Oregon Administrative Code

213-004-0010 Burglary I (1) A prior Burglary I (ORS 164.225) conviction for an offense committed after the effective date of these rules shall be classified for criminal history: (a) As a prior person felony if that prior conviction was classified as a Crime Category 9 or 8 offen…

213-004-0011 Out-of-State Adult Convictions and Juvenile Adjudications (1) An out-of-state adult conviction shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony or Class A misdemeanor under current Oregon law. (2…

213-004-0013 Proof of Criminal History (1) The offender’s criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge. (2) Except to the extent disputed in accordance with sect…

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 t…

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 shal…

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 Depa…

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 …

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 i…

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 mor…

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…

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 year…

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. Statutory/Other Authority: ORS 137…

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) Modifi…

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 o…

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 …

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 offe…

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 offe…

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. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-9…

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. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 13…

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 e…

213-007-0001 Permissible Plea Agreements The sentencing judge shall comply with the rules of this division when accepting a negotiated plea as a plea agreement for any offense committed on or after the effective date of these rules. Statutory/Other Authority: ORS 137.667 Statutes…

213-007-0002 Criminal History (1) An offender’s criminal history classification shall be accurately represented to the sentencing judge in the plea agreement. (2) If a controversy exists as to the inclusion of a prior conviction or juvenile adjudication in an offender’s criminal …

213-007-0003 Stipulated Grid Block (1) Subject to the provisions of OAR 213-007-0002 and the approval of the sentencing judge, the district attorney and defense may stipulate to the grid block classification within the Sentencing Guidelines Grid which will provide the presumptive…

213-007-0004 Stipulated Presumptive Sentence (1) The district attorney and the defense may stipulate to a specific sentence within the presumptive sentence range for the stipulated grid block classification. (2) If the sentencing judge accepts the plea agreement, the judge shall …

213-007-0005 Stipulated Non-Presumptive Sentence (1) The district attorney and defense may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. (2) If the parties stipulate to an optional probationary sentence, the sentencing …

213-008-0001 Departure Sentences Except as provided in OAR 213-005-0006, the sentencing judge shall impose the presumptive sentence provided by the guidelines unless the judge finds substantial and compelling reasons to impose a departure. If the sentencing judge departs from the…

213-008-0002 Departure Factors (1) Subject to the provisions of sections (2) and (3) of this rule, the following nonexclusive list of mitigating and aggravating factors may be considered in determining whether substantial and compelling reasons for a departure exist: (a) Mitigati…

213-008-0003 Duration of Departures (1) When a sentencing judge departs in setting the duration of a prison term, the judge shall consider the purposes and principles of these guidelines as described in OAR 213-002-0001 to impose a sentence which is proportionate to the seriousne…

213-008-0005 Dispositional Departure Limitations (1) When a sentencing judge imposes a prison term as a dispositional departure, the term of incarceration shall be: (a) Up to six months for offenses classified in Crime Categories 1 and 2, or grid blocks 3-G, 3-H and 3-I; (b) Up t…

213-008-0006 Departure Limitations on the Use of Sanction Units (1) A departure on the number of sanction units imposed as part of a probationary sentence shall not total more than double the maximum number of sanction units permitted as part of the sentence as described in OAR 2…

213-008-0007 Departure Limitations in Consecutive Sentences (1) The court may depart from the limits established by OAR 213-012-0002 for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any individual offense bein…

213-009-0001 Statutorily Mandated Imprisonment (1) If a mandatory prison sentence is required or authorized by statute, the sentence imposed shall be that determinate sentence or the sentence under these rules whichever is longer. (2) If the provisions of ORS 137.635, require the…

213-009-0002 Offenders Found Guilty Except for Insanity The rules of the Criminal Justice Commission shall not apply to any offender found guilty except for insanity pursuant to ORS 161.295. The disposition of such an offender shall be as provided by the provisions of ORS 161.295…

213-009-0003 Other Sanctions In addition to the presumptive or departure sentence, the sentencing judge may impose any restitution, fine, fee or other monetary payment authorized or required by law. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - …

213-010-0001 Revocation of Probation The decision to revoke probation is discretionary and may be exercised upon a finding that the offender has violated one or more of the conditions of probation, or that the offender has participated in new criminal activity. Statutory/Other Au…

213-010-0002 Revocation Sanctions (1) For those offenders whose presumptive sentence was probation, the sentence upon revocation shall be to the supervisory authority for a term up to a maximum of six months. (2) For those offenders whose probationary sentence was either a depart…

213-011-0001 Conditions of Post-Prison Supervision (1) The Department shall prepare a proposed release plan for each offender prior to the offender’s release from prison. (2) The proposed release plan shall be submitted to the Board not less than sixty (60) days prior to the offe…

213-011-0002 Responsibility for Post-Prison Supervision Upon release from prison, the offender shall be supervised by the Department or the corrections agency designated by the Department. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 Hi…

213-011-0003 Level of Post-Prison Supervision (1) During the term of post-prison supervision, the Department or its designee may adjust the level of supervision and recommend to the Board revisions to the conditions of supervision appropriate to the offender's conduct in the comm…

213-011-0004 Post-Prison Supervision Sanctions (1) The supervisory authority shall use a continuum of administrative sanctions for violation of the conditions of post-prison supervision. The sanction continuum shall include: adjustments to the level of supervision, modification o…

213-012-0010 Concurrent and Consecutive Sentences When multiple convictions have been entered against a single defendant, the sentencing judge may impose consecutive or concurrent sentences as provided by ORS 137.123 and 137.370. Statutory/Other Authority: ORS 137.667 Statutes/Ot…

213-012-0020 Consecutive Sentences (1) When the sentencing judge imposes multiple sentences consecutively, the consecutive sentences shall consist of an incarceration term and a supervision term. (2)(a) Subject to the provisions of subsection (b) of this section, the presumptive …

213-012-0030 Sentences Imposed Consecutively to a Prior Remaining Sentence (1) When a sentence is imposed consecutively to a sentence imposed in a prior proceeding, the incarceration term of the new sentence is added to the remaining incarceration term of the prior sentence. If a…

213-012-0040 Multiple Supervision Terms (1) If the offender has been sentenced to multiple terms of post-prison supervision, the terms of post-prison supervision shall be served as a single term. The maximum sanction for a post-prison supervision violation in such a case shall be…

213-013-0001 Sentencing Report (1) The sentencing information required to be provided to the Commission under ORS 137.010(9) shall be submitted in accordance with this rule. (2) For each sentence imposed for a felony, sentencing information shall be submitted to the Criminal Just…

213-013-0010 Minimum Contents of Presentence Reports Except as provided by section (9), each presentence report prepared for an offender to be sentenced for one or more felonies committed on or after November 1, 1989, shall at a minimum include the following information: (1) A su…

213-013-0011 Format for Presentence Reports The format for all presentence reports for offenders convicted of a felony committed on or after November 1, 1989, shall be as provided by the Department. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - …

213-017-0000 Crime Seriousness Scale This division represents the complete Crime Seriousness Scale of the grid. Offenses are listed by ORS citation, title and felony classification. When an offense has been subcategorized it will appear in two or more crime categories. An abbrevi…

213-017-0001 Crime Category 11 The following offenses are classified at crime category 11 on the Crime Seriousness Scale: ORS 163.095 — ATTEMPT AGGRAVATED MURDER — (A). Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453 Statutes/Other Implemented: ORS 137.667 - 137.669 & SB…

213-017-0002 Crime Category 10 The following offenses are classified at crime category 10 on the Crime Seriousness Scale: (1) CONTROLLED SUBSTANCE OFFENSES – See division 19. (2) CANNABIS OFFENSES – See division 21. (3) ORS 163.107 — ATTEMPT MURDER I — (A). (4) ORS 163.118 — MANS…