(3) Correctional supervision status means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction. Do not possess weapons, firearms, or dangerous animals. An official website of the State of Oregon , Union County Bench Probation ClerkKelly Ducote541.962.9500 Ext 33, Wallowa County Bench Probation541.426.4991. State v. Caffee, 116 Or App 23, 840 P2d 720 (1992), Sup Ct review denied, Retroactive application of amended version of this section violates constitutional proscription against ex post facto laws, because amended version of this section exposes defendant to greater punishment than defendant faced when defendant committed offense. Mastercard, Visa, and debit cards with Visa logo are accepted. Layne, Carla Annette, 46. 198 0 obj <> endobj State v. Martin, 282 Or 583, 580 P2d 536 (1978); State v. Saxon, 131 Or App 662, 886 P2d 505 (1994), Condition requiring probationer to submit to polygraph tests could constitutionally be imposed with no more than general finding of court that it was reasonably necessary to accomplish purpose of probation. If your conviction is not domestic violence related the requirements may differ. Nationwide, as of 2016, there were an estimated 4,537,100 adults under community supervision (probation or parole). A client must have completed at least one year of supervision to be eligible for early termination. One may also be placed on post-prison supervision following revocation of felony probation and a period of incarceration in a local jail. endstream endobj 199 0 obj <>/Metadata 14 0 R/Pages 196 0 R/StructTreeRoot 30 0 R/Type/Catalog>> endobj 200 0 obj <>/MediaBox[0 0 612 792]/Parent 196 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 201 0 obj <>stream Fees imposed under this subsection in the circuit court shall be deposited by the clerk of the court in the General Fund. Office: 503-846-3730. (20) Straight jail means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in, OAR 213-005-0006 (Optional Probationary Sentences), ORS 97.981 (Purchase or sale of body parts prohibited), ORS 97.982 (Alteration of document of anatomical gift prohibited), OAR 213-018-0070 (Supplying Contraband (ORS 162.185)), ORS 163.095 (Aggravated murder defined), ORS 163.115 (Murder in the second degree), ORS 163.118 (Manslaughter in the first degree), ORS 163.125 (Manslaughter in the second degree), ORS 163.145 (Criminally negligent homicide), ORS 163.149 (Aggravated vehicular homicide), ORS 163.160 (Assault in the fourth degree), ORS 163.165 (Assault in the third degree), ORS 163.175 (Assault in the second degree), ORS 163.185 (Assault in the first degree), ORS 163.192 (Endangering a person protected by a Family Abuse Prevention Act restraining order), ORS 163.196 (Aggravated driving while suspended or revoked), ORS 163.205 (Criminal mistreatment in the first degree), ORS 163.208 (Assaulting a public safety officer), ORS 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree), ORS 163.225 (Kidnapping in the second degree), ORS 163.235 (Kidnapping in the first degree), ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), ORS 163.264 (Subjecting another person to involuntary servitude in the first degree), OAR 213-018-0035 (Coercion (ORS 163.275)), ORS 163.395 (Sodomy in the second degree), ORS 163.408 (Unlawful sexual penetration in the second degree), ORS 163.411 (Unlawful sexual penetration in the first degree), ORS 163.413 (Purchasing sex with a minor), ORS 163.425 (Sexual abuse in the second degree), ORS 163.427 (Sexual abuse in the first degree), ORS 163.432 (Online sexual corruption of a child in the second degree), ORS 163.433 (Online sexual corruption of a child in the first degree), ORS 163.452 (Custodial sexual misconduct in the first degree), ORS 163.472 (Unlawful dissemination of an intimate image), ORS 163.479 (Unlawful contact with a child), ORS 163.537 (Buying or selling a person under 18 years of age), ORS 163.547 (Child neglect in the first degree), ORS 163.670 (Using child in display of sexually explicit conduct), ORS 163.684 (Encouraging child sexual abuse in the first degree), ORS 163.686 (Encouraging child sexual abuse in the second degree), ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), ORS 163.701 (Invasion of personal privacy in the first degree), ORS 163.750 (Violating a courts stalking protective order), OAR 213-018-0075 (Extortion (ORS 164.075)), ORS 164.225 (Burglary in the first degree), OAR 213-018-0025 (Burglary I (ORS 164.225)), ORS 164.342 (Arson incident to the manufacture of a controlled substance in the first degree), ORS 164.395 (Robbery in the third degree), ORS 164.405 (Robbery in the second degree), ORS 164.415 (Robbery in the first degree), ORS 166.087 (Abuse of corpse in the first degree), ORS 166.165 (Bias crime in the first degree), ORS 166.275 (Possession of weapons by inmates of institutions), ORS 166.385 (Possession of hoax destructive device), ORS 166.643 (Unlawful possession of body armor), OAR 213-018-0090 (Unlawful Possession of Soft Body Armor (ORS 166.643)), ORS 167.320 (Animal abuse in the first degree), ORS 167.322 (Aggravated animal abuse in the first degree), ORS 475.908 (Causing another person to ingest a controlled substance), OAR 213-019-0007 (Crime Category 9 Controlled Substance and Aggravated Drug Offenses), ORS 475.910 (Application of controlled substance to the body of another person), ORS 475B.359 (Arson incident to manufacture of cannabinoid extract in first degree), ORS 475B.371 (Administration to another person under 18 years of age), ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405), ORS 811.705 (Failure to perform duties of driver to injured persons), ORS 813.010 (Driving under the influence of intoxicants), OAR 213-004-0009 (Prior ORS 813.010 (DUII) Convictions), ORS 830.475 (Duties of operators and witnesses at accidents), ORS 837.365 (Weaponized unmanned aircraft systems), ORS 163.195 (Recklessly endangering another person), ORS 163.200 (Criminal mistreatment in the second degree), ORS 163.212 (Unlawful use of an electrical stun gun, tear gas or mace in the second degree), ORS 163.415 (Sexual abuse in the third degree), ORS 163.454 (Custodial sexual misconduct in the second degree), ORS 163.476 (Unlawfully being in a location where children regularly congregate), ORS 163.545 (Child neglect in the second degree), ORS 163.575 (Endangering the welfare of a minor), ORS 163.687 (Encouraging child sexual abuse in the third degree), ORS 163.700 (Invasion of personal privacy in the second degree), ORS 163.709 (Unlawful directing of light from a laser pointer), ORS 165.572 (Interference with making a report), ORS 166.155 (Bias crime in the second degree), ORS 837.374 (Reckless interference with aircraft), OAR 213-005-0002 (Term of Post-Prison Community Supervision), [ED. When will I be allowed to have contact with a victim? (how to identify a Oregon.gov website) A .gov website belongs to an official government organization in the UnitedStates. It is important to keep the court advised of your current mailing address and phone number If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. Oregon Oregon Criminal Justice Commission Rule 213-003-0001 Definitions As used in these rules: (1) Bench probation means a probationary sentence, which 163.411 (Unlawful sexual penetration in the first degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree). State v. Altman, 97 Or App 462, 777 P2d 969 (1989); State v. Guzman, 164 Or App 90, 990 P2d 370 (1999), Sup Ct review denied, Court did not err in assessing, as condition of probation, $250 rather than $90 for reimbursement of court-appointed attorney fees since only evidence regarding what state would pay for defendant's representation was his counsel's $250 calculation during sentencing. Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes. State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Where, as condition of probation, defendant was required to take Antabuse but order did not make condition subject to medical approval as required by this section and orders concerning urine, blood and breath tests and polygraph tests did not list terms and limitations required by this section, remand for resentencing was required. Failure to comply with the conditions of bench probation may result in a warrant for your arrest. Information on how to get Oregon identification can be found on DMVs website. Learn (2) (a) Subject to OAR 213-003-0001 (Definitions) (8) and paragraph (e) of this section, the sentencing judge may without departure impose a duration of bench State v. Foltz, 14 Or App 582, 513 P2d 1208 (1973), Sup Ct review denied, The "aggrieved party" status is limited to the owner of the automobile damaged. An optional probationary sentence is not a dispositional departure. https://oregon.public.law/rules/oar_213-005-0008. Join thousands of people who receive monthly site updates. State v. Wanrow, 30 Or App 75, 566 P2d 533 (1977), In trial of defendant convicted of theft and resale of $18,000 antique auto, court order requiring restitution of $18,000 within ninety days as condition of probation did not set forth so short a repayment period as to make condition impossible, was not inconsistent with court's prior finding that defendant was indigent for purposes of appointment of counsel, and was not abuse of discretion. If you violate the rules and are found in violation of probation, you can actually face a similar to worse penalty than you received on the underlying criminal charge. I do not have an assigned PO. The bench warrant mentioned in ORS 137.050 may issue to one or more counties of the state and may be served in the same manner as any other warrant of arrest issued by a magistrate. (4) Department means the Department of Corrections. WebOregon has two types of probation: formal and informal. Original Source: State v. Gulley, 324 Or 57, 921 P2d 396 (1996), Probation officer has "reasonable grounds" to search if possessing information that causes officer to believe probationer is violating condition of probation and that search of probationer's person, residence, vehicle or property would disclose evidence of violation. A lock icon ( ) or https:// means youve safely connected to the .gov website. Pay supervision fee, fines, restitution, or other fees ordered by the Court. State v. Wold, 105 Or App 158, 803 P2d 782 (1991); State v. Armstrong, 106 Or App 486, 808 P2d 109 (1991); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), In exercising discretion under this section, court may not exceed sentence defined by other statute. You will remain under the jurisdiction of the Court for the length of probation. Most people facing conviction of a crime in Oregon are worried about jail. 0 Salem, OR 97302. Only share sensitive information on official, secure websites. A .gov website belongs to an official government organization in the UnitedStates. In addition, 6. endstream endobj startxref State v. Culbertson, 29 Or App 363, 563 P2d 1224 (1977), Condition of probation, requiring defendant convicted of criminally negligent homicide to pay $7,100 to victim's estate, was improper absent evidence that such sum constituted reparation or reimbursement for liquidated or easily measurable damages actually resulting from the offense. Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. WebNotwithstanding ORS 137.540 (Conditions of probation), if a person who holds a registry identification card is sentenced to probation, supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the court would impose Telephone: Credit card only. Call 503-846-8888 and follow the instructions. It has known security flaws and may not display all features of this and other websites. (a) If the person is released on probation following conviction of a sex crime, as defined in Clients are encouraged to discuss the possibility of early termination with their Probation Officers. Failure to get permission prior to leaving the state will be considered a violation of supervision. (8) Durational departure means a sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation. Change neither employment nor residence without prior permission from the Court. The contact form below is subject to our Terms of Service. WebCommunity Corrections Probation and Parole Services Probation and Parole Supervision FAQ FAQs of probation and parole supervision. (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.525 (6). Its bench probation. WebCommunity Corrections, with a staff of seven parole and probation officers, supervises adult criminal offenders sentenced to probation by a court or released to post-prison supervision from a correctional facility. There is no guarantee the transfer will be approved. That means no person-to-person contact, no telephone contact which includes leaving messages, no texting, e-mailing or letter writing. FAQs of probation and parole supervision. Community Corrections can be used as an alternative or enhancement to incarceration. How you know Failure to comply with the Conditions of Probation, may result in a warrant for 1. State v. Schwab, 95 Or App 593, 771 P2d 277 (1989); State v. Guzman, 164 Or App 90, 990 P2d 370 (1999), Sup Ct review denied, Where defendant pleaded guilty to rape in second degree of girl under age 14, probation condition that defendant not be present in any private residence or vehicle with child under age 18 was proper for protection of public. "oS+%;;oa)iXS &@I& (&#f2:4#Ia}M%{XYT!yPVD>[igMM&dQs.u._\e.$7ByWq\Le%3*&r'Lk]j5[`b4pgH|@cp1> YQ5H=Fsz-xzcwHxM/mC7U=j>mw~Wlwa;8tc1LRW_t2y}z&x>``R?[&L2$c@FZ2Yk<9^\lm3%MpSVa/ d;m@d4Qitd}9!6Z=%6Ill2! If more than one offense of conviction is classified in the same crime category, the sentencing judge shall designate which offense is the primary offense. State v. Harding, 116 Or App 29, 840 P2d 113 (1992), Sup Ct review denied, This statute reflects legislative policy that trial courts should have maximum flexibility to determine conditions of probation and modify those conditions "at any time." In either case, a Probation Officer monitors conditions imposed by the Oregon Board of Parole and Post-Prison Supervision. WebBoards, Commissions & Advisory Groups. If the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. If the office is closed, you must report back to the office in person on the next business day. A lock icon ( ) or https:// means youve safely connected to the .gov website. Union County Community Corrections Travis Miller, Director 1007 Fourth Street, Suite 2C, La Grande, OR 97850 541-963-1005 Fax: 541-963-1069 entrepreneurship, were lowering the cost of legal services and Only share sensitive information on official, secure websites. 12. Formal probation is most commonly known as supervised probation. Only share sensitive information on official, secure websites. Report as required and abide by the direction of the supervising officer. Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). ]. Zavalas v. Dept. State v. Getsinger, 27 Or App 339, 556 P2d 147 (1976), "Restitution" means return of sum of money, object or value of object which defendant wrongfully obtained in course of committing crime. Web213-003-0001 Definitions As used in these rules: (1) "Bench probation" means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. I just finished my court mandated treatment which included weekly UAs. This petition is for charges other than DUII. An Oregon couple fired dozens of shots into a fleeing elk herd, leaving five of the animals to rot, according to officials. Posted on Oct 26, 2009. WebBench warrant meeting requirements of ORS 137.060 is sufficient for purposes of this section. Prefer to only list questions, and clicking (10) Grid block means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offenders criminal history classification. of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Court has no authority to impose jail sentence as condition of probation for misdemeanor offense committed after November 1, 1989. State v. Kreitzer, 85 Or App 151, 735 P2d 1274 (1987), Trial court had statutory authority to increase DUII defendant's jail time by modifying conditions of probation although defendant had not violated terms of probation. However, a good general rule whenever you are dealing with government officials who work in law enforcement is to either communicate with them in writing (so that theres a record of exactly what was said), or to take very detailed notes of exactly when you spoke with them and what information was conveyed. Learn how. David H. Ravia, 69, from Dayton, and Caleb L. Richmond, 48, from McMinnville, guided out-of-state hunters in Hells Canyon But probation should often be a greater concern. )#qj(5,L1pFmjxz7i"|3 m#J"[GZG&:CXH%('p#(dVwX?Oe S*jj&a7+`yco!0F4J] t vFI?F+aUI%SJOU=o/cjR\M$~&s\l`;hNd-w! How you know 5. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), "Reparation" encompasses only reimbursement for victim's liquidated or easily measurable damages resulting from charged offense, embracing medical expenses, wages actually lost, and reimbursement for easily measurable property damage. WebAdditional Statutory Conditions of Probation found in ORS 137.540 and Enhanced Bench Probation conditions also apply to your probation. 150 N. First Avenue, Ste 200, MS 46. Any evaluation, counseling, or testing ordered by the Court will be at your own expense. (19) Supervisory authority means the state and local corrections agency or official designated in each county by that countys Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: The probation officer in the proposed county will investigate your residence to determine if it is appropriate. Promptly and truthfully answer all reasonable inquiries by the probation officer or the Court. Specific condition prohibiting entry into marriage without court permission was valid. WebEarly Termination of Supervision In appropriate cases, the Court may terminate supervision early. She did her community service and whatnot (bench probation). The proposed county must agree before you will be allowed to transfer. WebBoards, Commissions & Advisory Groups. How do I contact the Oregon Department of Revenue? Informal probation is referred to as "bench" or "court" "YvD VFRDx!5$Z Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars and Live Stream Proceedings. (17) Primary offense means the offense of conviction with the highest crime seriousness ranking. Neighborhood Association Committees (NACs) South Beaverton NAC. If you need help with your probation, contact us to schedule a consultation at a reasonable cost. WebProbation in which a defendant's compliance with court ordered conditions of probation are monitored by a monitoring agency (this is not classified as supervised probation). You could be sentenced to the maximum term in jail if you fail to comply with your probation. Do not use or possess controlled substances except pursuant to a medical prescription. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. Obey all laws, municipal, county, state and federal. If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. Submit to testing of breath or urine for controlled substance or alcohol, if the probationer has a history of substance abuse or if there are reasonable suspicions that the probationer has illegally used controlled substances. Hey all! Zavalas v. Dept. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ) For questions or to provide information on offenders, feel free to call us at (541) 963-1005. https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-003-0001 That way, if the Court needs to contact you, there will be no problems. The following documents pertain to Driving Under the Influence of Intoxicants program as prescribed by law: The court provides this packet of instructions and documents for parties who desire to file a Pro Se Motion with the court. If you are being supervised in Washington County and move to another county you may be able to have your supervision transferred. However, there is a fine warrant for a little over $360 for restitution. Its bench probation. https://oregon.public.law/rules/oar_213-003-0001. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). 26, 2021). 8, 2021). (last accessed Jun. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. WebAddress: 63333 Hwy 20 West, Bend, Oregon 97703 Phone: 541-388-6661 Deschutes County DUI Monitored Probation If you are placed on probation for a Deschutes County DUI conviction, youll start probation or monitoring in Deschutes County. Through social Skip Navigation. WebA private person making a citizens arrest The procedure followed when making arrests Oregon Statutes 133.235 states that when acting under a warrant, a peace officer can apprehend the accused at any time of the day or night and from any place within the acting jurisdiction of the law enforcement agent. (11) Juvenile adjudication means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony. endstream endobj 203 0 obj <>stream Web137.070 Counties to which bench warrant may issue; service. If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. If you have been State v. Fisher, 32 Or App 465, 547 P2d 354 (1978), Sup Ct review denied, Condition of probation, requiring defendant to make restitution for items which she was not convicted of taking and had not admitted taking, was improper. Grno, Jessica Celia, 25. (5) Departure means a sentence, except an optional probationary sentence, which is inconsistent with the presumptive sentence for an offender. Failure to report, obey court orders or rules and regulations of Intake Officer will result in your case being returned to the Court for further action and possibly a warrant for your arrest. 2. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. to find out whether the Judge would consider a modification of the original judgment of conviction; so that the period of bench probation is shortened Very common. Community Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars and Live Stream Proceedings. Obey all municipal, county, state, and federal laws. If you have been convicted of a domestic violence crime you will first be required to complete at least twelve weeks of treatment and have the recommendation of your treatment provider and probation officer.. But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465 or the equivalent city ordinance, the provision of ORS 137.540(1)(m) applies as a condition of probation. Most all defendants convicted of a misdemeanor or felony conviction in Oregon are placed on some form of probation. hb```/ ea`8ci5 "o]!FFp10@` WebIf you have been placed on bench probation you must contact Washington County Community Corrections to sign up for a group intake to get a referral. (how to identify a Oregon.gov website) Of a crime in Oregon is a function of state government operated in partnership with local, county-operated Corrections! 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