75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. HB 2335
LC 1752/HB 2335-A23
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2335
By COMMITTEE ON JUDICIARY
June 8
On page 1 of printed A-engrossed bill, line 2, after the second
semicolon delete the rest of the line and delete line 3 and
insert 'amending ORS 137.545, 137.717, 137.721, 144.125, 144.228,
144.232, 163.105, 163.115, 164.162 and 421.121 and sections 5 and
11, chapter 14, Oregon Laws 2008; repealing sections 1, 3, 6, 8
and 9, chapter 14, Oregon Laws 2008, and sections 8, 9 and 10,
chapter 35, Oregon Laws 2008; declaring an emergency; and
providing for criminal sentence reduction that requires approval
by a two-thirds majority.
' Whereas the State of Oregon, the nation and the world are in
the midst of the worst recession since the Great Depression; and
' Whereas the 2008 Legislative Assembly referred Ballot Measure
57 to the voters; and
' Whereas Ballot Measure 57 was a comprehensive plan to reduce
property crime through drug and alcohol treatment combined with
increased incarcerative sanctions; and
' Whereas the voters approved Ballot Measure 57; and
' Whereas more than 100 offenders have been incarcerated under
Ballot Measure 57, and these offenders will, along with other
offenders sentenced under Ballot Measure 57, remain incarcerated;
and
' Whereas the majority of offenders will complete their
sentences and eventually be released back into the community; and
' Whereas it is in the interest of public safety to develop
sentencing policies based on evidence-based research that reward
prosocial behavior; and
' Whereas evidence-based treatment programs are effective in
reducing drug and alcohol addiction and the accompanying criminal
behavior; and
' Whereas evidence-based treatment programs need time to be
implemented and adequate funding in order to be effective; and
' Whereas the State of Oregon needs to phase in the
implementation of Ballot Measure 57 in order to achieve the goal
of reducing property crime in Oregon; now, therefore,'.
On page 8, delete lines 16 through 28 and insert:
' { + SECTION 8. + } ORS 137.717, as amended by section 7,
chapter 14, Oregon Laws 2008, 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,
burglary in the first degree under ORS 164.225 { - , robbery in
the third degree under ORS 164.395, identity theft under ORS
165.800 - } or aggravated identity theft under ORS 165.803, the
presumptive sentence is { - 24 - } { + 19 + } 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, robbery in the
first degree under ORS 164.415 or aggravated identity theft under
ORS 165.803; { + or + }
' (B) { - Two - } { + Four + } or more previous convictions
for any combination of the crimes listed in subsection (2) of
this section { - ; or - } { + . + }
' { - (C) A previous conviction for a crime listed in
subsection (2) of this section if the current crime of conviction
was committed while the defendant was on supervision for the
previous conviction or less than three years after the date the
defendant completed the period of supervision for the previous
conviction. - }
' (b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, { - mail theft or receipt
of stolen mail under ORS 164.162, - } 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
{ - 18 - } { + 13 + } 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, trafficking in stolen vehicles under ORS 819.310 or
aggravated identity theft under ORS 165.803; { + or + }
' (B) { - Two - } { + Four + } or more previous convictions
for any combination of the crimes listed in subsection (2) of
this section { - ; or - } { + . + }
' { - (C) A previous conviction for a crime listed in
subsection (2) of this section if the current crime of conviction
was committed while the defendant was on supervision for the
previous conviction or less than three years after the date the
defendant completed the period of supervision for the previous
conviction. - }
' (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) Unauthorized use of a vehicle under ORS 164.135;
' { - (e) Mail theft or receipt of stolen mail under ORS
164.162; - }
' { - (f) - } { + (e) + } Burglary in the second degree
under ORS 164.215;
' { - (g) - } { + (f) + } Burglary in the first degree under
ORS 164.225;
' { - (h) - } { + (g) + } Criminal mischief in the second
degree under ORS 164.354;
' { - (i) - } { + (h) + } Criminal mischief in the first
degree under ORS 164.365;
' { - (j) - } { + (i) + } Computer crime under ORS 164.377;
' { - (k) - } { + (j) + } Forgery in the second degree under
ORS 165.007;
' { - (L) - } { + (k) + } Forgery in the first degree under
ORS 165.013;
' { - (m) - } { + (L) + } Criminal possession of a forged
instrument in the second degree under ORS 165.017;
' { - (n) - } { + (m) + } Criminal possession of a forged
instrument in the first degree under ORS 165.022;
' { - (o) - } { + (n) + } Fraudulent use of a credit card
under ORS 165.055;
' { - (p) - } { + (o) + } Identity theft under ORS 165.800;
' { - (q) - } { + (p) + } Possession of a stolen vehicle
under ORS 819.300; { + and + }
' { - (r) - } { + (q) + } Trafficking in stolen vehicles
under ORS 819.310 { - ; and - }
' { - (s) Any attempt to commit a crime listed in this
subsection - } .
' { - (3)(a) A presumptive sentence described in subsection
(1) 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) of this section. - }
' { - (b) Previous convictions may not increase a presumptive
sentence described in subsection (1) of this section by more than
12 months under this subsection. - }
' { - (4) - } { + (3) + } 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. - }
' { - (6) The court shall sentence a person under this section
to at least the presumptive sentence described in subsection (1)
or (3) of this section, unless the parties stipulate otherwise or
the court finds that: - }
' { - (a) The person was not on probation, parole or
post-prison supervision for a crime listed in subsection (1) of
this section at the time of the commission of the current crime
of conviction; - }
' { - (b) The person has not previously received a downward
departure from a presumptive sentence for a crime listed in
subsection (1) of this section; - }
' { - (c) The harm or loss caused by the crime is not greater
than usual for that type of crime; and - }
' { - (d) In consideration of the nature of the offense and
the harm to the victim, a downward departure will: - }
' { - (A) Increase public safety; - }
' { - (B) Enhance the likelihood that the person will be
rehabilitated; and - }
' { - (C) Not unduly reduce the appropriate punishment. - }
' { - (7)(a) - } { + (4)(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.
' { - (8) - } { + (5) + } For purposes of this section,
previous convictions must be proven pursuant to ORS 137.079.
' { - (9) - } { + (6) + } As used in this section { - : - }
{ + , + }
' { - (a) 'Downward departure' means a downward dispositional
departure or a downward durational departure under the rules of
the Oregon Criminal Justice Commission. - }
' { - (b) - } 'previous conviction' includes:
' { - (A) - } { + (a) + } Convictions occurring before, on
or after July 1, 2003; and
' { - (B) - } { + (b) + } Convictions entered in any other
state or federal court for comparable offenses.
' { + SECTION 9. + } ORS 164.162, as amended by section 10,
chapter 14, Oregon Laws 2008, is amended to read:
' 164.162. (1) A person commits the crime of mail theft or
receipt of stolen mail if the person intentionally:
' (a) Takes or, by fraud or deception, obtains mail from a post
office, postal station, mail receptacle, authorized depository or
mail carrier;
' (b) Takes from mail any article contained therein;
' (c) Secretes, embezzles or destroys mail or any article
contained therein;
' (d) Takes or, by fraud or deception, obtains mail that has
been delivered to or left for collection on or adjacent to a mail
receptacle or authorized depository; or
' (e) Buys, receives, conceals or possesses mail or any article
contained therein knowing that the mail or article has been
unlawfully taken or obtained.
' (2) Mail theft or receipt of stolen mail is a Class { - C
felony - } { + A misdemeanor + }.
' { + SECTION 10. + } Section 5, chapter 14, Oregon Laws
2008, is amended to read:
' { + Sec. 5. + } As used in { - sections 2 to 5 of this
2008 Act - } { + this section and section 2, chapter 14, Oregon
Laws 2008 + }:
' (1) 'Controlled substance' means:
' (a) Cocaine;
' (b) Methamphetamine;
' (c) Heroin; or
' (d) Ecstasy.
' (2) 'Ecstasy' means:
' (a) 3,4-methylenedioxymethamphetamine;
' (b) 3,4-methylenedioxyamphetamine; or
' (c) 3,4-methylenedioxy-N-ethylamphetamine.
' (3) 'Mixture or substance' means any mixture or substance,
whether or not the mixture or substance is in an ingestible or
marketable form at the time of the offense.
' { + SECTION 11. + } Section 11, chapter 14, Oregon Laws
2008, is amended to read:
{ + ' Sec. 11. + } (1) When a court sentences a person under
{ - sections 2 to 5 of this 2008 Act - } { + section 2 or 4,
chapter 14, Oregon Laws 2008 + }:
' (a) The court shall use the criminal history scale of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission to determine the sentence to impose. The sentence
described in:
' (A) Section 2 (1) { + , chapter 14, Oregon Laws 2008, + }
{ - of this 2008 Act - } shall be determined utilizing crime
category 10 of the sentencing guidelines grid.
' (B) { - Sections - } { + Section + } 2 (2) { + , chapter
14, Oregon Laws 2008, + }
{ - and 3 (1) of this 2008 Act - } shall be determined
utilizing crime category 9 of the sentencing guidelines grid.
' (C) Section 4 { + , chapter 14, Oregon Laws 2008, + }
{ - of this 2008 Act - } shall be determined utilizing crime
category 8 of the sentencing guidelines grid.
' (b)(A) Notwithstanding ORS 161.605, the court shall impose
the sentence described in { - sections 2 to 5 of this 2008
Act - } { + section 2 or 4, chapter 14, Oregon Laws 2008, + }
and may not impose a sentence of optional probation or grant a
downward dispositional departure or a downward durational
departure under the rules of the commission.
' (B) The court may impose a sentence other than the sentence
described in { - sections 2 to 5 of this 2008 Act - } { +
section 2 or 4, chapter 14, Oregon Laws 2008, + } if the court
imposes a longer term of incarceration that is otherwise required
or authorized by law.
' (2) A person sentenced under { - sections 2 to 5 of this
2008 Act - } { + section 2 or 4, chapter 14, Oregon Laws
2008, + } may not receive a reduction in the term of
incarceration for appropriate institutional behavior that exceeds
20 percent of the sentence imposed.
' { + SECTION 12. + } { + (1) When a person is convicted of
the unlawful delivery of cocaine, methamphetamine, heroin or
ecstasy to a person under 18 years of age, the court shall
sentence the person to a term of incarceration ranging from 34
months to 72 months, depending on the person's criminal history.
' (2) The sentence described in subsection (1) of this section
does not apply to a person who is less than three years older
than the person under 18 years of age to whom the controlled
substance was delivered, unless the person has a previous
conviction for delivery of cocaine, methamphetamine, heroin or
ecstasy to a person under 18 years of age. + }
' { + SECTION 13. + } Section 5, chapter 14, Oregon Laws
2008, as amended by section 10 of this 2009 Act, is amended to
read:
' { + Sec. 5. + } As used in this section and section 2,
chapter 14, Oregon Laws 2008 { + , and section 12 of this 2009
Act + }:
' (1) 'Controlled substance' means:
' (a) Cocaine;
' (b) Methamphetamine;
' (c) Heroin; or
' (d) Ecstasy.
' (2) 'Ecstasy' means:
' (a) 3,4-methylenedioxymethamphetamine;
' (b) 3,4-methylenedioxyamphetamine; or
' (c) 3,4-methylenedioxy-N-ethylamphetamine.
' (3) 'Mixture or substance' means any mixture or substance,
whether or not the mixture or substance is in an ingestible or
marketable form at the time of the offense.
' { + SECTION 14. + } Section 11, chapter 14, Oregon Laws
2008, as amended by section 11 of this 2009 Act, is amended to
read:
' { + Sec. 11. + } (1) When a court sentences a person under
section 2 or 4, chapter 14, Oregon Laws 2008 { + , or section 12
of this 2009 Act + }:
' (a) The court shall use the criminal history scale of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission to determine the sentence to impose. The sentence
described in:
' (A) Section 2 (1), chapter 14, Oregon Laws 2008, shall be
determined utilizing crime category 10 of the sentencing
guidelines grid.
' (B) Section 2 (2), chapter 14, Oregon Laws 2008, { + and
section 12 (1) of this 2009 Act + } shall be determined utilizing
crime category 9 of the sentencing guidelines grid.
' (C) Section 4, chapter 14, Oregon Laws 2008, shall be
determined utilizing crime category 8 of the sentencing
guidelines grid.
' (b)(A) Notwithstanding ORS 161.605, the court shall impose
the sentence described in section 2 or 4, chapter 14, Oregon Laws
2008, { + or section 12 of this 2009 Act + }and may not impose
a sentence of optional probation or grant a downward
dispositional departure or a downward durational departure under
the rules of the commission.
' (B) The court may impose a sentence other than the sentence
described in section 2 or 4, chapter 14, Oregon Laws 2008, { +
or section 12 of this 2009 Act + }if the court imposes a longer
term of incarceration that is otherwise required or authorized by
law.
' (2) A person sentenced under section 2 or 4, chapter 14,
Oregon Laws 2008, { + or section 12 of this 2009 Act + }may not
receive a reduction in the term of incarceration for appropriate
institutional behavior that exceeds 20 percent of the sentence
imposed.
' { + SECTION 15. + } { + (1) When a court sentences a
person convicted of a crime listed in subsection (2) of this
section, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a
downward durational departure under the rules of the Oregon
Criminal Justice Commission if the person has a previous
conviction for any of the crimes listed in subsection (2) of this
section.
' (2) The crimes to which subsection (1) of this section
applies are:
' (a) Manufacture or delivery of a controlled substance, other
than marijuana, under ORS 475.840 (1);
' (b) Creation or delivery of a counterfeit substance, other
than marijuana, under ORS 475.840 (2);
' (c) Manufacture or delivery of heroin under ORS 475.846,
475.848, 475.850 or 475.852;
' (d) Manufacture or delivery of
3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868,
475.870 or 475.872;
' (e) Manufacture or delivery of cocaine under ORS 475.876,
475.878, 475.880 or 475.882;
' (f) Manufacture or delivery of methamphetamine under ORS
475.886, 475.888, 475.890 or 475.892;
' (g) Manufacture or delivery of a controlled substance within
1,000 feet of a school under ORS 475.904;
' (h) Delivery of a controlled substance to a person under 18
years of age under ORS 475.906; and
' (i) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967.
' (3)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of sentence. 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.
' (4) For purposes of this section, previous convictions must
be proven pursuant to ORS 137.079.
' (5) As used in this section, 'previous conviction' means:
' (a) Convictions occurring before, on or after the effective
date of this 2009 Act; and
' (b) Convictions entered in any other state or federal court
for comparable offenses. + }
' { + SECTION 16. + } ORS 137.717, as amended by section 7,
chapter 14, Oregon Laws 2008, and section 8 of this 2009 Act, 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,
burglary in the first degree under ORS 164.225 { + , robbery in
the third degree under ORS 164.395, identity theft under ORS
165.800 + } or aggravated identity theft under ORS 165.803, the
presumptive sentence is { - 19 - } { + 24 + } 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, robbery in
the first degree under ORS 164.415 or aggravated identity theft
under ORS 165.803;
{ - or - }
' (B) { - Four - } { + Two + } or more previous convictions
for any combination of the crimes listed in subsection (2) of
this section { - . - } { + ; or
' (C) A previous conviction for a crime listed in subsection
(2) of this section, if the current crime of conviction was
committed while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous
conviction. + }
' (b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, { + mail theft or receipt of
stolen mail under ORS 164.162, + } 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, trafficking in stolen vehicles under ORS 819.310 or
aggravated identity theft under ORS 165.803; { - or - }
' (B) { - Four - } { + Two + } or more previous convictions
for any combination of the crimes listed in subsection (2) of
this section { - . - } { + ; or
' (C) A previous conviction for a crime listed in subsection
(2) of this section, if the current crime of conviction was
committed while the defendant was on supervision for the previous
conviction or less than three years after the date the defendant
completed the period of supervision for the previous
conviction. + }
' (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) Unauthorized use of a vehicle under ORS 164.135;
' { + (e) Mail theft or receipt of stolen mail under ORS
164.162; + }
' { - (e) - } { + (f) + } Burglary in the second degree
under ORS 164.215;
' { - (f) - } { + (g) + } Burglary in the first degree under
ORS 164.225;
' { - (g) - } { + (h) + } Criminal mischief in the second
degree under ORS 164.354;
' { - (h) - } { + (i) + } Criminal mischief in the first
degree under ORS 164.365;
' { - (i) - } { + (j) + } Computer crime under ORS 164.377;
' { - (j) - } { + (k) + } Forgery in the second degree under
ORS 165.007;
' { - (k) - } { + (L) + } Forgery in the first degree under
ORS 165.013;
' { - (L) - } { + (m) + } Criminal possession of a forged
instrument in the second degree under ORS 165.017;
' { - (m) - } { + (n) + } Criminal possession of a forged
instrument in the first degree under ORS 165.022;
' { - (n) - } { + (o) + } Fraudulent use of a credit card
under ORS 165.055;
' { - (o) - } { + (p) + } Identity theft under ORS 165.800;
' { - (p) - } { + (q) + } Possession of a stolen vehicle
under ORS 819.300;
{ - and - }
' { - (q) - } { + (r) + } Trafficking in stolen vehicles
under ORS 819.310 { + ; and
' (s) Any attempt to commit a crime listed in this
subsection + }.
' { + (3)(a) A presumptive sentence described in subsection
(1) 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
described in subsection (1) of this section.
' (b) Previous convictions may not increase a presumptive
sentence described in subsection (1) of this section by more than
12 months under this subsection. + }
' { - (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.
' (6) The court shall sentence a person under this section to
at least the presumptive sentence described in subsection (1) or
(3) of this section, unless the parties stipulate otherwise or
the court finds that:
' (a) The person was not on probation, parole or post-prison
supervision for a crime listed in subsection (1) of this section
at the time of the commission of the current crime of conviction;
' (b) The person has not previously received a downward
departure from a presumptive sentence for a crime listed in
subsection (1) of this section;
' (c) The harm or loss caused by the crime is not greater than
usual for that type of crime; and
' (d) In consideration of the nature of the offense and the
harm to the victim, a downward departure will:
' (A) Increase public safety;
' (B) Enhance the likelihood that the person will be
rehabilitated; and
' (C) Not unduly reduce the appropriate punishment. + }
' { - (4)(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.
' { - (5) - } { + (8) + } For purposes of this section,
previous convictions must be proven pursuant to ORS 137.079.
' { - (6) - } { + (9) + } As used in this section { - , - }
{ + :
' (a) 'Downward departure' means a downward dispositional
departure or a downward durational departure under the rules of
the Oregon Criminal Justice Commission.
' (b) + } 'Previous conviction' includes:
' { - (a) - } { + (A) + } Convictions occurring before, on
or after July 1, 2003; and
' { - (b) - } { + (B) + } Convictions entered in any other
state or federal court for comparable offenses.
' { + SECTION 17. + } { + (1) The Department of Corrections
shall:
' (a) Provide appropriate treatment services to drug-addicted
persons in the custody of the department who are at a high or
medium risk of reoffending and who have moderate to severe
treatment needs; and
' (b) Make grants to counties in order to provide supplemental
funding for:
' (A) The operation of local jails;
' (B) Appropriate treatment services for drug-addicted persons
on probation, parole or post-prison supervision; or
' (C) The intensive supervision of drug-addicted persons on
probation, parole or post-prison supervision, including the
incarceration of drug-addicted persons who have violated the
terms and conditions of probation, parole or post-prison
supervision.
' (2) The Oregon Criminal Justice Commission shall make grants
to counties in order to provide supplemental funding for drug
courts for drug-addicted persons, including the costs of
appropriate treatment services and the incarceration of persons
who have violated the terms and conditions of a drug court.
' (3)(a) The appropriate legislative committee shall
periodically conduct oversight hearings on the effectiveness of
this section.
' (b) The Oregon Criminal Justice Commission shall periodically
conduct independent evaluations of the programs funded by this
section for their effectiveness in reducing criminal behavior in
a cost-effective manner.
' (4) The Department of Corrections shall determine which
persons are eligible for treatment under subsection (1)(a) of
this section using an actuarial risk assessment tool.
' (5) The department shall adopt rules to administer the grant
program described in subsection (1)(b) of this section.
' (6) Prior to adopting the rules described in subsection (5)
of this section, the department shall consult with a broad-based
committee that includes representatives of:
' (a) County boards of commissioners;
' (b) County sheriffs;
' (c) District attorneys;
' (d) County community corrections;
' (e) The Oregon Criminal Justice Commission;
' (f) Presiding judges of the judicial districts of this state;
' (g) Public defenders; and
' (h) Treatment providers.
' (7) In determining which grant proposals to fund within each
county, the department shall:
' (a) Consult with the committee described in subsection (6) of
this section;
' (b) Give priority to those proposals that are best designed
to reduce crime and drug addiction; and
' (c) Be guided by evidence-based practices, risk assessment
tools or other research-based considerations.
' (8) Nothing in this section:
' (a) Creates any claim, right of action or civil liability; or
' (b) Requires a supervisory authority or the Department of
Corrections to provide treatment to any individual under the
authority's supervision or in the custody of the department.
' (9) As used in this section:
' (a) 'Drug-addicted person' means a person who has lost the
ability to control the personal use of controlled substances or
alcohol, or who uses controlled substances or alcohol to the
extent that the health of the person or that of others is
substantially impaired or endangered or the social or economic
function of the person is substantially disrupted. A
drug-addicted person may be physically dependent, a condition in
which the body requires a continuing supply of a controlled
substance or alcohol to avoid characteristic withdrawal symptoms,
or psychologically dependent, a condition characterized by an
overwhelming mental desire for continued use of a controlled
substance or alcohol.
' (b) 'Intensive supervision' means the active monitoring of a
person's performance in a treatment program by a parole and
probation officer and the imposition of sanctions, or request to
a court for sanctions, if the person fails to abide by the terms
and conditions of a treatment program. + }
' { + SECTION 18. + } { + If a person on probation, parole
or post-prison supervision is required to successfully complete a
drug or alcohol treatment program as a condition of supervision
and the person refuses or otherwise fails to successfully
complete the treatment program, the court or the supervising
authority shall impose swift and certain punishment, including
incarceration in jail. + }
' { + SECTION 19. + } ORS 164.162, as amended by section 10,
chapter 14, Oregon Laws 2008, and section 9 of this 2009 Act, is
amended to read:
' 164.162. (1) A person commits the crime of mail theft or
receipt of stolen mail if the person intentionally:
' (a) Takes or, by fraud or deception, obtains mail from a post
office, postal station, mail receptacle, authorized depository or
mail carrier;
' (b) Takes from mail any article contained therein;
' (c) Secretes, embezzles or destroys mail or any article
contained therein;
' (d) Takes or, by fraud or deception, obtains mail that has
been delivered to or left for collection on or adjacent to a mail
receptacle or authorized depository; or
' (e) Buys, receives, conceals or possesses mail or any article
contained therein knowing that the mail or article has been
unlawfully taken or obtained.
' (2) Mail theft or receipt of stolen mail is a Class { - A
misdemeanor - } { + C felony + }.
' { + SECTION 20. + } If Senate Bill 389 becomes law, ORS
137.721, as amended by section 1, chapter 191, Oregon Laws 2009
(Enrolled Senate Bill 389), is amended to read:
' 137.721. { + (1) Except as provided in ORS 475.900 or
section 2, chapter 14, Oregon Laws 2008, when a court sentences a
person convicted of:
' (a) Manufacture of methamphetamine under ORS 475.886 or
475.888, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a
downward durational departure of more than one-half of the
presumptive prison sentence under the rules of the Oregon
Criminal Justice Commission if the person has a previous
conviction for:
' (A) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890;
' (B) Delivery or manufacture of methamphetamine within 1,000
feet of a school under ORS 475.888, 475.892 or 475.904; or
' (C) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967.
' (b) Delivery of methamphetamine under ORS 475.890 or 475.892,
the court may not impose a sentence of optional probation or
grant a downward dispositional departure under the rules of the
Oregon Criminal Justice Commission if:
' (A) The delivery involved a substantial quantity of
methamphetamine as described in ORS 475.900; and
' (B) The person has a previous conviction for:
' (i) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890;
' (ii) Delivery or manufacture of methamphetamine within 1,000
feet of a school under ORS 475.888, 475.892 or 475.904; or
' (iii) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967. + }
' { - (1) - } { + (c) + } { - Except as provided in ORS
475.900 or section 2 or 3, chapter 14, Oregon Laws 2008, when the
court sentences a person convicted of - } Delivery of
methamphetamine under ORS 475.890 or 475.892, the presumptive
sentence is 19 months of incarceration, unless the rules of the
Oregon Criminal Justice Commission prescribe a longer presumptive
sentence, if the person has two or more previous convictions for
any combination of the following crimes:
' { - (a) - } { + (A) + } Delivery or manufacture of
methamphetamine under ORS 475.840, 475.886 or 475.890;
' { - (b) - } { + (B) + } Delivery or manufacture of
methamphetamine within 1,000 feet of a school under ORS 475.888,
475.892 or 475.904; or
' { - (c) - } { + (C) + } Possession of a precursor
substance with intent to manufacture a controlled substance under
ORS 475.967.
' (2) The court may impose a sentence other than the sentence
provided by subsection (1) of this section if the court imposes:
' (a) A longer term of incarceration that is otherwise required
or authorized by law; or
' (b) An upward { + or downward + }durational departure
sentence that is authorized by law or the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons { + unless otherwise noted in subsection
(1) of this section + }. Unless otherwise authorized by law or
rule of the Oregon Criminal Justice Commission, the maximum
departure allowed for a person sentenced under this subsection is
double the presumptive sentence provided in subsection (1) of
this section.
' (3) As used in this section, 'previous conviction' means:
' (a) Convictions occurring before, on or after August 16,
2005; and
' (b) Convictions entered in any other state or federal court
for comparable offenses.
' (4)(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.
' (5) For purposes of this section, previous convictions must
be proven pursuant to ORS 137.079.
' { + SECTION 21. + } If Senate Bill 389 becomes law, ORS
137.721, as amended by section 1, chapter 191, Oregon Laws 2009
(Enrolled Senate Bill 389), and section 20 of this 2009 Act, is
amended to read:
' 137.721. { - (1) Except as provided in ORS 475.900 or
section 2, chapter 14, Oregon Laws 2008, when a court sentences a
person convicted of: - }
' { - (a) Manufacture of methamphetamine under ORS 475.886 or
475.888, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a
downward durational departure of more than one-half of the
presumptive prison sentence under the rules of the Oregon
Criminal Justice Commission if the person has a previous
conviction for: - }
' { - (A) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890; - }
' { - (B) Delivery or manufacture of methamphetamine within
1,000 feet of a school under ORS 475.888, 475.892 or 475.904;
or - }
' { - (C) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967. - }
' { - (b) Delivery of methamphetamine under ORS 475.890 or
475.892, the court may not impose a sentence of optional
probation or grant a downward dispositional departure under the
rules of the Oregon Criminal Justice Commission if: - }
' { - (A) The delivery involved a substantial quantity of
methamphetamine as described in ORS 475.900; and - }
' { - (B) The person has a previous conviction for: - }
' { - (i) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890; - }
' { - (ii) Delivery or manufacture of methamphetamine within
1,000 feet of a school under ORS 475.888, 475.892 or 475.904;
or - }
' { - (iii) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967. - }
' { - (c) - } { + (1) Except as provided in ORS 475.900 or
section 2, chapter 14, Oregon Laws 2008, or section 12 of this
2009 Act, when the court sentences a person convicted of
+ }delivery of methamphetamine under ORS 475.890 or 475.892, the
presumptive sentence is 19 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has two or more
previous convictions for any combination of the following crimes:
' (a) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890;
' (b) Delivery or manufacture of methamphetamine within 1,000
feet of a school under ORS 475.888, 475.892 or 475.904; or
' (c) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967.
' (2) The court may impose a sentence other than the sentence
provided by subsection (1) of this section if the court imposes:
' (a) A longer term of incarceration that is otherwise required
or authorized by law; or
' (b) An upward { - or downward - } durational departure
sentence that is authorized by law or the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons { - unless otherwise noted in subsection
(1) of this section - } . Unless otherwise authorized by law or
rule of the Oregon Criminal Justice Commission, the maximum
departure allowed for a person sentenced under this subsection is
double the presumptive sentence provided in subsection (1) of
this section.
' (3) As used in this section, 'previous conviction' means:
' (a) Convictions occurring before, on or after August 16,
2005; and
' (b) Convictions entered in any other state or federal court
for comparable offenses.
' (4)(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.
' (5) For purposes of this section, previous convictions must
be proven pursuant to ORS 137.079.
' { + SECTION 22. + } ORS 421.121 is amended to read:
' 421.121. (1) Except as provided in ORS 137.635, each inmate
sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, is eligible for
a reduction in the term of incarceration for appropriate
institutional behavior, as defined by rule of the Department of
Corrections, and for participation in the adult basic skills
development program described in ORS 421.084.
' (2) { + (a) + } The maximum amount of time credits earned for
appropriate institutional behavior or for participation in the
adult basic skills development program described in ORS 421.084
may not exceed { - 20 - } { + 30 + } percent of the total
term of incarceration in a Department of Corrections institution.
' { + (b) Notwithstanding paragraph (a) of this subsection,
the maximum amount of time credits earned for appropriate
institutional behavior or for participation in the adult basic
skills development program described in ORS 421.084 may not
exceed 20 percent of the total term of incarceration in a
Department of Corrections institution if the inmate is serving a
sentence for:
' (A) Rape in the third degree under ORS 163.355;
' (B) Sodomy in the third degree under ORS 163.385;
' (C) Sexual abuse in the second degree under ORS 163.425;
' (D) Criminally negligent homicide under ORS 163.145;
' (E) Assault in the third degree under ORS 163.165;
' (F) Assault in the fourth degree under ORS 163.160 (3); or
' (G) An attempt to commit any crime listed in ORS 137.700 or
subparagraphs (A) to (F) of this paragraph. + }
' (3) The time credits may not be used to shorten the term of
actual prison confinement to less than six months.
' (4) The department shall adopt rules pursuant to the
rulemaking provisions of ORS chapter 183 to establish a process
for granting, retracting and restoring the time credits earned by
the offender as allowed in subsections (1) to (3) of this
section.
' { + SECTION 23. + } { + (1) Notwithstanding section 30
(7)(a) of this 2009 Act, the amendments to ORS 421.121 by section
22 of this 2009 Act apply to inmates sentenced before the
effective date of this 2009 Act who are not prohibited by any
other provision of law from obtaining a reduction in the term of
incarceration under ORS 421.121 if the court enters the order
described in subsection (3) of this section.
' (2) If the Department of Corrections determines, pursuant to
rules adopted by the department, that an inmate sentenced before
the effective date of this 2009 Act is eligible for a reduction
in the term of incarceration under ORS 421.121 that exceeds 20
percent of the total term of incarceration in a department
institution, the department shall notify the sentencing court.
Upon receipt of the notice, the court shall appoint counsel for
the inmate, set a hearing date and notify the district attorney
of the hearing date. If the inmate is serving a sentence for
which there is a victim, the district attorney shall notify the
victim of the hearing date.
' (3) At the hearing, the inmate, the district attorney and the
victim may introduce evidence relevant to the determination of
whether a reduction in the term of incarceration that exceeds 20
percent may be appropriate. Upon the conclusion of the hearing,
the court shall order on the record in open court that the inmate
may be considered by the department for a reduction in the term
of incarceration under ORS 421.121 of up to 30 percent of the
total term of incarceration in a department institution, unless
the court finds on the record in open court substantial and
compelling reasons to order that the inmate not be considered for
the reduction.
' (4) Notwithstanding ORS 137.030, the inmate may appear at the
hearing described in subsection (3) of this section by
simultaneous electronic transmission in accordance with ORS
131.045.
' (5)(a) The sentencing court retains authority to modify its
judgment and sentence to reflect the results of a resentencing
hearing described in this section.
' (b) Notwithstanding that the sentencing court originally
found substantial and compelling reasons to order that the inmate
not be considered for the leave, release or program described in
ORS 137.750, an inmate who otherwise meets the requirements of
this section may be considered by the department and the
sentencing court for a reduction in the term of incarceration
that exceeds 20 percent of the total term of incarceration in a
department institution.
' (6) Nothing in this section:
' (a) Creates any cause of action for compensation or damages;
' (b) Entitles any inmate to a hearing before the date set by
the court under subsection (2) of this section; or
' (c) Entitles an inmate to a reduction in the term of
incarceration, except as authorized by the court and in
accordance with department rules.
' (7) The Oregon Criminal Justice Commission shall conduct a
study that includes an assessment of the effects of this section
and the amendments to ORS 421.121 by section 22 of this 2009 Act
on reducing recidivism. The commission shall report the results
of the study to the Legislative Assembly in the manner provided
in ORS 192.245 no later than February 1, 2013.
' (8) The department may adopt rules to carry out the
provisions of this section. + }
' { + SECTION 24. + } ORS 421.121, as amended by section 22
of this 2009 Act, is amended to read:
' 421.121. (1) Except as provided in ORS 137.635, each inmate
sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, is eligible for
a reduction in the term of incarceration for appropriate
institutional behavior, as defined by rule of the Department of
Corrections, and for participation in the adult basic skills
development program described in ORS 421.084.
' (2) { - (a) - } The maximum amount of time credits earned
for appropriate institutional behavior or for participation in
the adult basic skills development program described in ORS
421.084 may not exceed { - 30 - } { + 20 + } percent of the
total term of incarceration in a Department of Corrections
institution.
' { - (b) Notwithstanding paragraph (a) of this subsection,
the maximum amount of time credits earned for appropriate
institutional behavior or for participation in the adult basic
skills development program described in ORS 421.084 may not
exceed 20 percent of the total term of incarceration in a
Department of Corrections institution if the inmate is serving a
sentence for: - }
' { - (A) Rape in the third degree under ORS 163.355; - }
' { - (B) Sodomy in the third degree under ORS 163.385; - }
' { - (C) Sexual abuse in the second degree under ORS
163.425; - }
' { - (D) Criminally negligent homicide under ORS 163.145; - }
' { - (E) Assault in the third degree under ORS 163.165; - }
' { - (F) Assault in the fourth degree under ORS 163.160 (3);
or - }
' { - (G) An attempt to commit any crime listed in ORS 137.700
or subparagraphs (A) to (F) of this paragraph. - }
' (3) The time credits may not be used to shorten the term of
actual prison confinement to less than six months.
' (4) The department shall adopt rules pursuant to the
rulemaking provisions of ORS chapter 183 to establish a process
for granting, retracting and restoring the time credits earned by
the offender as allowed in subsections (1) to (3) of this
section.
' { + SECTION 25. + } ORS 137.545 is amended to read:
' 137.545. (1) Subject to the limitations in ORS 137.010 and to
rules of the Oregon Criminal Justice Commission for felonies
committed on or after November 1, 1989:
' (a) The period of probation shall be as the court determines
and may, in the discretion of the court, be continued or
extended.
' (b) The court may at any time discharge a person from
probation.
' (2) At any time during the probation period, the court may
issue a warrant and cause a defendant to be arrested for
violating any of the conditions of probation. Any parole and
probation officer, police officer or other officer with power of
arrest may arrest a probationer without a warrant for violating
any condition of probation, and a statement by the parole and
probation officer or arresting officer setting forth that the
probationer has, in the judgment of the parole and probation
officer or arresting officer, violated the conditions of
probation is sufficient warrant for the detention of the
probationer in the county jail until the probationer can be
brought before the court or until the parole and probation
officer or supervisory personnel impose and the offender agrees
to structured, intermediate sanctions in accordance with the
rules adopted under ORS 137.595. Disposition shall be made during
the first 36 hours in custody, excluding Saturdays, Sundays and
holidays, unless later disposition is authorized by supervisory
personnel. If authorized by supervisory personnel, the
disposition shall take place in no more than five judicial days.
If the offender does not consent to structured, intermediate
sanctions imposed by the parole and probation officer or
supervisory personnel in accordance with the rules adopted under
ORS 137.595, the parole and probation officer, as soon as
practicable, but within one judicial day, shall report the arrest
or detention to the court that imposed the probation. The parole
and probation officer shall promptly submit to the court a report
showing in what manner the probationer has violated the
conditions of probation.
' (3) Except for good cause shown or at the request of the
probationer, the probationer shall be brought before a magistrate
during the first 36 hours of custody, excluding holidays,
Saturdays and Sundays. That magistrate, in the exercise of
discretion, may order the probationer held pending a violation or
revocation hearing or pending transfer to the jurisdiction of
another court where the probation was imposed. In lieu of an
order that the probationer be held, the magistrate may release
the probationer upon the condition that the probationer appear in
court at a later date for a probation violation or revocation
hearing. If the probationer is being held on an out-of-county
warrant, the magistrate may order the probationer released
subject to an additional order to the probationer that the
probationer report within seven calendar days to the court that
imposed the probation.
' (4) When a probationer has been sentenced to probation in
more than one county and the probationer is being held on an
out-of-county warrant for a probation violation, the court may
consider consolidation of some or all pending probation violation
proceedings pursuant to rules made and orders issued by the Chief
Justice of the Supreme Court under ORS 137.547:
' (a) Upon the motion of the district attorney or defense
counsel in the county in which the probationer is held; or
' (b) Upon the court's own motion.
' (5)(a) For defendants sentenced for felonies committed prior
to November 1, 1989, and for any misdemeanor, the court that
imposed the probation, after summary hearing, may revoke the
probation and:
' (A) If the execution of some other part of the sentence has
been suspended, the court shall cause the rest of the sentence
imposed to be executed.
' (B) If no other sentence has been imposed, the court may
impose any other sentence which originally could have been
imposed.
' (b) For defendants sentenced for felonies committed on or
after November 1, 1989, the court that imposed the probationary
sentence may revoke probation supervision and impose a sanction
as provided by rules of the Oregon Criminal Justice Commission.
{ + If the defendant was sentenced to a presumptive period of
probation or a period of probation following a downward departure
from a presumptive term of incarceration of 12 months or less,
the court may not impose a term of incarceration that exceeds 60
days as a revocation sanction unless the revocation is the result
of the defendant's conviction for a new crime. + }
' (6) Except for good cause shown, if the revocation hearing is
not conducted within 14 calendar days following the arrest or
detention of the probationer, the probationer shall be released
from custody.
' (7) A defendant who has been previously confined in the
county jail as a condition of probation pursuant to ORS 137.540
or as part of a probationary sentence pursuant to the rules of
the Oregon Criminal Justice Commission may be given credit for
all time thus served in any order or judgment of confinement
resulting from revocation of probation.
' (8) In the case of any defendant whose sentence has been
suspended but who has not been sentenced to probation, the court
may issue a warrant and cause the defendant to be arrested and
brought before the court at any time within the maximum period
for which the defendant might originally have been sentenced.
Thereupon the court, after summary hearing, may revoke the
suspension of sentence and cause the sentence imposed to be
executed.
' (9) If a probationer fails to appear or report to a court for
further proceedings as required by an order under subsection (3)
of this section, the failure to appear may be prosecuted in the
county to which the probationer was ordered to appear or report.
' (10) The probationer may admit or deny the violation by being
physically present at the hearing or by means of simultaneous
electronic transmission as described in ORS 131.045.
' (11)(a) The victim has the right:
' (A) Upon request made within the time period prescribed in
the notice required by ORS 147.417, to be notified by the
district attorney of any hearing before the court that may result
in the revocation of the defendant's probation;
' (B) To appear personally at the hearing; and
' (C) If present, to reasonably express any views relevant to
the issues before the court.
' (b) Failure of the district attorney to notify the victim
under paragraph (a) of this subsection or failure of the victim
to appear at the hearing does not affect the validity of the
proceeding.
' { + SECTION 26. + } { + (1) Each person convicted of a
felony and sentenced to probation under the rules of the Oregon
Criminal Justice Commission is eligible for a reduction in the
period of probation for compliance with the conditions of
probation and the person's supervision plan, as defined by rule
of the Department of Corrections.
' (2) The maximum reduction in the period of probation may not
exceed 50 percent of the period of probation imposed by the
court.
' (3) The department shall adopt rules to establish a process
for granting, retracting and restoring probation credits earned
by offenders under this section. A community corrections agency
shall comply with the rules adopted under this section. + }
' { + SECTION 27. + } { + Section 28 of this 2009 Act is
added to and made a part of ORS chapter 144. + }
' { + SECTION 28. + } { + (1) All persons sentenced to the
legal and physical custody of the supervisory authority under ORS
137.124 (2) shall serve active periods of post-prison supervision
as follows:
' (a) Six months of active post-prison supervision for crimes
in crime categories 1 to 3; and
' (b) Twelve months of active post-prison supervision for
crimes in crime categories 4 to 10.
' (2) Except as authorized in subsections (3) and (4) of this
section, when an offender has served the active period of
post-prison supervision established under subsection (1) of this
section, the supervisory authority shall place the offender on
inactive supervision status.
' (3) No sooner than 30 days prior to the expiration of an
offender's active post-prison supervision period as provided in
subsection (1) of this section, the parole and probation officer
responsible for supervising the offender may send to the
supervisory authority a report requesting the supervisory
authority to extend the active post-prison supervision period or
to return the offender to active supervision status, not to
exceed the supervision term imposed by the sentencing court under
the rules of the Oregon Criminal Justice Commission and
applicable laws, if the offender has not substantially fulfilled
the supervision conditions or has failed to complete payment of
restitution. The report shall include:
' (a) An evaluation of the offender's compliance with
supervision conditions;
' (b) The status of the offender's court-ordered monetary
obligations, including fines and restitution, if any;
' (c) The offender's employment status;
' (d) The offender's address;
' (e) Treatment program outcome;
' (f) Any new criminal activity; and
' (g) A recommendation that the supervisory authority extend
the supervision period or return the offender to active
supervision status.
' (4) After reviewing the report submitted under subsection (3)
of this section, the supervisory authority may extend the active
post-prison supervision period or return the offender to active
supervision status, not to exceed the supervision term imposed by
the sentencing court under the rules of the Oregon Criminal
Justice Commission and applicable laws, if the supervisory
authority finds that the offender has not substantially fulfilled
the supervision conditions or has failed to complete payment of
restitution.
' (5) During the pendency of any violation proceedings, the
running of the supervision period and the sentence is stayed, and
the supervisory authority has jurisdiction over the offender
until the proceedings are resolved.
' (6) The supervisory authority shall send written notification
to the supervised offender of the expiration of the sentence.
' (7) The Department of Corrections may adopt rules to carry
out the provisions of this section. A community corrections
agency shall comply with the rules adopted under this
subsection. + }
' { + SECTION 29. + } { + Sections 1, 3, 6, 8 and 9, chapter
14, Oregon Laws 2008, and sections 8, 9 and 10, chapter 35,
Oregon Laws 2008, are repealed. + }
' { + SECTION 30. + } { + (1) Section 1 of this 2009 Act
applies to prisoners convicted of aggravated murder or murder
that was committed before, on or after the effective date of this
2009 Act and whose petition for a change in the terms of
confinement is denied on or after January 1, 2010.
' (2) Section 2 of this 2009 Act applies to prisoners sentenced
for a crime committed prior to November 1, 1989, and who are
denied parole on or after January 1, 2010.
' (3) The amendments to ORS 144.125, 144.228 and 144.232 by
sections 3 to 5 of this 2009 Act apply to prisoners:
' (a) Whose release date is postponed under ORS 144.125 on or
after January 1, 2010.
' (b) For whom the State Board of Parole and Post-Prison
Supervision is unable to set a release date under ORS 144.228 or
144.232 on or after January 1, 2010.
' (4) The amendments to ORS 137.717 and 164.162 and sections 5
and 11, chapter 14, Oregon Laws 2008, by sections 8 to 11 of this
2009 Act apply to sentences imposed for crimes committed:
' (a) On or after the effective date of this 2009 Act; and
' (b) Before January 1, 2012.
' (5)(a) Sections 12, 15, 17 and 18 of this 2009 Act and the
amendments to ORS 137.717 and 164.162 and sections 5 and 11,
chapter 14, Oregon Laws 2008, by sections 13, 14, 16 and 19 of
this 2009 Act become operative on January 1, 2012.
' (b) Sections 12 and 15 of this 2009 Act and the amendments to
ORS 137.717 and 164.162 by sections 16 and 19 of this 2009 Act
apply to sentences imposed for crimes committed on or after
January 1, 2012.
' (6) If Senate Bill 389 becomes law, the amendments to ORS
137.721 by:
' (a) Section 20 of this 2009 Act apply to sentences imposed
for crimes committed:
' (A) On or after the effective date of this 2009 Act; and
' (B) Before January 1, 2012.
' (b) Section 21 of this 2009 Act become operative on January
1, 2012.
' (c) Section 21 of this 2009 Act apply to sentences imposed
for crimes committed on or after January 1, 2012.
' (7)(a) The amendments to ORS 421.121 by section 22 of this
2009 Act apply to inmates who:
' (A) Are sentenced for crimes committed on or after the
effective date of this 2009 Act and before June 30, 2013; and
' (B) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
' (b) The amendments to ORS 421.121 by section 24 of this 2009
Act become operative June 30, 2013.
' (c) The amendments to ORS 421.121 by section 24 of this 2009
Act apply to inmates who:
' (A) Are sentenced for a crime committed on or after June 30,
2013; and
' (B) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
' (d) Section 23 of this 2009 Act is repealed June 30, 2013.
' (8) The amendments to ORS 137.545 by section 25 of this 2009
Act apply to revocations of probation that occur on or after the
effective date of this 2009 Act.
' (9) Section 26 of this 2009 Act applies to persons convicted
before, on or after the effective date of this 2009 Act and who
are on probation on or after the effective date of the rules
adopted by the Department of Corrections under section 26 (3) of
this 2009 Act.
' (10) Except as provided in subsection (11) of this section,
section 28 of this 2009 Act applies to persons sentenced to the
legal and physical custody of a supervisory authority under ORS
137.124 (2) who are released on post-prison supervision before,
on or after the effective date of this 2009 Act.
' (11)(a) A person sentenced to the legal and physical custody
of a supervisory authority under ORS 137.124 (2) shall serve an
active period of post-prison supervision of at least two
additional months if, on the effective date of this 2009 Act, the
person has served:
' (A) Four months or more of active post-prison supervision for
crimes in crime categories 1 to 3; or
' (B) Ten months or more of active post-prison supervision for
crimes in crime categories 4 to 10.
' (b) Except as provided in paragraph (c) of this subsection,
the supervisory authority shall place an offender described in
paragraph (a) of this subsection on inactive supervision status
on the date that is two months after the effective date of this
2009 Act.
' (c) At any time before the date that is two months after the
effective date of this 2009 Act:
' (A) The parole and probation officer responsible for
supervising an offender described in paragraph (a) of this
subsection may send a report described in section 28 (3) of this
2009 Act to the supervisory authority for review; and
' (B) After reviewing the report, the supervisory authority may
extend the active post-prison supervision period in accordance
with section 28 (4) of this 2009 Act.
' (d) Section 28 of this 2009 Act and the provisions of this
subsection and subsection (10) of this section do not apply to a
person sentenced to the legal and physical custody of a
supervisory authority under ORS 137.124 (2) whose term of active
post-prison supervision imposed by the sentencing court expires
on or before the date that is two months after the effective date
of this 2009 Act. + }
' { + SECTION 31. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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