Current through Register Vol. 63, No. 9, September 1, 2024
(1) When
the sentencing judge imposes multiple sentences consecutively, the consecutive
sentences shall consist of an incarceration term and a supervision
term.
(2)
(a) Subject to the provisions of subsection
(b) of this section, the presumptive incarceration term of the consecutive
sentences is the sum of:
(A) The presumptive
incarceration term or the prison term defined in OAR
213-008-0005(1)
imposed pursuant to a dispositional departure for the primary offense, as
defined in OAR 213-003-0001(17);
and
(B) Up to the maximum
incarceration term indicated in the Criminal History I Column for each
additional offense imposed consecutively.
(b) The total incarceration term of the
consecutive sentences, including the incarceration term for the primary
offense, shall not exceed twice the maximum presumptive incarceration term or
the prison term defined in OAR
213-008-0005(1)
imposed pursuant to a dispositional departure of the primary sentence except by
departure as provided by OAR
213-008-0007.
(c) The incarceration term of any
probationary sentence is the maximum jail sentence that could be imposed as
provided by these rules as part of the probationary sentence for that
offense.
(3)
(a) If the court imposes a sentence that
includes a term of incarceration that exceeds 12 months and the term is to be
served consecutively to a term of incarceration of 12 months or less for a
felony that was imposed in a previous proceeding, the defendant shall serve any
remaining part of the previously imposed term of incarceration in the legal and
physical custody of the Department.
(b) If the court imposes a felony sentence
that includes a term of incarceration that is 12 months or less and the term is
to be served consecutively to a term of incarceration that exceeds 12 months
that was imposed in a previous proceeding or in the same proceeding, the court
shall commit the defendant to the legal and physical custody of the
Department.
(4) The
supervision term of consecutive sentences shall be:
(a) The presumptive post-prison supervision
term imposed for the primary offense if the sentence for any offense includes a
prison term; or
(b) The presumptive
probation term of each offense if no sentence includes a prison term. All
presumptive probation terms imposed as provided by this subsection shall run
concurrently.
(5)
Sections (1), (2), and (3) of this rule shall not apply to any sentence imposed
on a dangerous offender under ORS
161.725 and
161.737, nor shall sections (2)
and (3) apply to consecutive sentences imposed for crimes that have different
victims.
(6) Notwithstanding
section (3)(b) of this rule, 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.
Stat. Auth.: ORS
137.667
Stats. Implemented: ORS
137.667-137.669 & 1999 OL Ch. 1011
(HB 2273); 166.070(2)
