OAR Chapter 213 — Oregon Criminal Justice Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 213-001-0000 Notice Rule for Rulemaking

Prior to the adoption, amendment or repeal of any permanent rule, the chairperson of the Criminal Justice Commission or designee shall give notice of the proposed action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the proposed rule.

(2) By furnishing a copy of the notice to persons on the Criminal Justice Commission mailing list established pursuant to ORS 183.335(7) at least 28 days prior to the effective date of the proposed rule.

(3) By furnishing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days prior to the effective date of the proposed rule.

(4) By furnishing a copy of the notice at least 28 days prior to the effective date of the proposed rule to:

(a) Associated Press;

(b) The Oregonian, Portland, Oregon;

(d) Statesman Journal, Salem, Oregon;

(e) Medford Mail Tribune, Medford, Oregon;

(f) The Register Guard, Eugene, Oregon;

(g) The Bulletin, Bend, Oregon;

(h) Oregon State Bar Bulletin;

(i) Chief Justice, Oregon Supreme Court;

(j) Chief Judge, Oregon Court of Appeals;

(k) Oregon Circuit Judges Association;

(l) Office of the Attorney General;

(m) State Court Administrator;

(n) American Civil Liberties Union;

(o) Association of Oregon Counties;

(p) Crime Victims United;

(q) Oregon Association Chiefs of Police;

(r) Oregon Community Corrections Directors Association;

(s) Oregon Criminal Defense Lawyers Association;

(t) Oregon District Attorneys Association;

(u) Oregon State Sheriffs Association;

(v) Office of Public Defense Services;

(w) Rules Coordinator, Department of Corrections;

(x) Association of Municipal Court Judges;

(y) Justices of the Peace Association; and

(z) Board of Parole and Post-Prison Supervision.

History

Statutory/Other Authority: ORS 183.341(2) & (4)
Statutes/Other Implemented: ORS 183.341(2) & (4)
CJC 4-2012, f. & cert. ef. 10-16-12
CJC 3-2012(Temp), f. & cert. ef. 4-27-12 thru 10-23-12
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-001-0000
Reverted to SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
CJC 1-1995(Temp), f. & cert. ef. 9-1-95
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1988, f. & cert. ef. 11-16-88

Or. Admin. R. 213-001-0005 Rulemaking Procedure

(1) All new and revised rules will be adopted in accordance with the provisions of ORS Chapter 183 and the Model Rules of Procedure adopted by the Oregon Attorney General.

(2) Amendments to the following divisions take effect on January 1, 2004: OAR 213-001-0000 and 0005; 213-003-0001(14), (15), (16); 213-005-0001, 0004, and 0007; 213-011-0003; 213-017-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, and 0011, and 213-018-0038, 0050, and 0090; and 213-019-0007, 0008, 0010, 0011, 0012, and 0015.

(3) Adoption of rules OAR 213-018-0047 and 0048 take effect on January 1, 2004.

History

Statutory/Other Authority: ORS 137.596, 137.667, 421.412, 475.986, 475.998 & 811.707
Statutes/Other Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 147, 387, 502, 510, 615, 635, 696, 737, 804, 828, 857, 870, 884, 919, 926 & 2003 OL Ch. 383, 453, 464, 484, 543, 550, 577, 632, 633, 804 & 815
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-001-0005
SSGB 1-1988, f. & cert. ef. 11-16-88

Or. Admin. R. 213-001-0010 Drug Court Grant Procedure

(1) For grants exceeding $10,000.00, CJC shall use a written solicitation to obtain grant applications. For grants up to and including $10,000.00, CJC may use alternate methods of selection.

(2) CJC may negotiate with an applicant to clarify its application or to effect modifications that will make the application acceptable or make the application more advantageous to CJC.

(3) CJC shall award grant funds to applicants based on criteria set forth in the solicitation. CJC, in its sole discretion, shall determine the number of grants to be awarded. In awarding grant funds, CJC may consider the merits of each solicitation, the geographic distribution of awardees, and other factors determined to be relevant by CJC.

(4) CJC may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Commission.

(5) CJC may amend a grant awarded under this rule.

(6) The provisions of this rule shall apply retroactively to January 1, 2006.

History

Statutory/Other Authority: ORS 136.656
Statutes/Other Implemented: ORS 3.450 & 137.656
CJC 4-2007, f. 12-31-07, cert. ef. 4-12-08
CJC 2-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08

Division 2 STATEMENT OF PURPOSES AND PRINCIPLES

Or. Admin. R. 213-002-0001 Statement of Purposes and Principles

(1) The primary objectives of sentencing are to punish each offender appropriately, and to insure the security of the people in person and property, within the limits of correctional resources provided by the Legislative Assembly, local governments and the people.

(2) Sentencing guidelines are intended to forward the objectives described in section (1) by defining presumptive punishments for felony convictions, subject to judicial discretion to deviate for substantial and compelling reasons; and presumptive punishments for post-prison or probation supervision violations, again subject to deviation.

(3) The basic principles which underlie these guidelines are:

(a) The response of the corrections system to crime, and to violation of post-prison and probation supervision, must reflect the resources available for that response. A corrections system that overruns its resources is a system that cannot deliver its threatened punishment or its rehabilitative impact. This undermines the system’s credibility with the public and the offender, and vitiates the objectives of prevention of recidivism and reformation of the offender. A corrections system that overruns its resources can produce costly litigation and the threat of loss of system control to the federal judiciary. A corrections system that overruns its resources can increase the risk to life and property within the system and to the public.

(b) Oregon’s current sentencing system combines indeterminate sentences with a parole matrix. Although many citizens believe the indeterminate sentence sets the length of imprisonment, that sentence only sets an offender’s maximum period of incarceration and the matrix controls actual length of stay. The frequent disparity between the indeterminate sentence length and time served under the matrix confuses and angers the public and damages the corrections system’s credibility with the public. Sentences of imprisonment should represent the time an offender will actually serve, subject only to any reduction authorized by law.

(c) Under sentencing guidelines the response to many crimes will be state imprisonment. Other crimes will be punished by local penalties and restrictions imposed as part of probation. All offenders released from prison will be under post-prison supervision for a period of time. The ability of the corrections system to enforce swiftly and sternly the conditions of both probation and post-prison supervision, including by imprisonment, is crucial. Use of state institutions as the initial punishment for crime must, therefore, leave enough institutional capacity to permit imprisonment, when appropriate, for violation of probation and post-prison supervision conditions.

(d) Subject to the discretion of the sentencing judge to deviate and impose a different sentence in recognition of aggravating and mitigating circumstances, the appropriate punishment for a felony conviction should depend on the seriousness of the crime of conviction when compared to all other crimes and the offender’s criminal history.

(e) Subject to the sentencing judge’s discretion to deviate in recognition of aggravating and mitigating circumstances, the corrections system should seek to respond in a consistent way to like crimes combined with like criminal histories; and in a consistent way to like violations of probation and post-prison supervision conditions.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-002-0001
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Division 3 DEFINITIONS

Or. Admin. R. 213-003-0001 Definitions

As used in these rules:

(1) "Bench probation" means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge.

(2) "Board" means the State Board of Parole and Post-Prison Supervision.

(3) "Correctional supervision status" means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction.

(4) "Department" means the Department of Corrections.

(5) "Departure" means a sentence, except an optional probationary sentence, which is inconsistent with the presumptive sentence for an offender.

(6) "Dispositional departure" means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. An optional probationary sentence is not a dispositional departure.

(7) "Dispositional line" means the solid black line on the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in which the presumptive sentence is a term of imprisonment and post-prison supervision from the grid blocks in which the presumptive sentence is probation which may include local custodial sanctions.

(8) "Durational departure" means a sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation.

(9) "Grid" means the Sentencing Guidelines Grid set forth as Appendix 1.

(10) "Grid block" means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offender's criminal history classification.

(11) "Juvenile adjudication" means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony.

(12) "Non-person felonies" are any felonies not defined as a person felony in section (14) of this rule.

(13) "Optional probationary sentence" means any probationary sentence imposed pursuant to OAR 213-005-0006.

(14) "Person felonies" are in numerical statutory order: ORS 97.981 Purchase or Sale of a Body Part for Transplantation or Therapy; ORS 97.982 Alteration of a Document of Gift; ORS 162.165 Escape I; ORS 162.185 Supplying Contraband as defined in Crime Categories 6 and 7 (OAR 213-018-0070(1) and (2)); ORS 163.095 Aggravated Murder; ORS 163.107 Murder I; ORS 163.115 Murder II; ORS 163.115 Felony Murder; ORS 163.118 Manslaughter I; ORS 163.125 Manslaughter II; ORS 163.145 Negligent Homicide; ORS 163.149 Aggravated Vehicular Homicide; ORS 163.160(3) Felony Assault; ORS 163.165 Assault III; ORS 163.175 Assault II; ORS 163.185 Assault I; ORS 163.187(4) Felony Strangulation; ORS 163.192 Endangering Person Protected by FAPA Order; ORS 163.196 Aggravated Driving While Suspended or Revoked; ORS 163.205 Criminal Mistreatment I; ORS 163.207 Female Genital Mutilation; ORS 163.208 Assaulting a Public Safety Officer; ORS 163.213 Use of Stun Gun, Tear Gas, Mace I; ORS 163.225 Kidnapping II; ORS 163.235 Kidnapping I; ORS 163.263 Subjecting Another Person to Involuntary Servitude II; ORS 163.264 Subjecting Another Person to Involuntary Servitude I; ORS 163.266 Trafficking in Persons; ORS 163.275 Coercion as defined in Crime Category 7 (OAR 213-018-0035(1)); ORS 163.355 Rape III; ORS 163.365 Rape II; ORS 163.375 Rape I; ORS 163.385 Sodomy III; ORS 163.395 Sodomy II; ORS 163.405 Sodomy I; ORS 163.408 Sexual Penetration II; ORS 163.411 Sexual Penetration I; ORS 163.413 Purchasing Sex With a Minor; ORS 163.425 Sexual Abuse II; ORS 163.427 Sexual Abuse I; ORS 163.429 Sexual Abuse by Fraudulent Misrepresentation; ORS 163.432 Online Sexual Corruption of a Child II; ORS 163.433 Online Sexual Corruption of a Child I; ORS 163.452 Custodial Sexual Misconduct in the First Degree; ORS 163.465 Felony Public Indecency; ORS 163.472 Unlawful Dissemination of Intimate Image; ORS 163.479 Unlawful Contact with a Child; ORS 163.525 Incest; ORS 163.535 Abandon Child; ORS 163.537 Buying/Selling Custody of a Minor; ORS 163.547 Child Neglect I; ORS 163.670 Using Child In Display of Sexual Conduct; ORS 163.684 Encouraging Child Sex Abuse I; ORS 163.686 Encouraging Child Sex Abuse II; ORS 163.688, Possession of Material Depicting Sexually Explicit Conduct of Child I; ORS 163.689, Possession of Material Depicting Sexually Explicit Conduct of Child II; ORS 163.701 Invasion of Personal Privacy I; ORS 163.732 Stalking; ORS 163.750 Violation of Court's Stalking Order; ORS 164.075 Extortion as defined in Crime Category 7 (OAR 213-018-0075(1)); ORS 164.225 Burglary I as defined in Crime Categories 8 and 9 (OAR 213-018-0025(1) and (2)); ORS 164.325 Arson I; ORS 164.342 Arson Incident to the Manufacture of a Controlled Substance I; ORS 164.377(2)(c) Computer Crime—Theft of an Intimate Image; ORS 164.395 Robbery III; ORS 164.405 Robbery II; ORS 164.415 Robbery I; ORS 164.886(3) Tree Spiking (Injury); ORS 166.070 Aggravated Harassment; ORS 166.087 Abuse of Corpse I; ORS 166.125(1)(a) Domestic Terrorism I (if conduct places persons at risk of harm); ORS 166.125(1)(b) Domestic Terrorism I; ORS 166.128(1)(a) and (1)(d) Domestic Terrorism II; ORS 166.128(1)(b) and (1)(c) Domestic Terrorism II (if conduct places persons at risk of harm); ORS 166.165 Bias Crime I; ORS 166.220 Unlawful Use of a Weapon; ORS 166.275 Inmate In Possession of Weapon; ORS 166.385(3) Felony Possession of a Hoax Destructive Device; ORS 166.643 Unlawful Possession of Soft Body Armor as defined in Crime Category 6 (OAR 213-018-0090(1)); ORS 167.012 Promoting Prostitution; ORS 167.017 Compelling Prostitution; ORS 167.333 Sexual Assault of an Animal (Felony); ORS 167.435 Contributing to Sexual Delinquency of Minor (Felony); ORS 163.445 Sexual Misconduct (If person over 18) (Felony); ORS 167.057 Luring a Minor; ORS 167.320(4) Felony Animal Abuse I; ORS 167.322 Aggravated Animal Abuse I; ORS 468.951 Environmental Endangerment; ORS 475.752(6)(a) Manufacturing or Delivering a Schedule IV Controlled Substance Thereby Causing Death to a Person; ORS 475.908 Causing Another to Ingest a Controlled Substance as defined in Crime Categories 8 and 9 (OAR 213-019-0007 and 0008); ORS 475.910 Unlawful Administration of a Controlled Substance as defined in Crime Categories 5, 8, and 9 (OAR 213-019-0007, -0008, and -0011); ORS 475B.359 Arson Incident to Manufacture of Cannabinoid Extract I; ORS 475B. 367 Causing Another Person to Ingest Marijuana; ORS 475B.371 Administration to Another Person Under 18 Years of Age; ORS 475C.337(3)(d) Unlawful Possession by Person 21 Years or Older as defined in Crime Category 8 (OAR 213-19-0009); ORS 475C.341(4) Unlawful Possession by Person Under 21 Years of Age as defined in Crime Category 8 (OAR 213-19-0009); ORS 475C.349(3)(c)(B) Unlawful Manufacture of Marijuana Item as defined in Crime Category 8 (OAR 213-19-0009); ORS 475C.349(3)(c)(C) as defined in Crime Category 8 (OAR 213-19-0009); ORS 609.990(3)(b) Maintaining Dangerous Dog; ORS 811.705 Hit and Run Vehicle (Injury); ORS 813.010(5) Felony Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009); ORS 830.475(2) Hit and Run Boat; ORS 837.365(2)(b) and (c) Unlawful Operation of Weaponized Unmanned Aircraft System; ORS 837.374(3) Reckless Interference With Aircraft; and attempts or solicitations to commit any Class A or Class B person felonies as defined herein.

(15) "Person Class A misdemeanors" are in numerical statutory order: ORS 162.315 Resisting Arrest; ORS 163.160 Assault IV; ORS 163.187 Strangulation; ORS 163.190 Menacing; ORS 163.195 Recklessly Endanger Another; ORS 163.200 Criminal Mistreatment II; ORS 163.212 Use of Stun Gun, Tear Gas, Mace II; ORS 163.415 Sexual Abuse III; ORS 163.454 Custodial Sexual Misconduct in the Second Degree; ORS 163.465 Public Indecency; ORS 163.467 Private Indecency; ORS 163.472 Unlawful Dissemination of Intimate Image; ORS 163.476 Unlawfully Being in a Location Where Children Regularly Congregate; ORS 163.545 Child Neglect II; ORS 163.575 Endanger Welfare of Minor; ORS 163.687 Encouraging Child Sex Abuse III; ORS 163.700 Invasion of Personal Privacy II; ORS 163.709 Unlawfully Directing a Laser Pointer; ORS 163.732(1) Stalking; ORS 163.750(1) Violating Court's Stalking Order; ORS 165.572 Interfering with Making a Police Report; ORS 165.815 Criminal Impersonation; ORS 166.065(4) Harassment/Offensive Sexual Contact; ORS 166.155 Bias Crime II; ORS 166.385(2) Misdemeanor Possession of a Hoax Destructive Device; ORS 167.054 Furnishing Sexually Explicit Material to a Child; ORS 475.910(4) Unlawful Administration of a Controlled Substance; ORS 609.990(3)(a) Maintaining Dangerous Dog; ORS 811.060 Vehicular Assault; ORS 813.010, Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009); ORS 837.374(2) and (3) Unlawful Interference with Aircraft (if aircraft manned at time of offense); and attempts or solicitations to commit any Class C person felonies as defined in section (14) of this rule.

(16) "Presumptive sentence" means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime seriousness ranking of the current crime of conviction and the offender's criminal history or a sentence designated as a presumptive sentence by statute.

(17) "Primary offense" means the offense of conviction with the highest crime seriousness ranking. If more than one offense of conviction is classified in the same crime category, the sentencing judge shall designate which offense is the primary offense.

(18) "Supervisory agent" means the local community corrections agency responsible for supervising the offender.

(19) "Supervisory authority" means the state and local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both.

(20) “Straight jail” means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in OAR 213-005-0002.

History

Statutory/Other Authority: ORS 137.667, 475.986, 475.998 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 2001 OL Ch. 387, 510, 635, 828, 857, 884, 2003 OL Ch. 453, 577, 2007 OL Ch. 681, 811, 867, 869, 876, 2009 OL Ch. 774, 783, 876, 898, 2011 OL Ch. 3 Sec. 1, 2011 OL Ch. 598, 2011 OL Ch. 666, SB 6 (2013), SB 482 (2013), SB 673 (2013), HB 2334 (2013), HB 3194 (2013), SB 1567 (2016), HB 4082 (2016), HB 4128 (2016), SB 302 (2017), SB 323 (2017), SB 493 (2017), HB 2355 (2017), HB 2598 (2017), HB 2721 (2017), HB 2988 (2017), HB 3047 (2017), SB 1562 (2018), HB 4055 (2018), SB 577 (2019), SB 581 (2019), SB 1013 (2019), HB 2045 (2019), HB 2393 (2019), HB 2428 (2019), SB 810 (2023 Regular Session), SB 974 (2023 Regular Session), SB 326 (2023 Regular Session), 2023 OL Chapter 608, Sections 2 & 3, HB 2772 (2023), ORS 167.333, ORS 163.435 & ORS 163.445
CJC 1-2025, amend filed 01/31/2025, effective 02/03/2025
CJC 2-2024, amend filed 03/18/2024, effective 03/18/2024
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 1-2018, amend filed 08/06/2018, effective 08/06/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 2-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 4-27-12
CJC 1-2011(Temp), f. & cert. ef. 11-1-11 thru 4-27-12
CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10
CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10
CJC 1-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-003-0001
CJC 2-1995, f. & cert. ef. 11-2-95
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef, 9-1-89

Division 4 THE SENTENCING GUIDELINES GRID

Or. Admin. R. 213-004-0001 Sentencing Guidelines Grid

(1) The sentencing guidelines grid is a two-dimensional classification tool. The vertical axis is the Crime Seriousness Scale which classifies current crimes of conviction. The horizontal axis is the Criminal History Scale which classifies criminal histories.

(2) Each grid block states the presumptive sentence for an offender whose crime of conviction and criminal history place him or her in that grid block. The solid black line dividing the grid blocks is the dispositional line. The grid is set forth as Appendix 1.

[ED. NOTE: Appendix referenced is available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 2-2012, f. & cert. ef. 4-27-12
Reverted to CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0001
CJC 1-2007(Temp), f. & cert. ef. 4-25-07 thru 10-21-07
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0001
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89

Or. Admin. R. 213-004-0002 Crime Seriousness Scale

(1) The Crime Seriousness Scale consists of eleven categories of crimes. Each crime category represents crimes of relatively equal seriousness. The complete Crime Seriousness Scale is set forth in OAR 213-017-0000 through 0011.

(2) When the statutory definition of an offense includes a broad range of criminal conduct, the offense may be subclassified factually in more than one crime category to capture the full range of criminal conduct covered by the statutory offense. The list of subclassified offenses is set forth in OAR 213-018-0000 through 0090.

(3) Drug related offenses are separately classified and subclassified. Those classifications are set forth in OAR 213-019-0000 through 0015.

History

Statutory/Other Authority: ORS 137.667 - 137.669, 2001 OL Ch. 510 (HB 2353) & 857 (HB 3035)
Statutes/Other Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 510 (HB 2353), 615 (HB 3661), 857 (HB 3035) & 870 (HB 2918)
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0002
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0003 Aggravated Murder, Murder I, Murder II

(1) The offense of Aggravated Murder is not ranked in the Crime Seriousness Scale because the sentence is set by statute as death or mandatory life imprisonment (ORS 163.095–163.105).

(2) The offenses of Murder I and Murder II are not ranked in the Crime Seriousness Scale because the sentences for those offenses are set by statute.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019)
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0003
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0004 Other Unranked Offenses

Except for Aggravated Murder, Murder I, and Murder II, when a person is convicted of any other felony which is omitted from the Crime Seriousness Scale, the sentencing judge shall determine the appropriate crime category for the current crime of conviction and shall state on the record the reasons for the offense classification.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019)
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0004
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0005 Attempts And Solicitations

(1) A conviction for an attempted crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for an attempted crime shall not exceed the maximum sentence permitted for such criminal conduct under ORS 161.405.

(2) A conviction for soliciting a crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for a solicitation offense shall not exceed the maximum sentence permitted by law for such criminal conduct under ORS 161.435.

(3) A conviction for attempted Aggravated Murder shall be ranked on the Crime Seriousness Scale at crime category 11.

(4) A conviction for attempted Murder I shall be ranked on the Crime Seriousness Scale at crime category 10.

(5) A conviction for attempted Murder II shall be ranked on the Crime Seriousness Scale at crime category 9.

(6) A conviction for an attempt or solicitation of an offense ranked on the Crime Seriousness Scale at crime category 1 or 2 shall be ranked at crime category 1.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019)
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0005
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0006 Criminal History Scale

(1) The Criminal History Scale includes nine mutually exclusive categories used to classify an offender’s criminal history according to the extent and nature of the offender’s criminal history at the time the current crime or crimes of conviction is sentenced. The nine categories in the scale are labeled alphabetically and are arranged in order of seriousness from the most serious (Criminal History Category A) to the least serious (Criminal History Category I).

(2) An offender’s criminal history is based upon the number of adult felony and Class A misdemeanor convictions and juvenile adjudications in the offender’s criminal history at the time the current crime or crimes of conviction are sentenced. For crimes committed on or after November 1, 1989 a conviction is considered to have occurred upon the pronouncement of sentence in open court. For crimes committed prior to November 1, 1989 a conviction is considered to have occurred upon pronouncement in open court of a sentence, or upon the pronouncement in open court of the suspended imposition of a sentence. Prior adult convictions or juvenile adjudications which have been expunged shall not be considered when classifying an offender’s criminal history. Prior findings of “guilty except for insanity” shall not be considered when classifying an offender’s criminal history.

(3) Whether a prior offense should be classified as a misdemeanor conviction or a felony conviction for criminal history purposes shall be determined by the classification of the offense at the time of conviction as announced by the sentencing judge rather than by the sentence imposed for the crime.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0006
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 2-1989, f. 10-17-89
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0007 Criminal History Categories

The criminal history categories in the Criminal History Scale are:

Criminal History Categories

A — The offender’s criminal history includes three or more person felonies in any combination of adult convictions or juvenile adjudications.

B — The offender’s criminal history includes two person felonies in any combination of adult convictions or juvenile adjudications.

C — The offender’s criminal history includes one adult conviction or juvenile adjudication for a person felony; and one or more adult conviction or juvenile adjudication for a non-person felony.

D — The offender’s criminal history includes one adult conviction or juvenile adjudication for a person felony; but no adult conviction or juvenile adjudications for a non-person felony.

E — The offender’s criminal history includes four or more adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony.

F — The offender’s criminal history includes two or three adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony.

G —The offender’s criminal history includes four or more adult convictions for Class A misdemeanors; one adult conviction for a non-person felony; or three or more juvenile adjudications for non-person felonies, but no adult conviction or juvenile adjudication for a person felony.

H — The offender’s criminal history includes no adult felony conviction or juvenile adjudication for a person felony; no more than two juvenile adjudications for non-person felonies; and no more than three adult convictions for Class A misdemeanors.

I — The offender’s criminal history does not include any juvenile adjudication for a felony or any adult conviction for a felony or Class A misdemeanor.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0007
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88 cert. ef. 9-1-89

Or. Admin. R. 213-004-0008 Person Class A Adult Misdemeanor Convictions

Every two prior adult convictions of person Class A misdemeanors in the offender’s criminal history shall be counted as one adult conviction of a person felony for criminal history purposes.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0008
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0009 Prior ORS 813.010 (DUII) Convictions

In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle:

(1) Every two prior convictions for misdemeanor driving while under the influence of intoxicants or comparable statutory offense or ordinance violation in the offender's criminal history shall be counted as one conviction of felony driving under the influence of intoxicants; and

(2) Each felony conviction for driving while under the influence of intoxicants shall be counted as a person felony and each misdemeanor conviction for driving while under the influence of intoxicants shall be counted as a person Class A misdemeanor.

History

Statutory/Other Authority: ORS 137.667 & 813.012
Statutes/Other Implemented: ORS 137.667 - 137.669 & 813.012
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0009
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0010 Burglary I

(1) A prior Burglary I (ORS 164.225) conviction for an offense committed after the effective date of these rules shall be classified for criminal history:

(a) As a prior person felony if that prior conviction was classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)); and

(b) As a prior non-person felony if that prior conviction was classified as a Crime Category 7 offense on the Crime Seriousness Scale (OAR 213-018-0025(3)).

(2) A prior Burglary I (ORS 164.225) conviction for an offense committed before the effective date of these rules or any juvenile adjudication for conduct, committed before or after the effective date of these rules, which if committed by an adult would have constituted Burglary I shall be classified as a prior person felony if the State proves by a preponderance of the evidence that the criminal conduct would have been classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)), however if the State does not meet that burden of proof, then the prior offense shall be classified as a prior non-person felony in crime category 7 (213-018-0025(3)).

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0010
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0011 Out-of-State Adult Convictions and Juvenile Adjudications

(1) An out-of-state adult conviction shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony or Class A misdemeanor under current Oregon law.

(2) Out-of-state juvenile adjudications shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony under current Oregon law if committed by an adult.

(3) Out-of-state adult convictions and out-of-state juvenile adjudications described in sections (1) and (2) of this rule shall be classified as person felonies or person Class A misdemeanors if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15).

(4) Any adult conviction arising from a federal or military tribunal shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15).

(5) Any adult conviction or juvenile adjudication under a subsequently repealed statute shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense currently listed at OAR 213-003-0001(14) or (15).

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0011
CJC 2-1995, f. & cert. ef. 11-2-95
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-004-0013 Proof of Criminal History

(1) The offender’s criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge.

(2) Except to the extent disputed in accordance with section (3) of this rule, the summary of the offender’s criminal history prepared for the court by the state shall satisfy the state’s burden of proof as to an offender’s criminal history.

(3) Upon receipt of the criminal history summary prepared for the court by the district attorney, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history summary. Except to the extent any disputed part is thereafter changed by agreement of the district attorney and the defendant with the approval of the sentencing judge, the state shall have the burden of producing further evidence to satisfy its burden of proof as to any disputed part or parts of the criminal history and the sentencing judge shall allow the state reasonable time to produce such evidence to establish the disputed portion of the criminal history by a preponderance of the evidence.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0013
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Division 5 SENTENCING

Or. Admin. R. 213-005-0001 Place and Term of Incarceration

(1) If an offense is classified in a grid block above the dispositional line, the presumptive sentence shall be a term of imprisonment within the durational range of months stated in the grid block. The sentencing judge should select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.

(2) Terms of incarceration 12 months or less shall be served at the direction of the supervisory authority. Terms of incarceration greater than 12 months shall be served in the legal and physical custody of the Department.

(3) Notwithstanding the term of imprisonment imposed by the sentencing court, and as authorized by the court pursuant to ORS 137.750 for crimes committed on or after December 5, 1996, an offender who enters and successfully completes a special alternative incarceration program, in accordance with the rules and procedures adopted by the Department of Corrections pursuant to ORS 421.500 et. seq., may be released early to serve the term of post-prison supervision imposed as part of the original sentence.

(4) Notwithstanding section (2) of this rule:

(a) Terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department; and

(b) Offenders sentenced under 2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration of 90 days, without reduction for any reason.

History

Statutory/Other Authority: ORS 137.667, 421.512 & 2003 OL Ch. 464
Statutes/Other Implemented: ORS 137.667, 137.669, 137.750, 163.165(2), 421.512, 2011 OL Ch. 3 §1 & 2011 OL Ch. 598
CJC 4-2012, f. & cert. ef. 10-16-12
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0001
SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0002 Term of Post-Prison Community Supervision

(1) A term of community supervision is part of the sentence for any felony offender who is sentenced to the legal and physical custody of the Department or to the supervisory authority. This term of community supervision shall be described as post-prison supervision. Departures on the duration of post-prison supervision shall not be allowed.

(2) The duration of post-prison supervision shall be determined by the crime seriousness category of the most serious current crime of conviction:

(a) One year for Crime Categories 1–3, two years for Crime Categories 4–6 and three years for Crime Categories 7–11.

(b) Notwithstanding section (2)(a) of this rule, the following periods of post-prison supervision shall apply:

(A) For an offender convicted of murder or aggravated murder the period shall be as established in OAR 213-005-0004.

(B) For an offender sentenced as a sexually violent dangerous offender the period shall be as established in OAR 213-005-0004.

(3) The term of post-prison supervision shall begin upon completion of the offender's prison term or such term as directed by the supervisory authority. For offenders successfully completing the alternative incarceration program (boot camp) described in ORS 421.500 et seq., the term of post-prison supervision begins upon release pursuant to ORS 421.508(3).

(4) The term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction. When the total duration of any sentence (prison incarceration and post-prison supervision) exceeds the statutory maximum indeterminate sentence described in ORS 161.605, the sentencing judge shall first reduce the duration of post-prison supervision to the extent necessary to conform the total sentence length to the statutory maximum.

(5) The duration of post-prison supervision established under section (2) of this rule does not apply to dangerous offender departure sentences, which shall be governed by ORS 144.232.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & 144.103
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0002
SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0003 Supervisory Responsibility

When a term of post-prison supervision is imposed as part of a sentence, the offender shall serve the term of supervision in the community under the supervision of the Department of Corrections or a corrections agency designated by the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0003
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0004 Post-Prison Supervision for Murder, Aggravated Murder or as a Sexually Violent Dangerous Offender

(1) The term of post-prison supervision for an offender serving a sentence for murder or aggravated murder shall be for the remainder of the offender's life, unless the Board finds a shorter term appropriate. In no case shall the term of supervision be less than three years.

(2) The limit on sanctions for post-prison supervision violations provided in OAR 213-011-0004(3) shall not apply to offenders on post-prison supervision as provided by this rule.

(3) The term of post-prison supervision for an offender found by the sentencing court to be a sexually violent dangerous offender pursuant to ORS 137.765 shall be for the remainder of the offender's life.

(4) The limit on sanctions for post-prison supervision violations provided in OAR 213-011-0004(3) shall not apply to offenders on post-prison supervision as provided by section (3) of this rule.

(5) Offenders on post-prison supervision as provided by section (3) of this rule may be incarcerated up to 180 days for any violation of post-prison supervision. The sanction may be imposed repeatedly during the term of the post-prison supervision for subsequent post-prison supervision violations. The Board or supervisory authority may impose only a single sanction for all violations known to the Board or supervisory authority as of the date that the sanction is imposed.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & 137.765
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0004
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0005 Judgment of Conviction

Each judgment of conviction for an offense committed on or after the effective date of these rules shall state the length of incarceration and the length of post-prison supervision. The judgment of conviction shall also expressly provide that if the offender violates the conditions of post-prison supervision, the offender shall be subject to sanctions imposed by the supervisory agent or additional incarceration imposed by the Board in accordance with these rules.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0005
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0006 Optional Probationary Sentences

(1) If an offense is classified in grid blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional probationary sentence upon making the specific findings on the record:

(a) An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism;

(b) The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and

(2) The sentencing judge shall not impose an optional probationary sentence if:

(a) A firearm was used in the commission of the offense; or

(b) At the time of the offense, the offender was under correctional supervision status for a felony conviction or a juvenile adjudication as defined in OAR 213-003-0001(11); or

(c) The offender’s conviction is for Manufacture of a Controlled Substance involving substantial quantities of methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS 475.996(1)(a).

(3) A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 804 (HB 2420)
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0006
CJC 2-1995, f. & cert. ef. 11-2-95
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0007 Presumptive Probation Sentences

(1) Except as provided by OAR 213-009-0001, or otherwise established by ORS 137.717 or 137.719, if the offense is classified in a grid block below the dispositional line, the presumptive sentence shall be:

(a) A term of probation which may include custody and conditions of supervision; or

(b) Straight jail subject to the limits in OAR 213-005-0013.

(2) Each grid block below the dispositional line of the grid includes two components of a presumptive probationary sentence. The top number in each grid block is the number of sanction units that may be imposed as part of a presumptive probationary sentence. The bottom number in each grid block is the maximum number of sanction units that may be imposed as a jail term.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & 137.719
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0007
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0008 Duration of Probation

(1) The presumptive duration of probation shall be determined by the crime seriousness category of the most serious current crime of conviction:

(a) Eighteen months for Crime Categories 1–2;

(b) Two years for Crime Categories 3–5;

(d) Five years for Crime Categories 9–11.

(2)(a) Subject to OAR 213-003-0001(8) and paragraph (e) of this section, the sentencing judge may without departure impose a duration of bench probation other than the presumptive durations in section (1) of this rule when necessary to ensure the conditions and purposes of probation are met, or extend the length of probation subject to OAR 213-005-0008(2)(e) upon finding a violation or violations of the conditions of probation or when necessary to ensure that the conditions of probation are completely satisfied;

(b) Subject to subsection (e) of this section, the sentencing judge may by departure impose a greater term of supervised probation when necessary to ensure that the conditions and purposes of probation are met;

(c) When an offender is convicted of violating or attempting to violate a crime of a sexual nature, as described in ORS 163.365, 163.375, 163.395, 163.405, 136.408, 163.411, 163.425 or 163.427 and the court suspends imposition or execution of the sentence or imposes a probation sentence, the court shall sentence the offender to probation for at least five years and no more than the maximum statutory indeterminate sentence for that offense.

(d) When an offender not subject to subsection (c) is convicted of a crime of a sexual nature (including but not limited to ORS 163.305–163.465, 163.525, 167.670, 163.673, 163.677, 163.680), or the sentencing judge finds a sex offender treatment program is appropriate, the judge may without departure impose a sentence of probation up to 5 years;

(e) A probationary term shall not exceed five years.

(3) The time during which the offender has absconded from supervision and a bench warrant has been issued for the offender's arrest shall not be counted in determining the time served on a sentence of probation.

(4) Nothing in this rule shall preclude the sentencing judge from imposing a period of bench probation as the probationary sentence required or permitted by the sentencing guidelines.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & 137.012
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0008
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0009 Non-Presumptive Probationary Sentences

If the sentencing judge imposes a probationary sentence as a dispositional departure or as an optional probationary sentence, the duration of probation shall be as provided by OAR 213-005-0008.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0009
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0010 Modification of Probationary Terms

(1) A sentencing judge may shorten or terminate a probationary sentence or transfer supervision to bench probation upon a finding that supervision is no longer necessary to accomplish the purposes of the imposed sentence.

(2) Modification of a probationary sentence which results in shortening the term, termination, or transfer to bench probation shall not require a hearing.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0010
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0011 Sanction Units

(1) When imposing a probationary sentence, the sentencing judge may require that the offender serve a term of custody supervision in a correctional facility or as part of a custody program. The term of custody supervision shall be imposed as a number of sanction units. Sanction units not used to set an initial term of custody are automatically reserved for use as sanctions for probation violations or to insure the purposes of probation are being served.

(2) The number of sanction units that may be imposed as part of a presumptive probationary sentence shall be determined by the grid block classification of the offense:

(a) Up to 90 sanction units for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 120 sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(3) Notwithstanding section (2) of this rule, for offenders sentenced under 2011 Or Laws ch 598, the maximum number of sanction units that may be imposed as a presumptive probation sentence shall be up to 180 sanction units in grid blocks 4-C through 4-D.

(4) If the sentencing judge imposes a probationary sentence as a dispositional departure or as an optional probationary sentence, the sentencing judge may impose up to 180 sanction units as a part of the sentence. Imposition of more than 180 sanction units is a departure.

(5) Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124(2) or (4):

(a) The supervisory authority shall incarcerate offenders sentenced under 2011 Or Laws ch 598 for at least the mandatory minimum term of 90 days without reduction for any reason.

(b) Except for the mandatory minimum term of 90 days as provided in (5)(a) above, the supervisory authority may execute any sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority.

(6) Notwithstanding the limits on sanction units established in sections 2 and 3 of this rule, an additional number of non-jail sanction units may be used to sanction violations of conditions of a probation sentence. There shall be no departure on these additional non-jail sanction units, nor may they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3). These additional non-jail sanction units are:

(a) Up to 30 additional non-jail sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 60 additional non-jail sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(c) Up to 90 additional non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed as a departure or pursuant to OAR 213-005-0006 (Optional Probation).

(7) Notwithstanding the limits on sanction units established in sections 2, 3 and 4 of this rule, an additional number of sanction units may be used to sanction violations of conditions of a probation sentence. There shall be no departure on these additional sanction units, nor may they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3). These additional sanction units are:

(a) Up to 60 additional jail or non-jail sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I, of which no more than 30 may be jail sanction units;

(b) Up to 105 additional jail or non-jail sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I, of which no more than 45 may be jail sanction units; and

(c) Up to 150 additional jail or non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed as a departure or pursuant to OAR 213-005-0006 (Optional Probation), of which no more than 60 may be jail sanction units.

(8) For crimes committed on or after January 1, 2002, section 6 shall not apply and section 7 shall operate in its place.

History

Statutory/Other Authority: ORS 137.667 & 2001 OL Ch. 737 (HB 3461)
Statutes/Other Implemented: ORS 137.667 - 137.669, 2001 OL Ch. 737 (HB 3461), 2011 OL Ch. 3 §1 & 2011 OL Ch. 598
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0011
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0012 Custodial Supervision

(1) The sanction units imposed as part of a probationary sentence shall be used to set a term of custodial supervision in a correctional facility or as part of a custody program. Credit for sanction units shall only be granted for time actually served. Good time credits, work time credits, or early release shall not count towards satisfaction of sanction units.

(2) When sanction units are imposed as part of a probationary sentence, the offender shall receive credit for having served those sanction units as follows:

(a) JAIL: Each day of jail incarceration equals one (1) sanction unit.

(b) RESIDENTIAL CUSTODIAL TREATMENT FACILITY: Each day of actual confinement in a 24-hour residential custodial treatment facility equals one (1) sanction unit when the program is satisfactorily completed including up to one year of any required aftercare. Aftercare may continue for more than one year, but custody unit credit shall be granted following satisfactory completion of one year.

(c) RELEASE PROGRAMS: Each day of partial confinement in a release program, in which the offender is confined in a custodial facility when not on release, equals one (1) sanction unit for each day of partial incarceration.

(d) HOUSE ARREST: Each day of satisfactory compliance with the requirements of house arrest equals one (1) sanction unit if the offender satisfactorily completes the house arrest.

(e) COMMUNITY SERVICE: Sixteen hours of community service under the direct supervision of a supervisor designated by the supervisory authority equals one sanction unit.

(3)(a) When the sentencing judge orders jail time as part of a probationary sentence, the judge shall sentence the offender directly to the custody of the supervisory authority with jurisdiction over the county jail.

(b) When the sentencing judge recommends a custodial facility or program other than jail, the judge shall sentence the offender directly to the custody of the supervisory authority with jurisdiction over that facility or program. To impose such a sentence, the judge must determine that space is available in that facility or program and that the offender meets the eligibility criteria established for that facility or program by the supervisory authority.

(4) The supervisory authority shall keep a record of all sanction units served by the offender during the course of the probationary term. When sanction units are served only upon the satisfactory completion of a custodial program, the supervisory authority, when appropriate, shall certify that the offender has satisfactorily completed a custodial program and the number of sanction units served by the offender as part of the program.

(5) Where the sentencing judge finds that a custodial rehabilitation program designed to deal with drug or alcohol abuse or sexual behavior is essential to minimize the offender‘s likelihood of engaging in future criminal conduct, the requirement that the offender enter and satisfactorily complete such a program shall not be limited by the sanction units set forth in OAR 213-005-0011 or the provisions of this rule.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0012
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert ef. 9-1-89

Or. Admin. R. 213-005-0013 Jail as Part of Probation

(1) Subject to the provisions of sections (2), (3) and (4) of this rule, the maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence shall be as follows:

(a) Up to 30 sanction units for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 60 sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(c) Up to 90 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I, and if a probation sentence is imposed as a departure from a presumptive prison term or as an optional probation sentence.

(2) Within the limitations established by this rule on the use of jail as part of a probation sentence, the sentencing judge may impose:

(a) A jail term of no more than one-third of the jail sanction units described in section 1 of this rule as part of a probation sentence to be served immediately upon sentencing;

(b) One or more jail terms as a sanction for probation violations over the term of probation; or

(c) Subsections (a) and (b) of this section so long as the total length of jail incarceration does not exceed the limits established by this rule on the use of jail as part of a probationary sentence except as provided in OAR 213-005-0011(6).

(3) The limitations established by this rule on the use of jail as part of a probationary sentence may be exceeded if the sentencing judge, after consulting with the appropriate supervisory authority, finds on the record that local jail space provided by the county is available for a longer term. Upon making such a finding, the sentencing judge may, without departure, use:

(a) Up to the maximum number of jail sanction units described in section 1 of this rule at the time of initial sentencing; and

(b) Up to the maximum number of sanction units described in OAR 213-005-0011(2) and (3) to impose jail for violations of conditions of the probation sentence.

(4) The maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence under 2011 Or Laws ch 598 shall be 90, which must be imposed without reduction for any reason. The provisions of subsection (2)(a) shall not apply to sentences imposed under this subsection.

History

Statutory/Other Authority: ORS 137.667 & 2001 OL Ch. 737 (HB 3461)
Statutes/Other Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 737 (HB 3461)
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0013
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0014 Level of Community Supervision

(1) The Department or its designees shall use a risk assessment classification system to classify offenders for supervision purposes.

(2) The level of supervision shall be established by the Department or its designees based on the offender-risk classification. The level of supervision may be increased or decreased by the supervisory authority in response to the offender’s conduct under supervision and as is necessary to manage the offender in the community.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0014
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0015 Non-Custody Conditions Of Probation

The sentencing judge may impose any additional non-custodial special conditions of probation as provided by law.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0015
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0016 Departure Probationary Sentences

A probationary sentence which exceeds the applicable limitation on the use of custodial supervision as part of a probationary sentence is a departure.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0016
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-005-0017 Record of Sanction Units

The supervisory authority or the supervisory authority’s designee shall keep a record of all sanction units served by the offender while under the jurisdiction of the supervisory authority. The record shall be maintained in a form that will enable the sentencing judge to determine whether the sanction units imposed as part of a probationary sentence have been served.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0017
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89

Division 7 PLEA AGREEMENTS

Or. Admin. R. 213-007-0001 Permissible Plea Agreements

The sentencing judge shall comply with the rules of this division when accepting a negotiated plea as a plea agreement for any offense committed on or after the effective date of these rules.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-007-0001
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-007-0002 Criminal History

(1) An offender’s criminal history classification shall be accurately represented to the sentencing judge in the plea agreement.

(2) If a controversy exists as to the inclusion of a prior conviction or juvenile adjudication in an offender’s criminal history or as to the classification of a prior conviction or juvenile adjudication, the district attorney and defense may stipulate to the inclusion, exclusion or classification of the conviction or juvenile adjudication as part of a plea agreement subject to the approval of the sentencing judge.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-007-0002
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-007-0003 Stipulated Grid Block

(1) Subject to the provisions of OAR 213-007-0002 and the approval of the sentencing judge, the district attorney and defense may stipulate to the grid block classification within the Sentencing Guidelines Grid which will provide the presumptive sentence for the offender.

(2) If the sentencing judge accepts the stipulated grid block classification and imposes a sentence other than the presumptive sentence for the stipulated grid block, the sentence is a departure.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-007-0003
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f.12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-007-0004 Stipulated Presumptive Sentence

(1) The district attorney and the defense may stipulate to a specific sentence within the presumptive sentence range for the stipulated grid block classification.

(2) If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-007-0004
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-007-0005 Stipulated Non-Presumptive Sentence

(1) The district attorney and defense may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification.

(2) If the parties stipulate to an optional probationary sentence, the sentencing judge may accept the plea agreement only after making the findings as required by OAR 213-005-0006.

(3) If the parties stipulate to a departure sentence, the sentencing judge may accept the plea agreement if the judge finds on the record substantial and compelling reasons for the departure.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-007-0005
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Division 8 DEPARTURES

Or. Admin. R. 213-008-0001 Departure Sentences

Except as provided in OAR 213-005-0006, the sentencing judge shall impose the presumptive sentence provided by the guidelines unless the judge finds substantial and compelling reasons to impose a departure. If the sentencing judge departs from the presumptive sentence, the judge shall state on the record at the time of sentencing the substantial and compelling reasons for the departure.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-008-0001
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-008-0002 Departure Factors

(1) Subject to the provisions of sections (2) and (3) of this rule, the following nonexclusive list of mitigating and aggravating factors may be considered in determining whether substantial and compelling reasons for a departure exist:

(a) Mitigating factors:

(A) The victim was an aggressor or participant in the criminal conduct associated with the crime of conviction.

(B) The defendant acted under duress or compulsion (not sufficient as a complete defense).

(C) The defendant's mental capacity was diminished (excluding diminished capacity due to voluntary drug or alcohol abuse).

(D) The offense was principally accomplished by another and the defendant exhibited extreme caution or concern for the victim.

(E) The offender played a minor or passive role in the crime.

(F) The offender cooperated with the state with respect to the current crime of conviction or any other criminal conduct by the offender or other person. The offender's refusal to cooperate with the state shall not be considered an aggravating factor.

(G) The degree of harm or loss attributed to the current crime of conviction was significantly less than typical for such an offense.

(H) The offender's criminal history indicates that the offender lived conviction-free within the community for a significant period of time preceding his or her current crime of conviction.

(I) The offender is amenable to treatment and an appropriate treatment program is available to which the offender can be admitted within a reasonable period of time; the treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and the probation sentence will serve community safety interests by promoting offender reformation.

(J) The offender’s status as a servicemember as defined in ORS 135.881.

(b) Aggravating factors:

(A) Deliberate cruelty to victim.

(B) The offender knew or had reason to know of the victim's particular vulnerability, such as the extreme youth, age, disability or ill health of victim, which increased the harm or threat of harm caused by the criminal conduct.

(D) Persistent involvement in similar offenses or repetitive assaults. This factor may be cited when consecutive sentences are imposed only if the persistent involvement in similar offenses or repetitive assaults is unrelated to the current offense.

(E) Use of a weapon in the commission of the offense.

(F) The offense involved a violation of public trust or professional responsibility.

(G) The offense involved multiple victims or incidents. This factor may not be cited when it is captured in a consecutive sentence.

(H) The crime was part of an organized criminal operation.

(I) The offense resulted in a permanent injury to the victim.

(J) The degree of harm or loss attributed to the current crime of conviction was significantly greater than typical for such an offense.

(K) The offense was motivated entirely or in part by the race, color, religion, ethnicity, national origin, gender identity (as defined in ORS 166.155), or sexual orientation of the victim.

(L) Disproportionate impact (for Theft I under ORS 164.055, and Aggravated Theft I under ORS 164.057).

(2) If a factual aspect of a crime is a statutory element of the crime or is used to subclassify the crime on the Crime Seriousness Scale, that aspect of the current crime of conviction may be used as an aggravating or mitigating factor only if the criminal conduct constituting that aspect of the current crime of conviction is significantly different from the usual criminal conduct captured by the aspect of the crime.

(3) Any aspect of the current crime of conviction which serves as a necessary element of a statutory mandatory sentence may not be used as an aggravating factor if that aspect is also used to impose the mandatory sentence.

(4) As used in this rule, “disproportionate impact” means:

(a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or

(b) The theft of the property creates a hazard to public health or safety or the environment.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669, SB 570 (2009), SB 124 (2013) & SB 577 (2019)
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 2-2010, f. 6-30-10, cert. ef. 7-1-10
CJC 1-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-008-0002
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-008-0003 Duration of Departures

(1) When a sentencing judge departs in setting the duration of a prison term, the judge shall consider the purposes and principles of these guidelines as described in OAR 213-002-0001 to impose a sentence which is proportionate to the seriousness of the crime of conviction and the offender's criminal history.

(2) A durational departure from a presumptive prison term shall not total more than double the maximum duration of the presumptive prison term. In no case may the sentence exceed the statutory maximum indeterminate sentence described in ORS 161.605.

(3) The limit on durational departures established by section (2) of this rule does not apply to the indeterminate sentence imposed on a dangerous offender ORS 161.725 and 161.737.

(4) Durational departure sentences of 12 months or less shall be served at the direction of the supervisory authority. Durational departure sentences greater than 12 months shall be served in the legal and physical custody of the Department.

(5) Notwithstanding section (4) of this rule, terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669 & 1999 OL Ch. 1011 (HB 2273)
CJC 4-2012, f. & cert. ef. 10-16-12
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-008-0003
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93, Sec. (2) & (3) Renumbered from 253-008-0004
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-008-0005 Dispositional Departure Limitations

(1) When a sentencing judge imposes a prison term as a dispositional departure, the term of incarceration shall be:

(a) Up to six months for offenses classified in Crime Categories 1 and 2, or grid blocks 3-G, 3-H and 3-I;

(b) Up to twelve months for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(2) When a sentencing judge imposes a prison term as a dispositional departure, the term of post-prison supervision shall be determined by the crime seriousness category of the most serious current crime of conviction as required by OAR 213-005-0002.

(3) Any sentence inconsistent with the provisions of this rule shall constitute an additional departure and shall require substantial and compelling reasons independent of the reasons given for the dispositional departure. Such a sentence shall not exceed double the maximum duration set forth in section (1) of this rule.

(4) Any sentence imposed pursuant to this section that is 12 months or less shall be served at the direction of the supervisory authority. Any sentence imposed pursuant to this section that is greater than 12 months shall be served in the legal and physical custody of the Department.

(5) Notwithstanding section (4) of this rule, terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 –137.669, 1999 OL Ch. 1011 (HB 2273) & 166.070(2)
CJC 4-2012, f. & cert. ef. 10-16-12
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-008-0005
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-008-0006 Departure Limitations on the Use of Sanction Units

(1) A departure on the number of sanction units imposed as part of a probationary sentence shall not total more than double the maximum number of sanction units permitted as part of the sentence as described in OAR 213-005-0011(2) and (3).

(2) Notwithstanding the provisions of section (1) of this rule, the maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence shall be limited to the maximum number of sanction units included in the sentence as provided by OAR 213-005-0011(2) and (3).

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-008-0006
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-008-0007 Departure Limitations in Consecutive Sentences

(1) The court may depart from the limits established by OAR 213-012-0002 for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any individual offense being sentenced consecutively.

(2) Except as provided by section (3) of this rule, the sentencing judge shall comply with the provisions of OAR 213-008-0001 to 213-008-0006 when a departure sentence is imposed for an offense sentenced consecutively.

(3) When a departure sentence is imposed for any individual offense sentenced consecutively, the incarceration term of that departure sentence shall not exceed twice the maximum incarceration term that may be imposed for that offense as provided in OAR 213-012-0020(2)(a). This limit on the duration of a departure sentence does not apply to any indeterminate sentence imposed on a dangerous offender under ORS 161.725 and 161.737 nor to consecutive sentences imposed for crimes that have different victims.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 2-1997(Temp), f. & cert. ef. 8-13-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-008-0007
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Division 9 STATUTORY SENTENCING REQUIREMENTS

Or. Admin. R. 213-009-0001 Statutorily Mandated Imprisonment

(1) If a mandatory prison sentence is required or authorized by statute, the sentence imposed shall be that determinate sentence or the sentence under these rules whichever is longer.

(2) If the provisions of ORS 137.635, require the imprisonment of an offender for whom the grid provides presumptive probation, the offender shall be imprisoned for a duration determined as follows:

(a) 11–12 months for an offense classified in Grid Block 7-I;

(b) 12–13 months for an offense classified in Grid Block 7-H;

(d) 14–15 months for an offense classified in Grid Block 7-F.

(3) Notwithstanding subsection (1) of this rule, if it is the first time an offender is subject to the provisions of ORS 161.610(4)(a), the court may impose a lesser sentence in accordance with these rules.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-009-0001
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-009-0002 Offenders Found Guilty Except for Insanity

The rules of the Criminal Justice Commission shall not apply to any offender found guilty except for insanity pursuant to ORS 161.295. The disposition of such an offender shall be as provided by the provisions of ORS 161.295 to 161.400.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-009-0002
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-009-0003 Other Sanctions

In addition to the presumptive or departure sentence, the sentencing judge may impose any restitution, fine, fee or other monetary payment authorized or required by law.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-009-0003
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Division 10 PROBATION REVOCATIONS

Or. Admin. R. 213-010-0001 Revocation of Probation

The decision to revoke probation is discretionary and may be exercised upon a finding that the offender has violated one or more of the conditions of probation, or that the offender has participated in new criminal activity.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-010-0001
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f.12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-010-0002 Revocation Sanctions

(1) For those offenders whose presumptive sentence was probation, the sentence upon revocation shall be to the supervisory authority for a term up to a maximum of six months.

(2) For those offenders whose probationary sentence was either a departure from a presumptive prison sentence or a sentence imposed pursuant to OAR 213-005-0006, the sentence upon revocation shall be a prison term up to the maximum presumptive prison term which could have been imposed initially, if the presumptive prison term exceeds 12 months. For those presumptive prison terms 12 months or less, the sentence upon revocation shall be to the supervisory authority, up to the maximum presumptive prison term.

(3) Notwithstanding (2) of this rule, if a probation sentence is revoked under ORS 137.712(5), the court shall impose the presumptive prison term.

(4) When imposing a revocation sanction, the sentencing judge shall also set a term of post-prison supervision in accordance with OAR 213-005-0002.

(5) No revocation sanction may exceed the limitations established by this rule.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-010-0002
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f.12-30-88, cert. ef. 9-1-89

Division 11 POST-PRISON SUPERVISION

Or. Admin. R. 213-011-0001 Conditions of Post-Prison Supervision

(1) The Department shall prepare a proposed release plan for each offender prior to the offender’s release from prison.

(2) The proposed release plan shall be submitted to the Board not less than sixty (60) days prior to the offender’s release and shall include:

(a) A description of support services and program opportunities available to the offender;

(b) The recommended conditions of supervision;

(d) Any conditions necessary to assist the reformation of the offender; and

(e) Any other conditions and requirements as may be necessary to promote public safety.

(3) If the proposed release plan is not approved by the Board, the Board shall return the plan to the Department with its recommended modifications. The Department shall submit a revised plan to the Board not less than ten days prior to the offender’s release.

(4) If the revised plan is not acceptable to the Board, the Board shall determine the provisions of the final plan prior to the offender’s release.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-011-0001
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-011-0002 Responsibility for Post-Prison Supervision

Upon release from prison, the offender shall be supervised by the Department or the corrections agency designated by the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-011-0002
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-011-0003 Level of Post-Prison Supervision

(1) During the term of post-prison supervision, the Department or its designee may adjust the level of supervision and recommend to the Board revisions to the conditions of supervision appropriate to the offender's conduct in the community.

(2) Notwithstanding section (1) of this rule, a person shall be subject to intensive supervision for the full period of post-prison supervision if the person is identified by the sentencing court, the Board or a supervisory authority to be a sexually violent dangerous offender pursuant to ORS 137.765 or 144.635.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669, 137.765 & 144.635
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-011-0003
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Or. Admin. R. 213-011-0004 Post-Prison Supervision Sanctions

(1) The supervisory authority shall use a continuum of administrative sanctions for violation of the conditions of post-prison supervision. The sanction continuum shall include: adjustments to the level of supervision, modification of or addition to the conditions of community supervision as approved by the Board, and any other appropriate available local sanction.

(2) If the violation of post-prison supervision is new criminal activity or if the supervisory authority finds that the continuum of sanctions is insufficient punishment for any violation of the conditions of post-prison supervision, the supervisory authority may request the Board to impose the most restrictive local options available including incarceration in jail.

(3) If requested to impose the most restrictive local option available pursuant to subsection (2), the Board shall hold a hearing to determine whether incarceration in jail is appropriate and may impose an appropriate term of incarceration up to ninety (90) days for a technical violation and up to one hundred and eighty (180) days for conduct constituting a crime. Except as provided in OAR 213-005-0004(2) during the full term of post-prison supervision, for violations of the conditions of supervision, an offender may not be required to serve more than:

(a) Six months of incarceration if the term of post-prison supervision is one year;

(b) Nine months of incarceration if the term of post-prison supervision is two years; or

(4) An offender ordered to serve a term of incarceration in jail as a sanction for a post-prison supervision violation is not eligible for earned-credit time or transitional leave.

(5) An offender ordered to serve a term of incarceration in jail as a sanction for a post-prison supervision violation shall receive credit for time served in a state or local correctional facility on the supervisory violation prior to the Board’s imposition of a term of incarceration in jail.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-011-0004
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89

Division 12 CONCURRENT AND CONSECUTIVE SENTENCES

Or. Admin. R. 213-012-0010 Concurrent and Consecutive Sentences

When multiple convictions have been entered against a single defendant, the sentencing judge may impose consecutive or concurrent sentences as provided by ORS 137.123 and 137.370.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-012-0010
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89

Or. Admin. R. 213-012-0020 Consecutive Sentences

(1) When the sentencing judge imposes multiple sentences consecutively, the consecutive sentences shall consist of an incarceration term and a supervision term.

(2)(a) Subject to the provisions of subsection (b) of this section, the presumptive incarceration term of the consecutive sentences is the sum of:

(A) The presumptive incarceration term or the prison term defined in OAR 213-008-0005(1) imposed pursuant to a dispositional departure for the primary offense, as defined in 213-003-0001(17); and

(B) Up to the maximum incarceration term indicated in the Criminal History I Column for each additional offense imposed consecutively.

(b) The total incarceration term of the consecutive sentences, including the incarceration term for the primary offense, shall not exceed twice the maximum presumptive incarceration term or the prison term defined in OAR 213-008-0005(1) imposed pursuant to a dispositional departure of the primary sentence except by departure as provided by 213-008-0007.

(c) The incarceration term of any probationary sentence is the maximum jail sentence that could be imposed as provided by these rules as part of the probationary sentence for that offense.

(3)(a) If the court imposes a sentence that includes a term of incarceration that exceeds 12 months and the term is to be served consecutively to a term of incarceration of 12 months or less for a felony that was imposed in a previous proceeding, the defendant shall serve any remaining part of the previously imposed term of incarceration in the legal and physical custody of the Department.

(b) If the court imposes a felony sentence that includes a term of incarceration that is 12 months or less and the term is to be served consecutively to a term of incarceration that exceeds 12 months that was imposed in a previous proceeding or in the same proceeding, the court shall commit the defendant to the legal and physical custody of the Department.

(4) The supervision term of consecutive sentences shall be:

(a) The presumptive post-prison supervision term imposed for the primary offense if the sentence for any offense includes a prison term; or

(b) The presumptive probation term of each offense if no sentence includes a prison term. All presumptive probation terms imposed as provided by this subsection shall run concurrently.

(5) Sections (1), (2), and (3) of this rule shall not apply to any sentence imposed on a dangerous offender under ORS 161.725 and 161.737, nor shall sections (2) and (3) apply to consecutive sentences imposed for crimes that have different victims.

(6) Notwithstanding section (3)(b) of this rule, terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 –137.669, 1999 OL Ch. 1011 (HB 2273) & 166.070(2)
CJC 4-2012, f. & cert. ef. 10-16-12
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1997(Temp), f. & cert. ef. 8-13-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-012-0020
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1993(Temp), f. & cert. ef. 9-15-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89

Or. Admin. R. 213-012-0030 Sentences Imposed Consecutively to a Prior Remaining Sentence

(1) When a sentence is imposed consecutively to a sentence imposed in a prior proceeding, the incarceration term of the new sentence is added to the remaining incarceration term of the prior sentence. If any sentence includes a prison term, the incarceration term of all sentences shall be served in prison.

(2)(a) Notwithstanding paragraph (1) of this section, if the court imposes a sentence that includes a term of incarceration that exceeds 12 months and the term is to be served consecutively to a term of incarceration of 12 months or less that was imposed in a previous proceeding, the defendant shall serve any remaining part of the previously imposed term of incarceration in the legal and physical custody of the Department.

(3) When a sentence is imposed consecutively to a sentence imposed in a prior proceeding, the supervision term or terms of the new sentence shall be served concurrently with the prior sentence as follows:

(a) If the supervision term of the new sentence is a term of probationary supervision, the supervision shall begin at the date of sentencing.

(b) If the supervision term of the new sentence is a term of post-prison supervision, the supervision term shall begin upon the completion of the incarceration term of the combined sentences, or upon release pursuant to ORS 421.508(3).

(4) Notwithstanding section (2)(b) of this rule, terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 –137.669, 1999 OL Ch. 1011 (HB 2273) & 166.070(2)
CJC 4-2012, f. & cert. ef. 10-16-12
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-012-0030
SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89

Or. Admin. R. 213-012-0040 Multiple Supervision Terms

(1) If the offender has been sentenced to multiple terms of post-prison supervision, the terms of post-prison supervision shall be served as a single term. The maximum sanction for a post-prison supervision violation in such a case shall be limited as provided by OAR 213-011-0004 for a single term of post-prison supervision.

(2) When an offender is serving multiple terms of probationary supervision, the sentencing judge may impose revocation sanctions for supervision violations as provided by OAR 213-010-0002 for the violation of each separate term of probationary supervision.

(a) If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.

(b) If more than one term of probationary supervision is revoked for separate supervision violations, the sentencing judge may impose the incarceration sanctions concurrently or consecutively.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-012-0040
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89

Division 13 SENTENCING REPORT

Or. Admin. R. 213-013-0001 Sentencing Report

(1) The sentencing information required to be provided to the Commission under ORS 137.010(9) shall be submitted in accordance with this rule.

(2) For each sentence imposed for a felony, sentencing information shall be submitted to the Criminal Justice Commission:

(a) In an electronic format approved by order of the Chief Justice of the Supreme Court of Oregon; or

(b) If no electronic format is available, on a paper sentencing report form developed by the staff of the Criminal Justice Commission in accordance with this rule and approved by the Chief Justice of the Supreme Court of Oregon prior to distribution for use by trial courts.

(3) The sentencing information submitted shall include the following:

(a) Offender identification information;

(b) Court processing information;

(d) The crime category on the Crime Seriousness Scale (as described in OAR 213-017-0000–213-017-0011) and the criminal history category on the Criminal History Scale (as described in OAR 213-004-0007) for each crime of conviction;

(e) For each crime of conviction, a description of the sentence imposed, including:

(A) The prison term of incarceration and the term of post-prison supervision; or

(B) The duration of probation, number of sanction units, any term of jail incarceration and whether treatment or evaluation was ordered as part of probation.

(f) The total amount of financial obligations associated with the sentences;

(g) If multiple sentences are imposed, whether the sentences are to be served consecutively;

(h) Whether a statutory sentence outside the guidelines has been imposed; and

(i) If a departure sentence is imposed, the type of departure (durational, dispositional, or durational and dispositional) and each aggravating or mitigating factor relied upon to impose the departure sentence.

History

Statutory/Other Authority: ORS 137.667 - 137.669
Statutes/Other Implemented: ORS 137.667 - 137.669 & 137.010(9)
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-013-0001
SSBG 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89

Or. Admin. R. 213-013-0010 Minimum Contents of Presentence Reports

Except as provided by section (9), each presentence report prepared for an offender to be sentenced for one or more felonies committed on or after November 1, 1989, shall at a minimum include the following information:

(1) 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 (Division 17). If the crime of conviction is subclassified in Division 18 or 19, the presentence report shall state the factual circumstances that justify the proposed subclassification.

(2) 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 pursuant to OAR 213-004-0006 to 213-004-0013.

(3) An analysis of the disposition that is most likely to reduce the defendant’s criminal conduct and why such disposition would have the desired effect.

(4) 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 or another entity.

(5) 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 offender is eligible for an optional probationary sentence. If the offender 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:

(A) The presumptive term of probation;

(B) The maximum number of sanction units that may be imposed and the number of sanction units that may be used to impose jail time as part of the probationary sentence;

(D) Any other information relevant to the imposition of a presumptive sentence as provided by these rules.

(6) A victim statement as required by ORS 137.530(2).

(7) A recommendation as to whether a departure from the guidelines is appropriate. If a 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 OAR 213-008-0001 to 213-008-0007.

(8) Any additional information as provided upon request of the sentencing judge.

(9) The sentencing judge may waive the requirement for any information necessary to establish the presumptive sentence if that information has been made part of an accepted plea agreement.

History

Statutory/Other Authority: ORS 137.656 - 137.667
Statutes/Other Implemented: ORS 137.656 - 137.669 & SB 914 (2005)
CJC 4-2010, f. 12-13-10, cert. ef. 1-1-12
CJC 1-1999, f. & cert. ef. 11-1-99
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-013-0010
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89

Or. Admin. R. 213-013-0011 Format for Presentence Reports

The format for all presentence reports for offenders convicted of a felony committed on or after November 1, 1989, shall be as provided by the Department.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-013-0011
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89

Division 17 CRIME SERIOUSNESS SCALE

Or. Admin. R. 213-017-0000 Crime Seriousness Scale

This division represents the complete Crime Seriousness Scale of the grid. Offenses are listed by ORS citation, title and felony classification. When an offense has been subcategorized it will appear in two or more crime categories. An abbreviated description of the subcategorized factors is included in this division for each subcategory of the offense as it appears on the Crime Seriousness Scale. Divisions 18 and 19 should be consulted for a complete description of offense subcategories.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0001 Crime Category 11

The following offenses are classified at crime category 11 on the Crime Seriousness Scale: ORS 163.095 — ATTEMPT AGGRAVATED MURDER — (A).

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669 & SB 1013 (2019)
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0002 Crime Category 10

The following offenses are classified at crime category 10 on the Crime Seriousness Scale:

(1) CONTROLLED SUBSTANCE OFFENSES – See division 19.

(2) CANNABIS OFFENSES – See division 21.

(3) ORS 163.107 — ATTEMPT MURDER I — (A).

(4) ORS 163.118 — MANSLAUGHTER I — (A).

(5) ORS 163.149 — AGGRAVATED VEHICULAR HOMICIDE — (A).

(6) ORS 163.185 — ASSAULT I — (A). (If victim did not substantially contribute to the commission of the offense by precipitating the attack; otherwise CC 9.)

(7) ORS 163.235 — KIDNAPPING I — (A).

(8) ORS 163.375 — RAPE I* — (A). (If aggravated by factors listed below; otherwise CC 9.)

(9) ORS 163.405 — SODOMY I* — (A). (If aggravated by factors listed below; otherwise CC 9.)

(10) ORS 163.411 — SEXUAL PENETRATION I* — (A). (If aggravated by factors listed below; otherwise CC 9.)

(11) ORS 164.325 — ARSON I — (A). (If offense represented threat of serious physical injury; otherwise CC 9, 8 or 7.)

(12) * Rape I, Sodomy I and Sexual Penetration with Foreign Object I shall be ranked at Crime Category 10 if one or more of the following factors were included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b) The offender caused or threatened to cause serious physical injury;

(d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 2007 OL Ch. 867, SB 302 (2017), SB 323 (2017) & SB 1013 (2019)
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 1-2018, amend filed 08/06/2018, effective 08/06/2018
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 3-2007, f. 12-31-07, cert. ef. 1-1-08
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0003 Crime Category 9

The following offenses are classified at crime category 9 on the Crime Seriousness Scale:

(1) CONTROLLED SUBSTANCE AND AGGRAVATED DRUG OFFENSES See division 19.

(2) CANNABIS OFFENSES – See division 21.

(3) ORS 163.115 — ATTEMPT MURDER II — (A).

(4) ORS 163.175 — ASSAULT II — (B).

(5) ORS 163.185 — ASSAULT I — (A). If victim(s) substantially contributed to the commission of the offense by precipitating attack; otherwise CC 10.

(6) ORS 163.225 — KIDNAPPING II — (B).

(7) ORS 163.264 — SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE I — (B). If offender caused or threatened to cause death or serious physical injury to a person; otherwise CC 6.

(8) ORS 163.375 — RAPE I — (A). If not categorized at CC 10.

(9) ORS 163.405 — SODOMY I — (A). If not categorized at CC 10.

(10) ORS 163.411 — SEXUAL PENETRATION I — (A). If not categorized at CC 10.

(11) ORS 164.225 — BURGLARY I — (A). If offender was armed with a deadly weapon, or caused, threatened or attempted physical injury; otherwise CC 8 or 7.

(12) ORS 164.325 — ARSON I — (A). If offense did not represent a threat of serious physical injury (CC 10) and the economic loss is greater than $50,000; otherwise CC 8 or 7.

(13) ORS 164.405 ROBBERY II — (B).

(14) ORS 164.415 ROBBERY I — (A).

History

Statutory/Other Authority: ORS 137.667, 475.986, 475.998 & 2003 OL Ch. 453 & 815
Statutes/Other Implemented: ORS 137.667 - 137.669, 475.986, 475.998 & 2003 OL Ch. 815, 2007 OL Ch. 811, SB 302 (2017), SB 323 (2017) & SB 1013 (2019)
CJC 4-2020, amend filed 06/26/2020, effective 06/30/2020
CJC 1-2020, temporary amend filed 01/02/2020, effective 01/02/2020 through 06/29/2020
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 3-2007, f. 12-31-07, cert. ef. 1-1-08
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0004 Crime Category 8

The following offenses are classified at crime category 8 on the Crime Seriousness Scale:

(1) CONTROLLED SUBSTANCE AND AGGRAVATED DRUG OFFENSES (See division 19).

(2) CANNABIS OFFENSES – See division 21.

(3) ORS 163.125 — MANSLAUGHTER II — (B). (If not categorized at CC 9.)

(4) ORS 163.145 — NEGLIGENT HOMICIDE — (B). (If not categorized at CC 9.)

(5) ORS 163.165 — ASSAULT III — (B). If offense resulted from operation of a motor vehicle and defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants; otherwise CC 6.

(6) ORS 163.207 — FEMALE GENITAL MUTILIATION — (B).

(7) ORS 163.365 — RAPE II — (B).

(8) ORS 163.395 — SODOMY II — (B).

(9) ORS 163.408 — SEXUAL PENETRATION II — (B).

(10) ORS 163.425(1)(a) — SEXUAL ABUSE II — (C). If victim incapable of consent because under age 18, offender is age 21 or older, and offender was victim’s coach prior to offense; otherwise CC 7.

(11) ORS 163.427 — SEXUAL ABUSE I — (B).

(12) ORS 163.433 — ONLINE SEXUAL CORRUPTION OF A CHILD I — (B).

(13) ORS 163.537 — BUYING/SELLING THE CUSTODY OF A MINOR — (B). If the conduct is likely to endanger the health or welfare of the child, otherwise CC 5.

(14) ORS 163.670 — USING CHILD IN DISPLAY OF SEXUAL CONDUCT — (A).

(15) ORS 163.684 — ENCOURAGING CHILD SEX ABUSE I — (B).

(16) ORS 163.732 — STALKING — (C).

(17) ORS 163.750 — VIOLATE COURT STALKING ORDER — (C).

(18) ORS 164.225 — BURGLARY I — (A). If offender did not cause, threaten or attempt physical injury and was not armed with a deadly weapon (CC 9) but the offense was committed while the dwelling was occupied; otherwise CC 7.

(19) ORS 164.325 — ARSON I — (A). If the offense did not represent a threat of serious physical injury (CC 10) and economic loss is $25,000 or more but less than $50,000; otherwise CC 9 or CC 7.

(20) ORS 164.877(3) — TREE SPIKING-INJURY — (B).

(21) ORS 166.275 — INMATE POSSESSION OF WEAPON — (A). If firearm, otherwise CC 7.

(22) ORS 167.012 — PROMOTING PROSTITUTION — (C).

(23) ORS 167.017 — COMPELLING PROSTITUTION — (B).

(24) ORS 167.262 — USING A MINOR IN CONTROLLED SUBSTANCE OFFENSE — (A). CC 4 if minor less than 3 yrs. younger than offender.

(25) ORS 811.705 — HIT & RUN VEHICLE (DEATH/SERIOUS INJURY) — (B). See OAR 213-018-0038(3).

(26) ORS 837.365(2)(c) – UNLAWFUL OPERATION OF WEAPONIZED UNMANNED AIRCRAFT SYSTEM – (B).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667, 811.707, & 2003 OL Ch. 453 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 137.667 - 137.669, 811.707 & 2003 OL Ch. 453, 815, & 2007 OL Ch. 876, 2009 OL Ch. 660, HB 2334 (2013), HB 3400 (2015), HB 4014 (2016), HB 4082 (2016), SB 302 (2017), SB 323, HB 2721 (2017), HB 3047 (2017) & HB 4055 (2018)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10
CJC 5-2009, f. 12-11-09, cert. ef. 12-13-09
CJC 4-2009(Temp), f. & cert. ef. 9-16-09 thru 3-14-10
CJC 3-2009(Temp), f. & cert. ef. 6-17-09 thru 12-13-09
CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0005 Crime Category 7

The following offenses are classified at crime category 7 on the Crime Seriousness Scale:

(1) CONTROLLED SUBSTANCE OFFENSES – See division 19.

(2) CANNABIS OFFENSES – See division 21.

(3) ORS 162.165 — ESCAPE I — (B).

(4) ORS 162.185 — SUPPLYING CONTRABAND — (C). (If the contraband includes one or more firearms; otherwise CC 4, 5 or 6.)

(5) ORS 163.196 — AGGRAVATED DRIVING WHILE SUSPENDED OR REVOKED — (C).

(6) ORS 163.205 — CRIMINAL MISTREATMENT I — (C).

(7) ORS 163.275 — COERCION — (C). (If threat of physical injury; otherwise CC 6.)

(8) ORS 163.425 — SEXUAL ABUSE II — (C). (If not CC 8.)

(9) ORS 163.452 — CUSTODIAL SEXUAL MISCONDUCT I — (C).

(10) ORS 163.479 — UNLAWFUL CONTACT WITH A CHILD — (C).

(11) ORS 163.535 — ABANDON CHILD — (C). (If child is placed in immediate physical danger; otherwise CC 3.)

(12) ORS 164.075 — EXTORTION — (B). (If threat of physical injury; otherwise CC 2, 3, 4, 5 or 6.)

(13) ORS 164.225 — BURGLARY I — (A). (If the offense cannot be ranked at CC 8 or 9.)

(14) ORS 164.325 — ARSON I — (A). (If the offense cannot be ranked at CC 8, 9 or 10.)

(15) ORS 166.275 — INMATE IN POSSESSION OF WEAPON — (A). (If firearm CC 8)

(16) ORS 166.429 — FURNISHING FIREARM IN FURTHERANCE OF FELONY — (B).

(17) ORS 167.322 – AGGRAVATED ANIMAL ABUSE I – (C). (If the circumstances described in ORS 167.322(4)(a) or (4)(b) are present; otherwise, CC 6.)

(18) ORS 167.325 — ANIMAL NEGLECT II (FELONY) — (C). (If more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.325(3)(a) or (3)(c)).

(19) ORS 167.330 — ANIMAL NEGLECT I (FELONY) — (C). (If more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.330(3)(a), (3)(c) or (3)(d).

(20) ORS 323.482 — UNLAWFUL DISTRIB. CIGARETTES — (B) < 120,000.

(21) ORS 323.632 — UNLAWFUL DISTRIB. TOBACCO PRODUCTS — (B) < $10,000.

History

Statutory/Other Authority: ORS 137.667, 2003 OL Ch. 453, 2003 OL Ch. 453 Sec. 30, 58, 2003 OL Ch. 804 & HB 4043 (2024)
Statutes/Other Implemented: ORS 137.667 - 137.669, 2003 OL Ch. 453, 804, 2009 OL Ch. 783, 876, SB 6 (2013), HB 4128 (2016), SB 302 (2017), SB 323 (2017), HB 2045 (2019) & ORS 176.322
CJC 1-2025, amend filed 01/31/2025, effective 02/03/2025
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14
CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0006 Crime Category 6

The following offenses are classified at crime category 6 on the Crime Seriousness Scale:

(1) Chapter 59 — BLUE SKY LAWS & SECURITIES LAWS* — (C).

(2) CONTROLLED SUBSTANCE AND MAJOR DRUG OFFENSES (See division 19.)

(3) CANNABIS OFFENSES – See division 21.

(4) ORS 162.015 — BRIBERY — (B).

(5) ORS 162.025 — BRIBE RECEIVING — (B).

(6) ORS 162.065 — PERJURY — (C).

(7) ORS 162.117 — PUBLIC INVESTMENT FRAUD — (B).

(8) ORS 162.155 — ESCAPE II — (C).

(9) ORS 162.185 — SUPPLYING CONTRABAND — (C). (The contraband involves a dangerous weapon not a firearm CC 7; Otherwise CC 4 or 5.)

(10) ORS 162.265 — BRIBING A WITNESS — (C).

(11) ORS 162.275 — BRIBE RECEIVING BY WITNESS — (C).

(12) ORS 162.285 — TAMPERING W/ WITNESS — (C).

(13) ORS 162.325 — HINDERING PROSECUTION — (C).

(14) ORS 163.160(3) — ASSAULT IV (FELONY) — (C).

(15) ORS 163.165 — ASSAULT III — (C). (If the offense cannot be ranked at CC 8).

(16) ORS 163.187(4)(a) - (b) and (d) – (g) — STRANGULATION (FELONY) — (C). Effective January 1, 2019 as applied to the offense of Strangulation as set forth in SB 1562 (2018). ORS 163.187(4) – STRANGULATION (FELONY) – (C), through December 31, 2018.

(17) ORS 163.208 — ASSAULT OF A PUBLIC SAFETY OFFICER — (C).

(18) ORS 163.213 — USE OF A STUN GUN, TEAR GAS, MACE I — (C).

(19) ORS 163.257 — CUSTODIAL INTERFERENCE I — (C).

(20) ORS 163.264 — SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE I — (B). (If offender physically restrained or threatened to physically restrain a person; otherwise CC 9.)

(21) ORS 163.275 — COERCION — (C). (No threat of physical injury; otherwise CC 7.)

(22) ORS 163.355 — RAPE III — (C).

(23) ORS 163.385 — SODOMY III — (C).

(24) ORS 163.432 — ONLINE SEXUAL CORRUPTION OF A CHILD II — (C).

(25) ORS 163.465 — PUBLIC INDECENCY (FELONY) — (C).

(26) ORS 163.472 – UNLAWFUL DISSEMINATION OF INTIMATE IMAGE – (C).

(27) ORS 163.525 — INCEST — (C). (If one of the participants is under the age of 18; otherwise CC 1.)

(28) ORS 163.547 — CHILD NEGLECT IN THE FIRST DEGREE — (B).

(29) ORS 163.688 — POSSESSION OF MATERIAL DEPICTING SEX. EXPLICIT CONDUCT OF A CHILD I — (B).

(30) ORS 163.701 – INVASION OF PERSONAL PRIVACY I – (C).

(31) ORS 164.055 — THEFT I* — (C).

(32) ORS 164.057 — AGGRAVATED THEFT — (B). (Economic loss was greater than $50,000; otherwise CC 5.)

(33) ORS 164.065 — THEFT OF LOST/MISLAID PROPERTY * — (C).

(34) ORS 164.075 — EXTORTION* — (B). (If not CC 7 and if not threat to report immigration status or suspected immigration status to law enforcement under ORS 164.075(1)(e).)

(35) ORS 164.075(1)(e) – EXTORTION – (B). (If threat to report immigration status or suspected status to law enforcement.)

(36) ORS 164.085 — THEFT BY DECEPTION* — (C).

(37) ORS 164.125 — THEFT OF SERVICES* — (C).

(38) ORS 164.135 — UNAUTHORIZED USE OF VEHICLE* — (C).

(39) ORS 164.138 — CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* — (C).

(40) ORS 164.140(4) — POSSESSION OF RENTED PROPERTY* — (C).

(41) ORS 164.162 — MAIL THEFT OR RECEIPT OF STOLEN MAIL — (C). (For sentences imposed prior to February 15, 2010, and for sentences imposed for crimes committed on or after January 1, 2012; otherwise a Class A misdemeanor.)

(42) ORS 164.215 — BURGLARY II* — (C).

(43) ORS 164.315 — ARSON II* — (C).

(44) ORS 164.365 — CRIMINAL MISCHIEF I* — (C).

(45) ORS 164.377 — COMPUTER FRAUD (LOTTERY)* — (C).

(46) ORS 164.377(3) — COMPUTER CRIME* — (C).

(47) ORS 164.868 — UNLAWFUL LABEL SOUND RECORDING* — (C).

(48) ORS 164.869 — UNLAWFUL RECORD LIVE PERFORMANCE* — (C).

(49) ORS 164.872 — UNLAWFUL LABEL VIDEOTAPE* — (C).

(50) ORS 164.877(1) — TREE-SPIKING — (C).

(51) ORS 164.889 — INTERFERE W/ AGRICULTURAL RESEARCH* — (C).

(52) ORS 165.013 — FORGERY I* — (C).

(53) ORS 165.022 — CRIMINAL POSSESSION OF FORGED INSTRUMENT I* — (C).

(54) ORS 165.055(3)(A) — CREDIT CARD FRAUD* — (C).

(55) ORS 165.065 — NEGOTIATING BAD CHECKS* — (C).

(56) ORS 165.074 — UNLAWFUL FACTORING PAYMENT CARD* -- (C).

(57) ORS 165.692 — FILING A FALSE CLAIM FOR HEALTH CARE PAYMENT — (C).

(58) ORS 165.800 — IDENTITY THEFT* — (C).

(59) ORS 166.015 — RIOT — (C).

(60) ORS 166.070 — AGGRAVATED HARRASSMENT — (C).

(61) ORS 166.165 — BIAS CRIME I — (C).

(62) ORS 166.220 — UNLAWFUL USE OF WEAPON — (C).

(63) ORS 166.270 — EX-CON IN POSSESSION OF FIREARM — (C).

(64) ORS 166.272 — UNLAWFUL POSSESSION OF FIREARM — (B).

(65) ORS 166.370(1) — INTENT POSS. FIREARM OR DANG. WEAP. IN PUBLIC BUILDING; (2)(a)(C) – INTENT POSS. FIREARM IN LOCAL COURT FACILITY CONTRARY TO ORDER; and (5)(a) — DISCHARGE FIREARM IN SCHOOL — (C).

(66) ORS 166.382 — POSSESSION OF DESTRUCTIVE DEVICE — (C).

(67) ORS 166.384 — UNLAWFUL MANUFACTURE OF DESTRUCTIVE DEVICE — (C).

(68) ORS 166.410 — ILLEGAL MANUFACTURE, IMPORTATION OR TRANSFER OF FIREARMS — (B).

(69) ORS 166.643 — UNLAWFUL POSSESS SOFT BODY ARMOR — (B). (If offender committed or was attempting to commit a person felony or misdemeanor involving violence, otherwise CC 4.)

(70) ORS 167.057 — LURING A MINOR — (C).

(71) ORS 167.320 — ANIMAL ABUSE I (FELONY) — (C).

(72) ORS 167.322 — AGGRAVATED ANIMAL ABUSE I — (C). (If not categorized at CC 7)

(73) ORS 167.325 — ANIMAL NEGLECT II (FELONY) — (C). (If 11 to 40 animals were the subject of the neglect).

(74) ORS 167.330 — ANIMAL NEGLECT I (FELONY) — (C). (If 10 to 40 animals were the subject of the neglect).

(75) ORS 167.333 – SEXUAL ASSAULT OF AN ANIMAL – (C).

(76) ORS 167.339 — ASSAULT OF A LAW ENFORCEMENT ANIMAL — (C).

(77) ORS 167.388 — INTERFERE LIVESTOCK PRODUCTION* — (C).

(78) ORS 305.091 — UNAUTHORIZED USE OR DISCLOSURE BY STATE OFFICER OR EMPLOYEE OF INFORMATION PERTAINING TO DELINQUENT DEBTOR TRANSMITTED TO OR FROM DEPARTMENT OF REVENUE THROUGH DATA MATCH SYSTEM— (C). (If offender knowingly causes economic loss of $50,000 or more.)

(79) ORS 647.145 — TRADEMARK COUNTERFEITING II* — (C).

(80) ORS 647.150 — TRADEMARK COUNTERFEITING I* — (B).

(81) ORS 811.182 — DRIVING WHILE SUSPENDED/REVOKED (FELONY) — (C). (If the suspension or revocation resulted from (a) any degree of murder, manslaughter, criminally negligent homicide, or an assault that caused serious physical injury, resulting from the operation of a motor vehicle, or (b) aggravated vehicular homicide or aggravated driving while suspended or revoked).

(82) ORS 811.705 — HIT & RUN VEHICLE (INJURY) — (C). See OAR 213-018-0038(3).

(83) ORS 813.010(5) — DRIVING UNDER THE INFLUENCE (FELONY) — (C).

(84) ORS 819.300 — POSSESSION OF STOLEN VEHICLE* — (C).

(85) ORS 819.310 — TRAFFICKING IN STOLEN VEHICLES — (C). (If part of an organized operation or if value of property taken from one or more victims was greater than $50,000; otherwise CC 5.)

(86) ORS 830.475 — HIT AND RUN BOAT — (C).

(87) ORS 837.365(2)(b) – UNLAWFUL OPERATION OF WEAPONIZED UNMANNED AIRCRAFT SYSTEM – (C).

(88) * Property offenses marked with an asterisk shall be ranked at Crime Category 6 if the value of the property stolen or destroyed was $50,000 or more, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

History

Statutory/Other Authority: ORS 137.667, 2003 OL Ch. 453 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 137.667 - 137.669, 2001 OL Ch. 147, 635, 828, 2003 OL Ch. 383, 453, 543, 2005 OL Ch. 708, 2007 OL Ch. 684, 811, 869, 876, SB 1087 (2008), Ballot Measure 57 (2008), 2009 OL Ch. 660, HB 3508 (2009), 2009 OL Ch. 783, 2011 OL Ch. 3 Sec. 1, 2011 OL Ch. 598, 2011 OL Ch. 666, SB 6 (2013), HB 3194 (2013), HB 4128 (2016), SB 254 (2017), SB 302 (2017), SB 323 (2017), HB 2721 (2017), HB 3047 (2017), SB 1562 (2018), HB 4055 (2018), SB 577 (2019), HB 2328 (2019), HB 2393 (2019), HB 2428 (2019) & ORS 167.322
CJC 1-2025, amend filed 01/31/2025, effective 02/03/2025
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 1-2018, amend filed 08/06/2018, effective 08/06/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 2-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 4-27-12
CJC 1-2011(Temp), f. & cert. ef. 11-1-11 thru 4-27-12
CJC 5-2010, f. 12-13-10, cert. ef. 12-26-10
CJC 3-2010(Temp), f. & cert. ef. 6-30-10 thru 12-26-10
CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10
CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10
CJC 5-2009, f. 12-11-09, cert. ef. 12-13-09
CJC 4-2009(Temp), f. & cert. ef. 9-16-09 thru 3-14-10
Reverted to CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 3-2009(Temp), f. & cert. ef. 6-17-09 thru 12-13-09
CJC 2-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-29-09
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0007 Crime Category 5

The following offenses are classified at crime category 5 on the Crime Seriousness Scale:

(1) Chapter 59 — BLUE SKY LAWS & SECURITIES LAWS* — (C).

(2) DRUG-RELATED OFFENSES. (See division 19).

(3) CANNABIS OFFENSES – See division 21.

(4) ORS 97.981 — PURCHASE OR SALE OF A BODY PART FOR TRANSPLANTATION OR THERAPY — (C).

(5) ORS 162.185 — SUPPLYING CONTRABAND — (C). (If contraband includes a controlled substance but no firearms (CC 7) or dangerous weapons (CC 6); otherwise CC 4.)

(6) ORS 163.187(4)(c) — STRANGULATION (FELONY) — (C), if cannot be ranked as CC 6, effective January 1, 2019 as applied to the offense of Strangulation as set forth in SB 1562 (2018).

(7) ORS 163.263 — SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE II — (C).

(8) ORS 163.537 — BUYING OR SELLING THE CUSTODY OF A MINOR — (B). (If cannot be ranked at CC 8.)

(9) ORS 163.686 — ENCOURAGING CHILD SEX ABUSE II — (C).

(10) ORS 164.055 — THEFT I* — (C).

(11) ORS 164.057 — AGGRAVATED THEFT — (B). (If not categorized at CC 6.)

(12) ORS 164.065 — THEFT OF LOST/MISLAID PROPERTY* — (C).

(13) ORS 164.075 — THEFT BY EXTORTION* — (B).

(14) ORS 164.085 — THEFT BY DECEPTION* — (C).

(15) ORS 164.095 — THEFT BY RECEIVING — (C). (If part of an organized operation; otherwise CC 3.)

(16) ORS 164.125 — THEFT OF SERVICES* — (C).

(17) ORS 164.135 — UNAUTHORIZED USE OF VEHICLE * — (C).

(18) ORS 164.138 — CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* — (C).

(19) ORS 164.140(4) — POSSESSION OF RENTED PROPERTY * — (C).

(20) ORS 164.215 — BURGLARY II* — (C).

(21) ORS 164.315 — ARSON II* — (C).

(22) ORS 164.365 — CRIMINAL MISCHIEF I * — (C).

(23) ORS 164.377(2)(c) – COMPUTER CRIME – (C). (If theft of an intimate image.)

(24) ORS 164.377(5) — COMPUTER FRAUD (LOTTERY) * — (C).

(25) ORS 164.377(5) — COMPUTER CRIME* — (C). (If not theft of an intimate image under ORS 164.377(2)(c).)

(26) ORS 164.395 — ROBBERY III — (C).

(27) ORS 164.868 — UNLAWFUL LABEL SOUND RECORDING* — (C).

(28) ORS 164.869 — UNLAWFUL RECORD LIVE PERFORMANCE* - (C).

(29) ORS 164.872 — UNLAWFUL LABEL VIDEOTAPE* — (C).

(30) ORS 164.889 — INTERFERE W/ AGRICULTURAL RESEARCH* — (C).

(31) ORS 165.013 — FORGERY I* — (C).

(32) ORS 165.022 — CRIMINAL POSSESSION OF FORGED INSTRUMENT I* — (C).

(33) ORS 165.055(3)(A) — CREDIT CARD FRAUD* — (C).

(34) ORS 165.065 — NEGOTIATING BAD CHECKS* — (C).

(35) ORS 165.074 — UNLAWFUL FACTORING PAYMENT CARD * — (C).

(36) ORS 165.800 — IDENTITY THEFT* — (C).

(37) ORS 165.803 — AGGRAVATED IDENTITY THEFT — (B).

(38) ORS 166.087 — ABUSE OF CORPSE I — (B).

(39) ORS 166.385(3) — FELONY POSSESSION OF A HOAX DESTRUCTIVE DEVICE — (C).

(40) ORS 167.388 — INTERFERE LIVESTOCK PRODUCTION* — (C).

(41) ORS 305.091 — UNAUTHORIZED USE OR DISCLOSURE BY STATE OFFICER OR EMPLOYEE OF INFORMATION PERTAINING TO DELINQUENT DEBTOR TRANSMITTED TO OR FROM DEPARTMENT OF REVENUE THROUGH DATA MATCH SYSTEM — (C). (If offender knowingly causes economic loss of $10,000 or more but less than $50,000.)

(42) ORS 323.482 — UNLAWFUL DISTRIB. CIGARETTES — (C) <120,000.

(43) ORS 323.632 — UNLAWFUL DISTRIB. TOBACCO PRODUCTS — (C).

(44) ORS 609.990(3)(b) — MAINTAINING A DANGEROUS DOG — (C).

(45) ORS 647.145 — TRADEMARK COUNTERFEITING II* — (C).

(46) ORS 647.150 — TRADEMARK COUNTERFEITING I* — (B).

(47) ORS 819.300 — POSSESSION OF STOLEN VEHICLE* — (C).

(48) ORS 819.310 — TRAFFICKING IN STOLEN VEHICLES — (C). (If not categorized at CC 6.)

(49) * Property offenses marked with an asterisk shall be ranked at Crime Category 5 if the value of the property stolen or destroyed was $10,000 or more but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669, 164.889, 166.643, 2003 OL Ch. 383, 453, 543, 632, 2005 OL Ch. 708, 2007 OL Ch. 584, 681, 684, 811, SB 254 (2017), SB 302 (2017), SB 323 (2017), SB 1562 (2018) & HB 2328 (2019)
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 1-2018, amend filed 08/06/2018, effective 08/06/2018
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 1-2012(Temp), f. & cert. ef. 1-27-12 thru 7-24-12
CJC 1-2008, f. & cert. ef. 10-9-08
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0008 Crime Category 4

The following offenses are classified at crime category 4 on the Crime Seriousness Scale:

(1) Chapter 59 — BLUE SKY LAWS & SECURITIES LAWS* — (C).

(2) DRUG OFFENSES (See division 19.).

(3) CANNABIS OFFENSES – See division 21.

(4) ORS 97.982 — ALTERATION OF A DOCUMENT OF GIFT — (C).

(5) ORS 162.185 — SUPPLYING CONTRABAND — (C). (If offense cannot be ranked at CC 5, 6 or 7.)

(6) ORS 162.205 — FAILURE TO APPEAR I — (C).

(7) ORS 163.192 – ENDANGERING PERSON PROTECTED BY FAPA RESTRAINING ORDER – (C).

(8) ORS 163.245 — CUSTODIAL INTERFERENCE II — (C).

(9) ORS 163.689 — POSSESSION OF MATERIAL DEPICTING SEX. EXPLICIT CONDUCT OF CHILD II — (C).

(10) ORS 163A.040 — FAIL/REPORT SEX OFFENDER — (C).

(11) ORS 164.055 — THEFT I * — (C).

(12) ORS 164.065 — THEFT OF LOST/MISLAID PROPERTY* — (C).

(13) ORS 164.075 — THEFT BY EXTORTION* — (B).

(14) ORS 164.085 — THEFT BY DECEPTION* — (C).

(15) ORS 164.098 — ORGANIZED RETAIL THEFT — (B).

(16) ORS 164.125 — THEFT OF SERVICES* — (C).

(17) ORS 164.135 — UNAUTHORIZED USE OF VEHICLE* — (C).

(18) ORS 164.138 — CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* — (C).

(19) ORS 164.140(4) — POSSESSION OF RENTED PROPERTY* — (C).

(20) ORS 164.215 — BURGLARY II* — (C).

(21) ORS 164.315 — ARSON II* — (C).

(22) ORS 164.365 — CRIMINAL MISCHIEF I* — (C). (Except ORS 164.365(1)(e).)

(23) ORS 164.377(5) — COMPUTER FRAUD (LOTTERY)* — (C).

(24) ORS 164.377(5) — COMPUTER CRIME* — (C).

(25) ORS 164.868 — UNLAWFUL LABEL SOUND RECORDING* — (C).

(26) ORS 164.869 — UNLAWFUL RECORD LIVE PERFORMANCE* — (C).

(27) ORS 164.872 — UNLAWFUL LABEL VIDEOTAPE* — (C).

(28) ORS 165.013 — FORGERY I* — (C).

(29) ORS 165.022 — CRIMINAL POSSESSION OF FORGED INSTRUMENT I* — (C).

(30) ORS 165.032 — CRIMINAL POSSESSION OF FORGERY DEVICE — (C).

(31) ORS 165.055(3)(A) — CREDIT CARD FRAUD* — (C).

(32) ORS 165.065 — NEGOTIATING BAD CHECKS * — (C).

(33) ORS 165.074 — UNLAWFUL FACTORING PAYMENT CARD * — (C).

(34) ORS 165.581 — CELLULAR COUNTERFEITING I — (B).

(35) ORS 165.800 — IDENTITY THEFT* — (C).

(36) ORS 165.810 — UNLAWFUL POSSESSION PERSONAL ID DEVICE. — (C).

(37) ORS 166.023 — DISORDERLY CONDUCT I — (C).

(38) ORS 166.643 — UNLAWFUL POSSESS SOFT BODY ARMOR — (B). (If not categorized at CC 6)

(39) ORS 167.262 — USING A MINOR IN CONTROLLED SUBSTANCE OFFENSE — (A).

(CC 8 if minor 3 or more yrs. Younger than offender.)

(40) ORS 167.388 — INTERFERE LIVESTOCK PRODUCTION* — (C).

(42) ORS 647.145 — TRADEMARK COUNTERFEITING II* — (C).

(43) ORS 647.150 — TRADEMARK COUNTERFEITING I* — (B).

(44) ORS 811.182 — DRIVING WHILE SUSPENDED/REVOKED (FELONY) — (C). (If the offense cannot be ranked at CC 6.)

(45) ORS 813.011 — DRIVING UNDER THE INFLUENCE (FELONY) — (C).

(46) ORS 819.300 — POSSESSION OF STOLEN VEHICLE* — (C).

(47) *Property offenses marked with an asterisk shall be ranked at Crime Category 4 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed was $5,000 or more but less than $10,000; or

(b) The property stolen was a vehicle valued at $10,000 or more and used primarily for personal rather than commercial transportation.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 164.889, 166.643, 2003 OL Ch. 383, 453, 543, 632, 2005 OL Ch. 708, 2007 OL Ch. 498, 681, 684, 2011 OL Ch. 3 Sec. 1, 2011 OL Ch. 598, HB 3194 (2013), HB 3400 (2015), HB 4014 (2016), SB 254 (2017), SB 302 (2017), SB 323 (2017), HB 2045 (2019) & HB 2328 (2019)
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14
CJC 2-2012, f. & cert. ef. 4-27-12
CJC 1-2011(Temp), f. & cert. ef. 11-1-11 thru 4-27-12
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0009 Crime Category 3

The following offenses are classified at crime category 3 on the Crime Seriousness Scale:

(1) ORS Chapter 59 — BLUE SKY LAWS & SECURITIES LAWS* — (C).

(2) CONTROLLED SUBSTANCE OFFENSES – See division 19.

(3) CANNABIS OFFENSES – See division 21.

(4) ORS 162.305(2)(b) — TAMPER LOTTERY RECORDS — (C).

(5) ORS 162.355 — SIMULATING LEGAL PROCESS — (C).

(6) ORS 162.365(3)(b) — CRIMINAL IMPERSONATION OF PEACE OFFICER, JUDGE OR JUSTICE OF THE PEACE — (C).

(7) ORS 162.367 — FALSE LAW ENFORCEMENT ID — (C).

(8) ORS 163.535 — ABANDON CHILD — (C). (If not ranked at CC 7.)

(9) ORS 163.555 — CRIMINAL NONSUPPORT — (C).

(10) ORS 164.055 — THEFT I* — (C).

(11) ORS 164.065 — THEFT OF LOST/MISLAID PROPERTY* — (C).

(12) ORS 164.075 — THEFT BY EXTORTION* — (B).

(13) ORS 164.085 — THEFT BY DECEPTION* — (C).

(14) ORS 164.095 — THEFT BY RECEIVING — (C). (If not ranked at CC 5.)

(15) ORS 164.125 — THEFT OF SERVICES* — (C).

(16) ORS 164.135 — UNAUTHORIZED USE OF VEHICLE * — (C).

(17) ORS 164.138 — CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* — (C).

(18) ORS 164.140(4) — POSSESSION OF RENTED PROPERTY * — (C).

(19) ORS 164.215 — BURGLARY II* — (C).

(20) ORS 164.315 — ARSON II* — (C).

(21) ORS 164.365 — CRIMINAL MISCHIEF I* — (C).

(22) ORS 164.377(5) — COMPUTER FRAUD (LOTTERY)* — (C).

(23) ORS 164.377(5) — COMPUTER CRIME* — (C).

(24) ORS 164.868 — UNLAWFUL LABEL SOUND RECORDING* — (C).

(25) ORS 164.869 — UNLAWFUL RECORD LIVE PERFORMANCE* — (C).

(26) ORS 164.872 — UNLAWFUL LABEL VIDEOTAPE* —(C).

(27) ORS 164.889 — INTERFERE W/ AGRICULTURAL RESEARCH* — (C).

(28) ORS 165.013 — FORGERY I* — (C).

(29) ORS 165.022 — CRIMINAL POSSESSION OF FORGED INSTRUMENT I* — (C).

(30) ORS 165.055(4)(B) — CREDIT CARD FRAUD* — (C).

(31) ORS 165.065 — NEGOTIATING BAD CHECKS* — (C).

(32) ORS 165.070 — POSSESSION OF FAKE COMMUNICATIONS DEVICE — (C).

(33) ORS 165.074 — UNLAWFUL FACTORING PAYMENT CARD * — (C).

(34) ORS 165.800 — IDENTITY THEFT* — (C).

(35) ORS 166.085 — ABUSE OF CORPSE II — (C).

(36) ORS 167.062(4) — PROMOTING LIVE SEX SHOW — (C).

(37) ORS 167.137 — UNLAWFUL GAMBLING I — (C).

(38) ORS 167.137 — POSSESSION OF GAMBLING RECORDS I — (C).

(39) ORS 167.388 — INTERFERE LIVESTOCK PRODUCTION* — (C).

(40) ORS 305.091 — UNAUTHORIZED USE OR DISCLOSURE BY STATE OFFICER OR EMPLOYEE OF INFORMATION PERTAINING TO DELINQUENT DEBTOR TRANSMITTED TO OR FROM DEPARTMENT OF REVENUE THROUGH DATA MATCH SYSTEM — (C). (If offender knowingly causes economic loss of $1,000 or more but less than $5,000.)

(41) ORS 647.145 — TRADEMARK COUNTERFEITING II* — (C).

(42) ORS 647.150 — TRADEMARK COUNTERFEITING I* — (B).

(43) ORS 819.300 — POSSESSION OF STOLEN VEHICLE* — (C).

(44) ORS 323.482 — UNLAWFUL DISTRIB. CIGARETTES — (C) < 60,000.

(45) ORS 323.632 — UNLAWFUL DISTRIB. TOBACCO PRODUCTS — (C) < $5,000

(46) * Property offenses marked with an asterisk shall be ranked at Crime Category 3 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed was $1,000 or more but less than $5,000; or

(b) The property stolen was a vehicle valued at more than $1,000 but less than $10,000 and used primarily for personal rather than commercial transportation.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: 166.642, 2003 OL Ch. 383, 453, 550, 632, 633, 2007 OL Ch. 684, SB 6 (2013), SB 141 (2013), SB 254 (2017), SB 302 (2017), SB 323 (2017), HB 2328 (2019), ORS 137.667 - 137.669 & 164.889
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14
CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10
Suspended by CJC 6-2009(Temp), f. 12-11-09, cert. ef. 1-1-10 thru 6-29-10
Reverted to CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 3-2009(Temp), f. & cert. ef. 6-17-09 thru 12-13-09
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0010 Crime Category 2

The following offenses are classified at crime category 2 on the Crime Seriousness Scale:

(1) CONTROLLED SUBSTANCE OFFENSES – See division 19.

(2) CANNABIS OFFENSES – See division 21.

(3) ORS Chapter 59 — BLUE SKY LAWS & SECURITIES LAWS* — (C).

(4) ORS 164.055 — THEFT I* — (C).

(5) ORS 164.065 — THEFT OF LOST/MISLAID PROPERTY * — (C).

(6) ORS 164.075 — THEFT BY EXTORTION* — (B).

(7) ORS 164.085 — THEFT BY DECEPTION* — (C).

(8) ORS 164.125 — THEFT OF SERVICES* — (C).

(9) ORS 164.135 — UNAUTHORIZED USE OF VEHICLE* — (C).

(10) ORS 164.138 — CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* — (C).

(11) ORS 164.140(4) — POSSESSION OF RENTED PROPERTY* — (C).

(12) ORS 164.215 — BURGLARY II* — (C).

(13) ORS 164.315 — ARSON II* — (C).

(14) ORS 164.365 — CRIMINAL MISCHIEF I* — (C).

(15) ORS 164.377(5) — COMPUTER FRAUD (LOTTERY)* — (C).

(16) ORS 164.377(5) — COMPUTER CRIME* — (C).

(17) ORS 164.868 — UNLAWFUL LABEL SOUND RECORDING* — (C).

(18) ORS 164.869 — UNLAWFUL RECORD LIVE PERFORMANCE* — (C).

(19) ORS 164.872 — UNLAWFUL LABEL VIDEOTAPE* — (C).

(20) ORS 164.889 — INTERFERE W/AGRICULTURAL RESEARCH* — (C).

(21) ORS 165.013 — FORGERY I — (C).

(22) ORS 165.022 — CRIMINAL POSSESSION FORGED INSTRUMENT I* — (C).

(23) ORS 165.055(3)(A) — CREDIT CARD FRAUD* — (C).

(24) ORS 165.065 — NEGOTIATING BAD CHECKS* — (C).

(25) ORS 165.074 — UNLAWFUL FACTORING PAYMENT CARD * — (C).

(26) ORS 165.085 — SPORTS BRIBERY — (C).

(27) ORS 165.090 — RECEIVING SPORTS BRIBE — (C).

(28) ORS 165.579 — CELLULAR COUNTERFEIT II — (C).

(29) ORS 165.800 — IDENTITY THEFT* — (C).

(30) ORS 165.813 — UNLAWFUL POSSESSION FICTICIOUS ID — (C).

(31) ORS 166.642 — FELON POSSESS SOFT BODY ARMOR — (C).

(32) ORS 167.164 — POSSESS GRAY MACHINE — (C)

(33) ORS 167.167 — CHEATING AT GAMBLING — (C).

(34) ORS 167.388 — INTERFERE LIVESTOCK PRODUCTION* — (C).

(35) ORS 305.091 — UNAUTHORIZED USE OR DISCLOSURE BY STATE OFFICER OR EMPLOYEE OF INFORMATION PERTAINING TO DELINQUENT DEBTOR TRANSMITTED TO OR FROM DEPARTMENT OF REVENUE THROUGH DATA MATCH SYSTEM — (C). (If offender knowingly causes economic loss of less than $1,000.)

(36) ORS 411.630 — OBTAINING PUBLIC ASSISTANCE UNLAWFULLY — (C).

(37) ORS 411.840 — OBTAIN/USE FOOD STAMPS UNLAWFULLY — (C).

(38) ORS 496.992(10) — VIOLATION OF WILDLIFE LAWS — (C).

(39) ORS 647.145 — TRADEMARK COUNTERFEITING II* — (C).

(40) ORS 647.150 — TRADEMARK COUNTERFEITING I* — (B).

(41) ORS 807.500 — UNLAWFUL PRODUCTION ODOT ID CARDS — (C).

(42) ORS 811.125 — ORGANIZE SPEED RACING EVENT — (C).

(43) ORS 811.540 — FELONY ATTEMPTING TO ELUDE (in a vehicle) — (C).

(44) ORS 819.300 — POSSESSION OF STOLEN VEHICLE* — (C).

(45) * Property offenses marked with an asterisk shall be ranked at Crime Category 2 if the value of the property stolen or destroyed was less than $1,000.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 164.889, 166.642, 2003 OL Ch. 383, 453, 550, 632, 633, 2007 OL Ch. 684, SB 254 (2017), SB 302 (2017), SB 323 (2017) & HB 2328 (2019)
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-017-0011 Crime Category 1

The following offenses are classified at crime category 1 on the Crime Seriousness Scale:

(1) DRUG POSSESSION/PERSONAL USE (See division 19.)

(2) CANNABIS OFFENSES – See division 21.

(3) ORS 163.515 — BIGAMY — (C).

(4) ORS 163.525 — INCEST — (C). (If the incestuous relationship is between adults; otherwise CC 6.)

(5) ORS 166.450 — ALTERING FIREARM ID. — (C).

(6) ORS 166.651 — THROW OBJECT OFF OVERPASS — (C).

(7) ORS 166.660 — UNLAWFUL PARAMILITARY ACTIVITY — (C).

(8) ORS 167.212 — TAMPERING W/ DRUG RECORDS — (C).

(9) ORS 332.480(2) — DISTRIBUTE CIGARETTES W/OUT LICENSE — (C).

(10) ORS 332.480(3) — FALSE REPORT/CIGARETTE TAX — (C).

(11) ORS 332.480(4) — UNLAWFUL TRANSPORT UNTAXED CIGARETTES — (C)

(12) ORS 432.993 — UNLAWFUL USE OF A VITAL RECORD OR REPORT — (C).

(13) ORS 468.953 — SUPPLY FALSE INFO TO AGENCY (ENVIRONMENTAL) — (C).

(14) ORS 475.993(2)(a) — FAILURE TO MAINTAIN RECORDS OF CONTROLLED SUBSTANCES — (C).

(15) ORS 702.032 — INDUCING AN ATHLETE/CONTRACT — (C).

(16) ORS 702.042 — ATHLETIC AGENT NOTICE REQUIREMENT — (C).

(17) ORS 717.905(2) — FALSE STATEMENT MONEY TRANSMISSION — (C).

(18) ORS 717.905(3) — ENGAGE MONEY TRANSMISSION W/OUT LICENSE — (C).

(19) ORS 803.080 — UNLAWFULLY PUBLISHING CERTIFICATE OF TITLE — (C).

(20) ORS 803.230 — FORGE/ALTER VEHICLE TITLE/REG. — (C).

(21) ORS 822.605 — FALSE SWEARING VEHICLE BUSINESS — (C).

(22) 2003 Oregon Laws Ch 484 — FORCIBLE RECOVERY OF FIGHTING BIRD — (C).

(23) 2003 Oregon Laws Ch 804 — FALSE RECEIPT/INVOICE CIGARETTE SALES — (C).

(24) 2003 Oregon Laws Ch 804 — DISTRIBUTE TOBACCO PRODUCTS W/OUT — (C).

(25) 2003 Oregon Laws Ch 804 — LICENSE FALSE REPORT/TOBACCO PRODUCTS TAX — (C).

(26) 2003 Oregon Laws Ch 804 — UNLAWFUL TRANSPORT UNTAXED — (C).

(27) 2003 Oregon Laws Ch 804 — TOBACCO PRODUCTS FALSE RECEIPT/INVOICE TOBACCO — (C).

(28) 2003 Oregon Laws Ch 804 — PRODUCTS SALES UNLAWFUL TOBACCO DELIVERY SALES — (U).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 332.480 & 2003 OL Ch. 453, 484, 804, HB 3400 (2015), HB 4014 (2016), SB 302 (2017) & HB 2355 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Division 18 OFFENSE SUBCATEGORIES

Or. Admin. R. 213-018-0000 Offense Subcategories

(1) The offenses in this division have been divided into different sub-categories for the Crime Seriousness Scale of the grid. The statutory definition of each offense in this Division captures a wide spectrum of criminal conduct. The following offense sub-categories have been identified to classify the most common forms of these statutory offenses. Consequently, each sub-category includes a unique set of offense-specific characteristics that represents a different degree of crime seriousness for sentencing purposes.

(2) The sub-categorized offenses are presented in alphabetical order.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0005 Abandonment of a Child (ORS 163.535)

(1) CRIME CATEGORY 7: Abandonment of a Child shall be ranked at Crime Category 7 if the child victim was placed in immediate danger as a consequence of the offender’s criminal conduct.

(2) CRIME CATEGORY 3: Abandonment of a Child shall be ranked at Crime Category 3, if it cannot be ranked at Crime Category 7.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0010 Aggravated Theft (ORS 164.057)

(1) CRIME CATEGORY 6: Aggravated Theft shall be ranked at Crime Category 6 if the amount of loss caused by the criminal conduct was more than $50,000.

(2) CRIME CATEGORY 5: Aggravated Theft shall be ranked at Crime Category 5 if it cannot be ranked at Crime Category 6.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0012 Animal Neglect II (Felony) (ORS 167.325)

(1) CRIME CATEGORY 7: Animal Neglect II (Felony) shall be ranked at Crime Category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.325(3)(a) or (3)(c).

(2) CRIME CATEGORY 6: Animal Neglect II (Felony) shall be ranked at Crime Category 6 if 11 to 40 animals were the subject of the neglect.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 6 (2013)
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14

Or. Admin. R. 213-018-0013 Animal Neglect I (Felony) (ORS 167.330)

(1) CRIME CATEGORY 7: Animal Neglect I (Felony) shall be ranked at Crime Category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.330(3)(a) or (3)(c).

(2) CRIME CATEGORY 6: Animal Neglect I (Felony) shall be ranked at Crime Category 6 if 10 to 40 animals were the subject of the neglect.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 6 (2013)
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14

Or. Admin. R. 213-018-0015 Arson I (ORS 164.325)

(1) CRIME CATEGORY 10: Arson I shall be ranked at Crime Category 10 if the commission of the offense represented a threat of serious physical injury.

(2) CRIME CATEGORY 9: Arson I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10, and the amount of damage caused by the criminal conduct was $50,000 or more.

(3) CRIME CATEGORY 8: Arson I shall be ranked at Crime Category 8 if it cannot be ranked at Crime Category 10, and the amount of damage caused by the criminal conduct was $25,000 or more but less than $50,000.

(4) CRIME CATEGORY 7: Arson I shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8, 9 or 10.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0020 Assault I (ORS 163.185)

(1) CRIME CATEGORY 10: Assault I shall be ranked at Crime Category 10 if the offender violated ORS 163.185(1)(b) or if the victim(s) did not substantially contribute to the commission of the offense by precipitating the attack.

(2) CRIME CATEGORY 9: Assault I shall be ranked at Crime Category 9 if the victim(s) substantially contributed to the commission of the offense by precipitating the attack.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 2-2006, f. 6-27-06, cert. ef. 7-1-06
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0022 Assault III (ORS 163.165)

(1) CRIME CATEGORY 8: Assault III shall be ranked at Crime Category 8 if the assault resulted from the operation of a motor vehicle and defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

(2) CRIME CATEGORY 6: Assault III shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 8.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 137.667 - 137.669, 2009 OL Ch. 660 & HB 2721 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 5-2009, f. 12-11-09, cert. ef. 12-13-09
CJC 4-2009(Temp), f. & cert. ef. 9-16-09 thru 3-14-10

Or. Admin. R. 213-018-0025 Burglary I (ORS 164.225)

(1) CRIME CATEGORY 9: Burglary I shall be ranked at Crime Category 9 if any of the following factors were included in the commission of the offense:

(a) The offender was armed with a deadly weapon; or

(b) The offender caused or threatened physical injury to the victim.

(2) CRIME CATEGORY 8: Burglary I shall be ranked at Crime Category 8 if:

(a) The offender did not cause or threaten physical injury to the victim and did not possess a deadly weapon (CC 9); but

(b) The offense was committed in an occupied dwelling.

(3) CRIME CATEGORY 7: Burglary I shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8 or 9.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0030 Buying or Selling the Custody of a Minor (ORS 163.157)

(1) CRIME CATEGORY 8: Buying or Selling the Custody of a Minor shall be ranked at Crime Category 8 if the conduct is likely to endanger the health or welfare of the child, otherwise it shall be ranked at Crime Category 5.

(2) CRIME CATEGORY 5: Buying or Selling the Custody of a Minor shall be ranked at Crime Category 5 if it cannot be ranked at Crime Category 8.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0035 Coercion (ORS 163.275)

(1) CRIME CATEGORY 7: Coercion shall be ranked at Crime Category 7 if the offender threatened to cause physical injury (ORS 163.275(1)(a) or (b)).

(2) CRIME CATEGORY 6: Coercion shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 7.

(3) DRUG-RELATED OFFENSES. (See Division 19)

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 – ORS 137.669 & 2015 OL Ch. 751
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0036 Driving While Suspended/Revoked (Felony) (ORS 811.182)

(1) CRIME CATEGORY 6: Driving While Suspended/Revoked (Felony) shall be ranked at Crime Category 6 if the suspension or revocation resulted from:

(a) Any degree of murder, manslaughter, criminally negligent homicide, or an assault that caused serious physical injury, resulting from the operation of a motor vehicle; or

(b) Aggravated vehicular homicide or aggravated driving while suspended or revoked.

(2) CRIME CATEGORY 4: Driving While Suspended/Revoked (Felony) shall be ranked at Crime Category 4 if it cannot be ranked at Crime Category 6.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & HB 3194 (2013)
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14

Or. Admin. R. 213-018-0037 Felony Driving Under the Influence of Intoxicants (ORS 813.010(5) and 2011 Or Laws Ch 598)

(1) CRIME CATEGORY 6: Felony Driving Under the Influence of Intoxicants shall be ranked at Crime Category 6 under the circumstances described in ORS 813.010(5).

(2) CRIME CATEGORY 4: Felony Driving Under the Influence of Intoxicants shall be ranked at Crime Category 4 under the circumstances described in 2011 Or Laws ch 598.

History

Statutory/Other Authority: ORS 137.667 & ORS 813.012
Statutes/Other Implemented: ORS 137.667 - 137.669, ORS 813.012, 2011 Or Laws ch 1 & 2011 Or Laws ch 598.
CJC 2-2012, f. & cert. ef. 4-27-12

Or. Admin. R. 213-018-0038 HIT AND RUN (VEHICLE) (ORS 811.705)

(1) CRIME CATEGORY 8: Hit and Run shall be ranked at Crime Category 8 if a person suffers serious physical injury or dies as a result of the collision.

(2) CRIME CATEGORY 6: Hit and Run shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 8.

(3) The crime categories above as applied to the offense of Hit and Run (Vehicle) as set forth in HB 4055 (2018) are effective January 1, 2019.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667, 811.707, 2003 OL Ch. 453 & HB 4055 (2018)
Statutes/Other Implemented: ORS 137.667 - 137.669, 811.707, 2003 OL Ch. 453 & HB 4055 (2018)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

Or. Admin. R. 213-018-0040 Incest (ORS 163.525)

(1) CRIME CATEGORY 6: Incest shall be ranked at Crime Category 6 if one of the participants is less than eighteen years of age and the age differential between the two participants is more than three years.

(2) CRIME CATEGORY 1: Incest I shall be ranked at Crime Category 1 if it cannot be ranked at Crime Category 6.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0045 Inmate Possession of Weapon (ORS 166.275)

(1) CRIME CATEGORY 8: Inmate in possession of a weapon shall be ranked at Crime Category 8 if the weapon was a firearm.

(2) CRIME CATEGORY 7: Inmate in possession of a weapon shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0047 Manslaughter II (ORS 163.125)

(1) CRIME CATEGORY 9: Manslaughter II shall be ranked at Crime Category 9 if the manslaughter resulted from the operation of a motor vehicle and the driver of the motor vehicle was driving while under the influence of intoxicants.

(2) CRIME CATEGORY 8: Manslaughter II shall be ranked at Crime Category 8 if it cannot be ranked at Crime Category 9.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 815
Statutes/Other Implemented: ORS 137.667 & OL Ch. 815
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

Or. Admin. R. 213-018-0048 Negligent Homicide (ORS 163.145)

(1) CRIME CATEGORY 9: Negligent Homicide shall be ranked at Crime Category 9 if the homicide resulted from the operation of a motor vehicle and the driver of the motor vehicle was driving while under the influence of intoxicants.

(2) CRIME CATEGORY 8: Negligent Homicide shall be ranked at Crime Category 8 if it cannot be ranked at Crime Category 9.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 815
Statutes/Other Implemented: ORS 137.667 & 2003 OL Ch. 815
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

Or. Admin. R. 213-018-0050 Property Offenses

(1) The same offense seriousness subcategories shall be used for the following offenses ("property offenses"):

(a) Arson II (ORS 164.315);

(b) Blue Sky Laws and Securities Laws (ORS Chapter 59);

(d) Computer Crime (ORS 164.377(5), except for Theft of an Intimate Image under ORS 164.377(2)(c));

(e) Computer Fraud (Lottery) (ORS 164.377(5));

(f) Credit Card Fraud (ORS 165.055(3)(b));

(g) Criminal Mischief I (ORS 164.365);

(h) Criminal Possession of Forged Instrument I (ORS 165.022);

(i) Criminal Possession of a Rented or Leased Motor Vehicle (ORS 164.138);

(j) Forgery I (ORS 165.013);

(k) Identity Theft, (ORS 165.800);

(l) Interference with Agricultural Research, (ORS 164.889);

(m) Interference with Livestock Production (ORS 167.388);

(n) Negotiating Bad Checks (ORS 165.065);

(o) Possession of Rented Property (ORS 164.140(4));

(p) Possession of Stolen Vehicle (ORS 819.300);

(q) Theft by Deception (ORS 164.085);

(r) Theft by Extortion (ORS 164.075)(except if threat of physical injury (CC 7));

(s) Theft I (ORS 164.055);

(t) Theft of Lost/Mislaid Property (ORS 164.065);

(u) Theft of Services (ORS 164.125);

(v) Trademark Counterfeiting I and II, (ORS 647.150; 647.145);

(w) Unauthorized Use of Vehicle (ORS 164.135);

(x) Unlawful Factoring Payment Card (ORS 165.074);

(y) Unlawful Label Sound Recording (ORS 164.868);

(z) Unlawful Label Videotape (ORS 164.872);

(aa) Unlawful Record Live Performance (ORS 164.869).

(2) CRIME CATEGORY 6:

(a) Property offenses shall be ranked at Crime Category 6 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $50,000 or more, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

(b) ORS 165.055(4)(b) Credit Card Fraud shall be ranked at Crime Category 6 if the property stolen or attempted to be stolen was $50,000 or more.

(3) CRIME CATEGORY 5:

(a) Property offenses shall be ranked at Crime Category 5 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $10,000 or more but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

(b) ORS 164.377(2)(c) Computer Crime shall be ranked at Crime Category 5 if theft of an intimate image.

(c) ORS 165.055(4)(b) Credit Card Fraud shall be ranked at Crime Category 5 if the property stolen or attempted to be stolen was $10,000 or more but less than $50,000.

(4) CRIME CATEGORY 4: Property offenses shall be ranked at Crime Category 4 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $5,000 or more but less than $10,000; or

(b) For offenses charged under ORS 165.055(4)(b), the value of the property stolen or destroyed was $5,000 or more but less than $10,000; or

(c) The property stolen was a vehicle valued at $10,000 or more and used primarily for personal rather than commercial transportation.

(5) CRIME CATEGORY 3: Property offenses shall be ranked at Crime Category 3 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $1,000 or more but less than $5,000; or

(b) For offenses charged under ORS 165.055(4)(b), the value of the property stolen or destroyed was $1,000 or more but less than $5,000; or

(c) The property stolen was a vehicle valued at more than $1,000 but less than $10,000 and used primarily for personal rather than commercial transportation.

(6) CRIME CATEGORY 2: Property offenses shall be ranked at Crime Category 2 if they cannot be ranked at Crime Category 3, 4, 5, or 6.

History

Statutory/Other Authority: 2003 OL Ch. 453 & ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669, 164.889, 2003 OL Ch. 383, 2007 OL Ch. 684, 2015 OL Ch. 350 & HB 2328 (2019)
CJC 2-2019, amend filed 12/19/2019, effective 01/01/2020
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0055 Rape I (ORS 163.375)

(1) CRIME CATEGORY 10: Rape I shall be ranked at Crime Category 10 if one or more of the following factors was included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b) The offender caused or threatened to cause serious physical injury;

(d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) CRIME CATEGORY 9: Rape I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0058 Sexual Abuse II (ORS 163.425)

(1) CRIME CATEGORY 8: Sexual Abuse II under ORS 163.425(1)(a) shall be ranked at Crime Category 8 if the victim is incapable of consent due to being under 18 years of age, the offender is 21 years of age or older, and the offender was the victim’s coach at any time prior to the commission of the offense.

(2) CRIME CATEGORY 7: Sexual Abuse II shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8.

History

Statutory/Other Authority: ORS 137.667 & 2009 OL Ch. 876
Statutes/Other Implemented: ORS 137.667 - 137.669 & 2009 OL Ch. 876
CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10

Or. Admin. R. 213-018-0060 Sexual Penetration with Foreign Object (ORS 163.411)

(1) CRIME CATEGORY 10: Sexual Penetration with Foreign Object shall be ranked at Crime Category 10 if one or more of the following factors was included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b) The offender caused or threatened to cause serious physical injury;

(d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) CRIME CATEGORY 9: Sexual Penetration with Foreign Object shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0065 Sodomy I (ORS 163.405)

(1) CRIME CATEGORY 10: Sodomy I shall be ranked at Crime Category 10 if one or more of the following factors was included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b) The offender caused or threatened to cause serious physical injury;

(d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) CRIME CATEGORY 9: Sodomy I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0067 Strangulation (Felony) (ORS 163.187)

(1) CRIME CATEGORY 6: Felony Strangulation under ORS 163.187(4)(a) - (b) and (d) - (g) shall be ranked at Crime Category 6.

(2) CRIME CATEGORY 5: Felony Strangulation ORS 163.187(4)(c) shall be ranked at Crime Category 5 if the offense cannot be ranked at Crime Category 6.

(3) The crime categories above as applied to the offense of Strangulation as set forth in SB 1562 (2018) are effective January 1, 2019.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 1562 (2018)
CJC 1-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-018-0068 Subjecting Another Person to Involuntary Servitude I (2007 Oregon Laws Ch 811)

(1) CRIME CATEGORY 9: Subjecting Another Person to Involuntary Servitude I shall be ranked at Crime Category 9 if the offender caused or threatened to cause death or serious physical injury to a person.

(2) CRIME CATEGORY 6: Subjecting Another Person to Involuntary Servitude I shall be ranked at Crime Category 6 if the offender restrained or threatened to physically restrain a person.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667-137.669 & 2007 OL Ch. 811
CJC 1-2016, f. & cert. ef. 5-10-16
CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08

Or. Admin. R. 213-018-0070 Supplying Contraband (ORS 162.185)

(1) CRIME CATEGORY 7: Supplying Contraband shall be ranked at Crime Category 7 if the offender supplied a firearm or firearms as contraband.

(2) CRIME CATEGORY 6: Supplying Contraband shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 7 and the offender supplied one or more dangerous weapons (not including firearms) as contraband.

(3) CRIME CATEGORY 5: Supplying Contraband shall be ranked at Crime Category 5 if it cannot be ranked at either Crime Category 6 or 7 and the offender supplied a controlled substance or substances as contraband.

(4) CRIME CATEGORY 4: Supplying Contraband shall be ranked at Crime Category 4 if it cannot be ranked at Crime Category 5, 6 or 7.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0075 Extortion (ORS 164.075)

(1) CRIME CATEGORY 7: Extortion shall be ranked at Crime Category 7 if the offender threatened to cause physical injury to some person (ORS 164.075(1)(a)).

(2) CRIME CATEGORY 6: Extortion shall be ranked at Crime Category 6 if the offender threatened to report immigration status or suspected immigration status to law enforcement (ORS 164.075(1)(e)).

(3) OTHERWISE RATE AS A PROPERTY OFFENSE: Extortion shall be ranked as a Property Offense in Crime Categories 2, 3, 4, 5 or 6 as may be appropriate if it cannot be ranked at Crime Category 7 or 6 as described above.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 – 137.669 & HB 4128 (2016)
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0080 Theft by Receiving (ORS 164.095)

(1) CRIME CATEGORY 5: Theft by Receiving shall be ranked at Crime Category 5 if the offender was acting as part of an organized fencing operation.

(2) CRIME CATEGORY 3: Theft by Receiving shall be ranked at Crime Category 3 if it cannot be ranked at Crime Category 5.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0085 Trafficking in Stolen Vehicles (ORS 819.310)

(1) CRIME CATEGORY 6: Trafficking in Stolen Vehicles shall be ranked at Crime Category 6 if one or both of the following factors were included in the commission of the offense:

(a) The offender was acting as part of an organized operation; or

(b) The value of the property taken from one or more victims was greater than $50,000.

(2) CRIME CATEGORY 5: Trafficking in Stolen Vehicles shall be ranked at Crime Category 5 if it cannot be ranked at Crime Category 6.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-018-0090 Unlawful Possession of Soft Body Armor (ORS 166.643)

(1) CRIME CATEGORY 6: Unlawful Possession of Soft Body Armor shall be ranked at Crime Category 6 if the offender committed or was attempting to commit a person felony or a misdemeanor involving violence.

(2) CRIME CATEGORY 4: Unlawful Possession of Soft Body Armor shall be ranked at Crime Category 4 if it cannot be ranked at Crime Category 6.

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 166.643 & 2003 OL Ch. 453
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

Or. Admin. R. 213-018-0100 Unauthorized Use or Disclosure by State Officer or Employee of Information Relating to a Delinquent Debtor Transmitted to or From Department of Revenue Through Data Match System (ORS 305.091)

Unauthorized Use or Disclosure by State Officer or Employee of Information Relating to a Delinquent Debtor Transmitted to or From Department of Revenue Through Data Match System shall be ranked as follows:

(1) CRIME CATEGORY 6: If offender knowingly causes economic loss of $50,000 or more.

(2) CRIME CATEGORY 5: If offender knowingly causes economic loss of $10,000 or more but less than $50,000.

(3) CRIME CATEGORY 4: If offender knowingly causes economic loss of $5,000 or more but less than $10,000.

(4) CRIME CATEGORY 3: If offender knowingly causes economic loss of $1,000 or more but less than $5,000.

(5) CRIME CATEGORY 2: If offender knowingly causes economic loss of less than $1,000.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 254 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-018-0110 Unlawful Operation of Weaponized Unmanned Aircraft System (ORS 837.365(2))

Unlawful Operation of Weaponized Unmanned Aircraft System shall be ranked as follows:

(1) CRIME CATEGORY 8: If offender intentionally, knowingly, or recklessly operated an unmanned aircraft system in a manner that caused the system to function as a dangerous weapon and the operation caused serious physical injury to another.

(2) CRIME CATEGORY 6: If offender intentionally, knowingly, or recklessly operates an unmanned aircraft system:

(a) To fire a bullet or projectile; or

(b) In a manner that causes the system to function as a dangerous weapon.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & HB 3047 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Division 19 DRUG OFFENSE SUBCATEGORIES

Or. Admin. R. 213-019-0000 Offense Subcategories for Drug-Related Offenses

The following crime seriousness sub-classifications have been identified for drug-related offenses.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-019-0006 Crime Category 10 – Controlled Substance Offenses

ORS 164.342 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE I – (A): If offense represented threat of serious physical injury; otherwise CC 9, 8 or 7.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 323 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-019-0007 Crime Category 9 — Controlled Substance and Aggravated Drug Offenses

(1) ORS 164.342 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE I – (A): If offense did not represent a threat of serious physical injury (CC 10) and the economic loss is greater than $50,000; otherwise CC 8 or 7.

(2) ORS 475.908(2) CAUSING ANOTHER TO INGEST A CONTROLLED SUBSTANCE: Causing Another to Ingest a Controlled Substance shall be ranked at Crime Category 9 if the act is done with the intent to commit or facilitate a crime of violence.

(3) ORS 475.910(1) UNLAWFUL ADMINISTRATION OF A CONTROLLED SUBSTANCE (A): Unlawful Administration of a Controlled Substance shall be ranked at Crime Category 9 when the substance is a Schedule I or II controlled substance.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667, 475.986, 475.998 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 475.986, 475.998, 2003 OL Ch. 453, SB 302 (2017) & SB 323 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

Or. Admin. R. 213-019-0008 Crime Category 8 — Controlled Substance and Aggravated Drug Offenses

(1) ORS 164.342 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE I – (A): If the offense did not represent a threat of serious physical injury (CC 10) and economic loss is $25,000 or more but less than $50,000; otherwise CC 9 or CC 7.

(2) MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WITHIN 1000 FEET OF SCHOOL — As specified in ORS 475.900(1)(c).

(3) DELIVERY TO MINORS — ORS 475.906(1) or (2) — As specified in ORS 475.900(1)(e).

(4) ORS 167.262 USE OF MINOR IN CONTROLLED SUBSTANCE OR MARIJUANA ITEM OFFENSE: Using a minor in a drug offense shall be ranked in Crime Category 8 unless the minor is less than three (3) years younger than the offender, in which case the offense will be ranked in Crime Category 4.

(5) MANUFACTURE AND DELIVERY OF A CONTROLLED SUBSTANCE — SUBSTANTIAL QUANTITIES: As specified in ORS 475.900(1)(a).

(6) COMMERCIAL DRUG OFFENSE: As specified in ORS 475.900(1)(b).

(7) CAUSING ANOTHER TO INGEST A CONTROLLED SUBSTANCE: As specified in ORS 475.902(1).

(8) UNLAWFUL ADMINISTRATION OF A CONTROLLED SUBSTANCE: As specified in ORS 475.910(2).

(9) MANUFACTURE OF METHAMPHETAMINE: ORS 475.900(1)(d) is incorporated herein by reference.

(10) DISTRIBUTION OF EQUIPMENT, SOLVENT, REAGENT, OR PRECURSOR SUBSTANCE WITH THE INTENT TO FACILITATE THE MANUFACTURE OF A CONTROLLED SUBSTANCE: Violation of ORS 475.962 shall be classified at Crime Category 8.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667, 475.986, 475.998 & 2003 OL, Ch. 453 & HB 3194 (2013)
Statutes/Other Implemented: ORS 137.667 - 137.669, 475.986, 475.998, 2003 OL, Ch. 453, 2005 OL, Ch. 706 (HB 2485), 2005 OL, Ch. 708 (SB 907), HB 3194 (2013), HB 3400 (2015), HB 4014 (2016), SB 302 (2017), SB 323 (2017) & HB 2355 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02, Renumbered from 213-019-0001
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-019-0009 Crime Category 7 – Controlled Substance Offenses

ORS 164.342 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE I – (A): If the offense cannot be ranked at CC 8, 9 or 10.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 323 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-019-0010 Crime Category 6 — Controlled Substance and Major Drug Offenses

(1) ORS 164.338 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE II – (C): If the value of the property destroyed was $50,000 or more.

(2) DELIVERY OF A CONTROLLED SUBSTANCE FOR CONSIDERATION: ORS 475.900(2)(a) is incorporated herein by reference.

(3) POSSESSION OF SUBSTANTIAL QUANTITY OF CONTROLLED SUBSTANCE: As specified in ORS 475.900(2)(b).

(4) ORS 475.967 POSSESSION OF A PRECURSOR WITH THE INTENT TO MANUFACTURE: Possession of a Precursor Substance with the Intent to Manufacture a Controlled Substance shall be ranked at Crime Category 6.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667, 475.986, 475.998 & 2003 OL, Ch. 453, 2005 OL, Ch. 708 (SB 907) & HB 3194 (2013)
Statutes/Other Implemented: ORS 137.667 - 137.669, 475.967, 475.996 & 2003 OL, Ch. 453, HB 3194 (2013), SB 302 (2017), SB 323 (2017) & HB 2355 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02, Renumbered from 213-019-0002
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-019-0011 Crime Category 5 — Drug Offenses

(1) ORS 164.338 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE II – (C): If the value of the property destroyed was $10,000 or more but less than $50,000.

(2) ORS 475.910(3) Unlawful Administration of a Controlled Substance. Unlawful Administration of a Controlled Substance shall be ranked at Crime Category 5 when the substance is a Schedule IV controlled substance.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667 & 2003 OL Ch. 453
Statutes/Other Implemented: ORS 137.667 - 137.669, 475.986, 2003 OL Ch. 453, SB 302 (2017) & SB 323 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

Or. Admin. R. 213-019-0012 Crime Category 4 — Drug Offenses

(1) ORS 164.338 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE II – (C): If the value of the property destroyed was $5,000 or more but less than $10,000.(2) DELIVERY OR MANUFACTURE OF CONTROLLED SUBSTANCE: As specified in ORS 475.900(3)(a).

(3) ORS 167.262 USE OF MINOR IN CONTROLLED SUBSTANCE OR MARIJUANA ITEM OFFENSE: If the minor is less than three (3) years younger than the offender. In all other cases this offense shall be ranked in Crime Category 8.

(4) POSSESSION OR DISPOSAL OF METHAMPHETAMINE MANUFACTURING WASTE: Violation of ORS 475.977 shall be ranked at Crime Category 4.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667 & 475.900 & HB 3194 (2013)
Statutes/Other Implemented: ORS 137.667 - 137.669, 475.967, 475.996 & 2005 OL Ch. 706, 2005 OL Ch. 708, HB 3194 (2013), HB 3400 (2015), HB 4014 (2016), SB 302 (2017), SB 323 (2017) & HB 2355 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02, Renumbered from 213-019-0003
CJC 1-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 213-019-0013 Crime Category 3 – Controlled Substance Offenses

ORS 164.338 – ARSON INCIDENT TO MANUFACTURE OF A CONTROLLED SUBSTANCE II – (C): The value of the property stolen or destroyed was $1,000 or more but less than $5,000.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 323 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-019-0014 Crime Category 2 – Controlled Substance Offenses

ORS 164.338 – ARSON INCIDENT TO THE MANUFACTURE OF A CONTROLLED SUBSTANCE II – (C): If the value of the property destroyed was less than $1,000.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 323 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-019-0015 Crime Category 1 — Drug Offenses

POSSESSION OF CONTROLLED SUBSTANCE: As specified in ORS 475.900(3)(b).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.667, 2005 OL, Ch. 708 (SB 907) & ORS 475.900 & HB 3194 (2013)
Statutes/Other Implemented: ORS 137.667 - 137.669, HB 3194 (2013), HB 3400 (2015), HB 4014 (2016), SB 302 (2017) & HB 2355 (2017)
CJC 4-2018, amend filed 09/14/2018, effective 09/14/2018
CJC 3-2016, f. 12-29-16, cert. ef. 1-1-17
CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14
CJC 1-2006, f. & cert. ef. 4-12-06
CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06
CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02, Renumbered from 213-019-0004
CJC 1-1999, f. & cert. ef. 11-1-99

Division 20 EFFECTIVE

Or. Admin. R. 213-020-0001 Effective Date

As provided by Section 90, Chapter 790, Oregon Laws 1989, the rules of divisions 2 to 13 become effective on November 1, 1989.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 - 137.669
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-020-0001
SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89

Division 21 CANNABIS OFFENSE SUBCATEGORIES

Or. Admin. R. 213-021-0001 Crime Category 10

ORS 475B.359 – ARSON INCIDENT TO THE MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If offense represented threat of serious physical injury; otherwise CC 9, 8 or 7.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0002 Crime Category 9

(1) ORS 475B.359 – ARSON INCIDENT TO THE MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If offense did not represent a threat of serious physical injury (CC 10) and the economic loss is greater than $50,000; otherwise CC 8 or 7.

(2) ORS 475B.367 – CAUSING ANOTHER PERSON TO INGEST MARIJUANA – (A): As specified in ORS 475B.367.

(3) ORS 475B.371 – ADMINISTRATION TO ANOTHER PERSON UNDER 18 YEARS OF AGE – (A).

History

Statutory/Other Authority: ORS 137.667, ORS 475B.367 & ORS 475B.371
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0003 Crime Category 8

(1) ORS 167.262 – USE OF MINOR IN CONTROLLED SUBSTANCE OR MARIJUANA ITEM OFFENSE – (A): Unless the minor is less than three (3) years younger than the offender, in which case the offense will be ranked in Crime Category 4.

(2) ORS 475B.337 – UNLAWFUL POSSESSION BY PERSON 21 YEARS OF AGE OR OLDER – (C): As specified in ORS 475B.354.

(3) ORS 475B.341 – UNLAWFUL POSSESSION BY PERSON UNDER 21 YEARS OF AGE – (C): As specified in ORS 475B.354.

(4) ORS 475B.346 – UNLAWFUL DELIVERY OF MARIJUANA ITEM – (C): As specified in ORS 475B.354.

(5) ORS 475B.349 – UNLAWFUL MANUFACTURE OF MARIJUANA ITEM – (C): As specified in ORS 475B.354.

(6) ORS 475B.359 – ARSON INCIDENT TO THE MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If the offense did not represent a threat of serious physical injury (CC 10) and economic loss is $25,000 or more but less than $50,000; otherwise CC 9 or CC 7.

(7) ORS 475B.367 – CAUSING ANOTHER PERSON TO INGEST MARIJUANA – (B): As specified in ORS 475B.367.

History

Statutory/Other Authority: ORS 137.667, ORS 475B.354 & ORS 475B.367
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0004 Crime Category 7

ORS 475B.359 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT I – (A): If the offense cannot be ranked at CC 8, 9 or 10.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0005 Crime Category 6

ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was $50,000 or more.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0006 Crime Category 5

ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was $10,000 or more but less than $50,000.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0007 Crime Category 4

(1) ORS 167.262 – USE OF MINOR IN CONTROLLED SUBSTANCE OR MARIJUANA ITEM OFFENSE: If the minor is less than three (3) years younger than the offender. In all other cases this offense shall be ranked in Crime Category 8.

(2) ORS 475B.346 – UNLAWFUL DELIVERY OF MARIJUANA ITEM – (C): As specified in ORS 475B.354.

(3) ORS 475B.349 – UNLAWFUL MANUFACTURE OF MARIJUANA ITEM – (C): As specified in ORS 475B.354.

(4) ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was $5,000 or more but less than $10,000.

History

Statutory/Other Authority: ORS 137.667 & ORS 475B.354
Statutes/Other Implemented: ORS 137.667, ORS 475B.354 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0008 Crime Category 3

ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): The value of the property stolen or destroyed was $1,000 or more but less than $5,000.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0009 Crime Category 2

ORS 475B.363 – ARSON INCIDENT TO MANUFACTURE OF A CANNABINOID EXTRACT II – (C): If the value of the property destroyed was less than $1,000.

History

Statutory/Other Authority: ORS 137.667
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-021-0010 Crime Category 1

(1) ORS 475B.337 – UNLAWFUL POSSESSION BY PERSON 21 YEARS OF AGE OR OLDER – (C): As specified in ORS 475B.354.

(2) ORS 475B.341 – UNLAWFUL POSSESSION BY PERSON UNDER 21 YEARS OF AGE – (C): As specified in ORS 475B.354.

History

Statutory/Other Authority: ORS 137.667 & ORS 475B.354
Statutes/Other Implemented: ORS 137.667 & SB 302 (2017)
CJC 3-2018, adopt filed 08/06/2018, effective 08/06/2018

Division 30 THE IMPROVING PEOPLE'S ACCESS TO COMMUNITY-BASED TREATMENT, SUPPORTS, AND SERVICES (IMPACTS) PROGRAM

Or. Admin. R. 213-030-0011 Authority

These rules are promulgated pursuant to Sections 1 to 14, Chapter 563, 2019 Oregon Laws (Enrolled Senate Bill 973).

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0021 Purpose

The purpose of these rules is to administer the Improving People's Access to Community-Based Treatment, Supports, and Services Program (IMPACTS), established by Sections 1 to 14, Chapter 563, 2019 Oregon Laws.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0031 Definitions

As used in OAR 213-030-0010 to 213-030-0130, unless the context indicates otherwise:

(1) "Applicant" means a county, regional consortium, or federally recognized tribe

(2) "Awardee" means a county, regional consortium, or federally recognized tribe selected by the grant review committee for a grant award.

(3) "Behavioral health" means mental health and substance use disorders.

(4) "Community supports and services" means community-based mental health or substance use disorder treatment programs; community-based services necessary to restore a defendant's fitness to proceed, as described in ORS 161.370; evidence-based and tribal-based programs designed to reduce hospital and jail utilization by the target population; and programs aimed at diverting individuals with nonperson criminal charges experiencing mental illness or substance use disorders from the criminal justice systems.

(5) "County" means a single county or a regional collection of counties.

(6) "Federally recognized Indian tribe" means one of the federally recognized tribes of Oregon, including:

(a) Burns Paiute Tribe;

(b) Confederated Tribes of Coos, Lower Umpqua and Siuslaw;

(d) Confederated Tribes of Siletz Indians of Oregon;

(e) Confederated Tribes of the Umatilla Indian Reservation;

(f) Confederated Tribes of the Warm Springs Indian Reservation;

(g) Coquille Indian Tribe;

(h) Cow Creek Band of Umpqua Tribe of Indians; and

(i) Klamath Tribes.

(7) "Grant review committee" means the appointed body of persons organized to develop, administer, and evaluate the IMPACTS program.

(8) "Jail" means a local correctional facility used for the reception and confinement of prisoners that is provided, maintained, and operated by a county or multiple counties operating a regional complex, a city, or a tribal government, and holds persons for more than 36 hours.

(9) "Medical assistance" means eligibility for the Oregon Health Plan.

(10) "Outcome measure" means an element or elements to be tracked and quantitatively or qualitatively measured over a given period of time for the purposes of evaluating the efficacy of a program.

(11) "Permanent supportive housing" means lease-based, affordable housing with tenancy supports and other voluntary services that serve vulnerable populations, including people who are homeless or at risk of becoming homeless, and people who are institutionalized or at risk of institutionalization.

(12) "Program" means a program that is cost-effective as defined in ORS 182.515(2) that is an evidence based program as defined in ORS 182.515(3), that is a program as defined in ORS 182.515(4), and that utilizes scientifically based research as defined in ORS 182.515(5).

(13) "Program evaluations" means an assessment or study of community-based treatments, services, supports, or programs funded in whole or in part by IMPACTS funds. This includes assessments of alignment with evidence-based practices; studies, including scientific-based research studies, as defined in ORS 182.515(5); and similar process and outcome methods, models, and approaches.

(14) "Provider" means an individual, organizational provider as defined in ORS 430.637(1)(b), tribal organization, or community mental health provider, that holds a current certificate approved by the Oregon Health Authority, to provide behavioral health treatment services pursuant to these and applicable service delivery rules.

(15) "Regional consortium" means a regional combination of two or more counties or tribal governments applying for IMPACTS program funding as a single applicant for purposes of sharing resources to improve access to supports and services for the target population.

(16)"Target population" means individuals who receive services and supports funded through the IMPACTS program, have one or more behavioral health disorders, and are booked into a jail an average of four or more times in a one year period or are high utilizers of criminal justice resources, hospital or urgent healthcare resources, or institutional placements.

(17) "Technical assistance" means statewide programmatic support for the design and implementation of community-based supports and services, assistance provided to IMPACTS grantees for the purpose of meeting program goals, and investments to improve the collection of programmatic data and information sharing.

(18) "Treatment" means the planned, medically appropriate, individualized program of medical, psychological, and rehabilitative procedures, and experiences and activities designed to remediate symptoms of a Diagnostic and Statistical Manual of Mental Disorders diagnosis.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0041 Grant Applications

(1) The grant application cycle will be determined by the grant review committee.

(2) The grant review committee shall designate a percentage of the funds to be set aside and awarded to at least one federally recognized tribe.

(3) Applicants for IMPACTS funds must include the following in their applications:

(a) Letters of support and commitments from community leaders or organizations that are not members of the local public safety coordinating council, including but not limited to:

(A) Agencies working with homeless individuals;

(B) Behavioral health care providers;

(D) Local hospitals.

(b) A report of the input from the local federally recognized Indian tribe(s) and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services.

(c) An agreement to screen all participants receiving supports and services funded by the grants for potential eligibility for medical assistance and to assist eligible participants to apply for medical assistance, including an agreement for a process for sharing data and protecting the confidentiality of program participants.

(d) A process for program partners, participating jails and hospitals to:

(A) Provide information upon admission or at intake about the potential risks and benefits of tribal notification; and

(B) Offer tribal members the opportunity to disclose their statuses and situations to the federally recognized Indian tribe of their choosing.

(4) Applications from counties must be submitted by the local public safety coordinating council. Applications from federally recognized tribes must be submitted by the tribal government. Applications from regional consortia may be submitted by either the local public safety coordinating council or the tribal government of the applicant's choosing.

(5) If the local county commission requires county agencies to seek and receive county commission approval prior to applying for grant award funding, counties awarded funding must submit proof of county commission approval prior to receiving a first disbursement of funds.

(6) If a tribal government requires tribal government agencies to seek and receive tribal government approval prior to applying for grant award funding, federally recognized tribes awarded funding must submit proof of tribal government approval prior to receiving a first disbursement of funds.

(7) The grant review committee shall make award decisions based on the grant application review criteria provided in the "Grant Application Review Criteria" section of these rules.

(8) The grant review committee staff may communicate directly with an applicant to clarify the intent of an application's contents or to recommend modifications in furtherance of the purpose of the IMPACTS program.

(9) The grant review committee may, in its sole discretion, waive solicitation requirements or cancel any solicitation requirement in whole or in part if it deems such action to be in the best interests of the IMPACTS program.

(10) Within 75 days following the expiration of the grant application deadline, the grant review committee shall make award notifications to grantees. If there are extenuating circumstances, the grant review committee may, in its sole discretion, extend the deadline for award notification.

(11) If unallocated funds remain at the conclusion of the grant acceptance period, the grant review committee shall distribute all remaining funds in accordance with the "Supplemental Grant Period" section of these rules.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0051 Grant Application Review Criteria

The grant review committee shall review and evaluate each grant application based on the following criteria:

(1) The completeness of application, including whether the application includes all required information described herein and included within the online application.

(2) A program narrative and local system assessments, including:

(a) The overall responsiveness to IMPACTS program priorities, including but not limited to, the degree to which programs are designed to reduce the number of jail bookings and emergency department hospitalizations for the target population in favor of diversion to coordinated community-based treatment, supports, and services;

(b) The applicant's explanation of a method for identifying and serving members of the target population; and

(c) The applicant's explanation of how requested program supports and services would be integrated into existing behavioral health programs, including how they maximize Coordinated Care Organization engagement and how they do not supplant or duplicate existing sources of funding .

(3) A sustainability narrative, including whether an adequate description of the applicant's plans to sustain IMPACTS programs through multiple sources of program funding was provided; and

(4) Any other criteria included by the grant review committee in the request for grant proposals.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0061 Grant Application Processing

(1) The grant review committee will evaluate each application based on the criteria provided in the "Grant Application Review Criteria" section of these rules.

(2) The grant review committee will review each application and the recommendations of grant review committee staff. The grant review committee may reject portions of the application that fail to meet the criteria set forth in OAR 213-030-0050.

(3) The grant review committee will review and evaluate each application and provide a final approval or denial, in whole or in part. The grant review committee will notify applicants of an award decision within 75 days from the expiration of the grant application deadline. If there are extenuating circumstances, the grant review committee may, in its sole discretion, extend the deadline for award notification. The grant review committee staff will prepare a grant award agreement for each grant awarded, which will set forth the terms, conditions, and requirements of the grant award.

(4) The grant review committee may amend a grant award. After the grant is awarded, the grant review committee may amend the amount originally awarded based on non-compliance with the terms of the award or based on awardee's changed circumstances.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0071 Supplemental Grant Period

If unallocated funds remain at the conclusion of the grant period or become otherwise available, the grant review committee shall establish a supplemental grant period to distribute some or all of those unallocated funds. The grant review committee may:

(1) Use those funds to supplement and expand the scope of one or more grant programs that were awarded, without the need for further grant solicitation, but using the criteria provided in OAR 213-030-0050; or

(2) Issue a supplemental competitive grant application solicitation and allow applicants to submit applications, using the criteria and process provided in OAR 213-030-0040 through 213-030-0060.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0081 Subcommittees

(1) The grant review committee shall establish a quality improvement subcommittee, which will:

(a) Establish outcome measures or evaluation tools for programs receiving grants under the IMPACTS program; and

(b) Establish a statewide system for tracking simple, clear, and meaningful outcome data that is timely and easily accessed to inform best practices and improve outcomes for IMPACTS program participants.

(c) Data provided to the subcommittee may be used only for statistical purposes and may not be used for any other purpose. Any data received by the subcommittee that contains personally identifiable information is exempt from public disclosure under ORS 192.311 to 192.478. The subcommittee may enter into agreements with appropriate agencies or other entities to share data for specified purposes and with safeguards to restrict further disclosure

(2) The grant review committee shall establish a policy recommendation subcommittee, which will explore policy areas for further discussion which may include, but need not be limited to, diversion, laws, and other programs or projects intended to prevent the incarceration of individuals with mental health or sub-stance use disorders.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0091 Termination

(1) Each program that is funded will be monitored by grant review committee staff on an established basis and evaluated periodically by the grant review committee, based on the awardee's performance and progress towards the goals of IMPACTS program.

(2) The grant review committee may terminate an awardee's grant program award if that awardee fails to meet IMPACTS program requirements. Awardees failing to meet grant requirements during the grant period will be given notice and an opportunity to improve performance. The grant review committee may terminate the applicant's grant award prior to the end of the grant period if the awardee has not satisfactorily improved performance. An awardee's ability to meet grant requirements during the grant cycle in question may be a consideration in future grant cycle funding awards, including the amount of funding to be awarded.

(3) The grant review committee shall terminate an awardee's IMPACTS program award if that awardee has been found to have intentionally misused funds or committed fraud. Remaining undisbursed funds shall be reallocated to other eligible IMPACTS programs.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0101 Evaluations of Programs Funded

(1) Up to three percent of the total amount of IMPACTS funds may be used to support outcome measures, evaluations, or both.

(2) The grant review committee may select any or all IMPACTS programs for evaluation. Awardees selected for an evaluation shall partner with the grant review committee in order to successfully complete the evaluation of their program.

(3) Awardees selected for an evaluation shall contract with the grant review committee, or an entity approved by the grant review committee, to conduct such evaluation.

(4) Any evaluation funds not allocated or budgeted by July 1 of an even-numbered year shall be dispersed back to the counties and federally recognized tribes participating in IMPACTS programs.

(5) A program selected for evaluation shall have preference to be funded in future grant application cycles so long as study participants are still in the program.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0111 Use of Program Funds for Program Purposes Other Than Grant Awards

(1) The grant review committee shall determine a process for using up to 20 percent of the total amount of IMPACTS funding for operating a statewide program to support the design and implementation of community-based services. Programs may include, but are not limited to:

(a) Technical assistance to prospective grantees in developing proposals, particularly for developing proposals for supportive housing;

(b) Technical assistance to grantees for troubleshooting data collection requirements and sharing information with third parties as necessary for carrying out the programs;

(c) Statewide training, provided in-person and remotely, for grantees and non-grantees, focused on improving outcomes for the target population;

(d) Making resources available to district attorneys and defense attorneys for consultation on cases involving defendants with complex behavioral health issues;

(e) Developing or strengthening a centralized system to make available to communities for practitioners in professional specialties for which there is a shortage, including practitioners of addiction medicine and psychiatry; and

(f) A one-time investment in information technology to support the data system needs for the evaluation, accountability and innovation components of the program.

(2) The grant review committee may enter into contracts for goods and services to implement the program purposes listed in subsection one (1) of this section.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0121 Reports

(1) At least once per biennium, the grant review committee shall, in conjunction with the Oregon Health Authority, identify:

(a) The costs to state government that were avoided as a result of the IMPACTS program; and

(b) Any increased costs to local governments as a result of the IMPACTS program.

(2) No later than January 1 of each odd-numbered year, the grant review committee shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, which includes the costs described in subsection one (1) of this section and describes the methodology employed by the grant review committee in determining the costs.

(3) Annually, the grant review committee shall submit a report, in the manner provided in ORS 192.245, on the outcome measures or the results of evaluations of the IMPACTS program to the interim committees of the Legislative Assembly related to health and the judiciary and to the Governor.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Or. Admin. R. 213-030-0131 Grant Application and Award Protests; Administrative and Judicial Review

(1)(a) An applicant or potential qualifying applicant may protest or otherwise challenge the grant review committee's application process or award decisions, or both, by first requesting administrative review described herein.

(b) A timely, qualifying request for administrative review is necessary to satisfy the conditions of this section and a condition precedent to judicial review consistent with ORS 183.480.

(c) Failure to file a timely, qualifying request for administrative review with the grant review committee will constitute a failure to exhaust administrative remedies and terminate further rights to protest or otherwise challenge the solicitation process or any related grant review committee decision, including judicial review thereof by the court of competent jurisdiction.

(2)(a) An applicant under this section is a person who, or entity that, makes an application for an IMPACTS program funding award pursuant to a particular grant review committee solicitation.

(b) A potential qualifying applicant is a person who, or entity that, qualifies to make an application for an IMPACTS funding award under the terms of a solicitation with respect to the process of which it requests administrative review consistent with the terms of this section.

(3)(a) An applicant or potential qualifying applicant seeking to protest or otherwise challenge any aspect of the IMPACTS grant application process must request review by the grant review committee within 14 business days of the application due date of the solicitation.

(b) An applicant seeking to protest or otherwise challenge a decision by the grant review committee, such as, but not limited to, a funding award decision, must request review by the grant review committee of such decision within 14 days of the applicant's receiving notice from the grant review committee, or its staff, of that decision.

(4) Any request for review under this section must be in writing, specifically identifying:

(a) The nature of the protest requestor's interest, including the facts demonstrating how the requestor is adversely affected or aggrieved by the grant review committee's solicitation process or decision;

(b) Each of the grounds for review, meaning an explanation of the specific reasons that the grant review committee's solicitation process or decision was in error based on applicable law or rule, or based upon the language of the request for grant proposals;

(c) The relief sought, meaning the specific grant review committee process or decision point that the requestor seeks to change and what the change would provide the requestor;

(d) Any supporting information, relevant to the IMPACTS program application or solicitation, the requestor desires to have considered by the grant review committee.

(5) Protests may be submitted by mail or by email to the IMPACTS grant review committee staff person.

(6) The envelope or email containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the program the request concerns; and

(A) By mail at its office: Oregon Criminal Justice Commission, 885 Summer Street NE, Salem, Oregon 97301; or

(B) By email to cjcgrants@oregon.gov no later than 4:00 PM on the 14th day after the solicitation closing date or the applicant's receipt of notice from the grant review committee of the decision from which review is requested, whichever due date is applicable under this section.

(7) The applicant will be deemed to have received notice of a grant review committee decision upon the sooner of:

(a) Three days after the grant review committee's decision is mailed to the applicant;

(b) Two days after such decision is posted to the grant review committee's website;

(d) One business day after such decision is emailed to the applicant.

(8) The grant review committee may request additional information from the requestor with respect to the request and consider such other information as it deems appropriate.

(9) The grant review committee, upon receipt of notice of a solicitation or award protest, will endeavor to provide a written response to a timely, qualifying request for review within 30 days. If the grant review committee determines a response is not possible within 30 days, the grant review committee will notify the requestor as to when a response may be expected.

(10) Judicial review of the grant review committee's response to a timely, qualifying request for review shall be limited to those grounds the requestor raised with the grant review committee in the requestor's request for review.

(11) The filing of a request for review, or subsequent judicial review, if any, will not preclude the grant review committee from moving forward with the solicitation or the award of IMPACTS program funding thereunder. However, the grant review committee reserves the right to delay, terminate, modify, or take other action it determines to be appropriate with respect to a solicitation or any related award of IMPACTS program funding in response to a request for review or subsequent judicial review.

History

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14
CJC 1-2021, adopt filed 09/15/2021, effective 09/15/2021

Division 40 RESTORATIVE JUSTICE PROGRAM

Or. Admin. R. 213-040-0010 Authority

These rules are promulgated pursuant to Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204).

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0020 Purpose

The purpose of these rules is to administer the Restorative Justice Grant Program established pursuant to Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204).

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0030 Definitions

(1) "Advisory committee" means the committee organized pursuant to OAR 213-040-0040.

(2) "Commission" means the Oregon Criminal Justice Commission.

(3) Community-based organization" means a Tribe-affiliated organization that is based in the community and an independent entity from system partners, a nonprofit, or an organization that has a non-profit fiscal sponsor.

(4) "Outcome measure" means any objective, standard or goal to be tracked and quantitatively or qualitatively measured over a designated period to evaluate the efficacy of a program.

(5) "Private entity" means any corporation, trust, association, cooperative or other organization that is not a public entity or a system partner.

(6) "Program" means a restorative justice program administered by a private entity or a public entity.

(7) "Public entity" means

(a) any Tribe, and

(b) any Oregon "public body" as defined in ORS 174.109.

(8) "Restorative justice" means a community-based alternative to the criminal and juvenile legal systems that aims to center the needs of the harmed party and foster accountability within the responsible party without resorting to incarceration or criminal conviction.

(9) "Socially disadvantaged individual" means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individual's identity as a member of a group.

(10) "System partner" means an entity that operates within the criminal and juvenile legal systems, including but not limited to state and local law enforcement entities, county departments of community justice and state-run community corrections entities, state and municipal courts, district attorney offices, and criminal defense attorneys and criminal defense law firms or consortia.

(11) "Tribe" means one of the nine federally recognized Indian Tribes in Oregon.

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0040 Advisory Committee

(1) The Commission shall convene an advisory committee to evaluate and approve restorative justice grant awards. The grant award approval and authorization process is set forth in OAR 213-040-0070.

(2) The Commission may seek the advisory committee's input on other matters relating to the restorative justice grant program.

(3) The advisory committee shall consist of the following members:

(a) At least one individual who is a member of a Tribe;

(b) At least one individual who is a restorative justice practitioner;

(c) At least one individual who is a member of a community-based organization that promotes and supports the implementation of restorative justice principles and models;

(d) At least one individual who is actively engaged with the victim/survivor community in a non-government affiliated role;

(e) At least one individual who was previously incarcerated;

(f) At least one individual with expertise in trauma-informed practices;

(g) At least one member of the public with an interest in the implementation and practice of restorative justice principles and models;

(h) A representative from the Governor's Racial Justice Council or the Governor's Racial Justice Council's identified designee;

(i) A representative from the Oregon Criminal Defense Lawyers Association; and

(j) A representative from the Oregon District Attorneys Association.

(4) A majority of the members of the advisory committee constitutes a quorum for the transaction of business.

(5) Without preferring any particular demographic group, the Commission shall consider such factors, including but not limited to gender, geographic, ethnic, and racial diversity of the advisory committee members when convening the advisory committee.

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0050 Grant Applications

(1) The Commission shall determine the grant application cycle based on the availability of funds.

(2) Grant applicants may be either public or private entities.

(3) Grant applicants must:

(a) Provide or seek to provide restorative justice services within the State of Oregon;

(b) Demonstrate coordination with community-based organizations;

(d) Demonstrate how the applicant's program will:

(A) Center the experiences of those harmed;

(B) Encourage those who have caused harm to take responsibility and repair the harm; and

(C) Support persons who have been harmed, impacted community members, and responsible parties in identifying solutions that promote healing, including promoting dialogue and mutual agreement; and

(e) Provide a detailed description of the eligibility criteria utilized by the program to determine program participants.

(4) An ability to work collaboratively with system partners may be shown by demonstrating a willingness to communicate with or involve system partners in an applicant's program, and does not necessarily require involvement of system partners in the restorative justice program.

(5) Grant applicants may request to use up to 15 percent of grant funds payable under the grant for administrative costs, including activities such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by the Commission. Exceptions to this limitation may be granted by the Commission upon sufficient showing by the applicant.

(6) Grant applicants may request funding to facilitate the collection of program information as provided in OAR 213-040-0070(6)(b), as well as to conduct program evaluations. This may include funding for a partnership with a researcher or research entity.

(7) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part for all applicants if it deems such actions to be in the best interests of the Restorative Justice Grant Program.

(8) If unallocated funds remain at the conclusion of the grant acceptance period, the Commission shall distribute all remaining funds in the manner provided in OAR 213-040-0080.

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0060 Grant Application Review Criteria

(1) The advisory committee and the Commission shall review and evaluate each grant application based upon the following criteria:

(a) How well the grant application demonstrates the criteria in OAR 213-040-0050(3); and

(b) Any other criteria set forth in the request for grant applications.

(2) In evaluating and approving grant applications, the advisory committee and the Commission may give preference to applications that demonstrate that the applicant's program:

(a) Offers services that do one or more of the following:

(A) Engage in and serve rural or other historically underserved regions or areas in Oregon.

(B) Engage and provide culturally appropriate services to socially disadvantaged individual(s).

(b) Partners with a researcher or research entity to track and report on any outcome measures associated with the applicant's program;

(d) Addresses case types that carry a presumptive sentence of prison pursuant to the criteria in OAR 213-004-0001 through OAR 213-004-0013;

(e) Prioritizes funding for direct services to the party harmed and the person who committed the harm; or

(f) Does not disqualify program participants based on prior criminal history.

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0070 Grant Application Processing and Awards

(1) Commission staff will review each grant application using the criteria provided in OAR 213-040-0060 and the request for grant applications and will make recommendations to the advisory committee.

(2) The advisory committee will review and evaluate each grant application and the recommendations of the Commission staff and notify the Commission regarding which grant applications it has approved for award.

(3) The advisory committee may approve grant applications for an award in whole or in part. The advisory committee may reject portions of the grant application that do not meet the criteria in OAR 213-040-0060. When a portion of a grant is not approved, the advisory committee shall provide an explanation to the Commission of the advisory committee's reasoning for not approving that portion of the grant.

(4) The Commission will review and evaluate the grant applications approved for award by the advisory committee and determine whether to authorize a grant award to the approved applicants.

(5) If the Commission authorizes a grant award to an approved applicant, the Commission may authorize the grant award in whole or in part. The Commission may reject portions of the grant application that do not meet the criteria in OAR 213-040-0060.

(6) Applicants authorized for funding by the Commission must agree to perform grant reporting requirements, including:

(a) Submitting a financial report on a quarterly basis detailing expenditure of grant funds during the prior quarter; and

(b) Collecting and submitting program information to Criminal Justice Commission upon request, which may include but is not limited to outcome measures, program evaluation, demographic information pertaining to eligible and enrolled participants, satisfaction metrics for both the responsible and harmed parties, and data collected in partnership with a researcher or research entity.

(7) The Commission will notify grant applicants of the Commission's award decision within 75 business days after the grant application deadline. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification. Each applicant shall enter into a grant agreement with the Commission for each grant awarded. The grant agreement will set forth the terms, conditions, and requirements of the grant.

(8) The Commission may amend a grant award authorized under this rule to address new circumstances, funding opportunities, or other developments in the implementation of the grant.

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Or. Admin. R. 213-040-0080 Supplemental Grant Period

If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission may do one or more of the following:

(1) Use unallocated funds to supplement and expand the scope of one or more grant awards that were authorized, without the need for further grant solicitation, but using the criteria provided in OAR 213-040-0060; or

(2) Issue a supplemental competitive grant application solicitation, and allow for the submission of new applications, using the criteria and process set forth in OAR 213-040-0050 through -0070.

History

Statutory/Other Authority: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
Statutes/Other Implemented: Chapter 519, 2021 Oregon Laws (Enrolled House Bill 2204)
CJC 1-2022, adopt filed 02/03/2022, effective 02/03/2022

Division 50 RULES FOR COUNTIES TO ESTABLISH EXTENDED DETENTION PROGRAMS

Or. Admin. R. 213-050-0045 Authority

These rules are promulgated pursuant to ORS 169.090(2), 137.656(4), and 419C.453.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0050 Purpose

These rules are the minimum standards for the establishment, operation and review of extended detention programs serving juveniles pursuant to ORS 419C.453.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0055 Definitions

As used in OAR 213-050-0045 to 213-050-0080, unless the context indicates otherwise:

(1) "Committing Authority": The juvenile court of the county where the juvenile was adjudicated.

(2) "Extended Detention Period": As promulgated in ORS 419C.453, a period of detention exceeding eight days, but not more than 30 days.

(3) "Facility" means a detention facility as defined in ORS 419A.004.

(4) "Juvenile" means a person over whom the juvenile court has jurisdiction under ORS 419C.005 and who is eligible to be detained pursuant to ORS 419C.453.

(5) "Juvenile court" means the court having jurisdiction over cases under ORS 419A, 419B and 419C.

(6) "JCPAC" means the Juvenile Crime Prevention Advisory Committee established by ORS 417.845.

(7) "Program" means a specified array of services and activities that support a therapeutic goal for juveniles in need of a secure setting.

(8) "Program Plan" means the written rationale for an extended detention program along with the explanation of how the county will deliver the program in conformance with the minimum standards set forth in OAR 213-050-0060.

(9) "Qualified Professional" means a clinician certified in the service field by the state or federal government or approved through an insurance company.

(10) "Supervising Authority": The agency or department in the original county where the juvenile was adjudicated, or the department to which the case was transferred.

(11) "Therapeutic" means rehabilitative and calculated to enhance well-being through treatment and training.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0060 Minimum Standards for Extended Detention Programs

(1) A supervising authority ordered by the court to detain juveniles for an extended detention period pursuant to ORS 419C.453 must detain juveniles only in a detention facility which has an extended detention program plan approved by the JCPAC.

(2) The Juvenile Court, after hearing, must make written findings of fact as to the reasons a juvenile is committed to an extended detention program.

(3) The county governing body that operates the detention facility may designate the capacity available to be utilized for an extended detention program.

(4) The facility used for an extended detention program must meet the standards set by the Oregon Department of Corrections for the physical plant and general operation of juvenile detention programs pursuant to ORS Chapter 169.

(5) The program must be initiated for all juveniles ordered into extended detention immediately upon completion of orientation to the facility.

(6) The supervising authority of the juvenile in the extended detention program and the detention education provider must work with the local school before the juvenile’s release to share relevant education information to appropriately place the juvenile in an education setting.

(7) The extended detention programs must provide the following minimum services and activities to all juveniles placed in extended detention:

(a) Communication: Staff must be trained and available to speak with juveniles and provide a timely, responsive and respectful system for juveniles and staff to communicate;

(b) Community integration: The program staff must work with the Juvenile Department to plan for the transition of the juveniles back to the community;

(c) Cultural competency: The program must respect the ethnic diversity of the juveniles detained and provide equitable services;

(d) Data collection: The program must comply with the Juvenile Justice Information System (JJIS) requirements.

(e) Education: The detention facility must insure that educational programs are available to all juveniles placed in extended detention in conformance with Oregon Department of Education standards in OAR chapter 581. Participation by juveniles in educational programming must not be unnecessarily interrupted;

(f) Family outreach and involvement: The program staff must work with the Juvenile Department to involve the juveniles’ families in the program and in planning for the juveniles’ transition back to the community;

(g) Gender-specific services: The program must be responsive to the unique developmental issues and needs of the female and male juveniles receiving services;

(h) Program self-evaluation: The program must have a process for evaluating its philosophy, goals, methods, materials and outcomes in order to guide program improvement;

(i) Reading: Juveniles must be encouraged to read and must be afforded opportunities daily to read materials from the facility library. The library must contain materials for all reading levels;

(j) Recreation and Exercise: The program must provide for recreation and exercise that includes,

(A) At least one hour daily of structured recreation and exercise activities, not including the time spent watching television;

(B) A staff member or trained volunteer who coordinates and supervises the recreation activities and

(k) Religious services: The program must allow reasonable access within the detention facility to religious services requested by juveniles;

(l) Social services: The facility must allow access to social service providers to meet the needs of juveniles. These services must be provided by qualified professionals and may include, but not be limited to, individual and family counseling, health, mental health, drug and alcohol counseling, sex abuse and sex offender treatment, assessment and counseling, and crisis intervention services.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0065 Approval Process

(1) Extended Detention program plans submitted to the JCPAC must have prior approval from the Board of Commissioners and by the juvenile court judge of the county in which the facility operates.

(2) Program plans submitted to the JCPAC for approval must include:

(a) A statement of the rationale for the program, including:

(A) The juveniles intended for admission;

(B) The therapeutic goal(s);

(D) The screening criteria and screening process for admission;

(b) A description of the services and activities to be provided;

(c) A description of the staff positions, including number, responsibilities, and the required credentials, experience and training;

(d) A detailed explanation of how the county will deliver and review the program in conformance with the minimum standards set forth in OAR 213-050-0060;

(e) The written policies and procedures of the program;

(f) The daily schedule planned for the juveniles; and

(g) Documentation of:

(A) Prior approval by the Board of Commissioners and by the juvenile court judge of the county in which the facility operates;

(B) Compliance with the education standards set by the Oregon Department of Education;

(3) Program plans previously approved under rules adopted by the Oregon Commission on Children and Families or by the Oregon Criminal Justice Commission must be subject to review by the JCPAC under these permanent rules.

(4) The JCPAC or its designee must conduct an on-site visit of the facility prior to acting upon the application for approval.

(5) The JCPAC or its designee must approve or deny the application within 120 days of receipt and provide the county a decision in writing.

(6) The JCPAC may authorize the county to operate an extended detention program for a maximum of five years, subject to renewal of approval by JCPAC in the future.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0070 Modification, Review and Renewal

(1) A county operating an approved extended detention program must report to the JCPAC annually on forms provided by the JCPAC. The report must include a county statement as to whether the program continues to operate in conformance with the minimum standards set forth in OAR 213-050-0060.

(2) If a county operating an approved extended detention program wishes to make a substantial modification in its program, it must notify the JCPAC and obtain the JCPAC’s prior approval for the modification.

(3) The county’s request for approval of a modification must include a description of the modification, explanation of how with the modification the program will continue to operate in conformance with the minimum standards set forth in OAR 213-050-0060, and documentation of prior approval of the modification by the Board of Commissioners and juvenile court judge of the county in which the facility operates. Examples of substantial modifications include but are not limited to: change in the therapeutic goal, change in the intended population served or change from single sex to coed population.

(4) Prior to expiration of the approval period, a county may request the JCPAC to renew its approval of the extended detention program. The provisions of OAR 213-050-0065 apply to the renewal process.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0075 Suspension, Revocation or Refusal to Renew Approval

At any time the JCPAC may suspend, revoke or refuse to renew its approval of an extended detention program if the county fails to maintain the minimum standards in OAR 213-050-0060 or does not report annually as required by 213-050-0070(1). The JCPAC must notify the county, in writing, of any decision to suspend, revoke, or refuse to renew approval.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Or. Admin. R. 213-050-0080 Grievance Process

(1) Counties denied approval to operate an extended detention program, or whose approval has been suspended, revoked or not renewed, may grieve the decision to the JCPAC at its next available committee meeting.

(2) The county must submit a written explanation of the grievance at least seven days prior to the next available JCPAC meeting.

(3) A county representative must address the JCPAC regarding the grievance.

(4) The JCPAC must provide the county with a decision, in writing, of its decision on the grievance.

History

Statutory/Other Authority: ORS 169.090(2), 137.656(4) & 419C.453
Statutes/Other Implemented: ORS 169.090(2) & 419C.453
CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

Division 60 JUSTICE REINVESTMENT PROGRAM

Or. Admin. R. 213-060-0010 Authority

These rules are promulgated pursuant to Sections 52 to 56, Chapter 649, 2013 Oregon Laws (Enrolled House Bill 3194).

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0020 Purpose

The purpose of these rules is to administer the Justice Reinvestment Program established by Sections 52 to 56, Chapter 649, 2013 Oregon Laws.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0030 Definitions

As used in OAR 213‐060‐0010 to 213‐060‐0140, unless the context indicates otherwise:

(1) “Commission” means the Oregon Criminal Justice Commission.

(2) “Community-based programs” includes:

(a) Work release programs;

(b) Structured, transitional leave programs;

(c) Evidence-based programs designed to reduce recidivism that include the balanced administration of sanctions, supervision and treatment;

(d) Administering a reentry court under Section 29, Chapter 649, 2013 Oregon Laws;

(e) Specialty courts aimed at medium‐risk and high‐risk offenders; and

(f) Evidence-based policing strategies.

(3) “County” includes a regional collection of counties.

(4) “Grant Review Committee” means the Justice Reinvestment Grant Review Committee established under Section 53, Chapter 649, 2013 Oregon Laws.

(5) “Program” means a program that is cost-effective as defined in ORS 182.515(2) that is an evidence based program as defined in ORS 182.515(3), that is a program as defined in ORS 182.515(4), and that utilizes scientifically based research as defined in ORS 182.515(5).

(6) “Recidivism” has the meaning provided in ORS 423.557(1)(a).

(7) “Trauma informed services” means providing the foundation for a basic understanding of the psychological, neurological, biological, and social impact that trauma and violence have on individuals, while incorporating proven practices into current operations to deliver services that acknowledge the role that violence and victimization play in their lives.

(8) “Evaluations” means an assessment or study of sanctions, services, or programs funded in whole or in part by Justice Reinvestment Grant funds. This includes assessments of alignment with evidence-based practices; studies such as randomized controlled trials; quasi-experimental studies; and similar process and outcome methods, models, and approaches.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56
CJC 1-2019, amend filed 07/29/2019, effective 07/29/2019
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0050 Grant Applications

(1) The grant application cycle will be determined by the Commission. At the beginning of each grant application cycle, the Commission will determine the proportion of grant funds available to each county in accordance with the formula used to distribute baseline funding under ORS 423.483. The Commission will include those amounts in its grant application solicitation. Each qualifying county pursuant to criteria in subsection 213‐060‐0060 shall receive a grant award of no less than $100,000 per grant application cycle.

(2) Each county may submit only one application for a justice reinvestment grant to fund one or more community‐based programs. The application must be submitted by the local public safety coordinating council and include proof of approval by the county governing body.

(3) Each county must include in its application a statement of commitment to reduce recidivism and decrease the county’s utilization of imprisonment in Department of Corrections facilities while protecting public safety and holding offenders accountable from the relevant stakeholders of the service or program for which the county is requesting funding, including the district attorney, presiding judge, and community corrections director.

(4) The county may use up to 10 percent of the funds payable under the justice reinvestment grant for administrative costs, including activities such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by the Commission. Administrative costs may also include funds to incentivize compliance by law enforcement agencies with completing Uniform Crime Reporting and other timely law enforcement data collection activities.

(5) The Commission may communicate directly with an applicant to clarify the intent of its application or to recommend modifications in furtherance of the purpose of the Justice Reinvestment Program.

(6) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Justice Reinvestment Program.

(7) Within 90 days following the expiration of the grant application deadline, the Commission shall make award notifications to counties in accordance with these rules. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification.

(8) If unallocated funds remain at the conclusion of the grant acceptance period, the Commission shall distribute all remaining funds in the manner provided in OAR 213‐060‐0080.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019)
CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0060 Grant Application Review Criteria

The Grant Review Committee and the Commission will review and evaluate each grant application based on the following criteria:

(1) Whether the applicant’s program is designed to reduce recidivism of offenders.

(2) The extent to which the applicant’s county has historically reduced the utilization of imprisonment in Department of Correction facilities by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.935, 811.182, 813.010, or 813.011.

(3) Whether the applicant’s program is designed to reduce utilization of imprisonment by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.935, 811.182, 813.010, or 813.011.

(4) Whether the applicant’s program would increase public safety.

(5) Whether the applicant’s program would hold offenders accountable.

(6) For purposes of evaluating the portion of the grant to be distributed to community-based nonprofit organizations that provide services to victims of crime, whether the grant application illustrates how use of funds will positively impact victims. The Grant Review Committee and the Commission will review and evaluate each grant application based on the following criteria:

(a) Demonstrated need for the proposed services in the community to be served by the applicant with emphasis on services that target marginalized, underserved populations.

(b) Services address access barriers, such as, but not limited to: language, literacy, disability, cultural practices, and transportation issues.

(d) Demonstration that the award will be invested in trauma-informed services.

(e) Data collection, including, but not limited to, demographic information of victims served.

(7) Other criteria that the Commission chooses to include in the solicitation.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019)
CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0070 Grant Application Processing

(1) Commission staff will evaluate each county’s application based on the criteria provided in OAR 213‐060‐0060, and will make recommendations to the Grant Review Committee. If the recommendation by staff to the Grant Review Committee would be to not fund the grant proposal, the Commission staff shall first work with applicant to attempt to rehabilitate the application.

(2) The Grant Review Committee will review each county’s grant application and the recommendations of Commission staff, and notify the Commission regarding which applications it has approved. The Grant Review Committee may reject portions of the application that fail to meet the criteria set forth in OAR 213‐060‐0060. Approval by the Grant Review Committee is subject to final approval by the Commission. The Commission may either approve the grant application or return the application for reconsideration by the Grant Review Committee.

(3) Upon request of the Grant Review Committee, the Commission shall decline to grant the full grant amount requested by a county, provide technical assistance, withhold approved grant funds, or terminate further distribution of the grant award if a county does not reduce utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.980, 811.182, 813.010, or 813.011.

(4) The Commission will review and evaluate approvals of the Grant Review Committee, and provide a final approval or will return the application for reconsideration by the Committee. The Grant Review Committee may submit to the Commission, and the Commission may approve, provisional funding plans for counties applying for grants. The Commission will notify applicants of the decision of the Commission within 60 days from the expiration of the grant application deadline. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification. The Commission will prepare a grant award agreement for each grant awarded, which will set forth the terms, conditions, and requirements of the grant. The Commission may issue a provisional one year award with continued funding contingent upon improved performance and progress toward the goals of justice reinvestment as set forth in OAR 213‐060‐0060.

(5) The Commission may amend a grant awarded under this rule. After the grant is awarded the Commission may amend the amount originally awarded based on non‐compliance with the terms of the award. If the recommendation by staff to the Commission would be not to continue to fund the grant proposal, the Commission staff shall first work with applicant to attempt to rehabilitate the application.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019)
CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0080 Supplemental Grant Period

(1) If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission shall establish a supplemental grant period to distribute some or all of those unallocated funds. The Commission may:

(a) Use those funds to supplement and expand the scope of one or more grant programs that were awarded, without the need for further grant solicitation, but using the criteria provided in OAR 213‐060‐0060.

(b) Issue a supplemental competitive grant application solicitation, and allow counties to submit applications, using the criteria and process provided in OAR 213‐060‐0050 through 213‐060‐0070.

(2) If the funds remaining result from an action described in OAR 213-060-0070(3), priority for distribution of such funds shall be given to counties funding programs for historically underserved communities including rural communities, racial, ethnic and minority communities, and tribal communities. Rural counties may apply for supplemental grants in cooperation with other rural counties.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019)
CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0095 Community Based Victim Services Advisory Panel

(1) The Commission may appoint a Community Based Victim Services Advisory Panel, consisting of up to 9 members, taking into account regional representation, knowledge in the delivery of victim services, and diversity of experience in types of victim services.

(2) If the Commission appoints a panel as described in this section, the panel shall review each application for the grant criteria specified in OAR 213‐060‐0060(5f), and make recommendations to the Commission staff.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0130 Evaluating Efficacy; Termination; Report to Legislature

(1)(a) Each program that is funded will be evaluated by the Commission on a quarterly basis, based on the county’s performance and progress towards the goals of Justice Reinvestment as outlined in OAR 213‐060‐0060.

(b) A county that is not achieving criteria as outlined in OAR 213‐060‐0060 will be given notice and an opportunity to improve performance. The Commission may terminate the county’s grant award if the county has not satisfactorily improved performance.

(2) The Commission shall specifically assess the extent to which each county is reducing utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies described in ORS 137.717, 475.752 to 475.980, 811.182, 813.010, or 813.011.

(3) The Commission will report the results of the evaluation conducted under this rule to a committee of the Legislative Assembly related to the judiciary.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56 & HB 3064 (2019)
CJC 2-2020, amend filed 05/01/2020, effective 05/01/2020
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Or. Admin. R. 213-060-0140 Evaluations of Programs Funded

(1) The Commission may choose one or more Justice Reinvestment grants for a randomized controlled trial or other evaluation. Counties selected for a randomized controlled trial or other evaluation shall partner with the Commission in order to successfully complete the evaluation of their program.

(2) Up to three percent of the total amount of Justice Reinvestment Grant funds may be used to support randomized controlled trials or evaluations for grant awards selected for such evaluations. Subject to approval by the Commission, the funds may also be used to offset any increased costs to the county associated with undergoing a randomized controlled trial or other evaluation.

(3) A county selected for a randomized controlled trial or other evaluation shall contract with the Commission, or an entity approved by the Commission, to conduct such randomized controlled trial or other evaluation.

(4) Any randomized controlled trial or other evaluation funds not allocated or budgeted by July 1 of an even‐numbered year shall be dispersed back to the counties participating in the Justice Reinvestment Grant Program according to the formula provided in ORS 423.483.

(5) A program selected for randomized controlled trial or other evaluation shall have preference to be funded in future grant application cycles so long as study participants are still in the program.

(6) The Commission will report the results of evaluations conducted under this rule to a committee of the Legislative Assembly related to the judiciary and the Office of the Governor, and will post the report on the Commission’s website.

(7) In choosing programs for randomized controlled trials or other evaluations, the Commission will consider the following factors:

(a) The proposed program is promising and has the capability of being reproduced in other counties.

(b) The proposed program is capable of being evaluated through randomized controlled trials when taking into account sample size and other practical requirements.

(d) Studying the program will benefit the State and more broadly the field of criminal justice by adding to the body of knowledge currently available.

History

Statutory/Other Authority: 2013 OL Ch.649 § 52‐56
Statutes/Other Implemented: 2013 OL Ch.649 § 52‐56
CJC 1-2019, amend filed 07/29/2019, effective 07/29/2019
CJC 1-2017, f. & cert. ef. 8-16-17
CJC 2-2014, f. 12-9-14, cert. ef. 1-1-15

Division 71 RACIAL AND ETHNIC IMPACT STATEMENTS

Or. Admin. R. 213-071-0010 Rule Applicability

These rules apply to racial and ethnic impact statements requested on or after January 1, 2014.

History

Statutory/Other Authority: 2013 OL ch 600 § 1
Statutes/Other Implemented: ORS 137.656 & 2013 OL ch 600 § 1
CJC 2-2016, f. & cert. ef. 12-29-16

Or. Admin. R. 213-071-0015 Definitions

In OAR 213-071-0010 through -0020:

(1) “Criminal offender population” means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime.

(2) “Racial and ethnic impact statement” means a simple, impartial and understandable statement that describes the effects of proposed legislation on the racial and ethnic composition of the criminal offender population or recipients of human services.

(3) “Recipients of human services” means all persons who are found to be within the jurisdiction of the juvenile court under ORS 419B.100 or who receive child welfare services described in ORS 418.005.

History

Statutory/Other Authority: 2013 OL ch 600 § 1
Statutes/Other Implemented: ORS 137.656 & 2013 OL ch 600 § 1
CJC 2-2016, f. & cert. ef. 12-29-16

Or. Admin. R. 213-071-0020 Racial and Ethnic Impact Statements

(1) Upon receipt of a written request signed by one member of the Legislative Assembly from each major political party, the Commission shall prepare a racial and ethnic impact statement pertaining to proposed legislation.

(2) The racial and ethnic impact statement prepared by the Commission must include the following for racial and ethnic groups for which data are available:

(a) An estimate of how the proposed legislation would change the racial and ethnic composition of the criminal offender population or recipients of human services;

(b) A statement of the methodologies and assumptions used in preparing the estimate; and

(c) An estimate of the racial and ethnic composition of crime victims who may be affected by the proposed legislation, if the statement addresses the effect of the proposed legislation on the criminal offender population.

History

Statutory/Other Authority: 2013 OL ch 600 § 1
Statutes/Other Implemented: ORS 137.656 & 2013 OL ch 600 § 1
CJC 2-2016, f. & cert. ef. 12-29-16

Division 80 ILLEGAL MARIJUANA MARKET ENFORCEMENT GRANT PROGRAM

Or. Admin. R. 213-080-0010 Authority and Application

(1) These rules are promulgated pursuant to Sections 13 to 17, Chapter 103, 2018 Oregon Laws (Enrolled Senate Bill 1544); Sections 1 to 2, Chapter 3, 2021 Oregon Laws (Enrolled SB 893 - 2021 Second Special Session); and Sections 9 to 14, Chapter 117, 2022 Oregon Laws (Enrolled House Bill 4074).

(2) These rules apply beginning July 1, 2018.

History

Statutory/Other Authority: 2018 OL Ch.103 §13-17, 2021 OL Ch.3 §1-2 (Enrolled SB 893, 2021 Second Special Session) & 2022 OL Ch.117 §9-14 (Enrolled HB 4074)
Statutes/Other Implemented: 2018 OL Ch.103 §13-17, 2021 OL Ch.3 §1-2 (Enrolled SB 893, 2021 Second Special Session) & 2022 OL Ch.117 §9-14 (Enrolled HB 4074)
CJC 1-2024, amend filed 03/18/2024, effective 03/18/2024
CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0020 Purpose

The purpose of these rules is to administer the Illegal Marijuana Market Enforcement Grant Program established by Sections 13 to 17, Chapter 103, 2018 Oregon Laws.

History

Statutory/Other Authority: 2018 OL Ch.103 §13-17
Statutes/Other Implemented: 2018 OL Ch.103 §13-17
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0030 Definitions

As used in OAR 213-000-0010 to 213-080-0080, unless the context requires otherwise:

(1) “Applicant” means one or more units of local government, or one or more community-based organizations, that submit an application to the Commission for a grant under the Illegal Marijuana Market Enforcement Grant Program.

(2) “Business day” means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays.

(3) “Commission” means the Oregon Criminal Justice Commission.

(4) “Community-based organization” means a non-profit organization actively registered to do business in the State of Oregon, based in the community, independent from any unit of local government, and has and discloses to the state:

(a) A current determination letter from the Internal Revenue Service acknowledging tax exempt status for the organization under section 501(c) of the Internal Revenue Code; or

(b) A written fiscal sponsorship agreement with another non-profit organization actively registered to do business in the State of Oregon and that has received a determination letter from the Internal Revenue Service acknowledging tax exempt status under section 501(c)(3) of the Internal Revenue Code, and for which the organization providing fiscal sponsorship agrees to provide its tax-exemption and associated benefits to the community-based organization.

(5) “Large-scale” means illegal marijuana cultivation or distribution operations relative to the applicant's community that involve large quantities of illegal marijuana, quantities of illegal marijuana of significant monetary value, operations that take place over large geographic areas, or any combination of those circumstances.

(6) “Rural area” means a geographic area that is located at least 25 miles from any city with a population of 30,000 or more, or the entirety of a county with a population of less than 250,000 people, according to the most recent population statistics of the United States bureau of the census.

(7) “Humanitarian crisis” means a set of circumstances that directly impact individuals who have been recruited, harbored, transported, or otherwise obtained, through threat of force or use of force, fraud, or coercion, for the purposes of subjecting individuals to wage theft, involuntary labor, involuntary servitude, peonage, debt bondage, slavery, or other forced or coerced performance of duties or acts related to or occurring during unlawful marijuana cultivation or distribution operations.

History

Statutory/Other Authority: 2022 OL Ch. 117 §9-13, HB 4074 (2022 Regular Session)
Statutes/Other Implemented: 2021 OL Ch. 3 §1-2, SB 893 (2021 Second Special Session)
CJC 4-2024, amend filed 05/16/2024, effective 05/16/2024
CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022
CJC 1-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0040 Grant Applications

(1) The grant application cycle is determined by the Commission and identified in the Illegal Marijuana Market Enforcement Grant Program solicitation.

(2) One or more units of local government or community-based organizations may submit applications in response to the solicitation for the Illegal Marijuana Market Enforcement Grant Program individually or jointly.

(3) An Applicant may use up to 10 percent of the funds payable under the Illegal Marijuana Market Enforcement Grant Program for grant-related administrative costs, including activities such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by the Commission. Administrative costs may also include funds to pay for grant-related data collection activities.

(4) The Commission may communicate directly, or through its program staff, with an Applicant to clarify the intent of its application or to recommend modifications in furtherance of the purposes of the Illegal Marijuana Market Enforcement Grant Program.

(5) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Illegal Marijuana Market Enforcement Grant Program.

(6) If unallocated funds remain at the conclusion of the grant acceptance period, the Commission shall distribute all remaining funds in the manner provided in OAR 213-080-0070.

History

Statutory/Other Authority: 2022 OL Ch. 117 §9-14, HB 4074 (2022 Regular Session)
Statutes/Other Implemented: 2022 OL Ch. 117 §9-14, HB 4074 (2022 Regular Session)
CJC 4-2024, amend filed 05/16/2024, effective 05/16/2024
CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0050 Grant Application Review Criteria

The Commission shall review and evaluate each grant application based on the following criteria:

(1) The grant application must demonstrate how grant funds are spent on costs incurred by local law enforcement agencies and district attorneys in addressing and prosecuting unlawful marijuana cultivation or distribution operations.

(2) In awarding grants, the Commission will prioritize grant applications that demonstrate how financial assistance and support to local law enforcement agencies and district attorneys will address any or all of the following:

(a) Rural areas of this state;

(b) Large-scale unlawful marijuana cultivation or distribution operations;

(d) Operations that divert marijuana outside of this state; and

(e) Coordination with community-based organizations that provide assistance to or services for individuals subject to the ongoing humanitarian crisis associated with unlawful marijuana cultivation or distribution operations.

(3) In reviewing grant applications, the Commission may give preference to applications that demonstrate that an Applicant will:

(a) Participate in training opportunities that assist the Applicant in addressing and prosecuting unlawful marijuana cultivation or distribution operations;

(b) Address cases that require complex financial forensic accounting;

(d) Collaborate with other local governments and agencies to achieve multi-jurisdictional outcomes consistent with the criteria described in OAR 213-080-0050;

(e) Provide access to trauma-informed and culturally- and linguistically-specific and responsive services to persons affected by the ongoing humanitarian crisis associated with the illegal marijuana market.

(4) Other criteria that the Commission chooses to include in the solicitation.

History

Statutory/Other Authority: 2021 OL Ch. 3 §1-2, SB 893 (2021 Second Special Session)
Statutes/Other Implemented: 2022 OL Ch. 117 §9-14, HB 4074 (2022 Regular Session)
CJC 4-2024, amend filed 05/16/2024, effective 05/16/2024
CJC 3-2022, temporary amend filed 04/20/2022, effective 04/20/2022 through 10/16/2022
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0060 Grant Application Processing and Awards

(1) Commission staff shall evaluate each application based on the criteria provided in OAR 213-080-0050, and the solicitation (if any), and will make recommendations to the Commission.

(2) The Commission shall review each grant application and the recommendations of Commission staff, and provide final approval in whole or in part. The Commission may reject portions of the application that fail to meet the criteria set forth in OAR 213-080-0050.

(3) The Commission shall notify Applicants of the decision of the Commission within 60 business days from the expiration of the grant application deadline. If there are extenuating circumstances, the Commission may, in its sole discretion, extend the deadline for award notification. The Commission shall prepare a grant award agreement for each grant awarded, which will set forth the terms, conditions, and requirements of the grant. The Commission may issue a provisional award with continued funding contingent upon improved performance and progress towards the criteria set forth in OAR 213-080-0050.

(4) The Commission may amend or adjust a grant awarded under this rule to address new circumstances, funding opportunities, or other developments in the implementation of a grant. After the grant is awarded the Commission may amend the amount originally awarded.

History

Statutory/Other Authority: 2018 OL Ch.103 §13-17
Statutes/Other Implemented: 2018 OL Ch.103 §13-17
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0070 Supplemental Grant Period

(1) If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission may use unallocated funds to supplement and expand the scope of one or more grants that were awarded, without the need for further grant solicitation, but using the criteria provided in OAR 213-080-0050.

(2) If unallocated funds remain at the conclusion of the grant acceptance period or become available during the biennium, the Commission may use unallocated funds to issue a supplemental competitive grant application solicitation, and allow for the submission of new applications, using the criteria and process provided in OAR 213-080-0040 through 213-080-0070.

History

Statutory/Other Authority: 2018 OL Ch.103 §13-17
Statutes/Other Implemented: 2018 OL Ch.103 §13-17
CJC 2-2022, minor correction filed 04/20/2022, effective 04/20/2022
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Or. Admin. R. 213-080-0080 Evaluating Efficacy; Report to the Legislature

(1) Local law enforcement programs and services that are funded by the grant will be evaluated by the Commission based on the effectiveness of the programs and services at curtailing the unlawful marijuana market in Oregon.

(2) Not later than January 1, 2020, and not later than January 1 each year thereafter, the Commission will submit a report on the status and effectiveness of the Illegal Marijuana Market Enforcement Grant Program to the interim committees of the Legislative Assembly related to the judiciary.

History

Statutory/Other Authority: 2018 OL Ch.103 §13-17
Statutes/Other Implemented: 2018 OL Ch.103 §13-17
CJC 2-2018, adopt filed 08/06/2018, effective 08/06/2018

Division 90 Organized Retail Theft

Or. Admin. R. 213-090-0010 Authority and Application

(1) These rules are promulgated pursuant to Sections 1 to 2, Chapter 582, 2023 Oregon Laws. (Enrolled Senate Bill 900).

(2) These rules apply beginning January 1, 2024.

History

Statutory/Other Authority: Statutory/Other Authority: 2023 OL Ch.582 §1-2
Statutes/Other Implemented: Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0020 Purpose

The purpose of these rules is to administer the Organized Retail Theft Grant Program established by Sections 1 to 2, Chapter 582, 2023 Oregon Laws

History

Statutory/Other Authority: Statutory/Other Authority: 2023 OL Ch.582 §1-2
Statutes/Other Implemented: Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0030 Definitions

As used in OAR 213-090-0010 to 213-090-0090, unless the context requires otherwise:

(1) “Applicant” means cities and counties, that submit an application to the Commission for a grant under the Organized Retail Theft Grant Program, and the Oregon Department of Justice.

(2) “Commission” means the Oregon Criminal Justice Commission.

(3) "Grantee acceptance period” means the period of time commencing when an applicant receives notice, in writing, from the Commission, that the Commission has decided to award the applicant grant funds, and concluding when an applicant has returned an executed grant agreement to the Commission.

(4) “Organized retail theft” has the meaning set forth in ORS 164.098.

History

Statutory/Other Authority: 2023 OL Ch.582 §1-2 & 2025 SB 236 Section 24
Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 2-2026, amend filed 04/22/2026, effective 04/22/2026
CJC 3-2025, temporary amend filed 08/20/2025, effective 08/20/2025 through 02/15/2026
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0040 Competitive Grant Application Requirements

(1) The grant application cycle is determined by the Commission and identified in the Organized Retail Theft Grant Program solicitation.

(2) One or more cities, counties, or any combination thereof, may jointly submit applications in response to the solicitation for the Organized Retail Theft Grant Program.

(3) City or county applicants must seek to fund the costs incurred by local law enforcement agencies in addressing organized retail theft.

(4) Applications must:

(a) Articulate a strategy for using grant funds to investigate, disrupt, deter or reduce organized retail theft in the applicant’s jurisdiction.

(b) Describe the jurisdiction the applicant seeks to serve with grant-funded initiatives. Applicants may apply to serve more than one jurisdiction.

(d) Demonstrate collaboration between retailers, law enforcement agencies, community groups, or associations impacted by organized retail theft to measure whether grant-funded initiatives are reducing theft over time. Collaboration for these grant purposes does not require funds sharing.

(e) Describe time-based goals specific to the impacts grant-funded initiatives aim to have on organized retail theft in the jurisdiction.

History

Statutory/Other Authority: 2023 OL Ch.582 §1-2 & 2025 SB 236 Section 24
Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 2-2026, amend filed 04/22/2026, effective 04/22/2026
CJC 3-2025, temporary amend filed 08/20/2025, effective 08/20/2025 through 02/15/2026
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0050 Competitive Grant Application Review Criteria

The Commission shall review and evaluate each grant application based on the following criteria:

(1) The grant application’s responsiveness to the requirements in OAR 213-090-0040.

(2) The Commission shall prioritize applications that demonstrate any or all of the following:

(a) Ability to address organized retail theft that places retail employees, the public, or both, at risk of physical injury.

(b) Ability to identify and address fencing networks connected to organized retail theft.

(c) Ability to identify and address the underlying causes of organized retail theft by focusing on individuals or groups who have committed or are at risk of committing organized retail theft.

(d) Evidence of collaboration with retailers or law enforcement agencies to support the reduction of organized retail theft in the jurisdiction served by the grant.

(e) Grant-funded operations designed to have a regional or statewide beneficial effect on the reduction of organized retail theft.

(f) Other criteria that the Commission chooses to include in the Organized Retail Theft Grant Program solicitation.

History

Statutory/Other Authority: Statutory/Other Authority: 2023 OL Ch.582 §1-2
Statutes/Other Implemented: Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0060 Grants to the Oregon Department of Justice

(1) The Commission shall award grants to the Oregon Department of Justice for the purposes of addressing organized retail theft in Oregon upon receipt of an eligible application.

(2) The Commission may approve any application by the Oregon Department of Justice in full or in part.

(3) The Commission may create a set-aside of funds to award to the Oregon Department of Justice.

History

Statutory/Other Authority: 2023 OL Ch.582 §1-2 & 2025 SB 236 Section 24
Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 2-2026, amend filed 04/22/2026, effective 04/22/2026
CJC 3-2025, temporary amend filed 08/20/2025, effective 08/20/2025 through 02/15/2026
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0070 Grant Application Processing and Awards

(1) Commission staff shall evaluate each application based on the criteria provided in OAR 213-090-0050 and requirements within the solicitation and make recommendations to the Commission.

(2) The Commission shall review each grant application and the recommendations of Commission staff and provide final approval in whole or in part. The Commission may reject portions of the application that fail to meet the criteria set forth in OAR 213-090-0050.

(3) The Commission may issue a provisional award with continued funding contingent upon improved performance and progress towards the criteria set forth in OAR 213-090-0050.

(4) The Commission may amend or adjust a grant awarded under this rule to address new circumstances, funding opportunities, or other developments in the implementation of a grant. After the grant is awarded, the Commission may amend the amount originally awarded.

History

Statutory/Other Authority: Statutory/Other Authority: 2023 OL Ch.582 §1-2
Statutes/Other Implemented: Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0080 Unallocated Funds

If unallocated funds remain at the conclusion of the grant acceptance period or otherwise become available during the biennium, the Commission may:

(1) Use unallocated funds to supplement and expand the scope of one or more grants that were awarded, without the need for further grant solicitation, but using the criteria provided in OAR 213-090-0050.

(2) Open a supplemental grant application solicitation, and allow for the submission of new applications, using the criteria and process provided in OAR 213-090-0040 through 213-090-0070.

History

Statutory/Other Authority: Statutory/Other Authority: 2023 OL Ch.582 §1-2
Statutes/Other Implemented: Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Or. Admin. R. 213-090-0090 Evaluating Efficacy

The Commission will evaluate the progress and efficacy of programs and services funded by the Organized Retail Theft Grant Program through fiscal expenditure and program data collection. The Commission may develop other methods for evaluating program efficacy.

History

Statutory/Other Authority: Statutory/Other Authority: 2023 OL Ch.582 §1-2
Statutes/Other Implemented: Statutes/Other Implemented: 2023 OL Ch.582 §1-2
CJC 3-2024, adopt filed 05/15/2024, effective 05/15/2024

Division 100 Jail-based Medications for Opioid Use Disorder Grant Program

Or. Admin. R. 213-100-0010 Authority and Application

(1) These rules are promulgated pursuant to Section 85, Chapter 70, 2024 Oregon Laws. (Enrolled House Bill 4002).

(2) These rules apply beginning April 1, 2024.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0020 Purpose

The purpose of these rules is to administer the Jail-based Medications for Opioid Use Disorder Grant Program established by Sections 81 to 86, Chapter 70, 2024 Oregon Laws.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0030 Definitions

As used in OAR 213-100-0010 to 213-100-0080, unless the context requires otherwise:

(1) “Advisory committee” means a public body appointed by the chairperson of the Commission to evaluate grant applications and make recommendations to the Commission for the awarding of grants under the Jail-based Medications for Opioid Use Disorder Grant Program.

(2) “Applicant” means cities and counties, and federally recognized tribal governments, that submit an application to the Commission for a grant under the Jail-based Medications for Opioid Use Disorder Grant Program.

(3) “Commission” means the Oregon Criminal Justice Commission.

(4) “Grant acceptance period” means the period of time commencing when an applicant receives notice, in writing, from the Commission, that the Commission has decided to award the applicant grant funds, and concluding when an applicant has returned an executed grant agreement to the Commission.

(5) “Grant application period” means the period of time commencing when a grant solicitation is publicly released, and concluding when applications are no longer accepted by the Commission.

(6) “Local correctional facility” has the meaning given the term in ORS 169.005, and also means any facility operated by a county supervisory authority, as defined in ORS 144.087, including facilties for providing corrections supervision services or custodial services.

(7) “Rural area” means a geographic area twenty-five or more miles from an urban area of 50,000 or more, according to the most recent statistics of the U.S Census Bureau.

(8) “Tribal correctional facility” means a jail or prison in Oregon that is operated by a federally recognized tribe and confines persons for more than 36 hours.

History

Statutory/Other Authority: 2024 OL Ch.70 §85 & 2025 SB 236 Section 17
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 1-2026, amend filed 04/22/2026, effective 04/22/2026
CJC 2-2025, temporary amend filed 08/20/2025, effective 08/20/2025 through 02/15/2026
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0040 Grant Application Requirements

(1) The grant application period will be determined by the Commission and identified in the grant solicitation.

(2) The proportion of grant funds available to an applicant shall be determined as follows and included in the grant solicitation:

(a) The Commission shall determine the proportion of grant funds available to tribal correctional facilities.

(b) The Commission shall establish a formula that determines the proportion of grant funds available to each local correctional facility based on intake rates and average daily population of a facility, and overdose data and population density for the jurisdiction(s) served.

(3) Grant applications must:

(a) Demonstrate the applicant operates a local correctional facility or tribal correctional facility in Oregon.

(b) Describe the applicant’s existing or planned coordination with a medication for opioid use disorder treatment provider.

(c) Describe how the applicant’s program aligns with, or intends to align with, best practices and standards of care related to medications for opioid use disorder treatment.

(d) Describe how grant funds will be used for one or more of the following:

(A) Provide medication, telemedicine, or any other reasonable treatment to persons in custody with an opioid disorder.

(B) Develop or operate mobile or nonmobile opioid treatment units.

(D) Facilitate transition planning services for persons in custody who seek or receive opioid use disorder treatment.

(E) Undertake any other actions reasonably calculated to mitigate operational or structural barriers to providing opioid use disorder treatment in local correctional facilities or tribal correctional facilities, including but not limited to mitigating any lack of secure storage for medication.

(e) Include a statement from the applicant acknowledging that any grant funds received must be expended in accordance with the allowable uses described in OAR 213-100-0040(3)(d).

(f) Include a letter of commitment from each administrator of a local correctional facility or tribal correctional facility who is associated with the application, committing to participate in good faith in the grant program.

(4) The Commission may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Jail-based Medications for Opioid Use Disorder Grant Program.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0050 Grant Application Review Criteria

The advisory committee and the Commission shall review and evaluate each grant application based on the following criteria:

(1) The grant application’s responsiveness to the requirements set forth in OAR 213-100-0040(3).

(2) Other criteria that the Commission chooses to include in the grant solicitation.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0060 Grant Application Processing and Awards

(1) At least ten percent of the total moneys awarded to grant recipients must be awarded to local correctional facilities in rural areas or tribal correctional facilities. Any amount of the ten percent not awarded during an initial grant acceptance period may be awarded to any otherwise eligible applicant through the process described in OAR 213-100-0070.

(2) The advisory committee shall evaluate each application based on the criteria provided in OAR 213-100-0050 and make recommendations to the Commission.

(3) The Commission shall review each grant application and the recommendations of advisory committee and provide final approval in whole or in part. The Commission may reject portions of the application that fail to meet the criteria set forth in OAR 213-100-0050.

(4) The Commission may issue a provisional award with continued funding contingent upon improved performance and progress towards the criteria set forth in OAR 213-100-0050.

(5) The Commission may amend or adjust a grant awarded under this rule to address new circumstances, funding opportunities, or other developments in the implementation of a grant. After the grant is awarded, the Commission may amend the amount originally awarded.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0070 Unallocated Funds

If unallocated funds remain at the conclusion of the grant acceptance period or otherwise become available during the biennium, the Commission may:

(2) Open a grant application period, and allow for the submission of new applications, using the criteria and process provided in OAR 213-100-0040 through 213-100-0060.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024

Or. Admin. R. 213-100-0080 Evaluating Efficacy

The Commission will evaluate the progress and efficacy of programs and services funded by the Jail-based Medications for Opioid Use Disorder Grant Program through fiscal expenditure and program data collection. The Commission may develop other methods for evaluating program efficacy.

History

Statutory/Other Authority: 2024 OL Ch.70 §85
Statutes/Other Implemented: 2024 OL Ch.70 §85
CJC 5-2024, adopt filed 08/19/2024, effective 08/19/2024