Current through Register Vol. 63, No. 3, March 1, 2024
(1) The
presumptive duration of probation shall be determined by the crime seriousness
category of the most serious current crime of conviction:
(a) Eighteen months for Crime Categories 1 -
2;
(b) Two years for Crime
Categories 3 - 5;
(c) Three years
for Crime Categories 6 - 8; and
(d)
Five years for Crime Categories 9 - 11.
(2)
(a)
Subject to OAR 213-003-0001(8) and paragraph (e) of this section, the
sentencing judge may without departure impose a duration of bench probation
other than the presumptive durations in section (1) of this rule when necessary
to ensure the conditions and purposes of probation are met, or extend the
length of probation subject to OAR 213-005-0008(2)(e) upon finding a violation
or violations of the conditions of probation or when necessary to ensure that
the conditions of probation are completely satisfied;
(b) Subject to subsection (e) of this
section, the sentencing judge may by departure impose a greater term of
supervised probation when necessary to ensure that the conditions and purposes
of probation are met;
(c) When an
offender is convicted of violating or attempting to violate a crime of a sexual
nature, as described in ORS
163.365,
163.375,
163.395,
163.405, 136.408,
163.411,
163.425 or
163.427 and the court suspends
imposition or execution of the sentence or imposes a probation sentence, the
court shall sentence the offender to probation for at least five years and no
more than the maximum statutory indeterminate sentence for that
offense.
(d) When an offender not
subject to subsection (c) is convicted of a crime of a sexual nature (including
but not limited to ORS
163.305-163.465,
163.525, 167.670,
163.673,
163.677,
163.680), or the sentencing
judge finds a sex offender treatment program is appropriate, the judge may
without departure impose a sentence of probation up to 5 years;
(e) A probationary term shall not exceed five
years.
(3) The time
during which the offender has absconded from supervision and a bench warrant
has been issued for the offender's arrest shall not be counted in determining
the time served on a sentence of probation.
(4) Nothing in this rule shall preclude the
sentencing judge from imposing a period of bench probation as the probationary
sentence required or permitted by the sentencing guidelines.
Stat. Auth.: ORS
137.667
Stats. Implemented: ORS
137.667 - ORS
137.669& ORS
137.012
