(11) Juvenile adjudication means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony. WebNotwithstanding ORS 137.540 (Conditions of probation), if a person who holds a registry identification card is sentenced to probation, supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the court would impose Once restitution is ordered, the defendant will make restitution payments to the Clerk of the Court who will then issue a check to you. Learn WebBench probation is probation to the court which is monitored by the probation clerk. 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. Parole and post-prison supervision the community supervision that follows a period of incarceration in a state prison. I just finished my court mandated treatment which included weekly UAs. (17) Primary offense means the offense of conviction with the highest crime seriousness ranking. 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. You are also not allowed to contact the person through a third-party, such as a friend or relative. Promptly and truthfully answer all reasonable inquiries by the Court. 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. State v. Jones, 90 Or App 176, 750 P2d 1211 (1988), Where submission to searches as condition of probation is authorized only if probation officer has reasonable grounds to believe that search will disclose evidence of probation violation, search imposed to verify compliance with conditions of probation fails to conform to statute. Your Probation Officer may be able to provide verification of your social security number and address. OAR 213- 012-0040 (2) (a). Call 503-846-8888 and follow the instructions. How do I contact the Oregon Department of Revenue? WebBoards, Commissions & Advisory Groups. Most people facing conviction of a crime in Oregon are worried about jail. Pay supervision fee, fines, restitution, or other fees ordered by the Court. nglP"/KK;!Ka{M93'0'CJ#h-f(k>Hk-lgQSfWYV ~,OD HD&Xb0K+ {R1=r._cFp! In either case, a Probation Officer monitors conditions imposed by the Oregon Board of Parole and Post-Prison Supervision. WebOregon has two types of probation: formal and informal. we provide special support 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 (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. There is no guarantee the transfer will be approved. An Oregon couple fired dozens of shots into a fleeing elk herd, leaving five of the animals to rot, according to officials. A Uniform Plea Petition is required when a defendant intends to enter a plea to a charge and proceed to sentencing. In addition, It is important to keep the court advised of your current mailing address and phone number 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 you violate the rules and are found in violation of probation, you can actually face a similar to worse penalty than you received on the underlying criminal charge. Learn how, 1900 NE Hwy. 99E Suite EMcMinnville, OR 97128, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability. Zavalas v. Dept. Neighborhood Association Committees (NACs) South Beaverton NAC. A .gov website belongs to an official government organization in the UnitedStates. 229 0 obj <>stream The judge will appoint an attorney if you qualify financially. WebPersons currently on probation and being supervised by the Mental Health Unit of the Multnomah County Department of Community Justice, Probation Department; Persons currently on unsupervised probation (bench probation) referred by the supervising judge. WebCommunity Corrections, with a staff of seven parole and probation officers, supervises adult criminal offenders sentenced to probation by a court or released to post-prison supervision from a correctional facility. 11. we provide special support You can also use this form to update your address Not possess weapons, firearms or dangerous animals. WebBench probation is probation to the court which is monitored by the probation clerk. 5. To qualify, an offender must suffer from 1 of the following afflictions: Office: 503-846-3730. 14. 2. Grno, Jessica Celia, 25. State v. Caffee, 116 Or App 23, 840 P2d 720 (1992), Sup Ct review denied, Retroactive application of amended version of this section violates constitutional proscription against ex post facto laws, because amended version of this section exposes defendant to greater punishment than defendant faced when defendant committed offense. When will I be allowed to have contact with a victim? Washington County Circuit Court I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-005-0008 (10) Grid block means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offenders criminal history classification. An official website of the State of Oregon It is important to keep the court advised of your current mailing address and phone number Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. Learn 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 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.. Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency. entrepreneurship, were lowering the cost of legal services and Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). Obey all municipal, county, state, and federal laws. If you have been Once youre placed on probation, there are a number of rules you must follow. The three individuals, all from Mosier, also face the penalties of bench probation, forfeiture of the animals meat and heads, and hunting suspensions, the agency said. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. %%EOF 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. ]. How do I transfer my supervision to another County? But probation should often be a greater concern. However, a good general rule whenever you are dealing with government officials who work in law enforcement is to either communicate with them in writing (so that theres a record of exactly what was said), or to take very detailed notes of exactly when you spoke with them and what information was conveyed. 3. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: State v. Walker, 77 Or App 464, 713 P2d 612 (1986), Sup Ct review denied, When defendant is placed on probation and, as condition of that probation, he is ordered to serve 180 days, with 165 days suspended, trial court may require him to serve that 165 days when he violates conditions of probation, and still continue probation. Nationwide, as of 2016, there were an estimated 4,537,100 adults under community supervision (probation or parole). Through social If the office is closed, you must report back to the office in person on the next business day. When you are on bench probation, it is essential that you notify the Court of any change of address. (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.525 (6). Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. Layne, Carla Annette, 46. If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. Of Oregon's 36 counties, the Department of Corrections (DOC) operates Community Corrections in Your browser is out-of-date! 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. Its bench probation. (Marion County?) 7. When you are on bench probation, all special conditions, including the payment of court fees, need to be completed no later than 90 days prior to the end of the probation period. Hn@HY,{.UQ$ BBYX({)^pwzKoPY[^}ralH#!RW%"@v|xIdS.5{Zd0Ky/ State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Where, as condition of probation, defendant was required to take Antabuse but order did not make condition subject to medical approval as required by this section and orders concerning urine, blood and breath tests and polygraph tests did not list terms and limitations required by this section, remand for resentencing was required. State v. Stephens, 47 Or App 305, 614 P2d 1180 (1980), Trial court had no authority to require defendant to pay probation fee. One may also be placed on post-prison supervision following revocation of felony probation and a period of incarceration in a local jail. WebIf you have been placed on bench probation you must contact Washington County Community Corrections to sign up for a group intake to get a referral. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied, Authority of probation officer to conduct home visit does not encompass authority to conduct search. WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. Probation & Parole. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. There is no law requiring courts to impose one type of probation over the other. (8) Durational departure means a sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation. %PDF-1.5 % 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 6. State v. Harding, 116 Or App 29, 840 P2d 113 (1992), Sup Ct review denied, This statute reflects legislative policy that trial courts should have maximum flexibility to determine conditions of probation and modify those conditions "at any time." (4) Department means the Department of Corrections. That way, if the Court needs to contact you, there will be no problems. You can also apply for early termination of any term of community control or house arrest if you have served at least fifty percent of your sentence. increasing citizen access. If the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. Its important to plan ahead and request a travel permit several days before you plan to travel as the request can take time to process. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). hbbd``b`$k@D`e i PtA(8$We[B,F g+ We will always provide free access to the current law. 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. Location: Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. endstream endobj startxref (2) Board means the State Board of Parole and Post-Prison Supervision. 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. 3. Its bench probation. If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. 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