Or. Admin. R. 213-005-0006 - Optional Probationary Sentences

(1) If an offense is classified in grid blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional probationary sentence upon making the specific findings on the record:

(a) An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism;

(b) The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and

(c) The probationary sentence will serve community interests by promoting offender reformation.

(2) The sentencing judge shall not impose an optional probationary sentence if:

(a) A firearm was used in the commission of the offense; or

(b) At the time of the offense, the offender was under correctional supervision status for a felony conviction or a juvenile adjudication as defined in OAR 213-003-0001(11); or

(c) The offender's conviction is for Manufacture of a Controlled Substance involving substantial quantities of methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS 475.996(1)(a).

(3) A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.

Notes

Or. Admin. R. 213-005-0006

SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 2-1995, f. & cert. ef. 11-2-95; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0006; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669& 2001 OL Ch. 804 (HB 2420)