Oregon Statutes 475.930 – Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925
(1) When a court sentences a person under ORS § 164.061, 475.907, 475.924 and 475.925:
Terms Used In Oregon Statutes 475.930
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
(a) The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in:
(A) ORS § 475.925 (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.
(B) ORS § 475.907 (1) and 475.925 (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.
(C) ORS § 164.061 shall be determined utilizing crime category 8 of the sentencing guidelines grid.
(b)(A) Notwithstanding ORS § 161.605, the court shall impose the sentence described in ORS § 164.061, 475.907, 475.924 and 475.925 and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.
(B) The court may impose a sentence other than the sentence described in ORS § 164.061, 475.907, 475.924 and 475.925 if the court imposes a longer term of incarceration that is otherwise required or authorized by law.
(2) A person sentenced under ORS § 164.061, 475.907, 475.924 and 475.925 may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed. [2008 c.14 § 11]
475.930 was enacted into law but was not added to or made a part of ORS Chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
[2009 c.660 § 10; repealed by 2013 c.649 § 9]