2007 ORS § 137.547¹
Consolidation of probation violation proceedings
- • rules
(1) Notwithstanding any other provision of law, the Chief Justice of the Supreme Court may make rules or issue orders under ORS 1.002 (Supreme Court) to establish procedures for the consolidation of probation violation proceedings pending against a probationer in multiple circuit courts.
(2) Rules made or orders issued under this section:
(a) Shall provide that if a probationer is alleged to have violated the conditions of a sentence of probation in more than one court, an initiating court may consider consolidation of some or all pending probation violation proceedings before one or more appropriate courts:
(A) Upon the motion of the district attorney or the defense counsel in the county in which the probationer is in custody or otherwise before the court; or
(B) Upon the court’s own motion.
(b) May determine which courts are appropriate courts for the consolidation of probation violation proceedings in described circumstances or establish a process for determining an appropriate court.
(c) Shall require the consent of the probationer to a consolidated probation violation proceeding and written waivers by the probationer as determined necessary or fair.
(d) Shall require the approval of the judge of any responding court, the initiating court and any appropriate court being considered for a consolidated probation violation proceeding.
(e) Shall require the approval of the district attorney of the county for any responding court, the initiating court and any court being considered as an appropriate court.
(f) May provide for the recall of warrants in any court other than the appropriate court as convenient to accomplish the purposes of this section.
(g) May provide for the transmission of copies of such papers, records or other information to or from courts, district attorneys and parole and probation officers as is necessary, appropriate or convenient for a consolidated probation violation proceeding under this section.
(h) May provide any processes necessary, appropriate or convenient for the proceeding before the appropriate court and for the appropriate court to make a disposition of the cases that are consolidated in a proceeding under this section.
(i) May include any rules or orders establishing other procedures necessary, appropriate or convenient for the fair and expeditious resolution of consolidated probation violation proceedings under this section.
(3) When an appropriate court transmits the judgment it enters for a consolidated probation violation proceeding under this section to the initiating court, if different from the appropriate court, and to a responding court for filing, thereafter that judgment is for all purposes the same as a judgment of the court of the initiating or responding county with regard to the matters on which that judgment makes determination and disposition.
(4) As used in this section:
(a) "Appropriate court" means the court most appropriate to hold a consolidated probation violation proceeding under this section given the totality of the circumstances involving the alleged probation violations and multiple jurisdiction proceedings. The circumstances include, but are not limited to:
(A) The location, residence or work location of the probationer;
(B) The location of the probationer’s parole and probation officer;
(C) The location of any witnesses or victims of the alleged violations or of any alleged new offenses with which the probationer is charged;
(D) The location of any victims of the offense for which the probationer was sentenced to probation;
(E) The nature and location of previous offenses for which the probationer is serving a sentence;
(F) The nature of any new offenses with which the probationer is charged;
(G) The resources of local jails;
(H) The nature and location of any services that may be appropriate as a consequence of the alleged violation or new charges;
(I) Whether the judge who imposed the original sentence provided in the original judgment direction to return any probation violation proceedings to that judge; and
(J) The interests of local courts and district attorneys concerning the probationer and any disposition that a court may impose concerning the probationer.
(b) "Initiating court" means the court in which a probationer is in custody or otherwise before the court.
(c) "Responding court" means a court other than an initiating court or appropriate court that entered a judgment under which the probationer is currently serving a sentence of probation and which court consents to the consolidation of probation violation proceedings in an appropriate court under this section. [1999 c.614 §1; 2005 c.264 §5]
Note: 137.547 (Consolidation of probation violation proceedings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.