2017 ORS 137.370¹
Commencement and computation of term of imprisonment in state correctional institution
  • sentences concurrent unless court orders otherwise

(1) When a person is sentenced to imprisonment in the custody of the Department of Corrections, the term of confinement therein commences from the day the person is delivered to the custody of an officer of the Department of Corrections for the purpose of serving the sentence executed, regardless of whether the sentence is to be served in a state or federal institution.

(2) Except as provided in subsections (3) and (4) of this section, when a person is sentenced to imprisonment in the custody of the Department of Corrections, for the purpose of computing the amount of sentence served the term of confinement includes only:

(a) The time that the person is confined by any authority after the arrest for:

(A) The crime for which sentence is imposed;

(B) A lesser included or greater inclusive offense of the crime for which sentence was imposed; and

(C) Any other crime constituting a violation of Oregon law within the same county designated by the sentencing court in the judgment as having been committed as part of the same criminal episode as the crime for which sentence was imposed; and

(b) The time that the person is authorized by the Department of Corrections to spend outside a confinement facility, in a program conducted by or for the Department of Corrections.

(3) When a judgment of conviction is vacated and a new sentence is thereafter imposed upon the defendant for the same crime, a lesser included or greater inclusive offense of the crime, or any crime constituting a violation of Oregon law within the same county designated by the sentencing court in the judgment as having been committed as part of the same criminal episode as the crime, the period of detention and imprisonment theretofore served shall be deducted from the maximum term, and from the minimum, if any, of the new sentence.

(4) Unless the court expressly orders otherwise, a person who is confined as the result of a sentence for a crime or conduct that is not directly related to the crime for which the sentence is imposed, or for violation of the conditions of probation, parole or post-prison supervision, shall not receive presentence incarceration credit for the time served in jail toward service of the term of confinement.

(5) Unless the court expressly orders otherwise, a term of imprisonment shall be concurrent with that portion of any sentence previously imposed that remains unexpired at the time the court imposes sentence. This subsection applies regardless of whether the earlier sentence was imposed by the same or any other court, and regardless of whether the earlier sentence is being or is to be served in the same penal institution or under the same correctional authority as will be the later sentence.

(6) As used in this section, “criminal episode” has the meaning given that term in ORS 131.505 (Definitions for ORS 131.505 to 131.525). [Amended by 1955 c.660 §15; 1965 c.463 §19; 1967 c.232 §2; 1973 c.562 §2; 1973 c.631 §4; 1981 c.424 §2; 1987 c.251 §4; 1987 c.320 §35; 1995 c.657 §20; 2015 c.508 §§1,4]

Notes of Decisions

Where proba­tion violator was sen­tenced to penitentiary for viola­tion, this sec­tion did not apply to time pre­vi­ously served as condi­tion of proba­tion, but only to number of days for which he was sub­se­quently incarcerated as result of proba­tion viola­tion. Brown v. Cupp, 31 Or App 1237, 572 P2d 1065 (1977)

Upon proba­tion revoca­tion, sheriff rather than trial judge has responsibility of crediting defendant with time served after arrest. State v. Rudy, 33 Or App 635, 603 P2d 1230 (1979)

Where peti­tioner was sen­tenced to life on federal charge in 1965 and to life on state charge later that year, under this sec­tion, peti­tioner’s Oregon sen­tence was consecutive to federal sen­tence, commenced when he was delivered to custody of Oregon authorities and not credited with time served on federal sen­tence. Gray v. Board of Parole, 71 Or App 757, 694 P2d 572 (1984), Sup Ct review denied

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)

Where individual’s temporary leave from Oregon State Prison was revoked because he was arrested on new robbery charges, he was not entitled to credit on robbery sen­tences under this sec­tion for time served at prison between arrest and sen­ten­cing. Chambers v. Maass, 92 Or App 283, 758 P2d 393 (1988), Sup Ct review denied

Imposi­tion of sen­tence without giving credit for 161 days time spent in jail between arrest and date of sen­ten­cing was improper as nothing in sen­ten­cing guide­lines changes statutory pro­vi­sions that require credit for post-arrest im­pris­on­­ment. State v. Barber, 113 Or App 603, 832 P2d 51 (1992)

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)

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

Person who is on home deten­tion or other pretrial condi­tional release is not “confined” for purposes of accumulating credit for time served. Curtiss v. Depart­ment of Correc­tions, 212 Or App 42, 157 P3d 279 (2007)

Completed Cita­tions

State v. Penland, 6 Or App 255, 486 P2d 1314 (1971), Sup Ct review denied

Atty. Gen. Opinions

Date when consecutive state sen­tence imposed on federal prisoner commences, (1980) Vol 40, p 494; 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.