Oregon Administrative Rules › Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION › Division 3 - DEFINITIONS › Section 213-003-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Bench probation" means a probationary
			 sentence, which directs the probationer to remain under the supervision and
			 control of the sentencing judge.
(2) "Board" means the State Board of Parole
			 and Post-Prison Supervision.
(3)
			 "Correctional supervision status" means any form of incarcerative or
			 non-incarcerative supervision which is served by an offender as part of a
			 sentence for a criminal conviction.
(4) "Department" means the Department of
			 Corrections.
(5) "Departure" means
			 a sentence, except an optional probationary sentence, which is inconsistent
			 with the presumptive sentence for an offender.
(6) "Dispositional departure" means a
			 sentence which imposes probation when the presumptive sentence is prison or
			 prison when the presumptive sentence is probation. An optional probationary
			 sentence is not a dispositional departure.
(7) "Dispositional line" means the solid
			 black line on the Sentencing Guidelines Grid (Appendix 1) which separates the
			 grid blocks in which the presumptive sentence is a term of imprisonment and
			 post-prison supervision from the grid blocks in which the presumptive sentence
			 is probation which may include local custodial sanctions.
(8) "Durational departure" means a sentence
			 which is inconsistent with the presumptive sentence as to term of
			 incarceration, term of supervised probation or number of sanction units which
			 may be imposed as a condition of probation.
(9) "Grid" means the Sentencing Guidelines
			 Grid set forth as Appendix 1.
(10)
			 "Grid block" means a box on the grid formed by the intersection of the crime
			 seriousness ranking of a current crime of conviction and an offender's criminal
			 history classification.
(11)
			 "Juvenile adjudication" means a formal adjudication or finding by a court that
			 the juvenile has committed an act, which, if committed by an adult, would be
			 punishable as a felony.
(12)
			 "Non-person felonies" are any felonies not defined as a person felony in
			 section (14) of this rule.
(13)
			 "Optional probationary sentence" means any probationary sentence imposed
			 pursuant to OAR 213-005-0006.
(14)
			 "Person felonies" are in numerical statutory order: ORS
			 97.981 Purchase or Sale of a
			 Body Part for Transplantation or Therapy; ORS
			 97.982 Alteration of a Document
			 of Gift; ORS 162.165 Escape I; ORS
			 162.185 Supplying Contraband as
			 defined in Crime Categories 6 and 7 (OAR 213-018-0070(1) and (2)); ORS
			 163.095 Aggravated Murder; ORS
			 163.107 Murder I; ORS
			 163.115 Murder II; ORS
			 163.115 Felony Murder; ORS
			 163.118 Manslaughter I; ORS
			 163.125 Manslaughter II; ORS
			 163.145 Negligent Homicide; ORS
			 163.149 Aggravated Vehicular
			 Homicide; ORS 163.160(3)
			 Felony Assault; ORS 163.165 Assault III; ORS
			 163.175 Assault II; ORS
			 163.185 Assault I; ORS
			 163.187(4)
			 Felony Strangulation; ORS
			 163.192 Endangering Person
			 Protected by FAPA Order; ORS
			 163.196 Aggravated Driving While
			 Suspended or Revoked; ORS
			 163.205 Criminal Mistreatment I;
			 ORS 163.207 Female Genital
			 Mutilation; ORS 163.208 Assaulting a Public
			 Safety Officer; ORS 163.213 Use of Stun Gun, Tear
			 Gas, Mace I; ORS 163.225 Kidnapping II; ORS
			 163.235 Kidnapping I; ORS
			 163.263 Subjecting Another
			 Person to Involuntary Servitude II; ORS
			 163.264 Subjecting Another
			 Person to Involuntary Servitude I; ORS
			 163.266 Trafficking in Persons;
			 ORS 163.275 Coercion as defined in
			 Crime Category 7 (OAR 213-018-0035(1)); ORS
			 163.355 Rape III; ORS
			 163.365 Rape II; ORS
			 163.375 Rape I; ORS
			 163.385 Sodomy III; ORS
			 163.395 Sodomy II; ORS
			 163.405 Sodomy I; ORS
			 163.408 Sexual Penetration II;
			 ORS 163.411 Sexual Penetration I;
			 ORS 163.413 Purchasing Sex With a
			 Minor; ORS 163.425 Sexual Abuse II; ORS
			 163.427 Sexual Abuse I; ORS
			 163.429 Sexual Abuse by
			 Fraudulent Misrepresentation; ORS
			 163.432 Online Sexual Corruption
			 of a Child II; ORS 163.433 Online Sexual Corruption
			 of a Child I; ORS 163.452 Custodial Sexual
			 Misconduct in the First Degree; ORS
			 163.465 Felony Public Indecency;
			 ORS 163.472 Unlawful Dissemination
			 of Intimate Image; ORS
			 163.479 Unlawful Contact with a
			 Child; ORS 163.525 Incest; ORS
			 163.535 Abandon Child; ORS
			 163.537 Buying/Selling Custody
			 of a Minor; ORS 163.547 Child Neglect I; ORS
			 163.670 Using Child In Display
			 of Sexual Conduct; ORS
			 163.684 Encouraging Child Sex
			 Abuse I; ORS 163.686 Encouraging Child Sex
			 Abuse II; ORS 163.688, Possession of Material
			 Depicting Sexually Explicit Conduct of Child I; ORS
			 163.689, Possession of Material
			 Depicting Sexually Explicit Conduct of Child II; ORS
			 163.701 Invasion of Personal
			 Privacy I; ORS 163.732 Stalking; ORS
			 163.750 Violation of Court's
			 Stalking Order; ORS 164.075 Extortion as defined in
			 Crime Category 7 (OAR 213-018-0075(1)); ORS
			 164.225 Burglary I as defined in
			 Crime Categories 8 and 9 (OAR 213-018-0025(1) and (2)); ORS
			 164.325 Arson I; ORS
			 164.342 Arson Incident to the
			 Manufacture of a Controlled Substance I; ORS
			 164.377(2)(c)
			 Computer Crime-Theft of an Intimate Image; ORS
			 164.395 Robbery III; ORS
			 164.405 Robbery II; ORS
			 164.415 Robbery I; ORS
			 164.886(3) Tree
			 Spiking (Injury); ORS
			 166.070 Aggravated Harassment;
			 ORS 166.087 Abuse of Corpse I; ORS
			 166.165 Bias Crime I; ORS
			 166.220 Unlawful Use of a
			 Weapon; ORS 166.275 Inmate In Possession of
			 Weapon; ORS 166.385(3)
			 Felony Possession of a Hoax Destructive Device; ORS
			 166.643 Unlawful Possession of
			 Soft Body Armor as defined in Crime Category 6 (OAR 213-018-0090(1)); ORS
			 167.012 Promoting Prostitution;
			 ORS 167.017 Compelling Prostitution;
			 ORS 167.057 Luring a Minor; ORS
			 167.320(4)
			 Felony Animal Abuse I; ORS
			 167.322 Aggravated Animal Abuse
			 I; ORS 468.951 Environmental
			 Endangerment; ORS 475.752(6)(a)
			 Manufacturing or Delivering a Schedule IV Controlled Substance Thereby Causing
			 Death to a Person; ORS
			 475.908 Causing Another to
			 Ingest a Controlled Substance as defined in Crime Categories 8 and 9 (OAR
			 213-019-0007  and 0008); ORS
			 475.910 Unlawful Administration
			 of a Controlled Substance as defined in Crime Categories 5, 8, and 9 (OAR
			 213-019-0007, -0008, and -0011); ORS
			 475B.359 Arson Incident to
			 Manufacture of Cannabinoid Extract I; ORS 475B.367 Causing Another Person to
			 Ingest Marijuana; ORS
			 475B.371 Administration to
			 Another Person Under 18 Years of Age; ORS
			 475C.337(3)(d)
			 Unlawful Possession by Person 21 Years or Older as defined in Crime Category 8
			 (OAR 213-19-0009); ORS
			 475C.341(4)
			 Unlawful Possession by Person Under 21 Years of Age as defined in Crime
			 Category 8 (OAR 213-19-0009); ORS
			 475C.349(3)(c)(B)
			 Unlawful Manufacture of Marijuana Item as defined in Crime Category 8 (OAR
			 213-19-0009); ORS 475C.349(3)(c)(C)
			 as defined in Crime Category 8 (OAR 213-19-0009); ORS
			 609.990(3)(b)
			 Maintaining Dangerous Dog; ORS
			 811.705 Hit and Run Vehicle
			 (Injury); ORS 813.010(5)
			 Felony Driving Under the Influence of Intoxicants (as provided in OAR
			 213-004-0009); ORS 830.475(2) Hit
			 and Run Boat; ORS 837.365(2)(b) and
			 (c) Unlawful Operation of Weaponized Unmanned
			 Aircraft System; ORS 837.374(3)
			 Reckless Interference With Aircraft; and attempts or solicitations to commit
			 any Class A or Class B person felonies as defined herein.
(15) "Person Class A misdemeanors" are in
			 numerical statutory order: ORS
			 162.315 Resisting Arrest; ORS
			 163.160 Assault IV; ORS
			 163.187 Strangulation; ORS
			 163.190 Menacing; ORS
			 163.195 Recklessly Endanger
			 Another; ORS 163.200 Criminal Mistreatment
			 II; ORS 163.212 Use of Stun Gun, Tear
			 Gas, Mace II; ORS 163.415 Sexual Abuse III; ORS
			 163.454 Custodial Sexual
			 Misconduct in the Second Degree; ORS
			 163.465 Public Indecency; ORS
			 163.467 Private Indecency; ORS
			 163.472 Unlawful Dissemination
			 of Intimate Image; ORS
			 163.476 Unlawfully Being in a
			 Location Where Children Regularly Congregate; ORS
			 163.545 Child Neglect II; ORS
			 163.575 Endanger Welfare of
			 Minor; ORS 163.687 Encouraging Child Sex
			 Abuse III; ORS 163.700 Invasion of Personal
			 Privacy II; ORS 163.709 Unlawfully Directing a
			 Laser Pointer; ORS 163.732(1)
			 Stalking; ORS 163.750(1)
			 Violating Court's Stalking Order; ORS
			 165.572 Interfering with Making
			 a Police Report; ORS 165.815 Criminal Impersonation;
			 ORS 166.065(4)
			 Harassment/Offensive Sexual Contact; ORS
			 166.155 Bias Crime II; ORS
			 166.385(2)
			 Misdemeanor Possession of a Hoax Destructive Device; ORS
			 167.054 Furnishing Sexually
			 Explicit Material to a Child; ORS
			 475.910(4)
			 Unlawful Administration of a Controlled Substance; ORS
			 609.990(3)(a)
			 Maintaining Dangerous Dog; ORS
			 811.060 Vehicular Assault; ORS
			 813.010, Driving Under the
			 Influence of Intoxicants (as provided in OAR 213-004-0009); ORS
			 837.374(2) and
			 (3) Unlawful Interference with Aircraft (if
			 aircraft manned at time of offense); and attempts or solicitations to commit
			 any Class C person felonies as defined in section (14) of this rule.
(16) "Presumptive sentence" means the
			 sentence provided in a grid block for an offender classified in that grid block
			 by the combined effect of the crime seriousness ranking of the current crime of
			 conviction and the offender's criminal history or a sentence designated as a
			 presumptive sentence by statute.
(17) "Primary offense" means the offense of
			 conviction with the highest crime seriousness ranking. If more than one offense
			 of conviction is classified in the same crime category, the sentencing judge
			 shall designate which offense is the primary offense.
(18) "Supervisory agent" means the local
			 community corrections agency responsible for supervising the
			 offender.
(19) "Supervisory
			 authority" means the state and local corrections agency or official designated
			 in each county by that county's Board of County Commissioners or county court
			 to operate corrections supervision services, custodial facilities or
			 both.
(20) "Straight jail" means a
			 sentence of jail imposed instead of a presumptive probationary sentence that is
			 not followed by a term of post-prison supervision defined in OAR
			 213-005-0002.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  137.667,
				  475.986,
				  475.998 & 2003 OL Ch.
				  453
Statutes/Other Implemented: ORS
				  137.667 - 137.669, 2001 OL Ch.
				  387, 510, 635, 828, 857, 884, 2003 OL Ch. 453, 577, 2007 OL Ch. 681, 811, 867,
				  869, 876, 2009 OL Ch. 774, 783, 876, 898, 2011 OL Ch. 3 Sec. 1, 2011 OL Ch.
				  598, 2011 OL Ch. 666, SB 6 (2013), SB 482 (2013), SB 673 (2013), HB 2334
				  (2013), HB 3194 (2013), SB 1567 (2016), HB 4082 (2016), HB 4128 (2016), SB 302
				  (2017), SB 323 (2017), SB 493 (2017), HB 2355 (2017), HB 2598 (2017), HB 2721
				  (2017), HB 2988 (2017), HB 3047 (2017), SB 1562 (2018), HB 4055 (2018), SB 577
				  (2019), SB 581 (2019), SB 1013 (2019), HB 2045 (2019), HB 2393 (2019), HB 2428
				  (2019), SB 810 (2023 Regular Session), SB 974 (2023 Regular Session) & SB
				  326 (2023 Regular Session)