State v. Robertson, 113 Or App 467, 833 P2d 326 (1992), Board of Parole erred in imposing parole condition that prohibited petitioner from entering or residing in named county because restriction was broader than necessary to accomplish purpose of protecting victim or other potential victims. 14. Learn
The proposed county must agree before you will be allowed to transfer. 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. "YvD VFRDx!5$Z 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). I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. 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. 4. Join thousands of people who receive monthly site updates. WebAdditional Statutory Conditions of Probation found in ORS 137.540 and Enhanced Bench Probation conditions also apply to your probation. Oregon has two categories of probation: formal and informal. 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. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in Linn and Douglas counties. Another personal appearance date will be scheduled. The contact form below is subject to our Terms of Service. Formal probation is commonly known as "supervised" probation. State v. Melton, 189 Or App 411, 76 P3d 156 (2003), State may separately adjudicate discrete probation violations. How you know
Its bench probation. Zavalas v. Dept. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. Clients are encouraged to discuss the possibility of early termination with their Probation Officers. General Conditions: Post-Prison Supervision (PPS) Special Conditions: Post-Prison Supervision Sex Offender Package (PPS) Phone: 503-655-8603 Fax: 503-650-8942 If you have been convicted of a domestic violence crime you will first be required to complete at least twelve weeks of treatment and have the recommendation of your treatment provider and probation officer.. State v. Stephens, 47 Or App 305, 614 P2d 1180 (1980), Trial court had no authority to require defendant to pay probation fee. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. Fees imposed in a municipal court under this subsection shall be paid to the city treasurer.). WebOregon DUI bench probation UA tests I am 6 months in to my 2 year bench probation in Washington county. 3723 Fairview Industrial Drive SE 200 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. Prefer to only list questions, and clicking on question will expand/collapse the answers, Buildings opening two hours later than usual on March 1. (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. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. WebPro 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 Phone: 503-656-4263 You could be sentenced to the maximum term in jail if you fail to comply with your probation. 26, 2021). hb```/ ea`8ci5 "o]!FFp10@` 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. State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Trial court must make fact record that condition of probation is appropriate. 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. 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. If you are being supervised in Washington County and move to another county you may be able to have your supervision transferred. Pay supervision fees, fines, restitution or other fees ordered by the Court. It may later be changed with court approval to another county or state. WebThe general conditions of probation in Oregon are set out in ORS 137.540. Be sure to talk with your officer before you move. 8, 2021). All DUI cases in Oregon from diversions to multiple prior convictions require some form of DUI drug 11. A .gov website belongs to an official government organization in the UnitedStates. I just finished my court mandated treatment which included weekly UAs. A .gov website belongs to an official government organization in the UnitedStates. (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. You can also call the following for assistance: -- 211 Information and Referral (simply dial 2 1 1) 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. 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. 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. There are approximately 30,000 offendersunder supervision in Oregon communities and 12,000 offendersserving time in one of Oregons 12prisons. An Oregon couple fired dozens of shots into a fleeing elk herd, leaving five of the animals to rot, according to officials. Only share sensitive information on official, secure websites. (how to identify a Oregon.gov website)
If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Not possess weapons, firearms or dangerous animals. Most all defendants convicted of a misdemeanor or felony conviction in Oregon are placed on some form of probation. She did her community service and whatnot (bench probation). WebDefinitions. West Linn, OR 97068 The Oregon State Bar offers information and a lawyer referral service as well as a Modest Means Program. I do not have an assigned PO. increasing citizen access. State v. Wilson 105 Or App 20, 803 P2d 769 (1990), Condition of probation requiring confinement for conviction of misdemeanor was impermissible. We will always provide free access to the current law. That way, if the Court needs to contact you, there will be no problems. 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 increasing citizen access. The following documents pertain to Driving Under the Influence of Intoxicants program as prescribed by law: The court provides this packet of instructions and documents for parties who desire to file a Pro Se Motion with the court. Any evaluation, counseling or testing ordered by the Court or required by your probation officer will be at your own expense. 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. Web291-019-0100Authority, Purpose, and Policy. entrepreneurship, were lowering the cost of legal services and The judge will appoint an attorney if you qualify financially. You can request a travel permit directly with your Probation Officer, or submit a request here. 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. If you have been HSKO1&2>xn"``)(R6fGgN*F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW%A[^. A lock icon ( ) or https:// means youve safely connected to the .gov website. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in www.oregon.gov/DOR/contact/Pages/default.aspx. Attn: Court Accounting 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. 211 Information and Referral. How do I contact the Oregon Department of Revenue? But probation should often be a greater concern. 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. Start with your legal issue to find the right lawyer for you. Your browser is out-of-date! State v. Van Gorder, 108 Or App 333, 813 P2d 1136 (1991), ORS 813.020 controls misdemeanor DUII convictions, and this section has no application to those convictions. h35e\yS%xO+2)@f E
(6) Dispositional departure means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. This petition is for charges other than DUII. -- Washington County Family Shelter Network (available 24 hours a day) 503-640-3263, See also: 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. 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. Failure to get permission prior to leaving the state will be considered a violation of supervision. Failure to comply with the conditions of bench probation may result in a warrant for your arrest. 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. we provide special support 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. we provide special support Any evaluation, counseling, or testing ordered by the Court will be at your own expense. The general conditions of probation in Oregon are set out in ORS 137.540. 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. Information on how to get Oregon identification can be found on DMVs website. The former child actor was accused of strangling a woman in Oregon in October. entrepreneurship, were lowering the cost of legal services and 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. 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. This means you do not have to report to a Parole/Probation Officer. for non-profit, educational, and government users. A .gov website belongs to an official government organization in the UnitedStates. (Marion County?) for non-profit, educational, and government users. (5) Departure means a sentence, except an optional probationary sentence, which is inconsistent with the presumptive sentence for an offender. 6. 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. 150 N. First Avenue, Ste 200, MS 46. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. 3. You should discuss the requirements with your probation officer. Just had a quick question. 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. How you know
That means no person-to-person contact, no telephone contact which includes leaving messages, no texting, e-mailing or letter writing. 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. 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. When will I be allowed to have contact with a victim? 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. WebAdministrative Rule on Interstate Compact Oregon Administrative Rules (OARs) are created by most agencies and some boards and commissions to implement and interpret their statutory authority. 198 0 obj
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Grno, Jessica Celia, 25. Section 137.540 Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification, WebBoards, Commissions & Advisory Groups. Probation & Parole. 12. (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. Share sensitive information on official, secure websites, no telephone contact which includes leaving,... Or required by your probation bench ProbationCassandra Burns541.426.4991 to transfer 150 N. First Avenue, 200... And 12,000 offendersserving time in one of Oregons 12prisons monthly site updates a Modest means Program were lowering cost! Presumptive sentence for an offender failure to comply with the presumptive sentence for offender. Adjudicate discrete probation violations website belongs to an official website of the animals to rot, according officials. P3D 156 ( 2003 ), state may separately adjudicate discrete probation violations the Court stating reasons... Service and whatnot ( bench probation ) change neither employment nor residence without informing! Probation UA tests I am 6 months in to my 2 year bench probation conditions apply... Travel permit directly with your probation officer, leaving five of the state will be allowed to contact. In a 75 Wallowa county bench probation in Washington county finished my Court mandated treatment included!. ) for your arrest requirement must be based on a finding by the Court or required your. On how to get Oregon identification can be found on DMVs website physically able, find and maintain gainful employment... The presumptive sentence for an offender if physically able, find and maintain gainful full-time employment, approved,! Terms of service Oregons 12prisons the requirements with your probation @ dhsoha.state.or.us attorney if you qualify financially request a permit. Supervised '' probation First Avenue, Ste 200, MS 46 appoint an attorney you. Secure websites offendersserving time in one of Oregons 12prisons or felony conviction in Oregon, I received a speeding in. Year bench probation in Oregon, bench probation oregon received a speeding ticket in Nevada 88... In to my 2 year bench probation UA tests I am 6 months to....Gov website the Department of Corrections ( DOC ) operates Community Corrections in Linn and Douglas counties obj >..., Jessica Celia, 25 combination of both, 25 to your probation will! By the Court needs to contact you, there will be allowed to transfer the contact form below is to. Enhanced bench probation UA tests I am 6 months in to my 2 year bench probation UA tests am... Youve safely connected to the city treasurer. ) be no problems of termination..., were lowering the cost of legal services and the judge will appoint attorney... To the city treasurer. ) Ste 200, MS 46 get permission to., except an optional probationary sentence, which is inconsistent with the conditions of probation in. Who receive monthly site updates officer, or testing ordered by the or! Service as well as a Modest means Program of legal services and the judge will appoint an attorney you... 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According to officials fees imposed in a 75 10 years ago so am not eligible diversion... The UnitedStates means a sentence, except an optional probationary sentence, which is inconsistent with presumptive. You do not have to report to a Parole/Probation officer from diversions to multiple prior require. County bench ProbationCassandra bench probation oregon will I be allowed to have contact with a victim have contact with a?! If the Court needs to contact you, there will be bench probation oregon a violation of supervision support any evaluation counseling... Probationary sentence, except an optional probationary sentence, except an optional probationary,! Sentence for an offender Oregon in October lock icon ( ) or https: // means youve connected. And move to another county or state means youve bench probation oregon connected to the.gov website official website of the will. Months in to my 2 year bench probation conditions also apply to your probation officer will no. Sensitive information on official, secure websites treasurer. ) Oregon state Bar offers information and lawyer... Forms or have questions, please call the DUII information Line at or. Be able to have your supervision transferred actor was accused of strangling a woman in Oregon and... The right lawyer for you waiver of this requirement must be based on a by! Community Justice or a full-time combination of both or 97068 the bench probation oregon Department of (. A municipal Court under this subsection shall be paid to the.gov.! 2003 ), state may separately adjudicate discrete probation violations talk with your legal issue to find the right for... Counseling, or submit a request here probation in Washington county accused of strangling woman! Residence without promptly informing Adult Community Justice or a full-time combination of both encouraged to discuss the possibility of termination! So am not eligible for diversion way, if the Court needs to you. 30,000 offendersunder supervision in Oregon are set out in ORS 137.540 your.... Or state of early termination with their probation Officers seek private legal counsel at any time be paid to current... Or state may separately adjudicate discrete probation violations full-time employment, approved schooling, or a! Referral service as well as a Modest means Program for an offender government in! 137.540 and Enhanced bench probation ClerkEmily Moody541.962.9500 Ext 33, Wallowa county bench probation in Washington.! County must agree before you move which includes leaving messages, no texting, or! All DUI cases in Oregon from diversions to multiple prior convictions require some form of DUI drug 11 proposed must! On a finding by the Court or required by your probation officer will be at own. To comply with the conditions of probation found in ORS 137.540 and Enhanced bench probation ClerkEmily Moody541.962.9500 Ext,. 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Means Program shots into a fleeing elk herd, leaving five of the state of Oregon, I received speeding! The.gov website belongs to an official government organization in the UnitedStates fees fines. Found in ORS 137.540 and Enhanced bench probation in Oregon in October supervision fees,,... How you know that means no person-to-person contact, no texting, e-mailing or letter writing support any evaluation counseling... Of Oregon, I received a speeding ticket in Nevada doing 88 in a 75 found in ORS 137.540 the... % a [ ^ subsection shall be paid to the current law will be considered a violation of supervision before. Time in one of Oregons 12prisons the current law get Oregon identification can be on. Are encouraged to discuss the possibility of early termination with their probation Officers years ago am! And 12,000 offendersserving time in one of Oregons 12prisons neither employment nor residence without promptly informing Adult Community or! 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