Commencement and computation of term of imprisonment in state correctional institution
- sentences concurrent unless court orders otherwise
Source:
Section 137.370 — Commencement and computation of term of imprisonment in state correctional institution; sentences concurrent unless court orders otherwise, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
Where probation violator was sentenced to penitentiary for violation, this section did not apply to time previously served as condition of probation, but only to number of days for which he was subsequently incarcerated as result of probation violation. Brown v. Cupp, 31 Or App 1237, 572 P2d 1065 (1977)
Upon probation revocation, sheriff rather than trial judge has responsibility of crediting defendant with time served after arrest. State v. Rudy, 33 Or App 635, 603 P2d 1230 (1979)
Where petitioner was sentenced to life on federal charge in 1965 and to life on state charge later that year, under this section, petitioner’s Oregon sentence was consecutive to federal sentence, commenced when he was delivered to custody of Oregon authorities and not credited with time served on federal sentence. Gray v. Board of Parole, 71 Or App 757, 694 P2d 572 (1984), Sup Ct review denied
Although it is responsibility of Department of Corrections under this section to give credit for jail time served after arrest for crime for which sentence was imposed, this responsibility does not arise until sheriff who had arrestee confined has complied with sheriff’s statutory duty to deliver statement of number of days defendant was imprisoned prior to delivery to Corrections Department. Gage v. Maass, 306 Or 196, 759 P2d 1049 (1988)
Where individual’s temporary leave from Oregon State Prison was revoked because he was arrested on new robbery charges, he was not entitled to credit on robbery sentences under this section for time served at prison between arrest and sentencing. Chambers v. Maass, 92 Or App 283, 758 P2d 393 (1988), Sup Ct review denied
Imposition of sentence without giving credit for 161 days time spent in jail between arrest and date of sentencing was improper as nothing in sentencing guidelines changes statutory provisions that require credit for post-arrest imprisonment. State v. Barber, 113 Or App 603, 832 P2d 51 (1992)
Execution of judgment commences as soon as defendant is physically delivered to Department of Corrections, regardless of whether judgment is served concurrently or consecutively with another judgment ordering defendant to department’s custody. State v. DeCamp, 158 Or App 238, 973 P2d 922 (1999)
Execution of concurrent sentences may be commenced at different times. State v. Lebeck, 171 Or App 581, 17 P3d 504 (2000)
Person who is on home detention or other pretrial conditional release is not “confined” for purposes of accumulating credit for time served. Curtiss v. Department of Corrections, 212 Or App 42, 157 P3d 279 (2007)
COMPLETED CITATIONS: State v. Penland, 6 Or App 255, 486 P2d 1314 (1971), Sup Ct review denied
Attorney General Opinions
Date when consecutive state sentence imposed on federal prisoner commences, (1980) Vol 40, p 494; Concurrent Oregon and foreign institution sentences, (1981) Vol. 42, p 182
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