure to defendant 137.107Authority of court to amend part of judgment relating to restitution 137.108Restitution when defendant has entered into diversion agreement 137.109Effect 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credit of restitution against subsequent civil judgment; effect of criminal judgment on subsequent civil action 137.110[Repealed by 1973 c.836 §358] 137.111[1955 c.636 §3; 1961 c.424 §1; repealed by 1971 c.743 §432] 137.112[1953 c.641 §2; 1955 c.252 §1; 1955 c.636 §1; 1961 c.424 §2; repealed by 1971 c.743 §432] 137.113[1953 c.641 §3; 1955 c.252 §2; 1961 c.424 §3; repealed by 1971 c.743 §432] 137.114[1953 c.641 §4; repealed by 1971 c.743 §432]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] 137.118Assignment of judgments for collection of monetary obligation; costs of collection 137.119[1963 c.320 §1; 1969 c.502 §3; 1969 c.597 §124; repealed by 1971 c.743 §432] 137.120Term of sentence; reasons to be stated on record 137.121Maximum consecutive sentences 137.122[1985 c.722 §2; repealed by 1991 c.67 §28] 137.123Provisions relating to concurrent and consecutive sentences 137.124Commitment of defendant to Department of Corrections or county; place of confinement; transfer of adults in custody; juveniles 137.125[1955 c.660 §3; repealed by 1967 c.585 §8] 137.126Definitions for ORS 137.126 to 137.131 137.127[1955 c.660 §5; repealed by 1967 c.585 §8] 137.128Community service as part of sentence; effect of failure to perform community service 137.129Length of community service sentence 137.130[Repealed by 1987 c.550 §5] 137.131Community service as condition of probation for offense involving graffiti 137.138Forfeiture of weapons and revocation of hunting license for certain convictions 137.140[Amended by 1973 c.836 §263; 1987 c.550 §3; renumbered 137.167 in 2013] 137.143All monetary obligations constitute single obligation on part of convicted person 137.145Definitions for ORS 137.145 to 137.159 137.146Priorities for application of payments on criminal judgments entered in circuit courts 137.147Priorities for application of payments on criminal judgments entered in local courts 137.149Level I obligations in circuit court judgments 137.150[Amended by 1959 c.530 §1; 1969 c.511 §2; repealed by 1971 c.743 §432] 137.151Level I obligations in local court judgments 137.153Level II obligations in circuit court judgments 137.154Level II obligations in local court judgments 137.155Level III obligations in circuit court judgments 137.156Level III obligations in local court judgments 137.157Level IV obligations in circuit court judgments 137.158Level IV obligations in local court judgments 137.159Level V obligations in circuit court judgments 137.160[Repealed by 1961 c.520 §1] 137.167Imprisonment when county jail is not suitable for safe confinement 137.170Entry of judgment in criminal action 137.172Entry of corrected judgment 137.175Judgment 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] 137.183Interest on judgments; waiver; payments 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] 137.210Taxation of costs against complainant 137.212Clerk to prepare trial court file 137.218Joint petition for reconsideration of conviction or sentence 137.220[1959 c.558 §33 (enacted in lieu of 137.190); renumbered 137.212 in 2021] 137.221Vacation of judgment of conviction for prostitution 137.222Motion for reduction of marijuana conviction offense classification; entry of amended judgment 137.223Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order 137.225Order setting aside conviction or record of criminal charge; fees; prerequisites; limitations 137.226Eligibility for order setting aside certain marijuana convictions 137.227Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation 137.228Finding that defendant is alcoholic or drug-dependent person; effect 137.229Duty of Department of Corrections 137.230Definitions 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] 137.260Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged 137.270Effect of felony conviction on property of defendant 137.275Effect 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)] 137.281Withdrawal of rights during term of incarceration; restoration of rights 137.285Retained rights of felon; regulation of exercise 137.286Minimum fines for misdemeanors and felonies; retention of jurisdiction 137.288[Formerly 137.293; renumbered 137.143 in 2013] 137.289[2011 c.597 §33; 2013 c.685 §21; renumbered 137.146 in 2013] 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[2011 c.597 §34; 2013 c.685 §22; renumbered 137.149 in 2013] 137.292[2011 c.597 §35; 2013 c.685 §23; renumbered 137.153 in 2013] 137.293[1987 c.905 §2; 2011 c.597 §123; renumbered 137.288 in 2011] 137.294[2011 c.597 §36; 2013 c.685 §24; renumbered 137.155 in 2013] 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[2011 c.597 §37; 2013 c.685 §25; renumbered 137.157 in 2013] 137.297[2011 c.597 §38; 2013 c.685 §26; renumbered 137.159 in 2013] 137.300Criminal Fine Account; rules 137.301Legislative findings 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] 137.310Authorizing execution of judgment; detention of defendant 137.315Electronic telecommunication of notice of judgment authorized 137.320Delivery of defendant when committed to Department of Corrections; credit on sentence 137.330Where judgment of imprisonment in county jail is executed 137.333Exception to ORS 137.330 137.340[Repealed by 1971 c.743 §432] 137.350[Repealed by 1987 c.247 §1] 137.360[Repealed by 1987 c.247 §1] 137.370Commencement and computation of term of imprisonment in state correctional institution; sentences concurrent unless court orders otherwise 137.372Credit for time served as part of probationary sentence; diversion program or specialty court program 137.375Release of prisoners whose terms expire on weekends or legal holidays 137.380Discipline, treatment and employment of prisoners 137.390Commencement, 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] 137.440Return by officer executing judgment; annexation to trial court file 137.450Enforcement of money judgment in criminal action 137.452Satisfaction of monetary obligation imposed as part of sentence; release of judgment lien from real property; authority of Attorney General 137.460[Renumbered 137.270] 137.463Death warrant hearing; death warrant 137.464Administrative assessment of defendant’s mental capacity 137.465[1979 c.2 §5; repealed by 1981 c.873 §9] 137.466Judicial determination of defendant’s mental capacity 137.467Delivery of warrant when place of trial changed 137.470[1979 c.2 §6; repealed by 1981 c.873 §9] 137.473Means of inflicting death; place and procedures; acquisition of lethal substance 137.475[1979 c.2 §7; repealed by 1981 c.873 §9] 137.476Assistance by licensed health care professional or nonlicensed medically trained person 137.478Return of death warrant after execution of sentence of death 137.482Service of documents on defendant 137.510[Amended by 1955 c.660 §18; 1955 c.688 §1; repealed by 1971 c.743 §432] 137.520Power of committing magistrate to parole and grant temporary release to persons confined in county jail; authority of sheriff to release persons confined in county jail; disposition of work release earnings 137.523Custody of person sentenced to confinement as condition of probation 137.525Probation for person convicted of crime described in ORS 163.305 to 163.467; examination; report; written consent of convicted person 137.530Investigation and report of parole and probation officers; statement of victim 137.532Probation without entering plea; waiver of rights; effect of violating probation agreement 137.533Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation 137.540Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification 137.542Probation conditions related to medical use of cannabis 137.545Period of probation; discharge from probation; proceedings in case of violation of conditions 137.547Consolidation of probation violation proceedings; rules 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] 137.551Revocation of probationary sentences; release dates; rules 137.553Use of citations for probation violations authorized 137.557Citation; procedure; contents 137.560Copies of certain judgments to be sent to Department of Corrections 137.570Authority to transfer probationer from one agency to another; procedure 137.580Effect of transfer of probationer from one agency to another 137.590Appointment of parole and probation officers and assistants; chief parole and probation officer 137.592Policy regarding probation violations 137.593Duty of corrections agencies to impose structured, intermediate sanctions for probation violations 137.595Establishing system of sanctions; rules 137.596Probation violations; custodial sanctions; rules 137.597Probationer may consent to imposition of sanctions 137.599Hearing prior to, or after, imposition of sanctions 137.600[Repealed by 1955 c.491 §9] 137.610Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge 137.620Powers of parole and probation officers; oath of office; bond; audit of accounts 137.630Duties of parole and probation officers 137.633Earned reduction of supervision period; rules 137.635Determinate sentences required for certain felony convictions 137.637Determining length of determinate sentences 137.640[Repealed by 1961 c.359 §1] 137.650[Repealed by 1961 c.359 §1] 137.651Definitions for ORS 137.654, 137.656 and 137.658 137.653[1985 c.558 §2; 1987 c.879 §18; 1989 c.548 §1; 1993 c.188 §2; repealed by 1995 c.420 §14] 137.654Oregon Criminal Justice Commission; membership; terms; meetings 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] 137.656Purpose and duties of commission; rules 137.657[1989 c.790 §91; repealed by 1995 c.420 §14] 137.658Authority of chairperson to create committees within commission; Justice Reinvestment Program advisory committee; report to legislature 137.659[1987 c.619 §9; 1991 c.455 §1; repealed by 1995 c.420 §14] 137.660[Repealed by 1961 c.359 §1] 137.661Agency cooperation with commission 137.662Oregon Criminal Justice Commission Account 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] 137.667Amendments to sentencing guidelines; submitting to Legislative Assembly; rules 137.669Guidelines control sentences; mandatory sentences 137.670[Repealed by 1961 c.359 §1] 137.671Authority of court to impose sentence outside guidelines 137.672Aggravating factor sentencing rules relating to gender identity of victim 137.673Validity of rules 137.674Use of force data analysis; report to legislature 137.675[1993 c.680 §14; repealed by 1995 c.420 §14] 137.676Development of method for district attorneys to record and report bias-related crime data; rules 137.677[1993 c.680 §15; repealed by 1995 c.420 §14] 137.678Analysis of bias-related crime and incident data; annual report; rules 137.679Restorative justice grant program; rules 137.680Development of specialty court standards 137.681Innovative Grant Program; rules 137.682Innovative Grant Fund 137.683Racial and ethnic impact statements for proposed legislation; rules 137.685Racial and ethnic impact statements for state measures; hearing 137.686Organized Retail Theft Grant Program; rules 137.689Oregon Crimefighting Act 137.690Major felony sex crime. a 137.700Offenses requiring imposition of mandatory minimum sentences 137.705Definitions; adult prosecution of certain juvenile offenders 137.707Mandatory minimum sentences for certain juvenile offenders waived to adult court; lesser included offenses; return to juvenile court 137.709Application of ORS 137.700 and 137.707 137.712Exceptions to ORS 137.700 and 137.707 137.717Presumptive sentences for certain property offenders 137.719Presumptive life sentence for certain sex offenders upon third conviction 137.721[2005 c.708 §8; 2009 c.191 §1; 2009 c.660 §§15,16; renumbered 475.935 in 2009] 137.725Presumptive life sentence for certain sex offenders upon second conviction 137.750Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs 137.751Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508 137.752Requirements when defendant committed to custody of county 137.754Authority of court to modify judgment to comply with ORS 137.750 and 137.752 137.765Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision 137.767Presentence investigation and examination 137.769Defendant’s right to independent examination 137.771Resentencing hearing; petition; findings; modification of sentence 137.924Supervisory authority to provide information to agency directors 137.930Criminal history data provider requirements 137.990[Amended by 1971 c.743 §327; repealed by 1973 c.836 §358]

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

ORS 137.700 Offenses requiring imposition of mandatory minimum sentences

(1)

Notwithstanding ORS 161.605, when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection

(2)(b)

of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection

(2)(c)

of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.

(2)

The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are: __________________________________________

(a)(A)

Murder in the second degree, as defined in ORS 163.115.......................300 months

(B)

Murder in the first degree, as defined in ORS 163.107..................360 months

(C)

Attempt or conspiracy to commit aggravated murder, as defined in ORS 163.095..................120 months

(D)

Attempt or conspiracy to commit murder in any degree. .....................90 months

(E)

Manslaughter in the first degree, as defined in ORS 163.118..................120 months

(F)

Manslaughter in the second degree, as defined in ORS 163.125....................75 months

(G)

Assault in the first degree, as defined in ORS 163.185.........................90 months

(H)

Assault in the second degree, as defined in ORS 163.175.........................70 months

(I)

Except as provided in paragraph (b)(G) of this subsection, kidnapping in the first degree, as defined in ORS 163.235....................90 months

(J)

Kidnapping in the second degree, as defined in ORS 163.225.........................70 months

(K)

Rape in the first degree, as defined in ORS 163.375

(1)(a)

, (c) or (d)..................100 months

(L)

Rape in the second degree, as defined in ORS 163.365.........................75 months

(M)

Sodomy in the first degree, as defined in ORS 163.405

(1)(a)

, (c) or (d)..................100 months

(N)

Sodomy in the second degree, as defined in ORS 163.395.........................75 months

(O)

Unlawful sexual penetration in the first degree, as defined in ORS 163.411

(1)(a)

or (c).........................100 months

(P)

Unlawful sexual penetration in the second degree, as defined in ORS 163.408. ....75 months

(Q)

Sexual abuse in the first degree, as defined in ORS 163.427.........................75 months

(R)

Robbery in the first degree, as defined in ORS 164.415.........................90 months

(S)

Robbery in the second degree, as defined in ORS 164.405.........................70 months

(b)(A)

Arson in the first degree, as defined in ORS 164.325, when the offense represented a threat of serious physical injury. ...................90 months

(B)

Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.........................70 months

(C)

Compelling prostitution, as defined in ORS 167.017.........................70 months

(D)

Rape in the first degree, as defined in ORS 163.375 (1)(b). ...........300 months

(E)

Sodomy in the first degree, as defined in ORS 163.405 (1)(b). ...........300 months

(F)

Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b). ...........300 months

(G)

Kidnapping in the first degree, as defined in ORS 163.235, when the offense is committed in furtherance of the commission or attempted commission of an offense listed in subparagraph

(D)

, (E) or (F) of this paragraph...................300 months

(c)

Aggravated vehicular homicide, as defined in

ORS 163.149.......................240 months __________________________________________ [1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5; 2019 c.635 §10]

Note: Section 3 (2), chapter 1, Oregon Laws 2006,

provides: Sec. 3. (2) The amendments to ORS 137.700 by section 1 of this 2006 Act apply only to a person who was at least 18 years of age at the time the person committed an offense described in ORS 137.700 (2)(b)(D), (E), (F) or (G).

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.

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Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.