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

ORS 137.143. All monetary obligations constitute single obligation on part of convicted person. All fines, costs, restitution, compensatory fines and other monetary obligations imposed upon a convicted person in a circuit, justice or municipal court constitute a single obligation on the part of the convicted person. The clerk shall divide the total obligation as provided in ORS 137.145 to 137.159, based on the different parts of the obligation, and shall credit and distribute all moneys received in payment of the obligation in the manner provided by ORS
ORS Chapter 137 — Judgment and Execution;

ORS 137.145. Definitions for ORS 137.145 to 137.159. As used in ORS 137.145 to 137.159: (1) Criminal judgment means a judgment of conviction in a criminal action. (2) Local court means a justice or municipal court.
ORS Chapter 137 — Judgment and Execution;

ORS 137.146. Priorities for application of payments on criminal judgments entered in circuit courts. (1) There are five levels of priority for application of payments on criminal judgments entered in circuit courts, with Level I obligations having the highest priority and Level V obligations having the lowest priority. All payments on a criminal judgment entered in a circuit court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full. (2) Except as provided in ORS 137.149, if there is more than one person or public body to whom an obligation is payable under a level, a circuit court shall divide each payment based on each persons or public bodys proportionate share of the total amount of obligations in that level.
ORS Chapter 137 — Judgment and Execution;

ORS 137.147. Priorities for application of payments on criminal judgments entered in local courts. (1) There are four levels of priority for application of payments on criminal judgments entered in local courts, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. All payments on a criminal judgment entered in a local court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full. (2) Except as provided in ORS 137.151, if there is more than one person or public body to whom an obligation is payable under a level, a local court shall divide each payment based on each persons or public bodys proportionate share of the total amount of obligations in that level.
ORS Chapter 137 — Judgment and Execution;

ORS 137.149. Level I obligations in circuit court judgments. (1) There are two types of Level I obligations in criminal judgments entered in circuit courts: (a) Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101. (b) Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706. (2) If a judgment contains both types of Level I obligations, the circuit court shall apply amounts creditable to Type 1 obligations until paid in full. All subsequent amounts creditable to Level I obligations shall be applied against Type 2 obligations until paid in full. (3) If there is more than one person for whose benefit a Type 2 money award has been made, the circuit court shall pay the moneys credited to Type 2 obligations in the following order of priority: (a) If the judgment contains a money award payable to the person or persons against whom the defendant committed the offense, the court shall first pay all moneys credited to Type 2 obligations to those persons, and shall continue to do so until all those obligations are paid in full. If there is more than one person to whom an obligation is payable under this paragraph, the court shall divide each payment under this paragraph based on each persons proportionate share of the total amount of obligations subject to payment under this paragraph. (b) If the judgment contains a money award payable to the Criminal Injuries Compensation Account, the court shall thereafter transfer moneys credited to Type 2 obligations to the account until the award is paid in full. (c) If the judgment contains a money award payable to any other victims, as defined in ORS 137.103, the court shall thereafter pay the moneys credited to Type 2 obligations to those victims until those victims are paid in full. [Formerly
ORS Chapter 137 — Judgment and Execution;

ORS 137.151. Level I obligations in local court judgments. (1) There are two types of Level I obligations in criminal judgments entered in local courts: (a) Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101. (b) Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706. (2) If a judgment contains both types of Level I obligations, the local court shall apply amounts creditable to Type 1 obligations until paid in full. All subsequent amounts creditable to Level I obligations shall be applied against Type 2 obligations until paid in full. (3) If there is more than one person for whose benefit a Type 2 money award has been made, a local court shall pay the moneys credited to Type 2 obligations in the following order of priority: (a) If the judgment contains a money award payable to the person or persons against whom the defendant committed the offense, the court shall first pay all moneys credited to Type 2 obligations to those persons, and shall continue to do so until all those obligations are paid in full. If there is more than one person to whom an obligation is payable under this paragraph, the court shall divide each payment under this paragraph based on each persons proportionate share of the total amount of obligations subject to payment under this paragraph. (b) If the judgment contains a money award payable to the Criminal Injuries Compensation Account, the court shall thereafter transfer moneys credited to Type 2 obligations to the account until the award is paid in full. (c) If the judgment contains a money award payable to any other victims, as defined in ORS 137.103, the court shall thereafter pay the moneys credited to Type 2 obligations to those victims until those victims are paid in full.
ORS Chapter 137 — Judgment and Execution;

ORS 137.153. Level II obligations in circuit court judgments. Level II obligations in criminal judgments entered in circuit courts include all fines and other monetary obligations payable to the state for which the law does not expressly provide other disposition, including fines payable to the state under ORS 153.633, 153.645 and 153.650.
ORS Chapter 137 — Judgment and Execution;

ORS 137.154. Level II obligations in local court judgments. Level II obligations in criminal judgments entered in local courts include all fines and other monetary obligations payable to the state, a city or a county, after payment of the amount provided for in ORS 153.633 (2).
ORS Chapter 137 — Judgment and Execution;

ORS 137.155. Level III obligations in circuit court judgments. Level III obligations in criminal judgments entered in circuit courts are fines payable to a county or city. [Formerly 137.294]
ORS Chapter 137 — Judgment and Execution;

ORS 137.156. Level III obligations in local court judgments. Level III obligations in criminal judgments entered in local courts are amounts that the law expressly directs be paid to a specific account or public body as defined in ORS 174.109.
ORS Chapter 137 — Judgment and Execution;

ORS 137.157. Level IV obligations in circuit court judgments. 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. [Formerly 137.296]
ORS Chapter 137 — Judgment and Execution;

ORS 137.158. Level IV obligations in local court judgments. Level IV obligations in criminal judgments entered in local courts are amounts payable for reward reimbursement under ORS 131.897.
ORS Chapter 137 — Judgment and Execution;

ORS 137.159. Level V obligations in circuit court judgments. Level V obligations in criminal judgments entered in circuit courts are amounts payable for reward reimbursement under ORS 131.897. [Formerly 137.297]
ORS Chapter 137 — Judgment and Execution;

ORS 137.160. [Repealed by 1961 c.520 1] (Post-Judgment Procedures)
ORS Chapter 137 — Judgment and Execution;

ORS 137.167. Imprisonment when county jail is not suitable for safe confinement. Whenever it appears to the court that there is no sufficient jail of the proper county, as provided in ORS 137.330, suitable for the confinement of the defendant, the court may order the confinement of the defendant in the jail of an adjoining county or, if there is no sufficient and suitable jail in the adjoining county, then in the jail of any county in the state. [Formerly 137.140]
ORS Chapter 137 — Judgment and Execution;

ORS 137.170. Entry of judgment in criminal action. When judgment in a criminal action is given, the clerk shall enter the same in the register. If the judgment is upon a determination of conviction of an offense, the clerk shall state briefly in the register the offense for which the defendant was convicted.
ORS Chapter 137 — Judgment and Execution;

ORS 137.172. Entry of corrected judgment. (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 courts 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.
ORS Chapter 137 — Judgment and Execution;

ORS 137.175. Judgment in criminal action that effects release of defendant; delivery to sheriff. Whenever a judgment in a criminal action will effect the immediate release of a defendant by discharge, probation, sentence to time served, or otherwise, the court shall cause the prompt delivery of a copy of the judgment to the sheriff no later than three calendar days after the judgment is entered.
ORS Chapter 137 — Judgment and Execution;

ORS 137.190. [Repealed by 1959 c.558 32 (137.220 enacted in lieu of 137.190)]
ORS Chapter 137 — Judgment and Execution;

ORS 137.200. [Repealed by 1971 c.743 432]
ORS Chapter 137 — Judgment and Execution;

ORS 137.210. Taxation of costs against complainant. (1) If it is found by any justice or court trying the action or hearing the proceeding that the prosecution is malicious or without probable cause, that fact shall be entered upon record in the action or proceeding by the justice or court. (2) Upon making the entry prescribed in subsection (1) of this section, the justice or court shall immediately render judgment against the complainant for the costs and disbursements of the action or proceeding. (3) As used in this section complainant means every person who voluntarily appears before any magistrate or grand jury to prosecute any person in a criminal action, either for a misdemeanor or felony. [Amended by 1959 c.426 3]
ORS Chapter 137 — Judgment and Execution;

ORS 137.212. Clerk to prepare trial court file. In every criminal proceeding, the clerk shall attach together and file in the office of the clerk, in the order of their filing, all the original papers filed in the court, whether before or after judgment, including but not limited to the indictment and other pleadings, demurrers, motions, affidavits, stipulations, orders, the judgment and the notice of appeal and undertaking on appeal, if any. [Formerly 137.220]
ORS Chapter 137 — Judgment and Execution;

ORS 137.218. Joint petition for reconsideration of conviction or sentence. (1)(a) Notwithstanding ORS 138.540, a person who was sentenced for a felony offense other than aggravated murder and the district attorney of the county in which the person was sentenced may jointly petition the sentencing court for reconsideration of a conviction or sentence if the original sentence no longer advances the interests of justice and the conviction is not eligible to be set aside under ORS 137.225. The petition shall specify each conviction to be reconsidered and the terms of the agreement between the district attorney and the person, which may include the dismissal of charges, the vacating of previous convictions, a plea to a new alternative offense, resentencing for the original conviction or sentencing on the new offense. (b) If the court is not authorized to impose the new sentence requested in the petition on the original crime of conviction due to the fact that the new sentence is lower than a sentence required by ORS 137.690, 137.700, 164.061, 475.907, 475.925, 475.930 or 813.011, the terms of the agreement shall include the vacating of the original judgment of conviction, and may include the preparation by the district attorney of a new charging instrument with an alternative offense, a plea by the person to the alternative offense and waiver of any challenges to the conviction for the alternative offense and the imposition by the court of the new sentence on the alternative offense. (2)(a) Upon receipt of the petition described in subsection (1) of this section, the court shall hold a hearing. The court may grant the petition if the court determines that the original sentence no longer advances the interests of justice. (b) If the court grants the petition, but the court is not authorized to impose the new sentence requested in the petition on the original conviction due to fact that the new sentence is lower than a sentence required by ORS 137.690,
ORS Chapter 137 — Judgment and Execution;

ORS 137.220. [1959 c.558 33 (enacted in lieu of 137.190); renumbered 137.212 in 2021]
ORS Chapter 137 — Judgment and Execution;

ORS 137.221. Vacation of judgment of conviction for prostitution. (1) Notwithstanding ORS 138.540, a court may vacate a judgment of conviction for the crime of prostitution under ORS 167.007 or for violating a municipal prostitution ordinance as described in this section. (2)(a) A person may request vacation of a judgment of conviction for prostitution by filing a motion in the county of conviction. The motion may be filed at least 21 days after the judgment of conviction is entered. (b) A copy of the motion shall be served on the district attorney. (c) The motion must contain an explanation of facts supporting a claim that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction. The motion must further contain an explanation of why those facts were not presented to the trial court. (3) Upon receiving the motion described in subsection (2) of this section, the court shall hold a hearing. At the hearing, the person has the burden of proof and may present evidence that, at or around the time of the conduct giving rise to the prostitution conviction, the person was the victim of sex trafficking. The court shall consider any evidence the court deems of sufficient credibility and probative value in determining whether the person was a victim of sex trafficking. The evidence may include, but is not limited to: (a) Certified records of a state or federal court proceeding demonstrating that the person was a victim of sex trafficking; (b) Certified records from federal immigration proceedings recognizing the person as a victim of sex trafficking; and (c) A sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a medical or other professional, certifying that the person has sought assistance addressing trauma associated with being a sex trafficking victim. (4) If the court finds, by clear and convincing evidence, that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction, the court shall grant the motion. (5) If the court grants a motion under this section, the court shall vacate the judgment of conviction for prostitution and may make other orders as the court considers appropriate. (6) If the court grants a motion under this section while an appeal of the judgment of conviction is pending, the court shall immediately forward a copy of the vacation order to the appellate court. (7) As used in this section: (a) Municipal prostitution ordinance means a municipal ordinance prohibiting a person from engaging in, or offering or agreeing to engage in, sexual conduct or sexual contact in return for a fee. (b) Sex trafficking means the use of force, intimidation, fraud or coercion to cause a person to engage, or attempt to engage, in a commercial sex act. [2017 c.245 1; 2018 c.120 7] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.222. Motion for reduction of marijuana conviction offense classification; entry of amended judgment. (1)(a) Notwithstanding ORS 161.525, a person by motion may request the court to reduce the offense classification of a marijuana conviction as provided in this section. (b) A marijuana conviction is eligible for reduction under this section if, since entry of judgment of conviction, the marijuana offense has been: (A) Reduced from a felony to a misdemeanor; (B) Reduced from a higher level felony to a lower level felony; (C) Reduced from a higher level misdemeanor to a lower level misdemeanor; or (D) Reduced from a crime to a violation. (2) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135 or any other fee. (3)(a) At the time of filing the motion, the person shall serve a copy of the motion upon the office of the prosecuting attorney of the jurisdiction in which the judgment of conviction was entered. (b) The prosecuting attorney, within 30 days after the filing of the motion under paragraph (a) of this subsection, may file an objection to granting the motion only on the basis that: (A) The persons conviction is not eligible for reduction under this section; or (B) The person has not completed and fully complied with or performed the sentence of the court. (4) If no objection from the prosecuting attorney is received by the court within 30 days after the filing of the motion, the court shall grant the motion and proceed as provided in subsection (6) of this section if the conviction is eligible for reduction under this section and the court determines that the person has completed and fully complied with or performed the sentence of the court. (5)(a) If the court receives an objection from the prosecuting attorney, the court shall hold a hearing. (b) At the hearing, the person has the burden of establishing, by a preponderance of the evidence, that: (A) The conviction is eligible for reduction under this section; and (B) The person completed and fully complied with or performed the sentence of the court. (c) If, at the hearing, the court determines that the conviction is eligible for reduction under this section and the person completed and fully complied with or performed the sentence of the court, the court shall grant the motion and proceed as provided in subsection (6) of this section. (6) Upon granting a motion under this section, the court shall enter an amended judgment of conviction at the appropriate offense level. [2019 c.473 1] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.226. Eligibility for order setting aside certain marijuana convictions. (1) Notwithstanding ORS 137.225 (1)(a), a defendant is eligible for an order setting aside a conviction for a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element after one year has elapsed from the date of entry of judgment of conviction if: (a) The defendant was under 21 years of age at the time of the conviction; (b) The defendant has not been convicted of any other offense, excluding motor vehicle violations; and (c) The defendant has fully complied with and performed the sentence of the court. (2) When a person is convicted of an offense involving possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009, and when the conduct that is the basis of the conviction occurred before April 21, 2017, the convicted person may file a motion for a court order setting aside the conviction pursuant to ORS 137.225, and the court, when determining whether the person is eligible for the order, shall consider the offense to be classified under ORS 161.535 or 161.555 as if the conduct occurred on or after April 21, 2017, or, if the offense is no longer a crime, shall consider the offense to be classified as a Class C misdemeanor. [2015 c.844 3; subsection (2) of 2017 Edition enacted as 2017 c.21 21; 2017 c.21 99] Note: The amendments to
ORS Chapter 137 — Judgment and Execution;

ORS 137.227. Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation. (1) After a defendant has been convicted of a crime, the court may cause the defendant to be evaluated to determine if the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The evaluation shall be conducted by an agency or organization designated under subsection (2) of this section. (2) The court shall designate agencies or organizations to perform the evaluations required under subsection (1) of this section. The designated agencies or organizations must meet the standards set by the Oregon Health Authority to perform the evaluations for drug dependency and must be approved by the authority. Wherever possible, a court shall designate agencies or organizations to perform the evaluations that are separate from those that may be designated to carry out a program of treatment for alcohol or drug dependency. [1991 c.630 1; 2009 c.595 94] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.228. Finding that defendant is alcoholic or drug-dependent person; effect. (1) When a defendant is sentenced for a crime, the court may enter a finding that the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The finding may be based upon any evidence before the court, including, but not limited to, the facts of the case, stipulations of the parties and the results of any evaluation conducted under ORS 137.227. (2) When the court finds that the defendant is an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place the defendant in an appropriate alcohol or drug treatment program, to the extent that resources are available. The alcohol or drug treatment program shall meet the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630 2,3; 2005 c.271 1; 2009 c.595 95] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.229. Duty of Department of Corrections. The Department of Corrections, to the extent that funds are available, shall expand existing and establish new treatment programs for alcohol and drug dependency that meet minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630 4; 2011 c.673 5] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.230. Definitions for ORS 137.260. As used in ORS 137.260, conviction or convicted means an adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction.