Chapter 473 Oregon Laws 2005

AN ACT

SB 914

Relating to presentence reports; amending ORS 144.791.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 144.791 is amended to read:

144.791. (1) When a person is convicted of a felony, including a felony sexual offense, the sentencing court may order a presentence report upon its own motion or upon the request of the district attorney or the defendant.

(2) The sentencing court shall order a presentence report if the defendant is convicted of a felony sexual offense unless:

(a) The defendant, as part of the same prosecution, is convicted of aggravated murder;

(b) The felony sexual offense requires the imposition of a mandatory minimum prison sentence and no departure is sought by the court, district attorney or defendant; or

(c) The felony sexual offense requires imposition of a presumptive prison sentence and no departure is sought by the court, district attorney or defendant.

(3) The Department of Corrections shall:

(a) Require that a presentence report provide an analysis of what disposition is most likely to reduce the offender’s criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody, whether provided by the department or another entity;

[(a)] (b) Determine what additional information must be included in [a] the presentence report; and

[(b)] (c) Establish a uniform presentence report form.

Approved by the Governor July 7, 2005

Filed in the office of Secretary of State July 7, 2005

Effective date January 1, 2006

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