General Provisions

ORS 161.737
Sentence imposed on dangerous offender as departure from sentencing guidelines


(1)

A sentence imposed under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) shall constitute substantial and compelling reasons to depart from the presumptive sentence as provided by rules of the Oregon Criminal Justice Commission.

(2)

When the sentence is imposed, the sentencing judge shall indicate on the record the reasons for the departure and shall impose, in addition to the indeterminate sentence imposed under ORS 161.725 (Standards for sentencing of dangerous offenders), a required incarceration term that the offender must serve before release to post-prison supervision. If the presumptive sentence that would have been imposed if the court had not imposed the sentence under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) as a departure is a prison sentence, the required incarceration term shall be no less than the presumptive incarceration term and no more than twice the maximum presumptive incarceration term. If the presumptive sentence for the offense is probation, the required incarceration term shall be no less than the maximum incarceration term provided by the rule of the Oregon Criminal Justice Commission that establishes incarceration terms for dispositional departures and no more than twice that amount. However, the indeterminate sentence imposed under this section and ORS 161.725 (Standards for sentencing of dangerous offenders) is not subject to any guideline rule establishing limitations on the duration of departures. [1989 c.790 §77; 1993 c.334 §6]

Notes of Decisions

Where presumptive sentence could be determined from the record, trial court complied with statutory requirement to indicate presumptive sentence in written judgment. State v. Warren, 122 Or App 334, 857 P2d 876 (1993), Sup Ct review denied

Pre-1993 dangerous offender sentence is departure sentence within sentencing guidelines. State v. Davis, 315 Or 484, 847 P2d 834 (1993). But see State v. Coburn, 146 Or App 653, 934 P2d 579 (1997)

Entire indeterminate term of pre-1993 dangerous offender statute is incarceration term subject to limitations on consecutive sentences. State v. Davis, 315 Or 484, 847 P2d 834 (1993). But see State v. Coburn, 146 Or App 653, 934 P2d 579 (1997)

Where 30-year dangerous offender sentence exceeded prescribed statutory maximum sentence, imposition of dangerous offender sentence based on finding of fact by court violated defendant's federal constitutional right to have fact proved to jury beyond reasonable doubt. State v. Warren, 195 Or App 656, 98 P3d 1129 (2004), Sup Ct review denied

Where trial court imposed determinate sentence on defendant and sentence was more than 400% of presumptive sentencing grid block set out in sentencing guidelines, sentence was beyond legal limit because "400% rule" that limits upward departure of sentencing to no more than 400% of presumptive sentence applies to determinate sentences when trial court imposes sentence enhancement discretion under this section. State v. Worth, 274 Or App 1, 360 P3d 536 (2015), Sup Ct review denied

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