reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 20 - STATEMENT OF INTEREST › Section 199-020-0023 - Guidelines for Compliance with ORS 244.060

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of this rule is to define certain terms and to clarify substantive
			 provisions of ORS
			 244.060,
			 as to what must be reported on one's Annual Verified Statement of Economic
			 Interest (SEI).
(2) The term "total
			 annual household income" as used in ORS
			 244.060(3)
			 means the collective income of all members of the public official's household
			 for the prior calendar year, but excluding the income of any household member
			 under age 18.
(3) ORS
			 244.260(4)
			 requires that, other than one's principal residence, which is exempted from
			 reporting, SEI filers must report real property in which they have a beneficial
			 financial interest if the real property is located within the geographic
			 boundaries of the governmental agency of which the SEI filer holds, or if
			 elected would hold, an official position or over which the SEI filer exercises
			 or if elected would exercise, any authority. The following examples illustrate
			 reportable property and non-reportable property:
(a) An elected city councilor owns two rental
			 properties, one within the city limits and one outside the city limits. He must
			 only report the rental property within the city limits.
(b) An elected member of the Legislative
			 Assembly and her relative own a vacation home in the state that is outside the
			 district she was elected to represent. The legislator must report the vacation
			 home because it is within the state, and as a legislator, she exercises
			 authority to legislate for the entire State, not just the district that elected
			 her.
(c) An elected County
			 Commissioner has a beneficial financial interest in commercial real estate
			 located outside the County and she need not report that property.
(d) A candidate for Secretary of State owns
			 an undeveloped parcel of land in the state and must report it because if
			 elected, she would exercise authority over the entire state.
(e) A member of the Board of Trustees for a
			 public university located in City X owns an office building in a different city
			 within the state, as well as other property located in California. The Trustee
			 must report the commercial building she owns within the state because the
			 public university's geographic boundaries are the entire state and not the just
			 the university campus or the city in which the university is located. The
			 Trustee need not report her property located in California.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 40 - EXECUTIVE SESSION › Section 199-040-0015 - Commencement and Adjournment of an Executive Session

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to clarify when an executive
				session begins and ends.
(1) An
			 executive session is a meeting or part of a meeting of a governing body which
			 is closed to certain persons for deliberations on certain matters. Governing
			 bodies must deliberate in meetings open to the public unless the governing body
			 has publicly identified the statutory authorization in ORS
			 192.660 or other lawful basis for closing the meeting to certain persons.
(2) The public announcement of the statutory
			 authorization or other lawful basis for the executive session must be made
			 prior to entering the executive session. If an executive session only will be
			 held, or if the executive session precedes a meeting open to the public, the
			 announcement must be made in a properly issued meeting notice. If an executive
			 session is held in conjunction with a regular, special or emergency meeting of
			 the governing body, the announcement must be made during the portion of the
			 meeting that is open to the public.
(3) An executive session ends when the
			 meeting ceases to be closed to the public. If a public meeting will be held
			 again after the executive session, the governing body must use reasonable means
			 to give actual notice to interested persons that the meeting is again a public
			 meeting.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  192.660
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 40 - EXECUTIVE SESSION › Section 199-040-0020 - Permitted and Prohibited Topics for Executive Session

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of this rule is to clarify that an executive session may only be
			 held when permitted by a specific provision of ORS
			 192.660 or other state law authorizing an executive session. The topic(s) discussed in
			 an executive session must be limited to those topics expressly permitted by the
			 specific provision(s) under which the executive session was convened. Members
			 of governing bodies may not discuss topics in executive session other than
			 those delineated in ORS
			 192.660 or other state law permitting an executive session, even if the additional
			 topics are related to the issue concerning which the governing body convened
			 the executive session.
(2) Each
			 prerequisite and requirement of the specific provision of ORS
			 192.660 must be met before an executive session may be convened under that
			 provision.
(3) Compensation,
			 including salaries and benefits, must not be discussed or negotiated during an
			 executive session under ORS
			 192.660(2)(a),
			 (b) or (i).
Example: City A interviews candidates for the position of city
				manager in an executive session held under ORS
				192.660(2)(a).
				The governing body wishes to discuss non-salary compensation with the
				candidates, including access to a city vehicle and membership in a professional
				organization. This is not a topic permitted in executive session.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  192.660
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 40 - EXECUTIVE SESSION › Section 199-040-0025 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to clarify
			 procedures regarding the opening of one or more preliminary reviews based on a
			 complaint of violations of ORS
			 192.660 made against member(s) of a governing body.
(2) Attendance at any executive session by a
			 member of the governing body will be considered participation in the executive
			 session.
(3) When the Director
			 makes a determination to open a preliminary review based on a complaint
			 alleging violations of ORS
			 192.660 by one or more members of a governing body, the Director will open preliminary
			 reviews on each member of the governing body who the Director has reason to
			 believe participated in the executive session at issue, even if all of the
			 participating members of the governing body are not named or identified in the
			 original complaint. Any preliminary reviews against members of the governing
			 body not named or identified in the original complaint will be opened as soon
			 as practicable based on available information. If the Director receives
			 subsequent information that names or identifies additional members of the
			 governing body who participated in the executive session at issue, preliminary
			 reviews will be opened on them as soon as practicable.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  192.660
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 40 - EXECUTIVE SESSION › Section 199-040-0027 - Employment of a Public Officer, Employee, Staff Member or Individual Agent under ORS 192.660(2)(a) and Compliance with ORS 192.660(7)(d)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to provide
			 guidance to a governing body when the governing body holds an executive session
			 permitted by ORS
			 192.660(2)(a):
			 "To consider the employment of a public officer, employee, staff member or
			 individual agent." Only consideration of an initial employment is permissible
			 under this section. ORS
			 192.660(2)(a)
			 does not authorize discussion of other employment actions such as performance
			 evaluation, complaints, discipline, termination, or extension of an employment
			 contract.
(2) Before a governing
			 body convenes an executive session to consider initial employment of a chief
			 executive officer, public officer, employee or staff member under ORS
			 192.660(2)(a),
			 the governing body must fulfill the prerequisites listed in ORS
			 192.660(7)(d).
			 ORS
			 192.660(7)(d)
			 requires that the public body:
(a) Advertise
			 the vacancy;
(b) Adopt regular
			 hiring procedures;
(c) In the case
			 of an officer, offer the public an opportunity to comment on the employment of
			 the officer; and
(d) In the case of
			 a chief executive officer, the governing body must have adopted hiring
			 standards, criteria and policy directives in meetings open to the public in
			 which the public has had the opportunity to comment on the standards, criteria
			 and policy directives.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 40 - EXECUTIVE SESSION › Section 199-040-0030 - Notice to Public Official under ORS 192.660(2)(b) or (i)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to afford to the chief executive
			 officer of any public body, a public officer, employee, staff member or
			 individual agent the opportunity to request an open hearing under ORS
			 192.660(2)(b) or
			 (i), the public official must receive written
			 notice of the meeting no less than one business day or 24 hours, whichever is
			 greater, in advance of the meeting.
(2) At a minimum, the written notice shall
			 include:
(a) Identification of the governing
			 body before which the matter will be considered;
(b) The time, date and location of the
			 meeting;
(c) The purpose for which
			 the governing body proposes to convene the executive session, including the
			 citation to the applicable section of ORS
			 192.660 and the fact that the
			 governing body will be considering the dismissal or disciplining of, hearing
			 complaints or charges against, or reviewing and evaluating the performance of
			 the public official receiving the notice;
(d) Information on how the public official
			 may make a request for an open hearing.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 40 - EXECUTIVE SESSION › Section 199-040-0050 - Consultation with Legal Counsel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to provide
			 guidance to governing bodies when the governing body holds an executive session
			 permitted by ORS 192.660(2)(h):
			 "To consult with counsel concerning the legal rights and duties of a public
			 body with regard to current litigation or litigation likely to be
			 filed."
(2) In order to meet the
			 requirements for an executive session permitted by ORS
			 192.660(2)(h),
			 the attorney with whom the governing body is consulting must be present at the
			 executive session, either in person or by telephone or by other concurrent
			 means of oral or video electronic communication.
Stat. Auth.: ORS
				  244.290
Stat. Implemented: ORS
				  192.660(2)(h)
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 1 - PROCEDURAL RULES › Section 213-001-0000 - Notice Rule for Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any permanent
				rule, the chairperson of the Criminal Justice Commission or designee shall give
				notice of the proposed action:
(1) In
			 the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date of the proposed rule.
(2) By furnishing a copy of the notice to
			 persons on the Criminal Justice Commission mailing list established pursuant to
			 ORS 183.335(7) at
			 least 28 days prior to the effective date of the proposed rule.
(3) By furnishing a copy of the notice to the
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days prior to the effective date of the proposed rule.
(4) By furnishing a copy of the notice at
			 least 28 days prior to the effective date of the proposed rule to:
(a) Associated Press;
(b) The Oregonian, Portland,
			 Oregon;
(c) East Oregonian,
			 Pendleton, Oregon;
(d) Statesman
			 Journal, Salem, Oregon;
(e) Medford
			 Mail Tribune, Medford, Oregon;
(f)
			 The Register Guard, Eugene, Oregon;
(g) The Bulletin, Bend, Oregon;
(h) Oregon State Bar Bulletin;
(i) Chief Justice, Oregon Supreme
			 Court;
(j) Chief Judge, Oregon
			 Court of Appeals;
(k) Oregon
			 Circuit Judges Association;
(l)
			 Office of the Attorney General;
(m)
			 State Court Administrator;
(n)
			 American Civil Liberties Union;
(o)
			 Association of Oregon Counties;
(p)
			 Crime Victims United;
(q) Oregon
			 Association Chiefs of Police;
(r)
			 Oregon Community Corrections Directors Association;
(s) Oregon Criminal Defense Lawyers
			 Association;
(t) Oregon District
			 Attorneys Association;
(u) Oregon
			 State Sheriffs Association;
(v)
			 Office of Public Defense Services;
(w) Rules Coordinator, Department of
			 Corrections;
(x) Association of
			 Municipal Court Judges;
(y)
			 Justices of the Peace Association; and
(z) Board of Parole and Post-Prison
			 Supervision.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 1 - PROCEDURAL RULES › Section 213-001-0005 - Rulemaking Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All new and
			 revised rules will be adopted in accordance with the provisions of ORS Chapter
			 183 and the Model Rules of Procedure adopted by the Oregon Attorney
			 General.
(2) Amendments to the
			 following divisions take effect on January 1, 2004: OAR 213-001-0000  and 0005;
			 213-003-0001(14), (15), (16); 213-005-0001, 0004, and 0007; 213-011-0003;
			 213-017-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, and 0011,
			 and 213-018-0038, 0050, and 0090; and 213-019-0007, 0008, 0010, 0011, 0012, and
			 0015.
(3) Adoption of rules OAR
			 213-018-0047  and 0048 take effect on January 1, 2004.
Stat. Auth.: ORS
				  137.596,
				  137.667,
				  421.412,
				  475.986,
				  475.998,
				  811.707
Stats. Implemented: ORS
				  137.667 -
				  137.669; 2001 Oregon Laws
				  Chapters 147, 387, 502, 510, 615, 635, 696, 737, 804, 828, 857, 870, 884, 919,
				  and 926; and 2003 OL Ch. 383, 453, 464, 484, 543, 550, 577, 632, 633, 804,
				  815.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 1 - PROCEDURAL RULES › Section 213-001-0010 - Drug Court Grant Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For grants exceeding $10,000.00, CJC
			 shall use a written solicitation to obtain grant applications. For grants up to
			 and including $10,000.00, CJC may use alternate methods of selection.
(2) CJC may negotiate with an applicant to
			 clarify its application or to effect modifications that will make the
			 application acceptable or make the application more advantageous to
			 CJC.
(3) CJC shall award grant
			 funds to applicants based on criteria set forth in the solicitation. CJC, in
			 its sole discretion, shall determine the number of grants to be awarded. In
			 awarding grant funds, CJC may consider the merits of each solicitation, the
			 geographic distribution of awardees, and other factors determined to be
			 relevant by CJC.
(4) CJC may, in
			 its sole discretion, waive solicitation requirements or cancel any solicitation
			 in whole or in part if it deems such action to be in the best interests of the
			 Commission.
(5) CJC may amend a
			 grant awarded under this rule.
(6)
			 The provisions of this rule shall apply retroactively to January 1,
			 2006.
Stat. Auth.: ORS 136.656
Stats. Implemented: ORS
				  3.450 &
				  137.656
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0002 - Crime Seriousness Scale

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Crime Seriousness Scale consists of eleven categories of crimes. Each crime
			 category represents crimes of relatively equal seriousness. The complete Crime
			 Seriousness Scale is set forth in OAR 213-017-0000  through 0011.
(2) When the statutory definition of an
			 offense includes a broad range of criminal conduct, the offense may be
			 subclassified factually in more than one crime category to capture the full
			 range of criminal conduct covered by the statutory offense. The list of
			 subclassified offenses is set forth in OAR 213-018-0000  through 0090.
(3) Drug related offenses are separately
			 classified and subclassified. Those classifications are set forth in OAR
			 213-019-0000  through 0015.
Stat. Auth.: ORS
				  137.667 - ORS
				  137.669 & 2001 OL Ch. 510
				  (HB 2353) & 857 (HB 3035)
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669, 2001 OL Ch. 510 (HB
				  2353), 615 (HB 3661), 857 (HB 3035) & 870 (HB
				  2918)
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0003 - Aggravated Murder, Murder I, Murder II

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The offense of Aggravated Murder is not
			 ranked in the Crime Seriousness Scale because the sentence is set by statute as
			 death or mandatory life imprisonment (ORS
			 163.095-163.105).
(2) The offenses of Murder I and Murder II
			 are not ranked in the Crime Seriousness Scale because the sentences for those
			 offenses are set by statute.
Statutory/Other Authority: ORS
				  137.667
Statutes/Other Implemented: ORS
				  137.667  - 137.669 & SB 1013 (2019)
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0004 - Other Unranked Offenses

Current through Register Vol. 63, No. 7, July 1, 2024
Except for Aggravated Murder, Murder I, and Murder II, when a
				person is convicted of any other felony which is omitted from the Crime
				Seriousness Scale, the sentencing judge shall determine the appropriate crime
				category for the current crime of conviction and shall state on the record the
				reasons for the offense classification.
Statutory/Other Authority: ORS
				  137.667
Statutes/Other Implemented: ORS
				  137.667  - 137.669 & SB 1013 (2019)
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0005 - Attempts And Solicitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 conviction for an attempted crime shall be ranked on the Crime Seriousness
			 Scale at two crime categories below the appropriate category for the completed
			 crime. A sentence imposed for an attempted crime shall not exceed the maximum
			 sentence permitted for such criminal conduct under ORS
			 161.405.
(2) A conviction for soliciting a crime shall
			 be ranked on the Crime Seriousness Scale at two crime categories below the
			 appropriate category for the completed crime. A sentence imposed for a
			 solicitation offense shall not exceed the maximum sentence permitted by law for
			 such criminal conduct under ORS
			 161.435.
(3) A conviction for attempted Aggravated
			 Murder shall be ranked on the Crime Seriousness Scale at crime category
			 11.
(4) A conviction for attempted
			 Murder I shall be ranked on the Crime Seriousness Scale at crime category
			 10.
(5) A conviction for attempted
			 Murder II shall be ranked on the Crime Seriousness Scale at crime category
			 9.
(6) A conviction for an attempt
			 or solicitation of an offense ranked on the Crime Seriousness Scale at crime
			 category 1 or 2 shall be ranked at crime category 1.
Statutory/Other Authority: ORS
				  137.667
Statutes/Other Implemented: ORS
				  137.667  - 137.669 & SB 1013 (2019)
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0006 - Criminal History Scale

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Criminal History Scale includes nine mutually exclusive categories used to
			 classify an offender's criminal history according to the extent and nature of
			 the offender's criminal history at the time the current crime or crimes of
			 conviction is sentenced. The nine categories in the scale are labeled
			 alphabetically and are arranged in order of seriousness from the most serious
			 (Criminal History Category A) to the least serious (Criminal History Category
			 I).
(2) An offender's criminal
			 history is based upon the number of adult felony and Class A misdemeanor
			 convictions and juvenile adjudications in the offender's criminal history at
			 the time the current crime or crimes of conviction are sentenced. For crimes
			 committed on or after November 1, 1989 a conviction is considered to have
			 occurred upon the pronouncement of sentence in open court. For crimes committed
			 prior to November 1, 1989 a conviction is considered to have occurred upon
			 pronouncement in open court of a sentence, or upon the pronouncement in open
			 court of the suspended imposition of a sentence. Prior adult convictions or
			 juvenile adjudications which have been expunged shall not be considered when
			 classifying an offender's criminal history. Prior findings of "guilty except
			 for insanity" shall not be considered when classifying an offender's criminal
			 history.
(3) Whether a prior
			 offense should be classified as a misdemeanor conviction or a felony conviction
			 for criminal history purposes shall be determined by the classification of the
			 offense at the time of conviction as announced by the sentencing judge rather
			 than by the sentence imposed for the crime.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0007 - Criminal History Categories

Current through Register Vol. 63, No. 7, July 1, 2024
The criminal history categories in the Criminal History Scale
				are:
A -- The offender's criminal history includes three or more
				person felonies in any combination of adult convictions or juvenile
				adjudications.
B -- The offender's criminal history includes two person
				felonies in any combination of adult convictions or juvenile
				adjudications.
C -- The offender's criminal history includes one adult
				conviction or juvenile adjudication for a person felony; and one or more adult
				conviction or juvenile adjudication for a non-person felony.
D -- The offender's criminal history includes one adult
				conviction or juvenile adjudication for a person felony; but no adult
				conviction or juvenile adjudications for a non-person felony.
E -- The offender's criminal history includes four or more
				adult convictions for non-person felonies but no adult conviction or juvenile
				adjudication for a person felony.
F -- The offender's criminal history includes two or three
				adult convictions for non-person felonies but no adult conviction or juvenile
				adjudication for a person felony.
G -- The offender's criminal history includes four or more
				adult convictions for Class A misdemeanors; one adult conviction for a
				non-person felony; or three or more juvenile adjudications for non-person
				felonies, but no adult conviction or juvenile adjudication for a person
				felony.
H -- The offender's criminal history includes no adult felony
				conviction or juvenile adjudication for a person felony; no more than two
				juvenile adjudications for non-person felonies; and no more than three adult
				convictions for Class A misdemeanors.
I -- The offender's criminal history does not include any
				juvenile adjudication for a felony or any adult conviction for a felony or
				Class A misdemeanor.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0008 - Person Class A Adult Misdemeanor Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
Every two prior adult convictions of person Class A
				misdemeanors in the offender's criminal history shall be counted as one adult
				conviction of a person felony for criminal history purposes.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0009 - Prior ORS 813.010 (DUII) Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
In determining criminal history for a person convicted of a
				felony that has operation of a motor vehicle as an element, or of a felony that
				involved death, injury or property damage caused by the use of a motor
				vehicle:
(1) Every two prior
			 convictions for misdemeanor driving while under the influence of intoxicants or
			 comparable statutory offense or ordinance violation in the offender's criminal
			 history shall be counted as one conviction of felony driving under the
			 influence of intoxicants; and
(2)
			 Each felony conviction for driving while under the influence of intoxicants
			 shall be counted as a person felony and each misdemeanor conviction for driving
			 while under the influence of intoxicants shall be counted as a person Class A
			 misdemeanor.
Stat. Auth.: ORS
				  137.667 & 1999 OL Ch. 1049
				  (HB 2002)
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669& 1999 OL Ch. 1049
				  (HB 2002)
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0010 - Burglary I

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A prior
			 Burglary I (ORS 164.225) conviction for an
			 offense committed after the effective date of these rules shall be classified
			 for criminal history:
(a) As a prior person
			 felony if that prior conviction was classified as a Crime Category 9 or 8
			 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2));
			 and
(b) As a prior non-person
			 felony if that prior conviction was classified as a Crime Category 7 offense on
			 the Crime Seriousness Scale (OAR 213-018-0025(3)).
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0011 - Out-Of-State Adult Convictions And Juvenile Adjudications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An out-of-state adult conviction shall be
			 used to classify the offender's criminal history if the elements of the offense
			 would have constituted a felony or Class A misdemeanor under current Oregon
			 law.
(2) Out-of-state juvenile
			 adjudications shall be used to classify the offender's criminal history if the
			 elements of the offense would have constituted a felony under current Oregon
			 law if committed by an adult.
(3)
			 Out-of-state adult convictions and out-of-state juvenile adjudications
			 described in sections (1) and (2) of this rule shall be classified as person
			 felonies or person Class A misdemeanors if the elements of the offense would
			 have constituted an offense under Oregon law listed at OAR 213-003-0001(14)  OR
			 (15).
(4) Any adult conviction
			 arising from a federal or military tribunal shall be classified as a person
			 felony or person Class A misdemeanor if the elements of the offense would have
			 constituted an offense under Oregon law listed at OAR 213-003-0001(14) or
			 (15).
(5) Any adult conviction or
			 juvenile adjudication under a subsequently repealed statute shall be classified
			 as a person felony or person Class A misdemeanor if the elements of the offense
			 would have constituted an offense currently listed at OAR 213-003-0001(14) or
			 (15).
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 4 - THE SENTENCING GUIDELINES GRID › Section 213-004-0013 - Proof Of Criminal History

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 offender's criminal history shall be admitted in open court by the offender or
			 determined by a preponderance of the evidence at the sentencing hearing by the
			 sentencing judge.
(2) Except to the
			 extent disputed in accordance with section (3) of this rule, the summary of the
			 offender's criminal history prepared for the court by the state shall satisfy
			 the state's burden of proof as to an offender's criminal history.
(3) Upon receipt of the criminal history
			 summary prepared for the court by the district attorney, the offender shall
			 immediately notify the district attorney and the court with written notice of
			 any error in the proposed criminal history summary. Except to the extent any
			 disputed part is thereafter changed by agreement of the district attorney and
			 the defendant with the approval of the sentencing judge, the state shall have
			 the burden of producing further evidence to satisfy its burden of proof as to
			 any disputed part or parts of the criminal history and the sentencing judge
			 shall allow the state reasonable time to produce such evidence to establish the
			 disputed portion of the criminal history by a preponderance of the
			 evidence.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0001 - Place and Term of Incarceration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an offense is classified in a grid
			 block above the dispositional line, the presumptive sentence shall be a term of
			 imprisonment within the durational range of months stated in the grid block.
			 The sentencing judge should select the center of the range in the usual case
			 and reserve the upper and lower limits for aggravating and mitigating factors
			 insufficient to warrant a departure.
(2) Terms of incarceration 12 months or less
			 shall be served at the direction of the supervisory authority. Terms of
			 incarceration greater than 12 months shall be served in the legal and physical
			 custody of the Department.
(3)
			 Notwithstanding the term of imprisonment imposed by the sentencing court, and
			 as authorized by the court pursuant to ORS
			 137.750 for crimes committed on
			 or after December 5, 1996, an offender who enters and successfully completes a
			 special alternative incarceration program, in accordance with the rules and
			 procedures adopted by the Department of Corrections pursuant to ORS
			 421.500 et. seq., may be
			 released early to serve the term of post-prison supervision imposed as part of
			 the original sentence.
(4)
			 Notwithstanding section (2) of this rule:
(a)
			 Terms of incarceration 12 months or less imposed pursuant to ORS
			 166.070(2)
			 shall be served in the legal and physical custody of the Department;
			 and
(b) Offenders sentenced under
			 2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration of 90
			 days, without reduction for any reason.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0002 - Term of Post-Prison Community Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A term of community supervision is part
			 of the sentence for any felony offender who is sentenced to the legal and
			 physical custody of the Department or to the supervisory authority. This term
			 of community supervision shall be described as post-prison supervision.
			 Departures on the duration of post-prison supervision shall not be
			 allowed.
(2) The duration of
			 post-prison supervision shall be determined by the crime seriousness category
			 of the most serious current crime of conviction:
(a) One year for Crime Categories 1-3, two
			 years for Crime Categories 4-6 and three years for Crime Categories
			 7-11.
(b) Notwithstanding section
			 (2)(a) of this rule, the following periods of post-prison supervision shall
			 apply:
(A) For an offender convicted of
			 murder or aggravated murder the period shall be as established in OAR
			 213-005-0004.
(B) For an offender
			 sentenced as a sexually violent dangerous offender the period shall be as
			 established in OAR 213-005-0004.
(C) The duration of the term of post-prison
			 supervision as designated in ORS
			 144.103.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0003 - Supervisory Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
When a term of post-prison supervision is imposed as part of a
				sentence, the offender shall serve the term of supervision in the community
				under the supervision of the Department of Corrections or a corrections agency
				designated by the Department.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0004 - Post-Prison Supervision for Murder, Aggravated Murder or as a Sexually Violent Dangerous Offender

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The term of
			 post-prison supervision for an offender serving a sentence for murder or
			 aggravated murder shall be for the remainder of the offender's life, unless the
			 Board finds a shorter term appropriate. In no case shall the term of
			 supervision be less than three years.
(2) The limit on sanctions for post-prison
			 supervision violations provided in OAR 213-011-0004(3)  shall not apply to
			 offenders on post-prison supervision as provided by this rule.
(3) The term of post-prison supervision for
			 an offender found by the sentencing court to be a sexually violent dangerous
			 offender pursuant to ORS
			 137.765 shall be for the
			 remainder of the offender's life.
(4) The limit on sanctions for post-prison
			 supervision violations provided in OAR 213-011-0004(3)  shall not apply to
			 offenders on post-prison supervision as provided by section (3) of this
			 rule.
(5) Offenders on post-prison
			 supervision as provided by section (3) of this rule may be incarcerated up to
			 180 days for any violation of post-prison supervision. The sanction may be
			 imposed repeatedly during the term of the post-prison supervision for
			 subsequent post-prison supervision violations. The Board or supervisory
			 authority may impose only a single sanction for all violations known to the
			 Board or supervisory authority as of the date that the sanction is
			 imposed.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 -
				  137.669,
				  137.765
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0005 - Judgment of Conviction

Current through Register Vol. 63, No. 7, July 1, 2024
Each judgment of conviction for an offense committed on or
				after the effective date of these rules shall state the length of incarceration
				and the length of post-prison supervision. The judgment of conviction shall
				also expressly provide that if the offender violates the conditions of
				post-prison supervision, the offender shall be subject to sanctions imposed by
				the supervisory agent or additional incarceration imposed by the Board in
				accordance with these rules.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0006 - Optional Probationary Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an offense is classified in grid
			 blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional
			 probationary sentence upon making the specific findings on the record:
(a) An appropriate treatment program is
			 likely to be more effective than the presumptive prison term in reducing the
			 risk of offender recidivism;
(b)
			 The recommended treatment program is available and the offender can be admitted
			 to it within a reasonable period of time; and
(c) The probationary sentence will serve
			 community interests by promoting offender reformation.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0007 - Presumptive Probation Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided by OAR 213-009-0001, or otherwise established by ORS
			 137.717 or
			 137.719, if the offense is
			 classified in a grid block below the dispositional line, the presumptive
			 sentence shall be:
(a) A term of probation
			 which may include custody and conditions of supervision; or
(b) Straight jail subject to the limits in
			 OAR 213-005-0013.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0008 - Duration of Probation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 presumptive duration of probation shall be determined by the crime seriousness
			 category of the most serious current crime of conviction:
(a) Eighteen months for Crime Categories 1 -
			 2;
(b) Two years for Crime
			 Categories 3 - 5;
(c) Three years
			 for Crime Categories 6 - 8; and
(d)
			 Five years for Crime Categories 9 - 11.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0009 - Non-Presumptive Probationary Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
If the sentencing judge imposes a probationary sentence as a
				dispositional departure or as an optional probationary sentence, the duration
				of probation shall be as provided by OAR 213-005-0008.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0010 - Modification of Probationary Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A sentencing judge may shorten or
			 terminate a probationary sentence or transfer supervision to bench probation
			 upon a finding that supervision is no longer necessary to accomplish the
			 purposes of the imposed sentence.
(2) Modification of a probationary sentence
			 which results in shortening the term, termination, or transfer to bench
			 probation shall not require a hearing.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0011 - Sanction Units

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When imposing a
			 probationary sentence, the sentencing judge may require that the offender serve
			 a term of custody supervision in a correctional facility or as part of a
			 custody program. The term of custody supervision shall be imposed as a number
			 of sanction units. Sanction units not used to set an initial term of custody
			 are automatically reserved for use as sanctions for probation violations or to
			 insure the purposes of probation are being served.
(2) The number of sanction units that may be
			 imposed as part of a presumptive probationary sentence shall be determined by
			 the grid block classification of the offense:
(a) Up to 90 sanction units for offenses
			 classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and
			 3-I;
(b) Up to 120 sanction units
			 for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and
			 5-G through 5-I; and
(c) Up to 180
			 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and
			 7-F through 7-I.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0012 - Custodial Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 sanction units imposed as part of a probationary sentence shall be used to set
			 a term of custodial supervision in a correctional facility or as part of a
			 custody program. Credit for sanction units shall only be granted for time
			 actually served. Good time credits, work time credits, or early release shall
			 not count towards satisfaction of sanction units.
(2) When sanction units are imposed as part
			 of a probationary sentence, the offender shall receive credit for having served
			 those sanction units as follows:
(a) JAIL:
			 Each day of jail incarceration equals one (1) sanction unit.
(b) RESIDENTIAL CUSTODIAL TREATMENT FACILITY:
			 Each day of actual confinement in a 24-hour residential custodial treatment
			 facility equals one (1) sanction unit when the program is satisfactorily
			 completed including up to one year of any required aftercare. Aftercare may
			 continue for more than one year, but custody unit credit shall be granted
			 following satisfactory completion of one year.
(c) RELEASE PROGRAMS: Each day of partial
			 confinement in a release program, in which the offender is confined in a
			 custodial facility when not on release, equals one (1) sanction unit for each
			 day of partial incarceration.
(d)
			 HOUSE ARREST: Each day of satisfactory compliance with the requirements of
			 house arrest equals one (1) sanction unit if the offender satisfactorily
			 completes the house arrest.
(e)
			 COMMUNITY SERVICE: Sixteen hours of community service under the direct
			 supervision of a supervisor designated by the supervisory authority equals one
			 sanction unit.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0013 - Jail as Part of Probation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the provisions of sections (2), (3) and (4) of this rule, the
			 maximum number of sanction units that may be used to impose a jail term as part
			 of a probationary sentence shall be as follows:
(a) Up to 30 sanction units for offenses
			 classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and
			 3-I;
(b) Up to 60 sanction units
			 for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and
			 5-G through 5-I; and
(c) Up to 90
			 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and
			 7-F through 7-I, and if a probation sentence is imposed as a departure from a
			 presumptive prison term or as an optional probation sentence.
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0014 - Level of Community Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department or its designees shall use
			 a risk assessment classification system to classify offenders for supervision
			 purposes.
(2) The level of
			 supervision shall be established by the Department or its designees based on
			 the offender-risk classification. The level of supervision may be increased or
			 decreased by the supervisory authority in response to the offender's conduct
			 under supervision and as is necessary to manage the offender in the
			 community.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0015 - Non-Custody Conditions Of Probation

Current through Register Vol. 63, No. 7, July 1, 2024
The sentencing judge may impose any additional non-custodial
				special conditions of probation as provided by law.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0016 - Departure Probationary Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
A probationary sentence which exceeds the applicable limitation
				on the use of custodial supervision as part of a probationary sentence is a
				departure.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 5 - SENTENCING › Section 213-005-0017 - Record of Sanction Units

Current through Register Vol. 63, No. 7, July 1, 2024
The supervisory authority or the supervisory authority 's
				designee shall keep a record of all sanction units served by the offender while
				under the jurisdiction of the supervisory authority. The record shall be
				maintained in a form that will enable the sentencing judge to determine whether
				the sanction units imposed as part of a probationary sentence have been
				served.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 7 - PLEA AGREEMENTS › Section 213-007-0001 - Permissible Plea Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
The sentencing judge shall comply with the rules of this
				division when accepting a negotiated plea as a plea agreement for any offense
				committed on or after the effective date of these rules.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 7 - PLEA AGREEMENTS › Section 213-007-0002 - Criminal History

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 offender's criminal history classification shall be accurately represented to
			 the sentencing judge in the plea agreement.
(2) If a controversy exists as to the
			 inclusion of a prior conviction or juvenile adjudication in an offender's
			 criminal history or as to the classification of a prior conviction or juvenile
			 adjudication, the district attorney and defense may stipulate to the inclusion,
			 exclusion or classification of the conviction or juvenile adjudication as part
			 of a plea agreement subject to the approval of the sentencing judge.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669
Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 7 - PLEA AGREEMENTS › Section 213-007-0003 - Stipulated Grid Block

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject
			 to the provisions of OAR 213-007-0002  and the approval of the sentencing judge,
			 the district attorney and defense may stipulate to the grid block
			 classification within the Sentencing Guidelines Grid which will provide the
			 presumptive sentence for the offender.
(2) If the sentencing judge accepts the
			 stipulated grid block classification and imposes a sentence other than the
			 presumptive sentence for the stipulated grid block, the sentence is a
			 departure.
Stat. Auth.: ORS
				  137.667
Stats. Implemented: ORS
				  137.667 - ORS
				  137.669