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. 3, March 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)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
