Or. Admin. R. 213-005-0008

Current through Register Vol. 63, No. 6, June 1, 2024

Section 213-005-0008 - Duration of Probation

(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.

Or. Admin. R. 213-005-0008

SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-005-0008; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669& ORS 137.012