The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON CRIMINAL JUSTICE COMMISSION

 

DIVISION 12
CONCURRENT AND CONSECUTIVE SENTENCES


213-012-0010
Concurrent and Consecutive Sentences
When multiple convictions have been entered against a single defendant, the sentencing judge may impose consecutive or concurrent sentences as provided by ORS 137.123 and 137.370.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: 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 253-012-0010; CJC 1-1999, f. & cert. ef. 11-1-99
213-012-0020
Consecutive Sentences
(1) When the sentencing
judge imposes multiple sentences consecutively, the consecutive sentences shall
consist of an incarceration term and a supervision term.
(2)(a) Subject
to the provisions of subsection (b) of this section, the presumptive incarceration
term of the consecutive sentences is the sum of:
(A) The presumptive
incarceration term or the prison term defined in OAR 213-008-0005(1) imposed pursuant
to a dispositional departure for the primary offense, as defined in OAR 213-003-0001(17);
and
(B) Up to
the maximum incarceration term indicated in the Criminal History I Column for each
additional offense imposed consecutively.
(b) The total
incarceration term of the consecutive sentences, including the incarceration term
for the primary offense, shall not exceed twice the maximum presumptive incarceration
term or the prison term defined in OAR 213-008-0005(1) imposed pursuant to a dispositional
departure of the primary sentence except by departure as provided by OAR 213-008-0007.
(c) The incarceration
term of any probationary sentence is the maximum jail sentence that could be imposed
as provided by these rules as part of the probationary sentence for that offense.
(3)(a) If
the court imposes a sentence that includes a term of incarceration that exceeds
12 months and the term is to be served consecutively to a term of incarceration
of 12 months or less for a felony that was imposed in a previous proceeding, the
defendant shall serve any remaining part of the previously imposed term of incarceration
in the legal and physical custody of the Department.
(b) If the
court imposes a felony sentence that includes a term of incarceration that is 12
months or less and the term is to be served consecutively to a term of incarceration
that exceeds 12 months that was imposed in a previous proceeding or in the same
proceeding, the court shall commit the defendant to the legal and physical custody
of the Department.
(4) The supervision
term of consecutive sentences shall be:
(a) The presumptive
post-prison supervision term imposed for the primary offense if the sentence for
any offense includes a prison term; or
(b) The presumptive
probation term of each offense if no sentence includes a prison term. All presumptive
probation terms imposed as provided by this subsection shall run concurrently.
(5) Sections
(1), (2), and (3) of this rule shall not apply to any sentence imposed on a dangerous
offender under ORS 161.725 and 161.737, nor shall sections (2) and (3) apply to
consecutive sentences imposed for crimes that have different victims.
(6) Notwithstanding
section (3)(b) of this rule, terms of incarceration 12 months or less imposed pursuant
to ORS 166.070(2) shall be served in the legal and physical custody of the Department.
Stat. Auth.: ORS
137.667

Stats. Implemented:
ORS 137.667 –137.669 & 1999 OL Ch. 1011 (HB 2273); 166.070(2)

Hist.: SSGB
1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f. & cert. ef. 9-15-93;
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 253-012-0020; CJC 1-1997(Temp), f. & cert. ef. 8-13-97; CJC
3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99;
CJC 4-2012, f. & cert. ef. 10-16-12
213-012-0030
Sentences
Imposed Consecutively to a Prior Remaining Sentence
(1) When a sentence
is imposed consecutively to a sentence imposed in a prior proceeding, the incarceration
term of the new sentence is added to the remaining incarceration term of the prior
sentence. If any sentence includes a prison term, the incarceration term of all
sentences shall be served in prison.
(2)(a) Notwithstanding
paragraph (1) of this section, if the court imposes a sentence that includes a term
of incarceration that exceeds 12 months and the term is to be served consecutively
to a term of incarceration of 12 months or less that was imposed in a previous proceeding,
the defendant shall serve any remaining part of the previously imposed term of incarceration
in the legal and physical custody of the Department.
(b) If the
court imposes a felony sentence that includes a term of incarceration that is 12
months or less and the term is to be served consecutively to a term of incarceration
that exceeds 12 months that was imposed in a previous proceeding or in the same
proceeding, the court shall commit the defendant to the legal and physical custody
of the Department.
(3) When
a sentence is imposed consecutively to a sentence imposed in a prior proceeding,
the supervision term or terms of the new sentence shall be served concurrently with
the prior sentence as follows:
(a) If the
supervision term of the new sentence is a term of probationary supervision, the
supervision shall begin at the date of sentencing.
(b) If the
supervision term of the new sentence is a term of post-prison supervision, the supervision
term shall begin upon the completion of the incarceration term of the combined sentences,
or upon release pursuant to ORS 421.508(3).
(4) Notwithstanding
section (2)(b) of this rule, terms of incarceration 12 months or less imposed pursuant
to ORS 166.070(2) shall be served in the legal and physical custody of the Department.
Stat. Auth.: ORS
137.667

Stats. Implemented:
ORS 137.667 –137.669 & 1999 OL Ch. 1011 (HB 2273); 166.070(2)

Hist.: SSGB
1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93;
SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96,
Renumbered from 253-012-0030; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999,
f. & cert. ef. 11-1-99; CJC 4-2012, f. & cert. ef. 10-16-12
213-012-0040
Multiple Supervision Terms
(1) If the offender has been sentenced to multiple terms of post-prison supervision, the terms of post-prison supervision shall be served as a single term. The maximum sanction for a post-prison supervision violation in such a case shall be limited as provided by OAR 213-011-0004 for a single term of post-prison supervision.
(2) When an offender is serving multiple terms of probationary supervision, the sentencing judge may impose revocation sanctions for supervision violations as provided by OAR 213-010-0002 for the violation of each separate term of probationary supervision.
(a) If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.
(b) If more than one term of probationary supervision is revoked for separate supervision violations, the sentencing judge may impose the incarceration sanctions concurrently or consecutively.
Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Hist.: 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 253-012-0040; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use