justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 137 — Judgment and Execution;

ORS 137.580. Effect of transfer of probationer from one agency to another. Whenever the transfer mentioned in ORS 137.570 is made, the court making it shall send to the probation agency to whose supervision the probationer is transferred a copy of all the records of the court as to the offense, criminal record and social history of the probationer. The probation agency shall report concerning the conduct and progress of the probationer to the court that sentenced the probationer to probation. Parole and probation officers or agencies shall have, with respect to persons transferred to their supervision from any other jurisdiction, all the powers and be subject to all the duties now imposed by law upon them in regard to probationers received on probation from courts in their own jurisdiction.
ORS Chapter 137 — Judgment and Execution;

ORS 137.590. Appointment of parole and probation officers and assistants; chief parole and probation officer. The judge or judges of any court of criminal jurisdiction, including municipal courts, may appoint, with the prior approval of the governing body of the county or city involved, and at pleasure remove, parole and probation officers and clerical assistants that may be necessary. Parole and probation officers appointed by the court shall be selected because of definite qualifications as to character, personality, ability and training. In courts where more than one parole and probation officer is appointed, one shall be designated chief parole and probation officer and shall have general supervision of the probation work of parole and probation officers appointed by and under the direction of the court. Appointments shall be in writing and entered on the records of the court. Parole and probation officers and clerical assistants appointed under this section are not state officers or employees, and their compensation and expenses shall not be paid by the state.
ORS Chapter 137 — Judgment and Execution;

ORS 137.592. Policy regarding probation violations. The Legislative Assembly finds that: (1) To protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments. (2) Decisions to incarcerate offenders in state prisons for violation of the conditions of probation must be made upon a reasonably systematic basis that will insure that available prison space is used to house those offenders who constitute a serious threat to the public, taking into consideration the availability of both prison space and local resources. [1993 c.680 8] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.593. Duty of corrections agencies to impose structured, intermediate sanctions for probation violations. (1) Except as otherwise provided in subsection (2) of this section, when a court suspends the imposition or execution of sentence and places a defendant on probation, or sentences a defendant to probation under the rules of the Oregon Criminal Justice Commission and orders a defendant placed under the supervision of the Department of Corrections or a county community corrections agency, the Department of Corrections or the county community corrections agency shall impose structured, intermediate sanctions for the violation of conditions of probation in accordance with rules adopted under ORS 137.595. Under no circumstances may the Department of Corrections or a county community corrections agency revoke probation. (2) Notwithstanding ORS 137.124 and 423.478 and any other provision of law, the sentencing judge shall retain authority: (a) To revoke probation and receive recommendations regarding revocation of probation from the supervising officer made in accordance with rules adopted under ORS 137.595; (b) To determine whether conditions of probation have been violated and to impose sanctions for the violations if the court, at the time of sentencing, states on the record that the court is retaining such authority; (c) To cause a probationer to be brought before the court for a hearing upon motion of the district attorney or the courts own motion prior to the imposition of any structured, intermediate sanctions or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on the probationer pursuant to rules adopted under ORS 137.595 and to revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law; and (d) To impose and require an offender to serve a period of incarceration not to exceed 180 days as a sanction for revocation of probation. (3) In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595. [1993 c.680 10; 1995 c.423 9a] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.596. Probation violations; custodial sanctions; rules. The Oregon Criminal Justice Commission shall amend its rules to increase the jail and nonjail custody units that can be imposed as custodial sanctions for probation violations under ORS 137.595. The commission shall base the amendments on the existing rule structure and may not increase existing sanction limits by more than 60 days. [2001 c.737 1] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.597. Probationer may consent to imposition of sanctions. Subject to rules adopted under ORS 137.595, after receiving written notification of rights, a probationer may waive in writing a probation violation hearing, admit or not contest the violations alleged in the probation violation report and consent to the imposition of structured, intermediate sanctions by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595. [1993 c.680 12] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.599. Hearing prior to, or after, imposition of sanctions. Prior to the imposition of any structured, intermediate sanction or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on a probationer pursuant to rules adopted under ORS 137.595, the court, upon motion of the district attorney or on its own motion, may cause the probationer to be brought before the court for a hearing, and may revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law. In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS
ORS Chapter 137 — Judgment and Execution;

ORS 137.600. [Repealed by 1955 c.491 9]
ORS Chapter 137 — Judgment and Execution;

ORS 137.610. Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge. The judge or judges of any court of criminal jurisdiction, including municipal courts, may request at any time the staff of the Department of Corrections to perform any of the duties that might be required of a parole and probation officer appointed by the court pursuant to ORS 137.590. All requests for services of the staff shall be made upon the Director of the Department of Corrections, who shall order the prompt performance of any such requested service whenever members of the staff are available for such duty.
ORS Chapter 137 — Judgment and Execution;

ORS 137.620. Powers of parole and probation officers; oath of office; bond; audit of accounts. (1) As used in this section, parole and probation officer has the meaning given that term in ORS 181A.355. (2) Parole and probation officers of the Department of Corrections or a county community corrections agency and those appointed by the court have the powers of peace officers in the execution of their duties, but are not active members of the regular police force. Each parole and probation officer appointed by the court, before entering on the duties of office, shall take an oath of office. Each parole and probation officer who collects or has custody of money shall execute a bond in a penal sum to be fixed by the court, with sufficient sureties approved thereby, conditioned for the honest accounting of all money received by the parole and probation officer as a parole and probation officer. The accounts of all parole and probation officers are subject to audit at any time by the proper fiscal authorities.
ORS Chapter 137 — Judgment and Execution;

ORS 137.630. Duties of parole and probation officers. (1) The duties of parole and probation officers appointed pursuant to ORS 137.590 or 423.500 to 423.560 are: (a) To make investigations and reports under ORS 137.530 as are required by the judge of any court having jurisdiction within the county, city or judicial district for which the officer is appointed to serve. (b) To receive under supervision any person sentenced to probation by any court in the jurisdiction area for which the officers are appointed to serve. (c) To provide release assistance, and supervise any person placed in a diversion, work release or community services alternative program, by any court in the jurisdiction area for which the officers are appointed to serve. (d) To give each person under their supervision a statement of the conditions of probation or program participation and to instruct the person regarding the conditions. (e) To keep informed concerning the conduct and condition of persons under their supervision by visiting, requiring reports and otherwise. (f) To use all suitable methods, not inconsistent with the condition of probation or program participation, to aid and encourage persons under their supervision and to effect improvement in their conduct and condition. (g) To keep detailed records of the work done and to make reports to the courts and to the Department of Corrections as the courts require. (h) To perform other duties not inconsistent with the normal and customary functions of parole and probation officers as may be required by any court in the jurisdiction area for which the officers are appointed to serve. (2) Parole and probation officers of the Department of Corrections have duties as specified by rule adopted by the Director of the Department of Corrections. (3) Notwithstanding subsection (2) of this section, parole and probation officers may not be required to collect from persons under their supervision any fees to offset the costs of supervising the probation.
ORS Chapter 137 — Judgment and Execution;

ORS 137.633. Earned reduction of supervision period; rules. (1) A person convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124 (2) is eligible for a reduction in the period of probation or post-prison supervision for complying with terms of probation or post-prison supervision, including demonstrating a commitment to the payment of restitution to the extent the person is able to pay, and participation in recidivism reduction programs. (2) The maximum reduction under this section may not exceed 50 percent of the period of probation or post-prison supervision imposed. (3) A reduction under this section may not be used to shorten the period of probation or post-prison supervision to less than six months. (4) A person serving a sentence described as follows is not eligible for a reduction in the term of supervision under this section: (a) A sentence for a crime described in ORS 163.095, 163.107, 163.115, 163.118, 163.125, 163.149, 163.185, 163.225, 163.235, 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.427, 163.670, 164.325, 164.415 or 167.017; (b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095, 163.107 or 163.115; (c) A sentence for a crime committed prior to November 1, 1989; (d) A sentence imposed under the provisions of ORS 161.610; (e) A sentence imposed under the provisions of ORS 161.725 and 161.735; (f) A sentence imposed under the provisions of ORS 137.635; (g) A sentence imposed under the provisions of ORS 137.690, 164.061, 475.907, 475.925, 475.930 or 813.011; or (h) A term of supervision subject to ORS 144.103. (5)(a) The Department of Corrections shall adopt rules to carry out the provisions of this section. (b) The rules adopted under this subsection shall include but are not limited to: (A) Rules creating processes for early and ongoing notification of eligibility for an earned reduction in supervision under this section to persons on supervision; and (B) Rules establishing consistent standards for determining when a person on supervision is in compliance with the requirements for, and has succeeded in, earning a reduction in supervision under this section. (c) The supervisory authority shall comply with the rules adopted under this subsection. (6) As used in this section: (a) Designated drug-related misdemeanor has the meaning given that term in ORS 423.478. (b) Designated person misdemeanor has the meaning given that term in ORS 423.478. [2013 c.649 17; 2015 c.140 1; 2017 c.706 19; 2021 c.450 1; 2021 c.581 5] Note: Section 2, chapter 450, Oregon Laws 2021, provides: Sec. 2. The amendments to ORS 137.633 by section 1, chapter 450, Oregon Laws 2021, apply to sentences imposed before, on or after January 1, 2022. [2021 c.450 2; 2023 c.75 1] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.635. Determinate sentences required for certain felony convictions. (1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS 137.120, but, unless it imposes a death penalty under ORS 163.105, the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120 or for any reduction in term of incarceration pursuant to ORS 421.121. (2) Felonies to which subsection (1) of this section applies include and are limited to: (a) Murder in any degree, as defined in ORS 163.107 or 163.115, and any aggravated form thereof. (b) Manslaughter in the first degree, as defined in ORS 163.118. (c) Assault in the first degree, as defined in ORS 163.185. (d) Kidnapping in the first degree, as defined in ORS 163.235. (e) Rape in the first degree, as defined in ORS 163.375. (f) Sodomy in the first degree, as defined in ORS 163.405. (g) Unlawful sexual penetration in the first degree, as defined in ORS 163.411. (h) Burglary in the first degree, as defined in ORS 164.225. (i) Arson in the first degree, as defined in ORS 164.325. (j) Robbery in the first degree, as defined in ORS 164.415. (3) When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section.
ORS Chapter 137 — Judgment and Execution;

ORS 137.637. Determining length of determinate sentences. When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer. [1989 c.790 82; 1995 c.520 2] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.640. [Repealed by 1961 c.359 1]
ORS Chapter 137 — Judgment and Execution;

ORS 137.650. [Repealed by 1961 c.359 1] OREGON CRIMINAL JUSTICE COMMISSION
ORS Chapter 137 — Judgment and Execution;

ORS 137.651. Definitions for ORS 137.654, 137.656 and 137.658. As used in ORS
ORS Chapter 137 — Judgment and Execution;

ORS 137.656. Purpose and duties of commission; rules. (1) The purpose of the Oregon Criminal Justice Commission is to improve the effectiveness and efficiency of state and local criminal justice systems by providing a centralized and impartial forum for statewide policy development and planning. (2) The primary duty of the commission is to develop and maintain a state criminal justice policy and comprehensive, long-range plan for a coordinated state criminal justice system that encompasses public safety, offender accountability, crime reduction and prevention and offender treatment and rehabilitation. The plan must include, but need not be limited to, recommendations regarding: (a) Capacity, utilization and type of state and local prison and jail facilities; (b) Implementation of community corrections programs; (c) Alternatives to the use of prison and jail facilities; (d) Appropriate use of existing facilities and programs; (e) Whether additional or different facilities and programs are necessary; (f) Methods of assessing the effectiveness of juvenile and adult correctional programs, devices and sanctions in reducing future criminal conduct by juvenile and adult offenders; (g) Methods of reducing the risk of future criminal conduct; and (h) The effective utilization of local public safety coordinating councils. (3) Other duties of the commission are: (a) To conduct joint studies by agreement with other state agencies, boards or commissions on any matter within the jurisdiction of the commission. (b) To provide Oregon criminal justice analytical and statistical information to federal agencies and serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on state and local sentencing practices. (c) To provide technical assistance and support to local public safety coordinating councils. (d) To receive grant applications to start or expand drug court programs as defined in ORS 3.450, to make rules to govern the grant process and to award grant funds according to the rules. (e) To prepare the racial and ethnic impact statements described in ORS 137.683 and
ORS Chapter 137 — Judgment and Execution;

ORS 137.658. Authority of chairperson to create committees within commission; Justice Reinvestment Program advisory committee; report to legislature. (1) The chairperson of the Oregon Criminal Justice Commission may create any committees within the commission as the chairperson may think necessary. Persons who are not commission members may be appointed as members to serve on the committees with the approval of the commission. (2) The chairperson shall appoint members of committees created under this section in such a manner as to ensure representation from all segments of the criminal justice system that are affected by the work of the committee. In selecting members for committee assignments, the chairperson shall consider, but is not limited to, representatives from the following: (a) The Attorney General; (b) The Director of the Department of Corrections; (c) The chairperson of the State Board of Parole and Post-Prison Supervision; (d) The Superintendent of State Police; (e) The chief administrative employee of the Psychiatric Security Review Board; (f) The Director of Human Services; (g) The Director of the Oregon Health Authority; (h) The Director of the Oregon Youth Authority; (i) Trial judges; (j) Judges of the Oregon Supreme Court or Court of Appeals; (k) Majority and minority parties of the House of Representatives and the Senate; (L) District attorneys; (m) Criminal defense attorneys; (n) County sheriffs; (o) County commissioners; (p) County community corrections directors; (q) Chiefs of police; (r) Victims of crime; (s) The public at large; (t) The director of a nonprofit entity created for the purpose of increasing understanding of the adult and juvenile justice systems and promotion of effective policies for prevention and control of crime; and (u) Private contract providers. [1995 c.420 2; 1997 c.433 3; 2001 c.900 23; 2009 c.595 98; 2019 c.598 4,5] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.660. [Repealed by 1961 c.359 1]
ORS Chapter 137 — Judgment and Execution;

ORS 137.661. Agency cooperation with commission. All officers, boards, commissions and other agencies of the State of Oregon shall cooperate with the Oregon Criminal Justice Commission to accomplish the duties imposed upon the Oregon Criminal Justice Commission. [1985 c.558 6; 1995 c.420 5] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.662. Oregon Criminal Justice Commission Account. The Oregon Criminal Justice Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Criminal Justice Commission, other than appropriations from the General Fund, and except those moneys described in ORS 131A.460, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission. [2001 c.716 1; 2009 c.78 56] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.667. Amendments to sentencing guidelines; submitting to Legislative Assembly; rules. (1) The Oregon Criminal Justice Commission shall review all new legislation that creates new crimes or modifies existing crimes. The commission shall adopt by rule any necessary modifications to the crime seriousness scale of the guidelines to reflect the actions of the Legislative Assembly and may classify offenses as person felonies or person misdemeanors for purposes of the rules. (2) The commission may adopt by majority vote of all of its members who are eligible to vote amendments to the sentencing guidelines approved by section 87, chapter 790, Oregon Laws 1989. The commission shall submit the amendments to the Legislative Assembly for its approval. The amendments do not become effective unless approved by the Legislative Assembly by law. The effective date of the amendments is the date specified by the Legislative Assembly in the law approving the amendments or, if the Legislative Assembly does not specify a date, the effective date of the law approving the amendments. The Legislative Assembly may by law amend, repeal or supplement any of the amendments. (3) The provisions of subsection (2) of this section do not apply to amendments to the guidelines adopted by the commission that: (a) Are required to implement enactments of the Legislative Assembly; (b) Are required under ORS 421.512 (2) or subsection (1) of this section; or (c)(A) Renumber rules or parts of rules, change internal references to agree with statute or rule numbers, delete references to repealed statutes or rules, substitute statute references for chapter numbers, change capitalization and spelling for the purpose of uniformity or correct manifest clerical, grammatical or typographical errors; and (B) Do not alter the sense, meaning, effect or substance of the rule amended. (4) If a rule adopted under subsection (1) of this section is not approved by the next regular Legislative Assembly following the adoption of the rule, the rule is repealed on January 1 following adjournment sine die of that Legislative Assembly. [1989 c.790 94a; 1993 c.681 6; 1993 c.692 7; 1995 c.420 6; 1997 c.691 3; 1999 c.966 2; 2003 c.453 4] Note: See note under