Sentencing

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_213/213_005.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON CRIMINAL JUSTICE COMMISSION

 


DIVISION 5
SENTENCING

213-005-0001
Place and Term of Incarceration
(1) If an offense
is classified in a grid block above the dispositional line, the presumptive sentence
shall be a term of imprisonment within the durational range of months stated in
the grid block. The sentencing judge should select the center of the range in the
usual case and reserve the upper and lower limits for aggravating and mitigating
factors insufficient to warrant a departure.
(2) Terms
of incarceration 12 months or less shall be served at the direction of the supervisory
authority. Terms of incarceration greater than 12 months shall be served in the
legal and physical custody of the Department.
(3) Notwithstanding
the term of imprisonment imposed by the sentencing court, and as authorized by the
court pursuant to ORS 137.750 for crimes committed on or after December 5, 1996,
an offender who enters and successfully completes a special alternative incarceration
program, in accordance with the rules and procedures adopted by the Department of
Corrections pursuant to ORS 421.500 et. seq., may be released early to serve the
term of post-prison supervision imposed as part of the original sentence.
(4) Notwithstanding
section (2) of this rule:
(a) Terms
of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served
in the legal and physical custody of the Department; and
(b) Offenders
sentenced under 2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration
of 90 days, without reduction for any reason.
Stat. Auth.: ORS
137.667, 421.512 & 2003 OL Ch. 464

Stats. Implemented:
ORS 137.667, 137.669, 137.750, 163.165(2), 421.512; 2011 OL Ch. 3 §1; 2011
OL Ch. 598

Hist.: SSGB
2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89;
SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96,
Renumbered from 253-005-0001; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999,
f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 2-2012,
f. & cert. ef. 4-27-12; CJC 4-2012, f. & cert. ef. 10-16-12
213-005-0002
Term of Post-Prison Community Supervision
(1) A term of community supervision is part of the sentence for any felony offender who is sentenced to the legal and physical custody of the Department or to the supervisory authority. This term of community supervision shall be described as post-prison supervision. Departures on the duration of post-prison supervision shall not be allowed.
(2) The duration of post-prison supervision shall be determined by the crime seriousness category of the most serious current crime of conviction:
(a) One year for Crime Categories 1-3, two years for Crime Categories 4-6 and three years for Crime Categories 7-11.
(b) Notwithstanding section (2)(a) of this rule, the following periods of post-prison supervision shall apply:
(A) For an offender convicted of murder or aggravated murder the period shall be as established in OAR 213-005-0004.
(B) For an offender sentenced as a sexually violent dangerous offender the period shall be as established in OAR 213-005-0004.
(C) The duration of the term of post-prison supervision as designated in ORS 144.103.
(3) The term of post-prison supervision shall begin upon completion of the offender's prison term or such term as directed by the supervisory authority. For offenders successfully completing the alternative incarceration program (boot camp) described in ORS 421.500 et seq., the term of post-prison supervision begins upon release pursuant to ORS 421.508(3).
(4) The term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction. When the total duration of any sentence (prison incarceration and post-prison supervision) exceeds the statutory maximum indeterminate sentence described in ORS 161.605, the sentencing judge shall first reduce the duration of post-prison supervision to the extent necessary to conform the total sentence length to the statutory maximum.
(5) The duration of post-prison supervision established under section (2) of this rule does not apply to dangerous offender departure sentences, which shall be governed by ORS 144.232.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - 137.669 & 144.103

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f. & cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0002; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 1-2006, f. & cert. ef. 4-12-06
213-005-0003
Supervisory Responsibility
When a term of post-prison supervision is imposed as part of a sentence, the offender shall serve the term of supervision in the community under the supervision of the Department of Corrections or a corrections agency designated by the Department.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-005-0003
213-005-0004
Post-Prison Supervision for Murder, Aggravated Murder or as a Sexually Violent Dangerous Offender
(1) The term of post-prison supervision for an offender serving a sentence for murder or aggravated murder shall be for the remainder of the offender's life, unless the Board finds a shorter term appropriate. In no case shall the term of supervision be less than three years.
(2) The limit on sanctions for post-prison supervision violations provided in OAR 213-011-0004(3) shall not apply to offenders on post-prison supervision as provided by this rule.
(3) The term of post-prison supervision for an offender found by the sentencing court to be a sexually violent dangerous offender pursuant to ORS 137.765 shall be for the remainder of the offender's life.
(4) The limit on sanctions for post-prison supervision violations provided in OAR 213-011-0004(3) shall not apply to offenders on post-prison supervision as provided by section (3) of this rule.
(5) Offenders on post-prison supervision as provided by section (3) of this rule may be incarcerated up to 180 days for any violation of post-prison supervision. The sanction may be imposed repeatedly during the term of the post-prison supervision for subsequent post-prison supervision violations. The Board or supervisory authority may impose only a single sanction for all violations known to the Board or supervisory authority as of the date that the sanction is imposed.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - 137.669, 137.765

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-005-0004; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
213-005-0005
Judgment of Conviction
Each judgment of conviction for an offense committed on or after the effective date of these rules shall state the length of incarceration and the length of post-prison supervision. The judgment of conviction shall also expressly provide that if the offender violates the conditions of post-prison supervision, the offender shall be subject to sanctions imposed by the supervisory agent or additional incarceration imposed by the Board in accordance with these rules.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-005-0005; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97

Probationary Sentences

213-005-0006
Optional Probationary Sentences
(1) If an offense is classified in grid blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional probationary sentence upon making the specific findings on the record:
(a) An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism;
(b) The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and
(c) The probationary sentence will serve community interests by promoting offender reformation.
(2) The sentencing judge shall not impose an optional probationary sentence if:
(a) A firearm was used in the commission of the offense; or
(b) At the time of the offense, the offender was under correctional supervision status for a felony conviction or a juvenile adjudication as defined in OAR 213-003-0001(11); or
(c) The offender's conviction is for Manufacture of a Controlled Substance involving substantial quantities of methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS 475.996(1)(a).
(3) A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669 & 2001 OL Ch. 804 (HB 2420)

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 2-1995, f. & cert. ef. 11-2-95; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0006; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
213-005-0007
Presumptive Probation Sentences
(1) Except as provided by OAR 213-009-0001, or otherwise established by ORS 137.717 or 137.719, if the offense is classified in a grid block below the dispositional line, the presumptive sentence shall be:
(a) A term of probation which may include custody and conditions of supervision; or
(b) Straight jail subject to the limits in OAR 213-005-0013.
(2) Each grid block below the dispositional line of the grid includes two components of a presumptive probationary sentence. The top number in each grid block is the number of sanction units that may be imposed as part of a presumptive probationary sentence. The bottom number in each grid block is the maximum number of sanction units that may be imposed as a jail term.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - 137.669, 137.719

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-005-0007; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
213-005-0008
Duration of Probation
(1) The presumptive duration of probation shall be determined by the crime seriousness category of the most serious current crime of conviction:
(a) Eighteen months for Crime Categories 1 - 2;
(b) Two years for Crime Categories 3 - 5;
(c) Three years for Crime Categories 6 - 8; and
(d) Five years for Crime Categories 9 - 11.
(2)(a) Subject to OAR 213-003-0001(8) and paragraph (e) of this section, the sentencing judge may without departure impose a duration of bench probation other than the presumptive durations in section (1) of this rule when necessary to ensure the conditions and purposes of probation are met, or extend the length of probation subject to OAR 213-005-0008(2)(e) upon finding a violation or violations of the conditions of probation or when necessary to ensure that the conditions of probation are completely satisfied;
(b) Subject to subsection (e) of this section, the sentencing judge may by departure impose a greater term of supervised probation when necessary to ensure that the conditions and purposes of probation are met;
(c) When an offender is convicted of violating or attempting to violate a crime of a sexual nature, as described in ORS 163.365, 163.375, 163.395, 163.405, 136.408, 163.411, 163.425 or 163.427 and the court suspends imposition or execution of the sentence or imposes a probation sentence, the court shall sentence the offender to probation for at least five years and no more than the maximum statutory indeterminate sentence for that offense.
(d) When an offender not subject to subsection (c) is convicted of a crime of a sexual nature (including but not limited to ORS 163.305-163.465, 163.525, 167.670, 163.673, 163.677, 163.680), or the sentencing judge finds a sex offender treatment program is appropriate, the judge may without departure impose a sentence of probation up to 5 years;
(e) A probationary term shall not exceed five years.
(3) The time during which the offender has absconded from supervision and a bench warrant has been issued for the offender's arrest shall not be counted in determining the time served on a sentence of probation.
(4) Nothing in this rule shall preclude the sentencing judge from imposing a period of bench probation as the probationary sentence required or permitted by the sentencing guidelines.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669 & ORS 137.012

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-005-0008; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
213-005-0009
Non-Presumptive Probationary Sentences
If the sentencing judge imposes a probationary sentence as a dispositional departure or as an optional probationary sentence, the duration of probation shall be as provided by OAR 213-005-0008.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0009
213-005-0010
Modification of Probationary Terms
(1) A sentencing judge may shorten or terminate a probationary sentence or transfer supervision to bench probation upon a finding that supervision is no longer necessary to accomplish the purposes of the imposed sentence.
(2) Modification of a probationary sentence which results in shortening the term, termination, or transfer to bench probation shall not require a hearing.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0010
213-005-0011
Sanction Units
(1) When imposing a probationary
sentence, the sentencing judge may require that the offender serve a term of custody
supervision in a correctional facility or as part of a custody program. The term
of custody supervision shall be imposed as a number of sanction units. Sanction
units not used to set an initial term of custody are automatically reserved for
use as sanctions for probation violations or to insure the purposes of probation
are being served.
(2) The number of sanction units
that may be imposed as part of a presumptive probationary sentence shall be determined
by the grid block classification of the offense:
(a) Up to 90 sanction units
for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and
3-I;
(b) Up to 120 sanction units
for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G
through 5-I; and
(c) Up to 180 sanction units
for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I.
(3) Notwithstanding section
(2) of this rule, for offenders sentenced under 2011 Or Laws ch 598, the maximum
number of sanction units that may be imposed as a presumptive probation sentence
shall be up to 180 sanction units in grid blocks 4-C through 4-D.
(4) If the sentencing judge
imposes a probationary sentence as a dispositional departure or as an optional probationary
sentence, the sentencing judge may impose up to 180 sanction units as a part of
the sentence. Imposition of more than 180 sanction units is a departure.
(5) Notwithstanding the fact
that the court has sentenced a person to a term of incarceration, when an offender
is committed to the custody of the supervisory authority of a county under ORS 137.124(2)
or (4):
(a) The supervisory authority
shall incarcerate offenders sentenced under 2011 Or Laws ch 598 for at least the
mandatory minimum term of 90 days without reduction for any reason.
(b) Except for the mandatory
minimum term of 90 days as provided in (5)(a) above, the supervisory authority may
execute any sentence by imposing sanctions other than
incarceration if deemed appropriate by the supervisory authority.
(6) Notwithstanding the limits on sanction
units established in sections 2 and 3 of this rule, an additional number of non-jail
sanction units may be used to sanction violations of conditions of a probation sentence.
There shall be no departure on these additional non-jail sanction units, nor may
they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3).
These additional non-jail sanction units are:
(a) Up to 30 additional non-jail
sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and
grid blocks 3-G, 3-H and 3-I;
(b) Up to 60 additional non-jail
sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through
4-I, and 5-G through 5-I; and
(c) Up to 90 additional non-jail
sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F
through 7-I, and offenses in which a sentence of probation was imposed as a departure
or pursuant to OAR 213-005-0006 (Optional Probation).
(7) Notwithstanding the limits
on sanction units established in sections 2, 3 and 4 of this rule, an additional
number of sanction units may be used to sanction violations of conditions of a probation
sentence. There shall be no departure on these additional sanction units, nor may
they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3).
These additional sanction units are:
(a) Up to 60 additional jail
or non-jail sanction units for offenses classified in Crime Seriousness Categories
1 and 2 and grid blocks 3-G, 3-H and 3-I, of which no more than 30 may be jail sanction
units;
(b) Up to 105 additional jail
or non-jail sanction units for offenses classified in grid blocks 3-A through 3-F,
4-C through 4-I, and 5-G through 5-I, of which no more than 45 may be jail sanction
units; and
(c) Up to 150 additional jail
or non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through
6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed
as a departure or pursuant to OAR 213-005-0006 (Optional Probation), of which no
more than 60 may be jail sanction units.
(8) For crimes committed on
or after January 1, 2002, section 6 shall not apply and section 7 shall operate
in its place.
Stat. Auth.: ORS 137.667 &
2001 OL Ch. 737 (HB 3461)

Stats. Implemented: ORS 137.667
- 137.669 & 2001 OL Ch. 737 (HB 3461); 2011 OL Ch. 3 §1; 2011 OL Ch. 598

Hist.: SSGB 2-1988, f. 12-30-88,
cert. ef. 9-1-89;SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f.
& cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996,
f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0011; CJC 3-1997, f. 10-29-97,
cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01,
cert. ef. 1-1-02; CJC 2-2012, f. & cert. ef. 4-27-12
213-005-0012
Custodial Supervision
(1) The sanction units imposed as part of a probationary sentence shall be used to set a term of custodial supervision in a correctional facility or as part of a custody program. Credit for sanction units shall only be granted for time actually served. Good time credits, work time credits, or early release shall not count towards satisfaction of sanction units.
(2) When sanction units are imposed as part of a probationary sentence, the offender shall receive credit for having served those sanction units as follows:
(a) JAIL: Each day of jail incarceration equals one (1) sanction unit.
(b) RESIDENTIAL CUSTODIAL TREATMENT FACILITY: Each day of actual confinement in a 24-hour residential custodial treatment facility equals one (1) sanction unit when the program is satisfactorily completed including up to one year of any required aftercare. Aftercare may continue for more than one year, but custody unit credit shall be granted following satisfactory completion of one year.
(c) RELEASE PROGRAMS: Each day of partial confinement in a release program, in which the offender is confined in a custodial facility when not on release, equals one (1) sanction unit for each day of partial incarceration.
(d) HOUSE ARREST: Each day of satisfactory compliance with the requirements of house arrest equals one (1) sanction unit if the offender satisfactorily completes the house arrest.
(e) COMMUNITY SERVICE: Sixteen hours of community service under the direct supervision of a supervisor designated by the supervisory authority equals one sanction unit.
(3)(a) When the sentencing judge orders jail time as part of a probationary sentence, the judge shall sentence the offender directly to the custody of the supervisory authority with jurisdiction over the county jail.
(b) When the sentencing judge recommends a custodial facility or program other than jail, the judge shall sentence the offender directly to the custody of the supervisory authority with jurisdiction over that facility or program. To impose such a sentence, the judge must determine that space is available in that facility or program and that the offender meets the eligibility criteria established for that facility or program by the supervisory authority.
(4) The supervisory authority shall keep a record of all sanction units served by the offender during the course of the probationary term. When sanction units are served only upon the satisfactory completion of a custodial program, the supervisory authority, when appropriate, shall certify that the offender has satisfactorily completed a custodial program and the number of sanction units served by the offender as part of the program.
(5) Where the sentencing judge finds that a custodial rehabilitation program designed to deal with drug or alcohol abuse or sexual behavior is essential to minimize the offender's likelihood of engaging in future criminal conduct, the requirement that the offender enter and satisfactorily complete such a program shall not be limited by the sanction units set forth in OAR 213-005-0011 or the provisions of this rule.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88; cert ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0012
213-005-0013
Jail as Part of Probation
(1) Subject to the provisions
of sections (2), (3) and (4) of this rule, the maximum number of sanction units
that may be used to impose a jail term as part of a probationary sentence shall
be as follows:
(a) Up to 30 sanction units
for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and
3-I;
(b) Up to 60 sanction units
for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G
through 5-I; and
(c) Up to 90 sanction units
for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I,
and if a probation sentence is imposed as a departure from a presumptive prison
term or as an optional probation sentence.
(2) Within the limitations established
by this rule on the use of jail as part of a probation sentence, the sentencing
judge may impose:
(a) A jail term of no more than
one-third of the jail sanction units described in section 1 of this rule as part
of a probation sentence to be served immediately upon sentencing;
(b) One or more jail terms as
a sanction for probation violations over the term of probation; or
(c) Subsections (a) and (b)
of this section so long as the total length of jail incarceration does not exceed
the limits established by this rule on the use of jail as part of a probationary
sentence except as provided in OAR 213-005-0011(6).
(3) The limitations established
by this rule on the use of jail as part of a probationary sentence may be exceeded
if the sentencing judge, after consulting with the appropriate supervisory authority,
finds on the record that local jail space provided by the county is available for
a longer term. Upon making such a finding, the sentencing judge may, without departure,
use:
(a) Up to the maximum number
of jail sanction units described in section 1 of this rule at the time of initial
sentencing; and
(b) Up to the maximum number
of sanction units described in OAR 213-005-0011(2) and (3) to impose jail for violations
of conditions of the probation sentence.
(4) The maximum number of sanction
units that may be used to impose a jail term as part of a probationary sentence
under 2011 Or Laws ch 598 shall be 90, which must be imposed without reduction for
any reason. The provisions of subsection (2)(a) shall not apply to sentences imposed
under this subsection.
Stat. Auth.: ORS 137.667 &
2001 OL Ch. 737 (HB 3461)

Stats. Implemented: ORS 137.667
- 137.669 & 2001 OL Ch. 737 (HB 3461)

Hist.: SSGB 2-1988, f. 12-30-88,
cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp),
f. & cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996,
f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0013; CJC 2-2001, f. 12-26-01,
cert. ef. 1-1-02; CJC 2-2012, f. & cert. ef. 4-27-12
213-005-0014
Level of Community Supervision
(1) The Department or its designees shall use a risk assessment classification system to classify offenders for supervision purposes.
(2) The level of supervision shall be established by the Department or its designees based on the offender-risk classification. The level of supervision may be increased or decreased by the supervisory authority in response to the offender's conduct under supervision and as is necessary to manage the offender in the community.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0014
213-005-0015
Non-Custody Conditions Of Probation
The sentencing judge may impose any additional non-custodial special conditions of probation as provided by law.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0015
213-005-0016
Departure Probationary Sentences
A probationary sentence which exceeds the applicable limitation on the use of custodial supervision as part of a probationary sentence is a departure.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0016
213-005-0017
Record of Sanction Units
The supervisory authority or the supervisory authority 's designee shall keep a record of all sanction units served by the offender while under the jurisdiction of the supervisory authority. The record shall be maintained in a form that will enable the sentencing judge to determine whether the sanction units imposed as part of a probationary sentence have been served.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0017

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