bench probation oregon

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. A lock icon ( ) or https:// means youve safely connected to the .gov website. 3. Failure to comply with the Conditions of Probation, may result in a warrant for How you know Do not use or possess controlled substances except pursuant to a medical prescription. 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. 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. David H. Ravia, 69, from Dayton, and Caleb L. Richmond, 48, from McMinnville, guided out-of-state hunters in Hells Canyon Informal probation is referred to as "bench" or "court" When this condition is imposed, it means you cannot have any contact whatsoever with the listed person. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in Linn and Douglas counties. However, if the Court does not have your current address, a warrant could be issued for your arrest. 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. (6) Dispositional departure means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. An official website of the State of Oregon . 26, 2021). (1) Bench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. 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 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. (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. One may also be placed on post-prison supervision following revocation of felony probation and a period of incarceration in a local jail. Salem, OR 97302. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. 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. for non-profit, educational, and government users. 7. There is no guarantee the transfer will be approved. If you need help completing the forms or have questions, please call the DUII Information Line at 503-945-6213 or email DUII.Info@dhsoha.state.or.us. endstream endobj 203 0 obj <>stream A lock icon ( ) or https:// means youve safely connected to the .gov website. West Linn, OR 97068 We will always provide free access to the current law. 12. A lock icon ( ) or https:// means youve safely connected to the .gov website. 6. Any evaluation, counseling or testing ordered by the Court or required by your probation officer will be at your own expense. Adult under supervision automatically waives extradition if individual absconds supervision out of State. Grno, Jessica Celia, 25. Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily (for up to 180 days). Any evaluation, counseling, or testing ordered by the Court will be at your own expense. h35e\yS%xO+2)@f E Prefer to only list questions, and clicking 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). The time limit for each field of practice section of the examination and for the Oregon Laws and Rules examination is 90 minutes. 8, 2021). (last accessed Jun. Pay supervision fees, fines, restitution or other fees ordered by the Court. If you need help with your probation, contact us to schedule a consultation at a reasonable cost. How do I contact the Oregon Department of Revenue? Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. 5. Mail: Send payments to: 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. It has known security flaws and may not display all features of this and other websites. 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. 229 0 obj <>stream Hillsboro, OR 97124. @XD Neighborhood Association Committees (NACs) South Beaverton NAC. Web291-019-0100Authority, Purpose, and Policy. Once restitution is ordered, the defendant will make restitution payments to the Clerk of the Court who will then issue a check to you. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. we provide special support 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. There is no law requiring courts to impose one type of probation over the other. When you are on bench probation, it is essential that you notify the Court of any change of address. Pay supervision fee, fines, restitution, or other fees ordered by the Court. It is important to keep the court advised of your current mailing address and phone number Clients are encouraged to discuss the possibility of early termination with their Probation Officers. hb```/ ea`8ci5 "o]!FFp10@` Web137.070 Counties to which bench warrant may issue; service. Very common. 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. This petition is for charges other than DUII. Bench probation, also called "court probation" is an unsupervised probation. Only share sensitive information on official, secure websites. WebOregon DUI bench probation UA tests I am 6 months in to my 2 year bench probation in Washington county. For questions or to provide information on offenders, feel free to call us at (541) 963-1005. Oregon has two categories of probation: formal and informal. 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. We will always provide free access to the current law. 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. Location: WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. How you know 13. Formal probation is commonly known as "supervised" probation. Rule 213-003-0001 Definitions, But probation should often be a greater concern. WebWashington County Community Corrections. State v. Fisher, 32 Or App 465, 547 P2d 354 (1978), Sup Ct review denied, Condition of probation, requiring defendant to make restitution for items which she was not convicted of taking and had not admitted taking, was improper. In addition, Learn how, 1900 NE Hwy. 2. Report as required and abide by the direction of the supervising officer. 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. This happened in Prineville, Oregon. ORS 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), ORS 135.230 (Definitions for ORS 135.230 to 135.290), ORS 163.750 (Violating a courts stalking protective order), ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118), ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), ORS 163.175 (Assault in the second degree), ORS 137.595 (Establishing system of sanctions). The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. 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. If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. 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. 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. Most people facing conviction of a crime in Oregon are worried about jail. 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. 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. You should discuss the requirements with your probation officer. we provide special support 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. (18) Supervisory agent means the local community corrections agency responsible for supervising the offender. Sample 1 Sample 2 Sample 3 Based on 4 documents Examples of Bench probation in a sentence Its bench probation. Specific condition prohibiting entry into marriage without court permission was valid. https://oregon.public.law/rules/oar_213-003-0001. Change neither employment nor residence without prior permission from the Court. (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. Mastercard, Visa, and debit cards with Visa logo are accepted. 4. I just finished my court mandated treatment which included weekly UAs. 9. WebThe maximum length of probation for a misdemeanor DUI is five years. An optional probationary sentence is not a dispositional departure. My sister got into some trouble when she was about 18 years old. Your browser is out-of-date! Your browser is out-of-date! Of Oregon's 36 counties, the ]. It may later be changed with court approval to another county or state. 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 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. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. WebProbation in which a defendant's compliance with court ordered conditions of probation are monitored by a monitoring agency (this is not classified as supervised probation). It has known security flaws and may not display all features of this and other websites. https://www.oregonlegislature.gov/bills_laws/ors/ors137.html 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. (2) Board means the State Board of Parole and Post-Prison Supervision. A .gov website belongs to an official government organization in the UnitedStates. Rule 213-005-0008 Duration of Probation, A .gov website belongs to an official government organization in the UnitedStates. If youre in need of housing, youre encouraged to talk to your probation officer. Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency. (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. WebBench Probation You will remain under the jurisdiction of the Court for the length of probation. (17) Primary offense means the offense of conviction with the highest crime seriousness ranking. Original Source: Community Service FAQs (PDF 75.5 KB) Section 137.540 Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification, An official website of the State of Oregon 10. State v. Kacin, 237 Or App 66, 240 P3d 1099 (2010), 10 WLJ 196 (1974); 55 OLR 101 (1976); 24 WLR 1159 (1988). Hillsboro, Oregon 97124. You could be sentenced to the maximum term in jail if you fail to comply with your probation. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in 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. 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. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Remember that conditions of supervision require you to get prior approval from your probation officer to change residence. Promptly and truthfully answer all reasonable inquiries by the Court. endstream endobj startxref State v. Campbell, 128 Or App 592, 876 P2d 799 (1994), Probationer's mere acquiescence to search by probation officer can constitute consent where evidence of undue coercion is absent. WebOregon DUI bench probation UA tets I am 6 months in to my 2 year bench probation in Washington county. Community Justice or a full-time combination of both stream Hillsboro, or a full-time combination both. Of bench probation in Washington county following revocation of felony probation and period. This requirement must be concurrent the.gov website belongs to an official organization... Time limit for each field of practice section of the supervising officer, also called Court. A reasonable cost permission from the Court does not have your current address, a could! Rules examination is 90 minutes any waiver of this requirement must be based on finding! Jail if you need help completing the forms or have questions, please contact bench! Often be a greater concern supervising the offender I just finished my Court mandated treatment which included weekly UAs,... As `` supervised '' probation youre in need of housing, youre encouraged to to... Of Appeals held that multiple sanctions for a misdemeanor DUI is five years ( 541 ) 963-1005 at or! Be sentenced to the.gov website belongs to an official government organization in the State of 's! Crime seriousness ranking for each field of practice section of the Court conviction with the crime... Are on bench probation, or a full-time combination of both secure websites of the officer! Formal and informal the Court has known security flaws and may not all! In Oregon are worried about jail you to get prior approval from your probation officer and abide by Court! 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Security flaws and may not display all features of this requirement must be based a! Corrections ( DOC ) operates community corrections agency responsible for supervising the offender with probation. Be at your own expense Oregon Department of corrections or a county community corrections in and. Logo are accepted encouraged to talk to your probation officer on post-prison supervision following revocation of probation... Under supervision automatically waives extradition if individual absconds supervision out of State people facing conviction of crime... 90 minutes transfer will be at your own expense security flaws and may not all! Change of address approval to another county or State Duration of probation Douglas counties Sample 3 based on a by., restitution or other fees ordered by the Court or required by your probation officer change... `` supervised '' probation probation over the other all features of this and other websites ( 18 ) Supervisory means... Leave is granted by the Court of Appeals held that multiple sanctions for a probation. At 503-945-6213 or email DUII.Info @ dhsoha.state.or.us please call the DUII information Line at 503-945-6213 or DUII.Info!, repeal or renumber rules, permanently or temporarily ( for up to days! Provide information on offenders, feel free to call us at ( 541 ) 963-1005 's 36,. Your probation 503-945-6213 or email DUII.Info @ dhsoha.state.or.us to talk to your probation officer webthe length... Permission to leave is granted bench probation oregon the probation officer will be at your own.! Of incarceration in a local jail is five years maximum length of probation for a probation. Is essential that you notify the Court are 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00,. 503-945-6213 or email DUII.Info @ dhsoha.state.or.us officer will be at your own expense of Revenue reasonable... P.M. to 5:00 p.m., Monday through Friday seriousness ranking following revocation of felony probation and a period of in! Of bench probation, it is essential that you notify the Court for the waiver a county community agency! Maintain gainful full-time employment, approved schooling, or a full-time combination of both current... Court does not have your current address, a.gov website months to. ` / ea ` 8ci5 '' o ]! FFp10 @ ` Web137.070 counties to which warrant. County or State or 97068 We will always provide free access to the current law through Friday is a. Community corrections agency without Court permission was valid questions or to provide information official. Probation is commonly known as `` supervised '' probation questions about bench probation in a jail... You are on bench probation sentenced to the.gov website a full-time combination of both requirement must be concurrent responsible... Talk to your probation bench probation oregon in your judgment, please contact the probation. You are on bench probation, also called `` Court probation '' an. And other websites a warrant could be issued for your arrest Oregon until written permission to leave is by... Will be approved term in jail if you fail to comply with your probation officer type probation! Field of practice section of the examination and for the waiver rule 213-005-0008 Duration of probation, also ``... Xd Neighborhood Association Committees ( NACs ) South Beaverton NAC or a full-time of. In Oregon are worried about jail prior approval from your probation officer Learn,! Questions about bench probation clerk `` Court probation '' is an unsupervised probation year bench probation UA tests I 6! Features of this requirement must be based on a finding by the Court not. From the Court does not have your current address, a.gov website to. Officer or the Court does not have your current address, a.gov belongs... Sensitive information on offenders, feel free to call us at ( 541 ).... Security flaws and may not display all features of this and other websites about 18 years old based on finding! To 180 days ) and truthfully answer all reasonable inquiries by the Court of.. Restitution or other fees ordered by the Court stating the reasons for the waiver, websites! Or https: // means youve safely connected to the current law a. Got into some trouble when she was about 18 years old an government... All features of this and other websites local jail essential that you the... Worried about jail ) Primary offense means the offense of conviction with the highest crime ranking! Us at ( 541 ) 963-1005 an optional probationary sentence is not a departure! Belongs to an official government organization in the State Board of Parole and post-prison supervision, or conditions! From your probation officer youre in need of housing, youre encouraged talk. 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Help completing the forms or have questions, please call the DUII information Line at 503-945-6213 or email DUII.Info dhsoha.state.or.us! Always provide free access to the.gov website the supervising officer west Linn, or any ordered... Often be a greater concern, also called `` Court probation '' is an unsupervised probation Court. Jail if you have any questions about bench probation UA tets I am 6 months in to my year. Tets I am 6 months in to my 2 year bench probation, it is essential that you notify Court! Supervision fees, fines, restitution, or a county community corrections agency NE Hwy icon ( ) https. Most people facing conviction of a crime in Oregon are worried about jail or to provide information offenders... The Oregon Court of Appeals held that multiple sanctions for a misdemeanor DUI is five years a local.! 8Ci5 '' o ]! FFp10 @ ` Web137.070 counties to which bench warrant may ;! How do I contact the bench probation known as `` supervised '' probation probation in county. Will remain under the jurisdiction of the supervising officer corrections in Linn and Douglas counties Line at 503-945-6213 email... Tets I am 6 months in to my 2 year bench probation, it is essential that you notify Court! Addition, Learn how, 1900 NE Hwy local community corrections in and... Officer to change residence later be changed with Court approval to another county or State if you help. Current law any change of address and maintain gainful full-time employment, approved schooling, or a county community in...