General Provisions

ORS 161.620
Sentences imposed upon waiver


Notwithstanding any other provision of law, a sentence imposed upon any person waived under ORS 419C.349 (Grounds for waiving youth to adult court), 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) shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minimum sentence except that a mandatory minimum sentence under:

(1)

ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) shall be imposed, except as provided in ORS 137.712 (Exceptions to ORS 137.700 and 137.707);

(2)

ORS 163.105 (Sentencing options for aggravated murder) (1)(c) shall be imposed; and

(3)

ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) may be imposed. [1985 c.631 §9; 1989 c.720 §3; 1993 c.33 §306; 1993 c.546 §119; 1995 c.422 §131y; 1999 c.951 §2; 2019 c.634 §8]
Note: 161.620 (Sentences imposed upon waiver) was added to and made a part of ORS 161.615 (Maximum terms of imprisonment for misdemeanors) to 161.685 (Effect of nonpayment of fines, restitution or costs) by legislative action but was not added to any smaller series in that series. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

This section prohibits imposition of any minimum prison term on remanded juvenile, except if conviction is under ORS 163.105; overruling State v. Noble, 94 Or App 123, 764 P2d 949 (1988). Wells v. Peterson, 111 Or App 171, 826 P2d 13 (1992), aff'd on other grounds, 315 Or 233, 844 P2d 192 (1992)

"Mandatory minimum sentence" means statutorily required minimum sentence. State v. Jones, 315 Or 225, 844 P2d 188 (1992); Engweiler v. Board of Parole, 343 Or 536, 175 P3d 408 (2007)

Where juvenile is convicted of crime specifically subjecting juvenile to mandatory minimum sentence, general prohibition against mandatory minimum sentence for juvenile does not apply. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied

Determinate sentence imposed under sentencing guidelines is not "mandatory minimum sentence." State v. Davilla, 157 Or App 639, 972 P2d 902 (1998), Sup Ct review denied

Features of "Mandatory Minimum Sentence" Include

1) requirement that court impose sentence; 2) specified duration that court may not reduce; and 3) confinement of person. State v. Kennedy, 196 Or App 681, 103 P3d 660 (2004)

Statute has no application to authority of Board of Parole and Post-Prison Supervision to adopt rules allowing for parole release by juveniles convicted of aggravated murder. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)

Law Review Citations

75 OLR 1223 (1996); 52 WLR 61 (2015)

§§ 161.605 to 161.685

Law Review Citations

51 OLR 433, 476, 489 (1972)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021