Chapter 137 — Chapter 137

ORS 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]

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ORS 137.286 Minimum fines for misdemeanors and felonies; retention of jurisdiction. (1) Unless a specific minimum fine is provided by law, the minimum fine for a misdemeanor is $100

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ORS 137.288 [Formerly 137.293; renumbered 137.143 in 2013]

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ORS 137.289 [2011 c.597 §33; 2013 c.685 §21; renumbered 137.146 in 2013]

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ORS 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1999 c.1051 §127; 1999 c.1056 §1d; 1999 c.1095 §6; 2003 c.737 §112; 2003 c.819 §11; 2005 c.843 §21; 2007 c.899 §§1,2; repealed by 2011 c.597 §118]

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ORS 137.291 [2011 c.597 §34; 2013 c.685 §22; renumbered 137.149 in 2013]

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ORS 137.292 [2011 c.597 §35; 2013 c.685 §23; renumbered 137.153 in 2013]

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ORS 137.293 [1987 c.905 §2; 2011 c.597 §123; renumbered 137.288 in 2011]

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ORS 137.294 [2011 c.597 §36; 2013 c.685 §24; renumbered 137.155 in 2013]

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ORS 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c.1051 §128; 1999 c.1064 §1; 2001 c.823 §§22,23; 2003 c.687 §§2,3; 2005 c.564 §§4,5; 2007 c.626 §2; 2007 c.899 §§3,4; repealed by 2011 c.597 §118]

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ORS 137.296 [2011 c.597 §37; 2013 c.685 §25; renumbered 137.157 in 2013]

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ORS 137.297 [2011 c.597 §38; 2013 c.685 §26; renumbered 137.159 in 2013]

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ORS 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

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ORS 137.301 Legislative findings. The Legislative Assembly finds that

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ORS 137.302 [2001 c.829 §2; repealed by 2005 c.700 §3]

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ORS 137.303 [1987 c.905 §7; 1989 c.904 §49; 1991 c.460 §2; 1993 c.741 §1; 1993 c.770 §§2,4; 1995 c.555 §§2,3; 1997 c.872 §28; 1999 c.1056 §§2,2c; 1999 c.1084 §38; 2001 c.624 §13; repealed by 2001 c.829 §10]

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ORS 137.304 [1999 c.1095 §8; 1999 c.1095 §§9,10,11; repealed by 2001 c.829 §10]

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ORS 137.305 [1987 c.905 §8; 1991 c.460 §15; 1993 c.637 §4; 1993 c.770 §6; 1995 c.440 §2; 1997 c.872 §29; 1999 c.867 §9; repealed by 2001 c.829 §10]

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ORS 137.306 [1989 c.860 §§1,6; 1993 c.14 §5; repealed by 1993 c.196 §12]

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ORS 137.307 [1989 c.860 §§2,3,5; 1991 c.203 §1; repealed by 1993 c.196 §12]

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ORS 137.308 [1989 c.860 §4; 1993 c.196 §4; 1993 c.637 §14; 1999 c.1051 §255; 2005 c.804 §5; 2009 c.856 §§6,33; repealed by 2011 c.597 §118]

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ORS 137.309 [1991 c.778 §§4,5; 1993 c.14 §6; 1993 c.196 §1; 1993 c.637 §§13,13a; 1999 c.1051 §254; 2003 c.687 §4; 2005 c.804 §6; repealed by 2011 c.597 §118]

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ORS 137.310 Authorizing execution of judgment; detention of defendant. (1) When a judgment has been pronounced, a certified copy of the entry thereof in the register shall be forthwith furnished by the clerk to the officer whose duty it is to execute the judgment; and no other warrant or authority is necessary to justify or require its execution

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ORS 137.315 Electronic telecommunication of notice of judgment authorized. Whenever it is necessary that a copy of the entry of judgment against a defendant be delivered to the Department of Corrections or any other correctional authority of this state, or to the correctional authority of any political subdivision of this state, the court or the sheriff may transmit notice of the judgment by electronic telecommunication. The notice of judgment shall serve as authority for imprisonment under this chapter. The notice need not be a duplicate or photographic copy of judgment, but if it is not a duplicated or photographic copy, then it must be followed in due course by a duplicate or photographic copy with a notation that notice had been sent previously. [1987 c.251 §2]

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ORS 137.320 Delivery of defendant when committed to Department of Corrections; credit on sentence. (1) Except as provided in ORS 137.124, when a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of the entry of judgment and a statement signed by the sheriff of the number of days the defendant was imprisoned prior to delivery, to the superintendent of the Department of Corrections institution to which the defendant is initially assigned pursuant to ORS 137.124. If at the time of entry of a judgment, the defendant was serving a term of incarceration at the direction of the supervisory authority of a county upon conviction of a prior felony, the sheriff shall also deliver to the Department of Corrections a copy of the prior entry of judgment committing the defendant to the supervisory authority of the county of conviction and a statement of the number of days the defendant has remaining to be served on the term or incarceration imposed in the prior judgment

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ORS 137.330 Where judgment of imprisonment in county jail is executed. (1) Except as provided in ORS 137.167, 137.333 or 423.478, a judgment of imprisonment in the county jail shall be executed by confinement in the jail of the county where the judgment is given, except that when the place of trial has been changed, the confinement shall take place in the jail of the county where the action was commenced

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ORS 137.333 Exception to ORS 137.330. Whenever a judge sentences a person to a term of incarceration in a county jail, the judgment may be executed by confinement in another county or in a state correctional facility if the county in which the person would otherwise be imprisoned

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ORS 137.340 [Repealed by 1971 c.743 §432]

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ORS 137.350 [Repealed by 1987 c.247 §1]

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ORS 137.360 [Repealed by 1987 c.247 §1]

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ORS 137.370 Commencement and computation of term of imprisonment in state correctional institution; sentences concurrent unless court orders otherwise. (1) When a person is sentenced to imprisonment in the custody of the Department of Corrections, the term of confinement therein commences from the day the person is delivered to the custody of an officer of the Department of Corrections for the purpose of serving the sentence executed, regardless of whether the sentence is to be served in a state or federal institution

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ORS 137.372 Credit for time served as part of probationary sentence; diversion program or treatment court program. (1)(a) Notwithstanding the provisions of ORS 137.370 (2), an offender who has been revoked from a probationary sentence for a felony committed on or after November 1, 1989, and whose sentence was imposed as a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, shall receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence. However, if the credit for the time served in jail as described in this paragraph is greater than 90 days, the sentencing judge may limit or deny credit for any of that time that exceeds 90 days

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ORS 137.375 Release of prisoners whose terms expire on weekends or legal holidays. When the date of release from imprisonment of any prisoner in an adult correctional facility under the jurisdiction of the Department of Corrections, or any prisoner in a county or city jail, falls on Saturday, Sunday or a legal holiday, the prisoner shall be released, at the discretion of the releasing authority, on the first, second or third day preceding the date of release which is not a Saturday, Sunday or legal holiday. Prisoners of a county or city jail serving a mandatory minimum term specifically limited to weekends shall be released only at the time fixed in the sentence. [1953 c.532 §1; 1955 c.660 §16; 1971 c.290 §1; 1979 c.487 §10; 1987 c.320 §36; 2001 c.851 §7]

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ORS 137.380 Discipline, treatment and employment of prisoners. A judgment of commitment to the custody of the Department of Corrections need only specify the duration of confinement as provided in ORS 137.120. Thereafter the manner of the confinement and the treatment and employment of a person shall be regulated and governed by whatever law is then in force prescribing the discipline, treatment and employment of persons committed. [Amended by 1955 c.32 §1; 1955 c.660 §17; 1959 c.687 §1; 1973 c.836 §268; 1987 c.320 §37]

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ORS 137.390 Commencement, term and termination of term of imprisonment in county jail; treatment of prisoners therein. The commencement, term and termination of a sentence of imprisonment in the county jail is to be ascertained by the rule prescribed in ORS 137.370, and the manner of such confinement and the treatment of persons so sentenced shall be governed by whatever law may be in force prescribing the discipline of county jails. [Amended by 1973 c.631 §3]

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ORS 137.400 [Amended by 1953 c.104 §2; 1955 c.662 §6; repealed by 1967 c.372 §13]

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ORS 137.410 [Repealed by 1967 c.372 §13]

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ORS 137.420 [Repealed by 1967 c.372 §13]

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ORS 137.430 [Repealed by 1967 c.372 §13]

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ORS 137.440 Return by officer executing judgment; annexation to trial court file. When a judgment in a criminal action has been executed, the sheriff or officer executing it shall return to the clerk the warrant or copy of the entry or judgment upon which the sheriff or officer acted, with a statement of the doings of the sheriff or officer indorsed thereon, and the clerk shall file the same and annex it to the trial court file, as defined in ORS 19.005. [Amended by 1967 c.471 §4]

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ORS 137.450 Enforcement of money judgment in criminal action. A judgment against the defendant or complainant in a criminal action, so far as it requires the payment of a fine, fee, assessment, costs and disbursements of the action or restitution, may be enforced as a judgment in a civil action. [Amended by 1973 c.836 §269; 1987 c.709 §1]

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ORS 137.452 Satisfaction of monetary obligation imposed as part of sentence; release of judgment lien from real property; authority of Attorney General. When a person is convicted of an offense and sentenced to pay any monetary obligation, the following provisions apply to obtaining a satisfaction of the money award portion of the judgment or a release of a judgment lien from a specific parcel of real property when the money award portion of the judgment is not satisfied

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ORS 137.460 [Renumbered 137.270]

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ORS 137.463 Death warrant hearing; death warrant. (1) When a sentence of death is pronounced, the clerk of the court shall deliver a copy of the judgment of conviction and sentence of death to the sheriff of the county. The sheriff shall deliver the defendant within 20 days from the date the judgment is entered to the correctional institution designated by the Director of the Department of Corrections pending the determination of the automatic and direct review by the Supreme Court under ORS 138.052

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ORS 137.464 Administrative assessment of defendant’s mental capacity. (1)(a) At the death warrant hearing under ORS 137.463, the court shall order that the Oregon Health Authority or its designee perform an assessment of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options if

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ORS 137.465 [1979 c.2 §5; repealed by 1981 c.873 §9]

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ORS 137.466 Judicial determination of defendant’s mental capacity. (1) If the court has ordered the Oregon Health Authority to perform a competency assessment of the defendant under ORS 137.464 and the assessment has been completed, the court shall determine the issue of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options. If neither the state nor counsel for the defendant contests the finding of the report filed under ORS 137.464, the court may make the determination of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options on the basis of the report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence at the hearing, the party contesting the finding has the right to summon and to cross-examine the psychiatrist or psychologist who submitted the report and to offer evidence on the issue. Either party may introduce other evidence regarding the defendant’s mental capacity to engage in reasoned choices of legal strategies and options

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ORS 137.467 Delivery of warrant when place of trial changed. If the place of trial has been changed, the death warrant shall be delivered to the sheriff of the county in which the defendant was tried. [1984 c.3 §6]

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ORS 137.470 [1979 c.2 §6; repealed by 1981 c.873 §9]

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ORS 137.473 Means of inflicting death; place and procedures; acquisition of lethal substance. (1) The punishment of death shall be inflicted by the intravenous administration of a lethal quantity of an ultra-short-acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death. The judgment shall be executed by the superintendent of the Department of Corrections institution in which the execution takes place, or by the designee of that superintendent. All executions shall take place within the enclosure of a Department of Corrections institution designated by the Director of the Department of Corrections. The superintendent of the institution shall be present at the execution and shall invite the presence of one or more physicians, physician associates or nurse practitioners, the Attorney General, the sheriff of the county in which the judgment was rendered and representatives from the media. At the request of the defendant, the superintendent shall allow no more than two members of the clergy designated by the defendant to be present at the execution. At the discretion of the superintendent, no more than five friends and relatives designated by the defendant may be present at the execution. The superintendent shall allow the presence of any peace officers as the superintendent thinks expedient

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