Judgment and Execution

ORS 137.593
Duty of corrections agencies to impose structured, intermediate sanction for probation violations


Duty of corrections agencies to impose structured, intermediate sanctions for probation violations. (1) Except as otherwise provided in subsection (2) of this section, when a court suspends the imposition or execution of sentence and places a defendant on probation, or sentences a defendant to probation under the rules of the Oregon Criminal Justice Commission and orders a defendant placed under the supervision of the Department of Corrections or a county community corrections agency, the Department of Corrections or the county community corrections agency shall impose structured, intermediate sanctions for the violation of conditions of probation in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions). Under no circumstances may the Department of Corrections or a county community corrections agency revoke probation.

(2)

Notwithstanding ORS 137.124 (Commitment of defendant to Department of Corrections or county) and 423.478 (Duties of department and counties) and any other provision of law, the sentencing judge shall retain authority:

(a)

To revoke probation and receive recommendations regarding revocation of probation from the supervising officer made in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions);

(b)

To determine whether conditions of probation have been violated and to impose sanctions for the violations if the court, at the time of sentencing, states on the record that the court is retaining such authority;

(c)

To cause a probationer to be brought before the court for a hearing upon motion of the district attorney or the court’s own motion prior to the imposition of any structured, intermediate sanctions or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on the probationer pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions) and to revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law; and

(d)

To impose and require an offender to serve a period of incarceration not to exceed 180 days as a sanction for revocation of probation.

(3)

In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions). [1993 c.680 §10; 1995 c.423 §9a]
Note: See note under 137.592 (Policy regarding probation violations).

Notes of Decisions

Authority of sentencing judge who revokes probation to require period of incarceration not exceeding 180 days for offender sentenced to custody of county supervisory authority does not limit authority of judge to impose sentence of incarceration otherwise allowed by law. State v. Ferguson, 228 Or App 1, 206 P3d 1145 (2009)

As used in this section, terms "structured, intermediate sanction[s]" include only sanctions imposed for violating conditions of probation for particular crime; thus, this section did not prevent trial court from revoking probation on burglary conviction, based on same conduct, when individual already served structured, intermediate sanction imposed for violation of condition of post-prison supervision on theft conviction. State v. Richards, 277 Or App 128, 370 P3d 874 (2016), aff'd 361 Or 840, 401 P3d 767 (2017)


Source

Last accessed
Jun. 26, 2021