ORS § 147.227 — OR Code / Title 14 / Chapter 147 / Section 147.227
147.227 Disbursement of moneys to be used for victims’ assistance programs
Status: in_force

(1) The Attorney General shall disburse a portion of the moneys that the Criminal Injuries Compensation Account receives from the Criminal Fine Account to counties and cities where prosecuting attorneys maintain victims’ assistance programs approved by the Attorney General. Upon receipt of the moneys, the counties and cities shall provide the moneys to the prosecuting attorney therein to be used exclusively for the approved victims’ assistance program.

(2) To qualify for approval by the Attorney General under this section, a victims’ assistance program must:

(a) Be administered by the district attorney of the county or city attorney of the city;

(b) Provide services to victims of all crimes;

(c) Give service priority to victims of serious crimes against persons;

(d) Collaborate with community-based and government agencies to benefit victims; and

(e) Provide the following core services to victims of crime:

(A) Inform victims, as soon as practicable, of the rights granted to victims under Oregon law.

(B) Advocate for victims of serious person crimes as they move through the criminal justice system and advocate, when requested, for all other victims of crime.

(C) Involve victims, when practicable or legally required, in the decision-making process in the criminal justice system.

(D) Ensure that victims are informed, upon request, of the status of the criminal case involving the victim.

(E) Assist victims in preparing and submitting crime victims’ compensation program claims to the Department of Justice under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) .

(F) Assist victims in preparing restitution documentation for purposes of obtaining a restitution order.

(G) Prepare victims for court hearings by informing them of the procedures involved.

(H) Assist victims with the logistics related to court appearances when practicable and requested.

(I) Accompany victims to court hearings when practicable and requested.

(J) Encourage and facilitate victims’ testimony.

(K) Inform victims of the processes necessary to request the return of property held as evidence.

(3) If a victims’ assistance program substantially complies with subsection (2) of this section and the Attorney General determines that it would be impracticable for the program to achieve full compliance, the Attorney General may approve the program on a temporary basis, subject to conditions the Attorney General deems appropriate.

(4) The Attorney General shall adopt administrative rules:

(a) Establishing criteria for the equitable distribution of moneys disbursed under subsection (1) of this section among participating cities and counties; and

(b) Establishing an advisory committee to provide consultation on the distribution of the moneys. The advisory committee shall consist of at least the following members:

(A) A representative of the Department of Justice;

(B) A representative of the Oregon District Attorneys Association; and

(C) A representative of a prosecuting attorney’s victim assistance program.

(5) As used in this section, “Attorney General” includes a designee of the Attorney General. [1987 c.905 §11; 1997 c.872 §30; 2001 c.829 §4; 2005 c.700 §7; 2007 c.24 §1; 2009 c.176 §1; 2011 c.597 §126]

Source: Section 147.227 — Disbursement of moneys to be used for victims’ assistance programs; qualifications; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.343 — OR Code / Title 14 / Chapter 144 / Section 144.343
144.343 Hearing required on revocation
Status: in_force

(1) When the State Board of Parole and Post-Prison Supervision or its designated representative has been informed and has reasonable grounds to believe that a person under its jurisdiction has violated a condition of parole and that revocation of parole may be warranted, the board or its designated representative shall conduct a hearing as promptly as convenient to determine whether there is probable cause to believe a violation of one or more of the conditions of parole has occurred and also conduct a parole violation hearing if necessary. Evidence received and the order of the court at a preliminary hearing under ORS 135.070 (Informing defendant as to charge, right to counsel, use of statement and preliminary hearing) to 135.225 (Forwarding of papers by magistrate) may be used by the board to determine the existence of probable cause. A waiver by the defendant of any preliminary hearing shall also constitute a waiver of probable cause hearing by the board. The location of the hearing shall be reasonably near the place of the alleged violation or the place of confinement.

(2) The board may:

(a) Reinstate or continue the alleged violator on parole subject to the same or modified conditions of parole;

(b) Revoke parole and require that the parole violator serve the remaining balance of the sentence as provided by law;

(c) Impose sanctions as provided in ORS 144.106 (Violation of post-prison supervision conditions) ; or

(d) Delegate the authority, in whole or in part, granted by this subsection to its designated representative as provided by rule.

(3) Within a reasonable time prior to the hearing, the board or its designated representative shall provide the parolee with written notice which shall contain the following information:

(a) A concise written statement of the suspected violations and the evidence which forms the basis of the alleged violations.

(b) The parolee’s right to a hearing and the time, place and purpose of the hearing.

(c) The names of persons who have given adverse information upon which the alleged violations are based and the right of the parolee to have such persons present at the hearing for the purposes of confrontation and cross-examination unless it has been determined that there is good cause for not allowing confrontation.

(d) The parolee’s right to present letters, documents, affidavits or persons with relevant information at the hearing unless it has been determined that informants would be subject to risk of harm if their identity were disclosed.

(e) The parolee’s right to subpoena witnesses under ORS 144.347 (Subpoena power of board) .

(f) The parolee’s right to be represented by counsel and, if indigent, to have counsel appointed at board expense if the board or its designated representative determines, after request, that the request is based on a timely and colorable claim that:

(A) The parolee has not committed the alleged violation of the conditions upon which the parolee is at liberty;

(B) Even if the violation is a matter of public record or is uncontested, there are substantial reasons which justify or mitigate the violation and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present; or

(C) The parolee, in doubtful cases, appears to be incapable of speaking effectively on the parolee’s own behalf.

(g) That the hearing is being held to determine:

(A) Whether there is probable cause to believe a violation of one or more of the conditions of parole has occurred; and

(B) If there is probable cause to believe a violation of one or more of the conditions of parole has occurred:

(i) Whether to reinstate parole;

(ii) Whether to continue the alleged violator on parole subject to the same or modified conditions of parole; or

(iii) Whether to revoke parole and require that the parole violator serve a term of imprisonment consistent with ORS 144.346 (Parole revocation sanctions) .

(4) At the hearing the parolee shall have the right:

(a) To present evidence on the parolee’s behalf, which shall include the right to present letters, documents, affidavits or persons with relevant information regarding the alleged violations;

(b) To confront witnesses against the parolee unless it has been determined that there is good cause not to allow confrontation;

(c) To examine information or documents which form the basis of the alleged violation unless it has been determined that informants would be subject to risk of harm if their identity is disclosed; and

(d) To be represented by counsel and, if indigent, to have counsel provided at board expense if the request and determination provided in subsection (3)(f) of this section have been made. If an indigent’s request is refused, the grounds for the refusal shall be succinctly stated in the record.

(5) Within a reasonable time after the preliminary hearing, the parolee shall be given a written summary of what transpired at the hearing, including the board’s or its designated representative’s decision or recommendation and reasons for the decision or recommendation and the evidence upon which the decision or recommendation was based. If an indigent parolee’s request for counsel at board expense has been made in the manner provided in subsection (3)(f) of this section and refused, the grounds for the refusal shall be succinctly stated in the summary.

(6) Intentionally left blank —Ed.

(a) The parolee may admit or deny the violation without being physically present at the hearing if the parolee appears before the board or its designee by means of simultaneous television transmission allowing the board to observe and communicate with the parolee and the parolee to observe and communicate with the board or by telephonic communication allowing the board to communicate with the parolee and the parolee to communicate with the board.

(b) Notwithstanding paragraph (a) of this subsection, appearance by simultaneous television transmission or telephonic communication shall not be permitted unless the facilities used enable the parolee to consult privately with counsel during the proceedings.

(7) If the board or its designated representative has determined that there is probable cause to believe that a violation of one or more of the conditions of parole has occurred, the hearing shall proceed to receive evidence from which the board may determine whether to reinstate or continue the alleged parole violator on parole subject to the same or modified conditions of parole or revoke parole and require that the parole violator serve a term of imprisonment as provided by ORS 144.346 (Parole revocation sanctions) .

(8) At the conclusion of the hearing if probable cause has been determined and the hearing has been held by a member of the board or by a designated representative of the board, the person conducting the hearing shall transmit the record of the hearing, together with a proposed order including findings of fact, recommendation and reasons for the recommendation to the board. The parolee or the parolee’s representative shall have the right to file exceptions and written arguments with the board. The right to file exceptions and written arguments may be waived. After consideration of the record, recommendations, exceptions and arguments a quorum of the board shall enter a final order including findings of fact, its decision and reasons for the decision. [1973 c.694 §13; 1977 c.375 §2; 1981 c.644 §7; 1987 c.158 §20a; 1987 c.803 §17; 1989 c.790 §42a; 1991 c.836 §2; 1993 c.581 §3; 1997 c.313 §12; 2009 c.178 §30; 2010 c.89 §13]

Source: Section 144.343 — Hearing required on revocation; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.102 — OR Code / Title 14 / Chapter 144 / Section 144.102
144.102 Conditions of post-prison supervision
Status: repealed

"Requiring people on supervision to avoid others with criminal legal system contact can actually hinder their success in the community. We found that it’s common…" Bibliographic info

(1) The State Board of Parole and Post-Prison Supervision or local supervisory authority responsible for correctional services for a person shall specify in writing the conditions of post-prison supervision imposed under ORS 144.096 (Release plan) . A copy of the conditions must be given to the person upon release from prison or jail.

(2) The board or the supervisory authority shall determine, and may at any time modify, the conditions of post-prison supervision, which may include, among other conditions, that the person shall:

(a) Comply with the conditions of post-prison supervision as specified by the board or supervisory authority.

(b) Be under the supervision of the Department of Corrections and its representatives or other supervisory authority and abide by their direction and counsel.

(c) Answer all reasonable inquiries of the board, the department or the supervisory authority.

(d) Report to the parole officer as directed by the board, the department or the supervisory authority.

(e) Not own, possess or be in control of any weapon.

(f) Respect and obey all municipal, county, state and federal laws, and in circumstances in which state and federal law conflict, obey state law.

(g) Understand that the board or supervisory authority may, at its discretion, punish violations of post-prison supervision.

(h) Attend a victim impact treatment session in a county that has a victim impact program.

(i) For crimes constituting delivery of a controlled substance, as those terms are defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) , or for telephonic harassment under ORS 166.090 (Telephonic harassment) , or for crimes involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , be prohibited from using Internet websites that provide anonymous text message services.

(3) If the person is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , the board or supervisory authority shall include as a condition of post-prison supervision that the person report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:

(a) When supervision begins;

(b) Within 10 days of a change in residence;

(c) Once each year within 10 days of the person’s date of birth;

(d) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(e) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(4) Intentionally left blank —Ed.

(a) The board or supervisory authority may establish special conditions that the board or supervisory authority considers necessary because of the individual circumstances of the person on post-prison supervision.

(b) If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , the board or supervisory authority shall include all of the following as special conditions of the person’s post-prison supervision:

(A) Agreement to comply with a curfew set by the board, the supervisory authority or the supervising officer.

(B) A prohibition against contacting a person under 18 years of age without the prior written approval of the board, supervisory authority or supervising officer.

(C) A prohibition against being present more than one time, without the prior written approval of the board, supervisory authority or supervising officer, at a place where persons under 18 years of age regularly congregate.

(D) In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board, supervisory authority or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.

(E) A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.

(F) Entry into and completion of or successful discharge from a sex offender treatment program approved by the board, supervisory authority or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.

(G) A prohibition against direct or indirect contact with the victim, unless approved by the victim, the person’s treatment provider and the board, supervisory authority or supervising officer.

(H) Unless otherwise indicated for the treatment required under subparagraph (F) of this paragraph, a prohibition against viewing, listening to, owning or possessing sexually stimulating visual or auditory materials that are relevant to the person’s deviant behavior.

(I) Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board or supervisory authority if the representative has reasonable grounds to believe that evidence of a violation of a condition of post-prison supervision will be found.

(J) Participation in random polygraph examinations to obtain information for risk management and treatment. The person is responsible for paying the expenses of the examinations. The results of a polygraph examination under this subparagraph may not be used in evidence in a hearing to prove a violation of post-prison supervision.

(K) Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board, supervisory authority or supervising officer.

(L) A prohibition against using a post-office box unless approved by the board, supervisory authority or supervising officer.

(M) A prohibition against residing in a dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board, supervisory authority or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or the director of the supervisory authority, or a designee of the board or director. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety.

(c) Intentionally left blank —Ed.

(A) If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , or an assault, as defined in ORS 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree) , and the victim was under 18 years of age, the board or supervisory authority, if requested by the victim, shall include as a special condition of the person’s post-prison supervision that the person not reside within three miles of the victim unless:

(i) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (7) of this section;

(ii) The person demonstrates to the board or supervisory authority by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

(iii) The person demonstrates to the board or supervisory authority by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the post-prison supervision; or

(iv) The person resides in a halfway house.

(B) A victim may request imposition of the special condition of post-prison supervision described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim’s request may be included in the judgment document.

(C) If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to within three miles of the person’s residence, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.

(d) Intentionally left blank —Ed.

(A) If a person is on post-prison supervision following conviction of stalking under ORS 163.732 (Stalking) (2)(b) or violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order) (2)(b), the board or supervisory authority may include as a special condition of the person’s post-prison supervision reasonable residency restrictions.

(B) If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to a location that causes the person to be in violation of the special condition of post-prison supervision, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.

(5) Intentionally left blank —Ed.

(a) The board or supervisory authority may require the person to pay, as a condition of post-prison supervision, compensatory fines, restitution or attorney fees:

(A) As determined, imposed or required by the sentencing court; or

(B) When previously required as a condition of any type of supervision that is later revoked.

(b) The board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person:

(A) Was ordered to pay restitution as a result of another conviction; and

(B) Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered.

(6) A person’s failure to apply for or accept employment at a workplace where there is a labor dispute in progress does not constitute a violation of the conditions of post-prison supervision.

(7) Intentionally left blank —Ed.

(a) When a person is released from imprisonment on post-prison supervision, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.

(b) If the person was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county where the person resided at the time of the offense that resulted in the imprisonment.

(c) For purposes of paragraph (b) of this subsection:

(A) The board shall determine the county where the person resided at the time of the offense by examining records such as:

(i) An Oregon driver license, regardless of its validity;

(ii) Records maintained by the Department of Revenue;

(iii) Records maintained by the Department of State Police;

(iv) Records maintained by the Department of Human Services;

(v) Records maintained by the Department of Corrections; and

(vi) Records maintained by the Oregon Health Authority.

(B) If the person did not have an identifiable address at the time of the offense, or the address cannot be determined, the person is considered to have resided in the county where the offense occurred.

(C) If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.

(D) In determining the person’s county of residence, the board may not consider offenses committed by the person while the person was incarcerated in a Department of Corrections facility.

(d) Upon motion of the board, the supervisory authority, the person, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:

(A) The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;

(B) The person is found to pose a significant danger to a victim of the person’s crime residing in the county of residence, or a victim or victim’s family residing in the county of residence is found to pose a significant danger to the person;

(C) The person has a spouse or biological or adoptive family residing in a county other than the county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the post-prison supervision;

(D) As another condition of post-prison supervision, the person is required to participate in a treatment program that is not available in the county of residence;

(E) The person requests release to another state; or

(F) The board finds other good cause for the waiver.

(e) The board shall consider eligibility for transitional housing programs and residential treatment programs when determining whether to waive the residency condition under paragraph (b) of this subsection, and the acceptance of the person into a transitional housing program or a residential treatment program constitutes good cause as described in paragraph (d)(F) of this subsection.

(8) As used in this section:

(a) “Attends,” “carries on a vocation,” “institution of higher education” and “works” have the meanings given those terms in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) .

(b) Intentionally left blank —Ed.

(A) “Dwelling” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118) .

(B) “Dwelling” does not mean a residential treatment facility or a halfway house.

(c) “Halfway house” means a residential facility that provides rehabilitative care and treatment for sex offenders.

(d) “Labor dispute” has the meaning given that term in ORS 662.010 (Labor disputes) . [1989 c.790 §32a; 1991 c.597 §1; 1995 c.423 §23; 1997 c.525 §8; 1997 c.526 §1; 1999 c.474 §1; 1999 c.626 §12; amendments by 1999 c.626 §35 repealed by 2001 c.884 §1; 2001 c.731 §§1,2; 2005 c.532 §1; 2005 c.567 §9; 2005 c.576 §2; 2005 c.642 §2a; 2007 c.71 §37; 2009 c.204 §6; 2009 c.595 §99; 2009 c.713 §12; 2011 c.258 §1; 2011 c.547 §30; 2017 c.438 §3; 2017 c.670 §4; 2017 c.689 §2; 2021 c.653 §6; 2022 c.78 §11]

Note: See second note under 144.096 (Release plan) .

Source: Section 144.102 — Conditions of post-prison supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 146.045 — OR Code / Title 14 / Chapter 146 / Section 146.045
146.045 Duties of Chief Medical Examiner
Status: in_force

(1) After consultation with the State Medical Examiner Advisory Board, the Chief Medical Examiner shall appoint each Deputy State Medical Examiner.

(2) The Chief Medical Examiner shall:

(a) Appoint and discharge each district medical examiner as provided by ORS 146.065 (Local medical examiners) (2).

(b) Designate those pathologists authorized to perform autopsies under ORS 146.117 (Autopsies) (2).

(c) Approve those laboratories authorized to perform the analyses required under ORS 146.113 (Authority to order removal of body fluids) (2).

(3) The Chief Medical Examiner may:

(a) Assume control of a death investigation in cooperation with the district attorney.

(b) Order an autopsy in a death requiring investigation.

(c) Certify the cause and manner of a death requiring investigation.

(d) Amend a previously completed report on a death requiring investigation.

(e) Order a body exhumed in a death requiring investigation.

(f) Designate a Deputy State Medical Examiner as Acting Chief Medical Examiner.

(g) After a reasonable and thorough investigation, complete and file a report of death for a person whose body is not found.

(4) Distribution of moneys from the Chief Medical Examiner’s budget for partial reimbursement of each county’s autopsy expenditures shall be made subject to approval of the Chief Medical Examiner.

(5) Within 45 days of receipt of information that a person is missing at sea and presumed dead, the Chief Medical Examiner shall determine whether the information is credible and, if so, complete and file a report of death for the person presumed dead. If the information is determined not to be credible, the Chief Medical Examiner may continue the death investigation.

(6) Intentionally left blank —Ed.

(a) If the Search and Rescue Coordinator and a county sheriff investigate a person missing in the wilderness or a forested environment and determine that the person is believed to be deceased, the sheriff shall send documentation of the investigation and determination to the Chief Medical Examiner.

(b) Within seven days after receiving documentation under paragraph (a) of this subsection, the Chief Medical Examiner shall evaluate the credibility of the investigation and the determination that the person is believed to be deceased.

(c) If the Chief Medical Examiner, based on the evaluation under paragraph (b) of this subsection and the Chief Medical Examiner’s field of expertise, determines that there is no reasonable suspicion that the person is not deceased, the Chief Medical Examiner shall complete and file a report of death for the person believed to be deceased within 45 days after making the determination.

(d) Intentionally left blank —Ed.

(A) If the Chief Medical Examiner, based on the evaluation under paragraph (b) of this subsection and the Chief Medical Examiner’s field of expertise, determines that there is a reasonable suspicion that the person is not deceased, the Chief Medical Examiner shall report to the sheriff with the basis for the determination and a list of any missing information that would aid the Chief Medical Examiner in evaluating the credibility of the investigation and the determination that the person is believed to be deceased.

(B) Upon receiving a report under subparagraph (A) of this paragraph, the sheriff shall make a reasonable effort to provide the missing information listed by the Chief Medical Examiner.

(C) After issuing a report under this paragraph, the Chief Medical Examiner shall continue the death investigation in conjunction with the sheriff and the Search and Rescue Coordinator until the sheriff issues a final report on the missing person. If, at any time, the Chief Medical Examiner determines, based on the Chief Medical Examiner’s field of expertise, that there is no reasonable suspicion that the person is not deceased, the Chief Medical Examiner shall complete and file a report of death for the person believed to be deceased within 45 days after making the determination. [1973 c.408 §5; 2005 c.90 §1; 2013 c.366 §66; 2017 c.151 §7; 2019 c.435 §1]

Source: Section 146.045 — Duties of Chief Medical Examiner; persons missing at sea, in wilderness or in forested environment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.060 — OR Code / Title 14 / Chapter 137 / Section 137.060
137.060 Form of bench warrant
Status: in_force

The bench warrant shall be substantially in the following form:

To any peace officer in the State of Oregon, greeting:

A B having been on the ______ day of ______, 2___, convicted in this court of the crime of (designating it generally), you are commanded to arrest the above-named defendant forthwith and bring the defendant before such court for judgment or, if the court has adjourned, deliver the defendant into the custody of the jailor of this county. By order of the court.

Witness my hand and seal of said circuit court, affixed at ______, in said county, this ______ day of ______, 2___.

[L. S.]

C D, Clerk of the Court

[Amended by 1957 c.659 §1; 1971 c.423 §1; 2015 c.212 §16]

Source: Section 137.060 — Form of bench warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.616 — OR Code / Title 14 / Chapter 136 / Section 136.616
136.616 Deposition to perpetuate testimony
Status: in_force

(1) As used in this section, “material witness order” has the meaning given that term in ORS 136.608 (Application procedure) .

(2) At any time after the court enters a material witness order, the court may order, or the district attorney or the defendant may file a petition to conduct, a deposition to perpetuate the testimony of the material witness.

(3) Intentionally left blank —Ed.

(a) The petition must be in writing and sworn to by the petitioner.

(b) The petitioner shall serve a notice and a copy of the petition on the opposing party and on the material witness.

(4) A petition filed under this section must describe:

(a) The basis on which the court entered the material witness order;

(b) Any findings made by the court in establishing the security amount under ORS 136.612 (Hearing) ;

(c) Any findings made by the court in detaining the material witness; and

(d) The reasons that perpetuating the testimony of the material witness is necessary.

(5) The court shall grant or deny the petition no later than 30 days after the date the petition is filed. The court shall consider whether the perpetuation of the testimony will prevent failure or delay of justice for the parties and the material witness. If the court orders the deposition of the material witness, the court may specify the subject matter of the deposition, impose limitations on the deposition and require audio or video recording of the deposition.

(6) The deposition of a material witness under this section does not invalidate or otherwise affect the material witness order, but may be considered in connection with an application to vacate or modify the order under ORS 136.612 (Hearing) (5).

(7) The Oregon Evidence Code applies to depositions under this section. [2015 c.623 §7]

Note: 136.616 (Deposition to perpetuate testimony) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 136.616 — Deposition to perpetuate testimony; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.686 — OR Code / Title 14 / Chapter 137 / Section 137.686
137.686 Organized Retail Theft Grant Program
Status: repealed

(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;

(b) The Department of State Police with costs incurred by the department in addressing organized retail theft; and

(c) Community-based organizations in addressing organized retail theft.

(2) The Oregon Criminal Justice Commission shall administer the grant program described in subsection (1) of this section and shall award the grants described in this section.

(3) The commission shall adopt rules to administer the grant program. Rules adopted under this section must include:

(a) A methodology for reviewing and approving grant applications and awarding grants; and

(b) A process for evaluating the efficacy of programs and services funded by the grant program.

(4) Moneys distributed to grant recipients under this section must be spent on costs associated with addressing and prosecuting organized retail theft.

(5) The commission shall establish three categories of grants under this section as follows:

(a) Grants awarded, on a competitive basis, to cities and counties;

(b) Grants awarded, on a competitive basis, to community-based organizations; and

(c) Grants awarded to the department. [2023 c.582 §1]

Note: 137.686 (Organized Retail Theft Grant Program) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to

Justice Reinvestment Program)

Note: Sections 52, 53 and 56, chapter 649, Oregon Laws 2013, provide:

Sec. 52. The Justice Reinvestment Account is established, 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 making grants to counties in accordance with section 53 of this 2013 Act. [2013 c.649 §52]

Sec. 53. (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.

(b) Notwithstanding paragraph (a) of this subsection, no less than 10 percent of grant funds awarded under this section must be distributed to community-based nonprofit organizations that provide services to victims of crime, with priority given to culturally specific organizations and culturally responsive services.

(2) The Justice Reinvestment Grant Review Committee is established, consisting of the following members:

(a) The Governor shall appoint the following seven members:

(A) One member shall be a district attorney.

(B) One member shall be a county sheriff.

(C) One member shall be a chief of police.

(D) One member shall be a county commissioner.

(E) One member shall be a community corrections director who is not a sheriff.

(F) Two members shall be representatives of community-based organizations that provide services for underserved racial, ethnic or minority communities.

(b) The Chief Justice of the Supreme Court shall appoint one nonvoting member who is a judge.

(c) The President of the Senate shall appoint two nonvoting members from among members of the Senate.

(d) The Speaker of the House of Representatives shall appoint two nonvoting members from among members of the House of Representatives.

(3) Intentionally left blank —Ed.

(a) A majority of the voting members of the committee constitutes a quorum for the transaction of business.

(b) The committee shall elect one of its members to serve as chairperson.

(c) If there is a vacancy for any cause, the appointing authority shall make an appointment to become effective immediately.

(d) The committee shall meet at times and places specified by the call of the chairperson or a majority of the voting members of the committee.

(e) Legislative members of the committee shall be entitled to payment of compensation and expenses under ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

(4) Intentionally left blank —Ed.

(a) An application for a grant described in this section must be submitted by a local public safety coordinating council convened under ORS 423.560 (Local public safety coordinating council) .

(b) The grant application must include a statement of commitment, from the relevant stakeholders of the service or program for which the county is requesting funding and including the district attorney, presiding judge and community corrections director, to reduce recidivism and decrease the county’s utilization of imprisonment in Department of Corrections facilities while protecting public safety and holding offenders accountable.

(5) Intentionally left blank —Ed.

(a) During a grant application period established by the commission, the proportion of grant funds available to each county shall be determined in accordance with the formula used to distribute baseline funding under ORS 423.483 (Baseline funding) .

(b) At the conclusion of the grant application period, the commission shall award grants in accordance with rules adopted by the commission. If unallocated funds remain at the conclusion of the grant acceptance period, the commission may establish a supplemental grant period and distribute the unallocated funds.

(6) Intentionally left blank —Ed.

(a) The commission shall regularly evaluate the community-based sanctions, services and programs funded under this section. The commission shall specifically assess the extent to which each county is reducing utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717 (Presumptive sentences for certain property offenders) , 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) , 811.182 (Criminal driving while suspended or revoked) , 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants) .

(b) The commission shall report the results of an evaluation conducted under this section to a committee of the Legislative Assembly related to the judiciary.

(7) Intentionally left blank —Ed.

(a) Before applying for grant funds to administer a community-based program described in subsection (10)(a)(D) of this section, the county must obtain the consent of the presiding judge of the judicial district in which the county is located.

(b) A grant application to administer a community-based program described in subsection (10)(a)(D) of this section must include the costs of appointed counsel.

(8) After consulting with the Justice Reinvestment Grant Review Committee, the commission shall adopt rules to administer the Justice Reinvestment Program. The rules must include:

(a) A methodology for reviewing and approving grant applications and distributing grant funds. Rules described in this paragraph must provide the Justice Reinvestment Grant Review Committee with the ability to approve grant applications for submission for final approval by the commission. The commission may either approve the grant application or return the application for reconsideration by the committee.

(b) A process for evaluating the efficacy of community-based sanctions, services and programs funded under this section.

(c) A requirement that the grant review committee consider, when approving grant applications, each county’s historical reduction of utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717 (Presumptive sentences for certain property offenders) , 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) , 811.182 (Criminal driving while suspended or revoked) , 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants) .

(d) Provisions allowing the grant review committee to submit to the commission, and the commission to approve, provisional funding plans for counties applying for grants under this section.

(9) Intentionally left blank —Ed.

(a) If a county does not reduce utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717 (Presumptive sentences for certain property offenders) , 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) , 811.182 (Criminal driving while suspended or revoked) , 813.010 (Driving under the influence of intoxicants) or 813.011 (Felony driving under the influence of intoxicants) , upon request of the grant review committee, the commission shall decline to grant the full grant amount requested by a county, provide technical assistance, withhold approved grant funds or terminate further distribution of the grant award.

(b) If the commission takes an action described in paragraph (a) of this subsection, any remaining moneys may be redistributed by the commission through a supplemental grant program. Priority shall be given to counties funding programs for historically underserved communities including rural communities, racial, ethnic and minority communities and tribal communities. Rural counties may apply for supplemental grants in cooperation with other rural counties.

(10) As used in this section:

(a) “Community-based program” includes:

(A) Work release programs;

(B) Structured, transitional leave programs;

(C) Evidence-based programs designed to reduce recidivism that include the balanced administration of sanctions, supervision and treatment;

(D) Administering a reentry court under section 29, chapter 649, Oregon Laws 2013; and

(E) Specialty courts aimed at medium-risk and high-risk offenders.

(b) “County” includes a regional collection of counties.

(c) “Culturally responsive service” means a service that is respectful of, and relevant to, the beliefs, practices, cultures and linguistic needs of diverse consumer or client populations and communities whose members identify as having particular cultural or linguistic affiliations by virtue of their place of birth, ancestry or ethnic origin, religion, preferred language or language spoken at home. A culturally responsive service has the capacity to respond to the issues of diverse communities and require knowledge and capacity at systemic, organizational, professional and individual levels of intervention.

(d) “Culturally specific organization” means an organization, or a program within an organization, that serves a particular cultural community, that is primarily staffed and led by members of that community and that demonstrates self-advocacy, positive cultural identity and intimate knowledge of the lived experience of the community, including but not limited to:

(A) The impact of structural and individual racism or discrimination on the community;

(B) Specific disparities in access to services and resources experienced by the community; and

(C) Community strengths, cultural practices, beliefs and traditions. [2013 c.649 §53; 2013 c.649 §54; 2019 c.598 §1; 2022 c.78 §18]

Sec. 56. Sections 52 and 53, chapter 649, Oregon Laws 2013, are repealed on July 1, 2033. [2013 c.649 §56; 2022 c.78 §19; 2023 c.572 §1]

Note: Sections 15, 16a and 17, chapter 78, Oregon Laws 2022, provide:

Sec. 15. (1) The Oregon Criminal Justice Commission shall distribute the moneys received pursuant to section 14 of this 2022 Act to the Northwest Health Foundation Fund II to fund the Justice Reinvestment Equity Program. The program shall consist of the provision of subgrants and technical assistance by the Northwest Health Foundation Fund II to culturally specific organizations and culturally responsive service providers for the following purposes:

(a) Mental health and substance use disorder treatment;

(b) Maternal health services;

(c) Trauma-informed restorative justice services;

(d) Violence reduction programs, including but not limited to violence interruption mentors or after-school programs focused on art, music, theater or dance;

(e) Crisis intervention without police involvement;

(f) Reentry programs that are connected to education, workforce development and transitional supports;

(g) Long-term supportive housing;

(h) Support for setting aside conviction records;

(i) Pretrial release support;

(j) Services for victims, including incarcerated victims or victims on pretrial release;

(k) Programs for persons, and families of persons, who are currently or were formerly incarcerated;

(L) Programs designed to reduce recidivism and reduce contact with the criminal justice system;

(m) Programs for persons who have been impacted by police violence, either directly or through a family member; or

(n) Planning grants and technical assistance to support the development of new culturally specific services, or to strengthen existing services, that are aligned with the other purposes described in this subsection.

(2) Recognizing that systemic racism exists within this state and within the criminal justice system, and that culturally specific organizations and culturally responsive services must be expanded to address those disparities, the purpose of the Justice Reinvestment Equity Program is to promote racial equity, reduce racial disparities, reduce recidivism and decrease a county’s utilization of imprisonment in a Department of Corrections institution, all while protecting public safety and holding offenders accountable.

(3) Notwithstanding subsection (1) of this section, up to three percent of funds distributed under this section may be used by the Northwest Health Foundation Fund II for administrative costs.

(4) The Oregon Criminal Justice Commission may adopt rules to carry out the provisions of this section.

(5) As used in this section:

(a) “Administrative costs” means all costs incurred throughout the administration of the Justice Reinvestment Equity Program that are not directly related to the delivery of program services or projects.

(b) “Culturally responsive service” means a service that is respectful of, and relevant to, the beliefs, practices, cultures and linguistic needs of diverse consumer or client populations and communities whose members identify as having particular cultural or linguistic affiliations by virtue of their place of birth, ancestry or ethnic origin, religion, preferred language or language spoken at home. A culturally responsive service has the capacity to respond to the issues of diverse communities and require knowledge and capacity at systemic, organizational, professional and individual levels of intervention.

(c) “Culturally specific organization” means an organization, or a program within an organization, that serves a particular cultural community, that is primarily staffed and led by members of that community and that demonstrates self-advocacy, positive cultural identity and intimate knowledge of the lived experience of the community, including but not limited to:

(A) The impact of structural and individual racism or discrimination on the community;

(B) Specific disparities in access to services and resources experienced by the community; and

(C) Community strengths, cultural practices, beliefs and traditions. [2022 c.78 §15]

Sec. 16a. (1) The Oregon Criminal Justice Commission shall evaluate the implementation of the Justice Reinvestment Equity Program and monitor the progress of subgrants provided by the Northwest Health Foundation Fund II under section 15 of this 2022 Act.

(2) The commission shall convene a stakeholder group to assist with the evaluation described in subsection (1) of this section. The group must be composed of culturally diverse persons with expertise in culturally responsive evaluations, persons with expertise in criminal justice issues and subgrantees receiving funds under section 15 of this 2022 Act.

(3) The evaluator conducting the evaluation described in subsection (1) of this section must have expertise in racial equity, facilitation of community-based participatory evaluation methods and demonstrated experience with facilitating inclusive processes with diverse communities.

(4) No later than September 30, 2024, the commission shall provide a report detailing the progress of the evaluation described in subsection (1) of this section to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature) , and shall include recommendations for additional evaluation needs. [2022 c.78 §16a]

Sec. 17. Section 16a of this 2022 Act is repealed on January 2, 2025. [2022 c.78 §17]

(Temporary provisions relating to

Safety and Savings Act)

Note: Sections 1, 10 and 14, chapter 673, Oregon Laws 2017, provide:

Sec. 1. Sections 7 to 10 [section 9 was repealed and section 5, chapter 98, Oregon Laws 2018, was enacted in lieu thereof] of this 2017 Act, the amendments to ORS 137.717 (Presumptive sentences for certain property offenders) and 421.168 (Transitional leave) and section 1, chapter 830, Oregon Laws 2015, by sections 2, 4, 5 and 6 of this 2017 Act and the repeal of section 16, chapter 649, Oregon Laws 2013, by section 3 of this 2017 Act shall be known and may be cited as the Safety and Savings Act. [2017 c.673 §1]

Sec. 10. The Oregon Criminal Justice Commission shall study the impact of this 2017 Act [chapter 673, Oregon Laws 2017] on prison utilization, recidivism and public safety and report the results of the study to the interim committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS 192.245 (Form of report to legislature) , no later than February 1 of each year. [2017 c.673 §10]

Sec. 14. Section 10, chapter 673, Oregon Laws 2017, is repealed on January 2, 2028. [2017 c.673 §14; 2018 c.98 §6]

Note: Sections 4, 5 and 7, chapter 98, Oregon Laws 2018, provide:

Sec. 4. Section 9, chapter 673, Oregon Laws 2017, is repealed and section 5 of this 2018 Act is enacted in lieu thereof. [2018 c.98 §4]

Sec. 5. (1) The Oregon Criminal Justice Commission shall establish a program to award supplemental grant funds to counties for downward departure prison diversion programs as part of the Justice Reinvestment Program described in section 53, chapter 649, Oregon Laws 2013. Notwithstanding sections 52 and 53 (1)(a), chapter 649, Oregon Laws 2013, the commission shall use any moneys appropriated to the commission for the supplemental grant program to award supplemental grant funds for downward departure prison diversion programs to counties selected by the commission to receive the funds. The commission shall give preference to counties establishing downward departure prison diversion programs on or after August 8, 2017.

(2) The commission shall monitor the downward departure prison diversion programs described in subsection (1) of this section and evaluate prison utilization by counties that receive the supplemental grant funds. The commission shall annually report the evaluation findings to the Joint Interim Committee on Ways and Means. [2018 c.98 §5]

Sec. 7. Section 5, chapter 98, Oregon Laws 2018, is repealed on July 1, 2033. [2018 c.98 §7; 2022 c.78 §21; 2023 c.572 §2]

Note: Sections 26 and 27, chapter 78, Oregon Laws 2022, provide:

Sec. 26. (1)(a) The Oregon Criminal Justice Commission, in consultation with the Department of Corrections, shall collect data concerning the imposition of supervision conditions on persons on probation or post-prison supervision.

(b) The commission shall review the data described in paragraph (a) of this subsection and make the data, disaggregated by race, ethnicity, gender and county, available to the public in a clear and accessible format, either in a report or on the website of the commission.

(2) Intentionally left blank —Ed.

(a) The Oregon Criminal Justice Commission, in coordination with the Department of Corrections, shall collect data concerning the number of persons on supervision, persons revoked from supervision and sentenced to incarceration, and persons sanctioned for violating conditions of supervision and serving a sanction in a local correctional facility.

(b) The commission shall review the data described in paragraph (a) of this subsection and make the data, disaggregated by race, ethnicity, gender and county, available to the public in a clear and accessible format, either in a report or on the website of the commission.

(c) The Department of Corrections, community corrections agencies and local supervisory authorities shall, at intake of a person on supervision, collect and maintain information concerning the person’s race, ethnicity and gender, according to standardized designations in census data, and shall at least annually provide the data to the commission. [2022 c.78 §26]

Sec. 27. Section 26 of this 2022 Act is repealed on January 2, 2033. [2022 c.78 §27]

PRESUMPTIVE SENTENCES, MANDATORY MINIMUM SENTENCES AND ADULT PROSECUTION OF CERTAIN JUVENILE OFFENDERS

Source: Section 137.686 — Organized Retail Theft Grant Program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131.205 — OR Code / Title 14 / Chapter 131 / Section 131.205
131.205 Definition for ORS 131.205 to 131.235
Status: in_force

As used in ORS 131.205 (Definition for ORS 131.205 to 131.235) to 131.235 (Criminal homicide) , “this state” means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]

Source: Section 131.205 — Definition for ORS 131.205 to 131.235 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.415 — OR Code / Title 14 / Chapter 135 / Section 135.415
135.415 Criteria to be considered in plea discussions and plea agreements
Status: in_force

In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations:

(1) The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant.

(2) The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant.

(3) The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.

(4) The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial.

(5) The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct.

(6) The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. [1973 c.836 §171]

Source: Section 135.415 — Criteria to be considered in plea discussions and plea agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.240 — OR Code / Title 14 / Chapter 147 / Section 147.240
147.240 Department of Justice to submit claims to account for payment of awards
Status: in_force

After the entry of an award under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) , the Department of Justice shall submit the claim for payment from the Criminal Injuries Compensation Account pursuant to ORS 293.295 (When claim against moneys in State Treasury may be paid) to 293.460 (Recourse of owners of unpaid checks) and 293.465 (Definitions for ORS 293.465 to 293.485) to 293.510 (Presentment of claims to Secretary of State not required) . [1977 c.376 §23; 2012 c.81 §16]

Source: Section 147.240 — Department of Justice to submit claims to account for payment of awards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.079 — OR Code / Title 14 / Chapter 137 / Section 137.079
137.079 Presentence report
Status: in_force

(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 sentencing of the defendant. All other written information, when received by the court outside the presence of counsel, shall either be summarized by the court in a memorandum available for inspection or summarized by the court on the record before sentence is imposed.

(2) The court may except from disclosure parts of the presentence report or other written information described in subsection (1) of this section which are not relevant to a proper sentence, diagnostic opinions which might seriously disrupt a program of rehabilitation if known by the defendant, or sources of information which were obtainable with an expectation of confidentiality.

(3) If parts of the presentence report or other written information described in subsection (1) of this section are not disclosed under subsection (2) of this section, the court shall inform the parties that information has not been disclosed and shall state for the record the reasons for the court’s action. The action of the court in excepting information shall be reviewable on appeal.

(4) A defendant who is being sentenced for felonies committed prior to November 1, 1989, may file a written motion to correct the criminal history contained in the presentence report prior to the date of sentencing. At sentencing, the court shall consider defendant’s motion to correct the presentence report and shall correct any factual errors in the criminal history contained in that report. An order allowing or denying a motion made pursuant to this subsection shall not be reviewable on appeal. If corrections are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077 (Presentence report) .

(5) Intentionally left blank —Ed.

(a) The provisions of this subsection apply only to a defendant being sentenced for a felony committed on or after November 1, 1989.

(b) Except as otherwise provided in paragraph (c) of this subsection, the defendant’s criminal history as set forth in the presentence report shall satisfy the state’s burden of proof as to the defendant’s criminal history.

(c) Prior to the date of sentencing, the defendant shall notify the district attorney and the court in writing of any error in the criminal history as set forth in the presentence report. Except to the extent that any disputed portion is later changed by agreement of the district attorney and defendant with the approval of the court, the state shall have the burden of proving by a preponderance of evidence any disputed part of the defendant’s criminal history. The court shall allow the state reasonable time to produce evidence to meet its burden.

(d) The court shall correct any error in the criminal history as reflected in the presentence report.

(e) If corrections to the presentence report are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077 (Presentence report) .

(f) Except as provided in ORS 138.105 (Appeal by defendant) and 138.115 (Appeal by state) , the court’s decision on issues relating to a defendant’s criminal history shall not be reviewable on appeal. [1973 c.836 §261; 1977 c.372 §11; 1983 c.649 §1; 1989 c.408 §2; 1989 c.790 §8; 2017 c.529 §24]

Source: Section 137.079 — Presentence report; other writings considered in imposing sentence; disclosure to parties; court’s authority to except parts from disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.085 — OR Code / Title 14 / Chapter 135 / Section 135.085
135.085 Subpoenaing witnesses
Status: in_force

(1) The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing.

(2) If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570 (Application for subpoenas for more than 10 witnesses) . [Formerly 133.660; 1987 c.606 §1]

Source: Section 135.085 — Subpoenaing witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.478 — OR Code / Title 14 / Chapter 137 / Section 137.478
137.478 Return of death warrant after execution of sentence of death
Status: in_force

Not later than 30 days after the execution of a sentence of death under ORS 137.473 (Means of inflicting death) , the superintendent of the correctional institution where the sentence was executed shall return the death warrant to the clerk of the trial court from which the warrant was issued with the superintendent’s return on the death warrant showing the time, place and manner in which the death warrant was executed. [1999 c.1055 §10]

Note: See note under 137.464 (Administrative assessment of defendant’s mental capacity) .

Source: Section 137.478 — Return of death warrant after execution of sentence of death , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.891 — OR Code / Title 14 / Chapter 135 / Section 135.891
135.891 Conditions of diversion agreement
Status: in_force

(1) A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 (Deposition of witness as condition of postponement) to 136.100 (Filing and use of deposition) , payment of costs as defined in ORS 135.705 (Satisfaction of injured person) , restitution, performance of community service, residence in a halfway house or similar facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services.

(2) As a condition of entering into a diversion agreement under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement) , the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer. [1977 c.373 §3; 1985 c.710 §5; 2012 c.81 §1]

Source: Section 135.891 — Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.126 — OR Code / Title 14 / Chapter 144 / Section 144.126
144.126 Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision may advance the release date of a prisoner who was sentenced in accordance with rules of the Oregon Criminal Justice Commission or ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) . The release date may be advanced if the board determines that continued incarceration is cruel and inhumane and that advancing the release date of the prisoner is not incompatible with the best interests of the prisoner and society and that the prisoner is:

(a) Suffering from a severe medical condition including terminal illness; or

(b) Elderly and permanently incapacitated in such a manner that the prisoner is unable to move from place to place without the assistance of another person.

(2) The board shall adopt rules establishing criteria for release plans for prisoners released under this section that, at a minimum, must insure appropriate supervision and services for the person released.

(3) The provisions of this section do not apply to prisoners sentenced to life imprisonment without the possibility of release or parole under ORS 138.052 (Appeal from judgment of conviction and sentence of death) or 163.150 (Sentencing for aggravated murder) .

(4) If the victim has requested notification of the release of the prisoner, the board shall notify the victim as described in ORS 144.750 (Victim’s rights) (3) prior to any hearing or administrative decision under this section. [1989 c.790 §27a; 1991 c.133 §2; 1993 c.198 §2; 1999 c.1055 §14; 2015 c.230 §2]

Note: 144.126 (Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.126 — Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.925 — OR Code / Title 14 / Chapter 135 / Section 135.925
135.925 Bad check diversion program
Status: in_force

(1) As used in this section, “bad check diversion program” means a program established under subsection (2) of this section.

(2) A district attorney may establish a bad check diversion program within the office of the district attorney.

(3) If a district attorney has established a bad check diversion program, upon receipt of a case alleging a violation of ORS 165.065 (Negotiating a bad check) , the district attorney shall determine if the case is appropriate to be referred to the bad check diversion program. In determining whether to refer the case to the bad check diversion program, the district attorney shall consider, in addition to any other factors the district attorney deems appropriate, the following:

(a) The amount of the bad check;

(b) Whether the person alleged to have negotiated the bad check has a prior criminal record or has previously participated in a bad check diversion program;

(c) The number of violations of ORS 165.065 (Negotiating a bad check) the person is alleged to have committed in the current or prior allegations;

(d) Whether current charges of violating ORS 165.065 (Negotiating a bad check) are pending against the person; and

(e) The strength of the evidence of intent to defraud the victim.

(4) When a case is referred to the bad check diversion program, the district attorney shall send a notice to the person who is alleged to have violated ORS 165.065 (Negotiating a bad check) . The notice must contain:

(a) The date and amount of the bad check;

(b) The name of the payee;

(c) The date before which the person is required to contact the district attorney, or a person designated by the district attorney, concerning the bad check; and

(d) The penalty for a violation of ORS 165.065 (Negotiating a bad check) .

(5) The district attorney may enter into a written agreement with the person alleged to have violated ORS 165.065 (Negotiating a bad check) to forgo prosecution of the violation if the person agrees to do the following within a six-month period:

(a) Complete a class conducted by the district attorney, or by a private entity under contract to the district attorney, relating to writing checks;

(b) Make full restitution to the payee; and

(c) Pay any collection fee imposed by the district attorney under subsection (6) of this section.

(6) A district attorney may collect a fee if the district attorney collects and processes a bad check. The amount of the fee may not exceed $35 for each bad check in addition to the actual amount of any bank charge incurred by the victim as a result of the bad check.

(7) The district attorney may not require a person alleged to have violated ORS 165.065 (Negotiating a bad check) to make an admission of guilt as a prerequisite to participating in a bad check diversion program.

(8) The following are not admissible in any civil or criminal action against a person arising from negotiating a bad check:

(a) A statement, or any information derived from the statement, made by the person in connection with the determination of the person’s eligibility to participate in a bad check diversion program.

(b) A statement, or any information derived from the statement, made by the person after the person is determined to be eligible to participate in a bad check diversion program.

(c) A statement, or any information derived from the statement, made by the person while participating in a bad check diversion program.

(d) Information about the person’s participation in a bad check diversion program.

(9) A district attorney may not authorize a private entity to use the seal, letterhead or name of the district attorney or district attorney’s office to collect debt, including restitution, pursuant to a bad check diversion program. [2001 c.433 §1; 2013 c.551 §2]

Note: 135.925 (Bad check diversion program) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 135.925 — Bad check diversion program; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.033 — OR Code / Title 14 / Chapter 133 / Section 133.033
133.033 Peace officer
Status: in_force

(1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.

(2) As used in this section, “community caretaking functions” means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. “Community caretaking functions” includes, but is not limited to:

(a) The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:

(A) Prevent serious harm to any person or property;

(B) Render aid to injured or ill persons; or

(C) Locate missing persons.

(b) The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:

(A) Prevent serious harm to any person or property;

(B) Render aid to injured or ill persons; or

(C) Locate missing persons.

(3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 §1; 2011 c.506 §9; 2011 c.644 §14]

Source: Section 133.033 — Peace officer; community caretaking functions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.942 — OR Code / Title 14 / Chapter 135 / Section 135.942
135.942 Purposes of program
Status: in_force

The purposes of an early disposition program are to:

(1) Hold offenders accountable for their actions;

(2) Ensure a prompt resolution of criminal matters;

(3) Protect the rights of the public and the offender;

(4) Maximize use of community resources to provide alternative sanctions for criminal behavior; and

(5) Reduce the costs to the criminal justice system that are incurred when traditional sanctions are the only option available to district attorneys and courts. [2001 c.635 §7]

Note: See note under 135.941 (Early disposition programs) .

Source: Section 135.942 — Purposes of program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.807 — OR Code / Title 14 / Chapter 133 / Section 133.807
133.807 Commitment to await arrest on requisition
Status: in_force

If from the initial examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a period of at least 45 days to enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused is released as provided in ORS 133.809 (Release) , or until the accused shall be legally discharged. The period of time may be extended upon good cause shown demonstrating the need for additional time to allow the executive authority of the state having jurisdiction of the offense to comply with procedural requirements of the Uniform Criminal Extradition Act, 18 U.S.C. 3182, or Article IV, section 2, of the United States Constitution. [Formerly 147.150; 1999 c.553 §1; 2019 c.13 §29]

Source: Section 133.807 — Commitment to await arrest on requisition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.220 — OR Code / Title 14 / Chapter 136 / Section 136.220
136.220 Challenge for implied bias
Status: in_force

A challenge for implied bias shall be allowed for any of the following causes and for no other:

(1) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant.

(2) Standing in the relation of guardian and ward, attorney and client, physician and patient, naturopathic physician and patient, physician assistant and patient, nurse practitioner and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the:

(a) Defendant;

(b) Person alleged to be injured by the offense charged in the accusatory instrument; or

(c) Complainant.

(3) Being a member of the family, a partner in business with or in the employment of any person referred to in subsection (2)(a), (b) or (c) of this section or a surety in the action or otherwise for the defendant.

(4) Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information.

(5) Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it.

(6) Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense.

(7) Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode. [Amended by 1961 c.444 §1; 1967 c.372 §1; 1973 c.836 §232; 1999 c.1051 §252; 2014 c.45 §22; 2017 c.356 §15]

Source: Section 136.220 — Challenge for implied bias , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.235 — OR Code / Title 14 / Chapter 135 / Section 135.235
135.235 Release assistance officers
Status: in_force

(1) A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court.

(2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim:

(a) Information regarding the victim’s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and

(b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant’s arraignment or other first appearance.

(3) The release assistance officer shall verify release criteria information and may either:

(a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or

(b) If delegated release authority by the presiding judge for the judicial district, make the release decision.

(4) As used in this section, “victim” means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 §147; 1981 s.s. c.3 §37; 1995 c.781 §40; 2021 c.643 §3]

Source: Section 135.235 — Release assistance officers; appointment; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 146.100 — OR Code / Title 14 / Chapter 146 / Section 146.100
146.100 Where death considered to have occurred
Status: in_force

(1) Death investigations shall be under the direction of the district medical examiner and the district attorney for the county where the death occurs.

(2) For purposes of ORS 146.003 (Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992) to 146.189 (Use of records to identify human remains and missing persons) , if the county where death occurs is unknown, the death shall be deemed to have occurred in the county where the body is found, except that if in an emergency the body is moved by conveyance to another county and is dead on arrival, the death shall be deemed to have occurred in the county from which the body was originally removed.

(3) The district medical examiner or an assistant district medical examiner for the county where death occurs shall be immediately notified of:

(a) All deaths requiring investigation; and

(b) All deaths of persons admitted to a hospital or institution for less than 24 hours, although the medical examiner need not investigate nor certify such deaths.

(4) No person having knowledge of a death requiring investigation shall intentionally or knowingly fail to make notification thereof as required by subsection (3) of this section.

(5) The district medical examiner or medical-legal death investigator shall immediately notify the district attorney for the county where death occurs of all deaths requiring investigation except for those specified by ORS 146.090 (Deaths requiring investigation) (1)(d) to (g).

(6) All peace officers, health care providers as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581) , supervisors of penal institutions, supervisors of youth correction facilities, juvenile community supervision officers as defined in ORS 420.905 (Definitions for ORS 420.905 to 420.915) , and supervisors of hospitals or institutions caring for the ill or helpless shall cooperate with the medical examiner or medical-legal death investigator by providing a decedent’s medical records and tissue samples and any other material necessary to conduct the death investigation of the decedent and shall make notification of deaths as required by subsection (3) of this section. A person who cooperates with the medical examiner or medical-legal death investigator in accordance with this subsection does not:

(a) Waive any claim of privilege applicable to, or the confidentiality of, the materials and records provided.

(b) Waive any claim that the materials and records are subject to an exemption from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(c) Violate the restrictions on disclosing or providing copies of reports and other materials in ORS 419A.257 (Reports and materials privileged) .

(7) Records or materials described in subsection (6) of this section may be released by the medical examiner or medical-legal death investigator only pursuant to a valid court order.

(8) Intentionally left blank —Ed.

(a) If a death is suspected to be suicide and the decedent was 24 years of age or younger, the district medical examiner or medical-legal death investigator shall notify the local mental health authority in the county where the death occurred and, if the decedent was a member of a federally recognized Indian tribe in Oregon, shall also notify the tribe’s mental health authority.

(b) For the purposes of this subsection, the manner of death is suspected to be suicide if the district medical examiner, the assistant district medical examiner, a pathologist authorized under ORS 146.045 (Duties of Chief Medical Examiner) (2)(b) or a designee of the district medical examiner, including a medical-legal death investigator, confirms orally or in writing that the district medical examiner, assistant district medical examiner, pathologist or designee of the district medical examiner reasonably believes that the manner of death was suicide.

(c) The notification under this subsection must include the decedent’s name, date of birth, date of death, suspected manner of death and cause of death.

(d) The notification under this subsection may include any other information that the district medical examiner or medical-legal death investigator determines is necessary to preserve the public health and that is not otherwise protected from public disclosure by state or federal law, including information regarding the decedent’s school attended and extracurricular activities.

(e) The district medical examiner or medical-legal death investigator must provide the notification under this subsection no later than:

(A) 48 hours after receiving notification of the death if the county where the death occurred has a population of 400,000 or more; or

(B) 72 hours after receiving notification of the death if the county where the death occurred has a population of fewer than 400,000.

(9) Intentionally left blank —Ed.

(a) If a death is suspected to be the result of an opioid overdose or other overdose and the decedent was 24 years of age or younger, the district medical examiner or medical-legal death investigator shall notify the local mental health authority in the county where the death occurred and, if the decedent was a member of a federally recognized Indian tribe in Oregon, shall also notify the tribe’s mental health authority.

(b) For purposes of this subsection, the cause of death is suspected to be the result of an opioid overdose or other overdose if the district medical examiner, the assistant district medical examiner, a pathologist authorized under ORS 146.045 (Duties of Chief Medical Examiner) (2)(b) or a designee of the district medical examiner, including a medical-legal death investigator, confirms orally or in writing that the district medical examiner, assistant district medical examiner, pathologist or designee of the district medical examiner reasonably believes that the cause of death was the result of an opioid overdose or other overdose.

(c) The notification under this subsection must include the decedent’s name, date of birth, date of death, suspected manner of death and cause of death. The notification may include the information described in subsection (8)(d) of this section and be provided as required under subsection (8)(e) of this section.

(10) As used in this section:

(a) “Local mental health authority” has the meaning given that term in ORS 430.630 (Services to be provided by community mental health programs) .

(b) “Opioid” means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain.

(c) “Opioid overdose” means a medical condition that causes depressed consciousness, depressed respiratory function or the impairment of vital bodily functions as a result of ingesting opioids. [1973 c.408 §13; 1985 c.207 §22; 1995 c.744 §14; 2009 c.222 §1; 2017 c.151 §14; 2021 c.185 §1; 2021 c.321 §1; 2023 c.593 §21]

Source: Section 146.100 — Where death considered to have occurred; notification of death required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 135.225 — OR Code / Title 14 / Chapter 135 / Section 135.225
135.225 Forwarding of papers by magistrate
Status: in_force

When the magistrate has held the defendant to answer, the magistrate shall at once forward to the court in which the defendant would be triable:

(1) The warrant, if any;

(2) The information;

(3) The statement of the defendant, if the defendant made one;

(4) The memoranda mentioned in ORS 135.115 (Waiver of right to make statement) and 135.145 (Testimony of witnesses) ;

(5) The release agreement or security release of the defendant; and

(6) If applicable, any security taken for the appearance of witnesses. [Formerly 133.860; 2005 c.22 §108]

Source: Section 135.225 — Forwarding of papers by magistrate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.317 — OR Code / Title 14 / Chapter 144 / Section 144.317
144.317 Appointment of attorneys
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision shall have the power to appoint attorneys, at board expense, to represent indigent parolees and offenders on post-prison supervision if the request and determination provided in ORS 144.343 (Hearing required on revocation) (3)(f) have been made.

(2) Upon completion of the parole or post-prison supervision revocation hearing, the board shall determine whether the person for whom counsel was appointed pursuant to subsection (1) of this section is able to pay a portion of the attorney fees to be paid by the board. In determining whether the person is able to pay such portion, the board shall take into account the other financial obligations of the person, including any existing fines or orders to make restitution. If the board determines that the person is able to pay such portion, the board may order, as a condition of parole or post-prison supervision, that the person pay the portion to the appropriate officer of the state. [1973 c.694 §23; 1981 c.644 §6; 1987 c.803 §16; 1989 c.790 §40]

Source: Section 144.317 — Appointment of attorneys; payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.622 — OR Code / Title 14 / Chapter 144 / Section 144.622
144.622 “Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision
Status: in_force

For purposes of ORS 144.610 (Out-of-state supervision of parolees) and 144.613 (Notice when parole or probation violated) to 144.617 (Hearing on violation in another state) , “parole” includes but is not limited to post-prison supervision, and “parolee” includes but is not limited to persons on post-prison supervision under rules adopted by the Oregon Criminal Justice Commission. [1989 c.790 §37]

Note: 144.622 (“Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

SEX OFFENDERS; SPECIAL PROVISIONS

Source: Section 144.622 — “Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.283 — OR Code / Title 14 / Chapter 147 / Section 147.283
147.283 Notice to Department of Justice of claim or action to enforce claim for injuries
Status: in_force

An applicant or recipient shall promptly provide written notice to the Department of Justice when making a claim or bringing an action to enforce a claim for injuries that formed the basis for assistance. The notice must include the name and address of the assailant and of any other person or entity against whom the claim is made or action is brought. If the claim is made or the action is brought against a corporation, the notice must contain the address of the corporation’s principal place of business. If the applicant or recipient is a minor, the parents, legal guardian or foster parent of the applicant or recipient shall give the notice required by this section. [2005 c.383 §3]

Source: Section 147.283 — Notice to Department of Justice of claim or action to enforce claim for injuries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.649 — OR Code / Title 14 / Chapter 144 / Section 144.649
144.649 Granting reprieves, commutations and pardons generally
Status: in_force

Upon such conditions and with such restrictions and limitations as the Governor thinks proper, the Governor may grant reprieves, commutations and pardons, after convictions, for all crimes and may remit, after judgment therefor, all penalties and forfeitures. [Formerly 144.640]

Source: Section 144.649 — Granting reprieves, commutations and pardons generally; remission of penalties and forfeitures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131a.080 — OR Code / Title 14 / Chapter 131a / Section 131a.080
131A.080 Care and custody of seized property generally
Status: in_force

(1) Pending final disposition of seized property, and subject to the need to retain the property for any criminal proceeding, a forfeiting agency shall maintain and care for property that is in the physical custody of the seizing or forfeiting agency in a manner that is reasonably appropriate for the preservation of the property’s value.

(2) A forfeiting agency may transfer property seized for forfeiture to any city, county, state or federal agency with authority to seek forfeiture of the property, unless the transfer diminishes or reduces the rights of any third party under this chapter or constitutes a violation of section 10 (13), Article XV of the Oregon Constitution.

(3) If property seized for forfeiture consists of money, stocks, bonds, promissory notes or other security or evidence of indebtedness, and the property is held in some form of account in a financial institution, the property may remain in the account pending a final decision in the forfeiture action. Unless otherwise allowed by order of the court, transactions involving the account are not permitted until final disposition of the property, except for the deposit or reinvestment of dividends or other normally recurring payments on the property. Any accrual to the value of the property during the pendency of forfeiture proceedings shall be disbursed in the manner provided for the disbursement of interest under ORS 131A.090 (Forfeiture trust accounts) .

(4) This chapter does not prevent a seizing agency from entering into an agreement with a person who claims seized property, or with any other person, for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of seized property, or for the reimbursement of the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that attaches to the property after seizure of the property and before release or forfeiture of the property. [2009 c.78 §13]

Source: Section 131A.080 — Care and custody of seized property generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 133.539 — OR Code / Title 14 / Chapter 133 / Section 133.539
133.539 Obtaining information from portable electronic devices
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Forensic imaging” means using an electronic device to download or transfer raw data from a portable electronic device onto another medium of digital storage.

(B) “Forensic imaging” does not include photographing or transcribing information observable from the portable electronic device by normal unaided human senses.

(b) “Location information service” means a global positioning service or other mapping, locational or directional information service.

(c) “Portable electronic device” means any device designed to be easily moved from one location to another and that contains electronic data or that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C. 2711 or location information service.

(d) “Raw data” means data collected from a source that has not been subsequently altered or manipulated after collection.

(2) A law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except:

(a) Pursuant to a search warrant issued under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) ; or

(b) As authorized by lawful consent.

(3) Information obtained in violation of this section:

(a) Is not admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; and

(b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.

(4) A portable electronic device that has been forensically imaged pursuant to subsection (2) of this section may be returned as described in ORS 133.633 (Motion for return or restoration of things seized) and 133.643 (Ground for motion for return or restoration of things seized) .

(5) Subsection (2) of this section does not apply to:

(a) A correctional facility, youth correction facility or state hospital, as those terms are defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) , when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner.

(b) A parole and probation officer, juvenile community supervision officer as defined in ORS 420.905 (Definitions for ORS 420.905 to 420.915) , community corrections agency or agency that supervises youths or adjudicated youths, when the officer or agency obtains information from a portable electronic device in an otherwise lawful manner. [2015 c.613 §1; 2021 c.489 §9]

Note: 133.539 (Obtaining information from portable electronic devices) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Search and Seizure

Pursuant to Warrant)

Source: Section 133.539 — Obtaining information from portable electronic devices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.582 — OR Code / Title 14 / Chapter 131 / Section 131.582
131.582 Prosecution of criminal forfeiture
Status: in_force

(1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510 (Forms of pleadings) , 132.540 (Sufficiency of indictment) , 132.550 (Contents of indictment) , 132.557 (Indictment must contain subcategory facts under certain circumstances) , 132.560 (Joinder of counts and charges) and 132.580 (Names of grand jury witnesses required on indictment) .

(2) If the grand jury returns an indictment for criminal forfeiture, the defendant may admit or deny that the property is subject to criminal forfeiture. If the defendant fails to admit or deny that the property is subject to forfeiture, the court shall enter a denial on behalf of the defendant.

(3) When the underlying criminal conduct is a Class A misdemeanor, a city or county attorney may prosecute a criminal forfeiture by filing an information in the municipal or justice court.

(4) A criminal forfeiture proceeding and the underlying criminal case must be tried in the same proceeding.

(5) The criminal procedure laws of this state apply to criminal forfeiture proceedings.

(6) The court shall enter a judgment of criminal forfeiture if the forfeiture counsel proves beyond a reasonable doubt that the property for which forfeiture is sought is an instrumentality or the proceeds of the crime of conviction or past prohibited conduct that is similar to the crime of conviction.

(7) Forfeiture counsel may move the court at any time for an order finding that the defendant is a fugitive and in default. The court may enter an order finding the defendant in default under this subsection and enter a judgment of criminal forfeiture if the court finds that the defendant is not confined or held in custody by another jurisdiction, and that the defendant, after notice or knowledge of the fact that a warrant has been issued for the defendant:

(a) Purposely left the state to avoid prosecution;

(b) Declines to return to the state and allow execution of the warrant; or

(c) Otherwise evades the jurisdiction of the court issuing the warrant.

(8) No later than 21 days after the entry of a judgment of criminal forfeiture under this section, the forfeiture counsel shall notify by mail all persons who filed claims under ORS 131.570 (Notice of seizure for forfeiture) or affidavits under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) of the judgment of criminal forfeiture. The notice must inform the person of the requirements of subsection (9) of this section.

(9) If a person who receives notice under subsection (8) of this section wishes to assert the person’s interest in the property but was not eligible to file an affidavit under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) , the person must file an affidavit with the trial court, and must serve the forfeiture counsel with a copy of the affidavit, no later than 21 days after the date the notice required by subsection (8) of this section was mailed. The person must allege facts in an affidavit filed under this subsection that if true would prove that the person took the property or the interest that the person holds in the property:

(a) Intentionally left blank —Ed.

(A) Before it was seized for criminal forfeiture; and

(B) In good faith and without intent to defeat the interest of any seizing agency; or

(b) As a bona fide purchaser for value without acquiescing in the prohibited conduct.

(10) Intentionally left blank —Ed.

(a) If an affidavit is timely filed under subsection (9) of this section and the forfeiture counsel:

(A) Does not contest the affidavit, the forfeiture counsel shall submit a form of judgment to the court for entry under ORS 131.588 (Judgment of forfeiture) .

(B) Does contest the affidavit, the forfeiture counsel shall request a hearing with the trial court no later than 21 days after receiving the affidavit.

(b) If no affidavit is filed under subsection (9) of this section but the seizing agency filed an affidavit under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) (4), the forfeiture counsel shall request a hearing with the trial court no later than 21 days after the last date for receiving affidavits under subsection (9) of this section.

(11) Intentionally left blank —Ed.

(a) A hearing pursuant to subsection (10) of this section is an ancillary proceeding and the Oregon Rules of Civil Procedure apply. At the hearing:

(A) Forfeiture counsel has the burden of proving by a preponderance of the evidence that the person claiming an interest in the property:

(i) Took the property with the intent to defeat the interest of a seizing agency; or

(ii) Is not a bona fide purchaser for value or acquiesced in the prohibited conduct.

(B) Forfeiture counsel may present evidence and witnesses and cross-examine witnesses who appear at the hearing.

(C) The person claiming an interest in the property may testify, present evidence and witnesses and cross-examine witnesses who appear at the hearing.

(b) In addition to testimony and evidence presented at the hearing, the court shall consider relevant portions of the record of the criminal case that resulted in the judgment of criminal forfeiture.

(c) The court shall amend the judgment of criminal forfeiture in accordance with its determination if, after the hearing, the court determines that the claimant:

(A) Did take the property before it was seized for criminal forfeiture and in good faith and without intent to defeat the interest of the seizing agency; or

(B) Is a bona fide purchaser for value of the right, title or interest in the property and did not acquiesce in the prohibited conduct.

(d) Notwithstanding ORS 19.255 (Time for service and filing of notice of appeal) (1), a person may file a notice of appeal within 30 days after entry in the register of an order disposing of the matters at issue in the ancillary proceeding. An appeal under this paragraph is governed by the provisions of ORS chapter 19 relating to appeals in civil actions.

(12) When a court enters a judgment of criminal forfeiture under this section, the jurisdiction of the court continues for purposes of subsection (11) of this section and the property continues to be subject to the court’s jurisdiction. [2005 c.830 §12]

Source: Section 131.582 — Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.106 — OR Code / Title 14 / Chapter 144 / Section 144.106
144.106 Violation of post-prison supervision conditions
Status: in_force

(1) Except as otherwise provided by rules of the Department of Corrections and the State Board of Parole and Post-Prison Supervision concerning parole and post-prison supervision violators, the supervisory authority shall use a continuum of administrative sanctions for violations of the conditions of post-prison supervision.

(2) The sanction continuum shall include adjustments to the level of supervision and, as approved by the board or the local supervisory authority that imposed the initial conditions of post-prison supervision:

(a) Modification of or additions to the conditions of supervision; and

(b) Any other appropriate available local sanctions including, but not limited to, jail, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day centers or other local sanctions established by agreement with the supervisory authority.

(3) An offender may not be confined in a restitution center, work release center or jail for more than 15 days for a violation of conditions of post-prison supervision unless:

(a) The Department of Corrections, county corrections agency or supervisory authority imposes a local sanction under subsection (1) of this section;

(b) A reentry court imposes a local sanction under section 29, chapter 649, Oregon Laws 2013; or

(c) The board or its designated representative initiates a hearing for the purpose of imposing a sanction under ORS 144.107 (Sanctions for violations of conditions of post-prison supervision) or 144.108 (Recommitment to prison for certain violations) .

(4) A hearing before the board is not required if the department, a county corrections agency, the supervisory authority or the court imposes a local sanction under subsection (3) of this section. However, the board may conduct a hearing under the procedures in ORS 144.343 (Hearing required on revocation) and 144.347 (Subpoena power of board) and impose a different sanction on the offender than that imposed by the department, a county corrections agency, the supervisory authority or the court. [1989 c.790 §35; 1991 c.836 §1; 1997 c.525 §4; 2013 c.649 §31]

Note: The amendments to 144.106 (Violation of post-prison supervision conditions) by section 36, chapter 649, Oregon Laws 2013, become operative July 1, 2033. See section 38, chapter 649, Oregon Laws 2013, as amended by section 25, chapter 78, Oregon Laws 2022, and section 6, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, is set forth for the user’s convenience.

144.106 (Violation of post-prison supervision conditions) . (1) Except as otherwise provided by rules of the Department of Corrections and the State Board of Parole and Post-Prison Supervision concerning parole and post-prison supervision violators, the supervisory authority shall use a continuum of administrative sanctions for violations of the conditions of post-prison supervision.

(2) The sanction continuum shall include adjustments to the level of supervision and, as approved by the board or the local supervisory authority that imposed the initial conditions of post-prison supervision:

(a) Modification of or additions to the conditions of supervision; and

(b) Any other appropriate available local sanctions including, but not limited to, jail, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day centers or other local sanctions established by agreement with the supervisory authority.

(3) An offender may not be confined in a restitution center, work release center or jail for more than 15 days for a violation of conditions of post-prison supervision unless:

(a) The Department of Corrections, county corrections agency or supervisory authority imposes a local sanction under subsection (1) of this section; or

(b) The board or its designated representative initiates a hearing for the purpose of imposing a sanction under ORS 144.107 (Sanctions for violations of conditions of post-prison supervision) or 144.108 (Recommitment to prison for certain violations) .

(4) A hearing before the board is not required if the department, a county corrections agency or the supervisory authority imposes a local sanction under subsection (3) of this section. However, the board may conduct a hearing under the procedures in ORS 144.343 (Hearing required on revocation) and 144.347 (Subpoena power of board) and impose a different sanction on the offender than that imposed by the department, a county corrections agency or the supervisory authority.

Note: See second note under 144.096 (Release plan) .

Source: Section 144.106 — Violation of post-prison supervision conditions; sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.253 — OR Code / Title 14 / Chapter 135 / Section 135.253
135.253 Waiver of appearance at trial as release condition prohibited
Status: in_force

(1) The court may not condition a defendant’s release on the defendant’s waiver of appearance in person at trial.

(2) A release agreement may not contain a provision prohibited by subsection (1) of this section. [2018 c.37 §4]

Source: Section 135.253 — Waiver of appearance at trial as release condition prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.895 — OR Code / Title 14 / Chapter 131 / Section 131.895
131.895 Procedure for payment
Status: in_force

The county court or county governing body, on the claim of the applicant for reward under ORS 131.885 (Offer of reward) to 131.895 (Procedure for payment) , shall determine whether the claimant is entitled to the reward. If it so determines, it shall certify the amount offered in reward, or a proportionate share thereof if more than one claimant is entitled, to the county clerk of the county and the county clerk shall draw a warrant on the treasurer of the county for the amount so authorized. [Formerly 149.030; 1981 c.300 §3]

Source: Section 131.895 — Procedure for payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.050 — OR Code / Title 14 / Chapter 135 / Section 135.050
135.050 Eligibility for court-appointed counsel
Status: in_force

(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:

(a) The defendant is before a court on a matter described in subsection (5) of this section;

(b) The defendant requests aid of counsel;

(c) The defendant provides to the court a written and verified financial statement; and

(d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family.

(2) Suitable counsel for a defendant shall be appointed by a circuit court if:

(a) The defendant is before the court on a matter described in subsection (5) of this section;

(b) The defendant requests aid of counsel;

(c) The defendant provides to the court a written and verified financial statement; and

(d) Intentionally left blank —Ed.

(A) The defendant is determined to be financially eligible under ORS 151.485 (Financial eligibility) and the standards established by the Oregon Public Defense Commission under ORS 151.216 (Commission duties) ; or

(B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.

(3) Appointed counsel may not be denied to any defendant merely because the defendant’s friends or relatives have resources adequate to retain counsel or because the defendant has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a defendant if the defendant’s spouse has adequate resources which the court determines should be made available to retain counsel.

(4) The defendant’s financial statement under subsection (1) or (2) of this section shall include, but not be limited to:

(a) A list of bank accounts in the name of defendant or defendant’s spouse, and the balance in each;

(b) A list of defendant’s interests in real property and those of defendant’s spouse;

(c) A list of automobiles and other personal property of significant value belonging to defendant or defendant’s spouse;

(d) A list of debts in the name of defendant or defendant’s spouse, and the total of each; and

(e) A record of earnings and other sources of income in the name of defendant or defendant’s spouse, and the total of each.

(5) Counsel must be appointed for a defendant who meets the requirements of subsection (1) or (2) of this section and who is before a court on any of the following matters:

(a) Charged with a crime.

(b) For a hearing to determine whether an enhanced sentence should be imposed when such proceedings may result in the imposition of a felony sentence.

(c) For extradition proceedings under the provisions of the Uniform Criminal Extradition Act.

(d) For any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof.

(6) Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant’s arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission under ORS 151.216 (Commission duties) .

(7) If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.

(8) The court may order the defendant in a circuit court to pay to the Public Defense Services Account established by ORS 151.225 (Public Defense Services Account) , through the clerk of the court, in full or in part the administrative costs of determining the eligibility of the defendant for appointed counsel and the costs of the legal and other services that are related to the provision of appointed counsel under ORS 151.487 (Ability to pay) .

(9) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body which has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection (1) or (2) of this section for legal assistance.

(10) The civil proceeding shall be subject to the exemptions from execution as provided for by law.

(11) As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045 (Court appointment of counsel) . [Formerly 133.625; 1981 c.3 §118; 1985 c.710 §1; 1989 c.1053 §1b; 1997 c.761 §8; 2001 c.472 §4; 2001 c.962 §25; 2003 c.449 §49; 2012 c.107 §41; 2023 c.281 §25]

Source: Section 135.050 — Eligibility for court-appointed counsel; financial statement; termination; civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.625 — OR Code / Title 14 / Chapter 131 / Section 131.625
131.625 Frisk of stopped persons
Status: in_force

(1) A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and dangerous to the officer or other persons present.

(2) If, in the course of the frisk, the peace officer feels an object which the peace officer reasonably suspects is a dangerous or deadly weapon, the peace officer may take such action as is reasonably necessary to take possession of the weapon. [1973 c.836 §32; 1997 c.866 §3]

Source: Section 131.625 — Frisk of stopped persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.485 — OR Code / Title 14 / Chapter 136 / Section 136.485
136.485 Reconsideration of verdict which is not general verdict
Status: in_force

If the jury finds a verdict which is not a general verdict, the court may, with proper instructions as to the law, direct the jury to reconsider it; and the verdict cannot be received until it is given in some form from which it can be clearly understood that the intent of the jury is to render a general verdict. [Formerly 136.700]

Source: Section 136.485 — Reconsideration of verdict which is not general verdict , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.172 — OR Code / Title 14 / Chapter 137 / Section 137.172
137.172 Entry of corrected judgment
Status: in_force

(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.

(2) If the trial court enters a corrected judgment under this section during the pendency of an appeal, the trial court administrator shall immediately provide a copy of the corrected judgment to the appellate court. [2017 c.529 §20]

Source: Section 137.172 — Entry of corrected judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.773 — OR Code / Title 14 / Chapter 135 / Section 135.773
135.773 District attorney to furnish certain documents
Status: in_force

The district attorney shall, in all proceedings against adults in custody under ORS 135.760 (Notice requesting early trial on pending charge) to 135.773 (District attorney to furnish certain documents) , obtain for and furnish to the court a certified copy of the judgment, sentence or commitment order pursuant to which the adult in custody is imprisoned. [Formerly 134.560; 2019 c.213 §20]

Source: Section 135.773 — District attorney to furnish certain documents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131a.065 — OR Code / Title 14 / Chapter 131a / Section 131a.065
131A.065 Seizure without court order
Status: in_force

(1) Property may be seized for forfeiture by a police officer without a court order if:

(a) There is probable cause to believe that property is subject to forfeiture, and the property may constitutionally be seized without a warrant;

(b) The seizure is in the course of a constitutionally valid criminal investigative stop, arrest or search, and there is probable cause to believe that the property is subject to forfeiture;

(c) The property is directly or indirectly dangerous to the health or safety of any person; or

(d) An owner consents to the seizure.

(2) If a police officer finds cash, weapons or negotiable instruments in close proximity to controlled substances or to instrumentalities of prohibited conduct, the officer has probable cause to believe that the property is subject to forfeiture. [2009 c.78 §10]

Source: Section 131A.065 — Seizure without court order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 133.735 — OR Code / Title 14 / Chapter 133 / Section 133.735
133.735 Suppression of intercepted communications
Status: in_force

(1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications) , or evidence derived therefrom, on the grounds that:

(a) The communication was unlawfully intercepted;

(b) The order of authorization or approval under which it was intercepted is insufficient on its face; or

(c) The interception was not made in conformity with the order of authorization or approval.

(2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic or oral communication, or evidence derived therefrom, shall be treated as having been unlawfully obtained. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.

(3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1979 c.716 §10; 1989 c.983 §11]

Source: Section 133.735 — Suppression of intercepted communications; procedure; grounds; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.101 — OR Code / Title 14 / Chapter 144 / Section 144.101
144.101 Board’s jurisdiction over conditions of post-prison supervision
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person convicted of a felony if:

(a) The term of imprisonment imposed on the person is more than 12 months;

(b) The felony is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;

(c) The person is subject to a sentence under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) ;

(d) The person is sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) ;

(e) The person is subject to a term of post-prison supervision under ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses) ;

(f) The person is committed to the custody of the Department of Corrections under ORS 137.124 (Commitment of defendant to Department of Corrections or county) ;

(g) The responsibility for correctional services for the person has reverted to the department under ORS 423.483 (Baseline funding) ; or

(h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.

(2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.

(3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.

(4) If a circuit court in a participating county, as defined in section 29, chapter 649, Oregon Laws 2013, enters an order admitting a person into a reentry court under section 29 (3), chapter 649, Oregon Laws 2013, the reentry court has concurrent jurisdiction over the imposition of sanctions for violations of the conditions of post-prison supervision.

(5) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions. [1997 c.525 §3; 1999 c.59 §28; 2006 c.1 §5; 2013 c.649 §28]

Note: The amendments to 144.101 (Board’s jurisdiction over conditions of post-prison supervision) by section 34, chapter 649, Oregon Laws 2013, become operative July 1, 2033. See section 38, chapter 649, Oregon Laws 2013, as amended by section 25, chapter 78, Oregon Laws 2022, and section 6, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, is set forth for the user’s convenience.

144.101 (Board’s jurisdiction over conditions of post-prison supervision) . (1) The State Board of Parole and Post-Prison Supervision has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person convicted of a felony if:

(a) The term of imprisonment imposed on the person is more than 12 months;

(b) The felony is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;

(c) The person is subject to a sentence under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) ;

(d) The person is sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) ;

(e) The person is subject to a term of post-prison supervision under ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses) ;

(f) The person is committed to the custody of the Department of Corrections under ORS 137.124 (Commitment of defendant to Department of Corrections or county) ;

(g) The responsibility for correctional services for the person has reverted to the department under ORS 423.483 (Baseline funding) ; or

(h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.

(2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.

(3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.

(4) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions.

Source: Section 144.101 — Board’s jurisdiction over conditions of post-prison supervision; reentry court jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.391 — OR Code / Title 14 / Chapter 147 / Section 147.391
147.391 Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390
Status: in_force

Notwithstanding ORS 147.390 (Payment of expenses by department) , when the moneys provided from the Criminal Injuries Compensation Account for the purposes of ORS 147.390 (Payment of expenses by department) are expended for any cumulative time period within any biennium, the Criminal Injuries Compensation Account shall have no further obligations under ORS 147.390 (Payment of expenses by department) for that time period. However, if the Criminal Injuries Compensation Account has unexpended moneys provided for at the end of any biennium, the balance shall be transferred to the account created by ORS 418.796 (Authority of council to solicit and accept contributions) . [1997 c.872 §26; 2001 c.829 §5]

Note: See note under 147.390 (Payment of expenses by department) .

Source: Section 147.391 — Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 133.721 — OR Code / Title 14 / Chapter 133 / Section 133.721
133.721 Definitions for ORS 41.910 and 133.721 to 133.739
Status: in_force

As used in ORS 41.910 (Certain intercepted communications inadmissible) and 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) , unless the context requires otherwise:

(1) “Aggrieved person” means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications) or 133.726 (Interception of oral communication without order) or a person against whom the interception was directed and who alleges that the interception was unlawful.

(2) “Contents,” when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

(3) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:

(a) Any oral communication or any communication that is completely by wire; or

(b) Any communication made through a tone-only paging device.

(4) “Electronic, mechanical or other device” means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:

(a) Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or

(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(5) “Intercept” means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

(6) “Investigative or law enforcement officer” means:

(a) An officer or other person employed to investigate or enforce the law by:

(A) A county sheriff or municipal police department, or a police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ;

(B) The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or

(C) Law enforcement agencies of other states or the federal government;

(b) An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) ; or

(c) A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2).

(7) “Oral communication” means:

(a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or

(b) An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication.

(8) “Telecommunications carrier” means:

(a) A telecommunications utility as defined in ORS 759.005 (Definitions) ; or

(b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.

(9) “Telecommunications service” has the meaning given that term in ORS 759.005 (Definitions) .

(10) “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, whether furnished or operated by a public utility or privately owned or leased. [1979 c.716 §2; 1983 c.824 §6; 1987 c.320 §18; 1987 c.447 §103; 1989 c.983 §6; 1999 c.1093 §1; 2001 c.385 §1; 2003 c.14 §53; 2005 c.22 §104; 2011 c.644 §§17,62,70; 2012 c.54 §§10,11; 2013 c.180 §§12,13; 2015 c.174 §6; 2015 c.614 §§141,142]

Source: Section 133.721 — Definitions for ORS 41.910 and 133.721 to 133.739 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.748 — OR Code / Title 14 / Chapter 135 / Section 135.748
135.748 Periods of time excluded from time limits
Status: in_force

(1) All applicable periods of elapsed time as follows are excluded from the time limits described in ORS 135.746 (Time period within which trial must commence) :

(a) A period of time during which the defendant is:

(A) Under observation or examination for fitness to proceed under ORS 161.365 (Procedure for determining issue of fitness to proceed) , beginning when the issue of the defendant’s possible lack of fitness to proceed has been raised by the defendant or the defendant’s counsel, until a final determination regarding the defendant’s fitness to proceed has been made by the court;

(B) Determined to be unfit to proceed by the court pursuant to ORS 161.360 (Qualifying mental disorder affecting fitness to proceed) and 161.370 (Determination of fitness to proceed) ;

(C) Under observation or examination after notice of the issue of the defendant’s qualifying mental disorder, partial responsibility, diminished capacity, insanity or other mental defense is raised by the defendant or the defendant’s counsel, until the trial date; or

(D) Unable to appear by reason of illness or physical disability.

(b) A period of time following the filing of an interlocutory appeal or an appeal from the dismissal of the charge or charging instrument, or that results from a stay issued by an appellate court in a mandamus or habeas proceeding, until the appellate judgment is issued or the stay is lifted by the appellate court.

(c) A period of time between a scheduled court appearance at which the defendant fails to appear and the next scheduled court appearance other than an appearance that occurs for the purpose of addressing a warrant resulting from the defendant’s failure to appear.

(d) A period of time during which the defendant’s location is known but the defendant’s presence for trial cannot be obtained, or during which the defendant is outside this state and resists being returned to this state for trial.

(e) A period of time during which the defendant’s location is unknown and:

(A) The defendant has attempted to avoid apprehension or prosecution; or

(B) The defendant’s location cannot be determined by due diligence.

(f) A period of time while the defendant is on trial or engaged in court proceedings in an unrelated matter, whether in the same court or a different court, and was therefore physically unavailable for trial.

(g) A period of time between a mistrial on the charging instrument and a subsequent trial on the charging instrument, not to exceed three months for each mistrial. The three-month limit may be extended by the court for good cause upon request from either party or upon the court’s own motion.

(h) A period of time between a continuance or a rescheduling of a trial date, granted at the request of, or with the consent of, the defendant or the defendant’s counsel, and the new trial date. A defendant who is proceeding without counsel may not consent to a continuance or a rescheduling unless the court has advised the defendant of the defendant’s right to a speedy trial within the time limit required in ORS 135.746 (Time period within which trial must commence) and the consequences of the defendant’s consent to the continuance or rescheduling.

(2) Any period of time excluded pursuant to subsection (1) of this section from the time limits described in ORS 135.746 (Time period within which trial must commence) that applies to a defendant shall apply to all other defendants charged in the charging instrument. However, if the court finds that it is clearly inappropriate to apply the time exclusion to all of the other defendants, the court may order any relief that justice requires. [2014 c.73 §2; 2017 c.634 §2]

Note: See note under 135.746 (Time period within which trial must commence) .

Source: Section 135.748 — Periods of time excluded from time limits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.165 — OR Code / Title 14 / Chapter 147 / Section 147.165
147.165 Payment of awards
Status: in_force

(1) The award made under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) shall be paid in a manner determined by the Department of Justice. Payment for medical, hospital and funeral expenses may be made directly to the service providers.

(2) Where a person eligible to receive an award under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) is a person under the age of 18 years or an incompetent, the award may be paid to a relative, guardian or attorney of such person on behalf of and for the benefit of such person. In such case the payee shall:

(a) File an annual accounting of the award with the department; and

(b) Take such other action as the department shall determine is necessary and appropriate for the benefit of the beneficiary of the award.

(3) A person who is incarcerated is not eligible for payments for loss of earnings for the period of incarceration.

(4) Payment of claims is subject to availability of funds for victim compensation awards as provided in the department budget approved by the Legislative Assembly or the Emergency Board. [1977 c.376 §16; 1987 c.770 §6; 1991 c.862 §7; 2012 c.81 §12]

Source: Section 147.165 — Payment of awards; awards to minors and incompetents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.467 — OR Code / Title 14 / Chapter 137 / Section 137.467
137.467 Delivery of warrant when place of trial changed
Status: in_force

If the place of trial has been changed, the death warrant shall be delivered to the sheriff of the county in which the defendant was tried. [1984 c.3 §6]

Source: Section 137.467 — Delivery of warrant when place of trial changed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.085 — OR Code / Title 14 / Chapter 144 / Section 144.085
144.085 Active parole and post-prison supervision
Status: in_force

(1) All prisoners sentenced to prison for more than 12 months shall serve active periods of parole or post-prison supervision as follows:

(a) Six months of active parole or post-prison supervision for crimes in crime categories one to three;

(b) Twelve months of active parole or post-prison supervision for crimes in crime categories four to 10;

(c) Prisoners sentenced as dangerous offenders under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) , for aggravated murder under ORS 163.105 (Sentencing options for aggravated murder) or for murder in any degree under ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree) shall serve at least three years of active parole or post-prison supervision;

(d) Prisoners sentenced for violating or attempting to violate ORS 163.365 (Rape in the second degree) , 163.375 (Rape in the first degree) , 163.395 (Sodomy in the second degree) , 163.405 (Sodomy in the first degree) , 163.408 (Unlawful sexual penetration in the second degree) , 163.411 (Unlawful sexual penetration in the first degree) , 163.425 (Sexual abuse in the second degree) or 163.427 (Sexual abuse in the first degree) shall serve a term of active parole that extends for the entire term of the offender’s sentence or a term of active post-prison supervision as provided in ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses) ; and

(e) Prisoners sentenced for robbery in the first degree under ORS 164.415 (Robbery in the first degree) or for arson in the first degree under ORS 164.325 (Arson in the first degree) shall serve three years of active parole or post-prison supervision.

(2) Except as authorized in subsections (3) and (4) of this section, when an offender has served the active period of parole or post-prison supervision established under subsection (1)(a) or (b) of this section, the supervisory authority shall place the offender on inactive supervision status.

(3) No sooner than 30 days prior to the expiration of an offender’s active parole or post-prison supervision period as provided in subsection (1) of this section, the supervisory authority may send to the State Board of Parole and Post-Prison Supervision a report requesting the board to extend the active supervision period or to return the offender to active supervision status, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if the offender has not substantially fulfilled the supervision conditions or has failed to complete payment of restitution. The report shall include:

(a) An evaluation of the offender’s compliance with supervision conditions;

(b) The status of the offender’s court-ordered monetary obligations, including fines and restitution, if any;

(c) The offender’s employment status;

(d) The offender’s address;

(e) Treatment program outcome;

(f) Any new criminal activity; and

(g) A recommendation that the board extend the supervision period or return the offender to active supervision status.

(4) After reviewing the report submitted under subsection (3) of this section, the board may extend the active supervision period or return the offender to active supervision status, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if it finds the offender has not substantially fulfilled the supervision conditions or has failed to complete payment of restitution.

(5) During the pendency of any violation proceedings, the running of the supervision period and the sentence is stayed, and the board has jurisdiction over the offender until the proceedings are resolved.

(6) The board shall send written notification to the supervised offender of the expiration of the sentence. [1993 c.680 §4; 1995 c.202 §1; 1995 c.423 §22; 1999 c.161 §2; 2006 c.1 §4; 2013 c.708 §30; 2019 c.635 §13]

Note: 144.085 (Active parole and post-prison supervision) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.085 — Active parole and post-prison supervision; minimum amounts; extension , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.335 — OR Code / Title 14 / Chapter 131 / Section 131.335
131.335 Change of venue
Status: in_force

In accordance with ORS 131.345 (Motion for change of venue) to 131.415 (Conveyance of defendant in custody after change of venue) , the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 §17]

Source: Section 131.335 — Change of venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.295 — OR Code / Title 14 / Chapter 135 / Section 135.295
135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses
Status: in_force

Provision for release contained in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following:

(1) Reckless driving under ORS 811.140 (Reckless driving) .

(2) Driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) .

(3) Failure to perform the duties of a driver under ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons) .

(4) Criminal driving while suspended or revoked under ORS 811.182 (Criminal driving while suspended or revoked) .

(5) Fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer) . [1974 c.35 §1; 1981 c.818 §3; 1983 c.338 §888; 1987 c.730 §5; 1991 c.208 §3]

(Defendant’s Answer Generally)

Source: Section 135.295 — Application of ORS 135.230 to 135.290 to certain traffic offenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.010 — OR Code / Title 14 / Chapter 137 / Section 137.010
137.010 Duty of court to ascertain and impose punishment
Status: in_force

(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 specifically provided by law.

(2) If it cannot be determined whether the felony was committed on or after November 1, 1989, the defendant shall be sentenced as if the felony had been committed prior to November 1, 1989.

(3) Except when a person is convicted of a felony committed on or after November 1, 1989, if the court is of the opinion that it is in the best interests of the public as well as of the defendant, the court may suspend the imposition or execution of any part of a sentence for any period of not more than five years. The court may extend the period of suspension beyond five years in accordance with subsection (4) of this section.

(4) If the court suspends the imposition or execution of a part of a sentence for an offense other than a felony committed on or after November 1, 1989, the court may also impose and execute a sentence of probation on the defendant for a definite or indefinite period of not more than five years. However, upon a later finding that a defendant sentenced to probation for a felony has violated a condition of the probation and in lieu of revocation, the court may order the period of both the suspended sentence and the sentence of probation extended until a date not more than six years from the date of original imposition of sentence. Time during which the probationer has absconded from supervision and a bench warrant has been issued for the probationer’s arrest shall not be counted in determining the time elapsed since imposition of the sentence of probation.

(5) If the court announces that it intends to suspend imposition or execution of any part of a sentence, the defendant may, at that time, object and request imposition of the full sentence. In no case, however, does the defendant have a right to refuse the court’s order, and the court may suspend imposition or execution of a part of the sentence despite the defendant’s objection or request. If the court further announces that it intends to sentence the defendant to a period of probation, the defendant may, at that time, object and request that a sentence of probation or its conditions not be imposed or that different conditions be imposed. In no case, however, does the defendant have the right to refuse a sentence of probation or any of the conditions of the probation, and the court may sentence the defendant to probation subject to conditions despite the defendant’s objection or request.

(6) The power of the judge of any court to suspend execution of any part of a sentence or to sentence any person convicted of a crime to probation shall continue until the person is delivered to the custody of the Department of Corrections.

(7) When a person is convicted of an offense and the court does not suspend the imposition or execution of any part of a sentence or when a suspended sentence or sentence of probation is revoked, the court shall impose the following sentence:

(a) A term of imprisonment;

(b) A fine;

(c) Both imprisonment and a fine; or

(d) Discharge of the defendant.

(8) This section does not deprive the court of any authority conferred by law to enter a judgment for the forfeiture of property, suspend or cancel a license, remove a person from office or impose any other civil penalty. An order exercising that authority may be included as part of the judgment of conviction.

(9) When imposing sentence for a felony committed on or after November 1, 1989, the court shall submit sentencing information to the commission in accordance with rules of the commission.

(10) A judgment of conviction that includes a term of imprisonment for a felony committed on or after November 1, 1989, shall state the length of incarceration and the length of post-prison supervision. The judgment of conviction shall also provide that if the defendant violates the conditions of post-prison supervision, the defendant shall be subject to sanctions including the possibility of additional imprisonment in accordance with rules of the commission. [Amended by 1971 c.743 §322; 1981 c.181 §1; 1987 c.320 §27; 1989 c.790 §6; 1989 c.849 §1; 1993 c.14 §1; 2003 c.576 §388; 2005 c.10 §2]

Source: Section 137.010 — Duty of court to ascertain and impose punishment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.240 — OR Code / Title 14 / Chapter 136 / Section 136.240
136.240 Challenge of accepted juror
Status: in_force

If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.

Source: Section 136.240 — Challenge of accepted juror , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.620 — OR Code / Title 14 / Chapter 147 / Section 147.620
147.620 Certification procedures
Status: repealed

(1) As used in this section:

(a) “Certifying agency” means:

(A) A state or local law enforcement agency;

(B) A prosecutor’s or district attorney’s office;

(C) The Judicial Department, with respect to a judge of a state court acting as a certifying official;

(D) A judge other than a judge of a state court; or

(E) Any other agency that has responsibility for the detection, investigation or prosecution of a qualifying criminal activity, including but not limited to a certifying agency as defined in 8 C.F.R. 214.14.

(b) “Certifying official” means:

(A) The head of a certifying agency;

(B) A judge; or

(C) A person in a supervisory role who has been designated by the head of a certifying agency to issue certifications under this section on behalf of the agency.

(c) “Law enforcement agency” has the meaning given that term in ORS 146.003 (Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992) .

(d) “Petitioner” means a person requesting certification under this section.

(e) “Qualifying criminal activity” has the meaning given that term in 8 C.F.R. 214.14.

(f) “Victim of qualifying criminal activity” has the meaning given that term in 8 C.F.R. 214.14.

(2) Upon the request of a victim or a victim’s representative, a certifying official shall in writing certify that a victim has been helpful on a certification form designated by the United States Citizenship and Immigration Services if:

(a) The victim is a victim of qualifying criminal activity; and

(b) The victim has been helpful, is being helpful or is likely to be helpful to the detection, investigation or prosecution of the qualifying criminal activity.

(3) An ongoing investigation, a prosecution or a conviction is not required for a certification under this section.

(4) For purposes of determining victim helpfulness, there is a rebuttable presumption that a victim is helpful, has been helpful or is likely to be helpful to the detection, investigation or prosecution of a qualifying criminal activity if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement officials.

(5) Intentionally left blank —Ed.

(a) A certifying official processing a certification under this section shall:

(A) Fully complete and sign the certification form; and

(B) Except as provided in paragraph (b) of this subsection, include in the form specific details about the nature of the qualifying criminal activity investigated or prosecuted and a detailed description of the victim’s helpfulness or likely helpfulness.

(b) If the qualifying criminal activity was committed by an adjudicated youth as defined in ORS 419A.004 (Definitions) , the certifying official shall include on the certification form only the following information:

(A) The name of the adjudicated youth;

(B) The case number, if applicable; and

(C) A description of the qualifying criminal activity.

(6) Except under circumstances in which there is good cause for delay, a certifying agency shall grant or deny a request for certification:

(a) Within 90 days of the date of the certification request; or

(b) Within 14 days of the date of the certification request if the victim is in removal proceedings.

(7) Intentionally left blank —Ed.

(a) If a certifying official or agency denies certification under this section, the official or agency shall in writing notify the petitioner of the reason for the denial. The denial notification must contain the following information:

(A) An internal case number that allows the certifying agency to individually identify each certification request;

(B) The date of the denial; and

(C) The reason for the denial consisting of one of the following:

(i) Lack of qualifying criminal activity;

(ii) Lack of helpfulness;

(iii) Lack of jurisdiction over certification request; or

(iv) Other circumstances for which a certifying official or agency may lawfully deny certification.

(b) Upon receiving notice that a request for certification under this section is denied, a petitioner may provide supplemental information to the certifying agency and request that the certification denial be reviewed by the certifying agency.

(c) A petitioner may submit a new request for certification, after a previous request is denied, to another certifying agency for processing if the other certifying agency was involved in investigating the qualifying criminal activity.

(d) A certification agency shall keep a copy of a denial notification for at least three years from the date of the notification.

(e) A decision by a certifying agency to deny certification under this section is not appealable under ORS chapter 19.

(8) Intentionally left blank —Ed.

(a) Certifying agencies and certifying officials are prohibited from disclosing the immigration status of a victim or other petitioner unless the disclosure is:

(A) Required by federal law or legal process; or

(B) Authorized by the victim or other petitioner.

(b) Documents submitted with a request for certification under this section and any written response to a certification request from a certifying official or agency are confidential and may not be disclosed unless the disclosure is:

(A) Required by state or federal law or legal process;

(B) Required by ORS 135.815 (Disclosure to defendant) ;

(C) Constitutionally required;

(D) Requested by a law enforcement agency and necessary for the investigation of a criminal charge; or

(E) Authorized by the victim.

(9) A certifying official is immune from civil and criminal liability for, in good faith, certifying or denying certification under this section.

(10) A certifying agency shall:

(a) Designate a person or persons within the agency responsible for processing requests for certification under this section.

(b) Develop written procedures for processing requests for certification under this section. [2019 c.472 §1; 2021 c.489 §10]

Note: 147.620 (Certification procedures) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1 and 3, chapter 110, Oregon Laws 2023, provide:

Sec. 1. (1)(a) No later than June 1 of each year, a certifying agency shall report to the Oregon Criminal Justice Commission, in the manner described in this subsection, on certification requests under ORS 147.620 (Certification procedures) received by the agency during the previous calendar year.

(b) A report required under this subsection shall be in a format specified by the commission by rule and must include the following information:

(A) The total number, within the previous year, of certification requests received, requests granted and requests denied, and the number of pending certifications on the date of the report; and

(B) For denied certification requests, the number of times each of the following were the reason for the denial:

(i) Lack of qualifying criminal activity;

(ii) Lack of helpfulness;

(iii) Lack of jurisdiction over certification request; or

(iv) Other circumstances for which a certifying official or agency may lawfully deny certification.

(c) A report made under this subsection may not contain any personally identifying information.

(d) A certifying agency that did not receive any certification requests during the previous calendar year must report to the commission that the certifying agency received zero requests.

(2) The commission shall maintain a list of certifying agencies other than individual judges within this state in order to monitor compliance with the reporting requirement described in subsection (1) of this section.

(3) Intentionally left blank —Ed.

(a) Within 90 days of receiving reports under subsection (1) of this section, the commission shall prepare a comprehensive report on the certification process within this state and submit the comprehensive report, in the manner described in ORS 192.245 (Form of report to legislature) , to the interim committees of the Legislative Assembly related to the judiciary. The report shall identify any certifying agency that did not submit a report as required by subsection (1) of this section.

(b) Notwithstanding ORS 147.620 (Certification procedures) (8)(b), in preparing the report under paragraph (a) of this subsection, the commission may request, from a certifying agency or official, copies of denial notifications containing personally identifying information if the information is needed in order to prepare an accurate report. The certifying agency or official shall provide the denial notification to the commission on request. A denial notification received under this paragraph is confidential. [2023 c.110 §1]

Sec. 3. Section 1 of this 2023 Act is repealed on January 2, 2027. [2023 c.110 §3]

Source: Section 147.620 — Certification procedures; duties of certifying agency or official; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.565 — OR Code / Title 14 / Chapter 136 / Section 136.565
136.565 Issuance of subpoena by district attorney for witnesses at trial
Status: in_force

The district attorney may issue subpoenas subscribed by the district attorney for not to exceed 10 witnesses within the state in support of an indictment to appear before the court at which it is to be tried. [Formerly 139.040]

Source: Section 136.565 — Issuance of subpoena by district attorney for witnesses at trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.103 — OR Code / Title 14 / Chapter 137 / Section 137.103
137.103 Definitions for ORS 137.101 to 137.109
Status: in_force

As used in ORS 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim) :

(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 (Economic and noneconomic damages separately set forth in verdict) , except that “economic damages” does not include future impairment of earning capacity; and

(b) In cases involving criminal activities described in ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons) , includes the greater of:

(A) The value to the defendant of the victim’s services as defined in ORS 163.261 (Definitions for ORS 163.261, 163.263 and 163.264) ; or

(B) The value of the victim’s services, as defined in ORS 163.261 (Definitions for ORS 163.261, 163.263 and 163.264) , computed using the minimum wage established under ORS 653.025 (Minimum wage rate) and the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

(3) “Restitution” means full, partial or nominal payment of economic damages to a victim. Restitution is independent of and may be awarded in addition to a compensatory fine awarded under ORS 137.101 (Compensatory fine) .

(4) “Victim” means:

(a) The person or decedent against whom the defendant committed the criminal offense, if the court determines that the person or decedent has suffered or did suffer economic damages as a result of the offense.

(b) Any person not described in paragraph (a) of this subsection whom the court determines has suffered economic damages as a result of the defendant’s criminal activities.

(c) The Criminal Injuries Compensation Account, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection.

(d) An insurance carrier, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection.

(e) Upon the death of a victim described in paragraph (a) or (b) of this subsection, the estate of the victim.

(f) The estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust against which the defendant committed the criminal offense, if the court determines that the estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust suffered economic damages as a result of the offense.

(5) “Victim” does not include any coparticipant in the defendant’s criminal activities. [1977 c.371 §1; 1981 c.637 §1; 1983 c.488 §1; 1983 c.740 §16; 1987 c.905 §16; 2005 c.564 §1; 2005 c.642 §4; 2007 c.811 §5; 2015 c.9 §1; 2021 c.478 §9]

Source: Section 137.103 — Definitions for ORS 137.101 to 137.109 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.941 — OR Code / Title 14 / Chapter 135 / Section 135.941
135.941 Early disposition programs
Status: in_force

To effectuate the purposes set out in ORS 135.942 (Purposes of program) , each local public safety coordinating council established under ORS 423.560 (Local public safety coordinating council) :

(1) Shall establish early disposition programs for first-time offenders who have committed a nonperson offense and for persons charged with probation violations. As used in this subsection, “nonperson offense” means an offense other than:

(a) A Class A or B felony; and

(b) A person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.

(2) May establish early disposition programs for other offenders. [2001 c.635 §6]

Note: 135.941 (Early disposition programs) to 135.949 (Other programs authorized) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 135.941 — Early disposition programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.485 — OR Code / Title 14 / Chapter 133 / Section 133.485
133.485 Perishable property
Status: in_force

If any of the property seized, as provided in ORS 133.465 (Seizure of stolen animals or other property being transported) , is perishable, or livestock or fowls where the cost of keeping is great, the sheriff shall, upon order of the court, sell the same in the manner in which property is sold on execution. [Formerly 142.120]

Source: Section 133.485 — Perishable property; livestock or fowls , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.019 — OR Code / Title 14 / Chapter 153 / Section 153.019
153.019 Presumptive fines
Status: in_force

(1) Except as provided in ORS 153.020 (Presumptive fines) , 153.062 (Class E violation proceedings) and 430.391 (Behavioral Health Resource Network statewide telephone hotline) , the presumptive fines for violations are:

(a) $440 for a Class A violation.

(b) $265 for a Class B violation.

(c) $165 for a Class C violation.

(d) $115 for a Class D violation.

(e) $100 for a Class E violation.

(2) The presumptive fine for a specific fine violation is:

(a) The amount specified by statute as the presumptive fine for the violation; or

(b) An amount equal to the greater of 20 percent of the maximum fine prescribed for the violation, or the minimum fine prescribed by statute for the violation.

(3) Any surcharge imposed under ORS 1.188 (Surcharge on fines for courthouse) shall be added to and made a part of the presumptive fine. [2011 c.597 §2; 2016 c.78 §3; 2017 c.712 §1; 2021 c.591 §13]

Source: Section 153.019 — Presumptive fines; generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.370 — OR Code / Title 14 / Chapter 135 / Section 135.370
135.370 Not guilty plea as denial of allegations of accusatory instrument
Status: in_force

The plea of not guilty controverts and is a denial of every material allegation in the accusatory instrument. [Formerly 135.860]

Source: Section 135.370 — Not guilty plea as denial of allegations of accusatory instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.157 — OR Code / Title 14 / Chapter 137 / Section 137.157
137.157 Level IV obligations in circuit court judgments
Status: in_force

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 (“Public body” defined) . [Formerly 137.296]

Source: Section 137.157 — Level IV obligations in circuit court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.061 — OR Code / Title 14 / Chapter 153 / Section 153.061
153.061 Appearance by defendant
Status: in_force

(1) Except as provided in subsection (2) of this section, a defendant who has been issued a violation citation must either:

(a) Make a first appearance by personally appearing in court at the time indicated in the summons; or

(b) Make a first appearance in the manner provided in subsection (3) of this section before the time indicated in the summons.

(2) If a defendant is issued a violation citation for careless driving under ORS 811.135 (Careless driving) on which a police officer noted that the offense contributed to an accident and that the cited offense appears to have contributed to the serious physical injury or death of a vulnerable user of a public way, the officer may not enter the amount of the presumptive fine on the summons and the defendant must make a first appearance by personally appearing in court at the time indicated in the summons.

(3) Intentionally left blank —Ed.

(a) Except as provided in this section, a defendant who has been issued a violation citation may make a first appearance in the matter before the time indicated in the summons by one of the following means:

(A) The defendant may submit to the court a written or oral request for a trial.

(B) The defendant may enter a plea of no contest by:

(i) Delivering to the court, a Central Violations Bureau established under ORS 153.806 (Central Violations Bureau) or a Violations Bureau established by the court under ORS 153.800 (Violations Bureau established by court) the summons and a check or money order in the amount of the presumptive fine set forth in the summons; or

(ii) Appearing by electronic or telephonic means and entering the plea with a Central Violations Bureau established under ORS 153.806 (Central Violations Bureau) or a Violations Bureau established by the court under ORS 153.800 (Violations Bureau established by court) .

(b) The entry of a plea under paragraph (a)(B) of this subsection constitutes a waiver of trial and consent to the entry of a judgment forfeiting the presumptive fine.

(c) A no contest plea under this subsection is not subject to the requirements of ORS chapter 135 relating to the entry of pleas and, upon receipt of the plea, the court may enter judgment against the defendant without taking further evidence.

(4) The court may require that a defendant requesting a trial under subsection (3) of this section deposit an amount equal to the presumptive fine established under ORS 153.019 (Presumptive fines) and 153.020 (Presumptive fines) or such other amount as the court determines appropriate if the defendant has failed to appear in any court on one or more other charges in the past. If the defendant does not deposit the amount specified by the court, the defendant must personally appear in court at the time indicated in the summons. The amount deposited by the defendant may be applied against any fine imposed by the court, and any amount not so applied shall be refunded to the defendant at the conclusion of the proceedings.

(5) The court may require a defendant to appear personally in any case, or may require that all defendants appear in specified categories of cases.

(6) If a defendant has entered a no contest plea in the manner provided in subsection (3) of this section, and the court determines that the presumptive fine is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances, the court may require that a trial be held unless an additional fine amount is paid by the defendant before a specified date. Notice of an additional fine amount under this subsection may be given to the defendant by mail. In no event may the court require a total fine amount in excess of the maximum fine established for the violation by statute.

(7) If a defendant fails to make a first appearance on a citation for a traffic violation, as defined by ORS 801.557 (“Traffic violation.”) , fails to make a first appearance on a citation for a violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) , or fails to appear at any other subsequent time set for trial or other appearance, the driving privileges of the defendant are subject to suspension under ORS 809.220 (Failure to appear) . [1999 c.1051 §17; 2001 c.817 §2; 2007 c.784 §5; 2011 c.597 §§25,313; 2012 c.89 §4; 2019 c.60 §4; 2021 c.411 §4]

Source: Section 153.061 — Appearance by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 133.375 — OR Code / Title 14 / Chapter 133 / Section 133.375
133.375 Definitions for ORS 133.375 to 133.381
Status: in_force

As used in ORS 133.375 (Definitions for ORS 133.375 to 133.381) to 133.381 (Procedure in arrests for violation of certain restraining orders) :

(1) “Animal” has the meaning given that term in ORS 167.310 (Definitions for ORS 167.310 to 167.351) .

(2) “Owner” or “person” includes corporations as well as individuals. [Formerly 770.210; 1985 c.662 §11; 2011 c.9 §6]

Source: Section 133.375 — Definitions for ORS 133.375 to 133.381 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.523 — OR Code / Title 14 / Chapter 137 / Section 137.523
137.523 Custody of person sentenced to confinement as condition of probation
Status: in_force

For felonies committed on or after November 1, 1989:

(1) When the judge sentences the defendant to confinement in a county jail as a condition of probation, the judge shall sentence the defendant directly to the custody of the sheriff or the supervisory authority, as defined in rules of the Oregon Criminal Justice Commission, with jurisdiction over the county jail.

(2) When the judge recommends a custodial facility or program other than jail as a condition of probation, the judge shall sentence the defendant directly to the custody of the supervisory authority, as defined in rules of the Oregon Criminal Justice Commission, with jurisdiction over the facility or program. Before imposing such a sentence, the judge must determine from the supervisory authority that space is available in the facility or program and that the defendant meets the eligibility criteria established for the facility or program.

(3) A record of the time served by the defendant in custody under community supervision during probation shall be maintained as provided by rules adopted by the Oregon Criminal Justice Commission. [1989 c.790 §18]

Note: 137.523 (Custody of person sentenced to confinement as condition of probation) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.523 — Custody of person sentenced to confinement as condition of probation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.275 — OR Code / Title 14 / Chapter 135 / Section 135.275
135.275 Seizure of security by law enforcement agency
Status: in_force

(1) A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270 (Taking of security) , in order to obtain security release as described in ORS 135.265 (Security release) unless the law enforcement agency first obtains:

(a) A search warrant issued pursuant to ORS 133.545 (Issuance of search warrant) authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535 (Permissible objects of search and seizure) ; or

(b) A court order under ORS 131A.060 (Seizure with court order) directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020 (Property subject to forfeiture) .

(2) After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.

(3) As used in this section, “law enforcement agency” has the meaning given that term in ORS 131A.005 (Definitions) . [2015 c.493 §2]

Source: Section 135.275 — Seizure of security by law enforcement agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.740 — OR Code / Title 14 / Chapter 144 / Section 144.740
144.740 Request for appearance by prosecuting attorney at release date hearing
Status: in_force

(1) For the purposes of obtaining additional information for the hearing, the State Board of Parole and Post-Prison Supervision may make a request to the district attorney of the county in which a person was convicted that a representative of the office of the prosecuting attorney appear at any hearing during which the board is to consider setting or resetting a release date for the person.

(2) Upon a board request for appearance at a hearing described in subsection (1) of this section, the district attorney shall:

(a) Appear at the hearing if the district attorney prosecuted the person.

(b) Notify the Attorney General of the request for appearance if the Attorney General prosecuted the person.

(3) Upon receiving notification from a district attorney of a request for appearance under subsection (2)(b) of this section, the Attorney General shall appear at the hearing described in subsection (1) of this section.

(4) Notwithstanding subsection (2)(a) of this section, a district attorney may request, and the Attorney General may agree, that the Attorney General appear at a hearing described in subsection (1) of this section in lieu of the district attorney.

(5) Any appearance at a hearing made pursuant to this section may be made in person, by telephone or by electronic communication device.

(6) Nothing in this section limits or impairs the right of a district attorney to appear at a board hearing under any other provision of law. [2015 c.161 §1]

Note: 144.740 (Request for appearance by prosecuting attorney at release date hearing) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.740 — Request for appearance by prosecuting attorney at release date hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.490 — OR Code / Title 14 / Chapter 136 / Section 136.490
136.490 Discharge of defendant upon acquittal
Status: in_force

If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a new accusatory instrument may be preferred, in the same manner and with like effect, as provided in ORS 135.540 (Effect of resubmission of case) . [Formerly 136.710]

Source: Section 136.490 — Discharge of defendant upon acquittal; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.705 — OR Code / Title 14 / Chapter 137 / Section 137.705
137.705 Definitions
Status: in_force

(1) Intentionally left blank —Ed.

(a) As used in this section and ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) :

(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 (Definitions) .

(C) “Prosecuted” includes pretrial and trial procedures, requirements and limitations provided for in criminal cases.

(b) Unless otherwise provided in ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) , ORS chapters 137 and 138 apply to proceedings under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) .

(2) Intentionally left blank —Ed.

(a) If the juvenile court enters an order of waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a), the person waived may be charged with the commission of an offense listed in ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) and may be prosecuted as an adult. The person may be detained in custody only in a detention facility, unless the person is 16 or 17 years of age and the director of the county juvenile department and the sheriff agree to detain the person in a jail or other place where adults are detained. A person detained in accordance with this paragraph is subject to release on the same terms and conditions as for adults.

(b) If a person waived under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a) is under 16 years of age, the person may not be detained before conviction, or after conviction but before execution of the sentence, in a jail or other place where adults are detained. [1995 c.422 §48; 2011 c.122 §1; 2019 c.634 §4]

Note: Section 32, chapter 634, Oregon Laws 2019, provides:

Sec. 32. (1) Sections 24 [ 161.740 (Sentencing of juvenile offenders) ] and 25 [ 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) ], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents) , 137.124 (Commitment of defendant to Department of Corrections or county) , 137.705 (Definitions) , 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) , 137.712 (Exceptions to ORS 137.700 and 137.707) , 144.185 (Records and information available to board) , 161.610 (Enhanced penalty for use of firearm during commission of felony) , 161.620 (Sentences imposed upon waiver) , 163.105 (Sentencing options for aggravated murder) , 163.115 (Murder in the second degree) , 163.155 (Sentencing for murder of pregnant victim) , 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon) , 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction) , 339.317 (Notice to school district of person charged with crime) , 339.319 (Notice to school district of person convicted of crime) , 339.321 (Notice to school district and law enforcement agencies of release or discharge of person) , 419C.005 (Jurisdiction) , 419C.050 (Transfer to juvenile court from another court) , 419C.346 (Juvenile court’s retention of authority over parent) , 419C.349 (Grounds for waiving youth to adult court) , 419C.352 (Grounds for waiving youth under 15 years of age) , 419C.355 (Written findings required) , 419C.358 (Consolidation of nonwaivable and waivable charges) , 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses) , 420.011 (Admissions to youth correction facilities) , 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019 [ 163.107 (Murder in the first degree) ], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.

(2) Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents) , 137.124 (Commitment of defendant to Department of Corrections or county) , 137.705 (Definitions) , 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) , 137.712 (Exceptions to ORS 137.700 and 137.707) , 144.185 (Records and information available to board) , 161.610 (Enhanced penalty for use of firearm during commission of felony) , 161.620 (Sentences imposed upon waiver) , 163.105 (Sentencing options for aggravated murder) , 163.115 (Murder in the second degree) , 163.155 (Sentencing for murder of pregnant victim) , 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon) , 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction) , 339.317 (Notice to school district of person charged with crime) , 339.319 (Notice to school district of person convicted of crime) , 339.321 (Notice to school district and law enforcement agencies of release or discharge of person) , 419C.005 (Jurisdiction) , 419C.050 (Transfer to juvenile court from another court) , 419C.346 (Juvenile court’s retention of authority over parent) , 419C.349 (Grounds for waiving youth to adult court) , 419C.352 (Grounds for waiving youth under 15 years of age) , 419C.355 (Written findings required) , 419C.358 (Consolidation of nonwaivable and waivable charges) , 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses) , 420.011 (Admissions to youth correction facilities) , 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]

Note: See second note under 137.700 (Offenses requiring imposition of mandatory minimum sentences) .

Source: Section 137.705 — Definitions; adult prosecution of certain juvenile offenders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.013 — OR Code / Title 14 / Chapter 137 / Section 137.013
137.013 Appearance by victim at time of sentencing
Status: in_force

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 and compensatory fine. [1987 c.2 §10]

Source: Section 137.013 — Appearance by victim at time of sentencing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 132.350 — OR Code / Title 14 / Chapter 132 / Section 132.350
132.350 Juror’s knowledge of an offense
Status: in_force

(1) If a grand juror knows or has reason to believe that a crime which is triable in the county has been committed, the grand juror shall disclose the same to the fellow jurors, who may thereupon investigate the same.

(2) An indictment or presentment must not be found upon the statement of a grand juror unless the grand juror is sworn and examined as a witness.

(3) A grand juror testifying as provided in subsection (2) of this section shall not vote on the indictment nor be present during deliberations thereon. [Amended by 1973 c.836 §48]

Source: Section 132.350 — Juror’s knowledge of an offense; action thereon , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 147.298 — OR Code / Title 14 / Chapter 147 / Section 147.298
147.298 Where action may be initiated
Status: in_force

The Department of Justice may initiate an action under ORS 147.294 (Liability of person making payment after notice of lien is recorded) and 147.296 (Action for failure to provide notice) in the circuit court for Marion County, the county where the compensable crime occurred or the county in which any party bound by the judgment, settlement or compromise resides. [2005 c.383 §10]

Source: Section 147.298 — Where action may be initiated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).