Bill Text: OR SB730 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to crime; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2011-06-30 - Effective date, June 30, 2011. [SB730 Detail]

Download: Oregon-2011-SB730-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 730

LC 2935/SB 730-2

                      SENATE AMENDMENTS TO
                         SENATE BILL 730

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 29

  On page 3 of the printed bill, line 17, after '2011' insert ' ,
and before July 1, 2013'.
  On page 5, delete lines 16 through 18 and insert:
  '  { +  SECTION 5. + } ORS 137.545, as amended by section 32,
chapter 660, Oregon Laws 2009, and section 1 of this 2011 Act, is
amended to read:
  ' 137.545. (1) Subject to the limitations in ORS 137.010 and to
rules of the Oregon Criminal Justice Commission for felonies
committed on or after November 1, 1989:
  ' (a) The period of probation shall be as the court determines
and may, in the discretion of the court, be continued or
extended.
  ' (b) The court may at any time discharge a person from
probation.
  ' (2) At any time during the probation period, the court may
issue a warrant and cause a defendant to be arrested for
violating any of the conditions of probation. Any parole and
probation officer, police officer or other officer with power of
arrest may arrest a probationer without a warrant for violating
any condition of probation, and a statement by the parole and
probation officer or arresting officer setting forth that the
probationer has, in the judgment of the parole and probation
officer or arresting officer, violated the conditions of
probation is sufficient warrant for the detention of the
probationer in the county jail until the probationer can be
brought before the court or until the parole and probation
officer or supervisory personnel impose and the offender agrees
to structured, intermediate sanctions in accordance with the
rules adopted under ORS 137.595. Disposition shall be made during
the first 36 hours in custody, excluding Saturdays, Sundays and
holidays, unless later disposition is authorized by supervisory
personnel. If authorized by supervisory personnel, the
disposition shall take place in no more than five judicial days.
If the offender does not consent to structured, intermediate
sanctions imposed by the parole and probation officer or
supervisory personnel in accordance with the rules adopted under
ORS 137.595, the parole and probation officer, as soon as
practicable, but within one judicial day, shall report the arrest
or detention to the court that imposed the probation. The parole
and probation officer shall promptly submit to the court a report
showing in what manner the probationer has violated the
conditions of probation.
  ' (3) Except for good cause shown or at the request of the
probationer, the probationer shall be brought before a magistrate
during the first 36 hours of custody, excluding holidays,
Saturdays and Sundays. That magistrate, in the exercise of
discretion, may order the probationer held pending a violation or
revocation hearing or pending transfer to the jurisdiction of
another court where the probation was imposed. In lieu of an
order that the probationer be held, the magistrate may release
the probationer upon the condition that the probationer appear in
court at a later date for a probation violation or revocation
hearing. If the probationer is being held on an out-of-county
warrant, the magistrate may order the probationer released
subject to an additional order to the probationer that the
probationer report within seven calendar days to the court that
imposed the probation.
  ' (4) When a probationer has been sentenced to probation in
more than one county and the probationer is being held on an
out-of-county warrant for a probation violation, the court may
consider consolidation of some or all pending probation violation
proceedings pursuant to rules made and orders issued by the Chief
Justice of the Supreme Court under ORS 137.547:
  ' (a) Upon the motion of the district attorney or defense
counsel in the county in which the probationer is held; or
  ' (b) Upon the court's own motion.
  ' (5)(a) For defendants sentenced for felonies committed prior
to November 1, 1989, and for any misdemeanor, the court that
imposed the probation, after summary hearing, may revoke the
probation and:
  ' (A) If the execution of some other part of the sentence has
been suspended, the court shall cause the rest of the sentence
imposed to be executed.
  ' (B) If no other sentence has been imposed, the court may
impose any other sentence which originally could have been
imposed.
  ' (b) For defendants sentenced for felonies committed on or
after November 1, 1989, the court that imposed the probationary
sentence may revoke probation supervision and impose a sanction
as provided by rules of the Oregon Criminal Justice Commission.
 { - If the defendant was sentenced to a presumptive period of
probation, the court may not impose a term of incarceration that
exceeds 60 days as a revocation sanction unless the revocation is
the result of the defendant's conviction for a new crime. - }
  ' (6) Except for good cause shown, if the revocation hearing is
not conducted within 14 calendar days following the arrest or
detention of the probationer, the probationer shall be released
from custody.
  ' (7) A defendant who has been previously confined in the
county jail as a condition of probation pursuant to ORS 137.540
or as part of a probationary sentence pursuant to the rules of
the Oregon Criminal Justice Commission may be given credit for
all time thus served in any order or judgment of confinement
resulting from revocation of probation.
  ' (8) In the case of any defendant whose sentence has been
suspended but who has not been sentenced to probation, the court
may issue a warrant and cause the defendant to be arrested and
brought before the court at any time within the maximum period
for which the defendant might originally have been sentenced.
Thereupon the court, after summary hearing, may revoke the
suspension of sentence and cause the sentence imposed to be
executed.
  ' (9) If a probationer fails to appear or report to a court for
further proceedings as required by an order under subsection (3)
of this section, the failure to appear may be prosecuted in the
county to which the probationer was ordered to appear or report.
  ' (10) The probationer may admit or deny the violation by being
physically present at the hearing or by means of simultaneous
electronic transmission as described in ORS 131.045.
  ' (11) The victim has the right:
  ' (a) Upon request made within the time period prescribed in
the notice required by ORS 147.417, to be notified of any hearing
before the court that may result in the revocation of the
defendant's probation for a felony or person Class A misdemeanor.
The notification shall be provided by:

  ' (A) The district attorney if the defendant is not supervised
by the supervisory authority or if the defendant is supervised by
the supervisory authority and the district attorney initiates a
request with the court for a probation violation or revocation
hearing.
  ' (B) The supervisory authority if the defendant is supervised
by the supervisory authority and the supervisory authority
initiates a request with the court for a probation violation or
revocation hearing.
  ' (b) To appear personally at the hearing.
  ' (c) If present, to reasonably express any views relevant to
the issues before the court.
  ' (12) As used in this section:
  ' (a) 'Person Class A misdemeanor' has the meaning given that
term in the rules of the Oregon Criminal Justice Commission.
  ' (b) 'Supervisory authority' has the meaning given that term
in ORS 144.087.
  '  { +  SECTION 6. + }  { + (1) The amendments to ORS 137.545
by section 5 of this 2011 Act become operative on July 1, 2013.
  ' (2) The amendments to ORS 137.545 by section 5 of this 2011
Act apply to crimes committed on or after July 1, 2013. + }
  '  { +  SECTION 7. + }  { + This 2011 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act
takes effect on its passage. + } ' .
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