Controlled Substances
ORS
475.930
Imposition of sentence under ORS 164
(1)
When a court sentences a person under ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164) and 475.925 (Sentences for certain controlled substance offenses):(a)
The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in:(A)
ORS 475.925 (Sentences for certain controlled substance offenses) (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.(B)
ORS 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors) (1) and 475.925 (Sentences for certain controlled substance offenses) (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.(C)
ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older) shall be determined utilizing crime category 8 of the sentencing guidelines grid.(b)
(A)
Notwithstanding ORS 161.605 (Maximum terms of imprisonment for felonies), the court shall impose the sentence described in ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164) and 475.925 (Sentences for certain controlled substance offenses) and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.(B)
The court may impose a sentence other than the sentence described in ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164) and 475.925 (Sentences for certain controlled substance offenses) if the court imposes a longer term of incarceration that is otherwise required or authorized by law.(2)
A person sentenced under ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164) and 475.925 (Sentences for certain controlled substance offenses) may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed. [2008 c.14 §11]Notes of Decisions
Under 2011 version, determination of actual sentence by reference to sentencing grid does not make sentence prescribed by statute subject to [former] ORS 138.222 barring of appellate review of presumptive sentence prescribed by Oregon Criminal Justice Commission rules. State v. Miller, 291 Or App 599, 422 P3d 327 (2018), Sup Ct review denied