Text Size:   A+ A- A   •   Text Only
Find     
Site Image

Sentencing Under Oregon's Felony
Sentencing Guidelines 
  1. Determine the crime seriousness ranking of the offense(s). The ranking is established by rule, and constitutes the vertical axis on the grid. Some crimes have more than one ranking to capture different levels of conduct within a crime (e.g., weapon use, age of victim, etc.). The rankings range from 1 to 11, with 11 being the most serious.
  2. Establish the offender’s criminal history category. Categories are established by rule, and use the offender’s adult convictions for felonies and Class A misdemeanors, and juvenile adjudications for conduct that would be a felony if committed by an adult. Criminal history categories constitute the horizontal axis of the grid (A-I, with A being the most serious). The guidelines put additional weight on person offenses (categories A-D).
  3. Identify the presumptive sentence. The presumptive sentence is the sentence in the gridblock at the intersection of the offender’s crime seriousness ranking and criminal history category. The presumptive sentence should be imposed in the typical case. Sentences in non-typical cases are handled with departures.
  4. Identify any grounds for a departure. Sentences may be modified through the "departure" process. Departures can be dispositional (prison or probation), durational (increase or decrease in length) or both. The judge must find a "substantial and compelling" reason to impose each departure. The rules establish limits on upward departures, to maintain the consistency and proportionality of the sentencing structure.
  5. Impose the sentence. Probation sentences generally include conditions, such as jail time, treatment, restitution and others. Generally, two-thirds of the presumptive jail term is reserved to sanction conditions of supervision. All prison sentences must be followed by a term of post-prison supervision, the length of which is established by rule. Other statutory sentencing laws may apply (BM 11, Repeat Property Offenders, Gun Minimum, etc.).
 
 
Examples:
  • Defendant is convicted of Possession of a Controlled Substance, and has no prior convictions or juvenile adjudications. The person’s gridblock is 1-I, which carries a presumptive sentence of 30 days in jail, a maximum of 90 jail and non-jail sanction units (see rule 213-005-0007), and 18 months of probation. The maximum departure sentence is a 12-month "prison" sentence, which would be served in local facilities under SB 1145.
  • Defendant is convicted of Unauthorized Use of Motor Vehicle. The person has four prior convictions for non-person felonies. Because the vehicle was valued at less than $10,000, the gridblock is 3-E. The presumptive sentence is 60 days in jail, a maximum of 120 jail and non-jail sanction units and 24 months probation. The maximum departure sentence is 24 months in prison, followed by two years of post-prison supervision. The person might be subject to the 13-month presumptive sentence in the Repeat Property Offender statute, depending on the type of prior convictions.
  • Defendant is convicted of Assault 1, and has two prior convictions for person felonies. The gridblock is 10-B, which has presumptive prison sentence of 116-120 months. The Measure 11 minimum sentence is 90 months. The judge can impose the presumptive sentence, but may use the departure process to reduce the prison term down to the 90-month BM 11 minimum sentence. An upward departure for a longer prison sentence also is available.