OAR 213-005-0006
Optional Probationary Sentences


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:


An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism;


The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and


The probationary sentence will serve community interests by promoting offender reformation.


The sentencing judge shall not impose an optional probationary sentence if:


A firearm was used in the commission of the offense; or


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


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).


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.

Last Updated

Jun. 8, 2021

Rule 213-005-0006’s source at or​.us