Title 14, Procedure in Criminal Matters Generally

(1) The statutes that define offenses impose a duty upon the court having jurisdiction to pass sentence in accordance with this section or, for felonies committed on or after November 1, 1989, in accordance with rules of the Oregon Criminal Justice Commission unless otherwise spe…

If the court suspends the imposition or execution of a part of a sentence of, or imposes a sentence of probation on, any person convicted of violating or attempting to violate ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427, the court shall sentence t…

At the time of sentencing, the victim or the victim’s next of kin has the right to appear personally or by counsel, and has the right to reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim, and the need for restitution …

Except as otherwise specifically provided by law, all fines, costs, security deposits and other amounts ordered or required to be paid in criminal actions in circuit courts are monetary obligations payable to the state and shall be deposited in the Criminal Fine Account. [1981 s.…

(1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court shall appoint a time for pronouncing judgment. (2)(a) The time appointed shall be at leas…

For the purpose of giving judgment, if the conviction is for: (1) A felony, the defendant shall be personally present. (2) A misdemeanor, judgment may be given in the absence of the defendant. [Amended by 1993 c.581 §1; 1997 c.827 §1; 2005 c.566 §9]

If the defendant is in custody, the court shall: (1) Direct the officer in whose custody the defendant is to bring the defendant before the court for judgment and the officer shall do so accordingly; or (2) Ensure that arrangements for the defendant to appear for judgment by simu…

(1) If the defendant has been released on a release agreement or security deposit and does not appear for judgment when personal attendance is required by the court, the court may order a forfeiture of the security deposit as provided in ORS 135.280. In addition, if the defendant…

The bench warrant shall be substantially in the following form: ______________________________________________________________________________ CIRCUIT COURT FOR THE COUNTY OF ______, STATE OF OREGON IN THE NAME OF THE STATE OF OREGON To any peace officer in the State of Oregon, g…

The bench warrant mentioned in ORS 137.050 may issue to one or more counties of the state and may be served in the same manner as any other warrant of arrest issued by a magistrate. [Amended by 1973 c.836 §258]

(1) The judge in a criminal action shall ensure that the creation and filing of a judgment document complies with this section. On appeal, the appellate court may give leave as provided in ORS 19.270 for entry of a judgment document that complies with this section but may not rev…

When a person is convicted of a felony, a Class A misdemeanor or a sex crime, as defined in ORS 163A.005, the court shall ensure that the person’s fingerprints have been taken. The law enforcement agency attending upon the court is the agency responsible for obtaining the fingerp…

(1) This section applies to any person convicted of: (a) A felony; (b) Sexual abuse in the third degree or public indecency; (c) Conspiracy or attempt to commit rape in the third degree, sodomy in the third degree, sexual abuse in the second degree, burglary in the second degree …

The presentence report is not a public record and shall be available only to: (1) The sentencing court for the purpose of assisting the court in determining the proper sentence to impose and to other judges who participate in a sentencing council discussion of the defendant. The …

(1) A copy of the presentence report and all other written information concerning the defendant that the court considers in the imposition of sentence shall be made available to the district attorney, the defendant or defendant’s counsel at least five judicial days before the sen…

(1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, in a case where discretion is conferred upon the court as to the extent of the punishment to be inflicted, the court, upon the suggestion of either party t…

When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victim’s particular vulnerability to injury in such case, due to the victim’s youth, advanced age or physical disability. Such particular vuln…

(1) In determining aggravation or mitigation, the court shall consider: (a) Any evidence received during the proceeding; (b) The presentence report, where one is available; and (c) Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and relia…

If the defendant consents thereto, the defendant may be examined as a witness in relation to the circumstances which are alleged to justify aggravation or mitigation of the punishment; but if the defendant gives testimony at the request of the defendant, then the defendant must s…

(1) Whenever the court imposes a fine as penalty for the commission of a crime resulting in injury for which the person injured by the act constituting the crime has a remedy by civil action, unless the issue of punitive damages has been previously decided on a civil case arising…

Notwithstanding ORS 137.106, 137.108, 419C.450 and 811.706, upon collection, 50 percent of awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706 ordered to an insurance carrier shall be paid to the Depart…

As used in ORS 137.101 to 137.109: (1) “Criminal activities” means any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant. (2) “Economic damages”: (a) Has the meaning given that term in ORS 31.705, except that “economi…

(1) The trial court retains authority during the pendency of an appeal to determine restitution and to enter a supplemental judgment specifying the amount and terms of restitution or an order denying restitution. (2) If the trial court enters a supplemental judgment or an order u…

(1)(a) Except as provided in subsection (8) of this section, when a person is convicted of a crime, or a violation as described in ORS 153.008, that has resulted in economic damages, the district attorney shall investigate and present to the court, at the time of sentencing or as…

At any time after entry of a judgment upon conviction of a crime, the court may amend that part of the judgment relating to restitution if, in the original judgment, the court included language imposing, recommending or requiring restitution but failed to conform the judgment to …

(1) When a person has entered into a driving while under the influence of intoxicants diversion agreement and the person’s actions resulted in economic damages, the district attorney shall investigate and present to the court within 90 days of when the diversion agreement is ente…

(1) Nothing in ORS 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 limits or impairs the right of a person injured by a defendant’s commission of a crime, by a defendant’s commission of a violation described in ORS 153.008, or by a defendant’s commission of an …

(1) Judgments in criminal actions that impose monetary obligations, including judgments requiring the payment of fines, costs, assessments, compensatory fines, attorney fees, forfeitures or restitution, may be assigned by the state, by a municipal court or by a justice court for …

(1) Whenever any person is convicted of a felony committed prior to November 1, 1989, the court shall, unless it imposes other than a sentence to serve a term of imprisonment in the custody of the Department of Corrections, sentence such person to imprisonment for an indeterminat…

Notwithstanding any other provision of law, but subject to ORS 161.605, the maximum consecutive sentences which may be imposed for felonies committed on or after November 1, 1989, whether as terms of imprisonment, probation or both, shall be as provided by rules of the Oregon Cri…

(1) A sentence imposed by the court may be made concurrent or consecutive to any other sentence which has been previously imposed or is simultaneously imposed upon the same defendant. The court may provide for consecutive sentences only in accordance with the provisions of this s…

(1) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months: (a) The court shall not designate the correctional facility in which the defendant is to be confined but shall commit the defendant to the legal and physi…

As used in ORS 137.126 to 137.131: (1) “Community service” means uncompensated labor for an agency whose purpose is to enhance physical or mental stability, environmental quality or the social welfare. (2) “Agency” means a nonprofit organization or public body agreeing to accept …

(1) A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation. Prior to such order of community service the offender must consent to donate labor for the welfare of the public. The court or…

The length of a community service sentence shall be within these limits: (1) For a violation, not more than 48 hours. (2) For a misdemeanor other than driving under the influence of intoxicants in violation of ORS 813.010, not more than 160 hours. (3)(a) For a felony committed pr…

(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…

(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, mistrea…

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…

As used in ORS 137.145 to 137.159: (1) “Criminal judgment” means a judgment of conviction in a criminal action. (2) “Local court” means a justice or municipal court. [2013 c.685 §15]

(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 cou…

(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 …

(1) There are two types of Level I obligations in criminal judgments entered in circuit courts: (a) Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101. (b) Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution…

(1) There are two types of Level I obligations in criminal judgments entered in local courts: (a) Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101. (b) Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution u…

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. …

Level II obligations in criminal judgments entered in local courts include all fines and other monetary obligations payable to the state, a city or a county, after payment of the amount provided for in ORS 153.633 (2). [2013 c.685 §18; 2022 c.57 §8]

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

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]

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]

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

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