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

ORS 137.754. Authority of court to modify judgment to comply with ORS 137.750 and 137.752. Notwithstanding any other provision of law, a sentencing court retains authority after entry of a judgment of conviction to modify its judgment and sentence to comply with the requirements of ORS 137.750 or 137.752 when: (1) The judgment was entered on or after December 5, 1996; (2) The crime of conviction was committed on or after December 5, 1996; and (3) The judgment and sentence failed to comply with the provisions of ORS 137.750 or 137.752. [1997 c.313 16] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.765. Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision. (1) As used in this section: (a) History of sexual assault means that a person has engaged in unlawful sexual conduct that: (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and (B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age. (b) Sexually violent dangerous offender means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault and presents a substantial probability of committing a crime listed in subsection (3) of this section. (2) Notwithstanding ORS 161.605, when a person is convicted of a crime listed in subsection (3) of this section, in addition to any sentence of imprisonment required by law, a court shall impose a period of post-prison supervision that extends for the life of the person if: (a) The person was 18 years of age or older at the time the person committed the crime; and (b) The person is a sexually violent dangerous offender. (3) The crimes to which subsection (2) of this section applies are: (a) Rape in the first degree and sodomy in the first degree if the victim was: (A) Subjected to forcible compulsion by the person; (B) Under 12 years of age; or (C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victims conduct; (b) Unlawful sexual penetration in the first degree; and (c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.163 1; 2005 c.463 11,16; 2007 c.16 6; 2021 c.82 8] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.767. Presentence investigation and examination. (1)(a) A court shall order a presentence investigation and an examination of the defendant by a psychiatrist or psychologist upon motion of the district attorney if: (A) The defendant is convicted of a crime listed in ORS 137.765 (3); and (B) In the opinion of the court, there is reason to believe that the defendant is a sexually violent dangerous offender as defined in ORS 137.765. (b) The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility. (2) The state shall pay all costs connected with an examination under this section. (3) The examination performed pursuant to this section must be completed within 30 days if the defendant is in custody or within 60 days if the defendant is not in custody. The court may order extensions not exceeding 30 days. Each psychiatrist or psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is predisposed to commit a crime listed in ORS 137.765 (3) because the defendant has: (a) Psychopathic personality features; and (b) Sexually deviant arousal patterns or interests. (4) No statement made by a defendant under this section may be used against the defendant in any civil proceeding or in any other criminal proceeding. (5) Upon receipt of the examination and presentence reports the court shall set a time for a sentence hearing. At the sentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section. (6) If, after considering the evidence in the case or in the sentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant is a sexually violent dangerous offender, the court shall sentence the defendant as provided in ORS 137.765. (7) The fact that a person is a sexually violent dangerous offender is an enhancement fact, as defined in ORS 136.760, and ORS 136.765 to 136.785 apply to making a determination of the fact. [1999 c.163 3; 2005 c.463 12,17; 2007 c.16 7] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.769. Defendants right to independent examination. (1) When a defendant is examined under ORS 137.767, the defendant may retain a psychiatrist, psychologist or other expert to perform an examination on the defendants behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to: (a) The defendant for the purpose of the examination; and (b) All relevant medical and psychological records and reports. (2) If the defendant is financially eligible for appointed counsel at state expense, the defendant may request preauthorization to incur the fees and expenses of a psychiatrist, psychologist or other expert as provided in ORS 135.055 (3). [1999 c.163 4; 2001 c.962 97; 2003 c.449 6] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.771. Resentencing hearing; petition; findings; modification of sentence. (1) No sooner than 10 years after a person sentenced under ORS 137.765 is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the petition. The district attorney may file a response either in support of or in opposition to the petition. (2) Upon filing the petition, the court may order an examination as provided in ORS
ORS Chapter 137 — Judgment and Execution;

ORS 137.924. 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.
ORS Chapter 137 — Judgment and Execution;

ORS 137.930. Criminal history data provider requirements. (1) A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a persons criminal history occurring more than 60 days before the date the criminal history report is delivered. (2) As used in this section, material changes include, but are not limited to: (a) The setting aside of a conviction arrest, record of acquittal or dismissal, or the issuance of a criminal citation or criminal charge, if no accusatory instrument is filed; (b) The reduction of an offense to a lower level of offense; and (c) The vacating of a conviction. (3) A violation of subsection (1) of this section constitutes an unlawful trade practice under ORS 646.607. [2021 c.486 4] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.990. [Amended by 1971 c.743 327; repealed by 1973 c.836 358] _______________
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.010. [Amended by 1973 c.32 1; renumbered 133.743]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.015. Eligibility for compensation generally; rules. (1) A person is eligible for an award of compensation under ORS 147.005 to 147.367 if: (a) The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable crime that has resulted in or may result in a compensable loss; (b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim, unless the Department of Justice finds that, notwithstanding the failure of notification, the applicant acted reasonably under the circumstances; (c) The application for compensation is not the result of collusion between the applicant and the assailant of the victim; (d) The department determines that the victim acted reasonably with respect to the incident causing the death or injury to the victim, taking into account the specific situation of the victim and what a reasonable action would be for a person in the victims circumstances; and (e) The application for an award of compensation under ORS 147.005 to 147.367 is filed with the department: (A) Within one year of the date of the injury to the victim; or (B) Within such further extension of time as the department, for good cause shown, allows. (2) The requirement under subsection (1)(b) of this section to notify the appropriate law enforcement officials of the perpetration of the crime is satisfied if: (a) As a result of the compensable crime for which the victim or applicant is applying for compensation, the victim or applicant obtained: (A) A temporary or permanent stalking protective order under ORS 30.866 or 163.730 to 163.750; (B) A sexual abuse restraining order under ORS 163.760 to 163.777; (C) An abuse prevention order under ORS 107.700 to 107.735 or 124.005 to 124.040; (D) Any other abuse prevention order or no contact order issued by a state, local, tribal or federal court; or (E) A medical assessment, as defined in ORS 147.395, for sexual assault, or any other forensic exam or medical assessment; (b) A health provider, tribal health provider, student health provider or community mental health provider certifies that the victim reported the crime to the provider; or (c) The victim provides to the department documentation that qualifies as law enforcement notification under the rules of the department. (3) The department shall adopt rules establishing: (a) A limited counseling award for victims who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section. (b) The types of documentation that qualify as notification to the appropriate law enforcement officials of the perpetration of the crime as described in subsection (2)(c) of this section.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.020. [Renumbered 133.747]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.025. Eligibility of person not victim or survivor or dependent of deceased victim. (1) Notwithstanding that a person is not a victim or a dependent of a deceased victim under ORS 147.015 (1)(a), the person is eligible for compensation for reasonable medical expenses for the victim and for reasonable funeral expenses of the deceased victim if the person: (a) Paid or incurred such expenses; and (b) Files a claim in the manner provided in ORS 147.105 and the conditions in ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.030. [Renumbered 133.753]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.040. [Renumbered 133.757]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.050. [Renumbered 133.763]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.055. Emergency awards; amount; effect on final award. (1) The Department of Justice may make an emergency award to the applicant pending a final decision in the claim, if it appears to the department, prior to taking action upon the claim that: (a) The claim is one with respect to which an award probably will be made; and (b) Undue hardship will result to the applicant if immediate payment is not made. (2)(a) The amount of such emergency award shall not exceed $1,000. (b) The amount of such emergency award shall be deducted from any final award made as a result of the claim. (c) The excess of the amount of such emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the recipient to the department.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.060. [Renumbered 133.767]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.065. Limitation on time for commencing action for compensable crime. Notwithstanding ORS 12.110 the victim of any compensable crime as defined in ORS 147.005 or the victims representative may bring an action at any time within the five-year period after the commission of the compensable crime. [1985 c.552 5] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.070. [Renumbered 133.773]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.080. [Renumbered 133.777]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.090. [Renumbered 133.783]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.100. [Renumbered 133.787] (Compensation Procedure)
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.105. Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant. (1) An applicant for compensation under ORS 147.005 to 147.367 must file an application under oath on a form furnished by the Department of Justice. The application shall include: (a) The name and address of the victim; (b) If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victims dependents and the extent to which each is so dependent; (c) The date and nature of the crime or attempted crime on which the application for compensation is based; (d) The date and place where, and the law enforcement officials or other persons described in ORS 147.015 (2)(b) to whom, notification of the crime was given; (e) The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted; (f) The loss to the applicant and to such other persons as are specified under paragraph (b) of this subsection, resulting from the injury or death; (g) The amount of benefits, payments or awards, if any, payable from any source, which the applicant or other person, listed under paragraph (b) of this subsection, has received or for which the applicant or other person is eligible as a result of the injury or death; (h) Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this subsection; and (i) Such other information as the department determines is necessary. (2) The department may require that the applicants submit with the application materials substantiating the facts stated in the application. (3) If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required. (4) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department has completed its consideration of the original application. (5) The filing of additional information or the amendment of the application pursuant to subsection (3) or (4) of this section shall be considered for the purposes of ORS 147.005 to 147.367 to have been filed at the same time as the original application. (6) If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the department shall process the application in the normal course. The claim shall remain open but the applicant is not eligible for compensation until the applicant is released from custody.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.110. [Amended by 1973 c.836 123; renumbered 133.793]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.115. Confidentiality of application information; board proceedings; use of record; witnesses before board. (1) All information submitted to the Department of Justice by an applicant and all hearings of the Workers Compensation Board under ORS 147.005 to 147.367 shall be open to the public unless the department or board determines that the information shall be kept confidential or that a closed hearing shall be held because: (a) The alleged assailant has not been brought to trial and disclosure of the information or a public hearing would adversely affect either the apprehension or the trial of the alleged assailant; (b) The offense allegedly perpetrated against the victim is rape, sodomy, sexual abuse, trafficking in persons or a crime involving domestic violence as defined in ORS 135.230, and the interests of the victim or of the victims dependents require that the information be kept confidential or that the public be excluded from the hearing; (c) The victim or alleged assailant is a minor; or (d) The interests of justice would be frustrated rather than furthered, if the information were disclosed or if the hearing were open to the public. (2)(a) A record shall be kept of the proceedings held before the board and shall include the boards findings of fact and conclusions concerning the amount of compensation, if any, to which the applicant and the dependents of a deceased victim are entitled. (b) No part of the record of any proceedings before the board may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have committed perjury in testimony before the board. (c) Where the interests of justice require, the board may refuse to disclose to the public the names of victims or other material in the record by which the identity of the victim could be discovered. (3) Notwithstanding subsection (2)(b) and (c) of this section, the record of the proceedings held before the board is a public record. However, any record or report obtained by the board, the confidentiality of which is protected by any other law, shall remain confidential subject to such law. (4) Witnesses required to appear at any proceeding before the board shall receive such fees and mileage allowance as are provided for witnesses in ORS 44.415 (2).
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.120. [Renumbered 133.797]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.125. Determining amount of compensation; deduction of other benefits. (1) In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105, and: (a) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person; (b) Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victims survivors or dependents as determined under ORS 147.035; (c) Except as provided in paragraph (d) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim; (d) Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim; (e) Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and (f) Shall award the resultant amount to the applicant as provided in ORS 147.165. (2) In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The departments decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.130. [Renumbered 133.803]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.135. (b) If the victim, survivor or dependent attains 21 years of age after the date described in paragraph (a) of this subsection, when the victim, survivor or dependent attains 21 years of age. (9) Notwithstanding subsection (8) of this section: (a) In cases of homicide, a claim for reasonable counseling expenses for survivors may continue until five years have elapsed from the date of the determination order. (b) Claims described in subsection (7) of this section may be filed at any time while an assailants case is involved in the post-conviction proceeding or the assailant has a hearing scheduled or is being considered for release or clemency and do not expire. (10) Notwithstanding subsections (2) and (8) of this section, if a victim suffers catastrophic injuries: (a) A claim for compensation and payments may continue beyond the period described in subsection (8) of this section; and (b) The department may award compensation for losses in excess of the individual limitations described in subsection (2) of this section, provided that the aggregate award does not exceed the amount described in subsection (1)(b) of this section. (11) The department shall adopt rules: (a) Defining the terms and maximum amount of compensation available under subsection (2)(f) of this section. (b) Defining the types of compensable expenses and maximum amount of compensation available under subsection (7)(b) of this section. (c) Defining catastrophic injuries and establishing the length of time that a claim for compensation and payments may continue under subsection (10)(a) of this section. (d) For medical fee schedules. The schedules shall represent at least the 75th percentile of the usual and customary fees charged to the public as determined by the department. An applicant or victim may not be charged for the percentile amount reduced by the department.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.140. [Renumbered 133.805]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.145. Review of order; reconsideration; notice to applicant. (1) If the applicant disagrees with the order entered under ORS 147.135, the applicant may request review by the Department of Justice. (2)(a) The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its decision on review within 30 days of the departments receipt of the request for review. (b) If the department determines that the request for review does not contain sufficient information to make a decision within 30 days of the departments receipt of the request for review, the 30-day time period may be extended by the department only with the oral or written permission of the applicant.