Section 137.769 – Defendant’s right to independent examination.
(1) When a defendant is examined under ORS 137.767, the defendant may retain a psychiatrist, psychologist or other expert to perform an examination on the defendant’s behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to: (a) The defendant for the purpose of the examination; and (b) All […]
Section 137.771 – Resentencing hearing; petition; findings; modification of sentence.
(1) No sooner than 10 years after a person sentenced under ORS 137.765 is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the […]
Section 137.924 – Supervisory authority to provide information to agency directors.
When a defendant is committed to the supervisory authority of the county pursuant to ORS 137.124, the supervisory authority shall forward the name, date of birth and Social Security number of the defendant to: (1) The Director of the Employment Department for purposes of making a determination of eligibility under ORS 657.155; (2) The Director […]
Section 137.930 – Criminal history data provider requirements.
(1) A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a person’s criminal history occurring more than 60 days before the date the criminal history report is delivered. (2) As used in […]
Section 137.725 – Presumptive life sentence for certain sex offenders upon second conviction.
(1) The presumptive sentence for a crime described in subsection (3) of this section is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime described in subsection (4) of this section. (2) The court may impose a sentence other […]
Section 137.750 – Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs.
(1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in […]
Section 137.751 – Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508.
(1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under […]
Section 137.752 – Requirements when defendant committed to custody of county.
(1) When a court commits a defendant to the custody of a supervisory authority of a county under ORS 137.124, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the supervisory authority for any form of alternative sanction authorized by ORS […]
Section 137.754 – Authority of court to modify judgment to comply with ORS 137.750 and 137.752.
Notwithstanding any other provision of law, a sentencing court retains authority after entry of a judgment of conviction to modify its judgment and sentence to comply with the requirements of ORS 137.750 or 137.752 when: (1) The judgment was entered on or after December 5, 1996; (2) The crime of conviction was committed on or […]
Section 137.765 – Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision.
(1) As used in this section: (a) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that: (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and (B) Seriously endangered the life or safety of another person […]