Title 14, Procedure in Criminal Matters Generally

(1) Parole and probation officers, when directed by the court, shall fully investigate and report to the court in writing on the circumstances of the offense, criminal record, social history and present condition and environment of any defendant. Unless the court directs otherwis…

(1)(a) Whenever a person is charged with a misdemeanor or a Class C felony, other than driving while under the influence of intoxicants, and has been formally accepted into a treatment court, the court, with the consent of the district attorney and the person, may defer further p…

(1) Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230, the court may defer further proceedings and place the person o…

(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall: (a) Pay fines, restitution or fees ordered by the court. (b) Submit to testing for controlled substance, cannabis or …

(1) As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777. (2) Notwithstanding ORS 137.540, if a person who holds a regist…

(1) Subject to the limitations in ORS 137.010 and to rules of the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989: (a) The period of probation shall be as the court determines and may, in the discretion of the court, be continued or extended…

(1) Notwithstanding any other provision of law, the Chief Justice of the Supreme Court may make rules or issue orders under ORS 1.002 to establish procedures for the consolidation of probation violation proceedings pending against a probationer in multiple circuit courts. (2) Rul…

(1) The State Board of Parole and Post-Prison Supervision shall adopt rules to establish release dates for revocations of probationary sentences imposed for felonies committed before November 1, 1989. (2) To the extent permissible under law, the release dates for revocation of pr…

(1) In addition to any authority granted under ORS 137.545, a court may authorize the use of citations to direct its probationers who violate conditions of probation to appear before the court. The following apply to the use of citations under this subsection: (a) A court may aut…

(1) If a citation is issued under ORS 137.553, the officer who issues the citation shall serve one copy of the citation to the probationer who is cited to appear and shall, as soon as practicable, file a duplicate copy with the court in which the probationer is cited to appear, a…

Within 10 days following the issuing of any judgment of suspension of imposition or execution of sentence or of probation of any person convicted of a crime, or of the continuation, extension, modification or revocation of any such judgment, or of the discharge of such person, or…

A court may transfer a person on probation under its jurisdiction from the supervision of one probation agency to that of another probation agency. Whenever a person sentenced to probation resides in or is to remove to a locality outside the jurisdiction of the court that sentenc…

Whenever the transfer mentioned in ORS 137.570 is made, the court making it shall send to the probation agency to whose supervision the probationer is transferred a copy of all the records of the court as to the offense, criminal record and social history of the probationer. The …

The judge or judges of any court of criminal jurisdiction, including municipal courts, may appoint, with the prior approval of the governing body of the county or city involved, and at pleasure remove, parole and probation officers and clerical assistants that may be necessary. P…

The Legislative Assembly finds that: (1) To protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments. (2) Decisions to incarcerate offenders in state prisons for vi…

(1) Except as otherwise provided in subsection (2) of this section, when a court suspends the imposition or execution of sentence and places a defendant on probation, or sentences a defendant to probation under the rules of the Oregon Criminal Justice Commission and orders a defe…

(1) The Department of Corrections shall adopt rules to carry out the purposes of chapter 680, Oregon Laws 1993, by establishing a system of structured, intermediate probation violation sanctions that may be imposed by the Department of Corrections or a county community correction…

The Oregon Criminal Justice Commission shall amend its rules to increase the jail and nonjail custody units that can be imposed as custodial sanctions for probation violations under ORS 137.595. The commission shall base the amendments on the existing rule structure and may not i…

Subject to rules adopted under ORS 137.595, after receiving written notification of rights, a probationer may waive in writing a probation violation hearing, admit or not contest the violations alleged in the probation violation report and consent to the imposition of structured,…

Prior to the imposition of any structured, intermediate sanction or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on a probationer pursuant to rules adopted under ORS 137.595, the court, upon motion of the district atto…

The judge or judges of any court of criminal jurisdiction, including municipal courts, may request at any time the staff of the Department of Corrections to perform any of the duties that might be required of a parole and probation officer appointed by the court pursuant to ORS 1…

(1) As used in this section, “parole and probation officer” has the meaning given that term in ORS 181A.355. (2) Parole and probation officers of the Department of Corrections or a county community corrections agency and those appointed by the court have the powers of peace offic…

(1) The duties of parole and probation officers appointed pursuant to ORS 137.590 or 423.500 to 423.560 are: (a) To make investigations and reports under ORS 137.530 as are required by the judge of any court having jurisdiction within the county, city or judicial district for whi…

(1) A person convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124…

(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the de…

When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer. [1989 c.790 §82; 1995 c.520 §2] Note: …

As used in ORS 137.654, 137.656 and 137.658: (1) “Commission” means the Oregon Criminal Justice Commission. (2) “Criminal justice system” includes all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offe…

(1) There is established the Oregon Criminal Justice Commission consisting of 12 members as follows: (a) The Governor shall appoint the following nine members who are subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution: (A) One mem…

(1) The purpose of the Oregon Criminal Justice Commission is to improve the effectiveness and efficiency of state and local criminal justice systems by providing a centralized and impartial forum for statewide policy development and planning. (2) The primary duty of the commissio…

(1) The chairperson of the Oregon Criminal Justice Commission may create any committees within the commission as the chairperson may think necessary. Persons who are not commission members may be appointed as members to serve on the committees with the approval of the commission.…

All officers, boards, commissions and other agencies of the State of Oregon shall cooperate with the Oregon Criminal Justice Commission to accomplish the duties imposed upon the Oregon Criminal Justice Commission. [1985 c.558 §6; 1995 c.420 §5] Note: See note under 137.651.

The Oregon Criminal Justice Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Criminal Justice Commission, other than appropriations from the General Fund, and except those moneys described in ORS 131A.460, shall be d…

(1) The Oregon Criminal Justice Commission shall review all new legislation that creates new crimes or modifies existing crimes. The commission shall adopt by rule any necessary modifications to the crime seriousness scale of the guidelines to reflect the actions of the Legislati…

The guidelines adopted under ORS 137.667, together with any amendments, supplements or repealing provisions, shall control the sentences for all crimes committed after the effective date of such guidelines. Except as provided in ORS 137.637 and 137.671, the incarcerative guidelin…

(1) The court may impose a sentence outside the presumptive sentence or sentence range made presumptive under ORS 137.669 for a specific offense if it finds there are substantial and compelling reasons justifying a deviation from the presumptive sentence. (2) Whenever the court i…

The Oregon Criminal Justice Commission, in the rules of the commission concerning sentencing departure factors, shall include gender identity as defined in ORS 166.155 as a characteristic of the victim constituting an aggravating factor when the characteristic was the motivation,…

Rules adopted by the Oregon Criminal Justice Commission shall not be declared invalid solely because of irregularities in procedural rulemaking, including but not limited to the provisions of ORS 183.335 or 183.400 (4)(c). [1989 c.790 §73; 1995 c.420 §9; 2001 c.220 §2; 2005 c.382…

The Oregon Criminal Justice Commission shall analyze data from the National Use-of-Force Data Collection operated by the Federal Bureau of Investigation and report annually in the manner provided in ORS 192.245 to an appropriate committee or interim committee of the Legislative A…

(1)(a) The Oregon Criminal Justice Commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall develop and implement a standardized method for district attorneys to record the data described in subsection (2) of this sectio…

(1) As used in this section: (a) “Bias crime” means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165. (b) “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’…

(1) As used in this section, “treatment courts” means treatment court programs as defined in ORS 3.450. (2)(a) The Oregon Criminal Justice Commission shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of the best prac…

(1) As used in this section, “criminal offender population” means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime. (2)(a) Upon written request from a member of the Legislative Assembly from each major pol…

(1)(a) Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement for a state measure that is related to crime and likely to have an effect on the crimin…

(1) The Oregon Criminal Justice Commission shall establish a statewide system for tracking simple, clear and meaningful data concerning deflection program outcomes, including connections to social services and criminal justice system avoidance, and other data deemed relevant that…

(1) For purposes of tracking racial or other demographic disparities in enforcement, the Oregon Criminal Justice Commission shall collect and analyze the following data concerning deflections, arrests, charges and convictions for unlawful possession of a controlled substance and …

This section and ORS 137.690 and 813.011 shall be known as the Oregon Crimefighting Act. [2011 c.1 §1] Note: 137.689 was enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explan…

a. Any person who is convicted of a major felony sex crime, who has one (or more) previous conviction of a major felony sex crime, shall be imprisoned for a mandatory minimum term of 25 years. b. “Major felony sex crime” means rape in the first degree (ORS 163.375), sodomy in the…

(1) Notwithstanding ORS 161.605, when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was commit…

(1)(a) As used in this section and ORS 137.707: (A) “Charged” means the filing of an accusatory instrument in a court of criminal jurisdiction. (B) “Detention facility” has the meaning given that term in ORS 419A.004. (C) “Prosecuted” includes pretrial and trial procedures, requi…

(1) When a person waived under ORS 419C.349 (1)(a) is convicted of an offense listed in subsection (4) of this section, the court shall impose at least the presumptive term of imprisonment provided for the offense in subsection (4) of this section. The court may impose a greater …