OAR 213-010-0002
Revocation Sanctions

(1)

For those offenders whose presumptive sentence was probation, the sentence upon revocation shall be to the supervisory authority for a term up to a maximum of six months.

(2)

For those offenders whose probationary sentence was either a departure from a presumptive prison sentence or a sentence imposed pursuant to OAR 213-005-0006 (Optional Probationary Sentences), the sentence upon revocation shall be a prison term up to the maximum presumptive prison term which could have been imposed initially, if the presumptive prison term exceeds 12 months. For those presumptive prison terms 12 months or less, the sentence upon revocation shall be to the supervisory authority, up to the maximum presumptive prison term.

(3)

Notwithstanding (2) of this rule, if a probation sentence is revoked under ORS 137.712 (Exceptions to ORS 137.700 and 137.707)(5), the court shall impose the presumptive prison term.

(4)

When imposing a revocation sanction, the sentencing judge shall also set a term of post-prison supervision in accordance with OAR 213-005-0002 (Term of Post-Prison Community Supervision).

(5)

No revocation sanction may exceed the limitations established by this rule.

Source: Rule 213-010-0002 — Revocation Sanctions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=213-010-0002 (accessed May 26, 2025).

May 26, 2025

Rule 213-010-0002's source at or​.us