Or. Admin. Code § 255-065-0005

Current through Register Vol. 64, No. 1, January 1, 2025

Section 255-065-0005 - When Restitution, Fines and Fees are Ordered: Payment Schedule

(1) For a crime committed after October 4, 1977, when the court sentences a person to pay restitution pursuant to ORS 137.106 and defers any portion of that payment until after release from imprisonment, the Board shall order restitution as a parole or post-prison supervision condition. The court order must specifically order restitution for a specific amount to a specific party.

(2) For a crime committed after November 1, 1981, when the court sentences a person to pay a compensatory fine pursuant to ORS 137.101 and defers any portion of that payment until after release from imprisonment, the Board shall order a compensatory fine as a parole or post-prison supervision condition. The court order must specifically order a compensatory fine for a specific amount.

(3) When the court has sentenced a person to pay attorney fees pursuant to ORS 161.665 and defers any portion of that payment until after release from imprisonment, the Board may order payment of attorney fees as a parole or post-prison supervision condition. The court order must specifically order attorney fees for a specific amount.

(4) In establishing and supervising a schedule for the resumption of payments, the Board shall consider:

(a) The offender's financial resources, including salary, savings, and liquid assets not including place of residence, or those tools or vehicles essential to personal livelihood;

(b) The burden that will impose in light of the person's overall obligations (e.g., family and necessary living expenses);

(c) Ability to pay installment or other conditions to be set by the Board; and

(d) The rehabilitation affect of the payment and the method of payment.

(5) Normal payments shall range up to twenty (20) percent of a person's take-home salary without voluntary payroll deductions, unless significant savings or liquid assets not including place of residence or tools or vehicle essential to personal livelihood permit larger amounts.

(6) The Board shall provide to the sentencing court a copy of the schedule of payments and any modifications.

Or. Admin. Code § 255-065-0005

2PB 1-1979, f. & ef. 2-1-79; 2PB 6-1981(Temp), f. & ef. 11-4-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 14-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 5-1998, f. & cert. ef. 11-9-98

Stat. Auth.: ORS 137.101, ORS 137.106, ORS 144.102 ORS 144.275, ORS 161.665 & ORS 423.570

Stats. Implemented: ORS 137.101, ORS 137.106, ORS 137.551, ORS 144 & ORS 161.665