or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712, the

419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712, the Department of Corrections or the supervisory authority of a county shall transfer the person to the physical custody of the Oregon Youth Authority for placement as provided in ORS 420.011 (3). The terms and conditions of the person�s incarceration and custody are governed by ORS 420A.200 to 420A.206. Notwithstanding ORS 137.320, the sheriff may by agreement with the Department of Corrections or the supervisory authority of a county transfer the person described in this subsection directly to a youth correction facility for physical custody without first delivering the person to the Department of Corrections or supervisory authority of the county. As part of the agreement with the Department of Corrections or supervisory authority of the county, the sheriff may designate the county juvenile department or the Oregon Youth Authority to conduct the direct transfer described in this paragraph if the sheriff has entered into a written agreement with the county juvenile department, the Oregon Youth Authority, or both, to provide the direct transfer.

����� (b) Notwithstanding ORS 137.320, when a person under 16 years of age is waived under ORS 419C.349 (1)(b), 419C.352, 419C.364 or 419C.370 and subsequently is sentenced to a term of imprisonment in the county jail, the sheriff shall transfer the person to a youth correction facility for physical custody as provided in ORS 420.011 (3).

����� (7) Notwithstanding the provisions of subsection (5)(a)(A) of this section, the department or the supervisory authority of a county may not transfer the physical custody of the person under subsection (5)(a)(A) of this section if the Director of the Oregon Youth Authority, after consultation with the Department of Corrections or the supervisory authority of a county, determines that, because of the person�s age, mental or emotional condition or risk of physical harm to other persons, the person should not be incarcerated in a youth correction facility.

����� (8) Notwithstanding any other provision of this section, under no circumstances may a person under 18 years of age be incarcerated in a Department of Corrections institution.

����� (9) If a defendant is transferred under subsection (5) or (6) of this section, the defendant shall also be transferred after a resentencing on the same charges resulting from an appellate decision or a post-conviction relief proceeding or for any other reason, even if the defendant is 20 years of age or older at the time of the resentencing.

����� (10) For the purposes of determining the person�s age at the time of committing an offense under this section:

����� (a) If the person is convicted of two or more offenses occurring on different days, the person�s age shall be calculated using the earliest date.

����� (b) If the person is convicted of an offense occurring within a range of dates, the person�s age shall be calculated using the date at the beginning of the range. [1967 c.585 �4; 1971 c.743 �325; 1973 c.836 �262; 1985 c.631 �5; 1987 c.320 �30; 1993 c.33 �299; 1993 c.546 �118; 1995 c.422 ��57,57a; 1995 c.423 �12a; 1999 c.109 �5; 2013 c.355 �1; 2014 c.31 �1; 2017 c.134 �1; 2019 c.213 �22; 2019 c.634 �2; 2023 c.117 �1]

����� Note: Section 2, chapter 117, Oregon Laws 2023, provides:

����� Sec. 2. (1) Notwithstanding section 32, chapter 634, Oregon Laws 2019, as amended by section 3c, chapter 635, Oregon Laws 2019, and section 4, chapter 685, Oregon Laws 2019, the amendments to ORS