ORS 137.010
Duty of court to ascertain and impose punishment


(1)

The statutes that define offenses impose a duty upon the court having jurisdiction to pass sentence in accordance with this section or, for felonies committed on or after November 1, 1989, in accordance with rules of the Oregon Criminal Justice Commission unless otherwise specifically provided by law.

(2)

If it cannot be determined whether the felony was committed on or after November 1, 1989, the defendant shall be sentenced as if the felony had been committed prior to November 1, 1989.

(3)

Except when a person is convicted of a felony committed on or after November 1, 1989, if the court is of the opinion that it is in the best interests of the public as well as of the defendant, the court may suspend the imposition or execution of any part of a sentence for any period of not more than five years. The court may extend the period of suspension beyond five years in accordance with subsection (4) of this section.

(4)

If the court suspends the imposition or execution of a part of a sentence for an offense other than a felony committed on or after November 1, 1989, the court may also impose and execute a sentence of probation on the defendant for a definite or indefinite period of not more than five years. However, upon a later finding that a defendant sentenced to probation for a felony has violated a condition of the probation and in lieu of revocation, the court may order the period of both the suspended sentence and the sentence of probation extended until a date not more than six years from the date of original imposition of sentence. Time during which the probationer has absconded from supervision and a bench warrant has been issued for the probationer’s arrest shall not be counted in determining the time elapsed since imposition of the sentence of probation.

(5)

If the court announces that it intends to suspend imposition or execution of any part of a sentence, the defendant may, at that time, object and request imposition of the full sentence. In no case, however, does the defendant have a right to refuse the court’s order, and the court may suspend imposition or execution of a part of the sentence despite the defendant’s objection or request. If the court further announces that it intends to sentence the defendant to a period of probation, the defendant may, at that time, object and request that a sentence of probation or its conditions not be imposed or that different conditions be imposed. In no case, however, does the defendant have the right to refuse a sentence of probation or any of the conditions of the probation, and the court may sentence the defendant to probation subject to conditions despite the defendant’s objection or request.

(6)

The power of the judge of any court to suspend execution of any part of a sentence or to sentence any person convicted of a crime to probation shall continue until the person is delivered to the custody of the Department of Corrections.

(7)

When a person is convicted of an offense and the court does not suspend the imposition or execution of any part of a sentence or when a suspended sentence or sentence of probation is revoked, the court shall impose the following sentence:

(a)

A term of imprisonment;

(b)

A fine;

(c)

Both imprisonment and a fine; or

(d)

Discharge of the defendant.

(8)

This section does not deprive the court of any authority conferred by law to enter a judgment for the forfeiture of property, suspend or cancel a license, remove a person from office or impose any other civil penalty. An order exercising that authority may be included as part of the judgment of conviction.

(9)

When imposing sentence for a felony committed on or after November 1, 1989, the court shall submit sentencing information to the commission in accordance with rules of the commission.

(10)

A judgment of conviction that includes a term of imprisonment for a felony committed on or after November 1, 1989, shall state the length of incarceration and the length of post-prison supervision. The judgment of conviction shall also provide that if the defendant violates the conditions of post-prison supervision, the defendant shall be subject to sanctions including the possibility of additional imprisonment in accordance with rules of the commission. [Amended by 1971 c.743 §322; 1981 c.181 §1; 1987 c.320 §27; 1989 c.790 §6; 1989 c.849 §1; 1993 c.14 §1; 2003 c.576 §388; 2005 c.10 §2]

Source: Section 137.010 — Duty of court to ascertain and impose punishment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

Notes of Decisions

Unless it is clear from the judgment that the sentences are to be served consecutively, they are to be construed as concurrent. State v. Blake, 7 Or App 307, 490 P2d 1026 (1971)

The oral pronouncement from the bench is the judgment. State v. Blake, 7 Or App 307, 490 P2d 1026 (1971)

A trial court has inherent power to impose a combined concurrent:B1.consecutive sentence for a single offense. Trahan v. Cupp, 8 Or App 466, 493 P2d 1391 (1972), Sup Ct review denied, cert. denied, 409 US 884

A trial court has inherent power to impose concurrent or consecutive sentences in appropriate situations. Trahan v. Cupp, 8 Or App 466, 493 P2d 1391 (1972), Sup Ct review denied, cert. denied, 409 US 884

Deterrent effect on others is a relevant consideration in imposing sentence. State v. Patzer, 8 Or App 491, 493 P2d 1389 (1972), Sup Ct review denied

Trial court lacked authority to stay period of probation pending outcome of appeal. State ex rel Dillavou v. Foster, 273 Or 319, 541 P2d 811 (1975); State v. Popp, 118 Or App 508, 848 P2d 134 (1993)

The court’s supervisory jurisdiction over a defendant is limited to a maximum of five years from the date of disposition. State v. Maddox, 29 Or App 787, 564 P2d 1372 (1977), Sup Ct review denied

Where show cause order initiating revocation of defendant’s probation was issued prior to expiration of probationary period, court retained jurisdiction to enter revocation order after the period had expired. State v. Lopez, 30 Or App 687, 569 P2d 1059 (1977)

Notwithstanding that maximum period of imprisonment which may be imposed for commission of Class A misdemeanor is one year, trial court was empowered to suspend sentence of nine months’ imprisonment and place defendant on probation for period of five years. State v. Williams, 31 Or App 381, 570 P2d 424 (1977)

Revocation of suspended sentence and reimposition of sentence after October 4, 1977, requires preparation of presentence report pursuant to [former] ORS 144.790. State v. Gale, 35 Or App 3, 580 P2d 1036 (1978)

Imposition of five-year probation term, commencing immediately but necessarily extending beyond three-year period of confinement to which defendant was contemporaneously sentenced on another charge was within statutory authority of court. State v. Jones, 36 Or App 271, 584 P2d 349 (1978)

Where defendant was convicted of rape and kidnapping, but judge imposed sentence only for rape conviction, defendant could not complain about error. State v. Dorsey, 44 Or App 721, 607 P2d 204 (1980)

Where statute enacted after defendant committed crime provided for additional year of probation in lieu of probation revocation and defendant was placed on probation for additional year pursuant to that statute, defendant was subjected to greater sentence than that to which he was susceptible when he committed crime, in violation of ex post facto provision of Oregon Constitution. State v. Metzler, 72 Or App 555, 696 P2d 576 (1985)

Sentencing order that provides for 10 years’ imprisonment along with separate five-year probation, conditioned on defendant serving one year in county jail consecutive to prison term, does not violate this section because order means that jail term will be served consecutively to prison term only if defendant is released from prison before period of probation expires. State v. Nunn, 84 Or App 642, 734 P2d 1375 (1987)

Where defendant pleaded guilty, argument that trial court lacked authority to revoke its order suspending imposition of sentence or to impose any sentence failed to raise issue within scope of appellate review. State v. Blaney, 101 Or App 273, 790 P2d 549 (1990)

Trial court may not impose conditions of parole as part of sentence but court may make express recommendation to parole board for special conditions of parole. State v. Edwards, 103 Or App 410, 797 P2d 402 (1990); State v. Potter, 108 Or App 480, 816 P2d 661 (1991)

Trial court was without authority to impose fine as punishment for defendant’s murder conviction. State v. Batty, 109 Or App 62, 819 P2d 732 (1991), Sup Ct review denied

Where imposition of any sentence for misdemeanor is discretionary and felony sentencing guidelines impose mandatory sentence, existence of felony sentencing guidelines does not render disproportionate misdemeanant’s sentence of incarceration. State v. Rice, 114 Or App 101, 836 P2d 731 (1992), Sup Ct review denied

Because sentencing guidelines do not apply to misdemeanor convictions, trial court did not err by requiring defendant to serve consecutive misdemeanor sentences after serving prison term for felony conviction. State v. Miller, 114 Or App 235, 835 P2d 131 (1992)

Adjudications sufficient to commit juvenile to juvenile facility may be used as basis for enhancing sentence for crime committed as adult. State v. Stewart, 123 Or App 147, 859 P2d 545 (1993), modified 126 Or App 456, 868 P2d 794 (1994), aff’d 321 Or 1, 892 P2d 1013 (1995)

Where case is remanded for resentencing, five-year probation limit applicable to suspended sentences is measured from date original sentence was imposed. State v. Lewis, 137 Or App 108, 903 P2d 391 (1995), Sup Ct review denied

Where court imposes concurrent terms of probation for some counts and incarceration for other counts, trial court loses authority to modify sentences once any sentence has been put into effect. State v. Hamlin, 151 Or App 481, 950 P2d 336 (1997), Sup Ct review denied; State v. Lebeck, 171 Or App 581, 17 P3d 504 (2000)

Execution of judgment commences as soon as defendant is physically delivered to Department of Corrections, regardless of whether judgment is served concurrently or consecutively with another judgment ordering defendant to department’s custody. State v. DeCamp, 158 Or App 238, 973 P2d 922 (1999)

Fine may be sentence, condition of probation, or both. State v. Zimmerman, 166 Or App 635, 999 P2d 547 (2000)

Trial court retains authority to modify legally invalid sentence notwithstanding execution of sentence. State v. Horsley, 168 Or App 559, 7 P3d 646 (2000)

COMPLETED CITATIONS: State v. Morasch, 5 Or App 211, 483 P2d 474 (1971), Sup Ct review denied; State v. Ragghianti, 5 Or App 498, 484 P2d 1125 (1971), Sup Ct review denied; State v. Smith, 6 Or App 27, 487 P2d 90 (1971), Sup Ct review denied; State v. Penland, 6 Or App 255, 486 P2d 1314 (1971), Sup Ct review denied

Law Review Citations

24 WLR 1158 (1988)

137.010
Duty of court to ascertain and impose punishment
137.012
Suspension of imposition or execution of sentence of person convicted of certain sexual offenses
137.013
Appearance by victim at time of sentencing
137.017
Disposition of fines, costs and security deposits received by court
137.020
Time for pronouncing judgment
137.030
Presence of defendant at pronouncement of judgment
137.040
Bringing defendant in custody to pronouncement of judgment
137.050
Nonattendance or nonappearance of released defendant when attendance required by court
137.060
Form of bench warrant
137.070
Counties to which bench warrant may issue
137.071
Requirements for judgment documents
137.074
Fingerprints of convicted felons and certain misdemeanants required
137.076
Blood or buccal sample and thumbprint of certain convicted defendants required
137.077
Presentence report
137.079
Presentence report
137.080
Consideration of circumstances in aggravation or mitigation of punishment
137.085
Age and physical disability of victim as factors in sentencing
137.090
Considerations in determining aggravation or mitigation
137.100
Defendant as witness in relation to circumstances
137.101
Compensatory fine
137.103
Definitions for ORS 137.101 to 137.109
137.105
Authority of trial court during pendency of appeal
137.106
Restitution to victims
137.107
Authority of court to amend part of judgment relating to restitution
137.108
Restitution when defendant has entered into diversion agreement
137.109
Effect of restitution order on other remedies of victim
137.118
Assignment of judgments for collection of monetary obligation
137.120
Term of sentence
137.121
Maximum consecutive sentences
137.123
Provisions relating to concurrent and consecutive sentences
137.124
Commitment of defendant to Department of Corrections or county
137.126
Definitions for ORS 137.126 to 137.131
137.128
Community service as part of sentence
137.129
Length of community service sentence
137.131
Community service as condition of probation for offense involving graffiti
137.138
Forfeiture of weapons and revocation of hunting license for certain convictions
137.143
All monetary obligations constitute single obligation on part of convicted person
137.145
Definitions for ORS 137.145 to 137.159
137.146
Priorities for application of payments on criminal judgments entered in circuit courts
137.147
Priorities for application of payments on criminal judgments entered in local courts
137.149
Level I obligations in circuit court judgments
137.151
Level I obligations in local court judgments
137.153
Level II obligations in circuit court judgments
137.154
Level II obligations in local court judgments
137.155
Level III obligations in circuit court judgments
137.156
Level III obligations in local court judgments
137.157
Level IV obligations in circuit court judgments
137.158
Level IV obligations in local court judgments
137.159
Level V obligations in circuit court judgments
137.167
Imprisonment when county jail is not suitable for safe confinement
137.170
Entry of judgment in criminal action
137.172
Entry of corrected judgment
137.175
Judgment in criminal action that effects release of defendant
137.183
Interest on judgments
137.210
Taxation of costs against complainant
137.212
Clerk to prepare trial court file
137.218
Joint petition for reconsideration of conviction or sentence
137.221
Vacation of judgment of conviction for prostitution
137.222
Motion for reduction of marijuana conviction offense classification
137.223
Order setting aside judgment of guilty except for insanity
137.225
Order setting aside conviction or record of criminal charge
137.226
Eligibility for order setting aside certain marijuana convictions
137.227
Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person
137.228
Finding that defendant is alcoholic or drug-dependent person
137.229
Duty of Department of Corrections
137.230
Definitions for ORS 137.260
137.260
Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged
137.270
Effect of felony conviction on property of defendant
137.275
Effect of felony conviction on civil and political rights of felon
137.281
Withdrawal of rights during term of incarceration
137.285
Retained rights of felon
137.286
Minimum fines for misdemeanors and felonies
137.300
Criminal Fine Account
137.301
Legislative findings
137.310
Authorizing execution of judgment
137.315
Electronic telecommunication of notice of judgment authorized
137.320
Delivery of defendant when committed to Department of Corrections
137.330
Where judgment of imprisonment in county jail is executed
137.333
Exception to ORS 137.330
137.370
Commencement and computation of term of imprisonment in state correctional institution
137.372
Credit for time served as part of probationary sentence
137.375
Release of prisoners whose terms expire on weekends or legal holidays
137.380
Discipline, treatment and employment of prisoners
137.390
Commencement, term and termination of term of imprisonment in county jail
137.440
Return by officer executing judgment
137.450
Enforcement of money judgment in criminal action
137.452
Satisfaction of monetary obligation imposed as part of sentence
137.463
Death warrant hearing
137.464
Administrative assessment of defendant’s mental capacity
137.466
Judicial determination of defendant’s mental capacity
137.467
Delivery of warrant when place of trial changed
137.473
Means of inflicting death
137.476
Assistance by licensed health care professional or nonlicensed medically trained person
137.478
Return of death warrant after execution of sentence of death
137.482
Service of documents on defendant
137.520
Power of committing magistrate to parole and grant temporary release to persons confined in county jail
137.523
Custody of person sentenced to confinement as condition of probation
137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467
137.530
Investigation and report of parole and probation officers
137.532
Probation without entering plea
137.533
Probation without entering judgment of guilt
137.540
Conditions of probation
137.542
Probation conditions related to medical use of cannabis
137.545
Period of probation
137.547
Consolidation of probation violation proceedings
137.551
Revocation of probationary sentences
137.553
Use of citations for probation violations authorized
137.557
Citation
137.560
Copies of certain judgments to be sent to Department of Corrections
137.570
Authority to transfer probationer from one agency to another
137.580
Effect of transfer of probationer from one agency to another
137.590
Appointment of parole and probation officers and assistants
137.592
Policy regarding probation violations
137.593
Duty of corrections agencies to impose structured, intermediate sanctions for probation violations
137.595
Establishing system of sanctions
137.596
Probation violations
137.597
Probationer may consent to imposition of sanctions
137.599
Hearing prior to, or after, imposition of sanctions
137.610
Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge
137.620
Powers of parole and probation officers
137.630
Duties of parole and probation officers
137.633
Earned reduction of supervision period
137.635
Determinate sentences required for certain felony convictions
137.637
Determining length of determinate sentences
137.651
Definitions for ORS 137.654, 137.656 and 137.658
137.654
Oregon Criminal Justice Commission
137.656
Purpose and duties of commission
137.658
Authority of chairperson to create committees within commission
137.661
Agency cooperation with commission
137.662
Oregon Criminal Justice Commission Account
137.667
Amendments to sentencing guidelines
137.669
Guidelines control sentences
137.671
Authority of court to impose sentence outside guidelines
137.672
Aggravating factor sentencing rules relating to gender identity of victim
137.673
Validity of rules
137.674
Use of force data analysis
137.676
Development of method for district attorneys to record and report bias-related crime data
137.678
Analysis of bias-related crime and incident data
137.679
Restorative justice grant program
137.680
Development of specialty court standards
137.681
Innovative Grant Program
137.682
Innovative Grant Fund
137.683
Racial and ethnic impact statements for proposed legislation
137.685
Racial and ethnic impact statements for state measures
137.689
Oregon Crimefighting Act
137.690
Major felony sex crime
137.700
Offenses requiring imposition of mandatory minimum sentences
137.705
Definitions
137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court
137.709
Application of ORS 137.700 and 137.707
137.712
Exceptions to ORS 137.700 and 137.707
137.717
Presumptive sentences for certain property offenders
137.719
Presumptive life sentence for certain sex offenders upon third conviction
137.725
Presumptive life sentence for certain sex offenders upon second conviction
137.750
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs
137.751
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508
137.752
Requirements when defendant committed to custody of county
137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752
137.765
Sexually violent dangerous offenders
137.767
Presentence investigation and examination
137.769
Defendant’s right to independent examination
137.771
Resentencing hearing
137.924
Supervisory authority to provide information to agency directors
137.930
Criminal history data provider requirements
Green check means up to date. Up to date