Oregon Administrative Rules
Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION
Division 8 - DEPARTURES
Section 213-008-0007 - Departure Limitations In Consecutive Sentences

Universal Citation: OR Admin Rules 213-008-0007

Current through Register Vol. 63, No. 3, March 1, 2024

(1) The court may depart from the limits established by OAR 213-012-0002 for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any individual offense being sentenced consecutively.

(2) Except as provided by section (3) of this rule, the sentencing judge shall comply with the provisions of OAR 213-008-0001 to 213-008-0006 when a departure sentence is imposed for an offense sentenced consecutively.

(3) When a departure sentence is imposed for any individual offense sentenced consecutively, the incarceration term of that departure sentence shall not exceed twice the maximum incarceration term that may be imposed for that offense as provided in OAR 213-012-0020(2)(a). This limit on the duration of a departure sentence does not apply to any indeterminate sentence imposed on a dangerous offender under ORS 161.725 and 161.737 nor to consecutive sentences imposed for crimes that have different victims.

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

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