ORS 137.124
Commitment of defendant to Department of Corrections or county

  • place of confinement
  • transfer of adults in custody
  • juveniles

(1)

If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months:

(a)

The court shall not designate the correctional facility in which the defendant is to be confined but shall commit the defendant to the legal and physical custody of the Department of Corrections; and

(b)

If the judgment provides that the term of incarceration be served consecutively to a term of incarceration of 12 months or less that was imposed in a previous proceeding by a court of this state upon conviction of a felony, the defendant shall serve any remaining part of the previously imposed term of incarceration in the legal and physical custody of the Department of Corrections.

(2)

Intentionally left blank —Ed.

(a)

If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that is 12 months or less, the court shall commit the defendant to the legal and physical custody of the supervisory authority of the county in which the crime of conviction occurred.

(b)

Notwithstanding paragraph (a) of this subsection, when the court imposes a sentence upon conviction of a felony that includes a term of incarceration that is 12 months or less, the court shall commit the defendant to the legal and physical custody of the Department of Corrections if the court orders that the term of incarceration be served consecutively to a term of incarceration that exceeds 12 months that was imposed in a previous proceeding or in the same proceeding by a court of this state upon conviction of a felony.

(3)

After assuming custody of the convicted person the Department of Corrections may transfer adults in custody from one correctional facility to another such facility for the purposes of diagnosis and study, rehabilitation and treatment, as best seems to fit the needs of the adult in custody and for the protection and welfare of the community and the adult in custody.

(4)

If the court imposes a sentence of imprisonment upon conviction of a misdemeanor, it shall commit the defendant to the custody of the supervisory authority of the county in which the crime of conviction occurred.

(5)

Intentionally left blank —Ed.

(a)

When a person under 18 years of age at the time of committing the offense and under 20 years of age at the time of sentencing is committed to the Department of Corrections under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) or due to the fact that criminal proceedings were initiated after the person attained 18 years of age, the Department of Corrections shall transfer the physical custody of the person to the Oregon Youth Authority as provided in ORS 420.011 (Admissions to youth correction facilities) if:

(A)

The person will complete the sentence imposed before the person attains 25 years of age;

(B)

The Department of Corrections and the Oregon Youth Authority determine that, because of the person’s age, immaturity, mental or emotional condition or risk of physical harm to the person, the person should not be incarcerated initially in a Department of Corrections institution; or

(C)

The person is under 18 years of age at the time of sentencing and commitment.

(b)

A person placed in the custody of the Oregon Youth Authority under this subsection who is at least 18 years of age shall be returned to the physical custody of the Department of Corrections whenever the Director of the Oregon Youth Authority, after consultation with the Department of Corrections, determines that the conditions or circumstances that warranted the transfer of custody under this subsection are no longer present.

(c)

Notwithstanding ORS 137.320 (Delivery of defendant when committed to Department of Corrections), the sheriff may by agreement with the Department of Corrections transfer the person described in this subsection directly to a youth correction facility for physical custody without first delivering the person to the Department of Corrections. As part of the agreement with the Department of Corrections, the sheriff may designate the county juvenile department or the Oregon Youth Authority to conduct the direct transfer described in this paragraph if the sheriff has entered into a written agreement with the county juvenile department, the Oregon Youth Authority, or both, to provide the direct transfer.

(6)

Intentionally left blank —Ed.

(a)

When a person under 18 years of age at the time of committing the offense and under 20 years of age at the time of sentencing is committed to the legal and physical custody of the Department of Corrections or the supervisory authority of a county following waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) or sentencing under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (5)(b)(A) or (7)(b) or 137.712 (Exceptions to ORS 137.700 and 137.707), the Department of Corrections or the supervisory authority of a county shall transfer the person to the physical custody of the Oregon Youth Authority for placement as provided in ORS 420.011 (Admissions to youth correction facilities) (3). The terms and conditions of the person’s incarceration and custody are governed by ORS 420A.200 (Duration of custody of Oregon Youth Authority) to 420A.206 (Conditional release). Notwithstanding ORS 137.320 (Delivery of defendant when committed to Department of Corrections), the sheriff may by agreement with the Department of Corrections or the supervisory authority of a county transfer the person described in this subsection directly to a youth correction facility for physical custody without first delivering the person to the Department of Corrections or supervisory authority of the county. As part of the agreement with the Department of Corrections or supervisory authority of the county, the sheriff may designate the county juvenile department or the Oregon Youth Authority to conduct the direct transfer described in this paragraph if the sheriff has entered into a written agreement with the county juvenile department, the Oregon Youth Authority, or both, to provide the direct transfer.

(b)

Notwithstanding ORS 137.320 (Delivery of defendant when committed to Department of Corrections), when a person under 16 years of age is waived under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) and subsequently is sentenced to a term of imprisonment in the county jail, the sheriff shall transfer the person to a youth correction facility for physical custody as provided in ORS 420.011 (Admissions to youth correction facilities) (3).

(7)

Notwithstanding the provisions of subsection (5)(a)(A) of this section, the department or the supervisory authority of a county may not transfer the physical custody of the person under subsection (5)(a)(A) of this section if the Director of the Oregon Youth Authority, after consultation with the Department of Corrections or the supervisory authority of a county, determines that, because of the person’s age, mental or emotional condition or risk of physical harm to other persons, the person should not be incarcerated in a youth correction facility.

(8)

Notwithstanding any other provision of this section, under no circumstances may a person under 18 years of age be incarcerated in a Department of Corrections institution.

(9)

If a defendant is transferred under subsection (5) of this section, the defendant shall also be transferred after a resentencing on the same charges resulting from an appellate decision or a post-conviction relief proceeding or for any other reason, even if the defendant is 20 years of age or older at the time of the resentencing.

(10)

For the purposes of determining the person’s age at the time of committing an offense under this section:

(a)

If the person is convicted of two or more offenses occurring on different days, the person’s age shall be calculated using the earliest date.

(b)

If the person is convicted of an offense occurring within a range of dates, the person’s age shall be calculated using the date at the beginning of the range. [1967 c.585 §4; 1971 c.743 §325; 1973 c.836 §262; 1985 c.631 §5; 1987 c.320 §30; 1993 c.33 §299; 1993 c.546 §118; 1995 c.422 §§57,57a; 1995 c.423 §12a; 1999 c.109 §5; 2013 c.355 §1; 2014 c.31 §1; 2017 c.134 §1; 2019 c.213 §22; 2019 c.634 §2]

Source: Section 137.124 — Commitment of defendant to Department of Corrections or county; place of confinement; transfer of adults in custody; juveniles, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

Notes of Decisions

Nothing in the Agreement on Detainers law or the Western Interstate Corrections Compact law indicates an intent by the legislature to change the rule that concurrent sentences may be provided only when they may be served in the same institution. State v. Stewart, 6 Or App 264, 487 P2d 899 (1971)

Once defendant begins to serve sentence, court has no jurisdiction to modify or vacate that sentence. State v. Highland, 28 Or App 251, 558 P2d 1298 (1977), Sup Ct review denied

Under this section penitentiary inmates have no right to remain at particular institution and no justifiable expectation that they will not be transferred except for misconduct. Bartholomew v. Reed, 477 F Supp 223 (1979), as modified by 665 F2d 915

Sentencing guidelines may provide for sentence to term of incarceration that is less than statutory minimum to be served in state correctional facility. State v. Pemberton, 226 Or App 285, 203 P3d 326 (2009)

137.010
Duty of court to ascertain and impose punishment 137.012
Suspension of imposition or execution of sentence of person convicted of certain sexual offenses 137.013
Appearance by victim at time of sentencing 137.017
Disposition of fines, costs and security deposits received by court 137.020
Time for pronouncing judgment 137.030
Presence of defendant at pronouncement of judgment 137.040
Bringing defendant in custody to pronouncement of judgment 137.050
Nonattendance or nonappearance of released defendant when attendance required by court 137.060
Form of bench warrant 137.070
Counties to which bench warrant may issue 137.071
Requirements for judgment documents 137.074
Fingerprints of convicted felons and certain misdemeanants required 137.076
Blood or buccal sample and thumbprint of certain convicted defendants required 137.077
Presentence report 137.079
Presentence report 137.080
Consideration of circumstances in aggravation or mitigation of punishment 137.085
Age and physical disability of victim as factors in sentencing 137.090
Considerations in determining aggravation or mitigation 137.100
Defendant as witness in relation to circumstances 137.101
Compensatory fine 137.103
Definitions for ORS 137.101 to 137.109 137.105
Authority of trial court during pendency of appeal 137.106
Restitution to victims 137.107
Authority of court to amend part of judgment relating to restitution 137.108
Restitution when defendant has entered into diversion agreement 137.109
Effect of restitution order on other remedies of victim 137.118
Assignment of judgments for collection of monetary obligation 137.120
Term of sentence 137.121
Maximum consecutive sentences 137.123
Provisions relating to concurrent and consecutive sentences 137.124
Commitment of defendant to Department of Corrections or county 137.126
Definitions for ORS 137.126 to 137.131 137.128
Community service as part of sentence 137.129
Length of community service sentence 137.131
Community service as condition of probation for offense involving graffiti 137.138
Forfeiture of weapons and revocation of hunting license for certain convictions 137.143
All monetary obligations constitute single obligation on part of convicted person 137.145
Definitions for ORS 137.145 to 137.159 137.146
Priorities for application of payments on criminal judgments entered in circuit courts 137.147
Priorities for application of payments on criminal judgments entered in local courts 137.149
Level I obligations in circuit court judgments 137.151
Level I obligations in local court judgments 137.153
Level II obligations in circuit court judgments 137.154
Level II obligations in local court judgments 137.155
Level III obligations in circuit court judgments 137.156
Level III obligations in local court judgments 137.157
Level IV obligations in circuit court judgments 137.158
Level IV obligations in local court judgments 137.159
Level V obligations in circuit court judgments 137.167
Imprisonment when county jail is not suitable for safe confinement 137.170
Entry of judgment in criminal action 137.172
Entry of corrected judgment 137.175
Judgment in criminal action that effects release of defendant 137.183
Interest on judgments 137.210
Taxation of costs against complainant 137.212
Clerk to prepare trial court file 137.218
Joint petition for reconsideration of conviction or sentence 137.221
Vacation of judgment of conviction for prostitution 137.222
Motion for reduction of marijuana conviction offense classification 137.223
Order setting aside judgment of guilty except for insanity 137.225
Order setting aside conviction or record of criminal charge 137.226
Eligibility for order setting aside certain marijuana convictions 137.227
Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person 137.228
Finding that defendant is alcoholic or drug-dependent person 137.229
Duty of Department of Corrections 137.230
Definitions for ORS 137.260 137.260
Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged 137.270
Effect of felony conviction on property of defendant 137.275
Effect of felony conviction on civil and political rights of felon 137.281
Withdrawal of rights during term of incarceration 137.285
Retained rights of felon 137.286
Minimum fines for misdemeanors and felonies 137.300
Criminal Fine Account 137.301
Legislative findings 137.310
Authorizing execution of judgment 137.315
Electronic telecommunication of notice of judgment authorized 137.320
Delivery of defendant when committed to Department of Corrections 137.330
Where judgment of imprisonment in county jail is executed 137.333
Exception to ORS 137.330 137.370
Commencement and computation of term of imprisonment in state correctional institution 137.372
Credit for time served as part of probationary sentence 137.375
Release of prisoners whose terms expire on weekends or legal holidays 137.380
Discipline, treatment and employment of prisoners 137.390
Commencement, term and termination of term of imprisonment in county jail 137.440
Return by officer executing judgment 137.450
Enforcement of money judgment in criminal action 137.452
Satisfaction of monetary obligation imposed as part of sentence 137.463
Death warrant hearing 137.464
Administrative assessment of defendant’s mental capacity 137.466
Judicial determination of defendant’s mental capacity 137.467
Delivery of warrant when place of trial changed 137.473
Means of inflicting death 137.476
Assistance by licensed health care professional or nonlicensed medically trained person 137.478
Return of death warrant after execution of sentence of death 137.482
Service of documents on defendant 137.520
Power of committing magistrate to parole and grant temporary release to persons confined in county jail 137.523
Custody of person sentenced to confinement as condition of probation 137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467 137.530
Investigation and report of parole and probation officers 137.532
Probation without entering plea 137.533
Probation without entering judgment of guilt 137.540
Conditions of probation 137.542
Probation conditions related to medical use of cannabis 137.545
Period of probation 137.547
Consolidation of probation violation proceedings 137.551
Revocation of probationary sentences 137.553
Use of citations for probation violations authorized 137.557
Citation 137.560
Copies of certain judgments to be sent to Department of Corrections 137.570
Authority to transfer probationer from one agency to another 137.580
Effect of transfer of probationer from one agency to another 137.590
Appointment of parole and probation officers and assistants 137.592
Policy regarding probation violations 137.593
Duty of corrections agencies to impose structured, intermediate sanctions for probation violations 137.595
Establishing system of sanctions 137.596
Probation violations 137.597
Probationer may consent to imposition of sanctions 137.599
Hearing prior to, or after, imposition of sanctions 137.610
Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge 137.620
Powers of parole and probation officers 137.630
Duties of parole and probation officers 137.633
Earned reduction of supervision period 137.635
Determinate sentences required for certain felony convictions 137.637
Determining length of determinate sentences 137.651
Definitions for ORS 137.654, 137.656 and 137.658 137.654
Oregon Criminal Justice Commission 137.656
Purpose and duties of commission 137.658
Authority of chairperson to create committees within commission 137.661
Agency cooperation with commission 137.662
Oregon Criminal Justice Commission Account 137.667
Amendments to sentencing guidelines 137.669
Guidelines control sentences 137.671
Authority of court to impose sentence outside guidelines 137.672
Aggravating factor sentencing rules relating to gender identity of victim 137.673
Validity of rules 137.674
Use of force data analysis 137.676
Development of method for district attorneys to record and report bias-related crime data 137.678
Analysis of bias-related crime and incident data 137.679
Restorative justice grant program 137.680
Development of specialty court standards 137.681
Innovative Grant Program 137.682
Innovative Grant Fund 137.683
Racial and ethnic impact statements for proposed legislation 137.685
Racial and ethnic impact statements for state measures 137.689
Oregon Crimefighting Act 137.690
Major felony sex crime 137.700
Offenses requiring imposition of mandatory minimum sentences 137.705
Definitions 137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court 137.709
Application of ORS 137.700 and 137.707 137.712
Exceptions to ORS 137.700 and 137.707 137.717
Presumptive sentences for certain property offenders 137.719
Presumptive life sentence for certain sex offenders upon third conviction 137.725
Presumptive life sentence for certain sex offenders upon second conviction 137.750
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs 137.751
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508 137.752
Requirements when defendant committed to custody of county 137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752 137.765
Sexually violent dangerous offenders 137.767
Presentence investigation and examination 137.769
Defendant’s right to independent examination 137.771
Resentencing hearing 137.924
Supervisory authority to provide information to agency directors 137.930
Criminal history data provider requirements
Green check means up to date. Up to date

Current through early 2024

§ 137.124’s source at oregon​.gov