2017 ORS 137.320¹
Delivery of defendant when committed to Department of Corrections
  • credit on sentence

(1) Except as provided in ORS 137.124 (Commitment of defendant to Department of Corrections or county), when a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of the entry of judgment and a statement signed by the sheriff of the number of days the defendant was imprisoned prior to delivery, to the superintendent of the Department of Corrections institution to which the defendant is initially assigned pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county). If at the time of entry of a judgment, the defendant was serving a term of incarceration at the direction of the supervisory authority of a county upon conviction of a prior felony, the sheriff shall also deliver to the Department of Corrections a copy of the prior entry of judgment committing the defendant to the supervisory authority of the county of conviction and a statement of the number of days the defendant has remaining to be served on the term or incarceration imposed in the prior judgment.

(2) If the defendant is surrendered to another legal authority prior to delivery to an institution of the Department of Corrections, the sheriff shall forward to the Department of Corrections copies of the entry of all pertinent judgments, a statement of the number of days the defendant was imprisoned prior to surrender, a statement of the number of days the defendant has remaining to be served on any term of incarceration the defendant was serving at the direction of the supervisory authority of a county upon conviction of a prior felony and an identification of the authority to whom the prisoner was surrendered.

(3) Upon receipt of the information described in subsection (1) or (2) of this section, the Department of Corrections shall establish a case file and compute the defendant’s sentence in accordance with the provisions of ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution).

(4) When the judgment is imprisonment in the county jail or a fine and that the defendant be imprisoned until it is paid, the judgment shall be executed by the sheriff of the county. The sheriff shall compute the time the defendant was imprisoned after arrest and prior to the commencement of the term specified in the judgment. Such time shall be credited toward the term of the sentence. [Amended by 1955 c.660 §14; 1967 c.232 §1; 1967 c.585 §5; 1971 c.619 §1; 1973 c.631 §1; 1981 c.424 §1; 1987 c.320 §34; 1995 c.423 §29; 2014 c.31 §2]

Notes of Decisions

Although it is responsibility of Depart­ment of Correc­tions under this sec­tion to give credit for jail time served after arrest for crime for which sen­tence was imposed, this responsibility does not arise until sheriff who had arrestee confined has complied with sheriff’s statutory duty to deliver state­ment of number of days defendant was imprisoned prior to delivery to Correc­tions Depart­ment. Gage v. Maass, 306 Or 196, 759 P2d 1049 (1988)

This sec­tion does not authorize sen­ten­cing judge to order credit for time served, but requires after-sen­tence custodian to give credit for presen­tence time served. Nissel v. Pearce, 307 Or 102, 764 P2d 224 (1988); Randolph v. Dept. of Correc­tions, 139 Or App 79, 910 P2d 1171 (1996), Sup Ct review denied

Defendant held in custody prior to revoca­tion of proba­tion in two cases was not entitled to have time served credited to both sen­tences. Nissel v. Pearce, 307 Or 102, 764 P2d 224 (1988); Randolph v. Dept. of Correc­tions, 139 Or App 79, 910 P2d 1171 (1996), Sup Ct review denied

Where issue is other than proba­tion revoca­tion, sen­ten­cing court may not allow or deny credit for pre-sen­tence confine­ment time. State v. Bullock, 122 Or App 472, 858 P2d 170 (1993)

Defendant sen­tenced to proba­tion on condi­tion of jail time is entitled to credit for time served after arrest and prior to judg­ment. Holcomb v. Sunderland, 321 Or 99, 894 P2d 457 (1995)

Execu­tion of concurrent sen­tences may be commenced at different times. State v. Lebeck, 171 Or App 581, 17 P3d 504 (2000)

Atty. Gen. Opinions

Concurrent Oregon and foreign institu­tion sen­tences, (1981) Vol. 42, p 182

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano137.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.