Or. Admin. Code § 291-038-0015

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

Section 291-038-0015 - Procedures

(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

Or. Admin. Code § 291-038-0015

CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98; DOC 10-2010, f. & cert. ef. 9-8-10; DOC 4-2020, amend filed 02/19/2020, effective 2/19/2020

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