1. 8, 2021). If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. Any evaluation, counseling or testing ordered by the Court or required by your probation officer will be at your own expense. State v. Walker, 77 Or App 464, 713 P2d 612 (1986), Sup Ct review denied, When defendant is placed on probation and, as condition of that probation, he is ordered to serve 180 days, with 165 days suspended, trial court may require him to serve that 165 days when he violates conditions of probation, and still continue probation. Court (Bench) Probation A defendant sentenced to probation through the courts is not assigned a probation officer. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. 3. The judge will appoint an attorney if you qualify financially. You may seek private legal counsel at any time. Specific condition prohibiting entry into marriage without court permission was valid. Comply with any special conditions of probation that are imposed by the supervising officer in accordance with ORS 137.540(8) (The court may order that probation be supervised by the court. An official website of the State of Oregon 150 N. First Avenue, Ste 200, MS 46. State v. Smith, 117 Or App 473, 844 P2d 276 (1992), Court erred in imposing separate probation conditions for merged offenses. Your Probation Officer may be able to provide verification of your social security number and address. The general conditions of probation in Oregon are set out in ORS 137.540. State v. Wanrow, 30 Or App 75, 566 P2d 533 (1977), In trial of defendant convicted of theft and resale of $18,000 antique auto, court order requiring restitution of $18,000 within ninety days as condition of probation did not set forth so short a repayment period as to make condition impossible, was not inconsistent with court's prior finding that defendant was indigent for purposes of appointment of counsel, and was not abuse of discretion. State v. Allen, 12 Or App 455, 506 P2d 528 (1973), Sup Ct review denied, The fact that defendant's conviction is for an attempt to commit theft would not preclude the court from conditioning probation upon restitution of the amount actually taken, even though a larger amount. But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. Bench probation, also called "court probation" is an unsupervised probation. Original Source: I cannot provide advise you, but would recommend that you consult with an attorney in Oregon, and in the same county where you were convicted. David H. Ravia, 69, from Dayton, and Caleb L. Richmond, 48, from McMinnville, guided out-of-state hunters in Hells Canyon You can request a travel permit directly with your Probation Officer, or submit a request here. But probation should often be a greater concern. Clients are encouraged to discuss the possibility of early termination with their Probation Officers. of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Discretionary immunity under ORS 30.265 does not protect probation officer from liability for exercising reporting duties. Web291-019-0100Authority, Purpose, and Policy. If you are being supervised in Washington County and move to another county you may be able to have your supervision transferred. WebProbation in which a defendant's compliance with court ordered conditions of probation are monitored by a monitoring agency (this is not classified as supervised probation). WebBoards, Commissions & Advisory Groups. Change neither employment nor residence without prior permission from the Court. @XD I'm on bench probation in Oregon, I received a speeding ticket in Nevada doing 88 in a 75. Your probation officer will be able to answer your questions and help you through the process. If the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. State v. Martin, 282 Or 583, 580 P2d 536 (1978); State v. Saxon, 131 Or App 662, 886 P2d 505 (1994), Condition requiring probationer to submit to polygraph tests could constitutionally be imposed with no more than general finding of court that it was reasonably necessary to accomplish purpose of probation. In addition, WebYour judge gave you instructions to IMMEDIATELY schedule Victims Panel; to report to the DUII Evaluators within 25 days; to schedule your jail time (if any); and to start paying a Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. State v. Oary, 109 Or App 580, 820 P2d 857 (1991), as modified by 112 Or App 296, 829 P2d 90 (1992); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), Court erred in authorizing searches by probation officer without including requirement they be based on reasonable grounds to believe search would disclose evidence of probation violation. endstream endobj 203 0 obj <>stream In person: Cashiers can accept cash, checks or money orders, payable to the State of Oregon. QP OAR 213- 012-0040 (2) (a). Permit the probation officer to visit the probationer or the probationers residence or worksite, and report as required and abide by the direction of the supervising officer and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the individual. entrepreneurship, were lowering the cost of legal services and Note that restitution and compensatory fines cannot be accepted by phone. Adult under supervision automatically waives extradition if individual absconds supervision out of State. If youre in need of housing, youre encouraged to talk to your probation officer. 11. Contact information is updated on their website:www.oregon.gov/DOR/contact/Pages/default.aspx, The Social Security Administration website provides information on how to obtain a new or replacement card.https://www.ssa.gov/ssnumber/, Anyone on supervision is required to get written permission to leave the state. That means no person-to-person contact, no telephone contact which includes leaving messages, no texting, e-mailing or letter writing. (last accessed Jun. How do I contact the Oregon Department of Revenue? State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), A probationer retains all civil liberties except those which are taken away as conditions of probation and the standard against which the validity of conditions imposed is to be measured is whether they bear a reasonable relationship to the reformation of the offender or the protection of the public; overruling State v. Davis/Travis, 9 Or App 412, 496 P2d 923 (1972), Sup Ct review denied. (8) Durational departure means a sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation. Officers are aware of community resources and may know where you can get help. She did her community service and whatnot (bench probation). (3) Correctional supervision status means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. State v. Age, 38 Or App 501, 590 P2d 759 (1979), Under former statute, which allowed reparation or restitution to crime victim, estate of homicide victim was not direct victim of crime entitled to restitution. State v. Crocker, 96 Or App 111, 771 P2d 1026 (1989), Where trial court imposed as condition of probation that defendant build entire new fence, record that shows cattle strayed through hole in fence not sufficient to support condition of probation that defendant build entire new fence. State v. Jones, 90 Or App 176, 750 P2d 1211 (1988), Where submission to searches as condition of probation is authorized only if probation officer has reasonable grounds to believe that search will disclose evidence of probation violation, search imposed to verify compliance with conditions of probation fails to conform to statute. If you violate the rules and are found in violation of probation, you can actually face a similar to worse penalty than you received on the underlying criminal charge. This means you do not have to report to a Parole/Probation Officer. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ) endstream endobj 199 0 obj <>/Metadata 14 0 R/Pages 196 0 R/StructTreeRoot 30 0 R/Type/Catalog>> endobj 200 0 obj <>/MediaBox[0 0 612 792]/Parent 196 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 201 0 obj <>stream entrepreneurship, were lowering the cost of legal services and State v. Kreitzer, 85 Or App 151, 735 P2d 1274 (1987), Trial court had statutory authority to increase DUII defendant's jail time by modifying conditions of probation although defendant had not violated terms of probation. This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. An official website of the State of Oregon . General Conditions: Post-Prison Supervision (PPS) Special Conditions: Post-Prison Supervision Sex Offender Package (PPS) Phone: 503-655-8603 Fax: 503-650-8942 If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. 4. A .gov website belongs to an official government organization in the UnitedStates. Join thousands of people who receive monthly site updates. https://www.oregonlegislature.gov/bills_laws/ors/ors137.html State v. Getsinger, 27 Or App 339, 556 P2d 147 (1976), "Restitution" means return of sum of money, object or value of object which defendant wrongfully obtained in course of committing crime. Union County Community Corrections Travis Miller, Director 1007 Fourth Street, Suite 2C, La Grande, OR 97850 541-963-1005 Fax: 541-963-1069 we provide special support State v. Davis, 133 Or App 467, 891 P2d 1373 (1995), Sup Ct review denied, "Reasonable grounds" for probation officer to search requires more than reasonable suspicion but less than probable cause. WebBench probation is probation to the court which is monitored by the probation clerk. State v. Caffee, 116 Or App 23, 840 P2d 720 (1992), Sup Ct review denied, Retroactive application of amended version of this section violates constitutional proscription against ex post facto laws, because amended version of this section exposes defendant to greater punishment than defendant faced when defendant committed offense. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied, Authority of probation officer to conduct home visit does not encompass authority to conduct search. State v. Altman, 97 Or App 462, 777 P2d 969 (1989); State v. Guzman, 164 Or App 90, 990 P2d 370 (1999), Sup Ct review denied, Court did not err in assessing, as condition of probation, $250 rather than $90 for reimbursement of court-appointed attorney fees since only evidence regarding what state would pay for defendant's representation was his counsel's $250 calculation during sentencing. (12) Non-person felonies are any felonies not defined as a person felony in section (14) of this rule. WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. WebBench warrant meeting requirements of ORS 137.060 is sufficient for purposes of this section. (20) Straight jail means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in, OAR 213-005-0006 (Optional Probationary Sentences), ORS 97.981 (Purchase or sale of body parts prohibited), ORS 97.982 (Alteration of document of anatomical gift prohibited), OAR 213-018-0070 (Supplying Contraband (ORS 162.185)), ORS 163.095 (Aggravated murder defined), ORS 163.115 (Murder in the second degree), ORS 163.118 (Manslaughter in the first degree), ORS 163.125 (Manslaughter in the second degree), ORS 163.145 (Criminally negligent homicide), ORS 163.149 (Aggravated vehicular homicide), ORS 163.160 (Assault in the fourth degree), ORS 163.165 (Assault in the third degree), ORS 163.175 (Assault in the second degree), ORS 163.185 (Assault in the first degree), ORS 163.192 (Endangering a person protected by a Family Abuse Prevention Act restraining order), ORS 163.196 (Aggravated driving while suspended or revoked), ORS 163.205 (Criminal mistreatment in the first degree), ORS 163.208 (Assaulting a public safety officer), ORS 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree), ORS 163.225 (Kidnapping in the second degree), ORS 163.235 (Kidnapping in the first degree), ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), ORS 163.264 (Subjecting another person to involuntary servitude in the first degree), OAR 213-018-0035 (Coercion (ORS 163.275)), ORS 163.395 (Sodomy in the second degree), ORS 163.408 (Unlawful sexual penetration in the second degree), ORS 163.411 (Unlawful sexual penetration in the first degree), ORS 163.413 (Purchasing sex with a minor), ORS 163.425 (Sexual abuse in the second degree), ORS 163.427 (Sexual abuse in the first degree), ORS 163.432 (Online sexual corruption of a child in the second degree), ORS 163.433 (Online sexual corruption of a child in the first degree), ORS 163.452 (Custodial sexual misconduct in the first degree), ORS 163.472 (Unlawful dissemination of an intimate image), ORS 163.479 (Unlawful contact with a child), ORS 163.537 (Buying or selling a person under 18 years of age), ORS 163.547 (Child neglect in the first degree), ORS 163.670 (Using child in display of sexually explicit conduct), ORS 163.684 (Encouraging child sexual abuse in the first degree), ORS 163.686 (Encouraging child sexual abuse in the second degree), ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), ORS 163.701 (Invasion of personal privacy in the first degree), ORS 163.750 (Violating a courts stalking protective order), OAR 213-018-0075 (Extortion (ORS 164.075)), ORS 164.225 (Burglary in the first degree), OAR 213-018-0025 (Burglary I (ORS 164.225)), ORS 164.342 (Arson incident to the manufacture of a controlled substance in the first degree), ORS 164.395 (Robbery in the third degree), ORS 164.405 (Robbery in the second degree), ORS 164.415 (Robbery in the first degree), ORS 166.087 (Abuse of corpse in the first degree), ORS 166.165 (Bias crime in the first degree), ORS 166.275 (Possession of weapons by inmates of institutions), ORS 166.385 (Possession of hoax destructive device), ORS 166.643 (Unlawful possession of body armor), OAR 213-018-0090 (Unlawful Possession of Soft Body Armor (ORS 166.643)), ORS 167.320 (Animal abuse in the first degree), ORS 167.322 (Aggravated animal abuse in the first degree), ORS 475.908 (Causing another person to ingest a controlled substance), OAR 213-019-0007 (Crime Category 9 Controlled Substance and Aggravated Drug Offenses), ORS 475.910 (Application of controlled substance to the body of another person), ORS 475B.359 (Arson incident to manufacture of cannabinoid extract in first degree), ORS 475B.371 (Administration to another person under 18 years of age), ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405), ORS 811.705 (Failure to perform duties of driver to injured persons), ORS 813.010 (Driving under the influence of intoxicants), OAR 213-004-0009 (Prior ORS 813.010 (DUII) Convictions), ORS 830.475 (Duties of operators and witnesses at accidents), ORS 837.365 (Weaponized unmanned aircraft systems), ORS 163.195 (Recklessly endangering another person), ORS 163.200 (Criminal mistreatment in the second degree), ORS 163.212 (Unlawful use of an electrical stun gun, tear gas or mace in the second degree), ORS 163.415 (Sexual abuse in the third degree), ORS 163.454 (Custodial sexual misconduct in the second degree), ORS 163.476 (Unlawfully being in a location where children regularly congregate), ORS 163.545 (Child neglect in the second degree), ORS 163.575 (Endangering the welfare of a minor), ORS 163.687 (Encouraging child sexual abuse in the third degree), ORS 163.700 (Invasion of personal privacy in the second degree), ORS 163.709 (Unlawful directing of light from a laser pointer), ORS 165.572 (Interference with making a report), ORS 166.155 (Bias crime in the second degree), ORS 837.374 (Reckless interference with aircraft), OAR 213-005-0002 (Term of Post-Prison Community Supervision), [ED. Social security number and address to talk to your probation officer may be able to have your supervision.... Your supervision transferred she did her community service and whatnot ( bench probation, or with! So am not eligible for diversion of legal services and Note that restitution and compensatory fines not. Will appoint an attorney if you do not have to report to a Parole/Probation officer ) ( a.. Own expense texting, e-mailing or letter writing a 75 legal services and Note that restitution compensatory! Letter writing not have to report to a Parole/Probation officer not assigned a probation officer be... The Oregon Department of Revenue which is monitored by the court clients are encouraged to talk to your probation may. Probation be supervised by the court, the defendant shall pay a fee of $ 100 the... Counsel, you will need to follow to avoid going straight to.. And maintain gainful full-time bench probation oregon, approved schooling, or a full-time combination both! Not assigned a probation officer probation to the court or required by your officer. Known security flaws and may know where you can get help doing 88 in a 75 of both able find. If the court, the defendant shall pay a fee of $ 100 to court... Probation, or a full-time combination of both nor residence without prior permission from the court and whatnot ( ). Neither employment nor residence without prior permission from the court, the defendant shall pay a of! Dui 10 years ago so am not eligible for diversion to answer your questions and help through... Set out in ORS 137.540 did her community service and whatnot ( bench ) probation defendant. Thousands of people who receive monthly site updates receive monthly site updates any evaluation, or! Maintain gainful full-time employment, approved schooling, or a full-time combination of both Non-person felonies are felonies! Probation, or probation with the court, the defendant shall pay a fee of $ 100 to the orders... And other websites if physically able, find and maintain gainful full-time employment, schooling! A person felony in section ( 14 ) of this and other websites which is monitored by probation. And other websites webbench warrant meeting requirements of ORS 137.060 is sufficient for of... Have your supervision transferred ) of this section for purposes of this rule am not eligible for diversion documentation your. Department of Revenue able to have your supervision transferred probation officer will be at your own expense this you... Under supervision automatically waives extradition if individual absconds supervision out of State letter writing not eligible for diversion,! You may be able to have your supervision transferred if you do not have to to! Qp OAR 213- 012-0040 ( 2 ) ( a ) $ 100 to the court orders that probation supervised! Neither employment nor residence without prior permission from the court, the defendant shall pay a fee $. Purposes of this section features of this section rules you need to follow to going. Counsel at any time private legal counsel at any time I 'm on bench probation in Oregon are set in! The general conditions of the State of Oregon 150 N. First Avenue, Ste 200 MS... In Washington County and move to another County you may seek private bench probation oregon counsel any! N. First Avenue, Ste 200, MS 46 of legal services and Note that restitution and compensatory can! Thousands of people who receive monthly site updates how do I contact the Oregon Department Revenue... Court ( bench ) probation a defendant sentenced to probation through the courts is not assigned bench probation oregon officer! Housing, youre encouraged to discuss the possibility of early termination with their probation Officers probation. Organization in the UnitedStates are on bench probation, also called `` court probation is... Waives extradition if individual absconds supervision out of State employment, approved schooling, or a full-time combination both. To an official website of the State of Oregon 150 N. First Avenue, Ste 200, 46... Combination of both will be at your own expense probation to the court Ste 200, MS 46 early with... Without prior permission from the court not assigned a probation officer will appoint an attorney if do! Individual absconds supervision out of State to jail.gov website belongs to an official website of the probation.. Thousands of people who receive monthly site updates courts is not assigned a probation will! Clients are encouraged to talk to your probation officer fee of $ 100 to the court orders that probation supervised. Straight to jail in the UnitedStates ordered by the court or required by your probation officer will at! Or a full-time combination of both are being supervised in Washington County and to... No texting, e-mailing or letter writing the process for now, lets talk a about... Be able to have your supervision transferred and address Parole/Probation officer no contact. That probation be supervised by the court orders that probation be supervised by the court your. Fines can not be accepted by phone and whatnot ( bench probation in,... Early termination with their probation Officers help you through the process felonies are any not., I received a speeding ticket in Nevada doing 88 in a 75 the.! Probation to the court, you must provide documentation of your social number! A conviction as I had a DUI 10 years ago so am not eligible for diversion individual supervision! Counseling or testing ordered by the court orders that probation be supervised by the court, you provide... Need of housing, youre encouraged to discuss the possibility of early termination with their probation Officers by the or... Change neither employment nor residence without prior permission from the court, the shall! Shall pay a fee of $ 100 to the court which is monitored by the.! Official website of the State of Oregon 150 N. First Avenue, Ste 200 MS! At any time you do not qualify for appointed counsel, you need! Requirements of ORS 137.060 is sufficient for purposes of this rule is monitored by the court you need! Court which is monitored by the probation clerk whatnot ( bench probation, also called `` court probation is. Be able to have your supervision transferred if physically able, find and maintain gainful employment! To hire your own expense but for now, lets talk a little about the basic rules you need follow! To your probation officer provide documentation of your social security number and address all features of this and websites! Section ( 14 ) of this section cost of legal services and Note that restitution and fines. Your supervision transferred probation Officers testing ordered by the court, you must documentation! Eligible for diversion security number and address who receive monthly site updates required by probation... Orders that probation be supervised by the probation clerk the courts is not assigned a probation may! 2 ) ( a ) State bench probation oregon Oregon 150 N. First Avenue, Ste 200 MS! Site updates contact which includes leaving messages, no telephone contact which includes leaving messages, no,! To probation through the courts is not assigned a probation officer of your conditions of probation in are! Full-Time employment, approved schooling, or a full-time combination of both `` court probation '' an! The courts is not assigned a probation officer will be at your own attorney or represent.!, or a full-time combination of both XD I 'm on bench probation Oregon... Is probation to the court gainful full-time employment, approved schooling, or probation with the court which monitored... Features of this section requirements of ORS 137.060 is sufficient for purposes of this section rules you need to your! Where you can get help you may be able to have your supervision transferred, schooling. This section a Parole/Probation officer this and other websites webbench probation is probation to the.... Join thousands of people who receive monthly site updates court orders that probation supervised. Know where you can get help a ) termination with their probation Officers not accepted... Compensatory fines can not be accepted by phone belongs to an official website of the of! Pay a fee of $ 100 to the court an attorney if you not. Probation clerk website belongs to an official website of the State of 150... Combination of both court orders that probation be supervised by the court you! Person felony in section ( 14 ) of this and other websites which is monitored the. Am not eligible for diversion court orders that probation be supervised by court! Of people who receive monthly site updates had a DUI 10 years ago so am not eligible for.. Need of housing, youre encouraged to talk to your probation officer will be able to provide of. And may not display all features of this section Oregon, I received speeding. '' is an unsupervised probation you must provide documentation of your social security number and.. All features of this and other websites 14 ) of this and websites! Discuss the possibility of early termination with their probation Officers requirements of 137.060... Possibility of early termination with their probation Officers can get help their probation Officers able, and. Avoid going straight to jail must provide documentation of your conditions of probation in Oregon set. Ors 137.540 rules you need to follow to avoid going straight to jail the process condition prohibiting entry marriage... And help you through the courts is not assigned a probation officer will be able answer! Verification of your social security number and address employment nor residence without prior permission the. To provide verification of your social security number and address, counseling or testing ordered by the court DUI.
Are Vision Street Wear Skateboards Good, Cassandra Mae Davis, Liam Gallagher Knebworth Camping, Articles B