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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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OREGON CRIMINAL JUSTICE COMMISSION

 

DIVISION 4

THE SENTENCING GUIDELINES GRID

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: Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.]

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

Crime Seriousness Scale

213-004-0002

Crime Seriousness Scale

(1) The Crime Seriousness Scale consists of eleven categories of crimes. Each crime category represents crimes of relatively equal seriousness. The complete Crime Seriousness Scale is set forth in OAR 213-017-0000 through 0011.

(2) When the statutory definition of an offense includes a broad range of criminal conduct, the offense may be subclassified factually in more than one crime category to capture the full range of criminal conduct covered by the statutory offense. The list of subclassified offenses is set forth in OAR 213-018-0000 through 0090.

(3) Drug related offenses are separately classified and subclassified. Those classifications are set forth in OAR 213-019-0000 through 0015.

Stat. Auth.: ORS 137.667 - ORS 137.669 & 2001 OL Ch. 510 (HB 2353) & 857 (HB 3035)
Stats. Implemented: ORS 137.667 - ORS 137.669, 2001 OL Ch. 510 (HB 2353), 615 (HB 3661), 857 (HB 3035) & 870 (HB 2918)
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; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0002; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

213-004-0003

Aggravated Murder

The offense of Aggravated Murder is not ranked in the Crime Seriousness Scale because the sentence is set by statute as death or mandatory life imprisonment (ORS 163.095-163.105).

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0003

213-004-0004

Other Unranked Offenses

Except for ORS 163.095-163.105 Aggravated Murder, when a person is convicted of any other felony which is omitted from the Crime Seriousness Scale, the sentencing judge shall determine the appropriate crime category for the current crime of conviction and shall state on the record the reasons for the offense classification.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0004; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97

213-004-0005

Attempts And Solicitations

(1) A conviction for an attempted crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for an attempted crime shall not exceed the maximum sentence permitted for such criminal conduct under ORS 161.405.

(2) A conviction for soliciting a crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for a solicitation offense shall not exceed the maximum sentence permitted by law for such criminal conduct under ORS 161.435.

(3) A conviction for attempted aggravated murder, or soliciting aggravated murder shall be ranked on the Crime Seriousness Scale at crime category 10.

(4) A conviction for an attempt or solicitation of an offense ranked on the Crime Seriousness Scale at crime category 1 or 2 shall be ranked at crime category 1.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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 253-004-0005

The Criminal History Scale

213-004-0006

Criminal History Scale

(1) The Criminal History Scale includes nine mutually exclusive categories used to classify an offender's criminal history according to the extent and nature of the offender's criminal history at the time the current crime or crimes of conviction is sentenced. The nine categories in the scale are labeled alphabetically and are arranged in order of seriousness from the most serious (Criminal History Category A) to the least serious (Criminal History Category I).

(2) An offender's criminal history is based upon the number of adult felony and Class A misdemeanor convictions and juvenile adjudications in the offender's criminal history at the time the current crime or crimes of conviction are sentenced. For crimes committed on or after November 1, 1989 a conviction is considered to have occurred upon the pronouncement of sentence in open court. For crimes committed prior to November 1, 1989 a conviction is considered to have occurred upon pronouncement in open court of a sentence, or upon the pronouncement in open court of the suspended imposition of a sentence. Prior adult convictions or juvenile adjudications which have been expunged shall not be considered when classifying an offender's criminal history. Prior findings of "guilty except for insanity" shall not be considered when classifying an offender's criminal history.

(3) Whether a prior offense should be classified as a misdemeanor conviction or a felony conviction for criminal history purposes shall be determined by the classification of the offense at the time of conviction as announced by the sentencing judge rather than by the sentence imposed for the crime.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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 2-1989, f. 10-17-89; 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 253-004-0006

213-004-0007

Criminal History Categories

The criminal history categories in the Criminal History Scale are:

A -- The offender's criminal history includes three or more person felonies in any combination of adult convictions or juvenile adjudications.

B -- The offender's criminal history includes two person felonies in any combination of adult convictions or juvenile adjudications.

C -- The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony; and one or more adult conviction or juvenile adjudication for a non-person felony.

D -- The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony; but no adult conviction or juvenile adjudications for a non-person felony.

E -- The offender's criminal history includes four or more adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony.

F -- The offender's criminal history includes two or three adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony.

G -- The offender's criminal history includes four or more adult convictions for Class A misdemeanors; one adult conviction for a non-person felony; or three or more juvenile adjudications for non-person felonies, but no adult conviction or juvenile adjudication for a person felony.

H -- The offender's criminal history includes no adult felony conviction or juvenile adjudication for a person felony; no more than two juvenile adjudications for non-person felonies; and no more than three adult convictions for Class A misdemeanors.

I -- The offender's criminal history does not include any juvenile adjudication for a felony or any adult conviction for a felony or Class A misdemeanor.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0007

213-004-0008

Person Class A Adult Misdemeanor Convictions

Every two prior adult convictions of person Class A misdemeanors in the offender's criminal history shall be counted as one adult conviction of a person felony for criminal history purposes.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0008

213-004-0009

Prior ORS 813.010 (DUII) Convictions

In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle:

(1) Every two prior convictions for misdemeanor driving while under the influence of intoxicants or comparable statutory offense or ordinance violation in the offender's criminal history shall be counted as one conviction of felony driving under the influence of intoxicants; and

(2) Each felony conviction for driving while under the influence of intoxicants shall be counted as a person felony and each misdemeanor conviction for driving while under the influence of intoxicants shall be counted as a person Class A misdemeanor.

Stat. Auth.: ORS 137.667 & 1999 OL Ch. 1049 (HB 2002)
Stats. Implemented: ORS 137.667 – ORS 137.669 & 1999 OL Ch. 1049 (HB 2002)
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; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0009; CJC 1-1999, f. & cert. ef. 11-1-99

213-004-0010

Burglary I

(1) A prior Burglary I (ORS 164.225) conviction for an offense committed after the effective date of these rules shall be classified for criminal history:

(a) As a prior person felony if that prior conviction was classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)); and

(b) As a prior non-person felony if that prior conviction was classified as a Crime Category 7 offense on the Crime Seriousness Scale (OAR 213-018-0025(3)).

(2) A prior Burglary I (ORS 164.225) conviction for an offense committed before the effective date of these rules or any juvenile adjudication for conduct, committed before or after the effective date of these rules, which if committed by an adult would have constituted Burglary I shall be classified as a prior person felony if the State proves by a preponderance of the evidence that the criminal conduct would have been classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)), however if the State does not meet that burden of proof, then the prior offense shall be classified as a prior non-person felony in crime category 7 (OAR 213-018-0025(3)).

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 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 253-004-0010; CJC 1-1999, f. & cert. ef. 11-1-99

213-004-0011

Out-Of-State Adult Convictions And Juvenile Adjudications

(1) An out-of-state adult conviction shall be used to classify the offender's criminal history if the elements of the offense would have constituted a felony or Class A misdemeanor under current Oregon law.

(2) Out-of-state juvenile adjudications shall be used to classify the offender's criminal history if the elements of the offense would have constituted a felony under current Oregon law if committed by an adult.

(3) Out-of-state adult convictions and out-of-state juvenile adjudications described in sections (1) and (2) of this rule shall be classified as person felonies or person Class A misdemeanors if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) OR (15).

(4) Any adult conviction arising from a federal or military tribunal shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15).

(5) Any adult conviction or juvenile adjudication under a subsequently repealed statute shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense currently listed at OAR 213-003-0001(14) or (15).

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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; CJC 2-1995, f. & cert. ef. 11-2-95; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-004-0011

213-004-0013

Proof Of Criminal History

(1) The offender's criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge.

(2) Except to the extent disputed in accordance with section (3) of this rule, the summary of the offender's criminal history prepared for the court by the state shall satisfy the state's burden of proof as to an offender's criminal history.

(3) Upon receipt of the criminal history summary prepared for the court by the district attorney, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history summary. Except to the extent any disputed part is thereafter changed by agreement of the district attorney and the defendant with the approval of the sentencing judge, the state shall have the burden of producing further evidence to satisfy its burden of proof as to any disputed part or parts of the criminal history and the sentencing judge shall allow the state reasonable time to produce such evidence to establish the disputed portion of the criminal history by a preponderance of the evidence.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 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 253-004-0013

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