ORS § 137.705

Current through 2024 Regular Session legislation effective March 27, 2024

Section 137.705 - Definitions; adult prosecution of certain juvenile offenders

(1)

(a) As used in this section and ORS 137.707:

(A) "Charged" means the filing of an accusatory instrument in a court of criminal jurisdiction.

(B) "Detention facility" has the meaning given that term in ORS 419A.004.

(C) "Prosecuted" includes pretrial and trial procedures, requirements and limitations provided for in criminal cases.

(b) Unless otherwise provided in ORS 137.707, ORS chapters 137 and 138 apply to proceedings under ORS 137.707.

(2)

(a) If the juvenile court enters an order of waiver under ORS 419C. 349(1)(a), the person waived may be charged with the commission of an offense listed in ORS 137.707 and may be prosecuted as an adult. The person may be detained in custody only in a detention facility, unless the person is 16 or 17 years of age and the director of the county juvenile department and the sheriff agree to detain the person in a jail or other place where adults are detained. A person detained in accordance with this paragraph is subject to release on the same terms and conditions as for adults.

(b) If a person waived under ORS 419C. 349 (1)(a) is under 16 years of age, the person may not be detained before conviction, or after conviction but before execution of the sentence, in a jail or other place where adults are detained.

ORS 137.705

Amended by 2019 Ch. 634, § 4, eff. 9/29/2019, op. 1/1/2020.

1995 c.422 §48; 2011 c. 122, § 1

Section 32, chapter 634, Oregon Laws 2019, provides:

Sec. 32. (1) Sections 24 [161.740] and 25 [144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C. 005, 419C. 050, 419C. 346, 419C. 349, 419C. 352, 419C. 355, 419C. 358, 419C. 361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019 [163.107], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.

(2) Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C. 005, 419C. 050, 419C. 346, 419C. 349, 419C. 352, 419C. 355, 419C. 358, 419C. 361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c. 634, § 32; 2019 c. 635, § 3c; 2019 c. 685, § 4]

See second note under 137.700.