The Judge has authority to change It is important to keep the court advised of your current mailing address and phone number If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. 5. 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. A .gov website belongs to an official government organization in the UnitedStates. for non-profit, educational, and government users. Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). 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. However, a good general rule whenever you are dealing with government officials who work in law enforcement is to either communicate with them in writing (so that theres a record of exactly what was said), or to take very detailed notes of exactly when you spoke with them and what information was conveyed. 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. WebHow to Obtain a DUII Treatment Completion Certificate Oregon Residents: Residents of Other States: How to Submit Forms: Questions? #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: The bench warrant mentioned in ORS 137.050 may issue to one or more counties of the state and may be served in the same manner as any other warrant of arrest issued by a magistrate. In addition, 1. Bench probation, also called "court probation" is an unsupervised probation. 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 there are any questions regarding this condition, please talk it over with your Parole/Probation Officer. 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. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. Most all defendants convicted of a misdemeanor or felony conviction in Oregon are placed on some form of probation. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. 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. An official website of the State of Oregon However, if the Court does not have your current address, a warrant could be issued for your arrest. Of Oregon's 36 counties, the We will always provide free access to the current law. You can also call the following for assistance: -- 211 Information and Referral (simply dial 2 1 1) 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. Personal court appearance is required. 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. Office: 503-846-3730. 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. Community Service FAQs (PDF 75.5 KB) You are also not allowed to contact the person through a third-party, such as a friend or relative. 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. increasing citizen access. to find out whether the Judge would consider a modification of the original judgment of conviction; so that the period of bench probation is shortened Original Source: State v. Wanrow, 30 Or App 75, 566 P2d 533 (1977), In trial of defendant convicted of theft and resale of $18,000 antique auto, court order requiring restitution of $18,000 within ninety days as condition of probation did not set forth so short a repayment period as to make condition impossible, was not inconsistent with court's prior finding that defendant was indigent for purposes of appointment of counsel, and was not abuse of discretion. HSKO1&2>xn"``)(R6fGgN*F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW%A[^. A client must have completed at least one year of supervision to be eligible for early termination. Only share sensitive information on official, secure websites. Your browser is out-of-date! Through social Change neither employment nor residence without prior permission from the Court. Washington County Circuit Court 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. 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 If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. WebPursuant to Oregon Revised Statute 133.865(2), Persons on probation, parole, or post-prison in this state who make request to transfer to another state pursuant to the compact shall I do not have an assigned PO. WebYour judge gave you instructions to IMMEDIATELY schedule Victims Panel; to report to the DUII Evaluators within 25 days; to schedule your jail time (if any); and to start paying a Call 503-846-8888 and follow the instructions. Location: we provide special support Layne, Carla Annette, 46. The judge will appoint an attorney if you qualify financially. (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. 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. State v. McCollister, 210 Or App 1, 150 P3d 7 (2006), Failure to make restitution payments, alone, is not sufficient to establish that purpose of probation are not being served. State v. Kacin, 237 Or App 66, 240 P3d 1099 (2010), 10 WLJ 196 (1974); 55 OLR 101 (1976); 24 WLR 1159 (1988). (13) Optional probationary sentence means any probationary sentence imposed pursuant to. Report as required and abide by the direction of the supervising officer. Parole and post-prison supervision the community supervision that follows a period of incarceration in a state prison. An official website of the State of Oregon 3. If youre in need of housing, youre encouraged to talk to your probation officer. You could be sentenced to the maximum term in jail if you fail to comply with your probation. Neighborhood Association Committees (NACs) South Beaverton NAC. WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. Rule 213-003-0001 Definitions, (1) Bench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. State v. Gilkey, 111 Or App 303, 826 P2d 69 (1992), Evidence that defendant's codefendant and boyfriend was involved in methamphetamine manufacturing and trafficking and that he had recently been shot in narcotics related incident was sufficient to sustain trial court's imposition as condition of probation that defendant refrain from associating with him. increasing citizen access. They can be reached at (541) 382-3224. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendations of the evaluator. 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. State v. Wanrow, 39 Or App 13, 591 P2d 751 (1979), Conditions of probation may not be fixed by probation officers. OAR 213- 012-0040 (2) (a). Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in Linn and Douglas counties. State v. Wilson 105 Or App 20, 803 P2d 769 (1990), Condition of probation requiring confinement for conviction of misdemeanor was impermissible. WebThe general conditions of probation in Oregon are set out in ORS 137.540. If your conviction is not domestic violence related the requirements may differ. Learn how, 1900 NE Hwy. 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. Fax: 503-742-8599, Court Hours:M-TH, 7:30am to 5:30pm, FRIDAY, 7:30am to 4:30pm - CLOSED ALTERNATING FRIDAYS, Winter Weather Preparedness and Resources, Motion and Order to Extend DUII Diversion, Order on Motion to Vacate IID - Diversion, Setting Aside an Arrest and/or Conviction Forms, Memorial Day Observance - City Offices Closed, Juneteenth Observance - City Offices Closed, Independence Day Observance - City Offices Closed, Labor Day Observance - City Offices Closed, Thanksgiving Day Observance - City Offices Closed, Christmas Day Observance - City Offices Closed. Neighborhood Association Committees (NACs) South Beaverton NAC. Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency. An Oregon couple fired dozens of shots into a fleeing elk herd, leaving five of the animals to rot, according to officials. In person: Cashiers can accept cash, checks or money orders, payable to the State of Oregon. Hey all! State v. Brown, 122 Or App 632, 857 P2d 915 (1993), Sup Ct review denied, Prohibiting probationer in child endangerment case from residing with spouse if spouse used illegal drugs did not impermissibly interfere with marriage right. The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. 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. Grno, Jessica Celia, 25. Remember that conditions of supervision require you to get prior approval from your probation officer to change residence. WebBoards, Commissions & Advisory Groups. 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. The proposed county must agree before you will be allowed to transfer. Specific condition prohibiting entry into marriage without court permission was valid. Skip Navigation. If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. Contact information is updated on their website:www.oregon.gov/DOR/contact/Pages/default.aspx, The Social Security Administration website provides information on how to obtain a new or replacement card.https://www.ssa.gov/ssnumber/, Anyone on supervision is required to get written permission to leave the state. Web12 year old warrant. State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Trial court must make fact record that condition of probation is appropriate. WebCall (541) 385-3246 for more information. The probation officer in the proposed county will investigate your residence to determine if it is appropriate. When will I be allowed to have contact with a victim? (how to identify a Oregon.gov website) Prefer to only list questions, and clicking on question will expand/collapse the answers, Buildings opening two hours later than usual on March 1. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). 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. Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. Sample 1 Sample 2 Sample 3 Based on 4 documents Examples of Bench probation in a sentence (12) Non-person felonies are any felonies not defined as a person felony in section (14) of this rule. An official website of the State of Oregon 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. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. 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. Very common. Location: State v. Culbertson, 29 Or App 363, 563 P2d 1224 (1977), Condition of probation, requiring defendant convicted of criminally negligent homicide to pay $7,100 to victim's estate, was improper absent evidence that such sum constituted reparation or reimbursement for liquidated or easily measurable damages actually resulting from the offense. I do not have an assigned PO. An official website of the State of Oregon , Oregon Department of Corrections We will always provide free access to the current law. You could be sentenced to the maximum term in jail if you fail to comply with your probation. for non-profit, educational, and government users. FAQs of probation and parole supervision. 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. To qualify, an offender must suffer from 1 of the following afflictions: Mail: Send payments to: We will always provide free access to the current law. WebBoards, Commissions & Advisory Groups. 6. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. A lock icon ( ) or https:// means youve safely connected to the .gov website. (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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