OAR 213-009-0001
Statutorily Mandated Imprisonment

(1)

If a mandatory prison sentence is required or authorized by statute, the sentence imposed shall be that determinate sentence or the sentence under these rules whichever is longer.

(2)

If the provisions of ORS 137.635 (Determinate sentences required for certain felony convictions), require the imprisonment of an offender for whom the grid provides presumptive probation, the offender shall be imprisoned for a duration determined as follows:

(a)

11–12 months for an offense classified in Grid Block 7-I;

(b)

12–13 months for an offense classified in Grid Block 7-H;

(c)

13–14 months for an offense classified in Grid Block 7-G; and

(d)

14–15 months for an offense classified in Grid Block 7-F.

(3)

Notwithstanding subsection (1) of this rule, if it is the first time an offender is subject to the provisions of ORS 161.610 (Enhanced penalty for use of firearm during commission of felony)(4)(a), the court may impose a lesser sentence in accordance with these rules.

Source: Rule 213-009-0001 — Statutorily Mandated Imprisonment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=213-009-0001.

Last Updated

Jun. 8, 2021

Rule 213-009-0001’s source at or​.us