2017 ORS 137.390¹
Commencement, term and termination of term of imprisonment in county jail
  • treatment of prisoners therein

The commencement, term and termination of a sentence of imprisonment in the county jail is to be ascertained by the rule prescribed in ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution), and the manner of such confinement and the treatment of persons so sentenced shall be governed by whatever law may be in force prescribing the discipline of county jails. [Amended by 1973 c.631 §3]

Notes of Decisions

This sec­tion read together with ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) (2) provides that a defendant is entitled to credit on a misdemeanor sen­tence for time of incarcera­tion arising out of the same charge prior to sen­tence therefor. State v. Elksnis, 12 Or App 342, 504 P2d 1070 (1973)

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)

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.