An official website of the State of Oregon 4. Be sure to talk with your officer before you move. Obey all laws, municipal, county, state and federal. Your browser is out-of-date! hnF_e$h=@dY$l. This can help avoid disputes later when, say, that law enforcement representative makes a false accusation against you either that you didnt do something you were supposed to, or you did something you werent supposed to. Join thousands of people who receive monthly site updates. When you are on bench probation, it is essential that you notify the Court of any change of address. WebBench probation is probation to the court which is monitored by the probation clerk. 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. 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. endstream endobj 199 0 obj <>/Metadata 14 0 R/Pages 196 0 R/StructTreeRoot 30 0 R/Type/Catalog>> endobj 200 0 obj <>/MediaBox[0 0 612 792]/Parent 196 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 201 0 obj <>stream WebHow to Obtain a DUII Treatment Completion Certificate Oregon Residents: Residents of Other States: How to Submit Forms: Questions? Layne, Carla Annette, 46. However, there is a fine warrant for a little over $360 for restitution. State v. Peterson, 116 Or App 418, 841 P2d 666 (1992), Trial court could not require defendant to submit to personal search by police as condition of probation where statute specifically limits such searches to probation officers. https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-003-0001 "YvD VFRDx!5$Z 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. Its bench probation. Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ You can also use this form to update your address endstream endobj 203 0 obj <>stream Any evaluation, counseling, or testing ordered by the Court will be at your own expense. It may later be changed with court approval to another county or state. If the office is closed, you must report back to the office in person on the next business day. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in FAQs of probation and parole supervision. A monthly probation fee is one of the conditions of probation, unless it is waived by the Court or by the probation officer. Court (Bench) Probation A defendant sentenced to probation through the courts is not assigned a probation officer. If your conviction is not domestic violence related the requirements may differ. (2) (a) Subject to OAR 213-003-0001 (Definitions) (8) and paragraph (e) of this section, the sentencing judge may without departure impose a duration of bench State v. Stanford, 100 Or App 303, 786 P2d 225 (1990), Although court may prohibit defendant from possessing and owning firearms as condition of probation, court may not confiscate and destroy defendant's firearms under this section. 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. Only share sensitive information on official, secure websites. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendations of the evaluator. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. https://oregon.public.law/rules/oar_213-005-0008. How you know It has known security flaws and may not display all features of this and other websites. A .gov website belongs to an official government organization in the UnitedStates. An official website of the State of Oregon I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ)), the conditions are as follows: Your first resource is your probation officer, if you have on assigned. NOTE: To view attachments referenced in rule text, click here to view rule. Your probation officer will be able to answer your questions and help you through the process. Formal probation is commonly known as "supervised" probation. 8. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), A probationer retains all civil liberties except those which are taken away as conditions of probation and the standard against which the validity of conditions imposed is to be measured is whether they bear a reasonable relationship to the reformation of the offender or the protection of the public; overruling State v. Davis/Travis, 9 Or App 412, 496 P2d 923 (1972), Sup Ct review denied. WebCommunity Corrections Probation and Parole Services Probation and Parole Supervision FAQ FAQs of probation and parole supervision. to find out whether the Judge would consider a modification of the original judgment of conviction; so that the period of bench probation is shortened (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. Neighborhood Association Committees (NACs) South Beaverton NAC. Informal probation is referred to as bench probation. It is important to keep the court advised of your current mailing address and phone number WebThe Parole and Probation Division supervises individuals that have committed crimes and have been sentenced to a period of community supervision by a court or parole board. An official website of the State of Oregon . Page Monitored Misdemeanor Program Personal History You can fill the Personal History form here for Monitored Misdemeanor Program. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. (6) Dispositional departure means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. 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. You will remain under the jurisdiction of the Court for the length of probation. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ) In person: Cashiers can accept cash, checks or money orders, payable to the State of Oregon. In either case, a Probation Officer monitors conditions imposed by the Oregon Board of Parole and Post-Prison Supervision. 229 0 obj <>stream My sister got into some trouble when she was about 18 years old. Any evaluation, counseling or testing ordered by the Court or required by your probation officer will be at your own expense. Learn how, 1900 NE Hwy. Salem, OR 97302. 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. Layne, Carla Annette, 46. If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. www.oregon.gov/DOR/contact/Pages/default.aspx. You may seek private legal counsel at any time. Do not use or possess controlled substances except pursuant to a medical prescription. Failure to report, obey court orders or rules and regulations of Intake Officer will result in your case being returned to the Court for further action and possibly a warrant for your arrest. In addition, You could be sentenced to the maximum term in jail if you fail to comply with your probation. WebYour judge gave you instructions to IMMEDIATELY schedule Victims Panel; to report to the DUII Evaluators within 25 days; to schedule your jail time (if any); and to start paying a 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. 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. 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 Community Corrections can be used as an alternative or enhancement to incarceration. But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. State v. Brown, 122 Or App 632, 857 P2d 915 (1993), Sup Ct review denied, Prohibiting probationer in child endangerment case from residing with spouse if spouse used illegal drugs did not impermissibly interfere with marriage right. (1) Bench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. 2. WebBench warrant meeting requirements of ORS 137.060 is sufficient for purposes of this section. %PDF-1.5 % Very common. State v. Allen, 12 Or App 455, 506 P2d 528 (1973), Sup Ct review denied, The fact that defendant's conviction is for an attempt to commit theft would not preclude the court from conditioning probation upon restitution of the amount actually taken, even though a larger amount. State v. 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