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 137.372 - Credit for time served as part of probationary sentence; diversion program or specialty court program.

(1)(a) Notwithstanding the provisions of ORS 137.370 (2), an offender who has been revoked from a probationary sentence for a felony committed on or after November 1, 1989, and whose sentence was imposed as a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, shall receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence. However, if the credit for the time served in jail as described in this paragraph is greater than 90 days, the sentencing judge may limit or deny credit for any of that time that exceeds 90 days.
(b) Notwithstanding the provisions of ORS 137.370 (2), an offender who has been revoked from a probationary sentence for a felony committed on or after November 1, 1989, and whose sentence was imposed as a presumptive or optional probationary sentence under the rules of the Oregon Criminal Justice Commission, shall receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence, unless the sentencing judge orders otherwise.
(2) Notwithstanding the provisions of ORS 137.370 (2), an offender who is sentenced to imprisonment in the custody of the Department of Corrections following the failure to complete a diversion program described in ORS 430.450 to 430.555 or a specialty court program in which the offender was not on probation shall receive credit for the time served in jail after arrest and before commencement of the program and for the time served in jail as a sanction for violating the terms of the program, unless the sentencing judge orders otherwise.
(3) Notwithstanding the provisions of ORS 137.320 (4), an offender who has been ordered confined as part of a probationary sentence for a felony committed on or after July 18, 1995, shall receive credit for the time served in jail after arrest and before commencement of the term unless the sentencing judge orders otherwise.
(4) As used in this section, "specialty court" has the meaning given that term in ORS 137.680. [1989 c.790 §81; 1993 c.692 §4; 1995 c.657 §13; 2015 c.508 §2; 2018 c.120 §13]
Note:
137.372 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 137.375 - Release of prisoners whose terms expire on weekends or legal holidays.

When the date of release from imprisonment of any prisoner in an adult correctional facility under the jurisdiction of the Department of Corrections, or any prisoner in a county or city jail, falls on Saturday, Sunday or a legal holiday, the prisoner shall be released, at the discretion of the releasing authority, on the first, second or third day preceding the date of release which is not a Saturday, Sunday or legal holiday. Prisoners of a county or city jail serving a mandatory minimum term specifically limited to weekends shall be released only at the time fixed in the sentence. [1953 c.532 §1; 1955 c.660 §16; 1971 c.290 §1; 1979 c.487 §10; 1987 c.320 §36; 2001 c.851 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.380 - Discipline, treatment and employment of prisoners.

A judgment of commitment to the custody of the Department of Corrections need only specify the duration of confinement as provided in ORS 137.120. Thereafter the manner of the confinement and the treatment and employment of a person shall be regulated and governed by whatever law is then in force prescribing the discipline, treatment and employment of persons committed. [Amended by 1955 c.32 §1; 1955 c.660 §17; 1959 c.687 §1; 1973 c.836 §268; 1987 c.320 §37]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.390 - Commencement, term and termination of term of imprisonment in county jail; treatment of prisoners therein.

The commencement, term and termination of a sentence of imprisonment in the county jail is to be ascertained by the rule prescribed in ORS 137.370, and the manner of such confinement and the treatment of persons so sentenced shall be governed by whatever law may be in force prescribing the discipline of county jails. [Amended by 1973 c.631 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.440 - Return by officer executing judgment; annexation to trial court file.

When a judgment in a criminal action has been executed, the sheriff or officer executing it shall return to the clerk the warrant or copy of the entry or judgment upon which the sheriff or officer acted, with a statement of the doings of the sheriff or officer indorsed thereon, and the clerk shall file the same and annex it to the trial court file, as defined in ORS 19.005. [Amended by 1967 c.471 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.450 - Enforcement of money judgment in criminal action.

A judgment against the defendant or complainant in a criminal action, so far as it requires the payment of a fine, fee, assessment, costs and disbursements of the action or restitution, may be enforced as a judgment in a civil action. [Amended by 1973 c.836 §269; 1987 c.709 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.464 - Administrative assessment of defendant’s mental capacity.

(1)(a) At the death warrant hearing under ORS 137.463, the court shall order that the Oregon Health Authority or its designee perform an assessment of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options if:
(A) The defendant indicates the wish to waive the right to counsel; and
(B) The court has substantial reason to believe that, due to mental incapacity, the defendant cannot engage in reasoned choices of legal strategies and options.
(b) The court also shall order an assessment described in paragraph (a) of this subsection upon motion by the state.
(2) If the requirements of subsection (1) of this section are met, the court may order the defendant to be committed to a state mental hospital designated by the authority for a period not exceeding 30 days for the purpose of assessing the defendant’s mental capacity. The report of any competency assessment performed under this section must include, but need not be limited to, the following:
(a) A description of the nature of the assessment;
(b) A statement of the mental condition of the defendant; and
(c) A statement regarding the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.
(3) If the competency assessment cannot be conducted because the defendant is unwilling to participate, the report must so state and must include, if possible, an opinion as to whether the unwillingness of the defendant is the result of a mental condition affecting the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.
(4) The authority shall file three copies of the report of the competency assessment with the clerk of the court, who shall cause copies to be delivered to the district attorney and to counsel for the defendant. [1999 c.1055 §3; 2009 c.595 §96]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.466 - Judicial determination of defendant’s mental capacity.

(1) If the court has ordered the Oregon Health Authority to perform a competency assessment of the defendant under ORS 137.464 and the assessment has been completed, the court shall determine the issue of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options. If neither the state nor counsel for the defendant contests the finding of the report filed under ORS 137.464, the court may make the determination of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options on the basis of the report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence at the hearing, the party contesting the finding has the right to summon and to cross-examine the psychiatrist or psychologist who submitted the report and to offer evidence on the issue. Either party may introduce other evidence regarding the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.
(2) If the court determines that, due to mental incapacity, the defendant cannot engage in reasoned choices of legal strategies and options, the court shall continue the appointment of counsel provided under ORS 137.463.
(3) No appeal may be taken from an order issued pursuant to this section. [1999 c.1055 §4; 2009 c.595 §97]
Note:
See note under 137.464.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.467 - Delivery of warrant when place of trial changed.

If the place of trial has been changed, the death warrant shall be delivered to the sheriff of the county in which the defendant was tried. [1984 c.3 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.473 - Means of inflicting death; place and procedures; acquisition of lethal substance.

(1) The punishment of death shall be inflicted by the intravenous administration of a lethal quantity of an ultra-short-acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death. The judgment shall be executed by the superintendent of the Department of Corrections institution in which the execution takes place, or by the designee of that superintendent. All executions shall take place within the enclosure of a Department of Corrections institution designated by the Director of the Department of Corrections. The superintendent of the institution shall be present at the execution and shall invite the presence of one or more physicians, physician assistants or nurse practitioners, the Attorney General, the sheriff of the county in which the judgment was rendered and representatives from the media. At the request of the defendant, the superintendent shall allow no more than two members of the clergy designated by the defendant to be present at the execution. At the discretion of the superintendent, no more than five friends and relatives designated by the defendant may be present at the execution. The superintendent shall allow the presence of any peace officers as the superintendent thinks expedient.
(2) The person who administers the lethal injection under subsection (1) of this section shall not thereby be considered to be engaged in the practice of medicine.
(3)(a) Any wholesale distributor drug outlet, as defined in ORS 689.005, registered with the State Board of Pharmacy under ORS 689.305 may provide the lethal substance or substances described in subsection (1) of this section upon written order of the Director of the Department of Corrections, accompanied by a certified copy of the judgment of the court imposing the punishment.
(b) For purposes of ORS 689.527 (7) the director shall be considered authorized to purchase the lethal substance or substances described in subsection (1) of this section.
(c) The lethal substance or substances described in subsection (1) of this section are not controlled substances when purchased, possessed or used for purposes of this section.
(4) The superintendent may require that persons who are present at the execution under subsection (1) of this section view the initial execution procedures, prior to the point of the administration of the lethal injection, by means of a simultaneous closed-circuit television transmission under the direction and control of the superintendent. [1985 c.3 §7; 1987 c.320 §38; 1993 c.137 §1; 2001 c.104 §46; 2001 c.213 §1; 2003 c.103 §4; 2005 c.471 §9; 2014 c.45 §24; 2023 c.93 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.476 - Assistance by licensed health care professional or nonlicensed medically trained person.

(1) Notwithstanding any other law, a licensed health care professional or a nonlicensed medically trained person may assist the Department of Corrections in an execution carried out under ORS 137.473.
(2) Any assistance rendered in an execution carried out under ORS 137.473 by a licensed health care professional or a nonlicensed medically trained person is not cause for disciplinary measures or regulatory oversight by any board, commission or agency created by this state or governed by state law that oversees or regulates the practice of health care professionals including, but not limited to, the Oregon Medical Board, the Oregon State Board of Nursing and the Oregon Health Authority.
(3) The infliction of the punishment of death by the administration of the required lethal substances in the manner required by ORS 137.473 may not be construed to be the practice of medicine.
(4) As used in this section, "licensed health care professional" includes, but is not limited to, a physician, physician assistant, nurse practitioner or nurse licensed by the Oregon Medical Board or the Oregon State Board of Nursing or an emergency medical services provider licensed by the Oregon Health Authority. [1999 c.1055 §9; 2011 c.703 §25]
Note:
See note under 137.464.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.478 - Return of death warrant after execution of sentence of death.

Not later than 30 days after the execution of a sentence of death under ORS 137.473, the superintendent of the correctional institution where the sentence was executed shall return the death warrant to the clerk of the trial court from which the warrant was issued with the superintendent’s return on the death warrant showing the time, place and manner in which the death warrant was executed. [1999 c.1055 §10]
Note:
See note under 137.464.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.482 - Service of documents on defendant.

A copy of any document filed in any of the following proceedings shall be served personally on the defendant, even if the defendant is represented by counsel, by providing the copy to the custodian of the defendant, who shall ensure that the copy is provided promptly to the defendant:
(1) A death warrant hearing under ORS 137.463.
(2) A proceeding in which a person other than the defendant seeks to stay execution of the defendant’s sentence of death.
(3) A petition for post-conviction relief filed under ORS 138.510 (2). [1999 c.1055 §16]
Note:
See note under 137.464.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.520 - Power of committing magistrate to parole and grant temporary release to persons confined in county jail; authority of sheriff to release persons confined in county jail; disposition of work release earnings.

(1) The committing magistrate, having sentenced a defendant to confinement in a county jail for a period of up to one year, or as provided by rules adopted by the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989, may parole the defendant outside the county jail subject to condition and subject to being taken back into confinement upon the breach of such condition. When a court paroles a defendant under this subsection and the defendant is serving a sentence or sanction imposed under ORS 423.478 (2)(d) or (e), the court may order the local supervisory authority to supervise the defendant. The committing magistrate may also authorize, limit or prohibit the release of a sentenced defendant upon pass, furlough, leave, work or educational release.
(2) The committing magistrate, having sentenced a defendant to probation and having confined the defendant as a condition of that probation in a county jail for a period up to one year, or having imposed a sentence of probation with confinement in the county jail in accordance with rules adopted by the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989, may authorize, limit or prohibit the release of such person upon pass, furlough, leave, work or educational release.
(3) The sheriff of a county in which a defendant is confined in the county jail by sentence or as a condition of probation may allow the release of the defendant upon pass, furlough, leave, work or educational release unless otherwise ordered by the committing magistrate.
(4) A defendant confined in a county jail and placed upon educational release or upon work release shall, during the hours in which not so engaged or employed, be confined in the county jail unless the court by order otherwise directs or unless the sheriff otherwise directs in the absence of a contrary order by the court. The defendant’s net earnings shall be paid to the sheriff, who shall deduct therefrom and pay such sums as may be ordered by the court for the defendant’s board, restitution, fine, support of dependents and necessary personal expense. Any balance remaining shall be retained by the sheriff until the defendant’s discharge from custody, whereupon the balance shall be paid to the defendant. [Amended by 1959 c.345 §1; 1973 c.836 §270; 1981 c.568 §1; 1989 c.790 §15; 1993 c.14 §8; 1999 c.661 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.523 - Custody of person sentenced to confinement as condition of probation.

For felonies committed on or after November 1, 1989:
(1) When the judge sentences the defendant to confinement in a county jail as a condition of probation, the judge shall sentence the defendant directly to the custody of the sheriff or the supervisory authority, as defined in rules of the Oregon Criminal Justice Commission, with jurisdiction over the county jail.
(2) When the judge recommends a custodial facility or program other than jail as a condition of probation, the judge shall sentence the defendant directly to the custody of the supervisory authority, as defined in rules of the Oregon Criminal Justice Commission, with jurisdiction over the facility or program. Before imposing such a sentence, the judge must determine from the supervisory authority that space is available in the facility or program and that the defendant meets the eligibility criteria established for the facility or program.
(3) A record of the time served by the defendant in custody under community supervision during probation shall be maintained as provided by rules adopted by the Oregon Criminal Justice Commission. [1989 c.790 §18]
Note:
137.523 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 137.525 - Probation for person convicted of crime described in ORS 163.305 to 163.467; examination; report; written consent of convicted person.

(1) If a person pleads guilty or no contest to, or is found guilty of, a crime described in ORS 163.305 to 163.467, and if the court contemplates sentencing the person to probation, the court, before entering judgment, may order that the person undergo an examination by a psychiatrist or other physician found qualified and appointed by the court to determine whether available medical treatment would be likely to reduce such biological, emotional or psychological impulses, including any paraphilia, which may be the cause of the criminal conduct and, if so, whether the person is a suitable candidate medically for such treatment. Such medical treatments may include the taking of prescribed medication.
(2) If the examining psychiatrist or other physician reports that available medical treatment would be likely to reduce the biological, emotional or psychological impulses that were a probable cause of the criminal conduct, and that the person is a suitable candidate medically for such treatment, the court may include as a condition of probation that the person participate in a prescribed program of medicine and accept medical treatment at the person’s own expense under the care of the psychiatrist or other physician appointed by the court and that the person faithfully participate in the prescribed program of medical treatment during the course of the probation.
(3) A sentence of probation under this section shall not be imposed except upon the written consent of the convicted person. Probation under this section may be revoked upon any failure of the convicted person to cooperate in the treatment program, including, but not limited to, any failure to meet with the treating physician as directed by the physician or to take medication or otherwise to participate in the prescribed program of medical treatment during the course of the probation. [1987 c.908 §3; 1993 c.14 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.530 - Investigation and report of parole and probation officers; statement of victim.

(1) Parole and probation officers, when directed by the court, shall fully investigate and report to the court in writing on the circumstances of the offense, criminal record, social history and present condition and environment of any defendant. Unless the court directs otherwise in individual cases, a defendant may not be sentenced to probation until the report of the investigation has been presented to and considered by the court.
(2) Whenever a presentence report is made, the preparer of the report shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant’s offense upon the victim. If the victim is under 18 years of age, the preparer shall obtain the consent of the victim’s parent or guardian before contacting the victim. The preparer of the report shall include the statement of the victim in the presentence investigation report. If the preparer is unable to contact the victim or if the victim declines to make a statement, the preparer shall report that the preparer was unable to contact the victim after making reasonable efforts to do so, or, if contact was made with the victim, that the victim declined to make a statement for purposes of this section. Before taking a statement from the victim, the preparer of the report shall inform the victim that the statement will be made available to the defendant and the defendant’s attorney prior to sentencing as required under ORS 137.079.
(3) Whenever desirable, and facilities exist for conducting physical and mental examinations, the investigation shall include physical and mental examinations of such defendants.
(4) As used in this section, "victim" means the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent. [Amended by 1983 c.723 §1; 1993 c.14 §10; 1993 c.294 §4; 2005 c.264 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.533 - Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation.

(1) Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230, the court may defer further proceedings and place the person on probation, upon motion of the district attorney and without entering a judgment of guilt, if the person:
(a) Consents to the disposition;
(b) Has not previously been convicted of any offense in any jurisdiction;
(c) Has not been placed on probation under ORS 137.532 or 475.245;
(d) Has not completed a diversion under ORS 135.881 to 135.901; and
(e) Agrees to pay a fee equal to $100. The person must pay the amount within 90 days of imposition unless the court allows payment at a later time.
(2) A district attorney may submit a motion under subsection (1) of this section if, after considering the factors listed in subsection (3) of this section, the district attorney finds that disposition under this section would be in the interests of justice and of benefit to the person and the community.
(3) In determining whether disposition under this section is in the interests of justice and of benefit to the person and the community, the district attorney shall consider at least the following factors:
(a) The nature of the offense. However, the offense must not have involved injury to another person.
(b) Any special characteristics or difficulties of the person.
(c) Whether there is a probability that the person will cooperate with and benefit from alternative treatment.
(d) Whether an available program is appropriate to the needs of the person.
(e) The impact of the disposition upon the community.
(f) Recommendations, if any, of the involved law enforcement agency.
(g) Recommendations, if any, of the victim.
(h) Provisions for restitution.
(i) Any mitigating circumstances.
(4) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon the person’s fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. A discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may be discharged and have proceedings dismissed only once under this section.
(5) Subsections (1) to (4) of this section do not affect any domestic violence sentencing programs. [1999 c.819 §§1,2; 2011 c.597 §124; 2021 c.330 §2]
Note:
137.533 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 137.542 - Probation conditions related to medical use of cannabis.

(1) As used in this section, "cannabinoid concentrate," "cannabinoid extract," "medical cannabinoid product," "registry identification card" and "usable marijuana" have the meanings given those terms in ORS 475C.777.
(2) Notwithstanding ORS 137.540, if a person who holds a registry identification card is sentenced to probation, supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the court would impose supervision conditions related to prescription drugs. [2016 c.24 §51; 2019 c.292 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.547 - Consolidation of probation violation proceedings; rules.

(1) Notwithstanding any other provision of law, the Chief Justice of the Supreme Court may make rules or issue orders under ORS 1.002 to establish procedures for the consolidation of probation violation proceedings pending against a probationer in multiple circuit courts.
(2) Rules made or orders issued under this section:
(a) Shall require the consent of the probationer to a consolidated probation violation proceeding and written waivers by the probationer as determined necessary or fair.
(b) Shall require the approval of the judge of any responding court, the initiating court and any appropriate court being considered for a consolidated probation violation proceeding.
(c) Shall require the approval of the district attorney of the county for any responding court, the initiating court and any court being considered as an appropriate court. [1999 c.614 §1; 2005 c.264 §5; 2013 c.155 §1]
Note:
137.547 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 137.550

[Amended by 1955 c.688 §2; 1965 c.346 §2; 1971 c.743 §326; 1987 c.908 §1; 1989 c.790 §17; 1991 c.196 §2; 1993 c.14 §12; 1993 c.581 §2; 1993 c.680 §17; 1997 c.313 §11; 1999 c.614 §2; renumbered 137.545 in 1999]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.551 - Revocation of probationary sentences; release dates; rules.

(1) The State Board of Parole and Post-Prison Supervision shall adopt rules to establish release dates for revocations of probationary sentences imposed for felonies committed before November 1, 1989.
(2) To the extent permissible under law, the release dates for revocation of probationary sentences imposed for felonies committed before November 1, 1989, shall be set consistent with sanctions for probation revocations as provided by rules of the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989. [1989 c.790 §18a]
Note:
137.551 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 137.553 - Use of citations for probation violations authorized.

(1) In addition to any authority granted under ORS 137.545, a court may authorize the use of citations to direct its probationers who violate conditions of probation to appear before the court. The following apply to the use of citations under this subsection:
(a) A court may authorize issuance of citations under this subsection only by officers who are permitted under ORS 137.545 to make an arrest without a warrant.
(b) Nothing in this subsection limits the authority, under ORS 137.545, of a parole and probation officer, police officer or other officer to arrest for violation of conditions of probation even if the officer is authorized under this section to issue a citation.
(c) A court may impose any conditions upon an authorization under this subsection that the court considers appropriate. The conditions may include, but are not limited to, requirements that citation authority be sought on a case-by-case basis, provision for citation in all cases that meet certain conditions, allowance of citation for certain types of cases or designation of certain cases where citations shall not be used.
(2) The cited probationer shall appear before the court at the time, date and court specified in the citation. If the probationer fails to appear at the time, date and court specified in the citation, the court may issue a warrant of arrest, upon the request of the supervisor of probation, or upon request of the district attorney, or upon the court’s own motion. [1987 c.761 §2; 2005 c.264 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.557 - Citation; procedure; contents.

(1) If a citation is issued under ORS 137.553, the officer who issues the citation shall serve one copy of the citation to the probationer who is cited to appear and shall, as soon as practicable, file a duplicate copy with the court in which the probationer is cited to appear, along with proof of service.
(2) Each copy of the citation issued under ORS 137.553 shall contain:
(a) The name of the court at which the cited probationer is to appear.
(b) The name of the probationer cited.
(c) A brief description of the asserted probation violation, the date, the time and the place at which the violation occurred, the date on which the citation was issued and the name of the officer who issued the citation.
(d) The time, date and place at which the cited probationer is to appear in court.
(e) A notice to the effect that:
(A) The citation is not itself a motion to revoke probation, but that such a motion will be filed and a copy provided to the probationer when the probationer appears at court;
(B) The probationer must appear in court at the time set in the citation; and
(C) If the probationer fails to appear as directed, the court may immediately issue a warrant for the probationer’s arrest or the probationer may immediately be taken into custody by the officer responsible for supervising the probation. [1987 c.761 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.560 - Copies of certain judgments to be sent to Department of Corrections.

Within 10 days following the issuing of any judgment of suspension of imposition or execution of sentence or of probation of any person convicted of a crime, or of the continuation, extension, modification or revocation of any such judgment, or of the discharge of such person, or the recommendation by the court to the Governor of the pardon of such person, provided such person is under the jurisdiction of the Department of Corrections, the court issuing such a judgment shall cause prompt delivery of a copy of the same to the Director of the Department of Corrections. [Amended by 1973 c.836 §271; 1979 c.75 §1; 1987 c.320 §39; 1991 c.111 §16; 1993 c.18 §23]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.570 - Authority to transfer probationer from one agency to another; procedure.

A court may transfer a person on probation under its jurisdiction from the supervision of one probation agency to that of another probation agency. Whenever a person sentenced to probation resides in or is to remove to a locality outside the jurisdiction of the court that sentenced the person to probation, the court may transfer the person to a parole and probation officer appointed to serve for the locality in which the person resides or to which the person is to remove:
(1) If the parole and probation officer sends to the court desiring to make such transfer a written statement that the parole and probation officer will exercise supervision over the person.
(2) If the statement is approved in writing by the judge of the court to which the parole and probation officer is attached. [Amended by 1973 c.836 §272; 1993 c.14 §13; 2005 c.264 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.580 - Effect of transfer of probationer from one agency to another.

Whenever the transfer mentioned in ORS 137.570 is made, the court making it shall send to the probation agency to whose supervision the probationer is transferred a copy of all the records of the court as to the offense, criminal record and social history of the probationer. The probation agency shall report concerning the conduct and progress of the probationer to the court that sentenced the probationer to probation. Parole and probation officers or agencies shall have, with respect to persons transferred to their supervision from any other jurisdiction, all the powers and be subject to all the duties now imposed by law upon them in regard to probationers received on probation from courts in their own jurisdiction. [Amended by 1973 c.836 §273; 1993 c.14 §14; 2005 c.264 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.590 - Appointment of parole and probation officers and assistants; chief parole and probation officer.

The judge or judges of any court of criminal jurisdiction, including municipal courts, may appoint, with the prior approval of the governing body of the county or city involved, and at pleasure remove, parole and probation officers and clerical assistants that may be necessary. Parole and probation officers appointed by the court shall be selected because of definite qualifications as to character, personality, ability and training. In courts where more than one parole and probation officer is appointed, one shall be designated chief parole and probation officer and shall have general supervision of the probation work of parole and probation officers appointed by and under the direction of the court. Appointments shall be in writing and entered on the records of the court. Parole and probation officers and clerical assistants appointed under this section are not state officers or employees, and their compensation and expenses shall not be paid by the state. [Amended by 1971 c.633 §12; 1973 c.836 §274; 1981 s.s. c.3 §38; 2005 c.264 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.592 - Policy regarding probation violations.

The Legislative Assembly finds that:
(1) To protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments.
(2) Decisions to incarcerate offenders in state prisons for violation of the conditions of probation must be made upon a reasonably systematic basis that will insure that available prison space is used to house those offenders who constitute a serious threat to the public, taking into consideration the availability of both prison space and local resources. [1993 c.680 §8]
Note:
137.592 to 137.599 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 137.593 - Duty of corrections agencies to impose structured, intermediate sanctions for probation violations.

(1) Except as otherwise provided in subsection (2) of this section, when a court suspends the imposition or execution of sentence and places a defendant on probation, or sentences a defendant to probation under the rules of the Oregon Criminal Justice Commission and orders a defendant placed under the supervision of the Department of Corrections or a county community corrections agency, the Department of Corrections or the county community corrections agency shall impose structured, intermediate sanctions for the violation of conditions of probation in accordance with rules adopted under ORS 137.595. Under no circumstances may the Department of Corrections or a county community corrections agency revoke probation.
(2) Notwithstanding ORS 137.124 and 423.478 and any other provision of law, the sentencing judge shall retain authority:
(a) To revoke probation and receive recommendations regarding revocation of probation from the supervising officer made in accordance with rules adopted under ORS 137.595;
(b) To determine whether conditions of probation have been violated and to impose sanctions for the violations if the court, at the time of sentencing, states on the record that the court is retaining such authority;
(c) To cause a probationer to be brought before the court for a hearing upon motion of the district attorney or the court’s own motion prior to the imposition of any structured, intermediate sanctions or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on the probationer pursuant to rules adopted under ORS 137.595 and to revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law; and
(d) To impose and require an offender to serve a period of incarceration not to exceed 180 days as a sanction for revocation of probation.
(3) In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595. [1993 c.680 §10; 1995 c.423 §9a]
Note:
See note under 137.592.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.596 - Probation violations; custodial sanctions; rules.

The Oregon Criminal Justice Commission shall amend its rules to increase the jail and nonjail custody units that can be imposed as custodial sanctions for probation violations under ORS 137.595. The commission shall base the amendments on the existing rule structure and may not increase existing sanction limits by more than 60 days. [2001 c.737 §1]
Note:
See note under 137.592.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.597 - Probationer may consent to imposition of sanctions.

Subject to rules adopted under ORS 137.595, after receiving written notification of rights, a probationer may waive in writing a probation violation hearing, admit or not contest the violations alleged in the probation violation report and consent to the imposition of structured, intermediate sanctions by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595. [1993 c.680 §12]
Note:
See note under 137.592.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.599 - Hearing prior to, or after, imposition of sanctions.

Prior to the imposition of any structured, intermediate sanction or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on a probationer pursuant to rules adopted under ORS 137.595, the court, upon motion of the district attorney or on its own motion, may cause the probationer to be brought before the court for a hearing, and may revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law. In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595. [1993 c.680 §13]
Note:
See note under 137.592.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.610 - Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge.

The judge or judges of any court of criminal jurisdiction, including municipal courts, may request at any time the staff of the Department of Corrections to perform any of the duties that might be required of a parole and probation officer appointed by the court pursuant to ORS 137.590. All requests for services of the staff shall be made upon the Director of the Department of Corrections, who shall order the prompt performance of any such requested service whenever members of the staff are available for such duty. [Amended by 1969 c.597 §126; 1987 c.320 §40; 2005 c.264 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.620 - Powers of parole and probation officers; oath of office; bond; audit of accounts.

(1) As used in this section, "parole and probation officer" has the meaning given that term in ORS 181A.355.
(2) Parole and probation officers of the Department of Corrections or a county community corrections agency and those appointed by the court have the powers of peace officers in the execution of their duties, but are not active members of the regular police force. Each parole and probation officer appointed by the court, before entering on the duties of office, shall take an oath of office. Each parole and probation officer who collects or has custody of money shall execute a bond in a penal sum to be fixed by the court, with sufficient sureties approved thereby, conditioned for the honest accounting of all money received by the parole and probation officer as a parole and probation officer. The accounts of all parole and probation officers are subject to audit at any time by the proper fiscal authorities. [Amended by 1973 c.836 §275; 1987 c.320 §41; 2005 c.264 §1]