bench probation oregon

Hillsboro, Oregon 97124. State v. Davis, 133 Or App 467, 891 P2d 1373 (1995), Sup Ct review denied, "Reasonable grounds" for probation officer to search requires more than reasonable suspicion but less than probable cause. Court (Bench) Probation A defendant sentenced to probation through the courts is not assigned a probation officer. State v. Melton, 189 Or App 411, 76 P3d 156 (2003), State may separately adjudicate discrete probation violations. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. State v. Haynes, 53 Or App 850, 633 P2d 38 (1981), Sup Ct review denied, Where defendant was convicted on two felony counts for crimes committed while on probation for earlier felony conviction and court continued earlier probation but added new conditions by imposing consecutive county jail terms of imprisonment to be served after prison term for most recent convictions, court could act under authority of this section to modify conditions of probation. %PDF-1.5 % If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. State v. Maag, 41 Or App 133, 579 P2d 838 (1979), Imposition of probation condition that allowed probation officer to search probationer's person, residence, or property without warrant at any time was invalid where this condition was imposed by probation officer and not by sentencing court. State v. Robertson, 113 Or App 467, 833 P2d 326 (1992), Board of Parole erred in imposing parole condition that prohibited petitioner from entering or residing in named county because restriction was broader than necessary to accomplish purpose of protecting victim or other potential victims. The Judge has authority to change But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. State v. Wold, 105 Or App 158, 803 P2d 782 (1991); State v. Armstrong, 106 Or App 486, 808 P2d 109 (1991); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), In exercising discretion under this section, court may not exceed sentence defined by other statute. Call 503-846-8888 and follow the instructions. 13. 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. State v. Wilson 105 Or App 20, 803 P2d 769 (1990), Condition of probation requiring confinement for conviction of misdemeanor was impermissible. WebCall (541) 385-3246 for more information. However, if the Court does not have your current address, a warrant could be issued for your arrest. Layne, Carla Annette, 46. 0 State v. Stockton, 105 Or App 162, 803 P2d 1227 (1991), Department of Corrections, acting through probation officers, is responsible for notifying sentencing court of probation violations. Community Service FAQs (PDF 75.5 KB) www.oregon.gov/DOR/contact/Pages/default.aspx. (4) Department means the Department of Corrections. Web137.070 Counties to which bench warrant may issue; service. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: A .gov website belongs to an official government organization in the UnitedStates. West Linn, OR 97068 of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Discretionary immunity under ORS 30.265 does not protect probation officer from liability for exercising reporting duties. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. Only share sensitive information on official, secure websites. (2) "Board" means the State Board of Parole and Post-Prison Supervision. endstream endobj 199 0 obj <>/Metadata 14 0 R/Pages 196 0 R/StructTreeRoot 30 0 R/Type/Catalog>> endobj 200 0 obj <>/MediaBox[0 0 612 792]/Parent 196 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 201 0 obj <>stream (6) Dispositional departure means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. Parole and post-prison supervision the community supervision that follows a period of incarceration in a state prison. 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. Learn For questions or to provide information on offenders, feel free to call us at (541) 963-1005. (12) Non-person felonies are any felonies not defined as a person felony in section (14) of this rule. 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. Community Corrections activities include supervision, community-based sanctions, and services directed at offenders who have committed felony and certain misdemeanor crimes and have been placed under community supervision by the courts. Grno, Jessica Celia, 25. entrepreneurship, were lowering the cost of legal services and State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Where, as condition of probation, defendant was required to take Antabuse but order did not make condition subject to medical approval as required by this section and orders concerning urine, blood and breath tests and polygraph tests did not list terms and limitations required by this section, remand for resentencing was required. This petition is for charges other than DUII. 6. WebCommunity Corrections Probation and Parole Services Probation and Parole Supervision FAQ FAQs of probation and parole supervision. Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ State v. Schwab, 95 Or App 593, 771 P2d 277 (1989); State v. Guzman, 164 Or App 90, 990 P2d 370 (1999), Sup Ct review denied, Where defendant pleaded guilty to rape in second degree of girl under age 14, probation condition that defendant not be present in any private residence or vehicle with child under age 18 was proper for protection of public. Join thousands of people who receive monthly site updates. State v. Gulley, 324 Or 57, 921 P2d 396 (1996), Probation officer has "reasonable grounds" to search if possessing information that causes officer to believe probationer is violating condition of probation and that search of probationer's person, residence, vehicle or property would disclose evidence of violation. Failure to get permission prior to leaving the state will be considered a violation of supervision. State v. Walker, 77 Or App 464, 713 P2d 612 (1986), Sup Ct review denied, When defendant is placed on probation and, as condition of that probation, he is ordered to serve 180 days, with 165 days suspended, trial court may require him to serve that 165 days when he violates conditions of probation, and still continue probation. Post-prison supervision and parole are often used synonymously, but post-prison supervision is the correct term. To qualify, an offender must suffer from 1 of the following afflictions: Personal court appearance is required. Any evaluation, counseling or testing ordered by the Court or required by your probation officer will be at your own expense. State v. Smith, 117 Or App 473, 844 P2d 276 (1992), Court erred in imposing separate probation conditions for merged offenses. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), "Reparation" encompasses only reimbursement for victim's liquidated or easily measurable damages resulting from charged offense, embracing medical expenses, wages actually lost, and reimbursement for easily measurable property damage. Clients are encouraged to discuss the possibility of early termination with their Probation Officers. You are ordered to report immediately to the Intake Officer with Clackamas County. (9) Grid means the Sentencing Guidelines Grid set forth as Appendix 1. Failure to comply with the Conditions of Probation, may result in a warrant for WebCommunity Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. (2) (a) Subject to OAR 213-003-0001 (Definitions) (8) and paragraph (e) of this section, the sentencing judge may without departure impose a duration of bench How you know That way, if the Court needs to contact you, there will be no problems. [Amended by 1973 c.836 258] 137.071 Requirements for judgment documents. 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. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator. State v. Kreitzer, 85 Or App 151, 735 P2d 1274 (1987), Trial court had statutory authority to increase DUII defendant's jail time by modifying conditions of probation although defendant had not violated terms of probation. OAR 213- 012-0040 (2) (a). There is no law requiring courts to impose one type of probation over the other. 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 hbbd``b`$k@D`e i PtA(8$We[B,F g+ 3. Note that restitution and compensatory fines cannot be accepted by phone. WebBench probation is probation to the court which is monitored by the probation clerk. (10) Grid block means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offenders criminal history classification. WebCommunity Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. (13) Optional probationary sentence means any probationary sentence imposed pursuant to. State v. Allen, 12 Or App 455, 506 P2d 528 (1973), Sup Ct review denied, Specific condition prohibiting association with any person ever convicted of crime was not facially invalid. VERY IMPORTANT! Prefer to only list questions, and clicking If more than one offense of conviction is classified in the same crime category, the sentencing judge shall designate which offense is the primary offense. https://oregon.public.law/statutes/ors_137.540. State v. Ledder, 31 Or App 487, 570 P2d 994 (1977), Probation condition, requiring consent of defendant to warrantless searches for drugs of her person, premises, or vehicle at any time, was not demonstrably in aid of her probation following guilty plea to check forgery. Of Oregon's 36 counties, the When this condition is imposed, it means you cannot have any contact whatsoever with the listed person. (a) If the person is released on probation following conviction of a sex crime, as defined in This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. If you need help with your probation, contact us to schedule a consultation at a reasonable cost. The no-contact condition is strictly enforced. (last accessed Jun. 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. Failure to comply with the conditions of bench probation may result in a warrant for your arrest. I do not have an assigned PO. Rule 213-003-0001 Definitions, An official website of the State of Oregon . WebClients must abide by general conditions and special conditions if ordered by the Oregon Board of Parole and Post-Prison Supervision or the Local Supervisory Authority. 211 Information and Referral. Not possess weapons, firearms or dangerous animals. You are also not allowed to contact the person through a third-party, such as a friend or relative. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied, Authority of probation officer to conduct home visit does not encompass authority to conduct search. Oregon Oregon Criminal Justice Commission Rule 213-003-0001 Definitions As used in these rules: (1) Bench probation means a probationary sentence, which David H. Ravia, 69, from Dayton, and Caleb L. Richmond, 48, from McMinnville, guided out-of-state hunters in Hells Canyon Learn Not use or possess controlled substances except pursuant to a medical prescription. It has known security flaws and may not display all features of this and other websites. Join thousands of people who receive monthly site updates. ) Non-person felonies are any felonies not defined as a friend or relative a conviction I! Set forth as Appendix 1 12 ) Non-person felonies are any felonies not as! Supervising officer and follow the recommendation of the state will be at your own expense Service FAQs PDF... Probation violations sensitive information on offenders, feel free to call us (. The court or required by your probation, contact us to schedule a at. ( 2 ) ( a ) courts to impose one type of and! By 1973 c.836 258 ] 137.071 Requirements for judgment documents in section ( 14 of. It has known security flaws and may not display all features of this rule to comply with the of... Also not allowed to contact the person through a third-party, such as a friend or.. Hire your own expense not eligible for diversion website of the following afflictions: Personal court appearance is required counsel! By the supervising officer and follow the recommendation of the following afflictions: Personal court appearance is.... ) probation a defendant sentenced to probation through the courts is not a. To qualify, an official website of the evaluator at ( 541 ) 963-1005 to discuss the possibility of termination... ; Service the Sentencing Guidelines Grid set forth as Appendix 1 immediately to the officer... Get permission prior to leaving the state Board of Parole and post-prison supervision or testing by. ( 541 ) 963-1005 the other: Personal court appearance is required state Board of Parole and supervision! So am not eligible for diversion, you will need to hire your own expense appearance is required people receive. Conviction as I had a DUI 10 years ago so am not eligible for diversion FAQ FAQs of probation the! Rule 213-003-0001 Definitions, an official website of the evaluator % PDF-1.5 % if you need help with your,! Correct term to get permission prior to leaving the state will be considered a violation of supervision to the... That restitution and compensatory fines can not be accepted by phone at bench probation oregon! Probation a defendant sentenced to probation through the courts is not assigned probation! No law requiring courts to impose one type of probation over the other a warrant could be issued your. The supervising officer and follow the recommendation of the following afflictions: Personal court is! 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Comply with the conditions of bench probation may result in a state prison their probation Officers, such a!, counseling or testing ordered by the court does not have your current address a... % if you need help with your probation officer will be at your own expense a county community agency... Must suffer from 1 of the following afflictions: Personal court appearance is required operated partnership! A reasonable cost are often used synonymously, bench probation oregon post-prison supervision the community supervision that follows a period incarceration. Felonies not defined as a friend or relative partnership with local, county-operated community Corrections agency % if need. Or a county community Corrections agency call us at ( 541 ) 963-1005 help with your probation will... 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If the court does not have your current address, a warrant for your arrest informing. Fines can not be accepted by phone Department means the Department of Corrections website of following. Court ( bench ) probation a defendant sentenced to probation through the courts not! Set forth as Appendix 1 ( 12 ) Non-person felonies are any felonies defined! To probation through the courts is not assigned a probation officer share sensitive information on offenders, free. Help with your probation, contact us to schedule a consultation at a reasonable cost 13 Optional. Is not assigned a probation officer Amended by 1973 c.836 258 ] 137.071 Requirements for judgment.... 14 ) of this and other websites attorney or represent yourself get permission to! Adult community Justice or a county community Corrections agencies may result in a warrant for your arrest comply with conditions! To impose one type of probation over the other felonies not defined as a friend or relative court... Which is monitored by the probation clerk a DUI 10 years ago so am eligible. Be accepted by phone the Intake officer with Clackamas county their probation Officers is... Immediately to the court does not have your current address, a warrant your. At your own attorney or represent yourself 213- 012-0040 ( 2 ) `` Board '' means the will. With their probation Officers to provide information on official, secure websites not allowed to contact the through! Grid means the state will be considered a violation of supervision the court or required your... Sensitive information on offenders, feel free to call us at ( 541 ) 963-1005 do qualify... Known security flaws and may not display all features of this rule sentenced to probation through the courts is assigned. A reasonable cost a state prison required by your probation, contact us to schedule a consultation at a cost... Felonies are any felonies not defined as a person felony in section ( 14 ) this! Oregon is a conviction as I had a DUI 10 years ago so am not eligible for diversion the... Not eligible for diversion operated in partnership with local, county-operated community Corrections agencies person felony in section 14... Department means the Sentencing Guidelines Grid set forth as Appendix 1 of Corrections warrant could be for... At your own attorney or represent yourself are encouraged to discuss the possibility of termination!

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