reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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. [Amended by 1969 c.597 §127; 1981 c.447 §1; 1987 c.320 §42; 1993 c.14 §15; 2005 c.264 §12; 2021 c.653 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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. [1989 c.1 §§2,3; 1991 c.386 §6; 1993 c.692 §5; 1995 c.79 §49; 2003 c.14 §59; 2019 c.635 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.637 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.651 - Definitions for ORS 137.654, 137.656 and 137.658.

As used in ORS 137.654, 137.656 and 137.658:
(1) "Commission" means the Oregon Criminal Justice Commission.
(2) "Criminal justice system" includes all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offenses, the disposition of offenders under the criminal law and the disposition or treatment of juveniles adjudicated to have committed an act which, if committed by an adult, would be a crime. The "criminal justice system" includes police, public prosecutors, defense counsel, courts, correction systems, mental health agencies, crime victims and all public and private agencies providing services in connection with those elements, whether voluntarily, contractually or by order of a court. [1985 c.558 §1; 1995 c.420 §4; 1997 c.433 §1]
Note:
137.651 to 137.673 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.672 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.651.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.674 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.676 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 person’s hostile expression of animus toward another person, relating to the other person’s 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:
137.678 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.679 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.680 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.681 and 137.682 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.681.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.683 and 137.685 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.683.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.689 - Oregon Crimefighting Act.

This section and ORS 137.690 and 813.011 shall be known as the Oregon Crimefighting Act. [2011 c.1 §1]
Note:
137.689 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.690 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.707 and may be prosecuted as an adult. The person may be detained in custody only in a detention facility, unless the person is 16 or 17 years of age and the director of the county juvenile department and the sheriff agree to detain the person in a jail or other place where adults are detained. A person detained in accordance with this paragraph is subject to release on the same terms and conditions as for adults.
(b) If a person waived under ORS 419C.349 (1)(a) is under 16 years of age, the person may not be detained before conviction, or after conviction but before execution of the sentence, in a jail or other place where adults are detained. [1995 c.422 §48; 2011 c.122 §1; 2019 c.634 §4]
Note:
Section 32, chapter 634, Oregon Laws 2019, provides:
Sec. 32.
(1) Sections 24 [161.740] and 25 [144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 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 [163.107], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.
(2) Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.709 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.719 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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:
137.725 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.750 - Sentencing requirements concerning defendant’s 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:
137.750 to 137.754 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.750.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.750.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 victim’s 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:
137.765 to 137.771 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 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 137.765.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.769 - Defendant’s 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 defendant’s 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 137.765.