OAR 213-008-0007
Departure Limitations in Consecutive Sentences

(1)

The court may depart from the limits established by OAR 213-012-0002 for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any individual offense being sentenced consecutively.

(2)

Except as provided by section (3) of this rule, the sentencing judge shall comply with the provisions of OAR 213-008-0001 (Departure Sentences) to 213-008-0006 (Departure Limitations on the Use of Sanction Units) when a departure sentence is imposed for an offense sentenced consecutively.

(3)

When a departure sentence is imposed for any individual offense sentenced consecutively, the incarceration term of that departure sentence shall not exceed twice the maximum incarceration term that may be imposed for that offense as provided in OAR 213-012-0020 (Consecutive Sentences)(2)(a). This limit on the duration of a departure sentence does not apply to any indeterminate sentence imposed on a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) nor to consecutive sentences imposed for crimes that have different victims.

Source: Rule 213-008-0007 — Departure Limitations in Consecutive Sentences, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=213-008-0007.

Last Updated

Jun. 8, 2021

Rule 213-008-0007’s source at or​.us