Oregon Statutes 144.791 – Presentence report in felony conviction cases; when required
(1) When a person is convicted of a felony, including a felony sexual offense, the sentencing court may order a presentence report upon its own motion or upon the request of the district attorney or the defendant.
Terms Used In Oregon Statutes 144.791
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
(2) The sentencing court shall order a presentence report if the defendant is convicted of a felony sexual offense unless:
(a) The defendant, as part of the same prosecution, is convicted of aggravated murder;
(b) The felony sexual offense requires the imposition of a mandatory minimum prison sentence and no departure is sought by the court, district attorney or defendant; or
(c) The felony sexual offense requires imposition of a presumptive prison sentence and no departure is sought by the court, district attorney or defendant.
(3) The Department of Corrections shall:
(a) Require that a presentence report provide an analysis of what disposition is most likely to reduce the offender’s criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody, whether provided by the department or another entity;
(b) Determine what additional information must be included in the presentence report; and
(c) Establish a uniform presentence report form. [1995 c.520 § 4 (enacted in lieu of 144.790); 2005 c.473 § 1]
[1981 c.136 § 2; repealed by 1985 c.503 § 4]
[1985 c.503 § 2; 1987 c.320 § 83; 1989 c.790 § 8b; repealed by 1995 c.520 § 7]