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

ORS 137.669. Guidelines control sentences; mandatory sentences. The guidelines adopted under ORS 137.667, together with any amendments, supplements or repealing provisions, shall control the sentences for all crimes committed after the effective date of such guidelines. Except as provided in ORS 137.637 and 137.671, the incarcerative guidelines and any other guidelines so designated by the Oregon Criminal Justice Commission shall be mandatory and constitute presumptive sentences. [1987 c.619 5; 1989 c.790 95; 1995 c.420 7; 1997 c.691 4] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.670. [Repealed by 1961 c.359 1]
ORS Chapter 137 — Judgment and Execution;

ORS 137.671. Authority of court to impose sentence outside guidelines. (1) The court may impose a sentence outside the presumptive sentence or sentence range made presumptive under ORS 137.669 for a specific offense if it finds there are substantial and compelling reasons justifying a deviation from the presumptive sentence. (2) Whenever the court imposes a sentence outside the presumptive sentence it shall set forth the reasons for its decision in the manner required by rules of the Oregon Criminal Justice Commission. [1987 c.619 6; 1989 c.790 39; 1995 c.420 8] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.672. Aggravating factor sentencing rules relating to gender identity of victim. The Oregon Criminal Justice Commission, in the rules of the commission concerning sentencing departure factors, shall include gender identity as defined in ORS 166.155 as a characteristic of the victim constituting an aggravating factor when the characteristic was the motivation, entirely or in part, for the commission of the crime. [2019 c.553 4] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.673. Validity of rules. Rules adopted by the Oregon Criminal Justice Commission shall not be declared invalid solely because of irregularities in procedural rulemaking, including but not limited to the provisions of ORS 183.335 or 183.400 (4)(c). [1989 c.790 73; 1995 c.420 9; 2001 c.220 2; 2005 c.382 3] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.674. Use of force data analysis; report to legislature. The Oregon Criminal Justice Commission shall analyze data from the National Use-of-Force Data Collection operated by the Federal Bureau of Investigation and report annually in the manner provided in ORS 192.245 to an appropriate committee or interim committee of the Legislative Assembly on the analysis. [2021 c.625 2] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.676. Development of method for district attorneys to record and report bias-related crime data; rules. (1)(a) The Oregon Criminal Justice Commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall develop and implement a standardized method for district attorneys to record the data described in subsection (2) of this section and report the data to the commission. (b) The commission shall analyze the data reported under this section to identify gaps or weaknesses in the investigation, presentation, prosecution and sanctioning of crimes motivated by bias. (2) The data subject to recording and reporting under this section includes, at a minimum, the following data concerning any crime or alleged crime in which the bias of the actor was, in whole or in part, a motivating factor in the commission of the crime or alleged crime: (a) Charges presented to the district attorney for prosecution; (b) Cases issued by the district attorney; (c) Charges indicted; (d) Sentencing enhancements requested; (e) Sentences imposed, including conditions of supervision; (f) Charges to which a defendant enters a plea of guilty or no contest; and (g) Trial outcomes. (3) The district attorney of each county in this state shall record the data described in subsection (2) of this section and report the data to the commission. (4) The data reported to, and maintained by, the commission under this section: (a) Shall be used only for statistical purposes and not for any other purpose. (b) Is exempt from public disclosure if the data directly identifies any individual involved in the crime or alleged crime described in subsection (2) of this section. (5) Any data recorded by a district attorney under this section that reveals the identity of any individual is exempt from public disclosure. (6) The commission may adopt rules to carry out the provisions of this section. [2019 c.553 5; 2019 c.553 6] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.678. Analysis of bias-related crime and incident data; annual report; rules. (1) As used in this section: (a) Bias crime means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165. (b) Bias incident means a persons hostile expression of animus toward another person, relating to the other persons perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. Bias incident does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer. (2) The Oregon Criminal Justice Commission shall review all data pertaining to bias crimes and bias incidents submitted to the commission: (a) By district attorneys under ORS 137.676; (b) By the Department of State Police under ORS 181A.225; and (c) By the Department of Justice under ORS 147.380. (3) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to analyze the data described in subsection (2) of this section. (4) No later than July 1, 2020, and at least annually thereafter, the commission shall report the results of the data analysis to the Governor, the Legislative Assembly, the Attorney General, the Oregon District Attorneys Association, the Department of State Police and the Department of Public Safety Standards and Training. (5) Except as provided in subsection (7) of this section, the data described in subsection (2) of this section shall be made publicly accessible to the fullest extent possible under state and federal law. (6) The commission may use the data described in subsection (2) of this section only for statistical purposes and not for any other purpose. (7) Any data described in subsection (2) of this section that reveals the identity of any individual is exempt from public disclosure. (8) The commission may adopt rules to carry out the provisions of this section. [2019 c.553 9] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.679. Restorative justice grant program; rules. (1) The Oregon Criminal Justice Commission shall establish a program to award grants to public and private entities for restorative justice programs. (2) The commission shall adopt rules to administer the grant program described in subsection (1) of this section. The rules must: (a) Define restorative justice for the purpose of grant eligibility criteria. (b) Specify the application process and eligibility criteria for the grant program, including a requirement that: (A) Each applicant demonstrate in the application coordination with community-based organizations and the ability to work collaboratively with system partners, including local law enforcement entities, courts, district attorneys and defense attorneys. (B) Each successful applicant demonstrate in the application how the applicant will center the experiences of those harmed, encourage those who have caused harm to take responsibility and repair the harm, and support persons who have been harmed, impacted community members and responsible parties in identifying solutions that promote healing, including promoting dialogue and mutual agreement. (c) Include a methodology for reviewing and approving grant applications and distributing grant funds. (3) The commission shall convene an advisory committee to evaluate and approve grant awards under this section. [2021 c.519 1] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.680. Development of specialty court standards. (1) As used in this section, specialty courts means drug court programs as defined in ORS 3.450, veterans courts, mental health courts or any other similar court or docketing system. (2)(a) The Oregon Criminal Justice Commission shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of the best practices applicable to specialty courts. (b) After consulting with the Judicial Department, the commission shall develop evidence-based standards that may be applied to specialty courts. The standards must: (A) Be designed to reduce recidivism in a cost-effective manner; and (B) When appropriate, target medium-risk and high-risk offenders. (3) The Chief Justice of the Supreme Court may issue an order applicable to specialty courts. The order may include a requirement that a circuit court that operates a specialty court review the standards described in subsection (2) of this section. [2013 c.649 39] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.681. Innovative Grant Program; rules. (1) The Oregon Criminal Justice Commission shall establish and administer the Innovative Grant Program as described in this section. (2) Using funds in the Innovative Grant Fund described in ORS 137.682, the commission shall award grants to programs that: (a) Demonstrate strong potential to have positive impacts on public safety; (b) Can produce measurable outcomes; (c) Have the potential to benefit the entire state, either through immediate impact or through potential reproducibility after an initial pilot period; and (d) Demonstrate coordination with local public safety coordinating councils. (3) The commission shall adopt rules to carry out the provisions of this section. The rules must include, but are not limited to: (a) A methodology for reviewing and approving grant applications and distributing grant funds; and (b) A process for evaluating the efficacy of programs receiving grants under this section. [2021 c.609 2] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.682. Innovative Grant Fund. The Innovative Grant Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of making grants as part of the Innovative Grant Program described in ORS 137.681. The fund shall consist of moneys appropriated to the commission by the Legislative Assembly for purposes of the grants. [2021 c.609 1] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.683. Racial and ethnic impact statements for proposed legislation; rules. (1) As used in this section, criminal offender population means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime. (2)(a) Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement on proposed legislation that is related to crime and likely to have an effect on the criminal justice system. (b) The statement shall describe the effects of the proposed legislation on the racial and ethnic composition of the criminal offender population. (3) A racial and ethnic impact statement must be impartial, simple and understandable and must include, for racial and ethnic groups for which data are available, the following: (a) An estimate of how the proposed legislation would change the racial and ethnic composition of those likely to be convicted of a criminal offense created or modified by the proposed legislation; (b) An estimate of the average length of incarceration that each racial and ethnic composition group receives as a sentence, if applicable; (c) A statement of the methodologies and assumptions used in preparing the estimate; and (d) An estimate of the racial and ethnic composition of the crime victims who may be affected by the proposed legislation. (4) The commission shall adopt rules to carry out the provisions of this section. [2017 c.614 2] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.685. Racial and ethnic impact statements for state measures; hearing. (1)(a) Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement for a state measure that is related to crime and likely to have an effect on the criminal justice system. (b) The racial and ethnic impact statement must: (A) Describe the effects of the state measure on the racial and ethnic composition of the criminal offender population as defined in ORS 137.683; (B) Include the information described in ORS 137.683 (3); and (C) Be impartial, simple and understandable. (2) If the commission has prepared a racial and ethnic impact statement for a state measure, not later than the 110th day before a special election held on the date of a primary election or any general election at which the state measure is to be submitted to the people, the commission shall file the statement with the Secretary of State. (3) Not later than the 100th day before the election at which the measure is to be voted upon, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggestions for changes to the statement or to receive other information. At the hearing, any person may submit suggested changes or other information orally or in writing. Written suggestions and any other information also may be submitted at any time before the hearing. (4) The commission shall consider suggestions and any other information submitted under subsection (3) of this section and may file a revised statement with the Secretary of State not later than the 90th day before the election at which the measure is to be voted upon. (5) The Secretary of State shall certify the statement not later than the 90th day before the election at which the measure is to be voted upon. (6) All statements prepared under this section shall be made available to the public. (7) A failure to prepare, file or certify a statement does not prevent inclusion of the measure in the voters pamphlet. [2017 c.614 3] Note: See note under
ORS Chapter 137 — Judgment and Execution;

ORS 137.689. enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 137 — Judgment and Execution;

ORS 137.690. Major felony sex crime. a. Any person who is convicted of a major felony sex crime, who has one (or more) previous conviction of a major felony sex crime, shall be imprisoned for a mandatory minimum term of 25 years. b. Major felony sex crime means rape in the first degree (ORS 163.375), sodomy in the first degree (ORS 163.405), unlawful sexual penetration in the first degree (ORS 163.411), or using a child in a display of sexually explicit conduct (ORS 163.670). c. Previous conviction includes a conviction for the statutory counterpart of a major felony sex crime in any jurisdiction, and includes a conviction in the same sentencing proceeding if the conviction is for a separate criminal episode as defined in ORS 131.505. [2011 c.1 2] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.705. Definitions; adult prosecution of certain juvenile offenders. (1)(a) As used in this section and ORS 137.707: (A) Charged means the filing of an accusatory instrument in a court of criminal jurisdiction. (B) Detention facility has the meaning given that term in ORS 419A.004. (C) Prosecuted includes pretrial and trial procedures, requirements and limitations provided for in criminal cases. (b) Unless otherwise provided in ORS 137.707, ORS chapters 137 and 138 apply to proceedings under ORS 137.707. (2)(a) If the juvenile court enters an order of waiver under ORS 419C.349 (1)(a), the person waived may be charged with the commission of an offense listed in ORS
ORS Chapter 137 — Judgment and Execution;

ORS 137.709. Application of ORS 137.700 and 137.707. ORS 137.700 and 137.707 do not apply to a person who is under 15 years of age at the time the person commits a crime listed in ORS 137.700 or 137.707. [2011 c.337 1] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.712. 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 32; 2019 c.635 3c; 2019 c.685 4] Note: See second note under 137.700.
ORS Chapter 137 — Judgment and Execution;

ORS 137.719. Presumptive life sentence for certain sex offenders upon third conviction. (1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence. (2) The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. (3) For purposes of this section: (a) Sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence; and (b) A prior sentence includes: (A) Sentences imposed before, on or after July 31, 2001; and (B) Sentences imposed by any other state or federal court for comparable offenses. (4) As used in this section, sex crime has the meaning given that term in ORS 163A.005. [2001 c.884 4] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.725. Presumptive life sentence for certain sex offenders upon second conviction. (1) The presumptive sentence for a crime described in subsection (3) of this section is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime described in subsection (4) of this section. (2) The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. (3) The crimes to which the sentence described in subsection (1) of this section applies are: (a) Rape in the first degree under ORS 163.375; (b) Sodomy in the first degree under ORS 163.405; and (c) Unlawful sexual penetration in the first degree under ORS 163.411. (4) The prior convictions that give rise to a sentence described in subsection (1) of this section are: (a) Rape in the first degree under ORS 163.375; (b) Sodomy in the first degree under ORS 163.405; (c) Unlawful sexual penetration in the first degree under ORS 163.411; (d) An equivalent federal offense; and (e) An equivalent offense in another state. [2017 c.699 1] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.750. Sentencing requirements concerning defendants eligibility for certain types of leave, release or programs. (1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for such leave, release or program. (2) The executing or releasing authority may consider the defendant for a program described in subsection (1) of this section only upon order of the sentencing court appearing in the judgment. (3) As used in this section: (a) Executing or releasing authority means the Department of Corrections, State Board of Parole and Post-Prison Supervision, Oregon Youth Authority, Psychiatric Security Review Board, sentencing court or supervisory authority. (b) Supervisory authority has the meaning given that term in ORS 144.087. [1997 c.313 14; 2008 c.35 2; 2011 c.708 19; 2013 c.229 8; 2017 c.442 17] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.751. Determination of defendants eligibility for release on post-prison supervision under ORS 421.508. (1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendants eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.508 (4) only if, after a hearing, the court finds that: (a) The defendant meets the eligibility requirements of subsections (2) and (3) of this section; (b) The defendant was not on probation, parole or post-prison supervision for an offense listed in ORS 137.712 (4) or 811.705 (3)(b) at the time of the commission of the current crime of conviction; (c) The defendant has not previously been released on post-prison supervision under ORS 421.508 (4); (d) The harm or loss caused by the crime is not greater than usual for that type of crime; (e) The crime was not part of an organized criminal operation; and (f) After considering the nature of the offense and the harm to the victim, the defendants successful completion of the program would: (A) Increase public safety; (B) Enhance the likelihood that the defendant would be rehabilitated; and (C) Not unduly reduce the appropriate punishment. (2) Except as provided in subsection (4) of this section, a defendant may not be released on post-prison supervision under ORS 421.508 (4) if the defendant is being sentenced for a crime under ORS 163.145, 163.165 (1)(a) or (b), 163.525 or 811.705 (3)(b). (3) A defendant may not be released on post-prison supervision under ORS 421.508 (4) if the defendant is being sentenced for a crime listed in ORS 137.700,
ORS Chapter 137 — Judgment and Execution;

ORS 137.752. Requirements when defendant committed to custody of county. (1) When a court commits a defendant to the custody of a supervisory authority of a county under ORS 137.124, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the supervisory authority for any form of alternative sanction authorized by ORS 423.478, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for alternative sanctions. (2) The supervisory authority may consider the defendant for alternative sanctions only upon order of the sentencing court appearing in the judgment. (3) As used in this section, supervisory authority has the meaning given that term in ORS 144.087. [1997 c.313 15] Note: See note under