ORS 137.218
Joint petition for reconsideration of conviction or sentence

(1)

Intentionally left blank —Ed.

(a)

Notwithstanding ORS 138.540 (Petition for relief as exclusive remedy for challenging conviction), a person who was sentenced for a felony offense other than aggravated murder and the district attorney of the county in which the person was sentenced may jointly petition the sentencing court for reconsideration of a conviction or sentence if the original sentence no longer advances the interests of justice and the conviction is not eligible to be set aside under ORS 137.225 (Order setting aside conviction or record of criminal charge). The petition shall specify each conviction to be reconsidered and the terms of the agreement between the district attorney and the person, which may include the dismissal of charges, the vacating of previous convictions, a plea to a new alternative offense, resentencing for the original conviction or sentencing on the new offense.

(b)

If the court is not authorized to impose the new sentence requested in the petition on the original crime of conviction due to the fact that the new sentence is lower than a sentence required by ORS 137.690 (Major felony sex crime), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants), the terms of the agreement shall include the vacating of the original judgment of conviction, and may include the preparation by the district attorney of a new charging instrument with an alternative offense, a plea by the person to the alternative offense and waiver of any challenges to the conviction for the alternative offense and the imposition by the court of the new sentence on the alternative offense.

(2)

Intentionally left blank —Ed.

(a)

Upon receipt of the petition described in subsection (1) of this section, the court shall hold a hearing. The court may grant the petition if the court determines that the original sentence no longer advances the interests of justice.

(b)

If the court grants the petition, but the court is not authorized to impose the new sentence requested in the petition on the original conviction due to fact that the new sentence is lower than a sentence required by ORS 137.690 (Major felony sex crime), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants), the court shall vacate the original judgment of conviction and proceed in accordance with the agreement. If applicable, the district attorney shall prepare a charging instrument charging the person with an alternative offense, the court shall proceed with taking a plea to the alternative offense, the person shall waive any challenges to the conviction for the alternative offense and the court shall impose the new sentence requested in the petition.

(c)

If the court grants the petition and the court is not prohibited from imposing the sentence requested in the petition as described in paragraph (b) of this subsection, the court shall proceed in accordance with the agreement.

(d)

If the court imposes a new sentence on the original conviction under this section, the court shall resentence the defendant in the same manner as if the person had not previously been sentenced, provided that the new sentence, if any, is not greater than the original sentence. The court shall impose the new sentence as specified in the petition notwithstanding any other law mandating or requiring a specific sentence.

(3)

The court may consider post-conviction factors when determining whether to grant a petition under this section, including but not limited to:

(a)

The person’s disciplinary record and record of rehabilitation while incarcerated;

(b)

Evidence that reflects whether the person’s age, time served and diminished physical or mental condition, if any, have reduced the person’s risk for future violence;

(c)

The safety of the victim associated with each conviction in the petition;

(d)

The amount of the original sentence already served by the person; and

(e)

Evidence that reflects changed circumstances since the person’s original sentencing and shows that the person’s continued incarceration no longer advances the interests of justice.

(4)

Intentionally left blank —Ed.

(a)

The district attorney shall use all reasonable efforts to inform the victim associated with each conviction in the petition, in a trauma-informed manner, of the fact that a petition has been filed under this section, and provide a copy of the petition to the victim, as soon as practicable and no later than 30 days before any hearing on the petition. The district attorney shall further make all reasonable efforts to provide notification to the victim of the date of the hearing, explain the petition process under this section to the victim, provide opportunities for input by the victim and provide the victim with access to available victim advocates and other related services.

(b)

At the hearing described in subsection (2) of this section, the court shall provide an opportunity for victims to make a statement in person, in writing or through a representative.

(5)

When a person is resentenced under this section, the person shall receive credit for time served under ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution). If the person is convicted of a new offense under this section, the court shall indicate that the new crime of conviction was committed as part of the same criminal episode as the original crime of conviction.

(6)

A resentencing under this section does not revive any challenge to the resentenced conviction if the challenge would have been barred at the time of resentencing due to the passage of time. [2021 c.414 §1]
Note: 137.218 (Joint petition for reconsideration of conviction or sentence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.218 — Joint petition for reconsideration of conviction or sentence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

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

§ 137.218’s source at oregon​.gov