Title 137 · ORS Chapter 137
137.288] ����� Note: 137.143 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 Ore
Citation: ORS 137.288
Section: 137.288
137.288]
����� Note: 137.143 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.
����� 137.145 Definitions for ORS 137.145 to 137.159. As used in ORS 137.145 to 137.159:
����� (1) �Criminal judgment� means a judgment of conviction in a criminal action.
����� (2) �Local court� means a justice or municipal court. [2013 c.685 �15]
����� 137.146 Priorities for application of payments on criminal judgments entered in circuit courts. (1) There are five levels of priority for application of payments on criminal judgments entered in circuit courts, with Level I obligations having the highest priority and Level V obligations having the lowest priority. All payments on a criminal judgment entered in a circuit court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full.
����� (2) Except as provided in ORS 137.149, if there is more than one person or public body to whom an obligation is payable under a level, a circuit court shall divide each payment based on each person�s or public body�s proportionate share of the total amount of obligations in that level. [Formerly 137.289; 2022 c.57 �3]
����� 137.147 Priorities for application of payments on criminal judgments entered in local courts. (1) There are four levels of priority for application of payments on criminal judgments entered in local courts, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. All payments on a criminal judgment entered in a local court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full.
����� (2) Except as provided in ORS 137.151, if there is more than one person or public body to whom an obligation is payable under a level, a local court shall divide each payment based on each person�s or public body�s proportionate share of the total amount of obligations in that level. [2013 c.685 �16; 2022 c.57 �4]
����� 137.149 Level I obligations in circuit court judgments. (1) There are two types of Level I obligations in criminal judgments entered in circuit courts:
����� (a) Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101.
����� (b) Type 2 obligations include awards of restitution as defined in ORS 137.103, awards of restitution under ORS 419C.450 and money awards made under ORS 811.706.
����� (2) If a judgment contains both types of Level I obligations, the circuit court shall apply amounts creditable to Type 1 obligations until paid in full. All subsequent amounts creditable to Level I obligations shall be applied against Type 2 obligations until paid in full.
����� (3) If there is more than one person for whose benefit a Type 2 money award has been made, the circuit court shall pay the moneys credited to Type 2 obligations in the following order of priority:
����� (a) If the judgment contains a money award payable to the person or persons against whom the defendant committed the offense, the court shall first pay all moneys credited to Type 2 obligations to those persons, and shall continue to do so until all those obligations are paid in full. If there is more than one person to whom an obligation is payable under this paragraph, the court shall divide each payment under this paragraph based on each person�s proportionate share of the total amount of obligations subject to payment under this paragraph.
����� (b) If the judgment contains a money award payable to the Criminal Injuries Compensation Account, the court shall thereafter transfer moneys credited to Type 2 obligations to the account until the award is paid in full.
����� (c) If the judgment contains a money award payable to any other victims, as defined in ORS