Title 137 · ORS Chapter 137

144.087. [1997 c.313 �15] �� Note: See note under 137.750. �� 137.754 Authority of court to modify judgment to comply with ORS 137.750 and 137.752. Notwithstanding any other provision of

Citation: ORS 144.087

Section: 144.087

144.087. [1997 c.313 �15]

�� Note: See note under 137.750.

�� 137.754 Authority of court to modify judgment to comply with ORS 137.750 and 137.752. Notwithstanding any other provision of law, a sentencing court retains authority after entry of a judgment of conviction to modify its judgment and sentence to comply with the requirements of ORS 137.750 or 137.752 when:

�� (1) The judgment was entered on or after December 5, 1996;

�� (2) The crime of conviction was committed on or after December 5, 1996; and

�� (3) The judgment and sentence failed to comply with the provisions of ORS 137.750 or 137.752. [1997 c.313 �16]

�� Note: See note under 137.750.

SEXUALLY VIOLENT DANGEROUS OFFENDERS

�� 137.765 Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision. (1) As used in this section:

�� (a) �History of sexual assault� means that a person has engaged in unlawful sexual conduct that:

�� (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and

�� (B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.

�� (b) �Sexually violent dangerous offender� means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault and presents a substantial probability of committing a crime listed in subsection (3) of this section.

�� (2) Notwithstanding ORS 161.605, when a person is convicted of a crime listed in subsection (3) of this section, in addition to any sentence of imprisonment required by law, a court shall impose a period of post-prison supervision that extends for the life of the person if:

�� (a) The person was 18 years of age or older at the time the person committed the crime; and

�� (b) The person is a sexually violent dangerous offender.

�� (3) The crimes to which subsection (2) of this section applies are:

�� (a) Rape in the first degree and sodomy in the first degree if the victim was:

�� (A) Subjected to forcible compulsion by the person;

�� (B) Under 12 years of age; or

�� (C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim�s conduct;

�� (b) Unlawful sexual penetration in the first degree; and

�� (c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.163 �1; 2005 c.463 ��11,16; 2007 c.16 �6; 2021 c.82 �8]

�� Note: 137.765 to 137.771 were enacted into law by the Legislative Assembly but were 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.

�� 137.767 Presentence investigation and examination. (1)(a) A court shall order a presentence investigation and an examination of the defendant by a psychiatrist or psychologist upon motion of the district attorney if:

�� (A) The defendant is convicted of a crime listed in ORS 137.765 (3); and

�� (B) In the opinion of the court, there is reason to believe that the defendant is a sexually violent dangerous offender as defined in ORS 137.765.

�� (b) The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility.

�� (2) The state shall pay all costs connected with an examination under this section.

�� (3) The examination performed pursuant to this section must be completed within 30 days if the defendant is in custody or within 60 days if the defendant is not in custody. The court may order extensions not exceeding 30 days. Each psychiatrist or psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is predisposed to commit a crime listed in ORS 137.765 (3) because the defendant has:

�� (a) Psychopathic personality features; and

�� (b) Sexually deviant arousal patterns or interests.

�� (4) No statement made by a defendant under this section may be used against the defendant in any civil proceeding or in any other criminal proceeding.

�� (5) Upon receipt of the examination and presentence reports the court shall set a time for a sentence hearing. At the sentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section.

�� (6) If, after considering the evidence in the case or in the sentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant is a sexually violent dangerous offender, the court shall sentence the defendant as provided in ORS 137.765.

�� (7) The fact that a person is a sexually violent dangerous offender is an enhancement fact, as defined in ORS 136.760, and ORS 136.765 to 136.785 apply to making a determination of the fact. [1999 c.163 �3; 2005 c.463 ��12,17; 2007 c.16 �7]

�� Note: See note under 137.765.

�� 137.769 Defendant�s right to independent examination. (1) When a defendant is examined under ORS 137.767, the defendant may retain a psychiatrist, psychologist or other expert to perform an examination on the defendant�s behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to:

�� (a) The defendant for the purpose of the examination; and

�� (b) All relevant medical and psychological records and reports.

�� (2) If the defendant is financially eligible for appointed counsel at state expense, the defendant may request preauthorization to incur the fees and expenses of a psychiatrist, psychologist or other expert as provided in ORS 135.055 (3). [1999 c.163 �4; 2001 c.962 �97; 2003 c.449 �6]

�� Note: See note under 137.765.

�� 137.771 Resentencing hearing; petition; findings; modification of sentence. (1) No sooner than 10 years after a person sentenced under ORS 137.765 is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the petition. The district attorney may file a response either in support of or in opposition to the petition.

�� (2) Upon filing the petition, the court may order an examination as provided in ORS 137.767. If the court orders an examination and the petitioner is financially eligible for appointed counsel at state expense, the court may appoint counsel for the petitioner, as provided in ORS 135.050, if the court determines that there are substantial or complex issues involved and the petitioner appears incapable of self-representation.

�� (3) The court shall review the petition and may hold a hearing on the petition. However, if the state opposes the petition, the court shall hold a hearing on the petition. In determining whether to amend the judgment, the court shall consider:

�� (a) The nature of the crime for which the petitioner was sentenced to lifetime post-prison supervision;

�� (b) The degree of violence involved in the crime;

�� (c) The age of the victim;

�� (d) The petitioner�s prior history of sexual assault;

�� (e) Whether the petitioner continues to have psychopathic personality features or sexually deviant arousal patterns or interests;

�� (f) Other criminal and relevant noncriminal behavior of the petitioner before and after conviction;

�� (g) The period of time during which the petitioner has not reoffended;

�� (h) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and

�� (i) Any other relevant factors.

�� (4) If the court finds by clear and convincing evidence that the petitioner does not present a substantial probability of committing a crime listed in ORS 137.765 (3), the court shall amend the judgment and impose a lesser sentence.

�� (5) The sentencing court retains authority to modify its judgment and sentence to reflect the results of a resentencing hearing ordered under this section.

�� (6) Not less than five years after the denial of a petition under this section, a person sentenced under ORS 137.765 may petition again for a resentencing hearing under subsections (1) to (5) of this section. [1999 c.163 �7; 2001 c.962 �98]

�� Note: See note under 137.765.

PUBLIC SAFETY GRANT PROGRAMS

(Oregon Public Safety Coordination Grant Program)

�� 137.830 Oregon Public Safety Coordination Grant Program; rules. (1) The Oregon Public Safety Coordination Grant Program is established within the Oregon Criminal Justice Commission to support the coordination of local public safety policy with the goal of reducing individuals� involvement with the criminal justice system.

�� (2) The Oregon Public Safety Coordination Grant Program consists of grants awarded to counties by the commission in the following program areas:

�� (a) The Justice Reinvestment Program described in ORS 137.835;

�� (b) The Oregon Treatment Court Grant Program established under ORS 137.843;

�� (c) The Oregon Behavioral Health Deflection Program established under ORS 430.430;

�� (d) The Improving People�s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231; and

�� (e) Any other grant programs administered by the commission that provide funding consistent with the goals described in this section.

�� (3) If any of the program areas listed in subsection (2) of this section include eligible applicants other than counties:

�� (a) Grants may not be awarded to those entities using the procedures described in this section.

�� (b) The commission shall, prior to releasing a solicitation for applications under the Oregon Public Safety Coordination Grant Program, select the proportion of funds to be set aside for noncounty applicants.

�� (4) An application for a grant under this section must:

�� (a) Be submitted by a local public safety coordinating council convened under ORS 423.560;

�� (b) Include a biennial public safety plan that describes each county�s approach to, and defining goals for, reducing individuals� involvement with the criminal justice system;

�� (c) Include a list of budget allocations that indicates how state and other funds are used to sustain the biennial public safety plan;

�� (d) Indicate each program area listed in subsection (2) of this section for which a county is seeking funding;

�� (e) Include a description of how each selected program area is incorporated in the county�s biennial public safety plan and administered in accordance with standards and best practices; and

�� (f) Include any elements required by statute or rule for each program area listed in subsection (2) of this section for which a county is seeking funding.

�� (5)(a) Grants awarded under this section must be used to support local programming that adheres to a recipient�s biennial public safety plan and to standards or best practices established for any selected program area listed in subsection (2) of this section.

�� (b) Prior to soliciting grants under this section, the commission shall consult with one to three individuals with expertise in the relevant fields of each program area listed in subsection (2) of this section to inform the development of criteria or metrics to ensure local programs that are funded adhere to standards or best practices.

�� (6)(a) During a grant application period established by the commission, the proportion of grant funds available to each county shall be determined in accordance with the statutory requirements for each program area listed in subsection (2) of this section.

�� (b) Eligibility criteria, funding priorities and permitted uses of funds established by statute for each program area listed in subsection (2) of this section apply to grants to counties under this section.

�� (7)(a) The commission shall adopt rules to administer the Oregon Public Safety Coordination Grant Program. At a minimum, the rules must include:

�� (A) A methodology for reviewing and approving grant applications and awarding grants;

�� (B) A process for distributing any unallocated funds;

�� (C) A process for evaluating the efficacy of programs funded by the Oregon Public Safety Coordination Grant Program;

�� (D) Provisions related to requests by grant recipients to adjust their grant awards; and

�� (E) Provisions related to partnerships or collaborations between counties.

�� (b) For grants in program areas listed in subsection (2) of this section for which entities other than counties may apply, any rules adopted by the commission pursuant to the statute establishing the specific program area shall govern the grant application and award process for noncounty applicants.

�� (c) For county applicants, any rules adopted by the commission pursuant to the statute establishing the specific program area, including rules establishing definitions or relating to eligibility criteria, funding priorities and permitted uses of funds, generally apply unless in conflict with this section or a rule adopted pursuant to this section.

�� (8) Counties may request up to 10 percent of program funds for administrative costs.

�� (9)(a) At the conclusion of the grant application period, the commission shall award Oregon Public Safety Coordination Grant Program funds in accordance with rules adopted by the commission.

�� (b) Within one year of awarding grant funds, the commission shall evaluate each grant recipient�s progress related to the biennial public safety plan and defined goals therein and communicate the results of these evaluations to the recipients.

�� (c) Before the conclusion of a biennial grant cycle, the commission shall engage in a final performance evaluation of grant recipients.

�� (d) A county that has demonstrated adherence to the county�s public safety plan and to applicable standards and best practices, met or exceeded defined public safety plan goals and avoided state costs related to public safety, as measured by a final performance evaluation completed by the commission, is eligible to receive supplemental funding from the funds apportioned under ORS 137.835 (2)(b) as follows:

�� (A) The proportion of funds available to a county under this paragraph shall be determined in accordance with the formula used to distribute baseline funding under ORS 423.483.

�� (B) If fewer than 36 counties qualify for the receipt of supplemental funding under this paragraph, the funds that remain shall be redistributed to qualifying counties.

�� (10) As used in this section, �administrative costs� means all costs incurred in the administration of the Oregon Public Safety Coordination Grant Program that are not directly related to the delivery of program services or projects. [2025 c.557 �1]

�� Note: 137.830 becomes operative July 1, 2026, and applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025.

�� Note: 137.830 to 137.868 were enacted into law by the Legislative Assembly but were 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.

�� 137.835 Justice Reinvestment Program; rules. (1)(a) The Oregon Criminal Justice Commission shall administer the Justice Reinvestment Program described in this section to award grants to counties that establish a process to assess individuals involved in the criminal justice system and provide a continuum of community-based sanctions, services and programs that are designed to reduce recidivism and decrease the county�s utilization of imprisonment in a Department of Corrections institution while protecting public safety and holding such individuals accountable.

�� (b) As part of the program described in this section, the commission shall additionally make grants to counties for programs that are designed to reduce recidivism and substance use disorders and that are guided by evidence-based and, if applicable, tribal-based practices, risk and clinical assessment tools or other research-based considerations. The grants may be used to provide supplemental funding for:

�� (A) The operation of local jails;

�� (B) Appropriate treatment services for persons with substance use disorder who are on probation, parole or post-prison supervision; or

�� (C) The intensive supervision of persons with substance use disorder who are on probation, parole or post-prison supervision, including the incarceration of persons with substance use disorder who have violated the terms and conditions of probation, parole or post-prison supervision.

�� (c) The commission shall further establish a program to award supplemental grant funds to counties for downward departure prison diversion programs as part of the program described in this section. The commission shall use any moneys appropriated to the commission for the supplemental grant program described in this paragraph, including any moneys appropriated to or deposited in the Oregon Public Safety Fund established under ORS 137.838 for grants described in this paragraph, to award supplemental grant funds for downward departure prison diversion programs to counties selected by the commission to receive the funds.

�� (2) Funding available to the Justice Reinvestment Program, including funds described in subsection (1)(b) and (c) of this section, shall be apportioned in the following order:

�� (a) No less than 10 percent of grant funds awarded under this section must be distributed to community-based nonprofit organizations that provide services to victims of crime, with priority given to culturally specific organizations and culturally responsive services.

�� (b) No less than 15 percent of grant funds shall be retained by the commission for the purpose of funding local public safety priorities and awarded to grant recipients who meet the goals described in ORS 137.830 (9)(d).

�� (c) Remaining funds shall be apportioned in accordance with the formula used to distribute baseline funding under ORS 423.483.

�� (d) The commission may retain up to three percent of the funds described in paragraph (c) of this subsection to support analysis or evaluation of outcome measures related to public safety in this state.

�� (3)(a) The commission shall regularly evaluate the community-based sanctions, services and programs funded under this section. The commission shall specifically assess:

�� (A) The extent to which each county is reducing utilization of imprisonment in Department of Corrections facilities by offenders convicted of felonies under ORS 137.717,