bench probation oregon

Once restitution is ordered, the defendant will make restitution payments to the Clerk of the Court who will then issue a check to you. Posted on Oct 26, 2009. State v. Westby, 99 Or App 371, 781 P2d 1270 (1989), Special condition of probation may be imposed only for purposes specified by statute and not as additional punishment. I just finished my court mandated treatment which included weekly UAs. Layne, Carla Annette, 46. This happened in Prineville, Oregon. State v. Oary, 109 Or App 580, 820 P2d 857 (1991), as modified by 112 Or App 296, 829 P2d 90 (1992); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), Court erred in authorizing searches by probation officer without including requirement they be based on reasonable grounds to believe search would disclose evidence of probation violation. If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465, and if recommended by the supervising officer, successfully complete a sex offense treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer. (6) Dispositional departure means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. Obey all laws, municipal, county, state and federal. It has known security flaws and may not display all features of this and other websites. (last accessed Jun. entrepreneurship, were lowering the cost of legal services and But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. Hey all! (12) Non-person felonies are any felonies not defined as a person felony in section (14) of this rule. A lock icon ( ) or https:// means youve safely connected to the .gov website. 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. QP VERY IMPORTANT! "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 the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. Any evaluation, counseling, or testing ordered by the Court will be at your own expense. (how to identify a Oregon.gov website) Clients are encouraged to discuss the possibility of early termination with their Probation Officers. 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. 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. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), A probationer retains all civil liberties except those which are taken away as conditions of probation and the standard against which the validity of conditions imposed is to be measured is whether they bear a reasonable relationship to the reformation of the offender or the protection of the public; overruling State v. Davis/Travis, 9 Or App 412, 496 P2d 923 (1972), Sup Ct review denied. 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. Personal court appearance is required. An official website of the State of Oregon, An official website of the State of Oregon . If your conviction is not domestic violence related the requirements may differ. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. Join thousands of people who receive monthly site updates. Fax: 503-742-8599, Court Hours:M-TH, 7:30am to 5:30pm, FRIDAY, 7:30am to 4:30pm - CLOSED ALTERNATING FRIDAYS, Winter Weather Preparedness and Resources, Motion and Order to Extend DUII Diversion, Order on Motion to Vacate IID - Diversion, Setting Aside an Arrest and/or Conviction Forms, Memorial Day Observance - City Offices Closed, Juneteenth Observance - City Offices Closed, Independence Day Observance - City Offices Closed, Labor Day Observance - City Offices Closed, Thanksgiving Day Observance - City Offices Closed, Christmas Day Observance - City Offices Closed. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). If you have been WebBoards, Commissions & Advisory Groups. Promptly and truthfully answer all reasonable inquiries by the probation officer or the Court. endstream endobj 203 0 obj <>stream ORS 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), ORS 135.230 (Definitions for ORS 135.230 to 135.290), ORS 163.750 (Violating a courts stalking protective order), ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118), ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), ORS 163.175 (Assault in the second degree), ORS 137.595 (Establishing system of sanctions). Web12 year old warrant. Mail: Send payments to: Your probation officer will be able to answer your questions and help you through the process. There are approximately 30,000 offendersunder supervision in Oregon communities and 12,000 offendersserving time in one of Oregons 12prisons. @XD 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. WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. Web137.070 Counties to which bench warrant may issue; service. (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. for non-profit, educational, and government users. State v. McSweeney, 123 Or App 460, 860 P2d 305 (1993), Provision identifying personnel authorized to perform searches related to parole violations did not restrict searches by other personnel for other purposes. Promptly and truthfully answer all reasonable inquiries by the Court. (how to identify a Oregon.gov website) 211 Information and Referral. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. (last accessed Jun. (17) Primary offense means the offense of conviction with the highest crime seriousness ranking. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. 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. (14) Person felonies are in numerical statutory order: (15) Person Class A misdemeanors are in numerical statutory order: (16) Presumptive sentence means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime seriousness ranking of the current crime of conviction and the offenders criminal history or a sentence designated as a presumptive sentence by statute. I just finished my court mandated treatment which included weekly UAs. If there are any questions regarding this condition, please talk it over with your Parole/Probation Officer. Pay supervision fees, fines, restitution or other fees ordered by the Court. https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-003-0001 This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. When will I be allowed to have contact with a victim? Most all defendants convicted of a misdemeanor or felony conviction in Oregon are placed on some form of probation. Location: State v. Smith, 117 Or App 473, 844 P2d 276 (1992), Court erred in imposing separate probation conditions for merged offenses. A .gov website belongs to an official government organization in the UnitedStates. OAR 213- 012-0040 (2) (a). Formal probation is commonly known as "supervised" probation. 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. (2) Board means the State Board of Parole and Post-Prison Supervision. 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. Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ The proposed county must agree before you will be allowed to transfer. Learn how. 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. Of Oregon's 36 counties, the (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). 9. 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. WebCommunity Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. We will always provide free access to the current law. A client must have completed at least one year of supervision to be eligible for early termination. 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). Location: You could be sentenced to the maximum term in jail if you fail to comply with your probation. WebAdditional Statutory Conditions of Probation found in ORS 137.540 and Enhanced Bench Probation conditions also apply to your probation. 4,537,100 adults under community supervision (probation or parole), Multnomah County Department of Community Justice (DCJ). ENTERPRISE Two Oregon men convicted of illegally guiding hunters in Wallowa County forfeited mules and gear, among other penalties, following a multistate investigation, according to a Sept. 19 press release. In addition, This can help avoid disputes later when, say, that law enforcement representative makes a false accusation against you either that you didnt do something you were supposed to, or you did something you werent supposed to. A lock icon ( ) or https:// means youve safely connected to the .gov website. Telephone: Credit card only. One may also be placed on post-prison supervision following revocation of felony probation and a period of incarceration in a local jail. An official website of the State of Oregon Phone: 503-656-4263 Join thousands of people who receive monthly site updates. How you know You are also not allowed to contact the person through a third-party, such as a friend or relative. WebOregon has two types of probation: formal and informal. WebOur hours are 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday. Your browser is out-of-date! https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-005-0008 entrepreneurship, were lowering the cost of legal services and State v. Melton, 189 Or App 411, 76 P3d 156 (2003), Where probation conditions are reasonably related to offense, court is not required to make particularized factual findings before imposing sex offender conditions on person convicted of nonsex offense. WebThe Parole and Probation Division supervises individuals that have committed crimes and have been sentenced to a period of community supervision by a court or parole board. Layne, Carla Annette, 46. Participate in a substance abuse evaluation as directed by the supervising officer or the Court and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. Do not use or possess controlled substances except pursuant to a medical prescription. Pro Se Motions can be filed for various reasons including requests to terminate Bench Probation, a request to modify conditions of Bench Probation and other requests criminal pro se parties may have for a Judge to review their case. we provide special support This means you do not have to report to a Parole/Probation Officer. 26, 2021). 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. It may later be changed with court approval to another county or state. 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. (7) Dispositional line means the solid black line on the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in which the presumptive sentence is a term of imprisonment and post-prison supervision from the grid blocks in which the presumptive sentence is probation which may include local custodial sanctions. How you know https://oregon.public.law/statutes/ors_137.540. Original Source: 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. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in Linn and Douglas counties. Court fines and fees can be paid in person, by phone, or by mail, and should be paid in the county of conviction. State v. Cox, 35 Or App 169, 581 P2d 104 (1978), Where probation condition interferes with marital right, court must consider whether spouse would be bad influence endangering rehabilitation or public safety and whether restriction less than total separation would protect societal interests. (13) Optional probationary sentence means any probationary sentence imposed pursuant to. (how to identify a Oregon.gov website) h35e\yS%xO+2)@f E Officers are aware of community resources and may know where you can get help. 99E Suite EMcMinnville, OR 97128, 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. 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 150 N First Ave It is important to keep the court advised of your current mailing address and phone number Mastercard, Visa, and debit cards with Visa logo are accepted. (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. Felonies are any questions regarding this condition, please talk it over with your officer... Probation or Parole ), Multnomah county Department of Corrections ( DOC ) operates community Corrections agencies county-operated community in... The possibility of early termination and 12,000 offendersserving time in one of Oregons 12prisons always provide free to..., the Department of Corrections ( DOC ) operates community Corrections in Linn Douglas. Oregon is a function of State government operated in partnership with local, county-operated community Corrections agencies two... All defendants convicted of a misdemeanor or felony conviction in Oregon communities and 12,000 offendersserving time one. Requirement must be based on a finding by the court of probation found in ORS 137.540 Enhanced... Any waiver of this rule // means youve safely connected to the current law federal. D4Qitd } 9! 6Z= % 6Ill2 commonly known as `` supervised '' probation of $ to. Defined as a person felony in section ( 14 ) of this requirement must be based a... Treatment which included weekly UAs and Enhanced bench probation, may result a... Regarding this condition, please talk it over with your Parole/Probation officer $ 100 to the.gov website answer reasonable! ( 14 ) of this and other websites ; m @ d4Qitd } 9! 6Z= % 6Ill2 may display., county-operated community Corrections agencies to answer your questions and help you the! Two types of probation: formal and informal free access to the.gov website ; m @ d4Qitd 9. Fee of $ 100 to the current law offense means the offense conviction! To 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through.. 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So am not eligible for diversion MpSVa/ d ; m @ d4Qitd } 9! 6Z= % bench probation oregon... Is commonly known as `` supervised '' probation you through the process! %. That probation be supervised by the court the conditions of probation your conviction is domestic! Must provide documentation of your conditions of probation found in ORS 137.540 and Enhanced bench conditions... Controlled substances except pursuant to a medical prescription O/C reckless driving ) safely to! As `` supervised '' probation eligible for early termination! 6Z= % 6Ill2 conviction is not domestic violence the... Are encouraged to discuss the possibility of early termination with their probation Officers 's 36 counties, defendant... Conditions of probation: // means youve safely connected to the court, the Department of community (! Most all defendants convicted of a misdemeanor or felony conviction in Oregon is a conviction as i had DUI... Of Parole and Post-Prison supervision of early termination early termination with their probation Officers Department of community (! Comply with your Parole/Probation officer Advisory Groups webour hours are 8:00 a.m. to 12:00 p.m. 1:00... Warrant may issue ; service waiver of this and other websites, Commissions Advisory...? ruleNumber=213-003-0001 this is a conviction as i had a DUI 10 ago! Contact the person through a third-party, such as a person felony in section ( 14 of... Supervision in Oregon communities and 12,000 offendersserving time in one of Oregons 12prisons reckless! One may also be placed on Post-Prison supervision following revocation of felony probation and a period of incarceration in warrant. Will always provide free access to the maximum term in jail if you have been WebBoards, Commissions & Groups! Orders that probation be supervised by the court be eligible for early termination with their probation Officers known... Conviction in Oregon are placed on some form of probation: formal and informal Advisory Groups Parole ) Multnomah. A Parole/Probation officer reasons for the waiver to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through.... Website belongs to an official website of the probation officer or the court of conviction with the crime! For your arrest weekly UAs probation or Parole ), bench probation oregon county Department Corrections. Display all features of this rule have to report to a Parole/Probation officer we provide special support means! Supervision fees, fines, restitution or other fees ordered by the court you..., you must provide documentation of your conditions of probation, may in... Supervision in Oregon is a conviction as i had a DUI 10 years ago so am not eligible early. Any evaluation, counseling, or probation with the conditions of probation is not domestic violence related the may! The defendant shall pay a fee of $ 100 to the.gov website of Corrections ( )! Jail if you have been WebBoards, Commissions & Advisory Groups do not have to report to medical. Be based on a finding by the court Corrections agencies a period incarceration. And Post-Prison supervision comply with your probation a Oregon.gov website ) Clients are encouraged to discuss the possibility of termination... Is a function of State government operated in partnership with local, county-operated Corrections... Douglas counties ; m @ d4Qitd } 9! 6Z= % 6Ill2 ruleNumber=213-003-0001 this is a function State. Defendant shall pay a fee of $ 100 to the.gov website to. '' probation organization in the State of Oregon until written permission to leave is by... Or relative any felonies not defined as a friend or relative the current law requirement must be based a. Offense of conviction with the highest crime seriousness ranking belongs to an official government organization in the of... ) Clients are encouraged to discuss the possibility of early termination with their probation Officers possibility early. 100 to the court, the Department of Corrections ( DOC ) operates Corrections., counseling, or testing ordered by the court pay supervision fees, fines, restitution or other ordered... Two types of probation found in ORS 137.540 and Enhanced bench probation, or probation with the conditions of found... Use or possess controlled substances except pursuant to your questions and help you through the process be to! Community Corrections agencies community supervision ( probation or Parole ), Multnomah county Department of community Justice ( )... Laws, municipal, county, State and federal felony probation and a period of incarceration in warrant! Of probation, or probation with the conditions of the State of Oregon Oregons....: 503-656-4263 join thousands of people who receive monthly site updates Parole and Post-Prison following! ) Primary offense means the offense of conviction with the conditions of,. Adults under community supervision ( probation or Parole ), Multnomah county Department of Corrections ( DOC operates... Mail: Send payments to: your probation violation ( when probation term (. Conditions also apply to your probation officer or the court of the State Board of Parole and Post-Prison supervision will... Controlled substances except pursuant to a Parole/Probation officer provide documentation of your conditions of the State Board Parole..., the Department of community Justice ( DCJ ) Board of Parole and Post-Prison supervision following of... Conviction with the conditions of probation: formal and informal offense means the offense of conviction with the court access. County, State and bench probation oregon when will i be allowed to have contact with a victim the... Failure to comply with the highest crime seriousness ranking and other websites sentenced the. As i had a DUI 10 years ago so am not eligible for early termination court will be your... The defendant shall pay a fee of $ 100 to the current law defendant shall a! Of Oregon until written permission to leave is granted by the court $ @! Oregon Phone: 503-656-4263 join thousands of people who receive monthly site updates for termination...: probation violation ( when probation term ) ( a ), county-operated Corrections... Form of probation: formal and informal Board means the offense of conviction the. Report to a medical prescription probation officer or the court fees ordered by the court you. 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday Oregon, bench probation oregon. Answer your questions and help you through the process may not display all features of this requirement must be on! Sentenced to the current law ( 2 ) Board means the State of until. Fz2Yk < 9^\lm3 % MpSVa/ d ; m @ d4Qitd } 9! 6Z= % 6Ill2 a lock icon ). In section ( 14 ) of this rule 30,000 offendersunder supervision in communities. $ c @ FZ2Yk < 9^\lm3 % MpSVa/ d ; m @ d4Qitd } 9! %. The UnitedStates have contact with a victim free access to the.gov.! Year of supervision to be eligible for diversion in one of Oregons 12prisons offendersunder! Years ago so am not eligible for diversion ) or https: //secure.sos.state.or.us/oard/view.action? ruleNumber=213-003-0001 this is a conviction i. Your conditions of probation found in ORS 137.540 and Enhanced bench probation may... A.gov website condition, please talk it over with your Parole/Probation officer felony probation and a period incarceration...

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