Chapter 137 — Chapter 137

ORS 137.665 [1989 c.790 §89; 1993 c.692 §6; repealed by 1995 c.420 §14]

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ORS 137.667 Amendments to sentencing guidelines; submitting to Legislative Assembly; rules. (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 Legislative Assembly and may classify offenses as person felonies or person misdemeanors for purposes of the rules

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ORS 137.669 Guidelines control sentences; mandatory sentences. 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 guidelines and any other guidelines so designated by the Oregon Criminal Justice Commission shall be mandatory and constitute presumptive sentences. [1987 c.619 §5; 1989 c.790 §95; 1995 c.420 §7; 1997 c.691 §4]

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ORS 137.670 [Repealed by 1961 c.359 §1]

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ORS 137.671 Authority of court to impose sentence outside guidelines. (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

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ORS 137.672 Aggravating factor sentencing rules relating to gender identity of victim. 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, entirely or in part, for the commission of the crime. [2019 c.553 §4]

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ORS 137.673 Validity of rules. 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 §3]

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ORS 137.674 Use of force data analysis; report to legislature. 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 Assembly on the analysis. [2021 c.625 §2]

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ORS 137.675 [1993 c.680 §14; repealed by 1995 c.420 §14]

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ORS 137.676 Development of method for district attorneys to record and report bias-related crime data; rules. (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 section and report the data to the commission

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ORS 137.677 [1993 c.680 §15; repealed by 1995 c.420 §14]

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ORS 137.678 Analysis of bias-related crime and incident data; annual report; rules. (1) As used in this section

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ORS 137.679 [2021 c.519 §1; renumbered 137.885 in 2025]

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ORS 137.680 Development of treatment court standards. (1) As used in this section, “treatment courts” means treatment court programs as defined in ORS 3.450

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ORS 137.681 [2021 c.609 §2; renumbered 137.890 in 2025]

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ORS 137.682 [2021 c.609 §1; renumbered 137.893 in 2025]

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ORS 137.683 Racial and ethnic impact statements for proposed legislation; rules. (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

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ORS 137.685 Racial and ethnic impact statements for state measures; hearing. (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 criminal justice system

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ORS 137.686 [2023 c.582 §1; 2025 c.557 §24; renumbered 137.865 in 2025]

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ORS 137.687 Deflection program data, standards and best practices. (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 is timely and easily accessed to inform best practices and improve outcomes for individual program participants

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ORS 137.688 Controlled substance offense data; rules. (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 delivery of a controlled substance offenses

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ORS 137.689 Oregon Crimefighting Act. This section and ORS 137.690 and 813.011 shall be known as the Oregon Crimefighting Act. [2011 c.1 §1]

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ORS 137.690 Major felony sex crime. 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

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ORS 137.700 Offenses requiring imposition of mandatory minimum sentences. (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 committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section

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ORS 137.705 Definitions; adult prosecution of certain juvenile offenders. (1)(a) As used in this section and ORS 137.707

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ORS 137.707 Mandatory minimum sentences for certain juvenile offenders waived to adult court; lesser included offenses; return to juvenile court. (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 presumptive term if otherwise permitted by law, but may not impose a lesser term. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in the minimum sentence for any reason under ORS 421.121 or any other provision of law. The person is eligible for a hearing and conditional release under ORS 420A.203 and 420A.206

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ORS 137.709 Application of ORS 137.700 and 137.707. ORS 137.700 and 137.707 do not apply to a person who is under 15 years of age at the time the person commits a crime listed in ORS 137.700 or 137.707. [2011 c.337 §1]

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ORS 137.712 Exceptions to ORS 137.700 and 137.707. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of manslaughter in the second degree as defined in ORS 163.125, assault in the second degree as defined in ORS 163.175 (1)(b), kidnapping in the second degree as defined in ORS 163.225, rape in the second degree as defined in ORS 163.365, sodomy in the second degree as defined in ORS 163.395, unlawful sexual penetration in the second degree as defined in ORS 163.408, sexual abuse in the first degree as defined in ORS 163.427 (1)(a)(A) or robbery in the second degree as defined in ORS 164.405, the court may impose a sentence according to the rules of the Oregon Criminal Justice Commission that is less than the minimum sentence that otherwise may be required by ORS 137.700 or 137.707 if the court, on the record at sentencing, makes the findings set forth in subsection (2) of this section and finds that a substantial and compelling reason under the rules of the Oregon Criminal Justice Commission justifies the lesser sentence. When the court imposes a sentence under this subsection, the person is eligible for a reduction in the sentence as provided in ORS 421.121 and any other statute and is eligible for a hearing and conditional release under ORS 420A.203 and 420A.206

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ORS 137.717 Presumptive sentences for certain property offenders. (1) When a court sentences a person convicted of

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ORS 137.719 Presumptive life sentence for certain sex offenders upon third conviction. (1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence

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ORS 137.721 [2005 c.708 §8; 2009 c.191 §1; 2009 c.660 §§15,16; renumbered 475.935 in 2009]

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ORS 137.725 Presumptive life sentence for certain sex offenders upon second conviction. (1) The presumptive sentence for a crime described in subsection (3) of this section is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime described in subsection (4) of this section

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ORS 137.750 Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs. (1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for such leave, release or program

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ORS 137.751 Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508. (1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.508 (4) only if, after a hearing, the court finds that

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ORS 137.752 Requirements when defendant committed to custody of county. (1) When a court commits a defendant to the custody of a supervisory authority of a county under ORS 137.124, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the supervisory authority for any form of alternative sanction authorized by ORS 423.478, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for alternative sanctions

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ORS 137.754 Authority of court to modify judgment to comply with ORS 137.750 and 137.752. Notwithstanding any other provision of law, a sentencing court retains authority after entry of a judgment of conviction to modify its judgment and sentence to comply with the requirements of ORS 137.750 or 137.752 when

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ORS 137.765 Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision. (1) As used in this section

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ORS 137.767 Presentence investigation and examination. (1)(a) A court shall order a presentence investigation and an examination of the defendant by a psychiatrist or psychologist upon motion of the district attorney if

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ORS 137.769 Defendant’s right to independent examination. (1) When a defendant is examined under ORS 137.767, the defendant may retain a psychiatrist, psychologist or other expert to perform an examination on the defendant’s behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to

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ORS 137.771 Resentencing hearing; petition; findings; modification of sentence. (1) No sooner than 10 years after a person sentenced under ORS 137.765 is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the petition. The district attorney may file a response either in support of or in opposition to the petition

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ORS 137.830 Oregon Public Safety Coordination Grant Program; rules. (1) The Oregon Public Safety Coordination Grant Program is established within the Oregon Criminal Justice Commission to support the coordination of local public safety policy with the goal of reducing individuals’ involvement with the criminal justice system

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ORS 137.835 (1)(a) In consultation with the Justice Reinvestment Grant Review Committee established under subsection (2) of this section, the Oregon Criminal Justice Commission shall administer the Justice Reinvestment Program described in this section. From funds appropriated to the commission for purposes of the program, the commission shall award grants to counties that establish a process to assess offenders and provide a continuum of community-based sanctions, services and programs that are designed to reduce recidivism and decrease the county’s utilization of imprisonment in a Department of Corrections institution while protecting public safety and holding offenders accountable

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ORS 137.838 The Oregon Public Safety Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 137.835

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ORS 137.843 Oregon Treatment Court Grant Program; rules. (1) The Oregon Criminal Justice Commission shall establish the Oregon Treatment Court Grant Program to award grants to counties in order to provide supplemental funding for treatment courts. The grants must support the adherence of treatment courts to the standards developed under ORS 137.680 and may fund the costs of appropriate treatment services and the incarceration of persons who have violated the terms and conditions of the treatment court

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ORS 137.845 The Oregon Treatment Court Grant Program Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 137.656 (3)(d) and 423.150 (2)

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ORS 137.860 Oregon Law Enforcement Grant Program; rules. (1) The Oregon Law Enforcement Grant Program is established within the Oregon Criminal Justice Commission to support local law enforcement in Oregon

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ORS 137.865 Organized Retail Theft Grant Program; rules. (1) The Organized Retail Theft Grant Program is established to assist

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ORS 137.868 Organized Retail Theft Grant Program Account. The Organized Retail Theft Grant Program Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 137.865. [2025 c.557 §25]

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ORS 137.885 Restorative justice grant program; rules. (1) The Oregon Criminal Justice Commission shall establish a program to award grants to public and private entities for restorative justice programs

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ORS 137.890 Innovative Grant Program; rules. (1) The Oregon Criminal Justice Commission shall establish and administer the Innovative Grant Program as described in this section

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