Chapter 137 — Judgment
and Execution; Parole and Probation by the Court
2011 EDITION
JUDGMENT; EXECUTION; PAROLE; PROBATION
PROCEDURE IN CRIMINAL MATTERS GENERALLY
JUDGMENT
(Generally)
137.010 Duty
of court to ascertain and impose punishment
137.012 Suspension
of imposition or execution of sentence of person convicted of certain sexual
offenses; term of probation
137.013 Appearance
by victim at time of sentencing
137.017 Disposition
of fines, costs and security deposits received by court
137.020 Time
for pronouncing judgment; delay; notice of right to appeal
137.030 Presence
of defendant at pronouncement of judgment
137.040 Bringing
defendant in custody to pronouncement of judgment
137.050 Nonattendance
or nonappearance of released defendant when attendance required by court
137.060 Form
of bench warrant
137.070 Counties
to which bench warrant may issue; service
137.071 Requirements
for judgment documents
137.074 Fingerprints
of convicted felons and certain misdemeanants required
137.076 Blood
or buccal sample and thumbprint of certain convicted defendants required;
application
(Presentence Report)
137.077 Presentence
report; general principles of disclosure
137.079 Presentence
report; other writings considered in imposing sentence; disclosure to parties;
court’s authority to except parts from disclosure
(Aggravation or Mitigation)
137.080 Consideration
of circumstances in aggravation or mitigation of punishment
137.085 Age
and physical disability of victim as factors in sentencing
137.090 Considerations
in determining aggravation or mitigation
137.100 Defendant
as witness in relation to circumstances
(Compensatory Fine)
137.101 Compensatory
fine
(Restitution)
137.103 Definitions
for ORS 137.101 to 137.109
137.106 Restitution
to victims; objections by defendant
137.107 Authority
of court to amend part of judgment relating to restitution
137.109 Effect
of restitution order on other remedies of victim; credit of restitution against
subsequent civil judgment; effect of criminal judgment on subsequent civil
action
(Collection of Monetary Obligations)
137.118 Assignment
of judgments for collection of monetary obligation; costs of collection
(Term and Place of Confinement)
137.120 Term
of sentence; reasons to be stated on record
137.121 Maximum
consecutive sentences
137.123 Provisions
relating to concurrent and consecutive sentences
137.124 Commitment
of defendant to Department of Corrections or county; place of confinement;
transfer of inmates; juveniles
(Community Service)
137.126 Definitions
for ORS 137.126 to 137.131
137.128 Community
service as part of sentence; effect of failure to perform community service
137.129 Length
of community service sentence
137.131 Community
service as condition of probation for offense involving graffiti
(Forfeiture of Weapons)
137.138 Forfeiture
of weapons and revocation of hunting license for certain convictions
(Post-Judgment Procedures)
137.140 Imprisonment
when county jail is not suitable for safe confinement
137.170 Entry
of judgment in criminal action
137.175 Judgment
in criminal action that effects release of defendant; delivery to sheriff
137.183 Interest
on judgments; waiver; payments
137.210 Taxation
of costs against complainant
137.220 Clerk
to prepare trial court file
137.225 Order
setting aside conviction or record of arrest; fees; prerequisites; limitations
(Alcoholic or Drug-Dependent Person)
137.227 Evaluation
after conviction to determine if defendant is alcoholic or drug-dependent
person; agencies to perform evaluation
137.228 Finding
that defendant is alcoholic or drug-dependent person; effect
137.229 Duty
of Department of Corrections
(Effects of Felony Conviction)
137.230 Definitions
for ORS 137.260
137.260 Political
rights restored to persons convicted of felony before August 9, 1961, and
subsequently discharged
137.270 Effect
of felony conviction on property of defendant
137.275 Effect
of felony conviction on civil and political rights of felon
137.281 Withdrawal
of rights during term of incarceration; restoration of rights
137.285 Retained
rights of felon; regulation of exercise
(Minimum Fine)
137.286 Minimum
fines for misdemeanors and felonies
(Payment of Monetary Obligations)
137.288 All
monetary obligations constitute single obligation on part of convicted person
137.289 Priorities
for application of payments on judgments in criminal actions
137.291 Level
I obligations
137.292 Level
II obligations
137.294 Level
III obligations
137.296 Level
IV obligations
137.297 Level
V obligations
137.300 Criminal
Fine Account; rules
137.301 Legislative
findings
EXECUTION OF JUDGMENT
(Imprisonment)
137.310 Authorizing
execution of judgment; detention of defendant
137.315 Electronic
telecommunication of notice of judgment authorized
137.320 Delivery
of defendant when committed to Department of Corrections; credit on sentence
137.330 Where
judgment of imprisonment in county jail is executed
137.333 Exception
to ORS 137.330
137.370 Commencement
and computation of term of imprisonment in state penal or correctional
institution; sentences concurrent unless court orders otherwise
137.372 Credit
for time served as part of probationary sentence
137.375 Release
of prisoners whose terms expire on weekends or legal holidays
137.380 Discipline,
treatment and employment of prisoners
137.390 Commencement,
term and termination of term of imprisonment in county jail; treatment of
prisoners therein
137.440 Return
by officer executing judgment; annexation to trial court file
137.450 Enforcement
of money judgment in criminal action
137.452 Satisfaction
of monetary obligation imposed as part of sentence; release of judgment lien
from real property; authority of Attorney General
(Death Sentence)
137.463 Death
warrant hearing; death warrant
137.464 Administrative
assessment of defendant’s mental capacity
137.466 Judicial
determination of defendant’s mental capacity
137.467 Delivery
of warrant when place of trial changed
137.473 Means
of inflicting death; place and procedures; acquisition of lethal substance
137.476 Assistance
by licensed health care professional or nonlicensed medically trained person
137.478 Return
of death warrant after execution of sentence of death
137.482 Service
of documents on defendant
PROBATION AND PAROLE BY COMMITTING
MAGISTRATE
137.520 Power
of committing magistrate to parole and grant temporary release to persons
confined in county jail; authority of sheriff to release county jail inmates;
disposition of work release earnings
137.523 Custody
of person sentenced to confinement as condition of probation
137.525 Probation
for person convicted of crime described in ORS 163.305 to 163.467; examination;
report; written consent of convicted person
137.530 Investigation
and report of parole and probation officers; statement of victim
137.533 Probation
without entering judgment of guilt; when appropriate; effect of violating
condition of probation
137.540 Conditions
of probation; evaluation and treatment; fees; effect of failure to abide by
conditions; modification
137.545 Period
of probation; discharge from probation; proceedings in case of violation of
conditions
137.547 Consolidation
of probation violation proceedings; rules
137.551 Revocation
of probationary sentences; release dates; rules
137.553 Use
of citations for probation violations authorized
137.557 Citation;
procedure; contents
137.560 Copies
of certain judgments to be sent to Department of Corrections
137.570 Authority
to transfer probationer from one agency to another; procedure
137.580 Effect
of transfer of probationer from one agency to another
137.590 Appointment
of parole and probation officers and assistants; chief parole and probation
officer
137.592 Policy
regarding probation violations
137.593 Duty
of corrections agencies to impose structured, intermediate sanction for
probation violations
137.595 Establishing
system of sanctions; rules
137.596 Probation
violations; custodial sanctions; rules
137.597 Probationer
may consent to imposition of sanctions
137.599 Hearing
prior to, or after, imposition of sanctions
137.610 Performance
by Department of Corrections staff of duties of parole and probation officers
appointed by judge
137.620 Powers
of parole and probation officers; oath of office; bond; audit of accounts
137.630 Duties
of parole and probation officers
DETERMINATE SENTENCES
137.635 Determinate
sentences required for certain felony convictions
137.637 Determining
length of determinate sentences
OREGON CRIMINAL JUSTICE COMMISSION
137.651 Definitions
137.654 Oregon
Criminal Justice Commission; membership; terms; meetings
137.656 Purpose
and duties of commission; rules
137.658 Authority
of chairperson to create committees within commission
137.661 Agency
cooperation with commission
137.662 Oregon
Criminal Justice Commission Account
137.667 Amendments
to sentencing guidelines; submitting to Legislative Assembly; rules
137.669 Guidelines
control sentences; mandatory sentences
137.671 Authority
of court to impose sentence outside guidelines
137.673 Validity
of rules
PRESUMPTIVE SENTENCES, MANDATORY MINIMUM
SENTENCES AND ADULT PROSECUTION OF 15-, 16- AND 17-YEAR-OLD OFFENDERS
137.689 Oregon
Crimefighting Act
137.690 Major
felony sex crime
137.700 Offenses
requiring imposition of mandatory minimum sentences
137.705 Definitions
for ORS 137.705 and 137.707
137.707 Adult
prosecution of 15-, 16- or 17-year-old offenders; mandatory minimum sentences;
lesser included offenses; transfer to juvenile court
137.709 Application
of ORS 137.700 and 137.707
137.712 Exceptions
to ORS 137.700 and 137.707
137.717 Presumptive
sentences for certain property offenders
137.719 Presumptive
sentence for certain sex offenders
SENTENCING REQUIREMENTS CONCERNING
DEFENDANT’S ELIGIBILITY FOR CERTAIN TYPES OF LEAVE, RELEASE OR PROGRAMS
137.750 Sentencing
requirements concerning defendant’s eligibility for certain types of leave,
release or programs
137.751 Determination
of defendant’s eligibility for release on post-prison supervision under ORS
421.508
137.752 Requirements
when defendant committed to custody of county
137.754 Authority
of court to modify judgment to comply with ORS 137.750 and 137.752
SEXUALLY VIOLENT DANGEROUS OFFENDERS
137.765 Sexually
violent dangerous offenders; definitions; mandatory lifetime post-prison
supervision
137.767 Presentence
investigation and examination
137.769 Defendant’s
right to independent examination
137.771 Resentencing
hearing; petition; findings; modification of sentence
MISCELLANEOUS
137.924 Supervisory
authority to provide information to Employment Department
RESTITUTION COLLECTION PILOT PROGRAM
(Temporary provisions relating to
restitution collection pilot program are compiled as notes following ORS
137.924)
JUDGMENT
(Generally)
137.010 Duty of court to ascertain and
impose punishment. (1) 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.
(2)
If it cannot be determined whether the felony was committed on or after
November 1, 1989, the defendant shall be sentenced as if the felony had been
committed prior to November 1, 1989.
(3)
Except when a person is convicted of a felony committed on or after November 1,
1989, if the court is of the opinion that it is in the best interests of the
public as well as of the defendant, the court may suspend the imposition or
execution of any part of a sentence for any period of not more than five years.
The court may extend the period of suspension beyond five years in accordance
with subsection (4) of this section.
(4)
If the court suspends the imposition or execution of a part of a sentence for
an offense other than a felony committed on or after November 1, 1989, the
court may also impose and execute a sentence of probation on the defendant for
a definite or indefinite period of not more than five years. However, upon a
later finding that a defendant sentenced to probation for a felony has violated
a condition of the probation and in lieu of revocation, the court may order the
period of both the suspended sentence and the sentence of probation extended
until a date not more than six years from the date of original imposition of
sentence. Time during which the probationer has absconded from supervision and
a bench warrant has been issued for the probationer’s arrest shall not be
counted in determining the time elapsed since imposition of the sentence of
probation.
(5)
If the court announces that it intends to suspend imposition or execution of
any part of a sentence, the defendant may, at that time, object and request
imposition of the full sentence. In no case, however, does the defendant have a
right to refuse the court’s order, and the court may suspend imposition or
execution of a part of the sentence despite the defendant’s objection or
request. If the court further announces that it intends to sentence the
defendant to a period of probation, the defendant may, at that time, object and
request that a sentence of probation or its conditions not be imposed or that
different conditions be imposed. In no case, however, does the defendant have
the right to refuse a sentence of probation or any of the conditions of the
probation, and the court may sentence the defendant to probation subject to
conditions despite the defendant’s objection or request.
(6)
The power of the judge of any court to suspend execution of any part of a
sentence or to sentence any person convicted of a crime to probation shall
continue until the person is delivered to the custody of the Department of
Corrections.
(7)
When a person is convicted of an offense and the court does not suspend the
imposition or execution of any part of a sentence or when a suspended sentence
or sentence of probation is revoked, the court shall impose the following
sentence:
(a)
A term of imprisonment;
(b)
A fine;
(c)
Both imprisonment and a fine; or
(d)
Discharge of the defendant.
(8)
This section does not deprive the court of any authority conferred by law to
enter a judgment for the forfeiture of property, suspend or cancel a license,
remove a person from office or impose any other civil penalty. An order
exercising that authority may be included as part of the judgment of conviction.
(9)
When imposing sentence for a felony committed on or after November 1, 1989, the
court shall submit sentencing information to the commission in accordance with
rules of the commission.
(10)
A judgment of conviction that includes a term of imprisonment for a felony
committed on or after November 1, 1989, shall state the length of incarceration
and the length of post-prison supervision. The judgment of conviction shall
also provide that if the defendant violates the conditions of post-prison supervision,
the defendant shall be subject to sanctions including the possibility of
additional imprisonment in accordance with rules of the commission. [Amended by
1971 c.743 §322; 1981 c.181 §1; 1987 c.320 §27; 1989 c.790 §6; 1989 c.849 §1;
1993 c.14 §1; 2003 c.576 §388; 2005 c.10 §2]
137.012 Suspension of imposition or
execution of sentence of person convicted of certain sexual offenses; term of
probation. 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 the maximum statutory indeterminate sentence for the offense. [1991
c.831 §2; 1993 c.14 §2; 1993 c.301 §2; 1999 c.161 §3]
Note:
137.012 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
137.013 Appearance by victim at time of
sentencing. 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. [1987 c.2 §10]
137.015 [1971
c.328 §1; 1973 c.346 §1; 1979 c.341 §1; 1983 c.125 §1; 1985 c.277 §1; 1989
c.844 §1; repealed by 1987 c.905 §37]
137.017 Disposition of fines, costs and
security deposits received by court. Except as
otherwise specifically provided by law, all fines, costs, security deposits and
other amounts ordered or required to be paid in criminal actions are monetary
obligations payable to the state and shall be deposited in the Criminal Fine
Account. [1981 s.s. c.3 §102; 1983 c.763 §42; 1987 c.905 §5; 1999 c.1051 §253;
2011 c.597 §122]
137.020 Time for pronouncing judgment;
delay; notice of right to appeal. (1) 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.
(2)(a)
The time appointed shall be at least two calendar days after the plea or
verdict if the court intends to remain in session so long. If the court does
not intend to remain in session at least two calendar days, the time appointed
may be sooner than two calendar days, but shall be as remote a time as can
reasonably be allowed. However, in the latter case, the judgment shall not be
given less than six hours after the plea or verdict, except with the consent of
the defendant.
(b)
Except for good cause shown or as otherwise provided in this paragraph, a court
shall not delay for more than 31 calendar days after the plea or verdict the
sentencing of a defendant held in custody on account of the pending
proceedings. Except for good cause shown or as otherwise provided in this
paragraph, a court shall not delay for more than 56 calendar days after the
plea or verdict the sentencing of a defendant not held in custody on account of
the pending proceedings. If the defendant is not in custody and the court does
not pronounce judgment within 56 calendar days after the plea or verdict, any
period of probation imposed as a part of a subsequent judgment shall begin to
run from the date of the plea or verdict.
(3)
If the defendant is in custody following the verdict, the court shall pronounce
judgment as soon as practicable, but in any case within seven calendar days
following the verdict if no presentence investigation is ordered, and within
seven calendar days after delivery of the presentence report to the court if a
presentence investigation has been ordered; however, the court may delay
pronouncement of judgment beyond the limits of this subsection for good cause
shown.
(4)
If the final calendar day a defendant must be sentenced is not a judicial day
then sentencing may be delayed until the next judicial day.
(5)(a)
At the time a court pronounces judgment the defendant, if present, shall be
advised of the right to appeal and of the procedure for protecting that right.
If the defendant is not present, the court shall advise the defendant in
writing of the right to appeal and of the procedure for protecting that right.
(b)
If the defendant is sentenced subsequent to a plea of guilty or no contest or
upon probation revocation or sentence suspension, or if the defendant is
resentenced after an order by an appellate court or a post-conviction relief
court, the court shall advise the defendant of the limitations on appealability
imposed by ORS 138.050 (1) and 138.222 (7). If the defendant is not present,
the court shall advise the defendant in writing of the limitations on
appealability imposed by ORS 138.050 (1) and 138.222 (7).
(6)
If the defendant is financially eligible for appointment of counsel at state
expense on appeal under ORS 138.500, trial counsel shall determine whether the
defendant wishes to pursue an appeal. If the defendant wishes to pursue an
appeal, trial counsel shall transmit to the office of public defense services
established under ORS 151.216, on a form prepared by the office, information
necessary to perfect the appeal. [Amended by 1971 c.565 §18a; 1987 c.242 §1;
1991 c.111 §12; 2001 c.644 §4; 2003 c.14 §57]
137.030 Presence of defendant at pronouncement
of judgment. For the purpose of giving judgment, if
the conviction is for:
(1)
A felony, the defendant shall be personally present.
(2)
A misdemeanor, judgment may be given in the absence of the defendant. [Amended
by 1993 c.581 §1; 1997 c.827 §1; 2005 c.566 §9]
137.040 Bringing defendant in custody to
pronouncement of judgment. If the defendant is in custody,
the court shall:
(1)
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
(2)
Ensure that arrangements for the defendant to appear for judgment by
simultaneous electronic transmission as described in ORS 131.045 have been
made. [Amended by 2005 c.566 §10]
137.050 Nonattendance or nonappearance of
released defendant when attendance required by court.
(1) 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 may direct the
clerk to issue a bench warrant for the defendant’s arrest.
(2)
At any time after the making of the order for the bench warrant, the clerk, on
the application of the district attorney, shall issue such warrant, as by the
order directed, whether the court is sitting or not. [Amended by 1973 c.836 §257]
137.060 Form of bench warrant.
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 this court of the
crime of (designating it generally), you are commanded to arrest the
above-named defendant forthwith and bring the defendant before such court for
judgment or, if the court has adjourned for the term, deliver the defendant
into the custody of the jailor of this county. By order of the court.
Witness
my hand and seal of said circuit court, affixed at ______, in said county,
this ______ day of______, 2___.
[L.
S.]
C D, Clerk of
the Court
______________________________________________________________________________
[Amended by 1957 c.659 §1; 1971 c.423 §1]
137.070 Counties to which bench warrant
may issue; service. 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. [Amended
by 1973 c.836 §258]
137.071 Requirements for judgment
documents. (1) 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 the judgment document fails to comply with this section.
(2)
A judgment document in a criminal action must comply with ORS 18.038. In
addition, a judgment document in a criminal action must:
(a)
Indicate whether the defendant was determined to be financially eligible for
purposes of appointed counsel in the action.
(b)
Indicate whether the court appointed counsel for the defendant in the action.
(c)
If there is no attorney for the defendant, indicate whether the defendant
knowingly waived any right to an attorney after having been informed of that
right.
(d)
Include the identity of the recorder or reporter for the proceeding or action
who is to be served under ORS 138.081.
(e)
Include any information specifically required by statute or by court rule.
(f)
Specify clearly the court’s determination for each charge in the information,
indictment or complaint.
(g)
Specify clearly the court’s disposition, including all legal consequences the
court establishes or imposes. If the determination is one of conviction, the
judgment document must include any suspension of sentence, forfeiture,
imprisonment, cancellation of license, removal from office, monetary
obligation, probation, conditions of probation, discharge, restitution,
community service and all other sentences and legal consequences imposed by the
court. Nothing in this paragraph requires the judgment document to specify any
consequences that may result from the determination but are not established or
imposed by the court.
(h)
Include the identities of the attorney for the state and the attorney, if any,
for the defendant.
(3)
A judgment document in a criminal action that includes a money award, as
defined in ORS 18.005, must comply with ORS 18.048.
(4)
The requirements of this section do not apply to a judgment document if the
action was commenced by the issuance of a uniform citation adopted under ORS
1.525 and the court has used the space on the citation for the entry of a
judgment. The exemption provided by this subsection does not apply if any
indictment, information or complaint other than a uniform citation is filed in
the action. [1989 c.472 §2; 1995 c.117 §1; 1997 c.526 §3; 2001 c.962 §88; 2003
c.300 §§1,2; 2003 c.576 §162]
137.072 [1967
c.585 §2; repealed by 1973 c.836 §358]
137.073 [1989
c.472 §3; repealed by 2003 c.576 §580]
137.074 Fingerprints of convicted felons
and certain misdemeanants required. When a person
is convicted of a felony, a Class A misdemeanor or a sex crime, as defined in
ORS 181.594, 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 another law enforcement agency to obtain the
fingerprints on its behalf. [1989 c.790 §19; 1997 c.538 §14]
Note:
137.074 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
137.075 [1967
c.585 §3; 1971 c.743 §323; repealed by 1973 c.836 §358]
137.076 Blood or buccal sample and
thumbprint of certain convicted defendants required; application.
(1) This section applies to any person convicted of:
(a)
A felony;
(b)
Sexual abuse in the third degree or public indecency;
(c)
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
(d)
Murder or aggravated murder.
(2)
When a person is convicted of an offense listed in subsection (1) of this
section:
(a)
The person shall, whether or not ordered to do so by the court under paragraph
(b) of this subsection, provide a blood or buccal sample at the request of the
appropriate agency designated in paragraph (c) of this subsection.
(b)
The court shall include in the judgment of conviction an order stating that a
blood or buccal sample is required to be obtained at the request of the
appropriate agency and, unless the convicted person lacks the ability to pay,
that the person shall reimburse the appropriate agency for the cost of
obtaining and transmitting the blood or buccal sample. If the judgment sentences
the convicted person to probation, the court shall order the convicted person
to submit to the obtaining of a blood or buccal sample as a condition of the
probation.
(c)
The appropriate agency shall cause a blood or buccal sample to be obtained and transmitted
to the Department of State Police. The agency shall cause the sample to be
obtained as soon as practicable after conviction. The agency shall obtain the
convicted person’s thumbprint at the same time the agency obtains the blood or
buccal sample. The agency shall include the thumbprint with the identifying
information that accompanies the sample. Whenever an agency is notified by the
Department of State Police that a sample is not adequate for analysis, the
agency shall obtain and transmit a blood sample. The appropriate agency shall
be:
(A)
The Department of Corrections, whenever the convicted person is committed to
the legal and physical custody of the department.
(B)
In all other cases, the law enforcement agency attending upon the court.
(3)(a)
A blood sample may only be drawn in a medically acceptable manner by a licensed
professional nurse, a licensed practical nurse, a qualified medical technician,
a licensed physician or a person acting under the direction or control of a
licensed physician.
(b)
A buccal sample may be obtained by anyone authorized to do so by the
appropriate agency. The person obtaining the buccal sample shall follow the
collection procedures established by the Department of State Police.
(c)
A person authorized by this subsection to obtain a blood or buccal sample shall
not be held civilly liable for obtaining a sample in accordance with this
subsection and subsection (2) of this section, ORS 161.325 and 419C.473. The
sample shall also be obtained and transmitted in accordance with any procedures
that may be established by the Department of State Police. However, no test
result or opinion based upon a test result shall be rendered inadmissible as
evidence solely because of deviations from procedures adopted by the Department
of State Police that do not affect the reliability of the opinion or test
result.
(4)
No sample is required to be obtained if:
(a)
The Department of State Police notifies the court or the appropriate agency
that it has previously received an adequate blood or buccal sample obtained
from the convicted person in accordance with this section or ORS 161.325 or
419C.473; or
(b)
The court determines that obtaining a sample would create a substantial and
unreasonable risk to the health of the convicted person.
(5)
The provisions of subsections (1) to (4) of this section apply to any person
who, on or after September 29, 1991, is serving a term of incarceration as a
sentence or as a condition of probation imposed for conviction of an offense
listed in subsection (1) of this section, and any such person shall submit to
the obtaining of a blood or buccal sample. Before releasing any such person
from incarceration, the supervisory authority shall cause a blood or buccal
sample and the person’s thumbprint to be obtained and transmitted in accordance
with subsections (1) to (4) of this section. [1991 c.669 §§2,5; 1993 c.14 §3;
1993 c.33 §298; 1993 c.301 §3; 1999 c.97 §1; 2001 c.852 §1]
Note:
137.076 (5) was enacted into law by the Legislative Assembly but was not added
to or made a part of ORS chapter 137 by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
(Presentence Report)
137.077 Presentence report; general
principles of disclosure. The presentence report is not a
public record and shall be available only to:
(1)
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 necessary to address the
content of the report, examine the reasoning for a sentencing recommendation or
to explain the reasons for the sentence imposed. Appellate judges may disclose
information from the presentence report that is necessary for legal analysis of
the case or to report the reasoning of the appellate court.
(2)
The Department of Corrections, State Board of Parole and Post-Prison
Supervision and other persons or agencies having a legitimate professional
interest in the information likely to be contained therein. These agencies or
persons may make the presentence report, or any reports based on the contents
of that report, available to the victim.
(3)
Appellate or review courts where relevant to an issue on which an appeal is
taken or post-conviction relief sought.
(4)
The district attorney, the defendant or the counsel of the defendant, as
provided in ORS 137.079. The district attorney and counsel of the defendant may
retain a copy of the presentence report as a part of the permanent records of
the case. The district attorney and counsel of the defendant may disclose the
contents of the presentence report to individuals or agencies when preparing
for the sentencing of the defendant. “Individuals and agencies” include
victims, psychologists, psychiatrists, medical doctors and any other person or
agency who may assist the state or the defendant at the time of sentencing. [1973
c.836 §260; 1987 c.320 §28; 1989 c.408 §1]
137.079 Presentence report; other writings
considered in imposing sentence; disclosure to parties; court’s authority to
except parts from disclosure. (1) 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 outside the presence of
counsel, shall either be summarized by the court in a memorandum available for
inspection or summarized by the court on the record before sentence is imposed.
(2)
The court may except from disclosure parts of the presentence report or other
written information described in subsection (1) of this section which are not
relevant to a proper sentence, diagnostic opinions which might seriously
disrupt a program of rehabilitation if known by the defendant, or sources of
information which were obtainable with an expectation of confidentiality.
(3)
If parts of the presentence report or other written information described in
subsection (1) of this section are not disclosed under subsection (2) of this
section, the court shall inform the parties that information has not been
disclosed and shall state for the record the reasons for the court’s action.
The action of the court in excepting information shall be reviewable on appeal.
(4)
A defendant who is being sentenced for felonies committed prior to November 1,
1989, may file a written motion to correct the criminal history contained in
the presentence report prior to the date of sentencing. At sentencing, the
court shall consider defendant’s motion to correct the presentence report and
shall correct any factual errors in the criminal history contained in that
report. An order allowing or denying a motion made pursuant to this subsection
shall not be reviewable on appeal. If corrections are made by the court, only
corrected copies of the report shall be provided to individuals or agencies
pursuant to ORS 137.077.
(5)(a)
The provisions of this subsection apply only to a defendant being sentenced for
a felony committed on or after November 1, 1989.
(b)
Except as otherwise provided in paragraph (c) of this subsection, the defendant’s
criminal history as set forth in the presentence report shall satisfy the state’s
burden of proof as to the defendant’s criminal history.
(c)
Prior to the date of sentencing, the defendant shall notify the district
attorney and the court in writing of any error in the criminal history as set
forth in the presentence report. Except to the extent that any disputed portion
is later changed by agreement of the district attorney and defendant with the
approval of the court, the state shall have the burden of proving by a
preponderance of evidence any disputed part of the defendant’s criminal
history. The court shall allow the state reasonable time to produce evidence to
meet its burden.
(d)
The court shall correct any error in the criminal history as reflected in the
presentence report.
(e)
If corrections to the presentence report are made by the court, only corrected
copies of the report shall be provided to individuals or agencies pursuant to
ORS 137.077.
(f)
Except as provided in ORS 138.222, the court’s decision on issues relating to a
defendant’s criminal history shall not be reviewable on appeal. [1973 c.836 §261;
1977 c.372 §11; 1983 c.649 §1; 1989 c.408 §2; 1989 c.790 §8]
(Aggravation or Mitigation)
137.080 Consideration of circumstances in
aggravation or mitigation of punishment. (1) 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 mitigation of the punishment, may, in its
discretion, hear the same summarily at a specified time and upon such notice to
the adverse party as it may direct.
(2)
Notwithstanding any other provision of law, the consideration of aggravating
and mitigating circumstances as to felonies committed on or after November 1,
1989, including the maximum sentence that may be imposed because of aggravating
circumstances, shall be in accordance with rules of the Oregon Criminal Justice
Commission. [Amended by 1989 c.790 §9]
137.085 Age and physical disability of
victim as factors in sentencing. 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 the court shall consider it as
such in imposing the sentence within the limits otherwise provided by law. [1985
c.767 §1]
Note:
137.085 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
137.090 Considerations in determining aggravation
or mitigation. (1) In determining aggravation or
mitigation, the court shall consider:
(a)
Any evidence received during the proceeding;
(b)
The presentence report, where one is available; and
(c)
Any other evidence relevant to aggravation or mitigation that the court finds
trustworthy and reliable.
(2)
When a witness is so sick or infirm as to be unable to attend, the deposition
of the witness may be taken out of court at such time and place, and upon such
notice to the adverse party, and before such person authorized to take
depositions, as the court directs. [Amended by 1965 c.400 §1; 1973 c.836 §259;
1989 c.790 §10]
137.100 Defendant as witness in relation
to circumstances. 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)
137.101 Compensatory fine.
(1) 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 portion of the fine
separately to the clerk of the court as compensatory fines in the case. The
clerk shall pay over to the injured victim or victims, as directed in the court’s
order, moneys paid to the court as compensatory fines under this subsection.
This section shall be liberally construed in favor of victims.
(2)
Compensatory fines may be awarded in addition to restitution awarded under ORS
137.103 to 137.109.
(3)
Nothing in this section limits or impairs the right of a person injured by a
defendant’s criminal acts to sue and recover damages from the defendant in a
civil action. Evidence that the defendant has paid or been ordered to pay
compensatory fines under this section may not be introduced in any civil action
arising out of the facts or events which were the basis for the compensatory
fine. However, the court in such civil action shall credit any compensatory
fine paid by the defendant to a victim against any judgment for punitive
damages in favor of the victim in the civil action. [1981 c.637 §2; 1987 c.2 §11]
(Restitution)
137.103 Definitions for ORS 137.101 to
137.109. As used in ORS 137.101 to 137.109,
161.675 and 161.685:
(1)
“Criminal activities” means any offense with respect to which the defendant is
convicted or any other criminal conduct admitted by the defendant.
(2)
“Economic damages”:
(a)
Has the meaning given that term in ORS 31.710, except that “economic damages”
does not include future impairment of earning capacity; and
(b)
In cases involving criminal activities described in ORS 163.263, 163.264 or
163.266, includes the greater of:
(A)
The value to the defendant of the victim’s services as defined in ORS 163.261;
or
(B)
The value of the victim’s services, as defined in ORS 163.261, computed using
the minimum wage established under ORS 653.025 and the overtime provisions of
the federal Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(3)
“Restitution” means full, partial or nominal payment of economic damages to a
victim. Restitution is independent of and may be awarded in addition to a
compensatory fine awarded under ORS 137.101.
(4)
“Victim” means:
(a)
The person against whom the defendant committed the criminal offense, if the
court determines that the person has suffered economic damages as a result of
the offense.
(b)
Any person not described in paragraph (a) of this subsection whom the court
determines has suffered economic damages as a result of the defendant’s
criminal activities.
(c)
The Criminal Injuries Compensation Account, if it has expended moneys on behalf
of a victim described in paragraph (a) of this subsection.
(d)
An insurance carrier, if it has expended moneys on behalf of a victim described
in paragraph (a) of this subsection.
(5)
“Victim” does not include any coparticipant in the defendant’s criminal
activities. [1977 c.371 §1; 1981 c.637 §1; 1983 c.488 §1; 1983 c.740 §16; 1987
c.905 §16; 2005 c.564 §1; 2005 c.642 §4; 2007 c.811 §5]
137.106 Restitution to victims; objections
by defendant. (1) 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, prior to the time of sentencing, evidence of the nature and amount of
the damages. If the court finds from the evidence presented that a victim
suffered economic damages, in addition to any other sanction it may impose, the
court shall include one of the following in the judgment:
(a)
A requirement that the defendant pay the victim restitution in a specific
amount that equals the full amount of the victim’s economic damages as
determined by the court.
(b)
A requirement that the defendant pay the victim restitution, and that the
specific amount of restitution will be established by a supplemental judgment
based upon a determination made by the court within 90 days of entry of the
judgment. In the supplemental judgment, the court shall establish a specific
amount of restitution that equals the full amount of the victim’s economic
damages as determined by the court. The court may extend the time within which
the determination and supplemental judgment may be completed for good cause.
The lien, priority of the lien and ability to enforce the specific amount of
restitution established under this paragraph by a supplemental judgment relates
back to the date of the original judgment that is supplemented.
(c)(A)
A requirement that the defendant pay the victim restitution in a specific
amount that is less than the full amount of the victim’s economic damages, with
the consent of the victim.
(B)
If the defendant is convicted of a person felony, as that term is defined in
the rules of the Oregon Criminal Justice Commission, a requirement that the
defendant pay the victim restitution in a specific amount that is less than the
full amount of the victim’s economic damages, only with the written consent of
the victim.
(2)
After the district attorney makes a presentation described in subsection (1) of
this section, if the court is unable to find from the evidence presented that a
victim suffered economic damages, the court shall make a finding on the record
to that effect.
(3)
No finding made by the court or failure of the court to make a finding under
this section limits or impairs the rights of a person injured to sue and
recover damages in a civil action as provided in ORS 137.109.
(4)(a)
If a judgment or supplemental judgment described in subsection (1) of this
section includes restitution, a court may delay the enforcement of the monetary
sanctions, including restitution, only if the defendant alleges and establishes
to the satisfaction of the court the defendant’s inability to pay the judgment
in full at the time the judgment is entered. If the court finds that the
defendant is unable to pay, the court may establish or allow an appropriate
supervising authority to establish a payment schedule, taking into
consideration the financial resources of the defendant and the burden that
payment of restitution will impose, with due regard to the other obligations of
the defendant. The supervising authority shall be authorized to modify any
payment schedule established under this section.
(b)
As used in this subsection, “supervising authority” means any state or local
agency that is authorized to supervise the defendant.
(5)
If the defendant objects to the imposition, amount or distribution of the
restitution, the court shall allow the defendant to be heard on such issue at
the time of sentencing or at the time the court determines the amount of
restitution. [1977 c.371 §2; 1983 c.724 §1; 1993 c.533 §1; 1997 c.313 §23; 1999
c.1051 §124; 2003 c.670 §1; 2005 c.564 §2; 2007 c.425 §1; 2007 c.482 §1]
137.107 Authority of court to amend part
of judgment relating to restitution. 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 in effect before January 1, 2004. [1997
c.526 §2; 2003 c.576 §163]
Note: 137.107
was enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 137 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
137.109 Effect of restitution order on
other remedies of victim; credit of restitution against subsequent civil
judgment; effect of criminal judgment on subsequent civil action.
(1) 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, or by a defendant’s commission of a violation described
in ORS 153.008, to sue and recover damages from the defendant in a civil
action. Evidence that the defendant has paid or been ordered to pay restitution
pursuant to ORS 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and
161.685 may not be introduced in any civil action arising out of the facts or
events that were the basis for the restitution. However, the court shall credit
any restitution paid by the defendant to a victim against any judgment in favor
of the victim in such civil action.
(2)
If conviction in a criminal trial necessarily decides the issue of a defendant’s
liability for economic damages of a victim, that issue is conclusively
determined as to the defendant if it is involved in a subsequent civil action. [1977
c.371 §7; 1993 c.533 §2; 1997 c.526 §4; 1999 c.1051 §125; 2005 c.564 §3]
137.110
[Repealed by 1973 c.836 §358]
137.111 [1955
c.636 §3; 1961 c.424 §1; repealed by 1971 c.743 §432]
137.112 [1953
c.641 §2; 1955 c.252 §1; 1955 c.636 §1; 1961 c.424 §2; repealed by 1971 c.743 §432]
137.113 [1953
c.641 §3; 1955 c.252 §2; 1961 c.424 §3; repealed by 1971 c.743 §432]
137.114 [1953
c.641 §4; repealed by 1971 c.743 §432]
137.115 [1953
c.641 §5; repealed by 1971 c.743 §432]
137.116 [1953
c.641 §6; 1955 c.252 §3; 1955 c.636 §2; repealed by 1961 c.424 §9]
137.117 [1955
c.636 §10; 1961 c.266 §1; 1961 c.424 §4; repealed by 1971 c.743 §432]
(Collection of Monetary Obligations)
137.118 Assignment of judgments for
collection of monetary obligation; costs of collection.
(1) 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.
(2)(a)
The state may assign a judgment to the Department of Revenue or a private
collection agency.
(b)
A justice court may assign a judgment to a private collection agency or, in a
criminal action, to the Department of Revenue for the purposes described in ORS
156.315.
(c)
A municipal court may assign a judgment to:
(A)
A private collection agency; or
(B)
The Department of Revenue for the purposes described in subsections (6) to (8)
of this section, if the judgment was entered in a criminal action and part of
the judgment is payable to the State of Oregon.
(d)
Nothing in this subsection limits the right of a municipal court or a justice
court to assign for collection judgments in matters other than criminal
actions.
(3)
A municipal or justice court may add to any judgment in a criminal action that
includes a monetary obligation a fee for the cost of collection if the court
gives the defendant a period of time to pay the obligation after the date of
imposition of the sentence or after the date of the hearing or proceeding that
results in the imposition of the financial obligation. The fee may not exceed
25 percent of the monetary obligation imposed by the court without the addition
of the cost of collection and may not be more than $250. The fee shall be
waived or suspended by the court if the defendant pays the monetary obligation
in the manner required by the court.
(4)
A state court shall add to any judgment in a criminal action that includes a
monetary obligation the fees required by ORS 1.202.
(5)
As used in subsections (1) to (5) of this section, “criminal action” has the
meaning given that term in ORS 131.005.
(6)
If part of a judgment in a criminal action, as described in subsections (1) to
(5) of this section, is payable to the State of Oregon, a municipal court may
assign the judgment to the Collections Unit in the Department of Revenue for
the following purposes:
(a)
To determine whether refunds or other sums are owed to the debtor by the
department; and
(b)
To deduct the amount of debt from any refunds or other sums owed to the debtor
by the department.
(7)
If the Collections Unit determines that refunds or other sums are owed to the
debtor, the department shall deduct the amount of the debt from any refunds or
other sums owed to the debtor by the department. After also deducting costs of
its actions under subsections (6) to (8) of this section, the department shall
remit the amount deducted from refunds or other sums owed to the debtor to the
municipal court that assigned the judgment.
(8)
A debtor whose account is assigned to the Department of Revenue for setoff
under subsections (6) to (8) of this section is entitled to the notice required
by ORS 293.250 (3)(d) and to the opportunity for payment in ORS 293.250 (3)(c).
[1993 c.531 §1; 1995 c.512 §2; 1997 c.801 §99; 1999 c.64 §1; 2001 c.823 §19;
2003 c.375 §1; subsections (6) to (8) of 2005 Edition enacted as 2005 c.501 §1;
2005 c.501 §2]
Note:
137.118 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
137.119 [1963
c.320 §1; 1969 c.502 §3; 1969 c.597 §124; repealed by 1971 c.743 §432]
(Term and Place of Confinement)
137.120 Term of sentence; reasons to be
stated on record. (1) 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 for the crime, which shall not exceed the maximum term
of imprisonment provided by law therefor; and judgment shall be given
accordingly. Such a sentence shall be known as an indeterminate sentence. The
court shall state on the record the reasons for the sentence imposed.
(2)
Whenever any person is convicted of a felony committed on or after November 1,
1989, the court shall impose sentence in accordance with rules of the Oregon
Criminal Justice Commission.
(3)
This section does not affect the indictment, prosecution, trial, verdict,
judgment or punishment of any felony committed before June 14, 1939, and all
laws now and before that date in effect relating to such a felony are continued
in full force and effect as to such a felony. [Amended by 1967 c.372 §2; 1971
c.743 §324; 1977 c.372 §12; 1987 c.320 §29; 1989 c.790 §11]
137.121 Maximum consecutive sentences.
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. [1989
c.790 §14]
Note:
137.121 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
137.122 [1985
c.722 §2; repealed by 1991 c.67 §28]
137.123 Provisions relating to concurrent and
consecutive sentences. (1) 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 expressly provides for consecutive sentences.
(2)
If a defendant is simultaneously sentenced for criminal offenses that do not
arise from the same continuous and uninterrupted course of conduct, or if the
defendant previously was sentenced by any other court within the United States
to a sentence which the defendant has not yet completed, the court may impose a
sentence concurrent with or consecutive to the other sentence or sentences.
(3)
When a defendant is sentenced for a crime committed while the defendant was
incarcerated after sentencing for the commission of a previous crime, the court
shall provide that the sentence for the new crime be consecutive to the
sentence for the previous crime.
(4)
When a defendant has been found guilty of more than one criminal offense
arising out of a continuous and uninterrupted course of conduct, the sentences
imposed for each resulting conviction shall be concurrent unless the court
complies with the procedures set forth in subsection (5) of this section.
(5)
The court has discretion to impose consecutive terms of imprisonment for
separate convictions arising out of a continuous and uninterrupted course of
conduct only if the court finds:
(a)
That the criminal offense for which a consecutive sentence is contemplated was
not merely an incidental violation of a separate statutory provision in the
course of the commission of a more serious crime but rather was an indication
of defendant’s willingness to commit more than one criminal offense; or
(b)
The criminal offense for which a consecutive sentence is contemplated caused or
created a risk of causing greater or qualitatively different loss, injury or
harm to the victim or caused or created a risk of causing loss, injury or harm
to a different victim than was caused or threatened by the other offense or
offenses committed during a continuous and uninterrupted course of conduct. [1987
c.2 §12; 1991 c.67 §29; 1991 c.111 §14; 1995 c.657 §2; 2003 c.14 §58]
137.124 Commitment of defendant to
Department of Corrections or county; place of confinement; transfer of inmates;
juveniles. (1) If the court imposes a sentence
upon conviction of a felony that includes a term of incarceration that exceeds
12 months:
(a)
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
(b)
If the judgment provides that the term of incarceration be served consecutively
to a term of incarceration of 12 months or less that was imposed in a previous
proceeding by a court of this state upon conviction of a felony, the defendant
shall serve any remaining part of the previously imposed term of incarceration
in the legal and physical custody of the Department of Corrections.
(2)(a)
If the court imposes a sentence upon conviction of a felony that includes a
term of incarceration that is 12 months or less, the court shall commit the
defendant to the legal and physical custody of the supervisory authority of the
county in which the crime of conviction occurred.
(b)
Notwithstanding paragraph (a) of this subsection, when the court imposes a
sentence upon conviction of a felony that includes a term of incarceration that
is 12 months or less, the court shall commit the defendant to the legal and
physical custody of the Department of Corrections if the court orders that the
term of incarceration be served consecutively to a term of incarceration that
exceeds 12 months that was imposed in a previous proceeding or in the same
proceeding by a court of this state upon conviction of a felony.
(3)
After assuming custody of the convicted person the Department of Corrections
may transfer inmates from one correctional facility to another such facility
for the purposes of diagnosis and study, rehabilitation and treatment, as best
seems to fit the needs of the inmate and for the protection and welfare of the
community and the inmate.
(4)
If the court imposes a sentence of imprisonment upon conviction of a
misdemeanor, it shall commit the defendant to the custody of the supervisory
authority of the county in which the crime of conviction occurred.
(5)(a)
When a person under 18 years of age at the time of committing the offense and
under 20 years of age at the time of sentencing is committed to the Department
of Corrections under ORS 137.707, the Department of Corrections shall transfer
the physical custody of the person to the Oregon Youth Authority as provided in
ORS 420.011 if:
(A)
The person will complete the sentence imposed before the person attains 25
years of age; or
(B)
The Department of Corrections and the Oregon Youth Authority determine that,
because of the person’s age, immaturity, mental or emotional condition or risk
of physical harm to the person, the person should not be incarcerated initially
in a Department of Corrections institution.
(b)
A person placed in the custody of the Oregon Youth Authority under this
subsection shall be returned to the physical custody of the Department of
Corrections whenever the Director of the Oregon Youth Authority, after
consultation with the Department of Corrections, determines that the conditions
or circumstances that warranted the transfer of custody under this subsection
are no longer present.
(6)(a)
When a person under 18 years of age at the time of committing the offense and
under 20 years of age at the time of sentencing is committed to the legal and
physical custody of the Department of Corrections or the supervisory authority
of a county following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370
or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712, the Department
of Corrections or the supervisory authority of a county shall transfer the
person to the physical custody of the Oregon Youth Authority for placement as
provided in ORS 420.011 (3). The terms and conditions of the person’s
incarceration and custody are governed by ORS 420A.200 to 420A.206.
(b)
When a person under 16 years of age is waived under ORS 419C.349, 419C.352,
419C.364 or 419C.370 and subsequently is sentenced to a term of imprisonment in
the county jail, the sheriff shall transfer the person to a youth correction
facility for physical custody as provided in ORS 420.011 (3).
(7)
If the Director of the Oregon Youth Authority concurs in the decision, the
Department of Corrections or the supervisory authority of a county shall
transfer the physical custody of a person committed to the Department of
Corrections or the supervisory authority of the county under subsection (1) or
(2) of this section to the Oregon Youth Authority as provided in ORS 420.011
(2) if:
(a)
The person was at least 18 years of age but under 20 years of age at the time
of committing the felony for which the person is being sentenced to a term of
incarceration;
(b)
The person is under 20 years of age at the time of commitment to the Department
of Corrections or the supervisory authority of the county;
(c)
The person has not been committed previously to the legal and physical custody
of the Department of Corrections or the supervisory authority of a county;
(d)
The person has not been convicted and sentenced to a term of incarceration for
the commission of a felony in any other state;
(e)
The person will complete the term of incarceration imposed before the person
attains 25 years of age;
(f)
The person is likely in the foreseeable future to benefit from the rehabilitative
and treatment programs administered by the Oregon Youth Authority;
(g)
The person does not pose a substantial danger to Oregon Youth Authority staff
or persons in the custody of the Oregon Youth Authority; and
(h)
At the time of the proposed transfer, no more than 50 persons are in the
physical custody of the Oregon Youth Authority under this subsection.
(8)
Notwithstanding the provisions of subsections (5)(a)(A) or (7) of this section,
the department or the supervisory authority of a county may not transfer the
physical custody of the person under subsection (5)(a)(A) or (7) of this
section if the Director of the Oregon Youth Authority, after consultation with
the Department of Corrections or the supervisory authority of a county,
determines that, because of the person’s age, mental or emotional condition or
risk of physical harm to other persons, the person should not be incarcerated
in a youth correction facility. [1967 c.585 §4; 1971 c.743 §325; 1973 c.836 §262;
1985 c.631 §5; 1987 c.320 §30; 1993 c.33 §299; 1993 c.546 §118; 1995 c.422 §§57,57a;
1995 c.423 §12a; 1999 c.109 §5]
137.125 [1955
c.660 §3; repealed by 1967 c.585 §8]
(Community Service)
137.126 Definitions for ORS 137.126 to
137.131. As used in ORS 137.126 to 137.131:
(1)
“Community service” means uncompensated labor for an agency whose purpose is to
enhance physical or mental stability, environmental quality or the social
welfare.
(2)
“Agency” means a nonprofit organization or public body agreeing to accept
community service from offenders and to report on the progress of ordered
community service to the court or its delegate. [1981 c.551 §2]
137.127 [1955
c.660 §5; repealed by 1967 c.585 §8]
137.128 Community service as part of
sentence; effect of failure to perform community service.
(1) 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 capabilities and
are to be performed within a reasonable length of time during hours the
offender is not working or attending school.
(2)
Failure to perform a community service sentence may be grounds for revocation
of probation or contempt of court. [1981 c.551 §§3,5]
137.129 Length of community service
sentence. The length of a community service
sentence shall be within these limits:
(1)
For a violation, not more than 48 hours.
(2)
For a misdemeanor other than driving under the influence of intoxicants in
violation of ORS 813.010, not more than 160 hours.
(3)(a)
For a felony committed prior to November 1, 1993, not more than 500 hours.
(b)
For a felony committed on or after November 1, 1993, as provided in the rules
of the Oregon Criminal Justice Commission.
(4)
For a violation of driving under the influence of intoxicants under ORS
813.010, not less than 80 hours or more than 250 hours. [1981 c.551 §4; 1983
c.721 §1; 1985 c.16 §447; 1993 c.692 §3; 1999 c.1051 §68a]
137.130
[Repealed by 1987 c.550 §5]
137.131 Community service as condition of
probation for offense involving graffiti. (1)
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.
(2)
The community service must include removing graffiti, either those that the
defendant created or those created by another, or both. [1995 c.615 §5; 2009
c.15 §1]
(Forfeiture of Weapons)
137.138 Forfeiture of weapons and
revocation of hunting license for certain convictions.
(1) 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 connection with the act
underlying the conviction.
(2)
In addition to and not in lieu of any other sentence it may impose, a court
shall revoke any hunting license possessed by a defendant convicted as
described in subsection (1) of this section.
(3)
The State Fish and Wildlife Director shall refuse to issue a hunting license to
a defendant convicted as described under subsection (1) of this section for a
period of two years following the conviction.
(4)
As used in this section, “livestock animal” has the meaning given in ORS
164.055. [1999 c.766 §1; 2001 c.666 §§27,39; 2005 c.830 §21]
Note:
137.138 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Post-Judgment Procedures)
137.140 Imprisonment when county jail is
not suitable for safe confinement. 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 the state. [Amended by 1973 c.836 §263; 1987
c.550 §3]
137.150
[Amended by 1959 c.530 §1; 1969 c.511 §2; repealed by 1971 c.743 §432]
137.160
[Repealed by 1961 c.520 §1]
137.170 Entry of judgment in criminal
action. 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. [Amended by
1959 c.638 §19; 1973 c.836 §264; 1985 c.540 §36; 1997 c.801 §65b]
137.175 Judgment in criminal action that
effects release of defendant; delivery to sheriff.
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. [1987 c.251 §3;
1991 c.111 §15; 1997 c.801 §65c]
137.180
[Amended by 1987 c.709 §2; 1989 c.472 §5; 1995 c.658 §77; 1997 c.801 §62; 1999
c.1051 §126; repealed by 2003 c.576 §580]
137.183 Interest on judgments; waiver;
payments. (1)(a) 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 bear interest after the expiration of the 20-year period.
(b)
When a person is sentenced to a term of imprisonment, interest on a judgment in
a criminal action does not begin to accrue until the first day of the second
full calendar month after the person’s initial release from custody following
the sentencing in which the monetary obligation was imposed. If the judgment
includes a money award for restitution, the judgment accrues interest for a
period of 20 years after the first day of the second full calendar month after
the person’s initial release from custody following the sentencing in which the
monetary obligation was imposed.
(2)
The State Court Administrator may waive interest, or cause waiver of interest,
on any criminal judgment or category of criminal judgments for the purpose of
administering the collection of judgments of the Supreme Court, the Court of
Appeals, the Oregon Tax Court and circuit courts. A judge of the Supreme Court,
the Court of Appeals, the Oregon Tax Court or a circuit court may waive
interest in any criminal action or proceeding for good cause shown.
(3)
A municipal judge may waive interest on any criminal judgment, or category of
criminal judgments, entered in the municipal court in which the judge presides.
A justice of the peace may waive interest on any criminal judgment, or category
of criminal judgments, entered in the justice court in which the justice of the
peace presides.
(4)
A waiver under subsection (2) or (3) of this section may be for all or part of
the interest payable on a criminal judgment and may be for a specified period
of time.
(5)
All payments collected under a criminal judgment must first be applied against
the principal amount of a money award. Payments may be applied against interest
on the money award only after the principal amount of the money award is paid.
This subsection applies only to judgments of the Supreme Court, the Court of
Appeals, the Oregon Tax Court and circuit courts.
(6)
Moneys collected as interest under a criminal judgment may be applied against
costs of collection. Except as provided in subsection (7) of this section:
(a)
Any amounts of moneys collected as interest on judgments of the Supreme Court,
Court of Appeals, Oregon Tax Court or circuit courts that remain after payment
of collection costs shall be deposited in the Criminal Injuries Compensation
Account to be used for the purposes specified in ORS 147.225.
(b)
Any amounts of moneys collected as interest on judgments of the municipal or
justice courts that remain after payment of collection costs shall be deposited
in the general fund of the city or county in which the court operates and be
available for general governmental purposes.
(7)
After any payment of costs of collection, any interest collected on an award
for restitution on and after January 1, 2012, must be paid to the person in
whose favor the award of restitution was made.
(8)
As used in this section, “criminal judgment” means a judgment entered in a
criminal action as defined in ORS 131.005. [1999 c.1064 §2; 2005 c.618 §7; 2007
c.626 §1]
Note:
137.183 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
137.190
[Repealed by 1959 c.558 §32 (137.220 enacted in lieu of 137.190)]
137.200
[Repealed by 1971 c.743 §432]
137.205 [1963
c.600 §12; 1967 c.372 §3; repealed by 1971 c.743 §432]
137.210 Taxation of costs against
complainant. (1) 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.
(2)
Upon making the entry prescribed in subsection (1) of this section, the justice
or court shall immediately render judgment against the complainant for the
costs and disbursements of the action or proceeding.
(3)
As used in this section “complainant” means every person who voluntarily
appears before any magistrate or grand jury to prosecute any person in a
criminal action, either for a misdemeanor or felony. [Amended by 1959 c.426 §3]
137.220 Clerk to prepare trial court file.
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 appeal and undertaking on
appeal, if any. [1959 c.558 §33 (enacted in lieu of 137.190)]
137.225 Order setting aside conviction or
record of arrest; fees; prerequisites; limitations.
(1)(a) At any time after the lapse of three years from the date of
pronouncement of judgment, any defendant who has fully complied with and
performed the sentence of the court and whose conviction is described in
subsection (5) of this section by motion may apply to the court where the
conviction was entered for entry of an order setting aside the conviction; or
(b)
At any time after the lapse of one year from the date of any arrest, if no
accusatory instrument was filed, or at any time after an acquittal or a
dismissal of the charge, the arrested person may apply to the court that would
have jurisdiction over the crime for which the person was arrested, for entry
of an order setting aside the record of the arrest. For the purpose of
computing the one-year period, time during which the arrested person has
secreted himself or herself within or without this state is not included.
(2)(a)
A copy of the motion and a full set of the defendant’s fingerprints shall be
served upon the office of the prosecuting attorney who prosecuted the crime or
violation, or who had authority to prosecute the charge if there was no
accusatory instrument filed, and opportunity shall be given to contest the
motion. The fingerprint card with the notation “motion for setting aside
conviction,” or “motion for setting aside arrest record” as the case may be,
shall be forwarded to the Department of State Police. Information resulting
from the fingerprint search along with the fingerprint card shall be returned
to the prosecuting attorney.
(b)
When a prosecuting attorney is served with a copy of a motion to set aside a
conviction under this section, the prosecuting attorney shall provide a copy of
the motion and notice of the hearing date to the victim, if any, of the crime
by mailing a copy of the motion and notice to the victim’s last-known address.
(c)
When a person makes a motion under subsection (1)(a) of this section, the
person must pay a fee of $80 to the Department of State Police. The person
shall attach a certified check payable to the Department of State Police in the
amount of $80 to the fingerprint card that is served upon the prosecuting
attorney. The office of the prosecuting attorney shall forward the check with
the fingerprint card to the Department of State Police.
(d)
In addition to the fee established under paragraph (c) of this subsection, when
a person makes a motion under subsection (1)(a) of this section the person must
pay the filing fee established under ORS 21.135.
(3)
Upon hearing the motion, the court may require the filing of such affidavits
and may require the taking of such proofs as the court deems proper. The court
shall allow the victim to make a statement at the hearing. Except as otherwise
provided in subsection (13) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of conviction, or
from the date of arrest as the case may be, to the date of the hearing on the
motion warrant setting aside the conviction, or the arrest record as the case
may be, the court shall enter an appropriate order that shall state the
original arrest charge and the conviction charge, if any and if different from
the original, date of charge, submitting agency and disposition. The order
shall further state that positive identification has been established by the
Department of State Police and further identified as to Department of State
Police number or submitting agency number. Upon the entry of the order, the
applicant for purposes of the law shall be deemed not to have been previously
convicted, or arrested as the case may be, and the court shall issue an order
sealing the record of conviction and other official records in the case,
including the records of arrest whether or not the arrest resulted in a further
criminal proceeding.
(4)
The clerk of the court shall forward a certified copy of the order to such
agencies as directed by the court. A certified copy must be sent to the
Department of Corrections when the person has been in the custody of the
Department of Corrections. Upon entry of the order, the conviction, arrest or
other proceeding shall be deemed not to have occurred, and the applicant may
answer accordingly any questions relating to its occurrence.
(5)
The provisions of subsection (1)(a) of this section apply to a conviction of:
(a)
A Class B felony, except for a violation of ORS 166.429 or any crime classified
as a person felony as that term is defined in the rules of the Oregon Criminal
Justice Commission.
(b)
A Class C felony, except for criminal mistreatment in the first degree under
ORS 163.205 when it would constitute child abuse as defined in ORS 419B.005 or
any sex crime.
(c)
The crime of possession of the narcotic drug marijuana when that crime was
punishable as a felony only.
(d)
A crime punishable as either a felony or a misdemeanor, in the discretion of
the court, except for:
(A)
Any sex crime; or
(B)
The following crimes when they would constitute child abuse as defined in ORS
419B.005:
(i)
Criminal mistreatment in the first degree under ORS 163.205; and
(ii)
Endangering the welfare of a minor under ORS 163.575 (1)(a).
(e)
A misdemeanor, including a violation of a municipal ordinance, for which a jail
sentence may be imposed, except for endangering the welfare of a minor under
ORS 163.575 (1)(a) when it would constitute child abuse as defined in ORS
419B.005 or any sex crime.
(f)
A violation, whether under state law or local ordinance.
(g)
An offense committed before January 1, 1972, that if committed after that date
would be:
(A)
A Class C felony, except for any sex crime or for the following crimes when
they would constitute child abuse as defined in ORS 419B.005:
(i)
Criminal mistreatment in the first degree under ORS 163.205; and
(ii)
Endangering the welfare of a minor under ORS 163.575 (1)(a).
(B)
A crime punishable as either a felony or a misdemeanor, in the discretion of
the court, except for any sex crime or for the following crimes when they would
constitute child abuse as defined in ORS 419B.005:
(i)
Criminal mistreatment in the first degree under ORS 163.205; and
(ii)
Endangering the welfare of a minor under ORS 163.575 (1)(a).
(C)
A misdemeanor, except for endangering the welfare of a minor under ORS 163.575
(1)(a) when it would constitute child abuse as defined in ORS 419B.005 or any
sex crime.
(D)
A violation.
(6)
Notwithstanding subsection (5) of this section, the provisions of subsection
(1) of this section do not apply to:
(a)
A conviction for a state or municipal traffic offense.
(b)
A person convicted, within the 10-year period immediately preceding the filing
of the motion pursuant to subsection (1) of this section, of any other offense,
excluding motor vehicle violations, whether or not the other conviction is for
conduct associated with the same criminal episode that caused the arrest or
conviction that is sought to be set aside. Notwithstanding subsection (1) of
this section, a conviction that has been set aside under this section shall be
considered for the purpose of determining whether this paragraph is applicable.
(c)
A person who at the time the motion authorized by subsection (1) of this
section is pending before the court is under charge of commission of any crime.
(7)
Notwithstanding subsection (5) of this section, the provisions of subsection
(1)(a) of this section do not apply to criminally negligent homicide under ORS
163.145, when that offense was punishable as a Class C felony.
(8)
Notwithstanding subsection (5) of this section, the provisions of subsection
(1)(a) of this section apply to a conviction for a Class B felony described in
subsection (5)(a) of this section only if:
(a)
Twenty years or more have elapsed from the date of the conviction sought to be
set aside or of the release of the person from imprisonment for the conviction
sought to be set aside, whichever is later; and
(b)
The person has not been convicted of or arrested for any other offense,
excluding motor vehicle violations, after the date the person was convicted of
the offense sought to be set aside. Notwithstanding subsection (1) of this
section, a conviction or arrest that has been set aside under this section
shall be considered for the purpose of determining whether this paragraph is
applicable.
(9)
The provisions of subsection (1)(b) of this section do not apply to:
(a)
A person arrested within the three-year period immediately preceding the filing
of the motion for any offense, excluding motor vehicle violations, and
excluding arrests for conduct associated with the same criminal episode that
caused the arrest that is sought to be set aside. An arrest that has been set
aside under this section may not be considered for the purpose of determining
whether this paragraph is applicable.
(b)
An arrest for driving while under the influence of intoxicants if the charge is
dismissed as a result of the person’s successful completion of a diversion
agreement described in ORS 813.200.
(10)
The provisions of subsection (1) of this section apply to convictions and
arrests that occurred before, as well as those that occurred after, September
9, 1971. There is no time limit for making an application.
(11)
For purposes of any civil action in which truth is an element of a claim for
relief or affirmative defense, the provisions of subsection (3) of this section
providing that the conviction, arrest or other proceeding be deemed not to have
occurred do not apply and a party may apply to the court for an order requiring
disclosure of the official records in the case as may be necessary in the
interest of justice.
(12)
Upon motion of any prosecutor or defendant in a case involving records sealed
under this section, supported by affidavit showing good cause, the court with
jurisdiction may order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the investigation of the
movant. However, such an order has no other effect on the orders setting aside
the conviction or the arrest record.
(13)
Unless the court makes written findings by clear and convincing evidence that
granting the motion would not be in the best interests of justice, the court
shall grant the motion and enter an order as provided in subsection (3) of this
section if the defendant has been convicted of one of the following crimes and
is otherwise eligible for relief under this section:
(a)
Abandonment of a child, ORS 163.535.
(b)
Attempted assault in the second degree, ORS 163.175.
(c)
Assault in the third degree, ORS 163.165.
(d)
Coercion, ORS 163.275.
(e)
Criminal mistreatment in the first degree, ORS 163.205.
(f)
Attempted escape in the first degree, ORS 162.165.
(g)
Incest, ORS 163.525, if the victim was at least 18 years of age.
(h)
Intimidation in the first degree, ORS 166.165.
(i)
Attempted kidnapping in the second degree, ORS 163.225.
(j)
Attempted robbery in the second degree, ORS 164.405.
(k)
Robbery in the third degree, ORS 164.395.
(L)
Supplying contraband, ORS 162.185.
(m)
Unlawful use of a weapon, ORS 166.220.
(14)
As used in this section, “sex crime” has the meaning given that term in ORS
181.594. [1971 c.434 §2; 1973 c.680 §3; 1973 c.689 §1a; 1973 c.836 §265; 1975
c.548 §10; 1975 c.714 §2; 1977 c.286 §1; 1983 c.556 §1; 1983 c.740 §17; 1987
c.320 §31; 1987 c.408 §1; 1987 c.864 §6; 1989 c.774 §1; 1991 c.830 §6; 1993
c.546 §98; 1993 c.664 §2; 1995 c.429 §9; 1995 c.743 §1; 1999 c.79 §1; 2007 c.71
§35; 2009 c.360 §1; 2009 c.560 §1; 2011 c.196 §1; 2011 c.533 §1; 2011 c.547 §29;
2011 c.595 §87]
(Alcoholic or Drug-Dependent Person)
137.227 Evaluation after conviction to
determine if defendant is alcoholic or drug-dependent person; agencies to
perform evaluation. (1) 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.
(2)
The court shall designate agencies or organizations to perform the evaluations
required under subsection (1) of this section. The designated agencies or
organizations must meet the standards set by the Oregon Health Authority to
perform the evaluations for drug dependency and must be approved by the
authority. Wherever possible, a court shall designate agencies or organizations
to perform the evaluations that are separate from those that may be designated
to carry out a program of treatment for alcohol or drug dependency. [1991 c.630
§1; 2009 c.595 §94]
Note:
137.227 to 137.229 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 137 by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
137.228 Finding that defendant is
alcoholic or drug-dependent person; effect. (1)
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 conducted under ORS 137.227.
(2)
When the court finds that the defendant is an alcoholic or a drug-dependent
person, the court, when it sentences the defendant to a term of imprisonment,
shall direct the Department of Corrections to place the defendant in an
appropriate alcohol or drug treatment program, to the extent that resources are
available. The alcohol or drug treatment program shall meet the standards
promulgated by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630
§§2,3; 2005 c.271 §1; 2009 c.595 §95]
Note: See
note under 137.227.
137.229 Duty of Department of Corrections.
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. [1991 c.630 §4; 2011 c.673 §5]
Note: See
note under 137.227.
(Effects of Felony Conviction)
137.230 Definitions for ORS 137.260.
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. [1961 c.412 §1; 1987 c.158 §20]
137.240
[Formerly 421.110; 1973 c.56 §1; 1973 c.836 §266; 1974 c.36 §2; repealed by
1975 c.781 §10]
137.250
[Formerly 421.112; 1973 c.836 §267; repealed by 1975 c.781 §10]
137.260 Political rights restored to
persons convicted of felony before August 9, 1961, and subsequently discharged.
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. [1961 c.412 §4]
137.270 Effect of felony conviction on
property of defendant. 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 may be given against the defendant for any fine on account
thereof and for the costs and disbursements in the proceedings against the
defendant for such crime; provided, however, such lien shall not attach to such
property as against a purchaser or incumbrancer in good faith, for value, whose
interest in the property was acquired before the entry of the judgment against
the defendant. [Formerly 137.460; 2003 c.576 §191]
137.275 Effect of felony conviction on
civil and political rights of felon. 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 contracts, including contracts of
marriage, and to maintain and defend civil actions, suits or proceedings. [1975
c.781 §1]
137.280 [1975
c.781 §2; repealed by 1983 c.515 §1 (137.281 enacted in lieu of 137.280)]
137.281 Withdrawal of rights during term
of incarceration; restoration of rights. (1) 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:
(a)
The defendant is released from incarceration; or
(b)
The defendant’s conviction is set aside.
(2)
Subsection (1) of this section applies to any term of incarceration, whether
the term of incarceration was imposed as a result of conviction or as a
sanction or revocation resulting from the defendant’s violation of the terms
and conditions of probation, parole or post-prison supervision.
(3)
The rights and privileges of which a person may be deprived under this section
are:
(a)
Holding a public office or an office of a political party or becoming or
remaining a candidate for either office;
(b)
Holding a position of private trust;
(c)
Acting as a juror; or
(d)
Exercising the right to vote.
(4)
If the court under subsection (1) of this section temporarily stays execution
of sentence for any purpose other than probation, the defendant nonetheless is
sentenced for purposes of subsection (1) of this section.
(5)
A person convicted of any crime and serving a term of imprisonment in any
federal correctional institution in this state is deprived of the rights to
register to vote, update a registration or vote in any election in this state
from the date of sentencing until:
(a)
The person is discharged or paroled from imprisonment; or
(b)
The person’s conviction is set aside.
(6)
The county clerk or county official in charge of elections in any county may
cancel the registration of any person serving a term of imprisonment in any
federal correctional institution in this state.
(7)
Except as otherwise provided in ORS 10.030, the rights and privileges withdrawn
by this section are restored automatically upon release from incarceration, but
in the case of parole shall be automatically withdrawn upon a subsequent
imprisonment for violation of the terms of the parole. [1983 c.515 §2 (enacted
in lieu of 137.280); 1987 c.320 §32; 1993 c.14 §4; 1997 c.313 §10; 1999 c.499 §1;
2008 c.35 §6]
137.285 Retained rights of felon;
regulation of exercise. 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 the Department of Corrections. [1975 c.781 §3;
1979 c.284 §116; 1987 c.320 §33]
(Minimum Fine)
137.286 Minimum fines for misdemeanors and
felonies. (1) Unless a specific minimum fine is
provided by law, the minimum fine for a misdemeanor is $100.
(2)
Unless a specific minimum fine is provided by law, the minimum fine for a
felony is $200.
(3)
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 inconsistent with justice in the case. In making its determination
under this subsection, the court shall consider:
(a)
The financial resources of the defendant and the burden that payment of the
minimum fine will impose, with due regard to the other obligations of the
defendant; and
(b)
The extent to which that burden can be alleviated by allowing the defendant to
pay the monetary obligations imposed by the court on an installment basis or on
other conditions to be fixed by the court.
(4)
This section does not affect the manner in which a court imposes or reduces
monetary obligations other than fines. [2011 c.597 §10]
(Payment of Monetary Obligations)
137.288 All monetary obligations
constitute single obligation on part of convicted person.
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 137.289 to 137.297, based
on the different parts of the obligation, and shall credit and distribute all
moneys received in payment of the obligation in the manner provided by ORS
137.289 to 137.297. [Formerly 137.293]
Note:
137.288 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 137 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
137.289 Priorities for application of
payments on judgments in criminal actions. (1)
There are five levels of priority for application of payments on judgments of
conviction in criminal actions, with Level I obligations having the highest
priority and Level V having the lowest priority. All payments on a judgment of
conviction in a criminal action shall be applied first against the unpaid
obligations in the level with highest priority until those obligations have
been paid in full, and shall then be applied against the obligations in the
level with the next highest level of priority, until all obligations under the
judgment have been paid in full.
(2)
Except as provided in ORS 137.292, if there is more than one person or public
body to whom an obligation is payable under a level, the court shall divide
each payment based on each person’s or public body’s proportionate share of the
total amount of obligations in that level. [2011 c.597 §33]
137.290 [1987
c.905 §1; 1991 c.460 §14; 1993 c.33 §300; 1993 c.637 §1; 1993 c.770 §§1,3; 1995
c.555 §1; 1997 c.872 §27; 1999 c.1051 §127; 1999 c.1056 §1d; 1999 c.1095 §6; 2003
c.737 §112; 2003 c.819 §11; 2005 c.843 §21; 2007 c.899 §§1,2; repealed by 2011
c.597 §118]
137.291 Level I obligations.
Compensatory fines under ORS 137.101 are Level I obligations. [2011 c.597 §34]
137.292 Level II obligations.
(1) There are two types of Level II obligations:
(a)
Type 1 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.
(b)
Type 2 obligations 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 by justice and municipal courts under ORS
153.633, 153.645 and 153.650.
(2)
If a judgment contains both types of Level II obligations, the court shall
apply 50 percent of amounts creditable to Level II obligations to Type 1
obligations and 50 percent of the amounts to Type 2 obligations, until all
obligations in one of the two types have been paid in full. All subsequent amounts
creditable to Level II obligations shall be applied against the other type of
obligations until those obligations have been paid in full.
(3)
If there is more than one person for whose benefit a Type 1 money award has
been made, the clerk shall pay the moneys credited to Type 1 obligations in the
following order of priority:
(a)
If the judgment contains a money award payable to the person or persons against
whom the defendant committed the offense, the clerk shall first pay all moneys
credited to Type 1 obligations to those persons, and shall continue to do so
until all those obligations are paid in full. If there is more than one person
to whom an obligation is payable under this paragraph, the court shall divide
each payment under this paragraph based on each person’s proportionate share of
the total amount of obligations subject to payment under this paragraph.
(b)
If the judgment contains a money award payable to the Criminal Injuries
Compensation Account, the clerk shall thereafter transfer moneys credited to
Type 1 obligations to the account until the award is paid in full.
(c)
If the judgment contains a money award payable to any other victims, as defined
in ORS 137.103, the clerk shall thereafter pay the moneys credited to Type 1
obligations to those victims until those victims are paid in full. [2011 c.597 §35]
137.293 [1987
c.905 §2; 2011 c.597 §123; renumbered 137.288 in 2011]
137.294 Level III obligations.
Level III obligations are fines payable to a county or city. [2011 c.597 §36]
137.295 [1987
c.905 §3; 1991 c.460 §13; 1993 c.33 §301; 1995 c.782 §3; 1997 c.761 §10; 1999
c.1051 §128; 1999 c.1064 §1; 2001 c.823 §§22,23; 2003 c.687 §§2,3; 2005 c.564 §§4,5;
2007 c.626 §2; 2007 c.899 §§3,4; repealed by 2011 c.597 §118]
137.296 Level IV obligations.
Level IV obligations are amounts that the law expressly directs be paid to a
specific account or public body as defined in ORS 174.109. [2011 c.597 §37]
137.297 Level V obligations.
Level V obligations are amounts payable for reward reimbursement under ORS
131.897. [2011 c.597 §38]
Note:
Section 39, chapter 597, Oregon Laws 2011, provides:
Sec. 39.
Sections 33 to 38 of this 2011 Act [137.289 to 137.297] and the repeal of ORS
137.295 by section 118 of this 2011 Act apply to all payments on judgments of
conviction of an offense, without regard to whether the offense was committed
before, on or after January 1, 2012. [2011 c.597 §39]
137.300 Criminal Fine Account; rules.
(1) 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 Revenue as
provided in this section. The Department of Revenue shall keep a record of
moneys transferred into and out of the account.
(2)
The Legislative Assembly shall first allocate moneys from the Criminal Fine
Account for the following purposes, in the following order of priority:
(a)
Allocations for public safety standards, training and facilities.
(b)
Allocations for criminal injuries compensation and assistance to victims of
crime and children reasonably suspected of being victims of crime.
(c)
Allocations for the forensic services provided by the Oregon State Police,
including, but not limited to, services of the State Medical Examiner.
(d)
Allocations for the maintenance and operation of the Law Enforcement Data System.
(3)
After making allocations under subsection (2) of this section, the Legislative
Assembly shall allocate moneys from the Criminal Fine Account for the following
purposes:
(a)
Allocations to the Law Enforcement Medical Liability Account established under
ORS 414.815.
(b)
Allocations to the State Court Facilities and Security Account established
under ORS 1.178.
(c)
Allocations to the Department of Corrections for community corrections grants
under ORS 423.520.
(d)
Allocations to the Oregon Health Authority for the purpose of grants under ORS
430.345 for the establishment, operation and maintenance of alcohol and drug
abuse prevention, early intervention and treatment services provided through a
county.
(e)
Allocations to the Oregon State Police for the purpose of the enforcement of
the laws relating to driving under the influence of intoxicants.
(f)
Allocations to the Arrest and Return Account established under ORS 133.865.
(g)
Allocations to the Intoxicated Driver Program Fund established under ORS
813.270.
(4)
It is the intent of the Legislative Assembly that allocations from the Criminal
Fine Account under subsection (3) of this section be consistent with historical
funding of the entities, programs and accounts listed in subsection (3) of this
section from monetary obligations imposed in criminal proceedings.