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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 38

PRE-SENTENCE REPORTS 

291-038-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish the criteria for a uniform presentence report format for use by the sentencing court and the Board of Parole and Post-Prison Supervision in accordance with requirements of ORS 144.791. If no presentence report is prepared, the Department of Corrections shall prepare a report of similar content for the Board of Parole and Post-Prison Supervision in accordance with ORS 144.185.

(3) Policy: The Department of Corrections realizes the importance of identifying and reporting current and valid information concerning convicted offenders; further, it is imperative that the preparation and presentation of this information is accomplished in a standard, consistent manner and meets the requirements specified in ORS 144.791. The presentence report shall provide information such that it is a useful tool in the supervision and management of the offender and in reducing future criminal conduct.

Stat. Auth.: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98; DOC 10-2010, f. & cert. ef. 9-8-10

291-038-0010

Definitions

Victim: ORS 137.530 defines a victim as "the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent."

Stat Auth: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98

291-038-0015

Procedures

(1) When a person is convicted of a felony and the court requests a presentence report, the county community corrections office shall furnish a presentence report to the sentencing court.

(2) If a presentence report has previously been prepared with respect to the defendant, the local community corrections office shall furnish a copy of that report, and a supplemental report bringing it up to date, to the sentencing court.

(3) The presentence report shall include:

(a) 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 in accordance with Criminal Justice Commission rules OAR 213-017-000 to 213-017-0011. If the crime of conviction is subclassified in accordance with Criminal Justice Commission rules 291-018-0000 to 2913-018-0090 and 213-019-0000 to 213-019-0015, the presentence report shall state the factual circumstances that justify the proposed subclassification.

(b) 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 in accordance with Criminal Justice Commission rules OAR 213-004-0006 to 213-004-0013.

(c) 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.

(d) 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 of Corrections or another entity.

(e) 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:

(i) The presumptive term of probation;

(ii) The maximum number of custody units that may be imposed and the number of custody units that may be used to impose jail time as part of the probationary sentence;

(iii) A recommendation for the appropriate conditions of probation including both custody and non-custody conditions; and

(iv) Any other information relevant to the imposition of a presumptive sentence as provided by these rules.

(f) Contain a recommendation as to whether a departure from the guidelines is appropriate. If the 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 Criminal Justice Commission rule OAR 213-008-0007.

(g) Contain recommendations with respect to the sentencing of the defendant, including incarceration or alternatives to incarceration, restitution, special conditions, in-custody or community-based treatment programs, and post-prison supervision.

(h) Contain such additional information as the court may request upon consultation with the district attorney and the defendant or defense counsel. All recommendations shall be for the information of the court and shall not limit the sentencing authority of the court.

[ED. NOTE: Attachments referenced are available from the agency.]

Stat. Auth.: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98; DOC 10-2010, f. & cert. ef. 9-8-10

291-038-0030

Presentence Report - Victim Contact

When a presentence report is made, the preparer of the report shall:

(1) Make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim. If contacting the victim directly might be detrimental, and if a statement about the effect of the crime on the victim can be gathered through another method, such as through a victim advocate, the writer may use professional judgment in deciding how to include a victim statement in the report.

(2) If the victim is under 18 years of age, obtain the consent of the victim's parents of guardian before contacting the victim.

(3) Include the statement of the victim in the presentence investigation report.

(4) If unable to contact the victim or if the victim declines to make a statement, report that he/she was unable to contact the victim after making reasonable efforts to do so, or if the contact was made with the victim, that the victim declined to make a statement.

(5) Before taking a statement from the victim, inform the victim that the statement will be made available to the defendant and the defendant's counsel prior to sentencing as required under ORS 137.079. The report shall be recorded in the Corrections Information System to be accessed by authorized personnel.

Stat Auth: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98

291-038-0040

Post-Sentence Reports

If the defendant is committed to the custody of the Department of Corrections without a presentence report, the Department shall prepare a report of similar content to the presentence report at the request of and for submission to the Board of Parole and Post-Prison Supervision.

Stat Auth: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98

291-038-0050

Presentence Report Disclosure

The presentence report is not a public record and shall be made available only to the court, district attorney, defendant or defendant's counsel, community corrections staff in the county of supervision, and the Board of Parole and Post-Prison Supervision.

Stat Auth: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98

291-038-0060

Presentence Report - Format, Content Preparation

(1) The format and content of the presentence report may be found in the Corrections Information System. The report shall be recorded in the Corrections Information System to be accessed by authorized personnel.

(2) If in the course of conducting the investigation, mental health or substance abuse evaluations or assessment have been completed, results shall be summarized in the report. The full evaluation or assessment may be attached for the court's consideration.

(3) Each community corrections department shall establish a time line for completion of the presentence report. The presentence report will be submitted to the court a minimum of five judicial days in advance of the date set for sentencing.

Stat Auth: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 32-1986, f. & ef. 9-19-86; DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98

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