Title 137 · ORS Chapter 137
in 2013]
Citation: ORS 137.143
Section: 137.143
137.143 in 2013]
����� 137.289 [2011 c.597 �33; 2013 c.685 �21; renumbered 137.146 in 2013]
����� 137.290 [1987 c.905 �1; 1991 c.460 �14; 1993 c.33 �300; 1993 c.637 �1; 1993 c.770 ��1,3; 1995 c.555 �1; 1997 c.872 �27; 1999 c.1051 �127; 1999 c.1056 �1d; 1999 c.1095 �6; 2003 c.737 �112; 2003 c.819 �11; 2005 c.843 �21; 2007 c.899 ��1,2; repealed by 2011 c.597 �118]
����� Note: Section 1 (2), chapter 89, Oregon Laws 2012, provides:
����� Sec. 1. (2) The repeal of ORS 137.290 by section 118, chapter 597, Oregon Laws 2011, applies to an offense only if the offense was committed on or after January 1, 2012, or, if the offense was committed before January 1, 2012, if the offense arises from the actions of a person who was under 18 years of age at the time of the offense and who was not waived to circuit court for prosecution as an adult under ORS 419C.340. Except as provided in this section, any offense committed before January 1, 2012, shall continue to be governed by ORS 137.290 as in effect immediately before January 1, 2012, and all amounts collected as a unitary assessment for offenses committed before January 1, 2012, shall be deposited in the Criminal Fine Account. [2012 c.89 �1(2); 2021 c.597 �36a(2)]
����� 137.291 [2011 c.597 �34; 2013 c.685 �22; renumbered 137.149 in 2013]
����� 137.292 [2011 c.597 �35; 2013 c.685 �23; renumbered 137.153 in 2013]
����� 137.293 [1987 c.905 �2; 2011 c.597 �123; renumbered 137.288 in 2011]
����� 137.294 [2011 c.597 �36; 2013 c.685 �24; renumbered 137.155 in 2013]
����� 137.295 [1987 c.905 �3; 1991 c.460 �13; 1993 c.33 �301; 1995 c.782 �3; 1997 c.761 �10; 1999 c.1051 �128; 1999 c.1064 �1; 2001 c.823 ��22,23; 2003 c.687 ��2,3; 2005 c.564 ��4,5; 2007 c.626 �2; 2007 c.899 ��3,4; repealed by 2011 c.597 �118]
����� 137.296 [2011 c.597 �37; 2013 c.685 �25; renumbered 137.157 in 2013]
����� 137.297 [2011 c.597 �38; 2013 c.685 �26; renumbered 137.159 in 2013]
(Criminal Fine Account)
����� 137.300 Criminal Fine Account; rules. (1) The Criminal Fine Account is established in the General Fund. Except as otherwise provided by law, all amounts collected in state courts as monetary obligations in criminal actions shall be deposited by the courts in the account. All moneys in the account are continuously appropriated to the Department of Revenue to be distributed by the Department of Revenue as provided in this section. The Department of Revenue shall keep a record of moneys transferred into and out of the account.
����� (2) The Legislative Assembly shall first allocate moneys from the Criminal Fine Account for the following purposes, in the following order of priority:
����� (a) Allocations for public safety standards, training and facilities.
����� (b) Allocations for criminal injuries compensation and assistance to victims of crime and children reasonably suspected of being victims of crime.
����� (c) Allocations for the forensic services provided by the Oregon State Police, including, but not limited to, services of the Chief Medical Examiner.
����� (d) Allocations for the maintenance and operation of the Law Enforcement Data System.
����� (3) After making allocations under subsection (2) of this section, the Legislative Assembly shall allocate moneys from the Criminal Fine Account for the following purposes:
����� (a) Allocations to the Law Enforcement Medical Liability Account established under ORS 414.815.
����� (b) Allocations to the State Court Facilities and Security Account established under ORS 1.178.
����� (c) Allocations to the Department of Corrections for the purpose of planning, operating and maintaining county juvenile and adult corrections programs and facilities and drug and alcohol programs.
����� (d) Allocations to the Oregon Health Authority for the purpose of grants under ORS 430.345 for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services provided through a county.
����� (e) Allocations to the Oregon State Police for the purpose of the enforcement of the laws relating to driving under the influence of intoxicants.
����� (f) Allocations to the Arrest and Return Account established under ORS 133.865.
����� (g) Allocations to the Intoxicated Driver Program Fund established under ORS 813.270.
����� (h) Allocations to the State Court Technology Fund established under ORS 1.012.
����� (4) It is the intent of the Legislative Assembly that allocations from the Criminal Fine Account under subsection (3) of this section be consistent with historical funding of the entities, programs and accounts listed in subsection (3) of this section from monetary obligations imposed in criminal proceedings. Amounts that are allocated under subsection (3)(c) of this section shall be distributed to counties based on the amounts that were transferred to counties by circuit courts during the 2009-2011 biennium under the provisions of ORS 137.308, as in effect January 1, 2011.
����� (5) Moneys in the Criminal Fine Account may not be allocated for the payment of debt service obligations.
����� (6) The Department of Revenue shall deposit in the General Fund all moneys remaining in the Criminal Fine Account after the distributions listed in subsections (2) and (3) of this section have been made.
����� (7) The Department of Revenue shall establish by rule a process for distributing moneys in the Criminal Fine Account. The department may not distribute more than one-eighth of the total biennial allocation to an entity during a calendar quarter. [1987 c.905 �6; 2001 c.829 ��1,1a; 2005 c.700 �2; 2011 c.597 �52; 2012 c.89 �14; 2013 c.40 �2; 2013 c.628 �10; 2013 c.685 �27; 2017 c.151 �2; 2017 c.712 �5; 2021 c.591 �31; 2024 c.70 �58]
����� Note: 137.300 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 137.301 Legislative findings. The Legislative Assembly finds that:
����� (1) Systems critical components of the Oregon criminal justice system exist that require the highest priority considerations for funding from the Criminal Fine Account.
����� (2) The systems critical components of the Oregon criminal justice system are interrelated and essential to the initiation and successful conclusion of criminal investigations.
����� (3) The interests of victims of crime and other Oregonians are advanced by the ability of the public safety community to respond professionally to reports of criminal activity and to successfully investigate criminal cases in a manner that protects the constitutional rights of all Oregonians.
����� (4) The effective training of police officers, corrections officers, parole and probation officers and other first responders increases the likelihood that crimes will be solved quickly and that the needs of victims of crime will be met.
����� (5) The collection of evidence at crime scenes, the forensic processing of the evidence by qualified, well-trained technicians and the work of medical examiners are critical statewide functions that allow all Oregonians an equal opportunity to justice.
����� (6) The collection of criminal information such as that retained in the Law Enforcement Data System enhances the ability of investigators to identify criminals and the unnamed victims of violent crimes.
����� (7) Timely intervention on behalf of victims of crime through effective assistance programs makes recovery from victimization possible and is necessary to the well-being of Oregonians adversely affected by violent crime. [2005 c.700 �1; 2011 c.597 �52b]
����� Note: 137.301 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 137.302 [2001 c.829 �2; repealed by 2005 c.700 �3]
����� 137.303 [1987 c.905 �7; 1989 c.904 �49; 1991 c.460 �2; 1993 c.741 �1; 1993 c.770 ��2,4; 1995 c.555 ��2,3; 1997 c.872 �28; 1999 c.1056 ��2,2c; 1999 c.1084 �38; 2001 c.624 �13; repealed by 2001 c.829 �10]
����� 137.304 [1999 c.1095 �8; 1999 c.1095 ��9,10,11; repealed by 2001 c.829 �10]
����� 137.305 [1987 c.905 �8; 1991 c.460 �15; 1993 c.637 �4; 1993 c.770 �6; 1995 c.440 �2; 1997 c.872 �29; 1999 c.867 �9; repealed by 2001 c.829 �10]
����� 137.306 [1989 c.860 ��1,6; 1993 c.14 �5; repealed by 1993 c.196 �12]
����� 137.307 [1989 c.860 ��2,3,5; 1991 c.203 �1; repealed by 1993 c.196 �12]
����� 137.308 [1989 c.860 �4; 1993 c.196 �4; 1993 c.637 �14; 1999 c.1051 �255; 2005 c.804 �5; 2009 c.856 ��6,33; repealed by 2011 c.597 �118]
����� 137.309 [1991 c.778 ��4,5; 1993 c.14 �6; 1993 c.196 �1; 1993 c.637 ��13,13a; 1999 c.1051 �254; 2003 c.687 �4; 2005 c.804 �6; repealed by 2011 c.597 �118]
EXECUTION OF JUDGMENT
(Imprisonment)
����� 137.310 Authorizing execution of judgment; detention of defendant. (1) When a judgment has been pronounced, a certified copy of the entry thereof in the register shall be forthwith furnished by the clerk to the officer whose duty it is to execute the judgment; and no other warrant or authority is necessary to justify or require its execution.
����� (2) The defendant may be arrested and detained in any county in the state by any peace officer and held for the authorities from the county to which the execution is directed. Time spent by the defendant in such detention shall be credited toward the term specified in the judgment. [Amended by 1961 c.358 �1; 1967 c.372 �4; 1985 c.540 �37]
����� 137.315 Electronic telecommunication of notice of judgment authorized. Whenever it is necessary that a copy of the entry of judgment against a defendant be delivered to the Department of Corrections or any other correctional authority of this state, or to the correctional authority of any political subdivision of this state, the court or the sheriff may transmit notice of the judgment by electronic telecommunication. The notice of judgment shall serve as authority for imprisonment under this chapter. The notice need not be a duplicate or photographic copy of judgment, but if it is not a duplicated or photographic copy, then it must be followed in due course by a duplicate or photographic copy with a notation that notice had been sent previously. [1987 c.251 �2]
����� 137.320 Delivery of defendant when committed to Department of Corrections; credit on sentence. (1) Except as provided in ORS 137.124, when a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of the entry of judgment and a statement signed by the sheriff of the number of days the defendant was imprisoned prior to delivery, to the superintendent of the Department of Corrections institution to which the defendant is initially assigned pursuant to ORS 137.124. If at the time of entry of a judgment, the defendant was serving a term of incarceration at the direction of the supervisory authority of a county upon conviction of a prior felony, the sheriff shall also deliver to the Department of Corrections a copy of the prior entry of judgment committing the defendant to the supervisory authority of the county of conviction and a statement of the number of days the defendant has remaining to be served on the term or incarceration imposed in the prior judgment.
����� (2) If the defendant is surrendered to another legal authority prior to delivery to an institution of the Department of Corrections, the sheriff shall forward to the Department of Corrections copies of the entry of all pertinent judgments, a statement of the number of days the defendant was imprisoned prior to surrender, a statement of the number of days the defendant has remaining to be served on any term of incarceration the defendant was serving at the direction of the supervisory authority of a county upon conviction of a prior felony and an identification of the authority to whom the prisoner was surrendered.
����� (3) Upon receipt of the information described in subsection (1) or (2) of this section, the Department of Corrections shall establish a case file and compute the defendant�s sentence in accordance with the provisions of ORS 137.370.
����� (4) When the judgment is imprisonment in the county jail or a fine and that the defendant be imprisoned until it is paid, the judgment shall be executed by the sheriff of the county. The sheriff shall compute the time the defendant was imprisoned after arrest and prior to the commencement of the term specified in the judgment. Such time shall be credited toward the term of the sentence. [Amended by 1955 c.660 �14; 1967 c.232 �1; 1967 c.585 �5; 1971 c.619 �1; 1973 c.631 �1; 1981 c.424 �1; 1987 c.320 �34; 1995 c.423 �29; 2014 c.31 �2]
����� 137.330 Where judgment of imprisonment in county jail is executed. (1) Except as provided in ORS