Title 137 · ORS Chapter 137

163.408, 163.411, 163.427, 163.670, 164.325, 164.415 or 167.017; �� (b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095, 163.107 or 163.115; �� (c) A sentence f

Citation: ORS 163.408

Section: 163.408

163.408, 163.411, 163.427, 163.670, 164.325, 164.415 or 167.017;

�� (b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095, 163.107 or 163.115;

�� (c) A sentence for a crime committed prior to November 1, 1989;

�� (d) A sentence imposed under the provisions of ORS 161.610;

�� (e) A sentence imposed under the provisions of ORS 161.725 and 161.735;

�� (f) A sentence imposed under the provisions of ORS 137.635;

�� (g) A sentence imposed under the provisions of ORS 137.690, 164.061, 475.907, 475.925, 475.930 or 813.011; or

�� (h) A term of supervision subject to ORS 144.103.

�� (5)(a) The Department of Corrections shall adopt rules to carry out the provisions of this section.

�� (b) The rules adopted under this subsection shall include but are not limited to:

�� (A) Rules creating processes for early and ongoing notification of eligibility for an earned reduction in supervision under this section to persons on supervision; and

�� (B) Rules establishing consistent standards for determining when a person on supervision is in compliance with the requirements for, and has succeeded in, earning a reduction in supervision under this section.

�� (c) The supervisory authority shall comply with the rules adopted under this subsection.

�� (6) As used in this section:

�� (a) �Designated drug-related misdemeanor� has the meaning given that term in ORS 423.478.

�� (b) �Designated person misdemeanor� has the meaning given that term in ORS 423.478. [2013 c.649 �17; 2015 c.140 �1; 2017 c.706 �19; 2021 c.450 �1; 2021 c.581 �5]

�� Note: 137.633 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.

DETERMINATE SENTENCES

�� 137.635 Determinate sentences required for certain felony convictions. (1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS 137.120, but, unless it imposes a death penalty under ORS 163.105, the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120 or for any reduction in term of incarceration pursuant to ORS 421.121.

�� (2) Felonies to which subsection (1) of this section applies include and are limited to:

�� (a) Murder in any degree, as defined in ORS 163.107 or 163.115, and any aggravated form thereof.

�� (b) Manslaughter in the first degree, as defined in ORS 163.118.

�� (c) Assault in the first degree, as defined in ORS 163.185.

�� (d) Kidnapping in the first degree, as defined in ORS 163.235.

�� (e) Rape in the first degree, as defined in ORS 163.375.

�� (f) Sodomy in the first degree, as defined in ORS 163.405.

�� (g) Unlawful sexual penetration in the first degree, as defined in ORS 163.411.

�� (h) Burglary in the first degree, as defined in ORS 164.225.

�� (i) Arson in the first degree, as defined in ORS 164.325.

�� (j) Robbery in the first degree, as defined in ORS 164.415.

�� (3) When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section. [1989 c.1 ��2,3; 1991 c.386 �6; 1993 c.692 �5; 1995 c.79 �49; 2003 c.14 �59; 2019 c.635 �9]

�� 137.637 Determining length of determinate sentences. When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer. [1989 c.790 �82; 1995 c.520 �2]

�� Note: 137.637 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.

�� 137.640 [Repealed by 1961 c.359 �1]

�� 137.650 [Repealed by 1961 c.359 �1]

OREGON CRIMINAL JUSTICE COMMISSION

�� 137.651 Definitions for ORS 137.654, 137.656 and 137.658. As used in ORS 137.654, 137.656 and 137.658:

�� (1) �Commission� means the Oregon Criminal Justice Commission.

�� (2) �Criminal justice system� includes all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offenses, the disposition of offenders under the criminal law and the disposition or treatment of juveniles adjudicated to have committed an act which, if committed by an adult, would be a crime. The �criminal justice system� includes police, public prosecutors, defense counsel, courts, correction systems, mental health agencies, crime victims and all public and private agencies providing services in connection with those elements, whether voluntarily, contractually or by order of a court. [1985 c.558 �1; 1995 c.420 �4; 1997 c.433 �1]

�� Note: 137.651 to 137.673 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 137.653 [1985 c.558 �2; 1987 c.879 �18; 1989 c.548 �1; 1993 c.188 �2; repealed by 1995 c.420 �14]

�� 137.654 Oregon Criminal Justice Commission; membership; terms; meetings. (1) There is established the Oregon Criminal Justice Commission consisting of 12 members as follows:

�� (a) The Governor shall appoint the following nine members who are subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution:

�� (A) One member who is an elected district attorney recommended to the Governor by a statewide nonprofit organization representing Oregon district attorneys.

�� (B) One member who is a defense attorney recommended to the Governor by a statewide nonprofit organization representing Oregon criminal defense attorneys.

�� (C) One member who is a county sheriff or chief of police recommended to the Governor by a statewide nonprofit organization representing Oregon sheriffs or chiefs of police.

�� (D) One member who is a community corrections director who is not a sheriff, recommended to the Governor by a statewide nonprofit organization representing Oregon community corrections directors.

�� (E) One member who is a county commissioner recommended to the Governor by a statewide organization representing Oregon county commissioners.

�� (F) One member with experience providing community-based treatment for persons with substance use disorder or a behavioral health condition.

�� (G) One member who is associated with an academic institution and who has research experience in criminal justice or a related field.

�� (H) One member who is a representative of a qualified victim services program, recommended to the Governor by a statewide nonprofit organization whose purpose is to support qualified victim services programs, as defined in ORS 147.600.

�� (I) One member who is a representative of a community-based organization that provides reentry or social services to underserved racial, ethnic or minority communities, recommended to the Governor by an organization that advocates for services that support persons convicted of crimes and families and communities of crime survivors.

�� (b) The President of the Senate shall appoint one Senator as a nonvoting member.

�� (c) The Speaker of the House of Representatives shall appoint one Representative as a nonvoting member.

�� (d) The Chief Justice of the Supreme Court shall appoint a representative of the Judicial Department as a nonvoting member.

�� (2) The Governor shall appoint commission members in accordance with the following principles:

�� (a) Members shall be appointed with consideration of geographic, racial, ethnic and gender diversity and lived experience in the criminal justice system.

�� (b) Not more than half of the members may belong to the same political party. Party affiliation is determined by the appropriate entry on official election registration cards.

�� (3)(a) The term of office of each member is four years or until the end of a legislative member�s legislative term, whichever occurs first. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins immediately upon the expiration of the term of the current member. A member is eligible for reappointment but may serve no more than two consecutive terms.

�� (b) In case of a vacancy for any cause, the appointing authority shall appoint a person to fill the office for the unexpired term. When a person is appointed under this paragraph, the unexpired term may not be considered for purposes of the limitation to two consecutive terms of service.

�� (4) The Governor shall appoint one of the commissioners as chairperson, to serve at the pleasure of the Governor. The members of the commission shall elect from among themselves a vice chairperson who shall preside over meetings and exercise the functions of the chairperson during absence or disability of the chairperson. The chairperson and vice chairperson shall execute the duties determined by the commission to be necessary.

�� (5) The chairperson shall appoint one member, subject to the approval of the commission, to serve on an executive committee with the chairperson and vice chairperson. The executive committee may exercise the powers and responsibilities of the commission between meetings of the commission. All action taken by the executive committee not previously authorized must be submitted to the commission for approval at the next regular or special meeting.

�� (6) A majority of the voting members of the commission constitutes a quorum for the transaction of business.

�� (7) The commission shall meet at least once a month, at a time and place determined by the commission. The commission shall also meet at such other times and places as are specified by the call of the chairperson. If a majority of members, in writing, request a special meeting, the chairperson shall designate a time for a special meeting as requested.

�� (8) The Governor shall appoint an executive director for the commission who shall be in the exempt service and who shall be responsible for the performance of duties assigned by the commission. Subject to the State Personnel Relations Law, the executive director may employ appropriate staff to carry out the duties assigned by the commission.

�� (9) Members of the commission are entitled to expenses as provided in ORS 292.495. Subject to the availability of funds, members of a committee established under ORS 137.658 who are not commission members may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to ORS 292.495 (2). Any legislative members are entitled to payment of compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly.

�� (10) The commission is subject to the provisions of ORS 291.201 to 291.222 and 291.232 to 291.260.

�� (11) The commission shall consult with and seek advice and counsel of the Chief Justice of the Supreme Court and the State Court Administrator on any matter that impacts the operation of the courts. The Chief Justice may have a representative participate in any meeting of the commission. [1995 c.420 �1; 1999 c.172 �1; 2001 c.919 �4; 2019 c.598 �2; 2025 c.557 �33]

�� Note: Sections 34 and 35, chapter 557, Oregon Laws 2025, provide:

�� Sec. 34. A person who is a member of the Oregon Criminal Justice Commission on the effective date of this 2025 Act [July 17, 2025] must be permitted to complete the member�s current term and, if otherwise eligible under ORS 137.654 (3), is eligible for reappointment. [2025 c.557 �34]

�� Sec. 35. Section 34 of this 2025 Act is repealed on January 2, 2030. [2025 c.557 �35]

�� Note: See note under 137.651.

�� 137.655 [1985 c.558 �3; subsections (8) and (9) enacted as 1991 c.885 �6; 1993 c.188 �1; repealed by 1995 c.420 �14]

�� 137.656 Purpose and duties of commission; rules.

(1) The purpose of the Oregon Criminal Justice Commission is to improve the effectiveness and efficiency of state and local criminal justice systems by providing a centralized and impartial forum for statewide policy development and planning.

�� (2) The primary duty of the commission is to develop and maintain a state criminal justice policy and comprehensive, long-range plan for a coordinated state criminal justice system that encompasses public safety, offender accountability, crime reduction and prevention and offender treatment and rehabilitation. The plan must include, but need not be limited to, recommendations regarding:

�� (a) Capacity, utilization and type of state and local prison and jail facilities;

�� (b) Implementation of community corrections programs;

�� (c) Alternatives to the use of prison and jail facilities;

�� (d) Appropriate use of existing facilities and programs;

�� (e) Whether additional or different facilities and programs are necessary;

�� (f) Methods of assessing the effectiveness of juvenile and adult correctional programs, devices and sanctions in reducing future criminal conduct by juvenile and adult offenders;

�� (g) Methods of reducing the risk of future criminal conduct; and

�� (h) The effective utilization of local public safety coordinating councils.

�� (3) Other duties of the commission are:

�� (a) To conduct joint studies by agreement with other state agencies, boards, commissions or Oregon Health and Science University on any matter within the jurisdiction of the commission.

�� (b) To provide Oregon criminal justice analytical and statistical information to federal agencies and serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on state and local sentencing practices.

�� (c) To provide technical assistance and support to local public safety coordinating councils.

�� (d) To prepare the racial and ethnic impact statements described in ORS 137.683 and 137.685.

�� (e) To assess the extent to which each county is reducing racial and ethnic disparities in its correctional population.

�� (4) The commission shall establish by rule the information that must be submitted under ORS 137.010 (9) and the methods for submitting the information. A rule adopted under this subsection must be approved by the Chief Justice of the Supreme Court before it takes effect.

�� (5) The commission may:

�� (a) Apply for and receive gifts and grants from any public or private source.

�� (b) Award grants from funds appropriated by the Legislative Assembly to the commission or from funds otherwise available from any other source, for the purpose of carrying out the duties of the commission.

�� (c) Adopt rules to carry out the provisions of this subsection. [1995 c.420 �3; 1997 c.433 �2; 1999 c.1053 �44; 2005 c.10 �3; 2005 c.503 �11; 2005 c.706 �24; 2007 c.71 �36; 2007 c.682 �3; 2009 c.308 �1; 2013 c.600 ��7,9; 2017 c.614 �7; 2019 c.598 �3; 2025 c.557 �36]

�� Note: The amendments to 137.656 by section 36, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply 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. The text that is operative until July 1, 2026, is set forth for the user�s convenience.

�� 137.656. (1) The purpose of the Oregon Criminal Justice Commission is to improve the effectiveness and efficiency of state and local criminal justice systems by providing a centralized and impartial forum for statewide policy development and planning.