Chapter 596
Oregon Laws 2011
AN ACT
SB 730
Relating to
crime; creating new provisions; amending ORS 137.545 and sections 48 and 49,
chapter 660, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.545, as amended by
section 32, chapter 660, Oregon Laws 2009, 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, 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) 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 of any
hearing before the court that may result in the revocation of the defendant’s
probation for a felony or person Class A misdemeanor. The notification shall be
provided by:
(A) The district attorney if the
defendant is not supervised by the supervisory authority or if the defendant is
supervised by the supervisory authority and the district attorney initiates a
request with the court for a probation violation or revocation hearing.
(B) The supervisory authority if the
defendant is supervised by the supervisory authority and the supervisory
authority initiates a request with the court for a probation violation or
revocation hearing.
(b) To appear personally at the
hearing.
(c) If present, to reasonably express
any views relevant to the issues before the court.
(12) As used in this section:
(a) “Person Class A misdemeanor” has
the meaning given that term in the rules of the Oregon Criminal Justice
Commission.
(b) “Supervisory authority” has the
meaning given that term in ORS 144.087.
SECTION 2. The amendments to ORS
137.545 by section 1 of this 2011 Act apply to crimes committed on or after
July 1, 2011, and before July 1, 2013.
SECTION 3. Section 48, chapter 660,
Oregon Laws 2009, as amended by section 5, chapter 2, Oregon Laws 2010, is
amended to read:
Sec. 48. (1)(a) Section 18,
chapter 660, Oregon Laws 2009, becomes operative on the date that is 60 days
after July 1, 2009.
(b) The Department of Corrections, the
Judicial Department, the State Board of Parole and Post-Prison Supervision and
the district attorneys of this state may take any action before the operative
date specified in paragraph (a) of this subsection that is necessary to enable
the departments, board or district attorneys to exercise, on or after the
operative date specified in paragraph (a) of this subsection, all the duties,
functions and powers conferred on the departments, board or district attorneys
by chapter 660, Oregon Laws 2009.
[(2)
The amendments to ORS 137.545 by section 32, chapter 660, Oregon Laws 2009,
become operative on July 1, 2011.]
[(3)]
(2) The amendments to ORS 137.717, [137.721
and] 164.162 and 475.935 by sections 8, 9 and 15, chapter 660,
Oregon Laws 2009, become operative on February 15, 2010.
[(4)]
(3) ORS 144.730, 423.150 and 475.933 and the amendments to ORS 137.717, [137.721 and] 164.162 and 475.935
by sections 11, 14 and 16, chapter 660, Oregon Laws 2009, become operative on
January 1, 2012.
[(5)]
(4) The amendments to ORS 421.121 by section 19, chapter 660, Oregon Laws
2009, become operative on [the effective
date of this 2010 Act] February 17, 2010.
SECTION 4. Section 49, chapter 660,
Oregon Laws 2009, as amended by section 6, chapter 2, Oregon Laws 2010, is
amended to read:
Sec. 49. (1) ORS 144.285
applies to prisoners convicted of aggravated murder or murder that was
committed before, on or after July 1, 2009, and whose petition for a change in
the terms of confinement is denied on or after January 1, 2010.
(2) ORS 144.280 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, chapter 660, Oregon Laws 2009, 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, [137.721 and] 164.162 and 475.935
by sections 8, 9 and 15, chapter 660, Oregon Laws 2009, apply to sentences
imposed:
(a) On or after February 15, 2010; and
(b) For crimes committed on or after
January 1, 2009, and before January 1, 2012.
(5) ORS 475.933 and the amendments to
ORS 137.717, [137.721 and] 164.162 and
475.935 by sections 11, 14 and 16, chapter 660, Oregon Laws 2009, apply to
sentences imposed for crimes committed on or after January 1, 2012.
(6) The amendments to ORS 421.121 by
section 17, chapter 660, Oregon Laws 2009, apply to inmates who:
(a) Are sentenced for a crime
committed:
(A) On or after July 1, 2009; and
(B) Before [the effective date of this 2010 Act] February 17, 2010; and
(b) Are not prohibited by any other
provision of law from obtaining a reduction in the term of incarceration under
ORS 421.121.
(7) The amendments to ORS 421.121 by
section 19, chapter 660, Oregon Laws 2009, apply to inmates who:
(a) Are sentenced for a crime
committed on or after [the effective date
of this 2010 Act] February 17, 2010, and before July 1, 2011; and
(b) Are not prohibited by any other
provision of law from obtaining a reduction in the term of incarceration under
ORS 421.121.
(8) The amendments to ORS 137.545 by
section 20, chapter 660, Oregon Laws 2009, apply to crimes committed before
July 1, 2011.
(9) Section 21, chapter 660, Oregon
Laws 2009, applies to persons:
(a) Convicted of a crime committed
before July 1, 2011; and
(b) Who are on probation on or after
the effective date of the rules adopted by the Department of Corrections under
section 21 (3), chapter 660, Oregon Laws 2009.
(10) Section 31, chapter 660, Oregon
Laws 2009, applies to crimes committed:
(a) On or after February 15, 2010; and
(b) Before January 1, 2012.
[(11)
The amendments to ORS 137.545 by section 32, chapter 660, Oregon Laws 2009,
apply to crimes committed on or after July 1, 2011.]
[(12)]
(11) ORS 163.168 and the amendments to ORS 163.165 and 163.235 by
sections 39 and 43, chapter 660, Oregon Laws 2009, apply to conduct occurring
on or after July 1, 2009.
[(13)]
(12) Except as provided in subsection [(14)] (13) of this section, section 23, chapter 660, Oregon
Laws 2009, applies to persons:
(a) Convicted of a crime committed
before July 1, 2011; and
(b) Sentenced to the legal and
physical custody of the supervisory authority under ORS 137.124 (2).
[(14)(a)]
(13)(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 July 1, 2009,
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 July 1, 2009.
(c) At any time before the date that
is two months after July 1, 2009:
(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 23 (3), chapter 660, Oregon
Laws 2009, 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 23 (4), chapter 660, Oregon Laws 2009.
(d) Section 23, chapter 660, Oregon
Laws 2009, and the provisions of this subsection and subsection [(13)] (12) 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 July 1, 2009.
SECTION 5. ORS 137.545, as amended by
section 32, chapter 660, Oregon Laws 2009, and section 1 of this 2011 Act, 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, 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) 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 of any
hearing before the court that may result in the revocation of the defendant’s
probation for a felony or person Class A misdemeanor. The notification shall be
provided by:
(A) The district attorney if the
defendant is not supervised by the supervisory authority or if the defendant is
supervised by the supervisory authority and the district attorney initiates a
request with the court for a probation violation or revocation hearing.
(B) The supervisory authority if the
defendant is supervised by the supervisory authority and the supervisory
authority initiates a request with the court for a probation violation or
revocation hearing.
(b) To appear personally at the
hearing.
(c) If present, to reasonably express
any views relevant to the issues before the court.
(12) As used in this section:
(a) “Person Class A misdemeanor” has
the meaning given that term in the rules of the Oregon Criminal Justice
Commission.
(b) “Supervisory authority” has the
meaning given that term in ORS 144.087.
SECTION 6. (1) The amendments to
ORS 137.545 by section 5 of this 2011 Act become operative on July 1, 2013.
(2) The amendments to ORS 137.545 by
section 5 of this 2011 Act apply to crimes committed on or after July 1, 2013.
SECTION 7. This 2011 Act being necessary
for the immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on its passage.
Approved by
the Governor June 30, 2011
Filed in the
office of Secretary of State July 1, 2011
Effective date
June 30, 2011
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