(1) The sentencing information required to be provided to the Commission under ORS 137.010(9) shall be submitted in accordance with this rule.
(2) For each sentence imposed for a felony, sentencing information shall be submitted to the Criminal Justice Commission:
(a) In an electronic format approved by order of the Chief Justice of the Supreme Court of Oregon; or
(b) If no electronic format is available, on a paper sentencing report form developed by the staff of the Criminal Justice Commission in accordance with this rule and approved by the Chief Justice of the Supreme Court of Oregon prior to distribution for use by trial courts.
(3) The sentencing information submitted shall include the following:
(a) Offender identification information;
(b) Court processing information;
(c) Offense conviction information for each crime of conviction;
(d) The crime category on the Crime Seriousness Scale (as described in OAR 213-017-0000–213-017-0011) and the criminal history category on the Criminal History Scale (as described in OAR 213-004-0007) for each crime of conviction;
(e) For each crime of conviction, a description of the sentence imposed, including:
(A) The prison term of incarceration and the term of post-prison supervision; or
(B) The duration of probation, number of sanction units, any term of jail incarceration and whether treatment or evaluation was ordered as part of probation.
(f) The total amount of financial obligations associated with the sentences;
(g) If multiple sentences are imposed, whether the sentences are to be served consecutively;
(h) Whether a statutory sentence outside the guidelines has been imposed; and
(i) If a departure sentence is imposed, the type of departure (durational, dispositional, or durational and dispositional) and each aggravating or mitigating factor relied upon to impose the departure sentence.
Stat. Auth.: ORS 137.667 - 137.669
Stats. Implemented: ORS 137.667 - 137.669 & 137.010(9)
Hist.: SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89; SSBG 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-013-0001; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 1-2006, f. & cert. ef. 4-12-06
Minimum Contents of Presentence Reports
Except as provided by section (9), each presentence report prepared for an offender to be sentenced for one or more felonies committed on or after November 1, 1989, shall at a minimum include the following information:
(1) A summary of the factual circumstances of the crime or crimes of conviction and an appropriate classification of each crime of conviction on the Crime Seriousness Scale (Division 17). If the crime of conviction is subclassified in Division 18 or 19, the presentence report shall state the factual circumstances that justify the proposed subclassification.
(2) A listing of all prior adult felony and Class A misdemeanor convictions and all prior juvenile adjudications and an assessment of the appropriate classification of the criminal history on the Criminal History Scale pursuant to OAR 213-004-0006 to 213-004-0013.
(3) An analysis of the disposition that is most likely to reduce the defendant’s criminal conduct and why such disposition would have the desired effect.
(4) An assessment of the availability to the defendant of any relevant programs or treatment, both in and out of custody, whether provided by the Department or another entity.
(5) A proposed grid block classification for each crime of conviction and the presumptive sentence for each crime of conviction.
(a) If the proposed grid block classification is a grid block above the dispositional line, the presentence report shall state the presumptive prison term range and the presumptive duration of post-prison supervision;
(b) If the proposed grid block classification is Grid Block 8-G, 8-H or 8-I, the presentence report shall state whether the offender is eligible for an optional probationary sentence. If the offender is eligible, the presentence report may include a recommendation that an optional probationary sentence be imposed with a further recommendation for the appropriate conditions of probation designed to reduce future criminal conduct.
(c) If the proposed grid block classification is a grid block below the dispositional line, the presentence report shall provide the following information:
(A) The presumptive term of probation;
(B) The maximum number of sanction units that may be imposed and the number of sanction units that may be used to impose jail time as part of the probationary sentence;
(C) A recommendation for the appropriate conditions of probation including both custody and non-custody conditions; and
(D) Any other information relevant to the imposition of a presumptive sentence as provided by these rules.
(6) A victim statement as required by ORS 137.530(2).
(7) A recommendation as to whether a departure from the guidelines is appropriate. If a recommendation is made, the presentence report shall indicate the aggravating or mitigating factors upon which the departure recommendation is made. Such recommendations shall be consistent with the requirements for departures as defined by OAR 213-008-0001 to 213-008-0007.
(8) Any additional information as provided upon request of the sentencing judge.
(9) The sentencing judge may waive the requirement for any information necessary to establish the presumptive sentence if that information has been made part of an accepted plea agreement.
Stat. Auth.: ORS 137.656 - 137.667
Stats. Implemented: ORS 137.656 - 137.669; SB 914 (2005)
Hist.: SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-013-0010; Administrative Correction 8-26-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 4-2010, f. 12-13-10, cert. ef. 1-1-12
Format For Presentence Reports
The format for all presentence reports for offenders convicted of a felony committed on or after November 1, 1989, shall be as provided by the Department.
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1989, f. 10-17-89, cert. ef. 11-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-013-0011
State Archives • 800 Summer St. NE • Salem, OR 97310