ORS 137.771 Resentencing hearing; petition; findings; modification of sentence

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 district attorney may file a response either in support of or in opposition to the petition.

Upon filing the petition, the court may order an examination as provided in ORS 137.767. If the court orders an examination and the petitioner is financially eligible for appointed counsel at state expense, the court may appoint counsel for the petitioner, as provided in ORS 135.050, if the court determines that there are substantial or complex issues involved and the petitioner appears incapable of self-representation.

The court shall review the petition and may hold a hearing on the petition. However, if the state opposes the petition, the court shall hold a hearing on the petition. In determining whether to amend the judgment, the court shall consider:

The nature of the crime for which the petitioner was sentenced to lifetime post-prison supervision;

The degree of violence involved in the crime;

The age of the victim;

The petitioner’s prior history of sexual assault;

Whether the petitioner continues to have psychopathic personality features or sexually deviant arousal patterns or interests;

Other criminal and relevant noncriminal behavior of the petitioner before and after conviction;

The period of time during which the petitioner has not reoffended;

Whether the petitioner has successfully completed a court-approved sex offender treatment program; and

Any other relevant factors.

If the court finds by clear and convincing evidence that the petitioner does not present a substantial probability of committing a crime listed in ORS 137.765 (3), the court shall amend the judgment and impose a lesser sentence.

The sentencing court retains authority to modify its judgment and sentence to reflect the results of a resentencing hearing ordered under this section.

Not less than five years after the denial of a petition under this section, a person sentenced under ORS 137.765 may petition again for a resentencing hearing under subsections (1) to (5) of this section.