https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-005-0008 You can read more about probation violations generally on our Oregon probation violation page. It may later be changed with court approval to another county or state. 12. Original Source: Promptly and truthfully answer all reasonable inquiries by the probation officer or the Court. Community Corrections can be used as an alternative or enhancement to incarceration. Telephone: Credit card only. nglP"/KK;!Ka{M93'0'CJ#h-f(k>Hk-lgQSfWYV ~,OD HD&Xb0K+ {R1=r._cFp! https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-003-0001 WebNotwithstanding ORS 137.540 (Conditions of probation), if a person who holds a registry identification card is sentenced to probation, supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the court would impose WebAdditional Statutory Conditions of Probation found in ORS 137.540 and Enhanced Bench Probation conditions also apply to your probation. Location: 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. Through social 198 0 obj <> endobj If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. WebBench warrant meeting requirements of ORS 137.060 is sufficient for purposes of this section. Of Oregon's 36 counties, the An official website of the State of Oregon 9. 3. [Amended by 1973 c.836 258] 137.071 Requirements for judgment documents. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors137.html Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). Very common. Only share sensitive information on official, secure websites. 5. I cannot provide advise you, but would recommend that you consult with an attorney in Oregon, and in the same county where you were convicted. David H. Ravia, 69, from Dayton, and Caleb L. Richmond, 48, from McMinnville, guided out-of-state hunters in Hells Canyon Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator. Grno, Jessica Celia, 25. The no-contact condition is strictly enforced. Parole and post-prison supervision the community supervision that follows a period of incarceration in a state prison. I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. An Affidavit of Indigence must be completed.In custody arraignments are held each business day at 1:30 p.m. by video between the court and the jail.At the arraignment you will be formally advised of your rights, the charges filed against you and the maximum possible penalty that may be imposed. Officers are aware of community resources and may know where you can get help. (last accessed Jun. 150 N First Ave Its important to plan ahead and request a travel permit several days before you plan to travel as the request can take time to process. 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. The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. Submit to testing of breath or urine for controlled substance or alcohol, if the probationer has a history of substance abuse or if there are reasonable suspicions that the probationer has illegally used controlled substances. The purpose of this report, as listed in ORS 423.525(12), is to evaluate community corrections policy and assess the effectiveness of local revocation options. This means you do not have to report to a Parole/Probation Officer. In person: Cashiers can accept cash, checks or money orders, payable to the State of Oregon. An official website of the State of Oregon endstream endobj startxref We will always provide free access to the current law. WebCommunity Corrections, with a staff of seven parole and probation officers, supervises adult criminal offenders sentenced to probation by a court or released to post-prison supervision from a correctional facility. 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. Permit the probation officer to visit the probationer or the probationers residence or work site, and report as required and abide by the direction of the supervising officer. Learn how. State v. Johnston, 176 Or App 418, 31 P3d 1101 (2001), Sanctions available upon failure to abide by probation conditions are alternatives that are not mutually exclusive. 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 But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. WebBench Probation You will remain under the jurisdiction of the Court for the length of probation. You can also apply for early termination of any term of community control or house arrest if you have served at least fifty percent of your sentence. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Your browser is out-of-date! WebBench probation is probation to the court which is monitored by the probation clerk. Address: 22500 Salamo Road Permit the probation officer to visit the probationer or the probationers residence or worksite, and report as required and abide by the direction of the supervising officer and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the individual. Web291-019-0100Authority, Purpose, and Policy. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: You may seek private legal counsel at any time. WebOur hours are 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday. 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. https://oregon.public.law/rules/oar_213-005-0008. WebEarly Termination of Supervision In appropriate cases, the Court may terminate supervision early. Location: NOTE: To view attachments referenced in rule text, click here to view rule. They can be reached at (541) 382-3224. You can also use this form to update your address Any evaluation, counseling, or testing ordered by the Court will be at your own expense. If you need help with your probation, contact us to schedule a consultation at a reasonable cost. Web137.070 Counties to which bench warrant may issue; service. The general conditions of probation in Oregon are set out in ORS 137.540. Formal probation is commonly known as "supervised" probation. Washington County Circuit Court (a) If the person is released on probation following conviction of a sex crime, as defined in If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. Qualifying Diagnoses. www.oregon.gov/DOR/contact/Pages/default.aspx. Specific condition prohibiting entry into marriage without court permission was valid. (how to identify a Oregon.gov website) In either case, a Probation Officer monitors conditions imposed by the Oregon Board of Parole and Post-Prison Supervision. I just finished my court mandated treatment which included weekly UAs. Information on how to get Oregon identification can be found on DMVs website. Formal probation is most commonly known as supervised probation. State v. Kacin, 237 Or App 66, 240 P3d 1099 (2010), 10 WLJ 196 (1974); 55 OLR 101 (1976); 24 WLR 1159 (1988). State v. Gulley, 324 Or 57, 921 P2d 396 (1996), Court may impose requirement that defendant pay cost of incarceration as general condition of probation. 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. Submit to testing of breath or urine for controlled substances or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances. Layne, Carla Annette, 46. We will always provide free access to the current law. In addition, Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ 26, 2021). State v. Melton, 189 Or App 411, 76 P3d 156 (2003), Where probation conditions are reasonably related to offense, court is not required to make particularized factual findings before imposing sex offender conditions on person convicted of nonsex offense. Obey all laws, municipal, county, state and federal. Failure to report, obey court orders or rules and regulations of Intake Officer will result in your case being returned to the Court for further action and possibly a warrant for your arrest. Clients are encouraged to discuss the possibility of early termination with their Probation Officers. State v. McSweeney, 123 Or App 460, 860 P2d 305 (1993), Provision identifying personnel authorized to perform searches related to parole violations did not restrict searches by other personnel for other purposes. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. Bench probation is probation to the court which is monitored by the probation clerk. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. Community Service FAQs (PDF 75.5 KB) If your conviction is not domestic violence related the requirements may differ. 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. Court (Bench) Probation A defendant sentenced to probation through the courts is not assigned a probation officer. Original Source: How you know (Marion County?) How you know Bench probation is probation to the court which is monitored by the probation clerk. You are ordered to report immediately to the Intake Officer with Clackamas County. (3) Correctional supervision status means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction. Do not use or possess controlled substances except pursuant to a medical prescription. (1) Bench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. https://oregon.public.law/rules/oar_213-003-0001. %PDF-1.5 % Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. 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 are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. (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.