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Oregon Bulletin

June 1, 2012

Oregon Criminal Justice Commission, Chapter 213

Rule Caption: Amends Oregon’s Sentencing Guidelines.

Adm. Order No.: CJC 2-2012

Filed with Sec. of State: 4-27-2012

Certified to be Effective: 4-27-12

Notice Publication Date: 4-1-2012

Rules Adopted: 213-018-0037

Rules Amended: 213-003-0001, 213-004-0001, 213-005-0001, 213-005-0011, 213-005-0013, 213-017-0006, 213-017-0007, 213-017-0008

Rules Repealed: 213-003-0001(T), 213-017-0006(T), 213-017-0007(T), 213-017-0008(T)

Subject: The Criminal Justice Commission (CJC) is required under ORS 137.667 to review all legislation creating new crimes or modifying existing crimes, and to adopt by rule necessary changes to the sentencing guidelines. CJC may also classify offenses as person felonies or person misdemeanors. ORS 137.667(1). These rule changes make permanent various temporary rules that are in currently in place pertaining to the sentencing guidelines. The rule changes also incorporate changes to the guidelines grid and sentencing rules brought about by BM 73 (2010) and SB 395 (2011).

 CJC previously classified the offense of Failure to Report as a Sex Offender under ORS 181.599 as a Level 4 on the Crime Seriousness Scale. The offense was erroneously listed as being categorized both as a Level 5 on the Crime Seriousness Scale, as well as a Level 4 on the Crime Seriousness Scale. A temporary rule is currently in place to correct that error, by deleting the listing of Failure to Report as a Sex Offender from Level 5 of the Crime Seriousness Scale. This rule amendment makes permanent that temporary change.

 HB 2940 (2011) became effective on January 1, 2012. Section 1 of HB 2940 makes the crime of strangulation under ORS 163.187 a Class C felony under certain circumstances. CJC has classified felony strangulation as a person felony, and as a Crime Category 6 on the crime seriousness scale. A temporary rule is currently in place effectuating these classifications. These rule amendments make permanent those temporary changes.

 2011 Or Laws ch 3 ¦ 1 (BM 73) became effective on December 2, 2010. Under BM 73, a Driving Under the Influence of Intoxicants offense under ORS 813.010 committed on or after December 2, 2010 is a class C felony if the defendant has two prior convictions for DUII entered within 10 years of the date of the new offense. Prior to the enactment of 2011 Or Laws ch 598 (SB 395), ORS 813.012(1) required that BM 73 DUIIs be categorized as a Crime Category 6 on the Crime Seriousness Scale. As amended by Section 1 of SB 395, ORS 813.012(1) now provides that a conviction for felony DUII has a crime-seriousness ranking of 6 only if the conviction is a felony under ORS 813.010(5). SB 395 went into effect on June 30, 2011. CJC has classified BM 73 DUII as a Crime Category 4 on the Crime Seriousness Scale. It has also classified BM 73 DUII as a person felony. There is currently a temporary rule in place effectuating those changes. The temporary rule also clarifies that only felony DUII under ORS 813.010(5), not BM 73 felony DUII, is categorized as a Crime Category 6 on the Crime Seriousness Scale. This rule change makes permanent those temporary changes. Additionally, the rules pertaining to sentencing (Division 5) and the guidelines gridblocks are being amended to incorporate changes to the guidelines grid, changes the periods of sanction units and jail units, and the mandatory minimum 90 days of incarceration, following BM 73 and SB 395. An additional rule is being adopted to delineate the offense subcategories for Felony Driving Under the Influence of Intoxicants, also brought about by BM 73 and SB 395.

 The rule changes also include numbering changes necessitated by adding to and deleting from the list of numerically ordered crimes, and updated statutory citations.

Rules Coordinator: Craig Prins—(503) 378-4830

213-003-0001

Definitions

As used in these rules:

(1) “Bench probation” means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge.

(2) “Board” means the State Board of Parole and Post-Prison Supervision.

(3) “Correctional supervision status” means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction.

(4) “Department” means the Department of Corrections.

(5) “Departure” means a sentence, except an optional probationary sentence, which is inconsistent with the presumptive sentence for an offender.

(6) “Dispositional departure” means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. An optional probationary sentence is not a dispositional departure.

(7) “Dispositional line” means the solid black line on the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in which the presumptive sentence is a term of imprisonment and post-prison supervision from the grid blocks in which the presumptive sentence is probation which may include local custodial sanctions. [Appendix not included. See ED. NOTE.]

(8) “Durational departure” means a sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation.

(9) “Grid” means the Sentencing Guidelines Grid set forth as Appendix 1. [Appendix not included. See ED. NOTE.]

(10) “Grid block” means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offender’s criminal history classification.

(11) “Juvenile adjudication” means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony.

(12) “Non-person felonies” are any felonies not defined as a person felony in section (14) of this rule.

(13) “Optional probationary sentence” means any probationary sentence imposed pursuant to OAR 213-005-0006.

(14) “Person felonies” are in numerical statutory order: ORS 162.165 Escape I; ORS 162.185 Supplying Contraband as defined in Crime Categories 6 and 7 (OAR 213-018-0070(1) and (2)); ORS 163.095 Aggravated Murder; ORS 163.115 Murder; ORS 163.115 Felony Murder; ORS 163.118 Manslaughter I; ORS 163.125 Manslaughter II; ORS 163.145 Negligent Homicide; ORS 163.160(3) Felony Domestic Assault; ORS 163.165 Assault III; ORS 163.175 Assault II; ORS 163.185 Assault I; ORS 163.187(4) Felony Strangulation; ORS 163.205 Criminal Mistreatment I; ORS 163.207 Female Genital Mutilation; ORS 163.208 Assaulting a Public Safety Officer; ORS 163.213 Use of Stun Gun, Tear Gas, Mace I; ORS 163.225 Kidnapping II; ORS 163.235 Kidnapping I; ORS 163.275 Coercion as defined in Crime Category 7 (OAR 213-018-0035(1)); ORS 163.355 Rape III; ORS 163.365 Rape II; ORS 163.375 Rape I; ORS 163.385 Sodomy III; ORS 163.395 Sodomy II; ORS 163.405 Sodomy I; ORS 163.408 Sexual Penetration II; ORS 163.411 Sexual Penetration I; ORS 163.425 Sexual Abuse II; ORS 163.427 Sexual Abuse I; ORS 163.465 Felony Public Indecency; ORS 163.479 Unlawful Contact with a Child; ORS 163.452 Custodial Sexual Misconduct in the First Degree; ORS 163.525 Incest; ORS 163.535 Abandon Child; ORS 163.537 Buying/Selling Custody of a Minor; ORS 163.547 Child Neglect I; ORS 163.670 Using Child In Display of Sexual Conduct; ORS 163.684 Encouraging Child Sex Abuse I; ORS 163.686 Encouraging Child Sex Abuse II; ORS 163.688, Possession of Material Depicting Sexually Explicit Conduct of Child I; ORS 163.689, Possession of Material Depicting Sexually Explicit Conduct of Child II; ORS 163.732 Stalking; ORS 163.750 Violation of Court’s Stalking Order; ORS 164.075 Theft by Extortion as defined in Crime Category 7 (OAR 213-018-0075(1)); ORS 164.225 Burglary I as defined in Crime Categories 8 and 9 (OAR 213-018-0025(1) and (2)); ORS 164.325 Arson I; ORS 164.395 Robbery III; ORS 164.405 Robbery II; ORS 164.415 Robbery I; ORS 164.877(3) Tree Spiking (Injury); ORS 166.087 Abuse of Corpse I; ORS 166.165 Intimidation I; ORS 166.220 Unlawful Use of a Weapon; ORS 166.275 Inmate In Possession of Weapon; ORS 166.385(3), Felony Possession of a Hoax Destructive Device; ORS 166.643 Unlawful Possession of Soft Body Armor as defined in Crime Category 6 (OAR 213-018-0090(1)); ORS 167.012 Promoting Prostitution; ORS 167.017 Compelling Prostitution; ORS 167.320(4) Felony Animal Abuse I; ORS 167.322 Aggravated Animal Abuse I; ORS 468.951 Environmental Endangerment; ORS 475.908 Causing Another to Ingest a Controlled Substance as defined in Crime Categories 8 and 9 (OAR 213-019-0007 and 0008); ORS 475.910 Unlawful Administration of a Controlled Substance as defined in Crime Categories 5, 8, and 9 (OAR 213-019-0007, 0008, and 0011); ORS 609.990(3)(b) Maintaining Dangerous Dog; ORS 811.705 Hit and Run Vehicle (Injury); ORS 813.010(5), Felony Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009); 2011 Or Laws ch 598, Felony Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009); ORS 830.475(2) Hit and Run Boat; ORS 97.981 Purchase or Sale of a Body Part for Transplantation or Therapy, ORS 97.982 Alteration of a Document of Gift; Subjecting Another Person to Involuntary Servitude I ORS 163.264, and II ORS 163.422, Trafficking in Persons; ORS 166.149 Aggravated Vehicular Homicide; ORS 167.057 Luring a Minor; Online Sexual Corruption of a Child I ORS 163.433, and II 163.422; ORS 166.070 Aggravated Harassment; 163.196; Aggravated Driving While Suspended or Revoked ORS 475.840(6)(a); Manufacturing or Delivering a Schedule IV Controlled Substance Thereby Causing Death to a Person; and attempts or solicitations to commit any Class A or Class B person felonies as defined herein.

(15) “Person Class A misdemeanors” are in numerical statutory order: ORS 162.315 Resisting Arrest; ORS 163.160 Assault IV; ORS 163.187 Strangulation; ORS 163.190 Menacing; ORS 163.195 Recklessly Endanger Another; ORS 163.200 Criminal Mistreatment II; ORS 163.212 Use of Stun Gun, Tear Gas, Mace II; ORS 163.415 Sexual Abuse III; ORS 163.454 Custodial Sexual Misconduct in the Second Degree; ORS 163.465, Public Indecency; ORS 163.467 Private Indecency; ORS 163.476 Unlawfully Being in a Location Where Children Regularly Congregate; ORS 163.545 Child Neglect II; ORS 163.575 Endanger Welfare of Minor; ORS 163.687 Encouraging Child Sex Abuse III; ORS 163.700 Invasion of Personal Privacy; ORS 163.709 Unlawfully Directing a Laser Pointer; ORS 163.732(1) Stalking; ORS 163.750(1) Violating Court’s Stalking Order; ORS 165.572 Interfering with Making a Police Report; ORS 166.065(4) Harassment/Offensive Sexual Contact; ORS 166.155 Intimidation II; ORS 166.385(2) Misdemeanor Possession of a Hoax Destructive Device; ORS 475.986(1)(d) Unlawful Administration of a Controlled Substance; ORS 609.990(3)(a) Maintaining Dangerous Dog; ORS 813.010, Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009); ORS 167.054 Furnishing Sexually Explicit Material to a Child; and attempts or solicitations to commit any Class C person felonies as defined in section (14) of this rule.

(16) “Presumptive sentence” means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime seriousness ranking of the current crime of conviction and the offender’s criminal history or a sentence designated as a presumptive sentence by statute.

(17) “Primary offense” means the offense of conviction with the highest crime seriousness ranking. If more than one offense of conviction is classified in the same crime category, the sentencing judge shall designate which offense is the primary offense.

(18) “Supervisory agent” means the local community corrections agency responsible for supervising the offender.

(19) “Supervisory authority” means the state and local corrections agency or official designated in each county by that county’s Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both.

(20) “Straight jail” means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in OAR 213-005-0002.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 137.667, 475.986, 475.998 & 2003 OL Ch. 453
Stats. Implemented: ORS 137.667 - 137.669, 2001 OL Ch. 387, 510, 635, 828, 857, 884 & 2003 OL Ch. 453, 577 & 2007 OL Ch. 681, 811, 867, 869, 876 & 2009 OL Ch. 774, 783, 876, 898; 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598; 2011 OL Ch 666
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef, 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 2-1995, f. & cert. ef. 11-2-95; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-003-0001; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08; CJC 1-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10; CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10; CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10; CJC 1-2011(Temp), f. & cert. ef. 11-1-11 thru 4-27-12; CJC 2-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 4-27-12; DMAP 27-2012(Temp), f. & cert. ef. 5-14-12 thru 10-15-12; CJC 2-2012, f. & cert. ef. 4-27-12

213-004-0001

Sentencing Guidelines Grid

(1) The sentencing guidelines grid is a two-dimensional classification tool. The vertical axis is the Crime Seriousness Scale which classifies current crimes of conviction. The horizontal axis is the Criminal History Scale which classifies criminal histories.

(2) Each grid block states the presumptive sentence for an offender whose crime of conviction and criminal history place him or her in that grid block. The solid black line dividing the grid blocks is the dispositional line. The grid is set forth as Appendix 1.

[ED. NOTE: Appendix referenced is available from the agency.]

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0001; CJC 1-2007(Temp), f. & cert. ef. 4-25-07 thru 10-21-07; Administrative correction 12-8-08; CJC 2-2012, f. & cert. ef. 4-27-12

213-005-0001

Place and Term of Incarceration

(1) If an offense is classified in a grid block above the dispositional line, the presumptive sentence shall be a term of imprisonment within the durational range of months stated in the grid block. The sentencing judge should select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.

(2) Terms of incarceration 12 months or less shall be served at the direction of the supervisory authority. Terms of incarceration greater than 12 months shall be served in the legal and physical custody of the Department.

(3) Notwithstanding the term of imprisonment imposed by the sentencing court, and as authorized by the court pursuant to ORS 137.750 for crimes committed on or after December 5, 1996, an offender who enters and successfully completes a special alternative incarceration program, in accordance with the rules and procedures adopted by the Department of Corrections pursuant to ORS 421.500 et. seq., may be released early to serve the term of post-prison supervision imposed as part of the original sentence.

(4) Notwithstanding section (2) of this rule:

(a) Terms of incarceration 12 months or less imposed pursuant to ORS 163.165(2) shall be served in the legal and physical custody of the Department; and

(b) Offenders sentenced under 2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration of 90 days, without reduction for any reason.

Stat. Auth.: ORS 137.667, 421.512 & 2003 OL Ch. 464
Stats. Implemented: ORS 137.667, 137.669, 137.750, 163.165(2), 421.512; 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0001; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 2-2012, f. & cert. ef. 4-27-12

213-005-0011

Sanction Units

(1) When imposing a probationary sentence, the sentencing judge may require that the offender serve a term of custody supervision in a correctional facility or as part of a custody program. The term of custody supervision shall be imposed as a number of sanction units. Sanction units not used to set an initial term of custody are automatically reserved for use as sanctions for probation violations or to insure the purposes of probation are being served.

(2) The number of sanction units that may be imposed as part of a presumptive probationary sentence shall be determined by the grid block classification of the offense:

(a) Up to 90 sanction units for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 120 sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(c) Up to 180 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I.

(3) Notwithstanding section (2) of this rule, for offenders sentenced under 2011 Or Laws ch 598, the maximum number of sanction units that may be imposed as a presumptive probation sentence shall be up to 180 sanction units in grid blocks 4-C through 4-D.

(4) If the sentencing judge imposes a probationary sentence as a dispositional departure or as an optional probationary sentence, the sentencing judge may impose up to 180 sanction units as a part of the sentence. Imposition of more than 180 sanction units is a departure.

(5) Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124(2) or (4):

(a) The supervisory authority shall incarcerate offenders sentenced under 2011 Or Laws ch 598 for at least the mandatory minimum term of 90 days without reduction for any reason.

(b) Except for the mandatory minimum term of 90 days as provided in (5)(a) above, the supervisory authority may execute any sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority.

(6) Notwithstanding the limits on sanction units established in sections 2 and 3 of this rule, an additional number of non-jail sanction units may be used to sanction violations of conditions of a probation sentence. There shall be no departure on these additional non-jail sanction units, nor may they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3). These additional non-jail sanction units are:

(a) Up to 30 additional non-jail sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 60 additional non-jail sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(c) Up to 90 additional non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed as a departure or pursuant to OAR 213-005-0006 (Optional Probation).

(7) Notwithstanding the limits on sanction units established in sections 2, 3 and 4 of this rule, an additional number of sanction units may be used to sanction violations of conditions of a probation sentence. There shall be no departure on these additional sanction units, nor may they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3). These additional sanction units are:

(a) Up to 60 additional jail or non-jail sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I, of which no more than 30 may be jail sanction units;

(b) Up to 105 additional jail or non-jail sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I, of which no more than 45 may be jail sanction units; and

(c) Up to 150 additional jail or non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed as a departure or pursuant to OAR 213-005-0006 (Optional Probation), of which no more than 60 may be jail sanction units.

(8) For crimes committed on or after January 1, 2002, section 6 shall not apply and section 7 shall operate in its place.

Stat. Auth.: ORS 137.667 & 2001 OL Ch. 737 (HB 3461)
Stats. Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 737 (HB 3461); 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89;SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f. & cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0011; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2012, f. & cert. ef. 4-27-12

213-005-0013

Jail as Part of Probation

(1) Subject to the provisions of sections (2), (3) and (4) of this rule, the maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence shall be as follows:

(a) Up to 30 sanction units for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I;

(b) Up to 60 sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and

(c) Up to 90 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I, and if a probation sentence is imposed as a departure from a presumptive prison term or as an optional probation sentence.

(2) Within the limitations established by this rule on the use of jail as part of a probation sentence, the sentencing judge may impose:

(a) A jail term of no more than one-third of the jail sanction units described in section 1 of this rule as part of a probation sentence to be served immediately upon sentencing;

(b) One or more jail terms as a sanction for probation violations over the term of probation; or

(c) Subsections (a) and (b) of this section so long as the total length of jail incarceration does not exceed the limits established by this rule on the use of jail as part of a probationary sentence except as provided in OAR 213-005-0011(6).

(3) The limitations established by this rule on the use of jail as part of a probationary sentence may be exceeded if the sentencing judge, after consulting with the appropriate supervisory authority, finds on the record that local jail space provided by the county is available for a longer term. Upon making such a finding, the sentencing judge may, without departure, use:

(a) Up to the maximum number of jail sanction units described in section 1 of this rule at the time of initial sentencing; and

(b) Up to the maximum number of sanction units described in OAR 213-005-0011(2) and (3) to impose jail for violations of conditions of the probation sentence.

(4) The maximum number of sanction units that may be used to impose a jail term as part of a probationary sentence under 2011 Or Laws ch 598 shall be 90, which must be imposed without reduction for any reason. The provisions of subsection (2)(a) shall not apply to sentences imposed under this subsection.

Stat. Auth.: ORS 137.667 & 2001 OL Ch. 737 (HB 3461)
Stats. Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 737 (HB 3461)
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f. & cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0013; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2012, f. & cert. ef. 4-27-12

213-017-0006

Crime Category 6

The following offenses are classified at crime category 6 on the Crime Seriousness Scale:

(1) Chapter 59 – BLUE SKY LAWS & SECURITIES LAWS* – (C).

(2) MAJOR DRUG OFFENSES (See division 19.)

(3) ORS 162.015 – BRIBERY – (B).

(4) ORS 162.025 – BRIBE RECEIVING – (B).

(5) ORS 162.065 – PERJURY – (C).

(6) ORS 162.117 – PUBLIC INVESTMENT FRAUD – (B).

(7) ORS 162.155 – ESCAPE II – (C).

(8) ORS 162.185 – SUPPLYING CONTRABAND – (C).

(The contraband involves a dangerous weapon not a firearm CC 7; Otherwise CC 4 or 5.)

(9) ORS 162.265 – BRIBING A WITNESS – (C).

(10) ORS 162.275 – BRIBE RECEIVING BY WITNESS – (C).

(11) ORS 162.285 – TAMPERING W/ WITNESS – (C).

(12) ORS 162.325 – HINDERING PROSECUTION – (C).

(13) ORS 163.160(3) – FELONY DOMESTIC ASSAULT – (C).

(14) ORS 163.165 – ASSAULT III – (C).

(If the offense cannot be ranked at CC 8).

(15) ORS 163.187(4) – FELONY STRANGULATION – (C).

(16) ORS 163.208 – ASSAULT OF A PUBLIC SAFETY OFFICER – (C).

(17) ORS 163.213 – USE OF A STUN GUN, TEAR GAS, MACE I – (C).

(18) ORS 163.257 – CUSTODIAL INTERFERENCE I – (C).

(19) ORS 163.264 – SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE I – (B).

(If offender physically restrained or threatened to physically restrain a person; otherwise CC 9.)

(20) ORS 163.275 – COERCION – (C). (No threat of physical injury; otherwise CC 7.)

(21) ORS 163.355 – RAPE III – (C).

(22) ORS 163.385 – SODOMY III – (C).

(23) ORS 163.432 – ONLINE SEXUAL CORRUPTION OF A CHILD II – (C).

(24) ORS 163.465 – FELONY PUBLIC INDECENCY – (C).

(25) ORS 163.525 – INCEST – (C).

(If one of the participants is under the age of 18; otherwise CC 1.)

(26) ORS 163.547 – CHILD NEGLECT IN THE FIRST DEGREE – (B).

(27) ORS 163.688 – POSSESSION OF MATERIAL DEPICTING SEX. EXPLICIT CONDUCT OF A CHILD I – (B).

(28) ORS 164.055 – THEFT I* – (C).

(29) ORS 164.057 – AGGRAVATED THEFT – (B).

(Economic loss was greater than $50,000; otherwise CC 5.)

(30) ORS 164.065 – THEFT OF LOST/MISLAID PROPERTY * – (C).

(31) ORS 164.075 – THEFT BY EXTORTION* – (B).

(32) ORS 164.085 – THEFT BY DECEPTION* – (C).

(33) ORS 164.125 – THEFT OF SERVICES* – (C).

(34) ORS 164.135 – UNAUTHORIZED USE OF VEHICLE* – (C).

(35) ORS 164.138 – CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* – (C).

(36) ORS 164.140(4) – POSSESSION OF RENTED PROPERTY* – (C).

(37) ORS 164.162 – MAIL THEFT OR RECEIPT OF STOLEN MAIL – (C).

(For sentences imposed prior to February 15, 2010, and for sentences imposed for crimes committed on or after January 1, 2012; otherwise a Class A misdemeanor.)

(38) ORS 164.215 – BURGLARY II* – (C).

(39) ORS 164.315 – ARSON II* – (C).

(40) ORS 164.365 – CRIMINAL MISCHIEF I* – (C).

(41) ORS 164.377 – COMPUTER FRAUD (LOTTERY)* – (C).

(42) ORS 164.377(3) – COMPUTER CRIME* – (C).

(43) ORS 164.868 – UNLAWFUL LABEL SOUND RECORDING* – (C).

(44) ORS 164.869 – UNLAWFUL RECORD LIVE PERFORMANCE* – (C).

(45) ORS 164.872 – UNLAWFUL LABEL VIDEOTAPE* – (C).

(46) ORS 164.877(1) – TREE-SPIKING – (C).

(47) ORS 164.889 – INTERFERE W/ AGRICULTURAL RESEARCH* – (C).

(48) ORS 165.013 – FORGERY I* – (C).

(49) ORS 165.022 – CRIMINAL POSSESSION OF FORGED INSTRUMENT I* – (C).

(50) ORS 165.055(3)(A) – CREDIT CARD FRAUD* – (C).

(51) ORS 165.065 – NEGOTIATING BAD CHECKS* – (C).

(52) ORS 165.074 – UNLAWFUL FACTORING PAYMENT CARD* v (C).

(53) ORS 165.692 – FILING A FALSE CLAIM FOR HEALTH CARE PAYMENT – (C).

(54) ORS 165.800 – IDENTITY THEFT* – (C).

(55) ORS 166.015 – RIOT – (C).

(56) ORS 166.070 – AGGRAVATED HARRASSMENT – (C).

(57) ORS 166.165 – INTIMIDATION I – (C).

(58) ORS 166.220 – UNLAWFUL USE OF WEAPON – (C).

(59) ORS 166.270 – EX-CON IN POSSESSION OF FIREARM – (C).

(60) ORS 166.272 – UNLAWFUL POSSESSION OF FIREARM – (B).

(61) ORS 166.370(1) – INTENT POSS. FIREARM OR DANG. WEAP. IN and (5)(a) – PUBLIC BUILDING; DISCHARGE FIREARM IN SCHOOL – (C).

(62) ORS 166.382 – POSSESSION OF DESTRUCTIVE DEVICE – (C).

(63) ORS 166.384 – UNLAWFUL MANUFACTURE OF DESTRUCTIVE DEVICE – (C).

(64) ORS 166.410 – ILLEGAL MANUFACTURE, IMPORTATION OR TRANSFER OF FIREARMS – (B).

(65) ORS 166.643 – UNLAWFUL POSSESS SOFT BODY ARMOR – (B).

(If offender committed or was attempting to commit a person felony or misdemeanor involving violence, otherwise CC 4.)

(66) ORS 167.057 – LURING A MINOR – (C).

(67) ORS 167.339 – ASSAULT OF A LAW ENFORCEMENT ANIMAL – (C).

(68) ORS 167.388 – INTERFERE LIVESTOCK PRODUCTION* – (C).

(69) ORS 647.145 – TRADEMARK COUNTERFEITING II* – (C).

(70) ORS 647.150 – TRADEMARK COUNTERFEITING I* – (B).

(71) ORS 811.182 – DRIVING WHILE SUSPENDED/REVOKED – (C).

(72) ORS 811.705 – HIT & RUN VEHICLE (INJURY) – (C).

(73) ORS 813.010(5) – FELONY DRIVING UNDER THE INFLUENCE – (C).

(74) ORS 819.300 – POSSESSION OF STOLEN VEHICLE* – (C).

(75) ORS 819.310 – TRAFFICKING IN STOLEN VEHICLES – (C).

(If part of an organized operation or if value of property taken from one or more victims was greater than $50,000; otherwise CC 5.)

(76) ORS 830.475 – HIT AND RUN BOAT – (C).

* Property offenses marked with an asterisk shall be ranked at Crime Category 6 if the value of the property stolen or destroyed was $50,000 or more, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

Stat. Auth.: ORS 137.667, 2003 OL Ch. 453, & 2009 OL Ch. 660
Stats. Implemented: ORS 137.667 - 137.669, 2001 OL Ch. 147, 635, 828 2003 2001 OL Ch. 383, 453, 543, 2005 OL Ch. 708, 2007 OL Ch. 684, 811, 869, 876, SB 1087 (2008), Ballot Measure 57 (2008), & 2009 OL Ch. 660 & HB 3508 (2009) & 2009 OL Ch. 783; 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598; 2011 OL Ch. 666
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08; CJC 2-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-29-09; CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10; CJC 3-2009(Temp), f. & cert. ef. 6-17-09 thru 12-13-09; CJC 4-2009(Temp), f. & cert. ef. 9-16-09 thru 3-14-10; CJC 5-2009, f. 12-11-09, cert. ef. 12-13-09; CJC 7-2009, f. 12-31-09, cert. ef. 1-1-10; CJC 3-2010(Temp), f. & cert. ef. 6-30-10 thru 12-26-10; CJC 5-2010, f. 12-13-10, cert. ef. 12-26-10; CJC 1-2011(Temp), f. & cert. ef. 11-1-11 thru 4-27-12; CJC 2-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 4-27-12; CJC 2-2012, f. & cert. ef. 4-27-12

213-017-0007

Crime Category 5

The following offenses are classified at crime category 5 on the Crime Seriousness Scale:

(1) Chapter 59 – BLUE SKY LAWS & SECURITIES LAWS* – (C).

(2) DRUG-RELATED OFFENSES. (See division 19).

(3) ORS 162.185 – SUPPLYING CONTRABAND – (C).

(If contraband includes a controlled substance but no firearms (CC 7) or dangerous weapons (CC 6); otherwise CC 4.)

(4) ORS 163.537 – BUYING OR SELLING THE CUSTODY OF A MINOR – (B). (If cannot be ranked at CC 8.)

(5) ORS 163.686 – ENCOURAGING CHILD SEX ABUSE II – (C).

(6) ORS 164.055 – THEFT I* – (C).

(7) ORS 164.057 – AGGRAVATED THEFT – (B). (If not categorized at CC 6.)

(8) ORS 164.065 – THEFT OF LOST/MISLAID PROPERTY* – (C).

(9) ORS 164.075 – THEFT BY EXTORTION* —(B).

(10) ORS 164.085 – THEFT BY DECEPTION* – (C).

(11) ORS 164.095 – THEFT BY RECEIVING – (C).

(If part of an organized operation; otherwise CC 3.)

(12) ORS 164.125 – THEFT OF SERVICES* – (C).

(13) ORS 164.135 – UNAUTHORIZED USE OF VEHICLE * – (C).

(14) ORS 164.140(4) – POSSESSION OF RENTED PROPERTY * – (C).

(15) ORS 164.215 – BURGLARY II* – (C).

(16) ORS 164.315 – ARSON II* – (C).

(17) ORS 164.365 – CRIMINAL MISCHIEF I * – (C).

(18) ORS 164.377(5) – COMPUTER FRAUD (LOTTERY) * – (C).

(19) ORS 164.377(5) – COMPUTER CRIME* – (C).

(20) ORS 164.395 – ROBBERY III – (C).

(21) ORS 164.868 – UNLAWFUL LABEL SOUND RECORDING* – (C).

(22) ORS 164.869 – UNLAWFUL RECORD LIVE PERFORMANCE* - (C).

(23) ORS 164.872 – UNLAWFUL LABEL VIDEOTAPE* – (C).

(24) ORS 164.889 – INTERFERE W/ AGRICULTURAL RESEARCH* – (C).

(25) ORS 165.013 – FORGERY I* – (C).

(26) ORS 165.022 – CRIMINAL POSSESSION OF FORGED INSTRUMENT I* – (C).

(27) ORS 165.055(3)(A) – CREDIT CARD FRAUD* – (C).

(28) ORS 165.065 – NEGOTIATING BAD CHECKS* – (C).

(29) ORS 165.074 – UNLAWFUL FACTORING PAYMENT CARD * – (C).

(30) ORS 165.800 – IDENTITY THEFT* – (C).

(31) ORS 166.087 – ABUSE OF CORPSE I – (B).

(32) ORS 166.385(3) – FELONY POSSESSION OF A HOAX DESTRUCTIVE DEVICE – (C).

(33) ORS 167.388 – INTERFERE LIVESTOCK PRODUCTION* – (C).

(34) ORS 609.990(3)(b) – MAINTAINING A DANGEROUS DOG – (C).

(35) ORS 647.145 – TRADEMARK COUNTERFEITING II* – (C).

(36) ORS 647.150 – TRADEMARK COUNTERFEITING I* – (B).

(37) ORS 819.300 – POSSESSION OF STOLEN VEHICLE* – (C).

(38) ORS 819.310 – TRAFFICKING IN STOLEN VEHICLES – (C). (If not categorized at CC 6.)

(39) 2003 Oregon Laws Ch 804 – UNLAWFUL DISTRIB. CIGARETTES – (C) <120,000.

(40) 2003 Oregon Laws Ch 804 – UNLAWFUL DISTRIB. TOBACCO PRODUCTS – (C)

(41) 2007 Oregon Laws Ch 584 – AGGRAVATED IDENTITY THEFT – (B).

(42) 2007 Oregon Laws Ch 681 – PURCHASE OR SALE OF A BODY PART FOR TRANSPLANTATION OR THERAPY – (C).

(43) 2007 Oregon Laws Ch 684 – CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* – (C).

(44) 2007 Oregon Laws Ch 811 – SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE II – (C).

* Property offenses marked with an asterisk shall be ranked at Crime Category 5 if the value of the property stolen was $10,000 but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - 137.669, 164.889, 166.643 & 2003 OL Ch. 383, 453, 543, 632, 2005 OL Ch. 708, 2007 OL Ch. 584, 681, 684, & 811
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08; CJC 1-2008, f. & cert. ef. 10-9-08; CJC 1-2012(Temp), f. & cert. ef. 1-27-12 thru 7-24-12; CJC 2-2012, f. & cert. ef. 4-27-12

213-017-0008

Crime Category 4

The following offenses are classified at crime category 4 on the Crime Seriousness Scale:

(1) Chapter 59 – BLUE SKY LAWS & SECURITIES LAWS* – (C).

(2) DRUG OFFENSES (See division 19.).

(3)ORS 162.185 – SUPPLYING CONTRABAND – (C). (If offense cannot be ranked at CC 5, 6 or 7.)

(4) ORS 162.205 – FAILURE TO APPEAR I – (C).

(5) ORS 163.245 – CUSTODIAL INTERFERENCE II – (C).

(6) ORS 163.689 – POSSESSION OF MATERIAL DEPICTING SEX. EXPLICIT CONDUCT OF CHILD II – (C).

(7) ORS 164.055 – THEFT I * – (C).

(8) ORS 164.065 – THEFT OF LOST/MISLAID PROPERTY* – (C).

(9) ORS 164.075 – THEFT BY EXTORTION* – (B).

(10) ORS 164.085 – THEFT BY DECEPTION* – (C).

(11) ORS 164.125 – THEFT OF SERVICES* – (C).

(12) ORS 164.135 – UNAUTHORIZED USE OF VEHICLE* – (C).

(13) ORS 164.140(4) – POSSESSION OF RENTED PROPERTY* – (C).

(14) ORS 164.215 – BURGLARY II* – (C).

(15) ORS 164.315 – ARSON II* – (C).

(16) ORS 164.365 – CRIMINAL MISCHIEF I* – (C). (Except ORS 164.365(1)(e).)

(17) ORS 164.377(5) – COMPUTER FRAUD (LOTTERY)* – (C).

(18) ORS 164.377(5) – COMPUTER CRIME* – (C).

(19) ORS 164.868 – UNLAWFUL LABEL SOUND RECORDING* – (C).

(20) ORS 164.869 – UNLAWFUL RECORD LIVE PERFORMANCE* – (C).

(21) ORS 164.872 – UNLAWFUL LABEL VIDEOTAPE* – (C).

(22) ORS 165.013 – FORGERY I* – (C).

(23) ORS 165.022 – CRIMINAL POSSESSION OF FORGED INSTRUMENT I* – (C).

(24) ORS 165.032 – CRIMINAL POSSESSION OF FORGERY DEVICE – (C).

(25) ORS 165.055(3)(A) – CREDIT CARD FRAUD* – (C).

(26) ORS 165.065 – NEGOTIATING BAD CHECKS * – (C).

(27) ORS 165.074 – UNLAWFUL FACTORING PAYMENT CARD * – (C).

(28) ORS 165.581 – CELLULAR COUNTERFEITING I – (B).

(29) ORS 165.800 – IDENTITY THEFT* – (C).

(30) ORS 165.810 – UNLAWFUL POSSESSION PERSONAL ID DEVICE. – (C).

(31) ORS 166.023 – DISORDERLY CONDUCT I – (C).

(32) ORS 166.643 – UNLAWFUL POSSESS SOFT BODY ARMOR – (B). (If not categorized at CC 6)

(33) ORS 167.262 – USING A MINOR IN CONTROLLED SUBSTANCE OFFENSE – (A). (CC 8 if minor 3 or more yrs. Younger than offender.)

(34) ORS 167.388 – INTERFERE LIVESTOCK PRODUCTION* – (C).

(35) ORS 181.599 – FAIL/REPORT SEX OFFENDER – (C).

(36) ORS 647.145 – TRADEMARK COUNTERFEITING II* – (C).

(37) ORS 647.150 – TRADEMARK COUNTERFEITING I* – (B).

(38) ORS 819.300 – POSSESSION OF STOLEN VEHICLE* – (C).

(39) 2007 Oregon Laws Ch 498 - ORGANIZED RETAIL THEFT – (B).

(40) 2007 Oregon Laws Ch 681 – ALTERATION OF A DOCUMENT OF GIFT – (C).

(41) 2007 Oregon Laws Ch 684 – CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* – (C).

(42) 2011 Or Laws Ch 598 – FELONY DRIVING UNDER THE INFLUENCE – (C).

* Property offenses marked with an asterisk shall be ranked at Crime Category 4 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed was $5,000 or more but less than $10,000; or

(b) The property stolen was a vehicle valued at $10,000 or more and used primarily for personal rather than commercial transportation.

Stat. Auth.: ORS 137.667 & 2003 OL Ch. 453
Stats. Implemented: ORS 137.667 - 137.669, 164.889, 166.643 & 2003 OL Ch. 383, 453, 543, 632, 2005 OL Ch. 708, 2007 OL Ch. 498, 681 & 684; 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru 4-12-06; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08; CJC 1-2011(Temp), f. & cert. ef. 11-1-11 thru 4-27-12; CJC 2-2012, f. & cert. ef. 4-27-12

213-018-0037

Felony Driving Under the Influence of Intoxicants (ORS 813.010(5) and 2011 Or Laws Ch 598)

(1) CRIME CATEGORY 6: Felony Driving Under the Influence of Intoxicants shall be ranked at Crime Category 6 under the circumstances described in ORS 813.010(5).

(2) CRIME CATEGORY 4: Felony Driving Under the Influence of Intoxicants shall be ranked at Crime Category 4 under the circumstances described in 2011 Or Laws ch 598.

Stat. Auth.: ORS 137.667, ORS 813.012
Stats. Implemented: ORS 137.667 - 137.669, ORS 813.012, 2011 Or Laws ch 1, 2011 Or Laws ch 598.
Hist.: CJC 2-2012, f. & cert. ef. 4-27-12


 

Rule Caption: Notice rule requirements.

Adm. Order No.: CJC 3-2012(Temp)

Filed with Sec. of State: 4-27-2012

Certified to be Effective: 4-27-12 thru 10-23-12

Notice Publication Date:

Rules Amended: 213-001-0000

Subject: The Criminal Justice Commission (CJC) is required under ORS 137.667(1) to review all legislation creating new crimes or modifying existing crimes, and to adopt by rule necessary changes to the sentencing guidelines. CJC may also classify offenses as person felonies or person misdemeanors. ORS 137.667(1).

 Under the Oregon Administrative Procedures Act (APA), agencies are required to adopt rules pertaining to rulemaking procedures. ORS 183.341. The APA also requires that agencies give the public a minimum of 21 days’ notice of a proposed rulemaking before the rule becomes effective. ORS 183.335(1)(b). CJC has adopted such rules. However, the public notice period required under the CJC rules is greater that the public notice period required under the APA, i.e., 28 days’ notice versus 21 days’ notice.

 In order to meet the requirements of the current CJC rule to provide 28 days’ notice to the public prior to the effective date of the rule, notice would need to be filed with the Secretary of State, Archives Division approximately nine weeks prior to the effective date of the proposed rule. In order to meet the 21 days’ public notice requirement of the Administrative Procedures Act, notice would need to be filed with the Secretary of State, Archives Division approximately 5 weeks prior to the effective date of the proposed rule. CJC desires to adopt changes to the sentencing guidelines administrative rules. However, in order to have CJC’s proposed changes to the sentencing guidelines administrative rules effective in a timely manner, it is necessary for CJC to provide notice that meets the statutory APA minimum notice requirement of 21 days, but which is earlier than CJC’s existing notice requirement of 28 days. This rule change modifies CJC’s existing administrative rules regarding notice to the public of proposed rulemaking so that CJC’s notice requirements are consistent with the advance public notice time period required by the APA. This rule change will in turn permit CJC to timely adopt necessary changes to the sentencing guidelines administrative rules as required by law, and have those changes be effective in a timely manner. CJC’s advance notice requirements pertaining to legislators, interested parties, and other specific entities listed in CJC’s notice rules remain unchanged.

Rules Coordinator: Craig Prins—(503) 378-4830

213-001-0000

Notice Rule for Rulemaking

Prior to the adoption, amendment or repeal of any permanent rule, the chairperson of the Criminal Justice Commission or designee shall give notice of the proposed action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the proposed rule.

(2) By furnishing a copy of the notice to persons on the Criminal Justice Commission mailing list established pursuant to ORS 183.335(7) at least 28 days prior to the effective date of the proposed rule.

(3) By furnishing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days prior to the effective date of the proposed rule.

(4) By furnishing a copy of the notice at least 28 days prior to the effective date of the proposed rule to:

(a) Associated Press;

(b) The Oregonian, Portland, Oregon;

(c) East Oregonian, Pendleton, Oregon;

(d) Statesman Journal, Salem, Oregon;

(e) Medford Mail Tribune, Medford, Oregon;

(f) The Register Guard, Eugene, Oregon;

(g) The Bulletin, Bend, Oregon;

(h) Oregon State Bar Bulletin;

(i) Chief Justice, Oregon Supreme Court;

(j) Chief Judge, Oregon Court of Appeals;

(k) Oregon Circuit Judges Association;

(l) Office of the Attorney General;

(m) State Court Administrator;

(n) American Civil Liberties Union;

(o) Association of Oregon Counties;

(p) Crime Victims United;

(q) Oregon Association Chiefs of Police;

(r) Oregon Community Corrections Directors Association;

(s) Oregon Criminal Defense Lawyers Association;

(t) Oregon District Attorneys Association;

(u) Oregon State Sheriffs Association;

(v) Office of Public Defense Services;

(w) Rules Coordinator, Department of Corrections;

(x) Association of Municipal Court Judges;

(y) Justices of the Peace Association; and

(z) Board of Parole and Post-Prison Supervision.

Stat. Auth.: ORS 183.341(2) & (4)
Stats. Implemented: ORS 183.341(2) & (4)
Hist.: SSGB 1-1988, f. & cert. ef. 11-16-88; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1995(Temp), f. & cert. ef. 9-1-95; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-001-0000; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2012(Temp), f. & cert. ef. 4-27-12 thru 10-23-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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