Or. Admin. Code § 291-100-0027

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-100-0027 - Computing Sentences under ORS 137.320

(1) When computing a sentence under ORS 137.320, OISC staff will review the judgment document for information that is necessary to properly compute the sentence and to determine if it complies with ORS 137.071 and ORS 18.038 by considering whether the judgment document:

(a) Is identified as a "judgment;"

(b) Identifies the court and case number;

(c) Identifies the defendant;

(d) Specifies the determination for each charged crime in the information, indictment, or complaint (for example, whether the charge resulted in acquittal, dismissal, conviction, or merger with another conviction);

(e) Specifies the crime of conviction and sentence imposed for each charge that resulted in a conviction;

(f) Includes any information required by statute or court rules. Examples of this type of information include:

(A) The imposition of any applicable mandatory minimum sentence;

(B) For crimes committed on or after December 5, 1996, as required under ORS 137.750, includes a statement regarding whether the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release, or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing; and

(g) Contains the judge's signature, or the signature of the court administrator is authorized by law to sign the judgment document, and the date the judgment document is signed.

(2) Consecutive sentences: As provided under ORS 137.123, the department will compute sentences with concurrent terms unless the judgment expressly provides for consecutive sentences.

(a) When a judgment provides that a sentence is partly or completely consecutive to another sentence, the department will presume that the terms "consecutive" or "consecutively" refer to being in a series with one another (that is, sequential,) unless the judgment requires or provides a different meaning.

(b) Unless otherwise provided or required by law or in the judgment, when computing consecutive sentences, the department may order the sequence of consecutive sentences in any manner that best effectuates the court's intent expressed in the judgment.

(c) As provided in ORS 137.123, a court may impose a sentence that is consecutive to any other sentence which has been previously imposed or is simultaneously imposed.

(A) Unless the judgment or law provides otherwise, when a judgment provides that a sentence will be served "consecutive to sentences previously imposed" or "consecutively to sentences previously imposed," or includes similar language to that effect, the department will compute that sentence as being consecutive to any sentences imposed by any court on or before the date of sentencing, including other counts in the same case number.

(B) Unless the judgment or law provides otherwise, when a judgment provides that a sentence will be served "consecutive to sentences simultaneously imposed" or "consecutively to sentences simultaneously imposed," or includes similar language to that effect, the department will compute that sentence as being consecutive to any other sentences imposed by any court on the date of sentencing, including other counts in the same case number.

(C) Unless the judgment or law provides otherwise, when a judgment provides that a sentence will be served "consecutive to sentences currently being served" or "consecutively to sentences currently being served," or includes similar language to that effect, the department will compute that sentence as being consecutive to any sentences imposed by any court on or before the date of sentencing, including other counts in the same case number.

Or. Admin. Code § 291-100-0027

DOC 26-2020, temporary adopt filed 12/28/2020, effective 12/28/2020 through 6/25/2021; DOC 4-2021, adopt filed 04/06/2021, effective 4/6/2021; DOC 12-2024, amend filed 07/05/2024, effective 7/5/2024

Statutory/Other Authority: ORS 423.020, 423.030, 423.075, 179.040, 137, 144, 161.610 & 421

Statutes/Other Implemented: ORS 423.020, 423.030, 423.075, 179.040, 137, 144, 161.610 & 421