Oregon Administrative Rules
Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION
Division 13 - SENTENCING REPORT
Section 213-013-0010 - Minimum Contents of Presentence Reports
Current through Register Vol. 63, No. 3, March 1, 2024
Except as provided by section (9), each presentence report prepared for an offender to be sentenced for one or more felonies committed on or after November 1, 1989, shall at a minimum include the following information:
(1) 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 (Division 17). If the crime of conviction is subclassified in Division 18 or 19, the presentence report shall state the factual circumstances that justify the proposed subclassification.
(2) 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 pursuant to OAR 213-004-0006 to 213-004-0013.
(3) An analysis of the disposition that is most likely to reduce the defendant's criminal conduct and why such disposition would have the desired effect.
(4) 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 or another entity.
(5) A proposed grid block classification for each crime of conviction and the presumptive sentence for each crime of conviction.
(6) A victim statement as required by ORS 137.530(2).
(7) A recommendation as to whether a departure from the guidelines is appropriate. If a 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 OAR 213-008-0001 to 213-008-0007.
(8) Any additional information as provided upon request of the sentencing judge.
(9) The sentencing judge may waive the requirement for any information necessary to establish the presumptive sentence if that information has been made part of an accepted plea agreement.
Stat. Auth.: ORS 137.656 - 137.667
Stats. Implemented: ORS 137.656 - 137.669; SB 914 (2005)