72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2174
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Criminal Justice Commission)
CHAPTER ................
AN ACT
Relating to sentencing; creating new provisions; and amending ORS
137.667.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Seventy-second Legislative Assembly
approves the adoption by the Oregon Criminal Justice Commission
of the following rules:
OAR 213-018-0038
HIT AND RUN (VEHICLE)
(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
accident.
(2) CRIME CATEGORY 6
Hit and Run shall be ranked at Crime Category 6 if it cannot be
ranked at Crime Category 8.
OAR 213-018-0090
UNLAWFUL POSSESSION OF SOFT BODY ARMOR
(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.
OAR 213-019-0007
CRIME CATEGORY 9 - AGGRAVATED DRUG OFFENSES + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1CAUSINGOANOTHERaTO,INGEST0
A CONTROLLED SUBSTANCE (A) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
Enrolled House Bill 2174 (HB 2174-A) Page 1
____________________________________________________________
{ + 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. + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(2UNLAWFULrADMINISTRATION8OF
A CONTROLLED SUBSTANCE (A) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + Unlawful Administration of a Controlled Substance shall
be ranked at Crime Category 9 when the substance is a Schedule I
or II controlled substance.
OAR 213-019-0011
CRIME CATEGORY 5-DRUG OFFENSES
(1) 2001 Oregon Laws Chapter 857 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. + }
SECTION 2. { + The Seventy-second Legislative Assembly
approves the amendments adopted by the Oregon Criminal Justice
Commission to the following rules: + }
OAR 213- { + 0 + }01- { + 0 + }000
Notice Rule for Rulemaking
Prior to the adoption, amendment or repeal of any rule, the
chairperson of the Criminal Justice Commission or designee shall
give notice of the proposed action at least twenty-eight (28)
days prior to the effective date:
(1) In the Secretary of State's Bulletin referred to in ORS
183.360.
(2) By mailing a copy of the notice to persons on the Criminal
Justice Commission mailing list established pursuant to ORS
183.335(7).
(3) By mailing or furnishing a copy of the notice to:
(a) Associated Press;
(b) The Oregonian, Portland, Oregon;
(c) East Oregonian, Pendleton, 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 of Chiefs of Police;
Enrolled House Bill 2174 (HB 2174-A) Page 2
(r) Oregon Community Corrections Directors Association;
(s) Oregon Criminal Defense Lawyers Association;
(t) Oregon District Attorneys Association;
(u) Oregon State Sheriffs Association;
(v) State Public Defenders;
(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.
OAR 213- { + 0 + }01- { + 0 + }005
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
{ - November 1, 1999: OAR 213-01-000, 005; 213-03-001(14),
(15); 213-04-002, 010; 213-05-001, 002, 004, 008, 011;
213-08-003, 005, 007(1); 213-09-002; 213-10-002(3); 213-11-003;
213-12-001, 002, 003; 213-13-010; Appendices 2, 3 and 4. - }
{ + January 1, 2002: OAR 213-001-0005; 213-003-0001(14), (15),
(16); 213-004-0002; 213-005-0006, 0007, 0008, 0011, and 0013;
213-013-0001, 213-017-0003, 0004, 0006, 0007, 0008, 0009, 0010,
and 0011; and 213-018-0050. + }
(3) Adoption of { - divisions - } { + rules + } OAR
{ - 213-17-000, 001, 002, 003, 004, 005, 006, 007, 008, 009, 010
and 011; 213-18-000, 005, 010, 015, 020, 025, 030, 035, 040, 045,
060, 055, 060, 067, 070, 075 080 and 085; 213-19-000, 001, 002,
003, and 004; and repeal of Appendices 2, 3, and 4 - }
{ + 213-018-0038 and 0090, and 213-019-0007 and 0011 + } take
effect on { - November 1, 1999 - } { + January 1, 2002 + }.
(4) { + Re-numbered rules OAR 213-019-0008, 0010, 0012, and
0015 take effect on January 1, 2002. + }
OAR 213- { + 0 + }02- { + 0 + }001
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.
Enrolled House Bill 2174 (HB 2174-A) Page 3
(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.
OAR 213- { + 0 + }03- { + 0 + }001
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.
Enrolled House Bill 2174 (HB 2174-A) Page 4
(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- { + 0 + }05- { + 0 + }006.
(14) 'Person felonies' are in numerical statutory order: ORS
162.165 Escape I; ORS 162.185 Supplying Contraband as defined in
Crime Categories 6 and 7 (OAR 213- { + 0 + }18- { + 0 + }070 (1)
and (2)); ORS 163.095 Aggravated Murder; ORS 163.115 Murder; ORS
163.115 Felony Murder; ORS 163.118 Manslaughter I; ORS 163.125
Manslaughter II; ORS 163.145 Negligent Homicide; ORS 163.160(3),
Felony Domestic Assault; ORS 163.165 Assault III; ORS 163.175
Assault II; ORS 163.185 Assault I; 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 163.275 Coercion as defined in
Crime Category 7 (OAR 213- { + 0 + }18- { + 0 + }035(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 163.425 Sexual Abuse II; ORS 163.427 Sexual Abuse I;
{ + ORS 163.465 Felony Public Indecency + }; 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 163.732 Stalking; ORS
163.750 Violation of Court's Stalking Order; ORS 164.075 Theft by
Extortion as defined in Crime Category 7 (OAR
213- { + 0 + }18- { + 0 + }075(1)); ORS 164.225 Burglary I as
defined in Crime Categories 8 and 9 (OAR
213- { + 0 + }18- { + 0 + }025(1) and (2)); ORS 164.325 Arson I;
ORS 164.395 Robbery III; ORS 164.405 Robbery II; ORS 164.415
Robbery I; ORS 164.877(3) Tree Spiking (Injury); ORS 166.087
Abuse of Corpse I; ORS 166.165 Intimidation 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 167.012 Promoting Prostitution; ORS 167.017
Compelling Prostitution; ORS 468.951 Environmental Endangerment;
ORS 811.705 Hit and Run Vehicle (Injury); ORS 813.010, Felony
Driving Under the Influence of Intoxicants (as provided in OAR
213- { + 0 + }04- { + 0 + }009); ORS 830.475 Hit and Run Boat;
{ - 1999 Oregon Laws Chapter 73, ORS 163.207 Female Genital
Mutilation; ORS 163.465 Felony Public Indecency - } ; { + 2001
Oregon Laws Chapter 510 Causing Another to Ingest a Controlled
Substance; 2001 Oregon Laws Chapter 635 Unlawful Possession of
Enrolled House Bill 2174 (HB 2174-A) Page 5
Soft Body Armor as defined in Crime Category 6 (OAR
213-018-0090(1)) and 2001 Oregon Laws Chapter 857 Unlawful
Administration of a Controlled Substance, + } 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
163.190 Menacing; ORS 163.195 Recklessly Endanger Another; ORS
163.200 Criminal Mistreatment II; { - ORS 163.208 Assaulting a
Public Safety Officer; - } ORS 163.212 Use of Stun Gun, Tear
Gas, Mace II; ORS 163.415 Sexual Abuse III; ORS 163.465, Public
Indecency; { + ORS 163.467 Private Indecency; + }ORS 163.545
Child Neglect { + II + }; ORS 163.575 Endanger Welfare of Minor;
{ - ORS 163.700, Invasion of Personal Privacy; - } ORS 163.687
Encouraging Child Sex Abuse III; { + ORS 163.700 Invasion of
Personal Privacy; 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 166.065(4) Harassment/Offensive Sexual
Contact; ORS 166.155 Intimidation II; ORS 166.385(2) Misdemeanor
Possession of a Hoax Destructive Device; ORS 813.010, Driving
Under the Influence of Intoxicants (as provided in OAR
213- { + 0 + }04- { + 0 + }009); { - ORS 163.709 Unlawfully
Directing a Laser Pointer; ORS 163.467 Private Indecency; ORS
165.572 Interfering with Making a Police Report; - } { + 2001
Oregon Laws Chapter 857 Unlawful Administration of a Controlled
Substance, + }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 the
sentence otherwise established in ORS 137.717 { + or 2001 Oregon
Laws, Chapter 884. + }
(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.
OAR 213- { + 0 + }04- { + 0 + }001
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
OAR 213- { + 0 + }04- { + 0 + }002
Enrolled House Bill 2174 (HB 2174-A) Page 6
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- { + 0 + }17- { + 0 + }000 through
{ + 0 + }011.
(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- { + 0 + }18- { + 0 + }000 through { - 085 - }
{ + 0090 + }.
(3) Drug related offenses are separately classified and
subclassified. Those classifications are set forth in OAR
213- { + 0 + }19- { + 0 + }000 through { - 004 - }
{ + 0015 + }.
OAR 213- { + 0 + }04- { + 0 + }003
Aggravated Murder
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).
OAR 213- { + 0 + }04- { + 0 + }004
Other Unranked Offenses
Except for ORS 163.095-163.105 Aggravated Murder, 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.
OAR 213- { + 0 + }04- { + 0 + }005
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, or soliciting
aggravated murder shall be ranked on the Crime Seriousness Scale
at crime category 10.
(4) 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.
OAR 213- { + 0 + }04- { + 0 + }006
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
Enrolled House Bill 2174 (HB 2174-A) Page 7
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.
OAR 213- { + 0 + }04- { + 0 + }007
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.
Enrolled House Bill 2174 (HB 2174-A) Page 8
OAR 213- { + 0 + }04- { + 0 + }008
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.
OAR 213- { + 0 + }04- { + 0 + }009
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.
OAR 213- { + 0 + }04- { + 0 + }010
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- { + 0 + }18- { + 0 + }025(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- { + 0 + }18- { + 0 + }025(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- { + 0 + }18- { + 0 + }025(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 (OAR 213- { + 0 + }18- { + 0 + }025(3)).
OAR 213- { + 0 + }04- { + 0 + }011
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
Enrolled House Bill 2174 (HB 2174-A) Page 9
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- { + 0 + }03- { + 0 + }001(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- { + 0 + }03- { + 0 + }001(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- { + 0 + }03- { + 0 + }001(14) or (15).
OAR 213- { + 0 + }04- { + 0 + }013
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.
OAR 213- { + 0 + }05- { + 0 + }001
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, an offender who enters and successfully
completes the special alternative incarceration program (SUMMIT
boot camp), 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, terms of
incarceration 12 months or less imposed pursuant to ORS
Enrolled House Bill 2174 (HB 2174-A) Page 10
163.165(2) shall be served in the legal and physical custody of
the Department.
OAR 213- { + 0 + }05- { + 0 + }002
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- { + 0 + }05- { + 0 + }004.
(B) For an offender sentenced as a sexually violent dangerous
offender the period shall be as established in OAR
213- { + 0 + }05- { + 0 + }004.
(C) For an offender sentenced for sexual offenses subject to
ORS 144.103, the period shall be the maximum statutory
indeterminate sentence for that violation less the term of
imprisonment served.
(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.
OAR 213- { + 0 + }05- { + 0 + }003
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.
OAR 213- { + 0 + }05- { + 0 + }004
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
Enrolled House Bill 2174 (HB 2174-A) Page 11
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- { + 0 + }11- { + 0 + }004(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 1999 Oregon Laws Chapter 163 Section 1(2)
shall be for the remainder of the offender's life.
(4) The limit on sanctions for post-prison supervision
violations provided in OAR 213- { + 0 + }11- { + 0 + }004(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.
OAR 213- { + 0 + }05- { + 0 + }005
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.
OAR 213- { + 0 + }05- { + 0 + }006
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
(c) The probationary sentence will serve community interests by
promoting offender reformation.
(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- { + 0 + }03- { + 0 + }001(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). + }
Enrolled House Bill 2174 (HB 2174-A) Page 12
(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.
OAR 213- { + 0 + }05- { + 0 + }007
Presumptive Probation Sentences
(1) Except as provided by OAR 213- { + 0 + }09- { + 0 + }001,
or otherwise established by ORS 137.717 { + or 2001 Oregon Laws,
Chapter 884, + } 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- { + 0 + }05- { + 0 + }013.
(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.
OAR 213- { + 0 + }05- { + 0 + }008
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;
(c) Three years for Crime Categories 6-8; and
(d) Five years for Crime Categories 9-11.
(2) (a) Subject to OAR 213- { + 0 + }03- { + 0 + }001(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- { + 0 + }05- { + 0 + }008(2) { - (d) - } { + (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
Enrolled House Bill 2174 (HB 2174-A) Page 13
'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.
OAR 213- { + 0 + }05- { + 0 + }009
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- { + 0 + }05- { + 0 + }008.
OAR 213- { + 0 + }05- { + 0 + }010
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.
OAR 213- { + 0 + }05- { + 0 + }011
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
(c) Up to 180 sanction units for offenses classified in grid
blocks 5-F, 6-F through 6-I, and 7-F through 7-I.
(3) 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.
(4) 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), the supervisory authority may execute the
sentence by imposing sanctions other than incarceration if deemed
appropriate by the supervisory authority.
(5) 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
Enrolled House Bill 2174 (HB 2174-A) Page 14
213- { + 0 + }05- { + 0 + }013(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- { + 0 + }05- { + 0 + }006
(Optional Probation).
{ + (6) Notwithstanding the limits on sanction units
established in sections 2 and 3 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.
(7) For crimes committed on or after January 1, 2002, section 5
shall not apply and section 6 shall operate in its place. + }
OAR 213- { + 0 + }05- { + 0 + }012
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.
Enrolled House Bill 2174 (HB 2174-A) Page 15
(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- { + 0 + }05- { + 0 + }011 or the provisions of
this rule.
OAR 213- { + 0 + }05- { + 0 + }013
Jail As Part of Probation
(1) Subject to the provisions of sections (2) and (3) 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
Enrolled House Bill 2174 (HB 2174-A) Page 16
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- { + 0 + }05- { + 0 + }011(2) and (3) to impose jail for
violations of conditions of the probation sentence.
OAR 213- { + 0 + }05- { + 0 + }014
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.
OAR 213- { + 0 + }05- { + 0 + }015
Non-Custody Conditions Of Probation
The sentencing judge may impose any additional non-custodial
special conditions of probation as provided by law.
OAR 213- { + 0 + }05- { + 0 + }016
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.
OAR 213- { + 0 + }05- { + 0 + }017
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.
OAR 213- { + 0 + }07- { + 0 + }001
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.
OAR 213- { + 0 + }07- { + 0 + }002
Criminal History
(1) An offender's criminal history classification shall be
accurately represented to the sentencing judge in the plea
agreement.
Enrolled House Bill 2174 (HB 2174-A) Page 17
(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.
OAR 213- { + 0 + }07- { + 0 + }003
Stipulated Grid Block
(1) Subject to the provisions of OAR
213- { + 0 + }07- { + 0 + }002 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.
OAR 213- { + 0 + }07- { + 0 + }004
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.
OAR 213- { + 0 + }07- { + 0 + }005
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- { + 0 + }05- { + 0 + }006.
(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.
OAR 213- { + 0 + }08- { + 0 + }001
Departure Sentences
Except as provided in OAR 213- { + 0 + }05- { + 0 + }006, 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.
OAR 213- { + 0 + }08- { + 0 + }002
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:
Enrolled House Bill 2174 (HB 2174-A) Page 18
(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.
(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.
(C) Threat of or actual violence toward a witness or victim.
(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 or sexual orientation
of the victim.
(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
Enrolled House Bill 2174 (HB 2174-A) Page 19
be used as an aggravating factor if that aspect is also used to
impose the mandatory sentence.
OAR 213- { + 0 + }08- { + 0 + }003
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- { + 0 + }02- { + 0 + }001 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
163.165(2) shall be served in the legal and physical custody of
the Department.
OAR 213- { + 0 + }08- { + 0 + }005
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
(c) Up to eighteen months for offenses classified in grid
blocks 5-F, 6-F through 6-I, and 7-F through 7-I.
(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- { + 0 + }05- { + 0 + }002.
(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
163.165(2) shall be served in the legal and physical custody of
the Department.
OAR 213- { + 0 + }08- { + 0 + }006
Enrolled House Bill 2174 (HB 2174-A) Page 20
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- { + 0 + }05- { + 0 + }011(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- { + 0 + }05- { + 0 + }011(2) and (3).
OAR 213- { + 0 + }08- { + 0 + }007
Departure Limitations In Consecutive Sentences
(1) The court may depart from the limits established by OAR
213- { + 0 + }12- { + 0 + }002 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- { + 0 + }08- { + 0 + }001 to 213- { + 0 + }08- { + 0 + }006
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- { + 0 + }12- { + 0 + }020(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.
OAR 213- { + 0 + }09- { + 0 + }001
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;
(c) 13-14 months for an offense classified in Grid Block 7-G;
and
(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.
OAR 213- { + 0 + }09- { + 0 + }002
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.
Enrolled House Bill 2174 (HB 2174-A) Page 21
OAR 213- { + 0 + }09- { + 0 + }003
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.
OAR 213- { + 0 + }10- { + 0 + }001
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.
OAR 213- { + 0 + }10- { + 0 + }002
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- { + 0 + }05- { + 0 + }006, 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- { + 0 + }05- { + 0 + }002.
(5) No revocation sanction may exceed the limitations
established by this rule.
OAR 213- { + 0 + }11- { + 0 + }001
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;
(c) The level of supervision which shall be consistent with the
offender's risk assessment classification;
(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.
Enrolled House Bill 2174 (HB 2174-A) Page 22
OAR 213- { + 0 + }11- { + 0 + }002
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.
OAR 213- { + 0 + }11- { + 0 + }003
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 1999 Oregon Laws
Chapters 163 or 924.
OAR 213- { + 0 + }11- { + 0 + }004
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- { + 0 + }05- { + 0 + }004(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
(c) Twelve months of incarceration if the term of post-prison
supervision is three years or longer.
(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.
OAR 213- { + 0 + }12- { + 0 + }010
Concurrent and Consecutive Sentences
Enrolled House Bill 2174 (HB 2174-A) Page 23
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.
OAR 213- { + 0 + }12- { + 0 + }020
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- { + 0 + }08- { + 0 + }005(1) imposed pursuant
to a dispositional departure for the primary offense, as defined
in OAR 213- { + 0 + }03- { + 0 + }001(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- { + 0 + }08- { + 0 + }005(1)
imposed pursuant to a dispositional departure of the primary
sentence except by departure as provided by OAR
213- { + 0 + }08- { + 0 + }007.
(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
163.165(2) shall be served in the legal and physical custody of
the Department.
OAR 213- { + 0 + }12- { + 0 + }030
Sentences Imposed Consecutively to a Prior Remaining Sentence
Enrolled House Bill 2174 (HB 2174-A) Page 24
(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.
(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.
(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
163.165(2) shall be served in the legal and physical custody of
the Department.
OAR 213- { + 0 + }12- { + 0 + }040
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- { + 0 + }11- { + 0 + }004 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- { + 0 + }10- { + 0 + }002 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.
OAR 213- { + 0 + }13- { + 0 + }001
Sentencing Report
(1) A sentencing report shall be submitted forthwith to the
Criminal Justice Commission by the sentencing court for each
Enrolled House Bill 2174 (HB 2174-A) Page 25
sentence imposed for felonies committed on or after November 1,
1989.
(2) The sentencing report shall provide the following offense
and offender information:
(a) Offender identification information;
(b) Court processing information;
(c) Offense conviction information for each crime of
conviction;
(d) All prior convictions for felonies or Class A misdemeanors
and all juvenile adjudications as described in OAR
213- { + 0 + }04- { + 0 + }006(2);
(e) Whether the offender is eligible for an optional
probationary sentence as provided by OAR
213- { + 0 + }05- { + 0 + }006;
(f) The presumptive sentence for each crime of conviction; and
(g) Any other information needed to identify the presumptive
sentence in accordance with these rules.
(3) The sentencing report shall provide the following
information about the sentence imposed for each crime of
conviction:
(a) 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;
(b) The total amount of financial obligations associated with
the sentences;
(c) If multiple sentences are imposed, whether the sentences
are to be served concurrently or consecutively;
(d) Whether a statutorily mandatory minimum sentence has been
imposed; and
(e) If a departure sentence is imposed, the type of departure
(durational or dispositional) and each aggravating or mitigating
factor relied upon to impose the departure sentence.
(4) If the offender has been revoked from probation pursuant to
OAR 213- { + 0 + }10- { + 0 + }001, the sentencing report shall
provide the following information:
(a) The reasons for revocation;
(b) The revocation sanction imposed; and
(c) Whether the incarceration term is to be served concurrently
or consecutively with any other sentence.
(5) The staff of the Criminal Justice Commission shall develop
the sentencing report form in accordance with the provisions of
this rule and shall submit it to the Supreme Court of Oregon for
approval prior to distribution for use by trial courts. The form
shall display the following statement on its face: The completed
form shall be submitted to the Criminal Justice Commission
forthwith. ORS 137.010 { - (8) - } { + (9). + }
OAR 213- { + 0 + }13- { + 0 + }010
Minimum Contents of Presentence Reports
Except as provided by section (7), 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,
Enrolled House Bill 2174 (HB 2174-A) Page 26
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- { + 0 + }04- { + 0 + }006 to 213- { + 0 + }04- { + 0 + }013.
(3) 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.
(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;
(C) A recommendation for the appropriate conditions of
probation including both custody and non-custody conditions; and
(D) Any other information relevant to the imposition of a
presumptive sentence as provided by these rules.
(4) A victim statement as required by ORS 137.530(2).
(5) 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- { + 0 + }08- { + 0 + }001 to
213- { + 0 + }08- { + 0 + }007.
(6) Any additional information as provided upon request of the
sentencing judge.
(7) 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.
OAR 213- { + 0 + }13- { + 0 + }011
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.
OAR 213- { + 0 + }17- { + 0 + }000
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
Enrolled House Bill 2174 (HB 2174-A) Page 27
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.
OAR 213- { + 0 + }17- { + 0 + }001
Crime Category 11
The following offenses are classified at crime category 11 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS 163.115 MURDER (U)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
OAR 213- { + 0 + }17- { + 0 + }002
Crime Category 10
The following offenses are classified at crime category 10 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS 163.095 AGGRAVATED MURDER (U)
(Attempt or Solicit)
ORS 163.118 MANSLAUGHTER I (A)
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.)
ORS 163.235 KIDNAPPING I (A)
ORS 163.375 RAPE I* (A)
(If aggravated by factors listed below;
otherwise CC 9.)
ORS 163.405 SODOMY I* (A)
(If aggravated by factors listed below;
otherwise CC 9.)
ORS 163.411 SEXUAL PENETRATION I* (A)
(If aggravated by factors listed below; otherwise CC 9.)
ORS 164.325 ARSON I (A)
(If offense represented threat of serious
physical injury; otherwise CC 9, 8 or 7.)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* 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;
(c) the victim was under the age of twelve; or
(d) the victim was incapable of consent by reason of mental
defect, mental incapacitation or physical helplessness.
Enrolled House Bill 2174 (HB 2174-A) Page 28
OAR 213- { + 0 + }17- { + 0 + }003
Crime Category 9
The following offenses are classified at crime category 9 on
the Crime Seriousness Scale:
{ + AGGRAVATED DRUG OFFENSES (See Division 19) + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS 163.175 ASSAULT II (B)
ORS 163.185 ASSAULT I (A)
(If victim(s) substantially contributed
to the commission of the offense by
precipitating attack; otherwise CC 10.)
ORS 163.225 KIDNAPPING II (B)
ORS 163.375 RAPE I (A)
(If not categorized at CC 10.)
ORS 163.405 SODOMY I (A)
(If not categorized at CC 10.)
ORS 163.411 SEXUAL PENETRATION I (A)
(If not categorized at CC 10.)
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.)
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.)
ORS 164.405 ROBBERY II (B)
ORS 164.415 ROBBERY I (A)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
OAR 213- { + 0 + }17- { + 0 + }004
Crime Category 8
The following offenses are classified at crime category 8 on
the Crime Seriousness Scale:
AGGRAVATED DRUG OFFENSES (See, Division 19)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS 163.125 MANSLAUGHTER II (B)
ORS 163.145 NEGLIGENT HOMICIDE (C)
ORS 163. { -
157 - }
{ +
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)
Enrolled House Bill 2174 (HB 2174-A) Page 29
{ +
ORFEMALE2GENITAL MUT(B)T+O}
ORS 163.365 RAPE II (B)
ORS 163.395 SODOMY II (B)
ORS 163.408 SEXUAL PENETRATION II (B)
ORS 163.427 SEXUAL ABUSE I (B)
ORS 163.670 USING CHILD IN DISPLAY
OF SEXUAL CONDUCT (A)
ORS 163.684 ENCOURAGING CHILD SEX ABUSE I (B)
ORS 163.732 STALKING (C)
ORS 163.750 VIOLATE COURT STALKING ORDER (C)
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.)
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.)
ORS 164.877(3) TREE SPIKING-INJURY (B)
ORS 166.275 INMATE POSSESSION OF WEAPON (A)
(if firearm, otherwise CC 7)
ORS 167.012 PROMOTING PROSTITUTION (C)
ORS 167.017 COMPELLING PROSTITUTION (B)
ORS 167.262 USE MINOR DRUG OFFENSE (A)
(CC 4 if minor less than 3 yrs.
younger than offender)
{ +
ORHIT1&.RUN VEHICLE
(DEATH/SERIOUS INJURY) (B) + }
{ -
1999 Oregon Laws Cha(B)r-7}7, FEMALE GENITAL MUTILATION
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
OAR 213- { + 0 + }17- { + 0 + }005
Crime Category 7
The following offenses are classified at crime category 7 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS 162.165 ESCAPE I (B)
ORS 162.185 SUPPLYING CONTRABAND (C)
(If the contraband includes one or
more firearms; otherwise CC 4, 5 or 6.)
ORS 163.205 CRIMINAL MISTREATMENT I (C)
ORS 163.275 COERCION (C)
(If threat of physical injury;
otherwise CC 6.)
Enrolled House Bill 2174 (HB 2174-A) Page 30
ORS 163.425 SEX ABUSE II (C)
ORS 163.535 ABANDON CHILD (C)
(If child is placed in immediate
physical danger; otherwise CC 3.)
ORS 164.075 THEFT BY EXTORTION (B)
(If threat of physical injury;
otherwise CC 2, 3, 4, 5 or 6.)
ORS 164.225 BURGLARY I (A)
(If the offense cannot be ranked at
CC 8 or 9.
ORS 164.325 ARSON I (A)
(If the offense cannot be ranked at
CC 8, 9 or 10.)
ORS 166.275 INMATE IN POSSESSION OF WEAPON (A)
(if firearm CC 8)
ORS 166.429 FURNISHING FIREARM IN FURTHERANCE
OF FELONY (B)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
OAR 213- { + 0 + }17- { + 0 + }006
Crime Category 6
The following offenses are classified at crime category 6 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Chapter 59 BLUE SKY LAWS & SECURITIES LAWS* (C)
MAJOR DRUG OFFENSES (See, Division 19.)
ORS 162.015 BRIBERY (B)
ORS 162.025 BRIBE RECEIVING (B)
ORS 162.065 PERJURY (C)
ORS 162.117 PUBLIC INVESTMENT FRAUD (B)
ORS 162.155 ESCAPE II (C)
ORS 162.185 SUPPLYING CONTRABAND (C)
(The contraband involves a dangerous weapon not a
firearm-CC 7; Otherwise CC 4 or 5.)
ORS 162.265 BRIBING A WITNESS (C)
ORS 162.275 BRIBE RECEIVING BY WITNESS (C)
ORS 162.285 TAMPERING W/ WITNESS (C)
ORS 162.325 HINDERING PROSECUTION (C)
ORS 163.160(3) FELONY DOMESTIC ASSAULT (C)
ORS 163.165 ASSAULT III (C)
{ +
ORASSAULT0OF A PUBLI(C)A+E}Y OFFICER
ORS 163.213 USE OF A STUN GUN, TEAR GAS,
MACE I (C)
ORS 163.257 CUSTODIAL INTERFERENCE I (C)
ORS 163.275 COERCION (C)
(No threat of physical injury; otherwise CC 7.)
ORS 163.355 RAPE III (C)
ORS 163.385 SODOMY III (C)
{ +
ORFELONY4PUBLIC INDE(C)C+ }
ORS 163.525 INCEST (C)
(If one of the participants is under the age of 18;
Enrolled House Bill 2174 (HB 2174-A) Page 31
otherwise CC 1.)
ORS 163.688 POSSESSION OF MATERIAL DEPICTING SEX.
EXPLICIT CONDUCT OF A CHILD I (B)
ORS 164.055 THEFT I * (C)
ORS 164.057 AGGRAVATED THEFT (B)
(Economic loss was greater than $50,000; otherwise CC 5.)
ORS 164.065 THEFT OF LOST/MISLAID PROPERTY * (C)
ORS 164.075 THEFT BY EXTORTION * (B)
ORS 164.085 THEFT BY DECEPTION * (C)
ORS 164.125 THEFT OF SERVICES* (C)
ORS 164.135 UNAUTHORIZED USE OF VEHICLE * (C)
ORS 164.140(4) POSSESSION OF RENTED PROPERTY * (C)
ORS 164.215 BURGLARY II* (C)
ORS 164.315 ARSON II * (C)
ORS 164.365 CRIMINAL MISCHIEF I * (C)
ORS 164.365(1)(a)(CRIMINAL MISCHIEF I - POLICE ANIMAL(C)
ORS 164.377 COMPUTER FRAUD (LOTTERY) * (C)
ORS 164.377(3) COMPUTER CRIME* (C)
ORS 164.868 UNLAWFUL LABEL SOUND
RECORDING * (C)
ORS 164.869 UNLAWFUL RECORD LIVE
PERFORMANCE * (C)
ORS 164.872 UNLAWFUL LABEL VIDEOTAPE * (C)
ORS 164.877(1) TREE-SPIKING (C)
ORS 165.013 FORGERY I * (C)
ORS 165.022 CRIMINAL POSSESSION
OF FORGED INSTRUMENT I* (C)
ORS 165.055(3)(A) CREDIT CARD FRAUD * (C)
ORS 165.065 NEGOTIATING BAD CHECKS * (C)
ORS 165.074 UNLAWFUL CREDIT CARD * (C)
ORS 165.692 FILING A FALSE CLAIM FOR HEALTH CARE
PAYMENT (C)
{ +
ORIDENTITY0THEFT* (C) + }
ORS 166.015 RIOT (C)
ORS 166.165 INTIMIDATION I (C)
ORS 166.220 UNLAWFUL USE OF WEAPON (C)
ORS 166.270 EX-CON IN POSSESSION OF FIREARM (C)
ORS 166.272 UNLAWFUL POSSESSION OF FIREARM (B)
ORS 166.370(1) INTENT POSS. FIREARM
and (3)(a) OR DANG. WEAP. IN PUBLIC BUILDING;
DISCHARGE FIREARM IN SCHOOL (C)
ORS 166.382 POSSESSION OF DESTRUCTIVE DEVICE (C)
ORS 166.384 UNLAWFUL MANUFACTURE OF DESTRUCTIVE
DEVICE (C)
ORS 166.410 ILLEGAL MANUFACTURE, IMPORTATION OR
TRANSFER OF FIREARMS (B)
ORS 167.388 INTERFERE LIVESTOCK PRODUCTION * (C)
{ +
ORTRADEMARK COUNTERF(C)ING II*
ORS 647.150 TRADEMARK COUNTERFEITING I* (B) + }
ORS 811.182 DRIVING WHILE SUSPENDED/REVOKED (C)
ORS 811.705 HIT & RUN VEHICLE (INJURY) (C)
ORS 813.010 FELONY DRIVING UNDER THE INFLUENCE (C)
ORS 819.300 POSSESSION OF STOLEN VEHICLE* (C)
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.)
ORS 830.475 HIT AND RUN BOAT (C)
Enrolled House Bill 2174 (HB 2174-A) Page 32
{ -
19FELONYgPUBLICsINDE(C)C- }
{ -
19TRADEMARK COUNTERF(B)I-G}I*
{ -
19TRADEMARK COUNTERF(C)I-G}II*
{ -
19IDENTITYnTHEFT*Ch (C)2- }
{ +
20UNLAWFULnPOSSESShS(B) BODY ARMOR
(If offender committed or was attempting to commit
a person felony or misdemeanor involving violence,
otherwise CC 4.)
2001 Oregon Laws CINTERFERE W/ AGRICULTURAL RESEA(C)*+ }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* 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.
OAR 213- { + 0 + }17- { + 0 + }007
Crime Category 5
The following offenses are classified at crime category 5 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Chapter 59 BLUE SKY LAWS & SECURITIES LAWS* (C)
{ +
DRUG-RELATED OFFENSES. (See Division 19) + }
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.)
ORS 163. { -
157 - }
{ +
537 + }
BUYING OR SELLING THE
CUSTODY OF A MINOR (B)
(if cannot be ranked at CC 8)
ORS 163.686 ENCOURAGING CHILD SEX ABUSE II (C)
ORS 164.055 THEFT I * (C)
ORS 164.057 AGGRAVATED THEFT (B)
(If not categorized at CC 6.)
ORS 164.065 THEFT OF LOST/MISLAID PROPERTY * (C)
ORS 164.075 THEFT BY EXTORTION * (B)
ORS 164.085 THEFT BY DECEPTION * (C)
ORS 164.095 THEFT BY RECEIVING (C)
(If part of an organized operation; otherwise CC 3.)
ORS 164.125 THEFT OF SERVICES* (C)
Enrolled House Bill 2174 (HB 2174-A) Page 33
ORS 164.135 UNAUTHORIZED USE OF VEHICLE * (C)
ORS 164.140(4) POSSESSION OF RENTED PROPERTY * (C)
ORS 164.215 BURGLARY II* (C)
ORS 164.315 ARSON II * (C)
ORS 164.365 CRIMINAL MISCHIEF I * (C)
ORS 164.377 COMPUTER FRAUD (LOTTERY) * (C)
ORS 164.377(3) COMPUTER CRIME* (C)
ORS 164.395 ROBBERY III (C)
ORS 164.868 UNLAWFUL LABEL SOUND RECORDING * (C)
ORS 164.869 UNLAWFUL RECORD LIVE PERFORMANCE * (C)
ORS 164.872 UNLAWFUL LABEL VIDEOTAPE * (C)
ORS 165.013 FORGERY I * (C)
ORS 165.022 CRIMINAL POSSESSION OF FORGED INSTR(C)NT I*
ORS 165.055(3)(A) CREDIT CARD FRAUD * (C)
ORS 165.065 NEGOTIATING BAD CHECKS * (C)
ORS 165.074 UNLAWFUL CREDIT CARD * (C)
{ +
ORIDENTITY0THEFT* (C) + }
ORS 166.087 ABUSE OF CORPSE I (B)
ORS 166.385(3) FELONY POSSESSION OF A HOAX DESTRUCTIVE
DEVICE (C)
ORS 167.388 INTERFERE LIVESTOCK PRODUCTION * (C)
ORS 819.300 POSSESSION OF STOLEN VEHICLE* (C)
ORS 819.310 TRAFFICKING IN STOLEN VEHICLES (C)
(If not categorized at CC 6.)
{ +
ORTRADEMARK COUNTERF(C)ING II*
ORS 647.150 TRADEMARK COUNTERFEITING I* (B) + }
{ -
19TRADEMARK -a}s Ch 722
{ -
COUNTERFEITING I* - }
{ -
(B) - }
{ -
19TRADEMARK COUNTERFEITING II* - }
{ -
(C) - }
{ -
19IDENTITYnTHEFT*C- }022
{ -
(C) - }
{ +
20INTERFERE W/AGRICU(C)R+L}RESEARCH*
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* Property offenses marked with an asterisk shall be ranked at
Crime Category 5 if the value of the property stolen was $10,000
but less than $50,000, excluding the theft of a motor vehicle
used primarily for personal rather than commercial
transportation.
OAR 213- { + 0 + }17- { + 0 + }008
Crime Category 4
The following offenses are classified at crime category 4 on
the Crime Seriousness Scale:
Enrolled House Bill 2174 (HB 2174-A) Page 34
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Chapter 59 BLUE SKY LAWS & SECURITIES LAWS* (C)
DRUG OFFENSES (See, Division 19)
ORS 162.185 SUPPLYING CONTRABAND (C)
(If offense cannot be ranked at CC 5, 6 or 7.)
ORS 162.205 FTA I (C)
ORS 163.245 CUSTODIAL INTERFERENCE II (C)
ORS 163.547 CHILD NEGLECT I (B)
ORS 163.689 POSSESSION OF MATERIAL DEPICTING SEX.
EXPLICIT CONDUCT OF CHILD II (C)
ORS 164.055 THEFT I * (C)
ORS 164.065 THEFT OF LOST/MISLAID PROPERTY * (C)
ORS 164.075 THEFT BY EXTORTION * (B)
ORS 164.085 THEFT BY DECEPTION * (C)
ORS 164.125 THEFT OF SERVICES * (C)
ORS 164.135 UNAUTHORIZED USE OF VEHICLE * (C)
ORS 164.140(4) POSSESSION OF RENTED PROPERTY * (C)
ORS 164.215 BURGLARY II * (C)
ORS 164.315 ARSON II * (C)
ORS 164.365 CRIMINAL MISCHIEF I * (C)
(except ORS 164.365(1)(e))
ORS 164.377 COMPUTER FRAUD (LOTTERY) * (C)
ORS 164.377(3) COMPUTER CRIME* (C)
ORS 164.868 UNLAWFUL LABEL SOUND RECORDING * (C)
ORS 164.869 UNLAWFUL RECORD LIVE PERFORMANCE * (C)
ORS 164.872 UNLAWFUL LABEL VIDEOTAPE * (C)
ORS 165.013 FORGERY I * (C)
ORS 165.022 CRIMINAL POSSESSION OF FORGED INSTR(C)NT I*
ORS 165.032 CRIMINAL POSSESSION OF FORGERY DEVI(C)
ORS 165.055(3)(A) CREDIT CARD FRAUD * (C)
ORS 165.065 NEGOTIATING BAD CHECKS * (C)
ORS 165.074 UNLAWFUL CREDIT CARD * (C)
ORS 165.581 CELLULAR COUNTERFEITING I (B)
{ +
ORIDENTITY0THEFT* (C) + }
ORS 167.262 USE MINOR DRUG OFFENSE (A)
(CC 8 if minor 3 or more yrs. younger than offender)
ORS 167.388 INTERFERE LIVESTOCK PRODUCTION * (C)
ORS 181.599 FAIL/REPORT SEX OFFENDER (C)
ORS 819.300 POSSESSION OF STOLEN VEHICLE* (C)
{ +
ORTRADEMARK COUNTERF(C)ING II*
ORS 647.150 TRADEMARK COUNTERFEITING I* (B) + }
{ -
19TRADEMARK COUNTERF(B)I-G}I*
{ -
19TRADEMARK COUNTERF(C)I-G}II*
{ -
19IDENTITYnTHEFT*Ch (C)2- }
{ +
20INTERFERE W/wAGRIC(C)URAL RESEARCH*
2001 Oregon Laws CUNLAWFUL POSSESS SOFT BODY ARMOR (B)
Enrolled House Bill 2174 (HB 2174-A) Page 35
(If not categorized at CC 6) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* 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.
OAR 213- { + 0 + }17- { + 0 + }009
Crime Category 3
The following offenses are classified at crime category 3 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS Chapter 59 BLUE SKY LAWS & SECURITIES LAWS* (C)
ORS 162.305(2)(b) TAMPER LOTTERY RECORDS (C)
ORS 162.355 SIMULATING LEGAL PROCESS (C)
ORS 162.365(b) CRIMINAL IMPERSONATION OF PEACE OFFICER,
JUDGE OR JUSTICE OF THE PEACE (C)
ORS 162.367 FALSE LAW ENFORCEMENT ID (C)
ORS 163.535 ABANDON CHILD (C)
(If not ranked at CC 7.)
ORS 163.555 CRIMINAL NONSUPPORT (C)
ORS 164.055 THEFT I * (C)
ORS 164.065 THEFT OF LOST/MISLAID PROPERTY * (C)
ORS 164.075 THEFT BY EXTORTION * (B)
ORS 164.085 THEFT BY DECEPTION * (C)
ORS 164.095 THEFT BY RECEIVING (C)
(If not ranked at CC 5.)
ORS 164.125 THEFT OF SERVICES* (C)
ORS 164.135 UNAUTHORIZED USE OF VEHICLE * (C)
ORS 164.140(4) POSSESSION OF RENTED PROPERTY * (C)
ORS 164.215 BURGLARY II * (C)
ORS 164.315 ARSON II * (C)
ORS 164.365 CRIMINAL MISCHIEF I * (C)
(except ORS 164.365(1)(e))
ORS 164.377 COMPUTER FRAUD (LOTTERY) * (C)
ORS 164.377(3) COMPUTER CRIME* (C)
ORS 164.868 UNLAWFUL LABEL SOUND RECORDING * (C)
ORS 164.869 UNLAWFUL RECORD LIVE PERFORMANCE * (C)
ORS 164.872 UNLAWFUL LABEL VIDEOTAPE * (C)
ORS 165.013 FORGERY I * (C)
ORS 165.022 CRIMINAL POSSESSION OF FORGED INSTR(C)NT I *
ORS 165.055(3)(A) CREDIT CARD FRAUD * (C)
ORS 165.065 NEGOTIATING BAD CHECKS * (C)
ORS 165.070 POSSESSION OF FAKE COMMUNICATIONS D(C)CE
ORS 165.074 UNLAWFUL CREDIT CARD * (C)
{ +
ORIDENTITY0THEFT* (C) + }
ORS 166.085 ABUSE OF CORPSE II (C)
ORS 167.062(4) PROMOTING LIVE SEX SHOW (C)
Enrolled House Bill 2174 (HB 2174-A) Page 36
ORS 167.137 UNLAWFUL GAMBLING I (C)
ORS 167.137 POSSESSION OF GAMBLING RECORDS I (C)
{ +
ORFELONY3ANIMAL ABUS(C) + }
ORS 167.322 AGGRAVATED ANIMAL ABUSE I (C)
ORS 167.388 INTERFERE LIVESTOCK PRODUCTION * (C)
ORS 819.300 POSSESSION OF STOLEN VEHICLE* (C)
{ +
ORTRADEMARK COUNTERF(C)ING II*
ORS 647.150 TRADEMARK COUNTERFEITING I* (B) + }
{ -
19TRADEMARK COUNTERF(B)I-G}I*
{ -
19TRADEMARK COUNTERF(C)I-G}II*
{ -
19IDENTITYnTHEFT*Ch (C)2- }
{ +
20INTERFERE W/wAGRIC(C)URAL RESEARCH*
2001 Oregon Laws 5PAYMENT FOR INTERNET GAMBLING (C) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* 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.
OAR 213- { + 0 + }17- { + 0 + }010
Crime Category 2
The following offenses are classified at crime category 2 on
the Crime Seriousness Scale:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS Chapter 59 BLUE SKY LAWS & SECURITIES LAWS* (C)
ORS 164.055 THEFT I * (C)
ORS 164.065 THEFT OF LOST/MISLAID PROPERTY * (C)
ORS 164.075 THEFT BY EXTORTION * (B)
ORS 164.085 THEFT BY DECEPTION * (C)
ORS 164.125 THEFT OF SERVICES* (C)
ORS 164.135 UNAUTHORIZED USE OF VEHICLE * (C)
ORS 164.140(4) POSSESSION OF RENTED PROPERTY * (C)
ORS 164.215 BURGLARY II * (C)
ORS 164.315 ARSON II * (C)
ORS 164.365 CRIMINAL MISCHIEF I * (C)
(except ORS 164.365(1)(e))
ORS 164.377 COMPUTER FRAUD (LOTTERY) * (C)
ORS 164.377(3) COMPUTER CRIME* (C)
ORS 164.868 UNLAWFUL LABEL SOUND RECORDING * (C)
ORS 164.869 UNLAWFUL RECORD LIVE PERFORMANCE * (C)
Enrolled House Bill 2174 (HB 2174-A) Page 37
ORS 164.872 UNLAWFUL LABEL VIDEOTAPE * (C)
ORS 165.013 FORGERY I (C)
ORS 165.022 CRIMINAL POSSESSION FORGED INSTRUME(C)I *
ORS 165.055(3)(A) CREDIT CARD FRAUD * (C)
ORS 165.065 NEGOTIATING BAD CHECKS * (C)
ORS 165.074 UNLAWFUL CREDIT CARD * (C)
ORS 165.085 SPORTS BRIBERY (C)
ORS 165.090 RECEIVING SPORTS BRIBE (C)
ORS 165.579 CELLULAR COUNTERFEIT II (C)
{ +
ORIDENTITY0THEFT* (C) + }
ORS 167.164 POSSESS GRAY MACHINE (C)
ORS 167.167 CHEATING AT GAMBLING (C)
ORS 167.388 INTERFERE LIVESTOCK PRODUCTION * (C)
ORS 411.630 OBTAINING PUBLIC ASSISTANCE UNLAWFU(C)
ORS 411.840 OBTAIN/USE FOOD STAMPS UNLAWFULLY (C)
ORS 496.992(3) VIOLATION OF WILDLIFE LAWS (C)
ORS 811.540 FELONY ATTEMPTING TO ELUDE
(in a vehicle) (C)
ORS 819.300 POSSESSION OF STOLEN VEHICLE* (C)
{ +
ORTRADEMARK COUNTERF(C)ING II*
ORS 647.150 TRADEMARK COUNTERFEITING I* (B) + }
{ -
19TRADEMARK COUNTERF(B)I-G}I*
{ -
19TRADEMARK COUNTERF(C)I-G}II*
{ -
19IDENTITYnTHEFT*C- }022
{ -
(C) - }
{ +
20INTERFERE W/AGRICU(C)RAL RESEARCH*
2001 Oregon Laws CFELON POSSESS SOFT BODY ARMOR (C) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* 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.
OAR 213- { + 0 + }17- { + 0 + }011
Crime Category 1
The following offenses are classified at crime category 1 on
the Crime Seriousness Scale:
DRUG POSSESSION/PERSONAL USE (See, Division 19)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ORS 163.515 BIGAMY (C)
ORS 163.525 INCEST (C)
(If the incestuous relationship is between adults;
otherwise CC 6.)
ORS 166.450 ALTERING FIREARM ID. (C)
Enrolled House Bill 2174 (HB 2174-A) Page 38
ORS 166.651 THROW OBJECT OFF OVERPASS (C)
ORS 166.660 UNLAWFUL PARAMILITARY ACTIVITY (C)
ORS 167.212 TAMPERING W/ DRUG RECORDS (C)
ORS 432.993 UNLAWFUL USE OF A VITAL RECORD OR R(C)RT
ORS 468.953 SUPPLY FALSE INFO TO AGENCY
(ENVIRONMENTAL) (C)
ORS 475.993(2)(a) FAILURE TO MAINTAIN RECORDS OF CONTROLLED
SUBSTANCES (C)
{ +
ORINDUCING2AN ATHLET(C)ONTRACT
ORS 702.042 ATHLETIC AGENT NOTICE REQUIREMENT (C)
ORS 717.905(2) FALSE STATEMENT MONEY TRANSMISSION (C)
ORS 717.905(3) ENGAGE MONEY TRANSMISSION W/OUT(C)C+N}E
ORS 803.080 UNLAWFULLY PUBLISHING CERTIFICATE O(C)ITLE
ORS 803.230 FORGE/ALTER VEHICLE TITLE/REG. (C)
ORS 822.605 FALSE SWEARING VEHICLE BUSINESS (C)
{ -
1999 Oregon Laws Ch 571, FALSE STATEMENT/MONEY TRANSMISSION - }
{ -
BUSINESS (C) - }
{ -
1999 Oregon Laws Ch 571, ENGAGE IN MONEY TRANSMISSION BUSINESS - }
{ -
w/out LICENSE (C) - }
{ -
1999 Oregon Laws Ch (C)9- }THLETIC AGENT NOTICE REQUIREMENT
{ -
1999 Oregon Laws Ch (C)9- }NDUCING AN ATHLETE/CONTRACT
{ +
20DISTRIBUTEL>w60,00(C)IGARETTES-NO LICENSE
2001 Oregon Laws CTRANSPORT > 60,000 CIGARETTES-NO PE(C)T
2001 Oregon Laws CFALSE REPORT TO EVADE CIGARETTE(C)X+ }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
OAR 213- { + 0 + }18- { + 0 + }000
Offense Subcategories
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.
The sub-categorized offenses are presented in alphabetical
order.
OAR 213- { + 0 + }18- { + 0 + }005
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.
Enrolled House Bill 2174 (HB 2174-A) Page 39
(2) CRIME CATEGORY 3: Abandonment of a Child shall be ranked at
Crime Category 3, if it cannot be ranked at Crime Category 7.
OAR 213- { + 0 + }18- { + 0 + }010
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.
OAR 213- { + 0 + }18- { + 0 + }015
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.
OAR 213- { + 0 + }18- { + 0 + }020
Assault I (ORS 163.185)
(1) CRIME CATEGORY 10: Assault I shall be ranked at Crime
Category 10 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.
OAR 213- { + 0 + }18- { + 0 + }025
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.
OAR 213- { + 0 + }18- { + 0 + }030
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.
Enrolled House Bill 2174 (HB 2174-A) Page 40
OAR 213- { + 0 + }18- { + 0 + }035
Coercion (ORS 163.275)
(1) CRIME CATEGORY 7: Coercion shall be ranked at Crime
Category 7 if the offender threatened to cause physical injury to
some person (ORS 163.275(1)(a)).
(2) CRIME CATEGORY 6: Coercion shall be ranked at Crime
Category 6 if it cannot be ranked at Crime Category 7.
OAR 213 { + -0 + }18 { + -0 + }040
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.
OAR 213 { + -0 + }18 { + -0 + }045
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.
OAR 213- { + 0 + }18- { + 0 + }050
PROPERTY OFFENSES
(1) The same offense seriousness subcategories shall be used
for the following offenses ('property offenses'):
Arson II (ORS 164.315)
Blue Sky Laws and Securities Laws (ORS Chapter 59)
Burglary II (ORS 164.215)
Computer Crime (ORS 164.377(2)(3))
Computer Fraud (Lottery) (ORS 164.377)
Credit Card Fraud (ORS 165.055(3)(b))
Criminal Mischief I (ORS 164.365)(EXCEPT ORS 164.365(1)(f).
Criminal Possession of Forged Instrument I (ORS 165.022)
Forgery I (ORS 165.013)
Identity Theft, { - 1999 Oregon Laws Chapter 1022 - }
{ + (ORS 165.800)
Interference with Agricultural Research, 2001 Oregon Laws,
Chapter 147 + }
Interference with Livestock Production (ORS 167.388)
Negotiating Bad Checks (ORS 165.065)
Possession of Rented Property ORS 164.140(4))
Possession of Stolen Vehicle (ORS 819.300).
Theft by Deception (ORS 164.085)
Theft by Extortion (ORS 164.075)(except if threat of physical
injury (CC 7))
Theft I (ORS 164.055)
Theft of Lost/Mislaid Property (ORS 164.065)
Theft of Services (ORS 164.125)
Trademark Counterfeiting I and II, { - 1999 Oregon Laws
Chapter 722 - } { + (ORS 647.150; ORS 647.145) + }
Unauthorized Use of Vehicle (ORS 164.135)
Unlawful Credit Card Factoring (ORS 165.074)
Unlawful Label Sound Recording (ORS 164.868)
Enrolled House Bill 2174 (HB 2174-A) Page 41
Unlawful Label Videotape (ORS 164.872)
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(3)(a) 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 165.055(3)(a) 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(3)(a), the value of
the property stolen or destroyed was $5000 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(3)(a), the value of
the property stolen or destroyed was $1000 or more but less than
$5000; 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.
OAR 213 { + -0 + }18 { + -0 + }055
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;
Enrolled House Bill 2174 (HB 2174-A) Page 42
(c) The victim was under the age of twelve; or
(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.
OAR 213 { + -0 + }18 { + -0 + }060
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;
(c) The victim was under the age of twelve; or
(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.
OAR 213- { + 0 + }18- { + 0 + }065
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;
(c) The victim was under the age of twelve; or
(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.
OAR 213- { + 0 + }18- { + 0 + }070
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.
OAR 213- { + 0 + }18- { + 0 + }075
THEFT BY EXTORTION (ORS 164.075)
(1) CRIME CATEGORY 7
Enrolled House Bill 2174 (HB 2174-A) Page 43
Theft by 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) OTHERWISE RATE AS A PROPERTY OFFENSE
Theft by 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.
OAR 213- { + 0 + }18- { + 0 + }080
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.
OAR 213- { + 0 + }18- { + 0 + }085
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.
OAR 213- { + 0 + }19- { + 0 + }000
Offense Subcategories for Drug-Related Offenses
The following crime seriousness sub-classifications have been
identified for drug-related offenses.
OAR 213- { + 0 + }19- { - 001 - } { + 0008 + }
CRIME CATEGORY 8--AGGRAVATED DRUG OFFENSES
(1) ORS 475.999 Manufacture or Delivery of Controlled Substance
Within 1,000 Feet of School
(2) ORS 475.995 Distribution to Minors
Distribution to Minors shall be classified in Crime Category 8
if the offender is more than three years older than the person
receiving the drugs. If the offender is less than three years
older than the person receiving the drugs, the Distribution to
Minors shall be ranked according to the sub-categories identified
for ORS 475.992.
(3) ORS 167.262 Using a Minor in Controlled Substance Offenses
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.
(4) ORS 475.992 Manufacture and Delivery - Substantial
Quantities
Manufacture and Delivery of Controlled Substances shall be
ranked at Crime Category 8 if the violation involves substantial
quantities as set forth at ORS 475.996(1)(a).
(5) ORS 475.992 Manufacture/Delivery/Possession -Commercial
Drug Offense
Enrolled House Bill 2174 (HB 2174-A) Page 44
Manufacture, Delivery or Possession of Controlled Substances
shall be ranked at Crime Category 8 if the violation is a
commercial drug offense as set forth at ORS 475.996(1)(b).
{ + (6) 2001 Oregon Laws, Chapter 510, Causing Another to
Ingest a Controlled Substance.
Causing Another to Ingest a Controlled Substance shall be
ranked at Crime Category 8 if it cannot be ranked at Crime
Category 9.
(7) 2001 Oregon Laws, Chapter 857, Unlawful Administration of a
Controlled Substance.
Unlawful Administration of a Controlled Substance shall be
ranked at Crime Category 8 when the substance is a Schedule III
controlled substance. + }
OAR 213- { + 0 + }19- { - 002 - } { + 0010 + }
CRIME CATEGORY 6--MAJOR DRUG OFFENSES
(1) 475.992 Delivery
Delivery of heroin, cocaine { + , + } { - or M - }
{ + m + }ethamphetamine { + or ecstasy + } for consideration
shall be ranked at Crime Category 6.
(2) 475.992 Possession
Possession of a Controlled Substance shall be ranked at Crime
Category 6 if the violation involves substantial quantities as
set forth at ORS 475.996(2)(b).
{ + (3) 2001 Oregon Laws Chapter 615 Possession of a
Precursor Substance with the Intent to Manufacture.
Possession of a Precursor Substance with Intent to Manufacture
a Controlled Substance shall be ranked at Crime Category 6. + }
OAR 213- { + 0 + }19- { - 003 - } { + 0012 + }
CRIME CATEGORY 4--DRUG OFFENSES
(1) 475.992 { - Manufacture and - } Delivery
All other { - Manufacture or - } Delivery of { + a + }
Controlled Substance { - s - } shall be ranked at Crime
Category 4 if { - they - } { + it + } cannot be ranked at
Crime Category 8 or 6.
{ + (2) 475.992 Manufacture
Manufacture of a Controlled Substance shall be ranked at Crime
Category 4 if it cannot be ranked at Crime Category 8.
(3) + }ORS 167.262 Using a Minor in Controlled Substance
Offense
Using a minor in a drug offense shall be ranked at Crime
Category 4 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.
OAR 213- { + 0 + }19- { - 004 - } { + 0015 + }
CRIME CATEGORY 1--DRUG POSSESSION FOR PERSONAL USE
(1) 475.992(4) Possession
Possession of a Controlled Substance shall be ranked at Crime
Category 1 if it cannot be ranked at Crime Category 6 or 8.
SECTION 3. { + The rules and the amendments to rules approved
by sections 1 and 2 of this 2003 Act take effect on and apply to
offenses committed on or after the effective date of this 2003
Act. + }
SECTION 4. ORS 137.667 is amended to read:
137.667. (1) The Oregon Criminal Justice Commission shall
review all new legislation that creates new crimes or modifies
existing crimes. The commission shall adopt by rule any necessary
modifications to the crime seriousness scale of the guidelines to
Enrolled House Bill 2174 (HB 2174-A) Page 45
reflect the actions of the Legislative Assembly and may classify
offenses as person felonies or person misdemeanors for purposes
of the rules.
(2) The commission may adopt by majority vote of all of its
members { + who are eligible to vote + } amendments to the
sentencing guidelines approved by section 87, chapter 790, Oregon
Laws 1989. The commission shall submit the amendments to the
Legislative Assembly for its approval. The amendments
{ - shall - } { + do + } not become effective unless approved
by the Legislative Assembly by { - statute - } { + law + }.
The effective date of the amendments { - shall be the - } { +
is the + } date specified by the Legislative Assembly in the
{ - statute - } { + law + } approving the amendments { + or,
if the Legislative Assembly does not specify a date, the
effective date of the law approving the amendments + }. The
Legislative Assembly may by { - statute - } { + law + }
amend, repeal or supplement any of the amendments.
(3) The provisions of subsection (2) of this section do not
apply to amendments to the guidelines adopted by the commission
that { + :
(a) + } Are required to implement enactments of the Legislative
Assembly { - or - } { + ;
(b) Are required + } under ORS 421.512 (2) or subsection (1) of
this section { + ; or
(c)(A) Renumber rules or parts of rules, change internal
references to agree with statute or rule numbers, delete
references to repealed statutes or rules, substitute statute
references for chapter numbers, change capitalization and
spelling for the purpose of uniformity or correct manifest
clerical, grammatical or typographical errors; and
(B) Do not alter the sense, meaning, effect or substance of the
rule amended + }.
(4) If a rule adopted under subsection (1) of this section is
not approved by the next regular Legislative Assembly following
the adoption of the rule, the rule is repealed on January 1
following adjournment sine die of that Legislative Assembly.
----------
Passed by House April 23, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 6, 2003
...........................................................
President of Senate
Enrolled House Bill 2174 (HB 2174-A) Page 46
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2174 (HB 2174-A) Page 47
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 28.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 29.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 31.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 32.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 33.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 35.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 38.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 39.