Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a person
			 is convicted of a felony and the court requests a presentence report, the
			 county community corrections office shall furnish a presentence report to the
			 sentencing court.
(2) If a
			 presentence report has previously been prepared with respect to the defendant,
			 the local community corrections office shall furnish a copy of that report, and
			 a supplemental report bringing it up to date, to the sentencing
			 court.
(3) The presentence report
			 shall include:
(a) A summary of the factual
			 circumstances of the crime or crimes of conviction and an appropriate
			 classification of each crime of conviction on the crime seriousness scale in
			 accordance with Criminal Justice Commission rules OAR
			 213-017-0000 to
			 213-017-0011. If the crime of
			 conviction is subclassified in accordance with Criminal Justice Commission
			 rules 291OAR 213-018-0000 to 2913-018-009110
			 and OAR 213-019-0000 to
			 213-019-0015, the presentence
			 report shall state the factual circumstances that justify the proposed
			 subclassification.
(b) A listing of
			 all prior adult felony and Class A misdemeanor convictions and all prior
			 juvenile adjudications and an assessment of the appropriate classification of
			 the criminal history on the Criminal History Scale in accordance with Criminal
			 Justice Commission rules OAR
			 213-004-0006 to
			 213-004-0013.
(c) An analysis of the disposition that is
			 most likely to reduce the defendant's criminal conduct based on an assessment
			 of the defendant's risk, needs, and responsivity factors and why such
			 disposition would have the desired effect.
(d) An assessment of the availability to the
			 defendant of any relevant programs or treatment, both in and out of custody,
			 whether provided by the Department of Corrections or another entity.
(e) A proposed grid block classification for
			 each crime of conviction and the presumptive sentence for each crime of
			 conviction.
(A) If the proposed grid block
			 classification is a grid block above the dispositional line, the presentence
			 report shall state the presumptive prison term range and the presumptive
			 duration of post-prison supervision.
(B) If the proposed grid block classification
			 is grid block 8-G, 8-H, or 8-I, the presentence report shall state whether the
			 defendant is eligible for an optional probationary sentence. If the defendant
			 is eligible, the presentence report may include a recommendation that an
			 optional probationary sentence be imposed with a further recommendation for the
			 appropriate conditions of probation designed to reduce future criminal
			 conduct.
(C) If the proposed grid
			 block classification is a grid block below the dispositional line, the
			 presentence report shall provide the following information:
(i) The presumptive term of
			 probation;
(ii) The maximum number
			 of custody units that may be imposed and the number of custody units that may
			 be used to impose jail time as part of the probationary sentence;
(iii) A recommendation for the appropriate
			 conditions of probation including both custody and non-custody conditions;
			 and
(iv) Any other information
			 relevant to the imposition of a presumptive sentence as provided by these
			 rules.
(f)
			 Contain a recommendation as to whether a departure from the guidelines is
			 appropriate. If the recommendation is made, the presentence report shall
			 indicate the aggravating or mitigating factors upon which the departure
			 recommendation is made. Such recommendations shall be consistent with the
			 requirements for departures as defined by Criminal Justice Commission rule OAR
			 213-008-0007.
(g) Contain recommendations with respect to
			 the sentencing of the defendant, including incarceration or alternatives to
			 incarceration, restitution, special conditions, in-custody or community-based
			 treatment programs, and post-prison supervision.
(h) Contain such additional information as
			 the court may request upon consultation with the district attorney and the
			 defendant or defense counsel. All recommendations shall be for the information
			 of the court and shall not limit the sentencing authority of the
			 court.
(j) Each community
			 corrections department shall establish a time line for completion of the
			 presentence report. The presentence report will be submitted to the court a
			 minimum of five judicial days in advance of the date set for
			 sentencing