Or. Admin. R. 213-012-0030 - Sentences Imposed Consecutively to a Prior Remaining Sentence

(1) When a sentence is imposed consecutively to a sentence imposed in a prior proceeding, the incarceration term of the new sentence is added to the remaining incarceration term of the prior sentence. If any sentence includes a prison term, the incarceration term of all sentences shall be served in prison.

(2)

(a) Notwithstanding paragraph (1) of this section, if the court imposes a sentence that includes a term of incarceration that exceeds 12 months and the term is to be served consecutively to a term of incarceration of 12 months or less that was imposed in a previous proceeding, the defendant shall serve any remaining part of the previously imposed term of incarceration in the legal and physical custody of the Department.

(b) If the court imposes a felony sentence that includes a term of incarceration that is 12 months or less and the term is to be served consecutively to a term of incarceration that exceeds 12 months that was imposed in a previous proceeding or in the same proceeding, the court shall commit the defendant to the legal and physical custody of the Department.

(3) When a sentence is imposed consecutively to a sentence imposed in a prior proceeding, the supervision term or terms of the new sentence shall be served concurrently with the prior sentence as follows:

(a) If the supervision term of the new sentence is a term of probationary supervision, the supervision shall begin at the date of sentencing.

(b) If the supervision term of the new sentence is a term of post-prison supervision, the supervision term shall begin upon the completion of the incarceration term of the combined sentences, or upon release pursuant to ORS 421.508(3).

(4) Notwithstanding section (2)(b) of this rule, terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department.

Notes

Or. Admin. R. 213-012-0030

SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-012-0030; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 4-2012, f. & cert. ef. 10-16-12

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667-137.669 & 1999 OL Ch. 1011 (HB 2273); 166.070(2)