The presumptive duration of probation shall be determined by the crime seriousness category of the most serious current crime of conviction:
Eighteen months for Crime Categories 1–2;
Two years for Crime Categories 3–5;
Three years for Crime Categories 6–8; and
Five years for Crime Categories 9–11.(2)(a) Subject to OAR 213-003-0001 (Definitions)(8) and paragraph (e) of this section, the sentencing judge may without departure impose a duration of bench probation other than the presumptive durations in section (1) of this rule when necessary to ensure the conditions and purposes of probation are met, or extend the length of probation subject to OAR 213-005-0008 (Duration of Probation)(2)(e) upon finding a violation or violations of the conditions of probation or when necessary to ensure that the conditions of probation are completely satisfied;
Subject to subsection (e) of this section, the sentencing judge may by departure impose a greater term of supervised probation when necessary to ensure that the conditions and purposes of probation are met;
When an offender not subject to subsection (c) is convicted of a crime of a sexual nature (including but not limited to ORS 163.305 (Definitions)–163.465 (Public indecency), 163.525 (Incest), 167.670, 163.673, 163.677, 163.680), or the sentencing judge finds a sex offender treatment program is appropriate, the judge may without departure impose a sentence of probation up to 5 years;
A probationary term shall not exceed five years.
The time during which the offender has absconded from supervision and a bench warrant has been issued for the offender’s arrest shall not be counted in determining the time served on a sentence of probation.
Nothing in this rule shall preclude the sentencing judge from imposing a period of bench probation as the probationary sentence required or permitted by the sentencing guidelines.