reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.730 - Failure to complete treatment program.

If a person on probation, parole or post-prison supervision is required to successfully complete a drug or alcohol treatment program as a condition of supervision and the person refuses or otherwise fails to successfully complete the treatment program, the court or the supervising authority shall impose swift and certain punishment, including incarceration in jail. [2009 c.660 §13]
Note:
144.730 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 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 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.740 - Request for appearance by prosecuting attorney at release date hearing.

(1) For the purposes of obtaining additional information for the hearing, the State Board of Parole and Post-Prison Supervision may make a request to the district attorney of the county in which a person was convicted that a representative of the office of the prosecuting attorney appear at any hearing during which the board is to consider setting or resetting a release date for the person.
(2) Upon a board request for appearance at a hearing described in subsection (1) of this section, the district attorney shall:
(a) Appear at the hearing if the district attorney prosecuted the person.
(b) Notify the Attorney General of the request for appearance if the Attorney General prosecuted the person.
(3) Upon receiving notification from a district attorney of a request for appearance under subsection (2)(b) of this section, the Attorney General shall appear at the hearing described in subsection (1) of this section.
(4) Notwithstanding subsection (2)(a) of this section, a district attorney may request, and the Attorney General may agree, that the Attorney General appear at a hearing described in subsection (1) of this section in lieu of the district attorney.
(5) Any appearance at a hearing made pursuant to this section may be made in person, by telephone or by electronic communication device.
(6) Nothing in this section limits or impairs the right of a district attorney to appear at a board hearing under any other provision of law. [2015 c.161 §1]
Note:
144.740 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 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 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.775 - Commission members; terms; compensation; rules on duration of prison terms.

(1) There is hereby established an Advisory Commission on Prison Terms and Parole Standards. The commission shall consist of equal numbers of State Board of Parole and Post-Prison Supervision members and circuit court judges appointed by the Chief Justice of the Supreme Court. The legal counsel to the Governor shall serve as an ex officio member of the commission and shall not vote unless necessary to break a voting deadlock. The Director of the Department of Corrections shall act as an advisor to the commission.
(2) The term of office of each of the members appointed by the Chief Justice is four years. Before the expiration of the term of any of those members, the Chief Justice shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Chief Justice shall make an appointment to become immediately effective for the unexpired term.
(3) A member of the commission shall receive no compensation for services as a member. However, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties under ORS 292.495.
(4) The chairperson of the State Board of Parole and Post-Prison Supervision and a judge elected by the judicial members shall serve in alternate years as chairperson of the commission. The chairperson and a vice chairperson shall be elected prior to July 1 of each year to serve for the year following. The commission shall adopt its own bylaws and rules of procedure. A majority of the commission members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the members shall be required to make proposals to the board under ORS 144.775 to 144.791.
(5) The commission shall meet at least annually at a place and time determined by the chairperson and at such other times and places as may be specified by the chairperson or five members of the commission.
(6) The State Board of Parole and Post-Prison Supervision shall provide the commission with the necessary clerical and secretarial staff support and shall keep the members of the commission fully informed of the experience of the board in applying the standards derived from those proposed by the commission.
(7) The commission shall propose to the State Board of Parole and Post-Prison Supervision and the board shall adopt rules establishing ranges of duration of imprisonment and variations from the ranges. In establishing the ranges and variations, factors provided in ORS 144.780 and 144.785 shall be considered. [1977 c.372 §1; 1983 c.740 §20; 1987 c.320 §81; 1991 c.126 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.780 - Rules on duration of imprisonment; objectives; considerations in prescribing rules.

(1) The commission shall propose to the board and the board shall adopt rules establishing ranges of duration of imprisonment to be served for felony offenses prior to release on parole. The range for any offense shall be within the maximum sentence provided for that offense.
(2) The ranges shall be designed to achieve the following objectives:
(a) Punishment which is commensurate with the seriousness of the prisoner’s criminal conduct; and
(b) To the extent not inconsistent with paragraph (a) of this subsection:
(A) The deterrence of criminal conduct; and
(B) The protection of the public from further crimes by the defendant.
(3) The ranges, in achieving the purposes set forth in subsection (2) of this section, shall give primary weight to the seriousness of the prisoner’s present offense and criminal history. Existing correctional resources shall be considered in establishing the ranges. [1977 c.372 §2; 1985 c.163 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.783 - Duration of term of imprisonment when prisoner is sentenced to consecutive terms.

(1) When a prisoner is sentenced to two or more consecutive terms of imprisonment, the duration of the term of imprisonment shall be the sum of the terms set by the State Board of Parole and Post-Prison Supervision pursuant to the ranges established for the offenses, subject to ORS 144.079, and subject to the variations established pursuant to ORS 144.785 (1).
(2) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security. [1987 c.634 §2; 1991 c.126 §9; 2015 c.820 §44]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.785 - Rules on duration of prison terms when aggravating or mitigating circumstances exist; limitation on terms; dangerous offenders.

(1) The commission shall propose to the board and the board shall adopt rules regulating variations from the ranges, to be applied when aggravating or mitigating circumstances exist. The rules shall define types of circumstances as aggravating or mitigating and shall set the maximum variation permitted.
(2) In no event shall the duration of the actual imprisonment under the ranges or variations from the ranges exceed the maximum term of imprisonment fixed for an offense, except in the case of a prisoner who has been sentenced under ORS 161.725 as a dangerous offender, in which case the maximum term shall not exceed 30 years. [1977 c.372 §3; 1981 c.547 §1; 1987 c.634 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.787 - Rules on age or physical disability of victim constituting aggravating circumstance.

The Advisory Commission on Prison Terms and Parole Standards and the State Board of Parole and Post-Prison Supervision shall provide, in rules adopted under ORS 144.785, that, in the case of a crime involving a physical or sexual assault, a victim’s particular vulnerability to injury in such case due to the victim’s youth, advanced age or physical disability, shall constitute an aggravating circumstance justifying a variation from the range of duration of imprisonment otherwise applicable in the case. [1985 c.767 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports › Section 144.791 - Presentence report in felony conviction cases; when required.

(1) When a person is convicted of a felony, including a felony sexual offense, the sentencing court may order a presentence report upon its own motion or upon the request of the district attorney or the defendant.
(2) The sentencing court shall order a presentence report if the defendant is convicted of a felony sexual offense unless:
(a) The defendant, as part of the same prosecution, is convicted of aggravated murder;
(b) The felony sexual offense requires the imposition of a mandatory minimum prison sentence and no departure is sought by the court, district attorney or defendant; or
(c) The felony sexual offense requires imposition of a presumptive prison sentence and no departure is sought by the court, district attorney or defendant.
(3) The Department of Corrections shall:
(a) Require that a presentence report provide an analysis of what disposition is most likely to reduce the offender’s criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody, whether provided by the department or another entity;
(b) Determine what additional information must be included in the presentence report; and
(c) Establish a uniform presentence report form. [1995 c.520 §4 (enacted in lieu of 144.790); 2005 c.473 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.003 - Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992.

As used in ORS 146.003 to 146.189 and 146.710 to 146.992, unless the context requires otherwise:
(1) "Approved laboratory" means a laboratory approved by the Chief Medical Examiner as competent to perform the blood sample analysis required by ORS 146.113 (2).
(2) "Assistant district medical examiner" means a physician appointed by the district medical examiner to investigate and certify deaths within a county or district.
(3) "Cause of death" means the primary or basic disease process or injury ending life.
(4) "Death requiring investigation" means the death of a person occurring in any one of the circumstances set forth in ORS 146.090.
(5) "District medical examiner" means a physician appointed by the Chief Medical Examiner to investigate and certify deaths within a county or district, including a Deputy State Medical Examiner.
(6) "Law enforcement agency" means a county sheriff’s office, municipal police department, police department established by a university under ORS 352.121 or 353.125 and the Oregon State Police.
(7) "Legal intervention" includes an execution pursuant to ORS 137.463, 137.467 and 137.473 and other legal use of force resulting in death.
(8) "Manner of death" means the designation of the probable mode of production of the cause of death, including natural, accidental, suicidal, homicidal, legal intervention or undetermined.
(9) "Medical examiner" means a physician appointed as provided by ORS 146.003 to 146.189 to investigate and certify the cause and manner of deaths requiring investigation, including the Chief Medical Examiner.
(10) "Medical-legal death investigator" means a person appointed by the district medical examiner to assist in the investigation of deaths within a county.
(11) "Pathologist" means a physician holding a current license to practice medicine and surgery and who is eligible for certification by the American Board of Pathology.
(12) "Unidentified human remains" does not include human remains that are unidentified human remains that are part of an archaeological site or suspected of being Native American and covered under ORS chapters 97 and 390 and ORS 358.905 to 358.961. [1973 c.408 §1a; 1995 c.744 §17; 2007 c.500 §1; 2011 c.506 §18; 2013 c.180 §18; 2017 c.151 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.015 - State Medical Examiner Advisory Board; appointment of Chief Medical Examiner; rules.

(1) There is hereby established the State Medical Examiner Advisory Board.
(2) The board shall make policies for the administration of ORS 146.003 to 146.189 and the Department of State Police shall adopt rules to effectuate the policies.
(3) The board shall recommend the name or names of pathologists to the Superintendent of State Police from which the superintendent shall appoint the Chief Medical Examiner.
(4) The board consists of 11 members appointed by the Governor who are:
(a) The Chair of the Department of Pathology of the Oregon Health and Science University, who is the chairperson of the board;
(b) The State Health Officer;
(c) A sheriff;
(d) A trauma physician recommended by the State Trauma Advisory Board;
(e) A pathologist;
(f) A district attorney;
(g) A funeral service practitioner and embalmer licensed by the State Mortuary and Cemetery Board;
(h) A chief of police;
(i) A member of the defense bar;
(j) A member of the public at large; and
(k) A member of one of the federally recognized Oregon Indian tribes.
(5) The members described in subsection (4)(a) and (b) of this section may serve as long as they hold their respective positions. The term of office of each member described in subsection (4)(c), (f) and (h) of this section is for four years, except that the position becomes vacant if the member ceases to be a sheriff, district attorney or chief of police, respectively. The terms of office of the other members of the State Medical Examiner Advisory Board are for four years.
(6) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.
(7) The board shall meet annually at a time and place determined by the chairperson. The chairperson or any four members of the board may call a special meeting upon not less than one week’s notice to the members of the board.
(8) Six members of the board constitute a quorum. [1973 c.408 §2; 1995 c.744 §9; 2011 c.28 §1; 2017 c.151 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.025 - Functions of board.

In addition to the duties set forth in ORS 146.015 the State Medical Examiner Advisory Board shall:
(1) Recommend to the Oregon Department of Administrative Services the qualifications and compensation for the positions of Chief Medical Examiner and Deputy State Medical Examiner.
(2) Recommend to the county courts the compensation of the district medical examiners and assistant district medical examiners.
(3) Recommend to district medical examiners and district attorneys the qualifications for medical-legal death investigators.
(4) Approve or disapprove of a single district medical examiner’s office for two or more counties as provided by ORS 146.065 (5).
(5) Recommend a proposed budget for the Office of the Chief Medical Examiner to the Department of State Police.
(6) Annually review the Chief Medical Examiner’s report prescribed by ORS 146.055 and report to the Superintendent of State Police and to the State Board of Health regarding the operation of the Office of the Chief Medical Examiner. [1973 c.408 §3; 1995 c.744 §10; 2017 c.151 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.035 - Chief Medical Examiner; personnel; records; right to examine records.

(1) There is established within the Department of State Police the Office of the Chief Medical Examiner for the purpose of directing and supporting the state death investigation program.
(2) The Chief Medical Examiner shall manage all aspects of the Office of the Chief Medical Examiner’s program.
(3) Subject to the State Personnel Relations Law, the Chief Medical Examiner may employ or discharge other personnel of the Office of the Chief Medical Examiner.
(4) The Office of the Chief Medical Examiner shall:
(a) File and maintain appropriate reports on all deaths requiring investigation.
(b) Maintain an accurate list of all active district medical examiners, assistant district medical examiners and designated pathologists.
(c) Transmit monthly to the Department of Transportation a report for the preceding calendar month of all information obtained under ORS 146.113.
(5) Notwithstanding ORS 192.345 (36):
(a) Any parent, spouse, sibling, child or personal representative of the deceased, or any person who may be criminally or civilly liable for the death, or their authorized representatives respectively, may examine and obtain copies of any medical examiner’s report, autopsy report or laboratory test report ordered by a medical examiner under ORS 146.117.
(b) The system described in ORS 192.517 (1) shall have access to reports described in this subsection as provided in ORS 192.517. [1973 c.408 §4; 1987 c.142 §1; 1995 c.504 §3; 1995 c.744 §8; 2003 c.14 §60; 2005 c.498 §1; 2009 c.222 §§3,5; 2011 c.9 §7; 2013 c.1 §§6,7; 2015 c.14 §3; 2017 c.151 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.055 - Advice; autopsies; training programs; report.

(1) The Chief Medical Examiner shall assist and advise district medical examiners in the performance of their duties.
(2) The Chief Medical Examiner shall perform autopsies, if in the judgment of the Chief Medical Examiner such autopsy is necessary in any death requiring investigation, when requested by a medical examiner or district attorney.
(3) The Chief Medical Examiner shall regularly conduct training programs for the district medical examiners and law enforcement agencies.
(4) The Chief Medical Examiner shall submit an annual report to the State Medical Examiner Advisory Board detailing the activities and accomplishments of the state and each county office in the preceding year as well as a cost analysis of the Office of the Chief Medical Examiner. [1973 c.408 §6; 2017 c.151 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.065 - Local medical examiners; appointment; Deputy State Medical Examiner.

(1) In each county there shall be a medical examiner for the purpose of investigating and certifying the cause and manner of deaths requiring investigation.
(2) Each district medical examiner shall be appointed by the Chief Medical Examiner with approval of the appropriate board or boards of commissioners and may be discharged by the Chief Medical Examiner without such approval.
(3) If the position of district medical examiner is vacant, the local health officer shall temporarily act as medical examiner in cooperation with the Chief Medical Examiner until the vacancy is filled.
(4) If the positions of district medical examiner and local health officer are both vacant, the district attorney shall temporarily act as medical examiner in cooperation with the Chief Medical Examiner until the vacancy is filled.
(5) Two or more counties, with the approval of the State Medical Examiner Advisory Board and commissioners of each county, may form a district medical examiner’s office instead of an office for each such county.
(6) When a county or district has a population of 200,000 or more persons, the Chief Medical Examiner may, with the approval of the State Medical Examiner Advisory Board, appoint a Deputy State Medical Examiner for that county or district.
(7) The compensation of the Deputy State Medical Examiner shall be paid by the state from funds available for such purpose.
(8) The services of the Deputy State Medical Examiner may be contracted by the Department of State Police. These contracts may be terminated by either party at any time by written notice to the other party to the agreement and, upon termination, the appointment of such Deputy State Medical Examiner is terminated. [1973 c.408 §7; 1995 c.744 §11; 2015 c.736 §50; 2017 c.151 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.075 - District office duties; personnel; expenses for certain duties; records and reports.

(1) The district medical examiner shall serve as the administrator of the district medical examiner’s office. Subject to applicable provisions of a county personnel policy or civil service law, the district medical examiner may employ such other personnel as the district medical examiner deems necessary to operate the office.
(2) All expenses of equipping, maintaining and operating the district medical examiner’s office, including the compensation of the district medical examiner and assistant district medical examiners, shall be paid by the county or counties of the district from funds budgeted for such purpose.
(3) When a district medical examiner also serves as local health officer, the county shall separately budget the compensation and expenses to be paid for medical examiner’s duties.
(4) All expenses of death investigations shall be paid from county funds budgeted for such purpose except that, in counties under 200,000 population upon the approval of the Chief Medical Examiner, one-half of the costs of autopsies ordered under ORS 146.117 shall be paid annually by the state from funds for such purpose. If funds available for this payment are insufficient to meet one-half of these costs, even proportional payments to the counties shall be made.
(5) Expenses of burial or other disposition of an unclaimed body shall be paid by the county where the death occurs, as provided by ORS 146.100 (2), in the manner provided by ORS 146.121 (4).
(6) Each district office shall maintain copies of the:
(a) Reports of death investigation by the medical examiner;
(b) Autopsy reports;
(c) Laboratory analysis reports; and
(d) Inventories of money or property of the deceased taken into custody during the investigation.
(7) Reports and inventories maintained by the district office shall be available for inspection as provided by ORS 146.035 (5).
(8) Copies of reports of death investigations by medical examiners and autopsy reports shall be forwarded to the Office of the Chief Medical Examiner.
(9) Each district office shall maintain current records of:
(a) All assistant district medical examiners appointed.
(b) Appointments of each medical-legal death investigator appointed for the county or district.
(c) The name, address and director of each licensed funeral home located within the county or district.
(10) Each district office shall immediately in writing notify the Office of the Chief Medical Examiner of all appointments and resignations of their medical examiners. [1973 c.408 §8; 1987 c.142 §2; 2015 c.736 §51; 2017 c.151 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.080 - Assistant district medical examiner.

(1) Each district medical examiner may appoint one or more assistant district medical examiners.
(2) The qualifications of an assistant district medical examiner shall be prescribed by the State Medical Examiner Advisory Board.
(3) When delegated by the district medical examiner, an assistant district medical examiner shall:
(a) Assist the district medical examiner in investigating and certifying deaths.
(b) Have the authority and responsibility to investigate and certify deaths requiring investigation. [1973 c.408 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.085 - Medical-legal death investigators.

(1) The district medical examiner shall appoint, subject to the approval of the district attorney and applicable civil service regulations, qualified medical-legal death investigators, including the sheriff or a deputy sheriff and a member of the Oregon State Police for each county. Other peace officers may also be appointed as medical-legal death investigators.
(2) The district medical examiner and the district attorney shall establish qualifications for medical-legal death investigators.
(3) Each medical-legal death investigator shall be individually appointed and the name of the medical-legal death investigator shall be on file in the office of the district medical examiner.
(4) A medical-legal death investigator shall investigate deaths subject to the control and direction of the district medical examiner or the district attorney.
(5) A medical-legal death investigator may authorize the removal of the body of a deceased person from the apparent place of death.
(6) The medical-legal death investigator may not authorize embalming, order a post-mortem examination or autopsy, or certify the cause and manner of death. [1973 c.408 §11; 2017 c.151 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.088 - Officer or employee of public body.

A district medical examiner, medical-legal death investigator, assistant district medical examiner or designated pathologist is deemed to be an officer or employee of a public body for purposes of ORS 30.260 to 30.300 while acting as a district medical examiner, medical-legal death investigator, assistant district medical examiner or designated pathologist. [1995 c.744 §13; 2017 c.151 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.090 - Deaths requiring investigation.

(1) The medical examiner shall investigate and certify the cause and manner of all human deaths:
(a) Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances;
(b) Resulting from the unlawful use of controlled substances or the use or abuse of chemicals or toxic agents;
(c) Occurring while incarcerated in any jail, correction facility or in police custody;
(d) Apparently accidental or following an injury;
(e) By disease, injury or toxic agent during or arising from employment;
(f) While not under the care of a physician during the period immediately previous to death;
(g) Related to disease which might constitute a threat to the public health; or
(h) In which a human body apparently has been disposed of in an offensive manner.
(2) As used in this section, "offensive manner" means a manner offensive to the generally accepted standards of the community. [1973 c.408 §12; 1979 c.744 §4; 1985 c.207 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.095 - Investigation; certification; report; training.

(1) The district medical examiner and the district attorney for the county where death occurs, as provided by ORS 146.100 (2), shall be responsible for the investigation of all deaths requiring investigation.
(2) The medical examiner shall certify the manner and the cause of all deaths which the medical examiner is required to investigate. The report of death shall be submitted to a county registrar as required by ORS 432.133.
(3) The medical examiner shall make a report of death investigation to the Chief Medical Examiner as soon as possible after being notified of a death requiring investigation.
(4) Within five days after notification of a death requiring investigation, the medical examiner shall make a written report of the investigation and file it in the district medical examiner’s office.
(5) The district medical examiner shall supervise the assistant district medical examiners and medical-legal death investigators in cooperation with the district attorney.
(6) The district medical examiner shall regularly conduct administrative training programs for the assistant district medical examiners, medical-legal death investigators and law enforcement agencies. [1973 c.408 §9; 2013 c.366 §67; 2017 c.151 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.103 - Removal of body, effects or weapons prohibited without consent.

(1) In a death requiring an investigation, no person shall move a human body or body suspected of being human, or remove any of the effects of the deceased or instruments or weapons related to the death without the permission of a medical examiner, medical-legal death investigator or the district attorney.
(2) No person shall move or remove any of the items specified in subsection (1) of this section if the medical examiner or district attorney objects.
(3) A medical examiner, district attorney or medical-legal death investigator shall take custody of or exercise control over the body, the effects of the deceased and any weapons, instruments, vehicles, buildings or premises which the medical examiner, district attorney or medical-legal death investigator has reason to believe were involved in the death, in order to preserve evidence relating to the cause and manner of death.
(4) In a death requiring investigation, no person shall undress, embalm, cleanse the surface of the body or otherwise alter the appearance or the state of the body without the permission of the medical examiner or the district attorney. [1973 c.408 §14; 2017 c.151 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.107 - Authority to enter and secure certain premises; court order.

(1) A medical examiner, medical-legal death investigator or district attorney may enter any room, dwelling, building or other place in which the medical examiner, medical-legal death investigator or district attorney has reasonable cause to believe that a body or evidence of the circumstances of death requiring investigation may be found.
(2) If refused entry, the medical examiner, medical-legal death investigator or district attorney may apply to any judge authorized to issue search warrants for an order to enter such premises, search for and seize a body or any evidence of the cause or manner of death.
(3) Upon application supported by an affidavit setting forth facts and circumstances tending to show that a body or such evidence of death is in the place to be searched, the judge shall issue such order to enter and search and seize.
(4) To preserve evidence, a medical examiner, medical-legal death investigator or district attorney may:
(a) Place under the custody or control of the medical examiner, medical-legal death investigator or district attorney, or enclose or lock any room, dwelling, building or other enclosure for a period of not more than five days.
(b) Rope off or otherwise restrict entry to any open area.
(c) Forbid the entrance of any unauthorized person into the area specified under paragraphs (a) and (b) of this subsection.
(5) No person shall enter upon the enclosures or areas specified in subsection (4) of this section without the permission of the medical examiner, medical-legal death investigator or district attorney. [1973 c.408 §15; 2017 c.151 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.109 - Notification of next of kin.

(1) Upon identifying the body, the medical examiner shall immediately attempt to locate the next of kin or responsible friends to obtain the designation of a funeral home to which the deceased is to be taken.
(2) If unable to promptly obtain a designation of funeral home from the next of kin or responsible friends, the medical examiner or medical-legal death investigator shall designate the funeral home. In designating the funeral home, the medical examiner or medical-legal death investigator shall be fair and equitable among the funeral homes listed in the office of the district medical examiner. [1973 c.408 §16; 2017 c.151 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.113 - Authority to order removal of body fluids.

(1) A medical examiner or district attorney may, in any death requiring investigation, order samples of blood or urine taken for laboratory analysis.
(2) When a death requiring an investigation as a result of a motor vehicle accident occurs within five hours after the accident and the deceased is over 13 years of age, a blood sample shall be taken and forwarded to an approved laboratory for analysis. Such blood or urine samples shall be analyzed for the presence and quantity of ethyl alcohol, and if considered necessary by the Chief Medical Examiner, the presence of any other intoxicants, as defined in ORS 801.321.
(3) Laboratory reports of the analysis shall be made a part of the Chief Medical Examiner’s and district medical examiner’s files. [1973 c.408 §17; 1979 c.744 §5; 2017 c.21 §41; 2017 c.151 §18; 2023 c.498 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.117 - Autopsies.

(1) A medical examiner or district attorney may order an autopsy performed in any death requiring investigation. This authorization for an autopsy shall permit the pathologist to remove and retain body tissues or organs from the deceased for the purpose of the legal or medical determination of the manner or cause of death, or other purposes approved under policies established by the State Medical Examiner Advisory Board.
(2) If an autopsy is ordered, the medical examiner shall obtain the services of a pathologist authorized under ORS 146.045 (2)(b).
(3) A pathologist may not receive compensation for performing the autopsy if, as medical examiner, the pathologist ordered the autopsy. [1973 c.408 §18; 1987 c.142 §4; 1995 c.744 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.121 - Disposition of body; filing; expenses.

(1) No person shall bury or otherwise dispose of the body of a person whose death required investigation, without having first obtained a burial, cremation or reduction permit, or a report of death completed and signed by a medical examiner.
(2) When a medical examiner investigates the death of a person whose body is not claimed by a friend or relative within five days of the date of death, the sheriff or, in counties having a population of 400,000 or more, the medical examiner shall dispose of the body according to the provisions of ORS 97.170 to 97.210.
(3) If the medical examiner is unable to dispose of the body of a deceased person according to subsection (2) of this section, the medical examiner may order in writing that the body be either cremated, reduced or plainly and decently buried.
(4) The sheriff or medical examiner shall file a copy of the report of death, the order for disposition and a verified statement of the expenses of the cremation, reduction or burial with the board of county commissioners. The board of county commissioners shall pay such expenses, or any proportion thereof as may be available, from county funds annually budgeted for this purpose. [1973 c.408 §19; 1995 c.744 §16; 2013 c.366 §68; 2021 c.296 §25]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.125 - Disposition of personal property.

(1) The medical examiner, medical-legal death investigator, district attorney or sheriff may temporarily retain possession of any property found on the body or in the possession of the deceased that in the opinion of the medical examiner, medical-legal death investigator, district attorney or sheriff may be useful in establishing the cause or manner of death or may be used in further proceedings.
(2) When a medical examiner, medical-legal death investigator, district attorney or sheriff assumes control or custody of money or personal property found on the body or in the possession of the deceased, the medical examiner, medical-legal death investigator, district attorney or sheriff shall:
(a) Make a verified inventory of such money or property.
(b) File the inventory in the district medical examiner’s office.
(c) Deposit the money with the county treasurer to the credit of the county general fund.
(3) If personal property is not retained by the medical examiner, medical-legal death investigator, district attorney or sheriff, and is not claimed within 30 days, the inventory shall be filed with the board of county commissioners to be disposed of as follows:
(a) If the property has value, the board may order it sold and after deducting the cost of sale, shall deposit the proceeds of the sale with the county treasurer to the credit of the county general fund.
(b) If the property has no value in the judgment of the board, the board may order the sheriff to destroy such property.
(4) Any expenses incurred by the county in transporting or disposing of the body may be deducted from the money or proceeds of the sale of personal property before it is delivered to a claimant.
(5) If it appears that the person whose death required investigation died wholly intestate and without heirs, the county whose official has control or custody of the property shall notify an estate administrator of the State Treasurer appointed under ORS 113.235 within 15 days after the death.
(6) If a legally qualified personal representative, spouse, next of kin or estate administrator of the State Treasurer:
(a) Claims the money of the deceased, the county treasurer shall, subject to the provisions of subsection (4) of this section, deliver such money to the claimant.
(b) Within 30 days, claims the personal property of the deceased, the property shall be delivered to such claimant subject to the provisions of subsections (1) and (5) of this section.
(7) If money of the deceased is not claimed within seven years, the money is presumed abandoned as provided by ORS 98.302 to 98.436 and 98.992 and the board of county commissioners shall order the county treasurer to deliver and report the money to the State Treasurer as required by ORS 98.352. [1973 c.408 §20; 1977 c.582 §5; 2003 c.395 §19; 2017 c.151 §19; 2019 c.678 §55]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.135 - Authority to order inquest.

(1) The district attorney for the county where the death occurs may order an inquest to obtain a jury finding of the cause and manner of death in any case requiring investigation.
(2) For the purpose of conducting an inquest, the district attorney shall have the powers of a judicial officer as described by ORS 1.240 and 1.250.
(3) The district attorney shall advise the jury of inquest as to its duties and instruct the jury on questions of law.
(4) The district attorney shall cause a record of the inquest proceedings to be made which shall include the written order of inquest, a record of the testimony of witnesses and the written verdict of the jury.
(5) Within a reasonable time after the verdict is returned, the record of inquest shall be filed in the district medical examiner’s office for the county where the inquest was held.
(6) A copy of the order of inquest and verdict of the jury shall be filed in the Office of the Chief Medical Examiner.
(7) The record of inquest shall be available for inspection as provided by ORS 146.035 (5). [1973 c.408 §21; 1987 c.142 §3; 2017 c.151 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.145 - Jury of inquest.

(1) The district attorney shall order the inquest to be held at a specified time and place and as provided in ORS 10.810 and 10.820 shall summon a jury of inquest to inquire into the cause and manner of death.
(2) Upon receipt of a copy of the order of inquest, the sheriff shall select, as provided by law, not less than eight prospective members of the jury of inquest.
(3) The sheriff shall obtain a summons for each prospective juror selected and cause the summons to be served upon such juror.
(4) At the time and place of the inquest the sheriff shall report to the district attorney the names of all prospective jurors summoned.
(5) A prospective juror may be excused by the district attorney if the juror was related or closely associated with the deceased, was a witness to the death or shows good cause that the juror may be biased.
(6) From among the prospective jurors not excused, six members of the jury of inquest shall be drawn by lot. [1973 c.408 §22]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.155 - Inquest proceedings.

(1) The six members of the jury of inquest shall be sworn by the district attorney to:
(a) Inquire into who the deceased person was, when and where the deceased person came to death, the cause of death and the manner of death.
(b) Give a true verdict thereof according to the evidence produced during the inquest.
(2) The district attorney shall subpoena as a witness any person who the district attorney believes has knowledge of facts relevant and material to the inquiry. The jury of inquest may request but may not require that other persons be subpoenaed.
(3) The district attorney shall examine each witness as to all facts which the district attorney deems relevant and material to the inquiry. After examination by the district attorney, the members of the jury may inquire of the witness provided that their examination is relevant and material.
(4) When the examination of witnesses is closed, the district attorney shall advise the jury as to their duty under law, and as to questions of law arising from the facts or posed by the jury.
(5) After having been advised of law, the jury shall retire to deliberate and to arrive at its verdict.
(6) The verdict shall be delivered to the district attorney. [1973 c.408 §23]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.165 - Verdict; findings; testimony and verdict of inquest as admissible evidence in subsequent proceedings.

(1) The jury shall give its verdict in writing, signed by its members, setting forth its findings from the evidence produced:
(a) Who the deceased person was;
(b) When and where the deceased person came to death;
(c) The cause of death; and
(d) The manner of death.
(2) The verdict of a jury of inquest shall not preclude nor require a criminal charge by the grand jury or district attorney.
(3) The testimony of any witness before a jury of inquest shall not be admissible evidence in any civil or criminal proceeding except:
(a) A criminal trial in which the witness is charged with perjury or false swearing arising from the testimony given before the jury of inquest.
(b) A civil or criminal trial in which the testimony before the jury of inquest is offered as a prior inconsistent statement to impeach the same witness.
(4) The verdict of a jury of inquest shall not be admitted into evidence in any trial. [1973 c.408 §24]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.171 - Unidentified human remains; maintenance of records.

(1) The Superintendent of State Police shall establish and maintain a file of records relating to unidentified human remains found within the state and of which the Oregon State Police are notified under ORS 146.174. The records shall be maintained in order to facilitate the identification of such remains.
(2) The Superintendent of State Police shall establish the file described under subsection (1) of this section after consultation with the Chief Medical Examiner to determine what areas of information generally shall be requested, obtained and preserved in the file. General areas of information determined under this section shall be for the purpose of developing file format and standard forms for collecting data to aid in identifying human remains. Information having potential value in identifying human remains shall not be excluded from a file because it does not fall within a general area of information determined under this section or is not required by federal authorities.
(3) In addition to any other file it maintains, the Department of State Police shall enter appropriate information relating to unidentified human remains into any file maintained by federal authorities to facilitate the identification of such remains. The department shall conform file entries under this subsection to the format prescribed by the authorities responsible for the federal file. [Formerly 146.505; 2017 c.151 §21]