74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1037
A-Engrossed
House Bill 2329
Ordered by the House May 4
Including House Amendments dated May 4
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Decreases penalty for crime of cheating to maximum of one
year's imprisonment, $6,250 fine, or both. - }
{ + Increases presumptive sentences for specified property
crimes committed by persons with previous convictions.
Requires court to determine if defendant is eligible for
alternative incarceration program when defendant is sentenced to
incarceration that exceeds one year and if court finds that
participation is appropriate or parties stipulate on record that
defendant is eligible.
Requires stipulation for specified violent felonies and certain
sex crimes or for person who previously completed alternative
incarceration program and is being sentenced for crime committed
less than five years from date of release from custody.
Requires court to state on record maximum possible reduction of
sentence defendant may receive for successfully completing
alternative incarceration program. Requires offender who has
successfully completed alternative incarceration program to serve
at least 12 months and that offender have no more than 24 months
remaining on sentence imposed before release on post-prison
supervision. + }
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
137.712, 137.717, 137.750, 421.502, 421.508 and 421.510.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.717 is amended to read:
137.717. (1) When a court sentences a person convicted of:
(a) Aggravated theft in the first degree under ORS
164.057 { + , + }
{ - or - } burglary in the first degree under ORS 164.225 { +
or robbery in the third degree under ORS 164.395 + }, the
presumptive sentence is
{ - 19 - } { + 27 + } months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, burglary in the first degree under ORS
164.225, { + robbery in the third degree under ORS 164.395, + }
robbery in the second degree under ORS 164.405 or robbery in the
first degree under ORS 164.415; or
(B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
(b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, burglary in the second degree
under ORS 164.215, criminal mischief in the first degree under
ORS 164.365, computer crime under ORS 164.377, forgery in the
first degree under ORS 165.013, { + criminal possession of a
forged instrument in the first degree under ORS 165.022,
fraudulent use of a credit card under ORS 165.055 (4)(b), + }
identity theft under ORS 165.800, possession of a stolen vehicle
under ORS 819.300 or trafficking in stolen vehicles under ORS
819.310, the presumptive sentence is { - 13 - } { + 18 + }
months of incarceration, unless the rules of the Oregon Criminal
Justice Commission prescribe a longer presumptive sentence, if
the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, unauthorized use of a vehicle under ORS
164.135, burglary in the first degree under ORS 164.225, { +
robbery in the third degree under ORS 164.395, + } robbery in the
second degree under ORS 164.405, robbery in the first degree
under ORS 164.415, possession of a stolen vehicle under ORS
819.300 or trafficking in stolen vehicles under ORS 819.310; or
(B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
(2) The crimes to which subsection (1) of this section applies
are:
(a) Theft in the second degree under ORS 164.045;
(b) Theft in the first degree under ORS 164.055;
{ - (c) Aggravated theft in the first degree under ORS
164.057; - }
{ - (d) - } { + (c) + } Unauthorized use of a vehicle under
ORS 164.135;
{ - (e) - } { + (d) + } Burglary in the second degree under
ORS 164.215;
{ - (f) Burglary in the first degree under ORS 164.225; - }
{ - (g) - } { + (e) + } Criminal mischief in the second
degree under ORS 164.354;
{ - (h) - } { + (f) + } Criminal mischief in the first
degree under ORS 164.365;
{ - (i) - } { + (g) + } Computer crime under ORS 164.377;
{ - (j) - } { + (h) + } Forgery in the second degree under
ORS 165.007;
{ - (k) - } { + (i) + } Forgery in the first degree under
ORS 165.013;
{ - (L) - } { + (j) + } Criminal possession of a forged
instrument in the second degree under ORS 165.017;
{ - (m) - } { + (k) + } Criminal possession of a forged
instrument in the first degree under ORS 165.022;
{ - (n) - } { + (L) + } Fraudulent use of a credit card
under ORS 165.055;
{ - (o) - } { + (m) + } Identity theft under ORS 165.800;
{ - (p) - } { + (n) + } Possession of a stolen vehicle
under ORS 819.300; and
{ - (q) - } { + (o) + } Trafficking in stolen vehicles
under ORS 819.310.
{ + (3)(a) A presumptive sentence described in subsection
(1)(a) or (b) of this section shall be increased by two months
for each previous conviction the person has that:
(A) Was for any of the crimes listed in subsection (1) or (2)
of this section; and
(B) Was not used as a predicate for the presumptive sentence
under subsection (1)(a) or (b) of this section.
(b) Previous convictions under this subsection may not increase
a presumptive sentence described in subsection (1)(a) or (b) of
this section by more than 12 months. + }
{ - (3) - } { + (4) + } The court may impose a sentence
other than the sentence provided by subsection (1) { + or
(3) + } of this section if the court imposes:
(a) A longer term of incarceration that is otherwise required
or authorized by law; or
(b) A departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons. Unless the law or the rules of the Oregon
Criminal Justice Commission allow for imposition of a longer
sentence, the maximum departure allowed for a person sentenced
under this subsection is double the presumptive sentence provided
in subsection (1) { + or (3) + } of this section.
{ + (5) Notwithstanding subsection (4)(b) of this section,
the court may not sentence a person under subsection (4) of this
section to a term of incarceration that exceeds the period of
time described in ORS 161.605. + }
{ - (4) - } { + (6) + } As used in this section, 'previous
conviction ' includes:
(a) Convictions occurring before, on or after July 1, 2003; and
(b) Convictions entered in any other state or federal court for
comparable offenses.
{ - (5)(a) - } { + (7)(a) + } For a crime committed on or
after November 1, 1989, a conviction is considered to have
occurred upon the pronouncement of sentence in open court.
However, when sentences are imposed for two or more convictions
arising out of the same conduct or criminal episode, none of the
convictions is considered to have occurred prior to any of the
other convictions arising out of the same conduct or criminal
episode.
(b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
{ - (6) - } { + (8) + } For purposes of this section,
previous convictions must be proven pursuant to ORS 137.079.
{ + (9) A person sentenced under this section shall be
sentenced to at least the presumptive sentence described in
subsection (1) or (3) of this section if:
(a) At the time of the commission of the current crime of
conviction, the person was on probation for a crime described in
this section; and
(b) That probationary sentence was a departure from a
presumptive sentence described in subsection (1) or (3) of this
section. + }
SECTION 2. ORS 137.750 is amended to read:
137.750. (1) When a court sentences a defendant to a term of
incarceration upon conviction of a crime, the court shall order
on the record in open court as part of the sentence imposed that
the defendant may be considered by the executing or releasing
authority for any form of temporary leave from custody, reduction
in sentence, work release { - , alternative incarceration
program - } or program of conditional or supervised release
authorized by law for which the defendant is otherwise eligible
at the time of sentencing, unless the court finds on the record
in open court substantial and compelling reasons to order that
the defendant not be considered for such leave, release or
programs.
(2) The executing or releasing authority may consider the
defendant for the programs described in subsection (1) of this
section only upon order of the sentencing court appearing in the
judgment.
(3) As used in this section:
(a) 'Executing or releasing authority' means the Department of
Corrections, State Board of Parole and Post-Prison Supervision,
Psychiatric Security Review Board, sentencing court or
supervisory authority.
(b) 'Supervisory authority' has the meaning given that term in
ORS 144.087.
SECTION 3. { + (1) When the court sentences a defendant to a
term of incarceration that exceeds one year, the court shall
determine whether the defendant is eligible for a program. The
court shall order in the judgment that the Department of
Corrections may, in its discretion, accept the defendant into a
program if, after considering the following factors, the court
finds that participation in a program is appropriate:
(a) The requirements described in subsections (2), (3) and (4)
of this section;
(b) The nature of the offense;
(c) The harm to the victim caused by the defendant's criminal
conduct; and
(d) Whether society would benefit from and community safety
would be enhanced by the defendant participating in a program.
(2) Except as provided in subsection (5) of this section, a
defendant may not participate in a program if the defendant:
(a) Is being sentenced for a crime under ORS 163.145, 163.165
(1)(a) or (b) or 811.705 (2)(b); or
(b) Has previously completed a program, was released on
post-prison supervision under ORS 421.508 and is being sentenced
for a crime committed less than five years from the date the
defendant was released from physical custody or from the end of
the transitional leave period described in ORS 421.510, whichever
occurs later.
(3) A defendant who is being sentenced for a crime described in
ORS 181.594 (4) may not participate in a program.
(4) If the court determines that a defendant is eligible for a
program, the court shall:
(a) Order on the record in open court as part of the sentence
imposed that the defendant may be considered by the department
for a program; and
(b) State on the record that if the department accepts the
defendant into a program, the defendant may not be released from
a program on post-prison supervision until the defendant has no
more than 24 months remaining to serve on the term of
incarceration imposed by the court.
(5) Subject to the requirements of subsections (3) and (4) of
this section, the parties may stipulate to a defendant's program
eligibility. If the stipulation is approved by the court, the
court need not make explicit findings regarding the factors
described in subsection (1)(b) to (d) of this section.
(6) As used in this section, 'program' has the meaning given
that term in ORS 421.502. + }
SECTION 4. ORS 137.712 is amended to read:
137.712. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a
person is convicted of manslaughter in the second degree as
defined in ORS 163.125, assault in the second degree as defined
in ORS 163.175 (1)(b), kidnapping in the second degree as defined
in ORS 163.225, rape in the second degree as defined in ORS
163.365, sodomy in the second degree as defined in ORS 163.395,
unlawful sexual penetration in the second degree as defined in
ORS 163.408, sexual abuse in the first degree as defined in ORS
163.427 (1)(a)(A) or robbery in the second degree as defined in
ORS 164.405, the court may impose a sentence according to the
rules of the Oregon Criminal Justice Commission that is less than
the minimum sentence that otherwise may be required by ORS
137.700 or 137.707 if the court, on the record at sentencing,
makes the findings set forth in subsection (2) of this section
and finds that a substantial and compelling reason under the
rules of the Oregon Criminal Justice Commission justifies the
lesser sentence. When the court imposes a sentence under this
subsection, the person is { + only + } eligible for a reduction
in the sentence as provided in ORS 421.121 { + , 169.110 or
169.120 + } { - and any other statute - } .
(b) In order to make a dispositional departure under this
section, the court must make the following additional findings on
the record:
(A) There exists a substantial and compelling reason not relied
upon in paragraph (a) of this subsection;
(B) A sentence of probation will be more effective than a
prison term in reducing the risk of offender recidivism; and
(C) A sentence of probation will better serve to protect
society.
(2) A conviction is subject to subsection (1) of this section
only if the sentencing court finds on the record by a
preponderance of the evidence:
(a) If the conviction is for manslaughter in the second degree:
(A) That the defendant is the mother or father of the victim;
(B) That the death of the victim was the result of an injury or
illness that was not caused by the defendant;
(C) That the defendant treated the injury or illness solely by
spiritual treatment in accordance with the religious beliefs or
practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victim's recovery from
the injury or illness;
(D) That no other person previously under the defendant's care
has died or sustained significant physical injury as a result of
or despite the use of spiritual treatment, regardless of whether
the spiritual treatment was used alone or in conjunction with
medical care; and
(E) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
(b) If the conviction is for assault in the second degree:
(A) That the victim was not physically injured by means of a
deadly weapon;
(B) That the victim did not suffer a significant physical
injury; and
(C) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(c) If the conviction is for kidnapping in the second degree:
(A) That the victim was at least 12 years of age at the time
the crime was committed; and
(B) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(d) If the conviction is for robbery in the second degree:
(A) That the victim did not suffer a significant physical
injury;
(B) That, if the defendant represented by words or conduct that
the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of
imminent significant physical injury;
(C) That, if the defendant represented by words or conduct that
the defendant was armed with a deadly weapon, the representation
did not reasonably put the victim in fear of imminent physical
injury; and
(D) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(e) If the conviction is for rape in the second degree, sodomy
in the second degree or sexual abuse in the first degree:
(A) That the victim was at least 12 years of age, but under 14
years of age, at the time of the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim; and
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense.
(f) If the conviction is for unlawful sexual penetration in the
second degree:
(A) That the victim was 12 years of age or older at the time of
the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim;
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
(G) That the object used to commit the unlawful sexual
penetration was the hand or any part thereof of the defendant.
(3) In making the findings required by subsections (1) and (2)
of this section, the court may consider any evidence presented at
trial and may receive and consider any additional relevant
information offered by either party at sentencing.
(4) The crimes to which subsection (2)(a)(E), (b)(C), (c)(B),
(d)(D), (e)(B) and (f)(B) of this section refer are:
(a) A crime listed in ORS 137.700 (2) or 137.707 (4);
(b) Escape in the first degree, as defined in ORS 162.165;
(c) Aggravated murder, as defined in ORS 163.095;
(d) Criminally negligent homicide, as defined in ORS 163.145;
(e) Assault in the third degree, as defined in ORS 163.165;
(f) Criminal mistreatment in the first degree, as defined in
ORS 163.205 (1)(b)(A);
(g) Rape in the third degree, as defined in ORS 163.355;
(h) Sodomy in the third degree, as defined in ORS 163.385;
(i) Sexual abuse in the second degree, as defined in ORS
163.425;
(j) Stalking, as defined in ORS 163.732;
(k) Burglary in the first degree, as defined in ORS 164.225,
when it is classified as a person felony under the rules of the
Oregon Criminal Justice Commission;
(L) Arson in the first degree, as defined in ORS 164.325;
(m) Robbery in the third degree, as defined in ORS 164.395;
(n) Intimidation in the first degree, as defined in ORS
166.165;
(o) Promoting prostitution, as defined in ORS 167.012; and
(p) An attempt or solicitation to commit any Class A or B
felony listed in paragraphs (a) to (L) of this subsection.
(5) Notwithstanding ORS 137.545 (5)(b), if a person sentenced
to probation under this section violates a condition of probation
by committing a new crime, the court shall revoke the probation
and impose the presumptive sentence of imprisonment under the
rules of the Oregon Criminal Justice Commission.
(6) As used in this section:
(a) 'Conviction' includes, but is not limited to:
(A) A juvenile court adjudication finding a person within the
court's jurisdiction under ORS 419C.005, if the person was at
least 15 years of age at the time the person committed the
offense that brought the person within the jurisdiction of the
juvenile court.
(B) A conviction in another jurisdiction for a crime that if
committed in this state would constitute a crime listed in
subsection (4) of this section.
(b) 'Previous conviction' means a conviction that was entered
prior to imposing sentence on the current crime provided that the
prior conviction is based on a crime committed in a separate
criminal episode. 'Previous conviction' does not include a
conviction for a Class C felony, including an attempt or
solicitation to commit a Class B felony, or a misdemeanor, unless
the conviction was entered within the 10-year period immediately
preceding the date on which the current crime was committed.
(c) 'Significant physical injury' means a physical injury that:
(A) Creates a risk of death that is not a remote risk;
(B) Causes a serious and temporary disfigurement;
(C) Causes a protracted disfigurement; or
(D) Causes a prolonged impairment of health or the function of
any bodily organ.
SECTION 5. ORS 137.712, as amended by section 22, chapter 843,
Oregon Laws 2005, is amended to read:
137.712. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a
person is convicted of manslaughter in the second degree as
defined in ORS 163.125, assault in the second degree as defined
in ORS 163.175 (1)(b), kidnapping in the second degree as defined
in ORS 163.225, rape in the second degree as defined in ORS
163.365, sodomy in the second degree as defined in ORS 163.395,
unlawful sexual penetration in the second degree as defined in
ORS 163.408, sexual abuse in the first degree as defined in ORS
163.427 (1)(a)(A) or robbery in the second degree as defined in
ORS 164.405, the court may impose a sentence according to the
rules of the Oregon Criminal Justice Commission that is less than
the minimum sentence that otherwise may be required by ORS
137.700 or 137.707 if the court, on the record at sentencing,
makes the findings set forth in subsection (2) of this section
and finds that a substantial and compelling reason under the
rules of the Oregon Criminal Justice Commission justifies the
lesser sentence. When the court imposes a sentence under this
subsection, the person is { + only + } eligible for a reduction
in the sentence as provided in ORS 421.121 { + , 169.110 or
169.120 + } { - and any other statute - } .
(b) In order to make a dispositional departure under this
section, the court must make the following additional findings on
the record:
(A) There exists a substantial and compelling reason not relied
upon in paragraph (a) of this subsection;
(B) A sentence of probation will be more effective than a
prison term in reducing the risk of offender recidivism; and
(C) A sentence of probation will better serve to protect
society.
(2) A conviction is subject to subsection (1) of this section
only if the sentencing court finds on the record by a
preponderance of the evidence:
(a) If the conviction is for manslaughter in the second degree:
(A) That the defendant is the mother or father of the victim;
(B) That the death of the victim was the result of an injury or
illness that was not caused by the defendant;
(C) That the defendant treated the injury or illness solely by
spiritual treatment in accordance with the religious beliefs or
practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victim's recovery from
the injury or illness;
(D) That no other person previously under the defendant's care
has died or sustained significant physical injury as a result of
or despite the use of spiritual treatment, regardless of whether
the spiritual treatment was used alone or in conjunction with
medical care; and
(E) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
(b) If the conviction is for assault in the second degree:
(A) That the victim was not physically injured by means of a
deadly weapon;
(B) That the victim did not suffer a significant physical
injury; and
(C) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(c) If the conviction is for kidnapping in the second degree:
(A) That the victim was at least 12 years of age at the time
the crime was committed; and
(B) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(d) If the conviction is for robbery in the second degree:
(A) That the victim did not suffer a significant physical
injury;
(B) That, if the defendant represented by words or conduct that
the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of
imminent significant physical injury;
(C) That, if the defendant represented by words or conduct that
the defendant was armed with a deadly weapon, the representation
did not reasonably put the victim in fear of imminent physical
injury; and
(D) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(e) If the conviction is for rape in the second degree, sodomy
in the second degree or sexual abuse in the first degree:
(A) That the victim was at least 12 years of age, but under 14
years of age, at the time of the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim; and
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense.
(f) If the conviction is for unlawful sexual penetration in the
second degree:
(A) That the victim was 12 years of age or older at the time of
the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim;
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
(G) That the object used to commit the unlawful sexual
penetration was the hand or any part thereof of the defendant.
(3) In making the findings required by subsections (1) and (2)
of this section, the court may consider any evidence presented at
trial and may receive and consider any additional relevant
information offered by either party at sentencing.
(4) The crimes to which subsection (2)(a)(E), (b)(C), (c)(B),
(d)(D), (e)(B) and (f)(B) of this section refer are:
(a) A crime listed in ORS 137.700 (2) or 137.707 (4);
(b) Escape in the first degree, as defined in ORS 162.165;
(c) Aggravated murder, as defined in ORS 163.095;
(d) Criminally negligent homicide, as defined in ORS 163.145;
(e) Assault in the third degree, as defined in ORS 163.165;
(f) Criminal mistreatment in the first degree, as defined in
ORS 163.205 (1)(b)(A);
(g) Rape in the third degree, as defined in ORS 163.355;
(h) Sodomy in the third degree, as defined in ORS 163.385;
(i) Sexual abuse in the second degree, as defined in ORS
163.425;
(j) Stalking, as defined in ORS 163.732;
(k) Burglary in the first degree, as defined in ORS 164.225,
when it is classified as a person felony under the rules of the
Oregon Criminal Justice Commission;
(L) Arson in the first degree, as defined in ORS 164.325;
(m) Robbery in the third degree, as defined in ORS 164.395;
(n) Intimidation in the first degree, as defined in ORS
166.165;
(o) Promoting prostitution, as defined in ORS 167.012; and
(p) An attempt or solicitation to commit any Class A or B
felony listed in paragraphs (a) to (L) of this subsection.
(5) Notwithstanding ORS 137.545 (5)(b), if a person sentenced
to probation under this section violates a condition of probation
by committing a new crime, the court shall revoke the probation
and impose the presumptive sentence of imprisonment under the
rules of the Oregon Criminal Justice Commission.
(6) As used in this section:
(a) 'Conviction' includes, but is not limited to:
(A) A juvenile court adjudication finding a person within the
court's jurisdiction under ORS 419C.005, if the person was at
least 15 years of age at the time the person committed the
offense that brought the person within the jurisdiction of the
juvenile court. 'Conviction' does not include a juvenile court
adjudication described in this subparagraph if the person
successfully asserted the defense set forth in ORS 419C.522.
(B) A conviction in another jurisdiction for a crime that if
committed in this state would constitute a crime listed in
subsection (4) of this section.
(b) 'Previous conviction' means a conviction that was entered
prior to imposing sentence on the current crime provided that the
prior conviction is based on a crime committed in a separate
criminal episode. 'Previous conviction' does not include a
conviction for a Class C felony, including an attempt or
solicitation to commit a Class B felony, or a misdemeanor, unless
the conviction was entered within the 10-year period immediately
preceding the date on which the current crime was committed.
(c) 'Significant physical injury' means a physical injury that:
(A) Creates a risk of death that is not a remote risk;
(B) Causes a serious and temporary disfigurement;
(C) Causes a protracted disfigurement; or
(D) Causes a prolonged impairment of health or the function of
any bodily organ.
SECTION 6. ORS 421.502 is amended to read:
421.502. As used in ORS 421.502 to 421.512:
(1) 'Cognitive restructuring' means any rehabilitation process
that redirects the thinking of an offender into more socially
acceptable directions and that is generally accepted by
rehabilitation professionals.
(2) 'Department' means the Department of Corrections.
(3) { - (a) - } 'Offender' { + means a person whom the court
has ordered the department to consider for a program under
section 3 of this 2007 Act. + } { - includes a person who: - }
{ - (A) Is in the custody of the department; and - }
{ - (B) Is at least 18 years of age at the time of entry into
the program. - }
{ - (b) 'Offender' includes a person who is under 18 years of
age and has been convicted of a crime upon remand from the
juvenile court. - }
{ - (c) 'Offender' does not include a person convicted of a
crime described in ORS 163.095, 163.115, 163.118, 163.235,
163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408,
163.411, 163.415, 163.425, 163.427, 163.435, 163.525, 164.325 or
164.415. - }
(4) 'Program' means the special alternative incarceration
program established under ORS 421.504 and the intensive
alternative incarceration addiction program established under ORS
421.506.
SECTION 7. ORS 421.508 is amended to read:
421.508. (1)(a) The Department of Corrections is responsible
for determining which offenders are eligible to participate in,
and which offenders are accepted for, a program. However, the
department may not consider an offender for a program unless
authorized to do so as provided in { - ORS 137.750 - } { +
section 3 of this 2007 Act + }.
(b) The department may not accept an offender into a program
unless the offender submits a written request to participate. The
request must contain a signed statement providing that the
offender:
(A) Is physically and mentally able to withstand the rigors of
the program; and
(B) Has reviewed the program description provided by the
department and agrees to comply with each of the requirements of
the program.
(c) The department may deny, for any reason, a request to
participate in a program. The department shall make the final
determination regarding an offender's physical or mental ability
to withstand the rigors of the program.
(d) If the department determines that an offender's
participation in a program is consistent with the safety of the
community, the welfare of the applicant, the program objectives
and the rules of the department, the department may, in its
discretion, accept the offender into the program.
(2) The department may suspend an offender from a program for
administrative or disciplinary reasons.
{ + (3) The department may not accept an offender into a
program if the offender has been removed from a program by the
department during the term of incarceration for which the
offender is currently sentenced. + }
{ - (3) - } { + (4) + } When an offender has successfully
completed a program, the department may release the offender on
post-prison supervision { - . - } { + if:
(a) The offender has served at least 12 months of the term of
incarceration imposed; and
(b) The offender has no more than 24 months remaining on the
term of incarceration imposed.
(5) For the purposes of calculating the amount of the term of
incarceration served and remaining under subsection (4) of this
section, the department may not include the reduction in the term
of incarceration provided for in ORS 421.121.
(6) + } Successful completion of a program does not relieve the
offender from fulfilling any other obligations imposed as part of
the sentence including, but not limited to, the payment of
restitution and fines.
SECTION 8. ORS 421.510 is amended to read:
421.510. Offenders participating in a program are eligible for
transitional leave as provided in ORS 421.168. Notwithstanding
the 30-day maximum period allowed in ORS 421.168, the Department
of Corrections may grant a transitional leave of up to 90 days
for an offender in a program. The offender may not be released on
transitional leave more than 90 days prior to the offender's
discharge date. { + During the period of transitional leave, the
offender must reside in and be supervised within this state. + }
SECTION 9. { + Section 3 of this 2007 Act and the amendments
to ORS 137.712, 137.717, 137.750, 421.502, 421.508 and 421.510 by
sections 1, 2, 4, 5, 6, 7 and 8 of this 2007 Act apply to crimes
committed on or after the effective date of this 2007 Act. + }
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