2017 ORS 137.669¹
Guidelines control sentences
  • mandatory sentences

The guidelines adopted under ORS 137.667 (Amendments to sentencing guidelines), together with any amendments, supplements or repealing provisions, shall control the sentences for all crimes committed after the effective date of such guidelines. Except as provided in ORS 137.637 (Determining length of determinate sentences) and 137.671 (Authority of court to impose sentence outside guidelines), the incarcerative guidelines and any other guidelines so designated by the Oregon Criminal Justice Commission shall be mandatory and constitute presumptive sentences. [1987 c.619 §5; 1989 c.790 §95; 1995 c.420 §7; 1997 c.691 §4]

Note: See note under 137.651 (Definitions for ORS 137.654, 137.656 and 137.658).

Notes of Decisions

Multiple crimes from single crim­i­nal episode cannot be used to increase defendant’s crim­i­nal history score. State v. Seals, 113 Or App 700, 833 P2d 1344 (1992)

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

Rule for calculating crim­i­nal history applies equally where acts from unrelated crim­i­nal episodes are combined in one pro­ceed­ing and sen­tences for separate acts are separately imposed regardless of whether pro­ceed­ing under one indict­ment or more. State v. Miller, 317 Or 297, 855 P2d 1093 (1993)

Where charges under two indict­ments are sen­tenced at same hearing, con­vic­­tion under first indict­ment can be counted in crim­i­nal history as prior con­vic­­tion in determining sen­tence for con­vic­­tion under sec­ond indict­ment. State v. Bucholz, 317 Or 309, 855 P2d 1100 (1993)

Crimes committed separately, even if sen­tenced in same pro­ceed­ing, are unrelated incidents and are not part of single crim­i­nal episode. State v. Bucholz, 317 Or 309, 855 P2d 1100 (1993)

Notes of Decisions

Sentencing Guide­lines do not violate Article I, sec­tion 15, Article I, sec­tion 16 or Article III, sec­tion 1 of the Oregon Constitu­tion. State v. Spinney, 109 Or App 573, 820 P2d 854 (1991)

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.