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. We will always provide free access to the current law. It is important to keep the court advised of your current mailing address and phone number 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. Parole and post-prison supervision the community supervision that follows a period of incarceration in a state prison. Obey all municipal, county, state, and federal laws. You could be sentenced to the maximum term in jail if you fail to comply with your probation. 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. nglP"/KK;!Ka{M93'0'CJ#h-f(k>Hk-lgQSfWYV ~,OD HD&Xb0K+ {R1=r._cFp! Original Source: 6. NOTE: To view attachments referenced in rule text, click here to view rule. How you know Learn how. Of Oregon's 36 counties, the %%EOF WebWashington County Community Corrections. Web291-019-0100Authority, Purpose, and Policy. FAQs of probation and parole supervision. You are ordered to report immediately to the Intake Officer with Clackamas County. If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465 or the equivalent city ordinance, the provision of ORS 137.540(1)(m) applies as a condition of probation. State v. Westby, 99 Or App 371, 781 P2d 1270 (1989), Special condition of probation may be imposed only for purposes specified by statute and not as additional punishment. The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ 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). State v. Jones, 90 Or App 176, 750 P2d 1211 (1988), Where submission to searches as condition of probation is authorized only if probation officer has reasonable grounds to believe that search will disclose evidence of probation violation, search imposed to verify compliance with conditions of probation fails to conform to statute. WebBench Probation You will remain under the jurisdiction of the Court for the length of probation. Only share sensitive information on official, secure websites. (last accessed Jun. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. Posted on Oct 26, 2009. WebBench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. An Oregon couple fired dozens of shots into a fleeing elk herd, leaving five of the animals to rot, according to officials. When this condition is imposed, it means you cannot have any contact whatsoever with the listed person. Hillsboro, Oregon 97124. 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. You will remain under the jurisdiction of the Court for the length of probation. 13. Community Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. State v. Altman, 97 Or App 462, 777 P2d 969 (1989); State v. Guzman, 164 Or App 90, 990 P2d 370 (1999), Sup Ct review denied, Court did not err in assessing, as condition of probation, $250 rather than $90 for reimbursement of court-appointed attorney fees since only evidence regarding what state would pay for defendant's representation was his counsel's $250 calculation during sentencing. 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. 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. (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. 6. State v. Tejeda, 111 Or App 201, 826 P2d 25 (1992), Limits placed on defendant's contact with his wife secured public's safety and interfered with his marital rights only to permissible degree. David H. Ravia, 69, from Dayton, and Caleb L. Richmond, 48, from McMinnville, guided out-of-state hunters in Hells Canyon 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. Location: Community Corrections can be used as an alternative or enhancement to incarceration. You may seek private legal counsel at any time. Specific condition prohibiting entry into marriage without court permission was valid. 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. entrepreneurship, were lowering the cost of legal services and State v. Vaughn, 105 Or App 518, 805 P2d 733 (1991) Probation officer was not State v. Crocker, 96 Or App 111, 771 P2d 1026 (1989), Where trial court imposed as condition of probation that defendant build entire new fence, record that shows cattle strayed through hole in fence not sufficient to support condition of probation that defendant build entire new fence. increasing citizen access. WebBench probation is probation to the court which is monitored by the probation clerk. An official website of the State of Oregon , Oregon Department of Corrections 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. increasing citizen access. Failure to comply with the conditions of bench probation may result in a warrant for your arrest. The probation officer in the proposed county will investigate your residence to determine if it is appropriate. If you are being supervised in Washington County and move to another county you may be able to have your supervision transferred. 3. WebEarly Termination of Supervision In appropriate cases, the Court may terminate supervision early. They can be reached at (541) 382-3224. 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. 14. 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. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. This happened in Prineville, Oregon. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ)), the conditions are as follows: Your first resource is your probation officer, if you have on assigned. If there are any questions regarding this condition, please talk it over with your Parole/Probation Officer. Section 137.540 Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification, Once restitution is ordered, the defendant will make restitution payments to the Clerk of the Court who will then issue a check to you. Phone: 503-656-4263 Nationwide, as of 2016, there were an estimated 4,537,100 adults under community supervision (probation or parole). WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. (1) Bench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. State v. Wilson 105 Or App 20, 803 P2d 769 (1990), Condition of probation requiring confinement for conviction of misdemeanor was impermissible. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. She did her community service and whatnot (bench probation). 229 0 obj <>stream Web213-003-0001 Definitions 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 sentencing judge. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. A Uniform Plea Petition is required when a defendant intends to enter a plea to a charge and proceed to sentencing. 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. 12. 8, 2021). Your browser is out-of-date! 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. WebHow to Obtain a DUII Treatment Completion Certificate Oregon Residents: Residents of Other States: How to Submit Forms: Questions? (how to identify a Oregon.gov website) Pro Se Motions can be filed for various reasons including requests to terminate Bench Probation, a request to modify conditions of Bench Probation and other requests criminal pro se parties may have for a Judge to review their case. State v. Oary, 109 Or App 580, 820 P2d 857 (1991), as modified by 112 Or App 296, 829 P2d 90 (1992); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), Court erred in authorizing searches by probation officer without including requirement they be based on reasonable grounds to believe search would disclose evidence of probation violation. (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 #3 Fail To Appear-Bench Warrant M ORS: 137.050 Arrest Date: 02/21/2023 Arrest Agency: Hub Case Number: HUB Court Phone: PRETRIAL #4 Probation Violation Aslt 4 Misd M ORS: 137.545 Arrest Date: 02/21/2023 Arrest Agency: Hub Case Number: HUB Court Phone: HOLD #5 Probation Violation Dis Conduct 2 M ORS: 137.545 Arrest Date: 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. Its bench probation. WebAddress: 63333 Hwy 20 West, Bend, Oregon 97703 Phone: 541-388-6661 Deschutes County DUI Monitored Probation If you are placed on probation for a Deschutes County DUI conviction, youll start probation or monitoring in Deschutes County. (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. 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. I just finished my court mandated treatment which included weekly UAs. Mail: Send payments to: 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. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: 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. I do not have an assigned PO. 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. The Oregon State Bar offers information and a lawyer referral service as well as a Modest Means Program. In addition, Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). There are approximately 30,000 offendersunder supervision in Oregon communities and 12,000 offendersserving time in one of Oregons 12prisons. A lock icon ( ) or https:// means youve safely connected to the .gov website. State v. Allen, 12 Or App 455, 506 P2d 528 (1973), Sup Ct review denied, The fact that defendant's conviction is for an attempt to commit theft would not preclude the court from conditioning probation upon restitution of the amount actually taken, even though a larger amount. How do I get permission to leave the state? How do I contact the Oregon Department of Revenue? 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. (17) Primary offense means the offense of conviction with the highest crime seriousness ranking. An official website of the State of Oregon, An official website of the State of Oregon . Learn 1. 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 5. #3 Fail To Appear-Bench Warrant M ORS: 137.050 Arrest Date: 02/21/2023 Arrest Agency: Hub Case Number: HUB Court Phone: PRETRIAL #4 Probation Violation Aslt 4 Misd M ORS: 137.545 Arrest Date: 02/21/2023 Arrest Agency: Hub Case Number: HUB Court Phone: HOLD #5 Probation Violation Dis Conduct 2 M ORS: 137.545 Arrest Date: Page Monitored Misdemeanor Program Personal History You can fill the Personal History form here for Monitored Misdemeanor Program. Only share sensitive information on official, secure websites and move to another county you may able. ' 0'CJ # h-f ( k > Hk-lgQSfWYV ~, OD HD Xb0K+... 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