Or. Admin. Code § 213-005-0013

Current through Register Vol. 63, No. 10, October 1, 2024

Section 213-005-0013 - Jail as Part of Probation

(1) Subject to the provisions of sections (2), (3) and (4) of this rule, the maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence shall be as follows:

(a) Up to 30 sanction units for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 60 sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(c) Up to 90 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I, and if a probation sentence is imposed as a departure from a presumptive prison term or as an optional probation sentence.

(2) Within the limitations established by this rule on the use of jail as part of a probation sentence, the sentencing judge may impose:

(a) A jail term of no more than one-third of the jail sanction units described in section 1 of this rule as part of a probation sentence to be served immediately upon sentencing;

(b) One or more jail terms as a sanction for probation violations over the term of probation; or

(c) Subsections (a) and (b) of this section so long as the total length of jail incarceration does not exceed the limits established by this rule on the use of jail as part of a probationary sentence except as provided in OAR 213-005-0011(6).

(3) The limitations established by this rule on the use of jail as part of a probationary sentence may be exceeded if the sentencing judge, after consulting with the appropriate supervisory authority, finds on the record that local jail space provided by the county is available for a longer term. Upon making such a finding, the sentencing judge may, without departure, use:

(a) Up to the maximum number of jail sanction units described in section 1 of this rule at the time of initial sentencing; and

(b) Up to the maximum number of sanction units described in OAR 213-005-0011(2) and (3) to impose jail for violations of conditions of the probation sentence.

(4) The maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence under 2011 Or Laws ch 598 shall be 90, which must be imposed without reduction for any reason. The provisions of subsection (2)(a) shall not apply to sentences imposed under this subsection.

Or. Admin. Code § 213-005-0013

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 1-1993(Temp), f. & cert. ef. 9-15-93; 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 253-005-0013; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2012, f. & cert. ef. 4-27-12

Stat. Auth.: ORS 137.667 & 2001 OL Ch. 737 (HB 3461)

Stats. Implemented: ORS 137.667 - 137.669& 2001 OL Ch. 737 (HB 3461)