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

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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-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 730

Sponsored by COMMITTEE ON JUDICIARY

                     CHAPTER ................

                             AN ACT

Relating to crime; creating new provisions; amending ORS 137.545
  and sections 48 and 49, chapter 660, Oregon Laws 2009; and
  declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 137.545, as amended by section 32, chapter 660,
Oregon Laws 2009, 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.

Enrolled Senate Bill 730 (SB 730-A)                        Page 1

  (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.

Enrolled Senate Bill 730 (SB 730-A)                        Page 2

  (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 2.  { + The amendments to ORS 137.545 by section 1 of
this 2011 Act apply to crimes committed on or after July 1, 2011,
and before July 1, 2013. + }
  SECTION 3. Section 48, chapter 660, Oregon Laws 2009, as
amended by section 5, chapter 2, Oregon Laws 2010, is amended to
read:
   { +  Sec. 48. + } (1)(a) Section 18, chapter 660, Oregon Laws
2009, becomes operative on the date that is 60 days after July 1,
2009.
  (b) The Department of Corrections, the Judicial Department, the
State Board of Parole and Post-Prison Supervision and the
district attorneys of this state may take any action before the
operative date specified in paragraph (a) of this subsection that
is necessary to enable the departments, board or district
attorneys to exercise, on or after the operative date specified
in paragraph (a) of this subsection, all the duties, functions
and powers conferred on the departments, board or district
attorneys by chapter 660, Oregon Laws 2009.
    { - (2) The amendments to ORS 137.545 by section 32, chapter
660, Oregon Laws 2009, become operative on July 1, 2011. - }
    { - (3) - }  { +  (2) + } The amendments to ORS 137.717,
 { - 137.721 and - } 164.162  { + and 475.935 + } by sections 8,
9 and 15, chapter 660, Oregon Laws 2009, become operative on
February 15, 2010.
    { - (4) - }  { +  (3) + } ORS 144.730, 423.150 and 475.933
and the amendments to ORS 137.717,   { - 137.721 and - }  164.162
 { + and 475.935 + } by sections 11, 14 and 16, chapter 660,
Oregon Laws 2009, become operative on January 1, 2012.
    { - (5) - }  { +  (4) + } The amendments to ORS 421.121 by
section 19, chapter 660, Oregon Laws 2009, become operative on

Enrolled Senate Bill 730 (SB 730-A)                        Page 3

 { - the effective date of this 2010 Act - }  { +  February 17,
2010 + }.
  SECTION 4. Section 49, chapter 660, Oregon Laws 2009, as
amended by section 6, chapter 2, Oregon Laws 2010, is amended to
read:
   { +  Sec. 49. + } (1) ORS 144.285 applies to prisoners
convicted of aggravated murder or murder that was committed
before, on or after July 1, 2009, and whose petition for a change
in the terms of confinement is denied on or after January 1,
2010.
  (2) ORS 144.280 applies to prisoners sentenced for a crime
committed prior to November 1, 1989, and who are denied parole on
or after January 1, 2010.
  (3) The amendments to ORS 144.125, 144.228 and 144.232 by
sections 3 to 5, chapter 660, Oregon Laws 2009, apply to
prisoners:
  (a) Whose release date is postponed under ORS 144.125 on or
after January 1, 2010.
  (b) For whom the State Board of Parole and Post-Prison
Supervision is unable to set a release date under ORS 144.228 or
144.232 on or after January 1, 2010.
  (4) The amendments to ORS 137.717,   { - 137.721 and - }
164.162  { + and 475.935 + } by sections 8, 9 and 15, chapter
660, Oregon Laws 2009, apply to sentences imposed:
  (a) On or after February 15, 2010; and
  (b) For crimes committed on or after January 1, 2009, and
before January 1, 2012.
  (5) ORS 475.933 and the amendments to ORS 137.717,
 { - 137.721 and - }  164.162  { + and 475.935 + } by sections
11, 14 and 16, chapter 660, Oregon Laws 2009, apply to sentences
imposed for crimes committed on or after January 1, 2012.
  (6) The amendments to ORS 421.121 by section 17, chapter 660,
Oregon Laws 2009, apply to inmates who:
  (a) Are sentenced for a crime committed:
  (A) On or after July 1, 2009; and
  (B) Before   { - the effective date of this 2010 Act - }  { +
February 17, 2010 + }; and
  (b) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
  (7) The amendments to ORS 421.121 by section 19, chapter 660,
Oregon Laws 2009, apply to inmates who:
  (a) Are sentenced for a crime committed on or after   { - the
effective date of this 2010 Act - }   { + February 17, 2010, + }
and before July 1, 2011; and
  (b) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
  (8) The amendments to ORS 137.545 by section 20, chapter 660,
Oregon Laws 2009, apply to crimes committed before July 1, 2011.
  (9) Section 21, chapter 660, Oregon Laws 2009, applies to
persons:
  (a) Convicted of a crime committed before July 1, 2011; and
  (b) Who are on probation on or after the effective date of the
rules adopted by the Department of Corrections under section 21
(3), chapter 660, Oregon Laws 2009.
  (10) Section 31, chapter 660, Oregon Laws 2009, applies to
crimes committed:
  (a) On or after February 15, 2010; and
  (b) Before January 1, 2012.

Enrolled Senate Bill 730 (SB 730-A)                        Page 4

    { - (11) The amendments to ORS 137.545 by section 32, chapter
660, Oregon Laws 2009, apply to crimes committed on or after July
1, 2011. - }
    { - (12) - }   { + (11) + } ORS 163.168 and the amendments to
ORS 163.165 and 163.235 by sections 39 and 43, chapter 660,
Oregon Laws 2009, apply to conduct occurring on or after July 1,
2009.
    { - (13) - }   { + (12) + } Except as provided in subsection
 { - (14) - }   { + (13) + } of this section, section 23, chapter
660, Oregon Laws 2009, applies to persons:
  (a) Convicted of a crime committed before July 1, 2011; and
  (b) Sentenced to the legal and physical custody of the
supervisory authority under ORS 137.124 (2).
    { - (14)(a) - }   { + (13)(a) + } A person sentenced to the
legal and physical custody of a supervisory authority under ORS
137.124 (2) shall serve an active period of post-prison
supervision of at least two additional months if, on July 1,
2009, the person has served:
  (A) Four months or more of active post-prison supervision for
crimes in crime categories 1 to 3; or
  (B) Ten months or more of active post-prison supervision for
crimes in crime categories 4 to 10.
  (b) Except as provided in paragraph (c) of this subsection, the
supervisory authority shall place an offender described in
paragraph (a) of this subsection on inactive supervision status
on the date that is two months after July 1, 2009.
  (c) At any time before the date that is two months after July
1, 2009:
  (A) The parole and probation officer responsible for
supervising an offender described in paragraph (a) of this
subsection may send a report described in section 23 (3), chapter
660, Oregon Laws 2009, to the supervisory authority for review;
and
  (B) After reviewing the report, the supervisory authority may
extend the active post-prison supervision period in accordance
with section 23 (4), chapter 660, Oregon Laws 2009.
  (d) Section 23, chapter 660, Oregon Laws 2009, and the
provisions of this subsection and subsection   { - (13) - }
 { + (12) + } of this section do not apply to a person sentenced
to the legal and physical custody of a supervisory authority
under ORS 137.124 (2) whose term of active post-prison
supervision imposed by the sentencing court expires on or before
the date that is two months after July 1, 2009.
  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

Enrolled Senate Bill 730 (SB 730-A)                        Page 5

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

Enrolled Senate Bill 730 (SB 730-A)                        Page 6

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. + }
                         ----------

Enrolled Senate Bill 730 (SB 730-A)                        Page 7

Passed by Senate June 29, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 30, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 730 (SB 730-A)                        Page 8

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 730 (SB 730-A)                        Page 9