Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency. Oregon Oregon Criminal Justice Commission Rule 213-003-0001 Definitions As used in these rules: (1) Bench probation means a probationary sentence, which Join thousands of people who receive monthly site updates. 229 0 obj <>stream Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars and Live Stream Proceedings. I just finished my court mandated treatment which included weekly UAs. https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-003-0001 Clients are encouraged to discuss the possibility of early termination with their Probation Officers. This can help avoid disputes later when, say, that law enforcement representative makes a false accusation against you either that you didnt do something you were supposed to, or you did something you werent supposed to. When you are on bench probation, all special conditions, including the payment of court fees, need to be completed no later than 90 days prior to the end of the probation period. (19) Supervisory authority means the state and local corrections agency or official designated in each county by that countys Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both. 1. OAR 213- 012-0040 (2) (a). hbbd``b`$k@D`e i PtA(8$We[B,F g+ Obey all municipal, county, state, and federal laws. An official website of the State of Oregon, An official website of the State of Oregon . WebCall (541) 385-3246 for more information. (11) Juvenile adjudication means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony. Fax: 503-846-3044. communityservice@washingtoncountyor.gov. (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. You are also not allowed to contact the person through a third-party, such as a friend or relative. That means no person-to-person contact, no telephone contact which includes leaving messages, no texting, e-mailing or letter writing. Only share sensitive information on official, secure websites. Failure to appear may result in a warrant for your arrest.Out of custody arraignments are Wednesday and Friday at 1:31 p.m. You will first attend an orientation in Room 206 where you will be notified of the charges against you and given an opportunity to apply for court appointed attorney. Not use or possess controlled substances except pursuant to a medical prescription. Nearman was sentenced to 18 months bench probation, 80 hours of community service, $200 in fines and $2,700 in restitution for damage to the Oregon Capitol. For questions or to provide information on offenders, feel free to call us at (541) 963-1005. Join thousands of people who receive monthly site updates. Only share sensitive information on official, secure websites. Original Source: Learn how, 1900 NE Hwy. Not possess weapons, firearms or dangerous animals. To get a travel permit for vacation you must be in compliance with supervision. An official website of the State of Oregon , Union County Bench Probation ClerkEmily Moody541.962.9500 Ext 33, Wallowa County Bench ProbationCassandra Burns541.426.4991. The three individuals, all from Mosier, also face the penalties of bench probation, forfeiture of the animals meat and heads, and hunting suspensions, the agency said. Failure to comply with the conditions of bench probation may result in a warrant for your arrest. (a) If the person is released on probation following conviction of a sex crime, as defined in Failure to comply with the Conditions of Probation, may result in a warrant for It is important to keep the court advised of your current mailing address and phone number hnF_e$h=@dY$l. 163.411 (Unlawful sexual penetration in the first degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree). When will I be allowed to have contact with a victim? (18) Supervisory agent means the local community corrections agency responsible for supervising the offender. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), "Reparation" encompasses only reimbursement for victim's liquidated or easily measurable damages resulting from charged offense, embracing medical expenses, wages actually lost, and reimbursement for easily measurable property damage. State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Trial court must make fact record that condition of probation is appropriate. The probation officer in the proposed county will investigate your residence to determine if it is appropriate. Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars and Live Stream Proceedings. An official website of the State of Oregon 150 N First Ave State v. Maag, 41 Or App 133, 579 P2d 838 (1979), Imposition of probation condition that allowed probation officer to search probationer's person, residence, or property without warrant at any time was invalid where this condition was imposed by probation officer and not by sentencing court. "YvD VFRDx!5$Z Prefer to only list questions, and clicking on question will expand/collapse the answers, Buildings opening two hours later than usual on March 1. Through social Any evaluation, counseling, or testing ordered by the Court will be at your own expense. If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. Zavalas v. Dept. State v. Martin, 282 Or 583, 580 P2d 536 (1978); State v. Saxon, 131 Or App 662, 886 P2d 505 (1994), Condition requiring probationer to submit to polygraph tests could constitutionally be imposed with no more than general finding of court that it was reasonably necessary to accomplish purpose of probation. Obey all laws, municipal, county, state and federal. (7) Dispositional line means the solid black line on the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in which the presumptive sentence is a term of imprisonment and post-prison supervision from the grid blocks in which the presumptive sentence is probation which may include local custodial sanctions. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in Linn and Douglas counties. Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes. Submit to a Risk and Needs Assessment as directed by the supervising officer. Fees imposed in a justice court under this subsection shall be paid to the county treasurer. General Conditions: Post-Prison Supervision (PPS) Special Conditions: Post-Prison Supervision Sex Offender Package (PPS) Phone: 503-655-8603 Fax: 503-650-8942 State v. Wanrow, 39 Or App 13, 591 P2d 751 (1979), Conditions of probation may not be fixed by probation officers. How do I get permission to leave the state? Start with your legal issue to find the right lawyer for you. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), A probationer retains all civil liberties except those which are taken away as conditions of probation and the standard against which the validity of conditions imposed is to be measured is whether they bear a reasonable relationship to the reformation of the offender or the protection of the public; overruling State v. Davis/Travis, 9 Or App 412, 496 P2d 923 (1972), Sup Ct review denied. 6. Its bench probation. How do I contact the Oregon Department of Revenue? Another personal appearance date will be scheduled. It has known security flaws and may not display all features of this and other websites. VERY IMPORTANT! You could be sentenced to the maximum term in jail if you fail to comply with your probation. Location: Learn WebYou may be eligible for early termination of your probation if you have served at least fifty percent of the probationary term and you have completed all special conditions of your probation. WebIf you have been placed on bench probation you must contact Washington County Community Corrections to sign up for a group intake to get a referral. Learn State v. Peterson, 116 Or App 418, 841 P2d 666 (1992), Trial court has continuing jurisdiction to administer probation, which, despite filing of appeal, includes modifying conditions of probation. WebBoards, Commissions & Advisory Groups. Posted on Oct 26, 2009. If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. www.oregon.gov/DOR/contact/Pages/default.aspx. State v. Getsinger, 27 Or App 339, 556 P2d 147 (1976), "Restitution" means return of sum of money, object or value of object which defendant wrongfully obtained in course of committing crime. WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. 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. Court (Bench) Probation A defendant sentenced to probation through the courts is not assigned a probation officer. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). "oS+%;;oa)iXS &@I& (&#f2:4#Ia}M%{XYT!yPVD>[igMM&dQs.u._\e.$7ByWq\Le%3*&r'Lk]j5[`b4pgH|@cp1> YQ5H=Fsz-xzcwHxM/mC7U=j>mw~Wlwa;8tc1LRW_t2y}z&x>``R?[&L2$c@FZ2Yk<9^\lm3%MpSVa/ d;m@d4Qitd}9!6Z=%6Ill2! A monthly probation fee is one of the conditions of probation, unless it is waived by the Court or by the probation officer. endstream endobj 203 0 obj <>stream Community Corrections can be used as an alternative or enhancement to incarceration. If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. She did her community service and whatnot (bench probation). @XD (14) Person felonies are in numerical statutory order: (15) Person Class A misdemeanors are in numerical statutory order: (16) Presumptive sentence means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime seriousness ranking of the current crime of conviction and the offenders criminal history or a sentence designated as a presumptive sentence by statute. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ) How you know -- Washington County Family Shelter Network (available 24 hours a day) 503-640-3263, See also: Pay supervision fees, fines, restitution or other fees ordered by the Court. State v. Vaughn, 105 Or App 518, 805 P2d 733 (1991) Probation officer was not WebCommunity Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. Remember that conditions of supervision require you to get prior approval from your probation officer to change residence. 13. A .gov website belongs to an official government organization in the UnitedStates. NOTE: To view attachments referenced in rule text, click here to view rule. If youre in need of housing, youre encouraged to talk to your probation officer. (4) Department means the Department of Corrections. Prefer to only list questions, and clicking WebPersons currently on probation and being supervised by the Mental Health Unit of the Multnomah County Department of Community Justice, Probation Department; Persons currently on unsupervised probation (bench probation) referred by the supervising judge. of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Court has no authority to impose jail sentence as condition of probation for misdemeanor offense committed after November 1, 1989. I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. Hey all! WebAdditional Statutory Conditions of Probation found in ORS 137.540 and Enhanced Bench Probation conditions also apply to your probation. A lock icon ( ) or https:// means youve safely connected to the .gov website. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). WebThe general conditions of probation in Oregon are set out in ORS 137.540. 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. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: State v. Smith, 117 Or App 473, 844 P2d 276 (1992), Court erred in imposing separate probation conditions for merged offenses. If there are any questions regarding this condition, please talk it over with your Parole/Probation Officer. This means you do not have to report to a Parole/Probation Officer. Personal court appearance is required. (Marion County?) increasing citizen access. State v. Donovan, 307 Or 461, 770 P2d 581 (1989); State v. Qualey, 138 Or App 74, 906 P2d 835 (1995), Trial court has authority to modify conditions of probation and extend it without finding violation of probation. endstream endobj 202 0 obj <>stream 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 An official website of the State of Oregon 8, 2021). Rule 213-005-0008 Duration of Probation, Your probation officer will be able to answer your questions and help you through the process. The time limit for each field of practice section of the examination and for the Oregon Laws and Rules examination is 90 minutes. The Judge has authority to change Section 137.540 Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification, Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. Washington County buildings will open at 10 a.m. on Wednesday, March 1, due to icy travel conditions throughout the region. Note that restitution and compensatory fines cannot be accepted by phone. 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. 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. You should discuss the requirements with your probation officer. Telephone: Credit card only. Pay supervision fee, fines, restitution, or other fees ordered by the Court. hb```/ ea`8ci5 "o]!FFp10@` [Amended by 1973 c.836 258] 137.071 Requirements for judgment documents. You are ordered to report immediately to the Intake Officer with Clackamas County. State v. Peterson, 116 Or App 418, 841 P2d 666 (1992), Trial court could not require defendant to submit to personal search by police as condition of probation where statute specifically limits such searches to probation officers. 4. (20) Straight jail means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in, OAR 213-005-0006 (Optional Probationary Sentences), ORS 97.981 (Purchase or sale of body parts prohibited), ORS 97.982 (Alteration of document of anatomical gift prohibited), OAR 213-018-0070 (Supplying Contraband (ORS 162.185)), ORS 163.095 (Aggravated murder defined), ORS 163.115 (Murder in the second degree), ORS 163.118 (Manslaughter in the first degree), ORS 163.125 (Manslaughter in the second degree), ORS 163.145 (Criminally negligent homicide), ORS 163.149 (Aggravated vehicular homicide), ORS 163.160 (Assault in the fourth degree), ORS 163.165 (Assault in the third degree), ORS 163.175 (Assault in the second degree), ORS 163.185 (Assault in the first degree), ORS 163.192 (Endangering a person protected by a Family Abuse Prevention Act restraining order), ORS 163.196 (Aggravated driving while suspended or revoked), ORS 163.205 (Criminal mistreatment in the first degree), ORS 163.208 (Assaulting a public safety officer), ORS 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree), ORS 163.225 (Kidnapping in the second degree), ORS 163.235 (Kidnapping in the first degree), ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), ORS 163.264 (Subjecting another person to involuntary servitude in the first degree), OAR 213-018-0035 (Coercion (ORS 163.275)), ORS 163.395 (Sodomy in the second degree), ORS 163.408 (Unlawful sexual penetration in the second degree), ORS 163.411 (Unlawful sexual penetration in the first degree), ORS 163.413 (Purchasing sex with a minor), ORS 163.425 (Sexual abuse in the second degree), ORS 163.427 (Sexual abuse in the first degree), ORS 163.432 (Online sexual corruption of a child in the second degree), ORS 163.433 (Online sexual corruption of a child in the first degree), ORS 163.452 (Custodial sexual misconduct in the first degree), ORS 163.472 (Unlawful dissemination of an intimate image), ORS 163.479 (Unlawful contact with a child), ORS 163.537 (Buying or selling a person under 18 years of age), ORS 163.547 (Child neglect in the first degree), ORS 163.670 (Using child in display of sexually explicit conduct), ORS 163.684 (Encouraging child sexual abuse in the first degree), ORS 163.686 (Encouraging child sexual abuse in the second degree), ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), ORS 163.701 (Invasion of personal privacy in the first degree), ORS 163.750 (Violating a courts stalking protective order), OAR 213-018-0075 (Extortion (ORS 164.075)), ORS 164.225 (Burglary in the first degree), OAR 213-018-0025 (Burglary I (ORS 164.225)), ORS 164.342 (Arson incident to the manufacture of a controlled substance in the first degree), ORS 164.395 (Robbery in the third degree), ORS 164.405 (Robbery in the second degree), ORS 164.415 (Robbery in the first degree), ORS 166.087 (Abuse of corpse in the first degree), ORS 166.165 (Bias crime in the first degree), ORS 166.275 (Possession of weapons by inmates of institutions), ORS 166.385 (Possession of hoax destructive device), ORS 166.643 (Unlawful possession of body armor), OAR 213-018-0090 (Unlawful Possession of Soft Body Armor (ORS 166.643)), ORS 167.320 (Animal abuse in the first degree), ORS 167.322 (Aggravated animal abuse in the first degree), ORS 475.908 (Causing another person to ingest a controlled substance), OAR 213-019-0007 (Crime Category 9 Controlled Substance and Aggravated Drug Offenses), ORS 475.910 (Application of controlled substance to the body of another person), ORS 475B.359 (Arson incident to manufacture of cannabinoid extract in first degree), ORS 475B.371 (Administration to another person under 18 years of age), ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405), ORS 811.705 (Failure to perform duties of driver to injured persons), ORS 813.010 (Driving under the influence of intoxicants), OAR 213-004-0009 (Prior ORS 813.010 (DUII) Convictions), ORS 830.475 (Duties of operators and witnesses at accidents), ORS 837.365 (Weaponized unmanned aircraft systems), ORS 163.195 (Recklessly endangering another person), ORS 163.200 (Criminal mistreatment in the second degree), ORS 163.212 (Unlawful use of an electrical stun gun, tear gas or mace in the second degree), ORS 163.415 (Sexual abuse in the third degree), ORS 163.454 (Custodial sexual misconduct in the second degree), ORS 163.476 (Unlawfully being in a location where children regularly congregate), ORS 163.545 (Child neglect in the second degree), ORS 163.575 (Endangering the welfare of a minor), ORS 163.687 (Encouraging child sexual abuse in the third degree), ORS 163.700 (Invasion of personal privacy in the second degree), ORS 163.709 (Unlawful directing of light from a laser pointer), ORS 165.572 (Interference with making a report), ORS 166.155 (Bias crime in the second degree), ORS 837.374 (Reckless interference with aircraft), OAR 213-005-0002 (Term of Post-Prison Community Supervision), [ED. 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