Sentencing of juvenile offenders
(1)A court may not impose a sentence of life imprisonment without the possibility of release or parole on a person who was under 18 years of age at the time of committing the offense.
(2)In determining the appropriate sentence for a person who was under 18 years of age at the time of committing the offense, if the court is provided information concerning the following circumstances, or any other relevant circumstances, the court shall consider those circumstances in imposing the sentence:
(a)The person’s age, intellectual capacity and impetuousness at the time of the offense.
(b)The person’s family and community environment, history of trauma and prior involvement in the juvenile dependency system at the time of the offense.
(c)The person’s ability at the time of the offense to appreciate the risks and consequences of the conduct constituting the offense.
(d)The person’s community involvement prior to the offense.
(e)Any peer or familial pressure to which the person was subjected at the time of the offense.
(f)Whether and to what extent an adult was involved in the commission of the offense.
(g)The person’s capacity for rehabilitation.
(h)The person’s school records and special education evaluations.
(i)Any other mitigating factors or circumstances presented by the person.
(3)(a) If the court is provided with a report of a mental health evaluation of the person, the court shall give the evaluation substantial weight in imposing the sentence if:
(A)The evaluation was conducted by a psychiatrist or psychologist whose primary practice involves the treatment of adolescents; and
(B)The report includes the assessment of the person’s degree of insight, judgment, self-awareness, emotional regulation and impulse control.
(b)Paragraph (a) of this subsection does not constitute a requirement that a person obtain or submit an evaluation for sentencing.
(4)When sentencing a person who was under 18 years of age at the time of committing the offense, under no circumstances may the court consider the age of the person as an aggravating factor.
(5)When sentencing a person who was under 18 years of age at the time of committing an offense to a term of imprisonment, the court shall indicate in the judgment:
(a)The age of the person at the time of committing the offense; and
(b)That the person is eligible for a hearing and release under ORS 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment). [2019 c.634 §24]
(2)Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents), 137.124 (Commitment of defendant to Department of Corrections or county), 137.705 (Definitions), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 137.712 (Exceptions to ORS 137.700 and 137.707), 144.185 (Records and information available to board), 161.610 (Enhanced penalty for use of firearm during commission of felony), 161.620 (Sentences imposed upon waiver), 163.105 (Sentencing options for aggravated murder), 163.115 (Murder in the second degree), 163.155 (Sentencing for murder of pregnant victim), 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon), 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction), 339.317 (Notice to school district of person charged with crime), 339.319 (Notice to school district of person convicted of crime), 339.321 (Notice to school district and law enforcement agencies of release or discharge of person), 419C.005 (Jurisdiction), 419C.050 (Transfer to juvenile court from another court), 419C.346 (Juvenile court’s retention of authority over parent), 419C.349 (Grounds for waiving youth to adult court), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.355 (Written findings required), 419C.358 (Consolidation of nonwaivable and waivable charges), 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses), 420.011 (Admissions to youth correction facilities), 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]
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)
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