Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 38 - PRE-SENTENCE REPORTS
Section 291-038-0015 - Procedures
Universal Citation: OR Admin Rules 291-038-0015
Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a person is convicted of a felony and the court requests a presentence report, the county community corrections office shall furnish a presentence report to the sentencing court.
(2) If a presentence report has previously been prepared with respect to the defendant, the local community corrections office shall furnish a copy of that report, and a supplemental report bringing it up to date, to the sentencing court.
(3) The presentence report shall include:
(a) 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 in
accordance with Criminal Justice Commission rules OAR
213-017-0000 to
213-017-0011. If the crime of
conviction is subclassified in accordance with Criminal Justice Commission
rules 291OAR 213-018-0000 to 2913-018-009110
and OAR 213-019-0000 to
213-019-0015, the presentence
report shall state the factual circumstances that justify the proposed
subclassification.
(b) 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 in accordance with Criminal
Justice Commission rules OAR
213-004-0006 to
213-004-0013.
(c) An analysis of the disposition that is
most likely to reduce the defendant's criminal conduct based on an assessment
of the defendant's risk, needs, and responsivity factors and why such
disposition would have the desired effect.
(d) 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 of Corrections or another entity.
(e) A proposed grid block classification for
each crime of conviction and the presumptive sentence for each crime of
conviction.
(A) If the proposed grid block
classification is a grid block above the dispositional line, the presentence
report shall state the presumptive prison term range and the presumptive
duration of post-prison supervision.
(B) If the proposed grid block classification
is grid block 8-G, 8-H, or 8-I, the presentence report shall state whether the
defendant is eligible for an optional probationary sentence. If the defendant
is eligible, the presentence report may include a recommendation that an
optional probationary sentence be imposed with a further recommendation for the
appropriate conditions of probation designed to reduce future criminal
conduct.
(C) If the proposed grid
block classification is a grid block below the dispositional line, the
presentence report shall provide the following information:
(i) The presumptive term of
probation;
(ii) The maximum number
of custody units that may be imposed and the number of custody units that may
be used to impose jail time as part of the probationary sentence;
(iii) A recommendation for the appropriate
conditions of probation including both custody and non-custody conditions;
and
(iv) Any other information
relevant to the imposition of a presumptive sentence as provided by these
rules.
(f)
Contain a recommendation as to whether a departure from the guidelines is
appropriate. If the 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 Criminal Justice Commission rule OAR
213-008-0007.
(g) Contain recommendations with respect to
the sentencing of the defendant, including incarceration or alternatives to
incarceration, restitution, special conditions, in-custody or community-based
treatment programs, and post-prison supervision.
(h) Contain such additional information as
the court may request upon consultation with the district attorney and the
defendant or defense counsel. All recommendations shall be for the information
of the court and shall not limit the sentencing authority of the
court.
(j) Each community
corrections department shall establish a time line for completion of the
presentence report. The presentence report will be submitted to the court a
minimum of five judicial days in advance of the date set for
sentencing
Attachments referenced are available from the agency.
Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
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.
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