Chapter 137 — Chapter 137

ORS 137.129 Length of community service sentence. The length of a community service sentence shall be within these limits

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ORS 137.130 [Repealed by 1987 c.550 §5]

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ORS 137.131 Community service as condition of probation for offense involving graffiti. (1) The court shall impose community service as a condition of a probation sentence when a person is convicted of criminal mischief and the conduct engaged in consists of defacing property by creating graffiti unless the sentence includes incarceration in a county jail or a state correctional institution

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ORS 137.138 Forfeiture of weapons and revocation of hunting license for certain convictions. (1) In addition to and not in lieu of any other sentence it may impose, a court shall require a defendant convicted under ORS 164.365, 166.663, 167.315, 498.056 or 498.146 or other state, county or municipal laws, for an act involving or connected with injuring, damaging, mistreating or killing a livestock animal, to forfeit any rights in weapons used in connection with the act underlying the conviction

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ORS 137.140 [Amended by 1973 c.836 §263; 1987 c.550 §3; renumbered 137.167 in 2013]

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ORS 137.143 All monetary obligations constitute single obligation on part of convicted person. All fines, costs, restitution, compensatory fines and other monetary obligations imposed upon a convicted person in a circuit, justice or municipal court constitute a single obligation on the part of the convicted person. The clerk shall divide the total obligation as provided in ORS 137.145 to 137.159, based on the different parts of the obligation, and shall credit and distribute all moneys received in payment of the obligation in the manner provided by ORS 137.145 to 137.159. [Formerly 137.288]

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ORS 137.145 Definitions for ORS 137.145 to 137.159. As used in ORS 137.145 to 137.159

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ORS 137.146 Priorities for application of payments on criminal judgments entered in circuit courts. (1) There are five levels of priority for application of payments on criminal judgments entered in circuit courts, with Level I obligations having the highest priority and Level V obligations having the lowest priority. All payments on a criminal judgment entered in a circuit court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full

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ORS 137.147 Priorities for application of payments on criminal judgments entered in local courts. (1) There are four levels of priority for application of payments on criminal judgments entered in local courts, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. All payments on a criminal judgment entered in a local court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full

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ORS 137.149 Level I obligations in circuit court judgments. (1) There are two types of Level I obligations in criminal judgments entered in circuit courts

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ORS 137.150 [Amended by 1959 c.530 §1; 1969 c.511 §2; repealed by 1971 c.743 §432]

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ORS 137.151 Level I obligations in local court judgments. (1) There are two types of Level I obligations in criminal judgments entered in local courts

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ORS 137.153 Level II obligations in circuit court judgments. Level II obligations in criminal judgments entered in circuit courts include all fines and other monetary obligations payable to the state for which the law does not expressly provide other disposition, including fines payable to the state under ORS 153.633, 153.645 and 153.650. [Formerly 137.292; 2022 c.57 §7]

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ORS 137.154 Level II obligations in local court judgments. Level II obligations in criminal judgments entered in local courts

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ORS 137.155 Level III obligations in circuit court judgments. Level III obligations in criminal judgments entered in circuit courts are fines payable to a county or city. [Formerly 137.294]

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ORS 137.156 Level III obligations in local court judgments. Level III obligations in criminal judgments entered in local courts are amounts that the law expressly directs be paid to a specific account or public body as defined in ORS 174.109. [2013 c.685 §19]

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ORS 137.157 Level IV obligations in circuit court judgments. Level IV obligations in criminal judgments entered in circuit courts are amounts that the law expressly directs be paid to a specific account or public body as defined in ORS 174.109. [Formerly 137.296]

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ORS 137.158 Level IV obligations in local court judgments. Level IV obligations in criminal judgments entered in local courts are amounts payable for reward reimbursement under ORS 131.897. [2013 c.685 §20]

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ORS 137.159 Level V obligations in circuit court judgments. Level V obligations in criminal judgments entered in circuit courts are amounts payable for reward reimbursement under ORS 131.897. [Formerly 137.297]

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ORS 137.160 [Repealed by 1961 c.520 §1]

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ORS 137.167 Imprisonment when county jail is not suitable for safe confinement. Whenever it appears to the court that there is no sufficient jail of the proper county, as provided in ORS 137.330, suitable for the confinement of the defendant, the court may order the confinement of the defendant in the jail of an adjoining county or, if there is no sufficient and suitable jail in the adjoining county, then in the jail of any county in the state. [Formerly 137.140]

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ORS 137.170 Entry of judgment in criminal action. When judgment in a criminal action is given, the clerk shall enter the same in the register. If the judgment is upon a determination of conviction of an offense, the clerk shall state briefly in the register the offense for which the defendant was convicted. [Amended by 1959 c.638 §19; 1973 c.836 §264; 1985 c.540 §36; 1997 c.801 §65b]

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ORS 137.172 Entry of corrected judgment. (1) The trial court retains authority after entry of judgment of conviction or a supplemental judgment, including during the pendency of an appeal, to modify the judgment, including the sentence, to correct any arithmetic or clerical errors or to delete or modify any erroneous term in the judgment. The court may correct the judgment either on the motion of one of the parties or on the court’s own motion after written notice to all of the parties

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ORS 137.175 Judgment in criminal action that effects release of defendant; delivery to sheriff. Whenever a judgment in a criminal action will effect the immediate release of a defendant by discharge, probation, sentence to time served, or otherwise, the court shall cause the prompt delivery of a copy of the judgment to the sheriff no later than three calendar days after the judgment is entered. [1987 c.251 §3; 1991 c.111 §15; 1997 c.801 §65c]

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ORS 137.180 [Amended by 1987 c.709 §2; 1989 c.472 §5; 1995 c.658 §77; 1997 c.801 §62; 1999 c.1051 §126; repealed by 2003 c.576 §580]

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ORS 137.183 Interest on judgments; waiver; payments. (1)(a) Criminal judgments bear interest at the rate provided by ORS 82.010. Except as provided in paragraph (b) of this subsection, criminal judgments bear interest for a period of 20 years after the judgment is entered. Except as provided in paragraph (b) of this subsection, criminal judgments begin to accrue interest on the date the judgment is entered and do not bear interest after the expiration of the 20-year period

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ORS 137.190 [Repealed by 1959 c.558 §32 (137.220 enacted in lieu of 137.190)]

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ORS 137.200 [Repealed by 1971 c.743 §432]

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ORS 137.205 [1963 c.600 §12; 1967 c.372 §3; repealed by 1971 c.743 §432]

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ORS 137.210 Taxation of costs against complainant. (1) If it is found by any justice or court trying the action or hearing the proceeding that the prosecution is malicious or without probable cause, that fact shall be entered upon record in the action or proceeding by the justice or court

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ORS 137.212 Clerk to prepare trial court file. In every criminal proceeding, the clerk shall attach together and file in the office of the clerk, in the order of their filing, all the original papers filed in the court, whether before or after judgment, including but not limited to the indictment and other pleadings, demurrers, motions, affidavits, stipulations, orders, the judgment and the notice of appeal and undertaking on appeal, if any. [Formerly 137.220]

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ORS 137.218 Joint petition for reconsideration of conviction or sentence. (1)(a) Notwithstanding ORS 138.540, a person who was sentenced for a felony offense other than aggravated murder and the district attorney of the county in which the person was sentenced may jointly petition the sentencing court for reconsideration of a conviction or sentence if the original sentence no longer advances the interests of justice and the conviction is not eligible to be set aside under ORS 137.225. The petition shall specify each conviction to be reconsidered and the terms of the agreement between the district attorney and the person, which may include the dismissal of charges, the vacating of previous convictions, a plea to a new alternative offense, resentencing for the original conviction or sentencing on the new offense

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ORS 137.220 [1959 c.558 §33 (enacted in lieu of 137.190); renumbered 137.212 in 2021]

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ORS 137.221 Vacation of judgment of conviction for prostitution. (1) Notwithstanding ORS 138.540, a court may vacate a judgment of conviction for the crime of prostitution under ORS 167.007 or for violating a municipal prostitution ordinance as described in this section

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ORS 137.222 Motion for reduction of marijuana conviction offense classification; entry of amended judgment. (1)(a) Notwithstanding ORS 161.525, a person by motion may request the court to reduce the offense classification of a marijuana conviction as provided in this section

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ORS 137.223 Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order. (1) A person who has been found guilty except for insanity of an offense for which, if convicted, the person could apply for entry of an order setting aside the conviction pursuant to ORS 137.225, may by motion apply to the court for entry of an order setting aside the judgment finding the person guilty except for insanity of the offense

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ORS 137.224 Sealing of records related to drug enforcement misdemeanor. (1) Within 60 days of receiving verification from a deflection program coordinator that a person has completed a deflection program, after being referred to the program due to the alleged commission of unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, a law enforcement agency or district attorney shall seal all records related to the person’s participation in the program, the alleged conduct that resulted in the referral to the program and, if applicable, the citation for the offense and related criminal history records, and a court shall seal all electronic records that may have been created concerning the offense. Records sealed under this subsection are not subject to disclosure under ORS 192.311 to 192.478 or any other law

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ORS 137.225 Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations. (1)(a) At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion may apply to the court where the conviction or finding was entered for entry of an order setting aside the conviction or finding. A person who is still under supervision as part of the sentence for the offense that is the subject of the motion has not fully complied with or performed the sentence of the court

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ORS 137.226 Eligibility for order setting aside certain marijuana convictions. (1) Notwithstanding ORS 137.225 (1)(a), a defendant is eligible for an order setting aside a conviction for a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element after one year has elapsed from the date of entry of judgment of conviction if

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ORS 137.227 Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation. (1) After a defendant has been convicted of a crime, the court may cause the defendant to be evaluated to determine if the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The evaluation shall be conducted by an agency or organization designated under subsection (2) of this section

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ORS 137.228 Finding that defendant is alcoholic or drug-dependent person; effect. (1) When a defendant is sentenced for a crime, the court may enter a finding that the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The finding may be based upon any evidence before the court, including, but not limited to, the facts of the case, stipulations of the parties and the results of any evaluation conducted under ORS 137.227

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ORS 137.229 Duty of Department of Corrections. The Department of Corrections, to the extent that funds are available, shall expand existing and establish new treatment programs for alcohol and drug dependency that meet minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630 §4; 2011 c.673 §5]

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ORS 137.230 Definitions for ORS 137.260. As used in ORS 137.260, “conviction” or “convicted” means an adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction. [1961 c.412 §1; 1987 c.158 §20]

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ORS 137.240 [Formerly 421.110; 1973 c.56 §1; 1973 c.836 §266; 1974 c.36 §2; repealed by 1975 c.781 §10]

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ORS 137.250 [Formerly 421.112; 1973 c.836 §267; repealed by 1975 c.781 §10]

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ORS 137.260 Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged. Any person convicted of a felony prior to August 9, 1961, and subsequently discharged from probation, parole or imprisonment prior to or after August 9, 1961, is hereby restored to the political rights of the person. [1961 c.412 §4]

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ORS 137.270 Effect of felony conviction on property of defendant. No conviction of any person for crime works any forfeiture of any property, except in cases where the same is expressly provided by law; but in all cases of the commission or attempt to commit a felony, the state has a lien, from the time of such commission or attempt, upon all the property of the defendant for the purpose of satisfying any judgment which may be given against the defendant for any fine on account thereof and for the costs and disbursements in the proceedings against the defendant for such crime; provided, however, such lien shall not attach to such property as against a purchaser or incumbrancer in good faith, for value, whose interest in the property was acquired before the entry of the judgment against the defendant. [Formerly 137.460; 2003 c.576 §191]

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ORS 137.275 Effect of felony conviction on civil and political rights of felon. Except as otherwise provided by law, a person convicted of a felony does not suffer civil death or disability, or sustain loss of civil rights or forfeiture of estate or property, but retains all of the rights of the person, political, civil and otherwise, including, but not limited to, the right to vote, to hold, receive and transfer property, to enter into contracts, including contracts of marriage, and to maintain and defend civil actions, suits or proceedings. [1975 c.781 §1]

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ORS 137.280 [1975 c.781 §2; repealed by 1983 c.515 §1 (137.281 enacted in lieu of 137.280)]

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ORS 137.281 Withdrawal of rights during term of incarceration; restoration of rights. (1) In any felony case, when the defendant is sentenced to a term of incarceration, the defendant is deprived of all rights and privileges described in subsection (3) of this section from the date of sentencing until

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