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OREGON CRIMINAL JUSTICE COMMISSION
OREGON CRIMINAL JUSTICE COMMISSION
DIVISION 7
PLEA AGREEMENTS
213-007-0001
Permissible Plea Agreements
The sentencing judge shall comply with the rules of this division when accepting a negotiated plea as a plea agreement for any offense committed on or after the effective date of these rules.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-007-0001
213-007-0002
Criminal History
(1) An offender's criminal history classification shall be accurately represented to the sentencing judge in the plea agreement.
(2) If a controversy exists as to the inclusion of a prior conviction or juvenile adjudication in an offender's criminal history or as to the classification of a prior conviction or juvenile adjudication, the district attorney and defense may stipulate to the inclusion, exclusion or classification of the conviction or juvenile adjudication as part of a plea agreement subject to the approval of the sentencing judge.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-007-0002
213-007-0003
Stipulated Grid Block
(1) Subject to the provisions of OAR 213-007-0002 and the approval of the sentencing judge, the district attorney and defense may stipulate to the grid block classification within the Sentencing Guidelines Grid which will provide the presumptive sentence for the offender.
(2) If the sentencing judge accepts the stipulated grid block classification and imposes a sentence other than the presumptive sentence for the stipulated grid block, the sentence is a departure.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f.12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-007-0003
213-007-0004
Stipulated Presumptive Sentence
(1) The district attorney and the defense may stipulate to a specific sentence within the presumptive sentence range for the stipulated grid block classification.
(2) If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-007-0004
213-007-0005
Stipulated Non-Presumptive Sentence
(1) The district attorney and defense may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification.
(2) If the parties stipulate to an optional probationary sentence, the sentencing judge may accept the plea agreement only after making the findings as required by OAR 213-005-0006.
(3) If the parties stipulate to a departure sentence, the sentencing judge may accept the plea agreement if the judge finds on the record substantial and compelling reasons for the departure.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-007-0005
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