Oregon Administrative Rules
Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION
Division 5 - SENTENCING
Section 213-005-0006 - Optional Probationary Sentences
Universal Citation: OR Admin Rules 213-005-0006
Current through Register Vol. 63, No. 9, September 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.
(2) The sentencing judge shall not impose an optional probationary sentence if:
(a) A
firearm was used in the commission of the offense; or
(b) At the time of the offense, the offender
was under correctional supervision status for a felony conviction or a juvenile
adjudication as defined in OAR
213-003-0001(11);
or
(c) The offender's conviction is
for Manufacture of a Controlled Substance involving substantial quantities of
methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS
475.996(1)(a).
(3) A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669& 2001 OL Ch. 804 (HB 2420)
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