Judgment and Execution

ORS 137.530
Investigation and report of parole and probation officers

  • statement of victim

(1)

Parole and probation officers, when directed by the court, shall fully investigate and report to the court in writing on the circumstances of the offense, criminal record, social history and present condition and environment of any defendant. Unless the court directs otherwise in individual cases, a defendant may not be sentenced to probation until the report of the investigation has been presented to and considered by the court.

(2)

Whenever a presentence report is made, the preparer of the report shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant’s offense upon the victim. If the victim is under 18 years of age, the preparer shall obtain the consent of the victim’s parent or guardian before contacting the victim. The preparer of the report shall include the statement of the victim in the presentence investigation report. If the preparer is unable to contact the victim or if the victim declines to make a statement, the preparer shall report that the preparer was unable to contact the victim after making reasonable efforts to do so, or, if contact was made with the victim, that the victim declined to make a statement for purposes of this section. Before taking a statement from the victim, the preparer of the report shall inform the victim that the statement will be made available to the defendant and the defendant’s attorney prior to sentencing as required under ORS 137.079 (Presentence report).

(3)

Whenever desirable, and facilities exist for conducting physical and mental examinations, the investigation shall include physical and mental examinations of such defendants.

(4)

As used in this section, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent. [Amended by 1983 c.723 §1; 1993 c.14 §10; 1993 c.294 §4; 2005 c.264 §2]

Notes of Decisions

Hearsay is admissible in the sentencing procedure at least in so far as it may be included in a presentence report. State v. McKinney, 7 Or App 248, 489 P2d 976 (1971), Sup Ct review denied; State v. Woolery, 16 Or App 180, 517 P2d 1212 (1974), Sup Ct review denied

Prior juvenile violations and criminal convictions obtained in proceedings where defendant was not represented by counsel, or was not advised of his right to counsel or did not intelligently waive his right to counsel are subject to collateral attack when listed in presentence report. State v. Flores, 13 Or App 556, 511 P2d 414 (1973)

In the presentence report, the court may consider defendant’s prior involvement with the law, although no convictions may have resulted therefrom. State v. Woolery, 16 Or App 180, 517 P2d 1212 (1974), Sup Ct review denied

The rules of evidence which apply during trial have no application to the presentence report. State v. Woolery, 16 Or App 180, 517 P2d 1212 (1974), Sup Ct review denied

A trial court’s refusal to consider a presentence report before the imposition of sentence does not constitute a denial of the defendant’s right to effective counsel. State v. Watson, 26 Or App 59, 551 P2d 1314 (1976)

COMPLETED CITATIONS: Buchea v. Sullivan, 262 Or 222, 497 P2d 1169 (1972)

Law Review Citations

8 WLJ 458-467 (1972)

Source

Last accessed
May 30, 2023

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