Title 14, Procedure in Criminal Matters Generally

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 …

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] Note: 137.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter…

(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 …

(1) When a court sentences a person convicted of: (a) Aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, burglary in the first degree under ORS 164.225 or aggravated identity theft under ORS 165.803, the presumptive sentence is 24 mo…

(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. (2) The court may impose a senten…

(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. (2)…

(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 l…

(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 Departmen…

(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 altern…

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: (1) The judgment was entered on or after December 5, 1996; …

(1) As used in this section: (a) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that: (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and (B) Seriously endangered th…

(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: (A) The defendant is convicted of a crime listed in ORS 137.765 (3); and (B) In the opinion of the court, there is…

(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…

(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 attor…

(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. (2) The Oregon Publi…

(1)(a) The Oregon Criminal Justice Commission shall administer the Justice Reinvestment Program described in this section to award grants to counties that establish a process to assess individuals involved in the criminal justice system and provide a continuum of community-based …

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 137.830 (9)(d) and…

(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 unde…

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 …

(1) The Oregon Law Enforcement Grant Program is established within the Oregon Criminal Justice Commission to support local law enforcement in Oregon. (2) The Oregon Law Enforcement Grant Program consists of grants awarded to cities and counties by the commission in the following …

(1) The Organized Retail Theft Grant Program is established to assist: (a) Cities and counties with the costs incurred by local law enforcement agencies in addressing organized retail theft; and (b) The Department of Justice with costs incurred by the department in addressing org…

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 …

(1) The Oregon Criminal Justice Commission shall establish a program to award grants to public and private entities for restorative justice programs. (2) The commission shall adopt rules to administer the grant program described in subsection (1) of this section. The rules must: …