That means no person-to-person contact, no telephone contact which includes leaving messages, no texting, e-mailing or letter writing. Based on many different factors, some offenders are given a community-based sentence, without having to serve time in a correctional facility; this is commonly known as. Remain in the State of Oregon until written permission to leave is granted by Adult Community Justice or a county community corrections agency. Your browser is out-of-date! Learn I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. h35e\yS%xO+2)@f E WebBoards, Commissions & Advisory Groups. We will always provide free access to the current law. If the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. You will remain under the jurisdiction of the Court for the length of probation. Do not use or possess controlled substances except pursuant to a medical prescription. Its bench probation. The judge will appoint an attorney if you qualify financially. Only share sensitive information on official, secure websites. 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. This means you do not have to report to a Parole/Probation Officer. You can also use this form to update your address State v. Wilson 105 Or App 20, 803 P2d 769 (1990), Condition of probation requiring confinement for conviction of misdemeanor was impermissible. Zavalas v. Dept. (last accessed Jun. WebYour judge gave you instructions to IMMEDIATELY schedule Victims Panel; to report to the DUII Evaluators within 25 days; to schedule your jail time (if any); and to start paying a 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. WebCall (541) 385-3246 for more information. WebOregon has two types of probation: formal and informal. (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. State v. Crocker, 96 Or App 111, 771 P2d 1026 (1989), Where trial court imposed as condition of probation that defendant build entire new fence, record that shows cattle strayed through hole in fence not sufficient to support condition of probation that defendant build entire new fence. Web291-019-0100Authority, Purpose, and Policy. State v. Gilkey, 111 Or App 303, 826 P2d 69 (1992), Evidence that defendant's codefendant and boyfriend was involved in methamphetamine manufacturing and trafficking and that he had recently been shot in narcotics related incident was sufficient to sustain trial court's imposition as condition of probation that defendant refrain from associating with him. of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Discretionary immunity under ORS 30.265 does not protect probation officer from liability for exercising reporting duties. How do I transfer my supervision to another County? If there are any questions regarding this condition, please talk it over with your Parole/Probation Officer. 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. 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). There is no law requiring courts to impose one type of probation over the other. WebBoards, Commissions & Advisory Groups. 211 Information and Referral. 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. ]. Information on how to get Oregon identification can be found on DMVs website. 4. 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. A .gov website belongs to an official government organization in the UnitedStates. 9. Community Corrections activities include supervision, community-based sanctions, and services directed at offenders who have committed felony and certain misdemeanor crimes and have been placed under community supervision by the courts. for non-profit, educational, and government users. WebHow to Obtain a DUII Treatment Completion Certificate Oregon Residents: Residents of Other States: How to Submit Forms: Questions? HSKO1&2>xn"``)(R6fGgN*F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW%A[^. Your Probation Officer may be able to provide verification of your social security number and address. 11. 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. Your probation officer will be able to answer your questions and help you through the process. 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. State v. Robertson, 113 Or App 467, 833 P2d 326 (1992), Board of Parole erred in imposing parole condition that prohibited petitioner from entering or residing in named county because restriction was broader than necessary to accomplish purpose of protecting victim or other potential victims. (how to identify a Oregon.gov website) (2) "Board" means the State Board of Parole and Post-Prison Supervision. WebPursuant to Oregon Revised Statute 133.865(2), Persons on probation, parole, or post-prison in this state who make request to transfer to another state pursuant to the compact shall (17) Primary offense means the offense of conviction with the highest crime seriousness ranking. 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. NOTE: To view attachments referenced in rule text, click here to view rule. Location: [Amended by 1973 c.836 258] 137.071 Requirements for judgment documents. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. A .gov website belongs to an official government organization in the UnitedStates. for non-profit, educational, and government users. (12) Non-person felonies are any felonies not defined as a person felony in section (14) of this rule. State v. Kacin, 237 Or App 66, 240 P3d 1099 (2010), 10 WLJ 196 (1974); 55 OLR 101 (1976); 24 WLR 1159 (1988). When you are on bench probation, all special conditions, including the payment of court fees, need to be completed no later than 90 days prior to the end of the probation period. 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. (Marion County?) 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. 198 0 obj <> endobj Original Source: If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. 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. How do I contact the Oregon Department of Revenue? General Conditions: Post-Prison Supervision (PPS) Special Conditions: Post-Prison Supervision Sex Offender Package (PPS) Phone: 503-655-8603 Fax: 503-650-8942 A lock icon ( ) or https:// means youve safely connected to the .gov website. Rule 213-003-0001 Definitions, WebEarly Termination of Supervision In appropriate cases, the Court may terminate supervision early. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator. WebYou may be eligible for early termination of your probation if you have served at least fifty percent of the probationary term and you have completed all special conditions of your probation. 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. 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. WebClients must abide by general conditions and special conditions if ordered by the Oregon Board of Parole and Post-Prison Supervision or the Local Supervisory Authority. Adult under supervision automatically waives extradition if individual absconds supervision out of State. Nationwide, as of 2016, there were an estimated 4,537,100 adults under community supervision (probation or parole). State v. Tejeda, 111 Or App 201, 826 P2d 25 (1992), Limits placed on defendant's contact with his wife secured public's safety and interfered with his marital rights only to permissible degree. To qualify, an offender must suffer from 1 of the following afflictions: 8. Not possess weapons, firearms or dangerous animals. (6) Dispositional departure means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. A .gov website belongs to an official government organization in the UnitedStates. Telephone: Credit card only. A client must have completed at least one year of supervision to be eligible for early termination. Only share sensitive information on official, secure websites. 10. 1. WebThe general conditions of probation in Oregon are set out in ORS 137.540. entrepreneurship, were lowering the cost of legal services and Skip Navigation. 229 0 obj <>stream You could be sentenced to the maximum term in jail if you fail to comply with your probation. Layne, Carla Annette, 46. Web137.070 Counties to which bench warrant may issue; service. How you know Not use or possess controlled substances except pursuant to a medical prescription. Permit the probation officer to visit the probationer or the probationers residence or work site, and report as required and abide by the direction of the supervising officer. 1. Failure to appear may result in a warrant for your arrest.Out of custody arraignments are Wednesday and Friday at 1:31 p.m. You will first attend an orientation in Room 206 where you will be notified of the charges against you and given an opportunity to apply for court appointed attorney. Washington County buildings will open at 10 a.m. on Wednesday, March 1, due to icy travel conditions throughout the region. Learn how, 1900 NE Hwy. There are approximately 30,000 offendersunder supervision in Oregon communities and 12,000 offendersserving time in one of Oregons 12prisons. Start with your legal issue to find the right lawyer for you. All DUI cases in Oregon from diversions to multiple prior convictions require some form of DUI drug 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. You can also apply for early termination of any term of community control or house arrest if you have served at least fifty percent of your sentence. Note that restitution and compensatory fines cannot be accepted by phone. State v. Maag, 41 Or App 133, 579 P2d 838 (1979), Imposition of probation condition that allowed probation officer to search probationer's person, residence, or property without warrant at any time was invalid where this condition was imposed by probation officer and not by sentencing court. An official website of the State of Oregon . Mastercard, Visa, and debit cards with Visa logo are accepted. Fees imposed in a municipal court under this subsection shall be paid to the city treasurer.). You are also not allowed to contact the person through a third-party, such as a friend or relative. (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 (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. OAR 213- 012-0040 (2) (a). WebDefinitions. The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. Community Service FAQs (PDF 75.5 KB) 150 N. First Avenue, Ste 200, MS 46. Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ Address: 22500 Salamo Road 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. FAQs of probation and parole supervision. 13. In addition, If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. Grno, Jessica Celia, 25. Original Source: You may seek private legal counsel at any time. Zavalas v. Dept. QP The Judge has authority to change (2) Board means the State Board of Parole and Post-Prison Supervision. My sister got into some trouble when she was about 18 years old. Informal probation is referred to as bench probation. An official website of the State of Oregon , Oregon Department of Corrections When you are on bench probation, it is essential that you notify the Court of any change of address. Oregon Oregon Criminal Justice Commission Rule 213-003-0001 Definitions As used in these rules: (1) Bench probation means a probationary sentence, which WebPersons currently on probation and being supervised by the Mental Health Unit of the Multnomah County Department of Community Justice, Probation Department; Persons currently on unsupervised probation (bench probation) referred by the supervising judge. 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. Formal probation is commonly known as "supervised" probation. It is important to keep the court advised of your current mailing address and phone number 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. Campbell, 128 Or App 592, 876 P2d 799 (1994), Probationer's mere acquiescence to search by probation officer can constitute consent where evidence of undue coercion is absent. I do not have an assigned PO. 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. increasing citizen access. Hillsboro, Oregon 97124. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. https://oregon.public.law/statutes/ors_137.540. The no-contact condition is strictly enforced. increasing citizen access. Learn how. Be sure to talk with your officer before you move. An official website of the State of Oregon 8, 2021). Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-005-0008 An official website of the State of Oregon , Union County Bench Probation ClerkEmily Moody541.962.9500 Ext 33, Wallowa County Bench ProbationCassandra Burns541.426.4991. (a) If the person is released on probation following conviction of a sex crime, as defined in The former child actor was accused of strangling a woman in Oregon in October. State v. Stanford, 100 Or App 303, 786 P2d 225 (1990), Although court may prohibit defendant from possessing and owning firearms as condition of probation, court may not confiscate and destroy defendant's firearms under this section. 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. WebCommunity Corrections Probation and Parole Services Probation and Parole Supervision FAQ FAQs of probation and parole supervision. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. Failure to comply with the Conditions of Probation, may result in a warrant for You are ordered to report immediately to the Intake Officer with Clackamas County. Most people facing conviction of a crime in Oregon are worried about jail. But probation should often be a greater concern. Its bench probation. State v. Brown, 122 Or App 632, 857 P2d 915 (1993), Sup Ct review denied, Prohibiting probationer in child endangerment case from residing with spouse if spouse used illegal drugs did not impermissibly interfere with marriage right. increasing citizen access. Call 503-846-8888 and follow the instructions. It is important to keep the court advised of your current mailing address and phone number throughout the probationary period and immediately notify the Court of any change in address. In either case, a Probation Officer monitors conditions imposed by the Oregon Board of Parole and Post-Prison Supervision. Obey all municipal, county, state, and federal laws. Washington County Circuit Court 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. West Linn, OR 97068 However, if the Court does not have your current address, a warrant could be issued for your arrest. Officers are aware of community resources and may know where you can get help. https://oregon.public.law/rules/oar_213-005-0008. Probation & Parole. 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. An official website of the State of Oregon You can request a travel permit directly with your Probation Officer, or submit a request here. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied, Authority of probation officer to conduct home visit does not encompass authority to conduct search. This bienniums report contains the most current data pertaining to adults on supervision in the community including demographics, sanctions and revocations; performance measures; and impacts of Oregons Justice Reinvestment efforts such as Short-Term Transitional Leave expansion, earned discharge, and the Family Sentencing Alternative Pilot Program.