OAR 213-005-0006
Optional Probationary Sentences
(1)
If an offense is classified in grid blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional probationary sentence upon making the specific findings on the record:(a)
An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism;(b)
The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and(c)
The probationary sentence will serve community interests by promoting offender reformation.(2)
The sentencing judge shall not impose an optional probationary sentence if:(a)
A firearm was used in the commission of the offense; or(b)
At the time of the offense, the offender was under correctional supervision status for a felony conviction or a juvenile adjudication as defined in OAR 213-003-0001 (Definitions)(11); or(c)
The offender’s conviction is for Manufacture of a Controlled Substance involving substantial quantities of methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS 475.996(1)(a).(3)
A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.
Source:
Rule 213-005-0006 — Optional Probationary Sentences, https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-005-0006.