justicedao/ipfs_state_laws huggingface dataset:
213-004-0001 Sentencing Guidelines Grid (1) The sentencing guidelines grid is a two-dimensional classification tool. The vertical axis is the Crime Seriousness Scale which classifies current crimes of conviction. The horizontal axis is the Criminal History Scale which classifies criminal histories. (2) Each grid block states the presumptive sentence for an offender whose crime of conviction and criminal history place him or her in that grid block. The solid black line dividing the grid blocks is the dispositional line. The grid is set forth as Appendix 1. [ED. NOTE: Appendix referenced is available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17 CJC 2-2012, f. & cert. ef. 4-27-12 Reverted to CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0001 CJC 1-2007(Temp), f. & cert. ef. 4-25-07 thru 10-21-07 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0001 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
213-004-0002 Crime Seriousness Scale (1) The Crime Seriousness Scale consists of eleven categories of crimes. Each crime category represents crimes of relatively equal seriousness. The complete Crime Seriousness Scale is set forth in OAR 213-017-0000 through 0011. (2) When the statutory definition of an offense includes a broad range of criminal conduct, the offense may be subclassified factually in more than one crime category to capture the full range of criminal conduct covered by the statutory offense. The list of subclassified offenses is set forth in OAR 213-018-0000 through 0090. (3) Drug related offenses are separately classified and subclassified. Those classifications are set forth in OAR 213-019-0000 through 0015. Statutory/Other Authority: ORS 137.667 - 137.669, 2001 OL Ch. 510 (HB 2353) & 857 (HB 3035) Statutes/Other Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 510 (HB 2353), 615 (HB 3661), 857 (HB 3035) & 870 (HB 2918) History: CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02 CJC 1-1999, f. & cert. ef. 11-1-99 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0002 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0003 Aggravated Murder, Murder I, Murder II (1) The offense of Aggravated Murder is not ranked in the Crime Seriousness Scale because the sentence is set by statute as death or mandatory life imprisonment (ORS 163.095–163.105). (2) The offenses of Murder I and Murder II are not ranked in the Crime Seriousness Scale because the sentences for those offenses are set by statute. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019) History: CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020 CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0003 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0004 Other Unranked Offenses Except for Aggravated Murder, Murder I, and Murder II, when a person is convicted of any other felony which is omitted from the Crime Seriousness Scale, the sentencing judge shall determine the appropriate crime category for the current crime of conviction and shall state on the record the reasons for the offense classification. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019) History: CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020 CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020 CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0004 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0005 Attempts And Solicitations (1) A conviction for an attempted crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for an attempted crime shall not exceed the maximum sentence permitted for such criminal conduct under ORS 161.405. (2) A conviction for soliciting a crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for a solicitation offense shall not exceed the maximum sentence permitted by law for such criminal conduct under ORS 161.435. (3) A conviction for attempted Aggravated Murder shall be ranked on the Crime Seriousness Scale at crime category 11. (4) A conviction for attempted Murder I shall be ranked on the Crime Seriousness Scale at crime category 10. (5) A conviction for attempted Murder II shall be ranked on the Crime Seriousness Scale at crime category 9. (6) A conviction for an attempt or solicitation of an offense ranked on the Crime Seriousness Scale at crime category 1 or 2 shall be ranked at crime category 1. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019) History: CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020 CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0005 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0006 Criminal History Scale (1) The Criminal History Scale includes nine mutually exclusive categories used to classify an offender’s criminal history according to the extent and nature of the offender’s criminal history at the time the current crime or crimes of conviction is sentenced. The nine categories in the scale are labeled alphabetically and are arranged in order of seriousness from the most serious (Criminal History Category A) to the least serious (Criminal History Category I). (2) An offender’s criminal history is based upon the number of adult felony and Class A misdemeanor convictions and juvenile adjudications in the offender’s criminal history at the time the current crime or crimes of conviction are sentenced. For crimes committed on or after November 1, 1989 a conviction is considered to have occurred upon the pronouncement of sentence in open court. For crimes committed prior to November 1, 1989 a conviction is considered to have occurred upon pronouncement in open court of a sentence, or upon the pronouncement in open court of the suspended imposition of a sentence. Prior adult convictions or juvenile adjudications which have been expunged shall not be considered when classifying an offender’s criminal history. Prior findings of “guilty except for insanity” shall not be considered when classifying an offender’s criminal history. (3) Whether a prior offense should be classified as a misdemeanor conviction or a felony conviction for criminal history purposes shall be determined by the classification of the offense at the time of conviction as announced by the sentencing judge rather than by the sentence imposed for the crime. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0006 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 2-1989, f. 10-17-89 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0007 Criminal History Categories The criminal history categories in the Criminal History Scale are: Criminal History Categories A — The offender’s criminal history includes three or more person felonies in any combination of adult convictions or juvenile adjudications. B — The offender’s criminal history includes two person felonies in any combination of adult convictions or juvenile adjudications. C — The offender’s criminal history includes one adult conviction or juvenile adjudication for a person felony; and one or more adult conviction or juvenile adjudication for a non-person felony. D — The offender’s criminal history includes one adult conviction or juvenile adjudication for a person felony; but no adult conviction or juvenile adjudications for a non-person felony. E — The offender’s criminal history includes four or more adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony. F — The offender’s criminal history includes two or three adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony. G —The offender’s criminal history includes four or more adult convictions for Class A misdemeanors; one adult conviction for a non-person felony; or three or more juvenile adjudications for non-person felonies, but no adult conviction or juvenile adjudication for a person felony. H — The offender’s criminal history includes no adult felony conviction or juvenile adjudication for a person felony; no more than two juvenile adjudications for non-person felonies; and no more than three adult convictions for Class A misdemeanors. I — The offender’s criminal history does not include any juvenile adjudication for a felony or any adult conviction for a felony or Class A misdemeanor. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0007 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88 cert. ef. 9-1-89
213-004-0008 Person Class A Adult Misdemeanor Convictions Every two prior adult convictions of person Class A misdemeanors in the offender’s criminal history shall be counted as one adult conviction of a person felony for criminal history purposes. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0008 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0009 Prior ORS 813.010 (DUII) Convictions In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle: (1) Every two prior convictions for misdemeanor driving while under the influence of intoxicants or comparable statutory offense or ordinance violation in the offender's criminal history shall be counted as one conviction of felony driving under the influence of intoxicants; and (2) Each felony conviction for driving while under the influence of intoxicants shall be counted as a person felony and each misdemeanor conviction for driving while under the influence of intoxicants shall be counted as a person Class A misdemeanor. Statutory/Other Authority: ORS 137.667 & 813.012 Statutes/Other Implemented: ORS 137.667 - 137.669 & 813.012 History: CJC 1-1999, f. & cert. ef. 11-1-99 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0009 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0010 Burglary I (1) A prior Burglary I (ORS 164.225) conviction for an offense committed after the effective date of these rules shall be classified for criminal history: (a) As a prior person felony if that prior conviction was classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)); and (b) As a prior non-person felony if that prior conviction was classified as a Crime Category 7 offense on the Crime Seriousness Scale (OAR 213-018-0025(3)). (2) A prior Burglary I (ORS 164.225) conviction for an offense committed before the effective date of these rules or any juvenile adjudication for conduct, committed before or after the effective date of these rules, which if committed by an adult would have constituted Burglary I shall be classified as a prior person felony if the State proves by a preponderance of the evidence that the criminal conduct would have been classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)), however if the State does not meet that burden of proof, then the prior offense shall be classified as a prior non-person felony in crime category 7 (213-018-0025(3)). Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1999, f. & cert. ef. 11-1-99 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0010 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0011 Out-of-State Adult Convictions and Juvenile Adjudications (1) An out-of-state adult conviction shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony or Class A misdemeanor under current Oregon law. (2) Out-of-state juvenile adjudications shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony under current Oregon law if committed by an adult. (3) Out-of-state adult convictions and out-of-state juvenile adjudications described in sections (1) and (2) of this rule shall be classified as person felonies or person Class A misdemeanors if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15). (4) Any adult conviction arising from a federal or military tribunal shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15). (5) Any adult conviction or juvenile adjudication under a subsequently repealed statute shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense currently listed at OAR 213-003-0001(14) or (15). Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0011 CJC 2-1995, f. & cert. ef. 11-2-95 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-004-0013 Proof of Criminal History (1) The offender’s criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge. (2) Except to the extent disputed in accordance with section (3) of this rule, the summary of the offender’s criminal history prepared for the court by the state shall satisfy the state’s burden of proof as to an offender’s criminal history. (3) Upon receipt of the criminal history summary prepared for the court by the district attorney, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history summary. Except to the extent any disputed part is thereafter changed by agreement of the district attorney and the defendant with the approval of the sentencing judge, the state shall have the burden of producing further evidence to satisfy its burden of proof as to any disputed part or parts of the criminal history and the sentencing judge shall allow the state reasonable time to produce such evidence to establish the disputed portion of the criminal history by a preponderance of the evidence. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0013 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-005-0001 Place and Term of Incarceration (1) If an offense is classified in a grid block above the dispositional line, the presumptive sentence shall be a term of imprisonment within the durational range of months stated in the grid block. The sentencing judge should select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure. (2) Terms of incarceration 12 months or less shall be served at the direction of the supervisory authority. Terms of incarceration greater than 12 months shall be served in the legal and physical custody of the Department. (3) Notwithstanding the term of imprisonment imposed by the sentencing court, and as authorized by the court pursuant to ORS 137.750 for crimes committed on or after December 5, 1996, an offender who enters and successfully completes a special alternative incarceration program, in accordance with the rules and procedures adopted by the Department of Corrections pursuant to ORS 421.500 et. seq., may be released early to serve the term of post-prison supervision imposed as part of the original sentence. (4) Notwithstanding section (2) of this rule: (a) Terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department; and (b) Offenders sentenced under 2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration of 90 days, without reduction for any reason. Statutory/Other Authority: ORS 137.667, 421.512 & 2003 OL Ch. 464 Statutes/Other Implemented: ORS 137.667, 137.669, 137.750, 163.165(2), 421.512, 2011 OL Ch. 3 §1 & 2011 OL Ch. 598 History: CJC 4-2012, f. & cert. ef. 10-16-12 CJC 2-2012, f. & cert. ef. 4-27-12 CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04 CJC 1-1999, f. & cert. ef. 11-1-99 CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0001 SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-005-0002 Term of Post-Prison Community Supervision (1) A term of community supervision is part of the sentence for any felony offender who is sentenced to the legal and physical custody of the Department or to the supervisory authority. This term of community supervision shall be described as post-prison supervision. Departures on the duration of post-prison supervision shall not be allowed. (2) The duration of post-prison supervision shall be determined by the crime seriousness category of the most serious current crime of conviction: (a) One year for Crime Categories 1–3, two years for Crime Categories 4–6 and three years for Crime Categories 7–11. (b) Notwithstanding section (2)(a) of this rule, the following periods of post-prison supervision shall apply: (A) For an offender convicted of murder or aggravated murder the period shall be as established in OAR 213-005-0004. (B) For an offender sentenced as a sexually violent dangerous offender the period shall be as established in OAR 213-005-0004. (C) The duration of the term of post-prison supervision as designated in ORS 144.103. (3) The term of post-prison supervision shall begin upon completion of the offender's prison term or such term as directed by the supervisory authority. For offenders successfully completing the alternative incarceration program (boot camp) described in ORS 421.500 et seq., the term of post-prison supervision begins upon release pursuant to ORS 421.508(3). (4) The term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction. When the total duration of any sentence (prison incarceration and post-prison supervision) exceeds the statutory maximum indeterminate sentence described in ORS 161.605, the sentencing judge shall first reduce the duration of post-prison supervision to the extent necessary to conform the total sentence length to the statutory maximum. (5) The duration of post-prison supervision established under section (2) of this rule does not apply to dangerous offender departure sentences, which shall be governed by ORS 144.232. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 & 144.103 History: CJC 1-2006, f. & cert. ef. 4-12-06 CJC 1-1999, f. & cert. ef. 11-1-99 CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0002 SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1993(Temp), f. & cert. ef. 9-15-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-005-0003 Supervisory Responsibility When a term of post-prison supervision is imposed as part of a sentence, the offender shall serve the term of supervision in the community under the supervision of the Department of Corrections or a corrections agency designated by the Department. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0003 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-005-0004 Post-Prison Supervision for Murder, Aggravated Murder or as a Sexually Violent Dangerous Offender (1) The term of post-prison supervision for an offender serving a sentence for murder or aggravated murder shall be for the remainder of the offender's life, unless the Board finds a shorter term appropriate. In no case shall the term of supervision be less than three years. (2) The limit on sanctions for post-prison supervision violations provided in OAR 213-011-0004(3) shall not apply to offenders on post-prison supervision as provided by this rule. (3) The term of post-prison supervision for an offender found by the sentencing court to be a sexually violent dangerous offender pursuant to ORS 137.765 shall be for the remainder of the offender's life. (4) The limit on sanctions for post-prison supervision violations provided in OAR 213-011-0004(3) shall not apply to offenders on post-prison supervision as provided by section (3) of this rule. (5) Offenders on post-prison supervision as provided by section (3) of this rule may be incarcerated up to 180 days for any violation of post-prison supervision. The sanction may be imposed repeatedly during the term of the post-prison supervision for subsequent post-prison supervision violations. The Board or supervisory authority may impose only a single sanction for all violations known to the Board or supervisory authority as of the date that the sanction is imposed. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 & 137.765 History: CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04 CJC 1-1999, f. & cert. ef. 11-1-99 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0004 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
213-005-0005 Judgment of Conviction Each judgment of conviction for an offense committed on or after the effective date of these rules shall state the length of incarceration and the length of post-prison supervision. The judgment of conviction shall also expressly provide that if the offender violates the conditions of post-prison supervision, the offender shall be subject to sanctions imposed by the supervisory agent or additional incarceration imposed by the Board in accordance with these rules. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0005 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89