2017 ORS 137.750¹
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs

(1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for such leave, release or program.

(2) The executing or releasing authority may consider the defendant for a program described in subsection (1) of this section only upon order of the sentencing court appearing in the judgment.

(3) As used in this section:

(a) “Executing or releasing authority” means the Department of Corrections, State Board of Parole and Post-Prison Supervision, Oregon Youth Authority, Psychiatric Security Review Board, sentencing court or supervisory authority.

(b) “Supervisory authority” has the meaning given that term in ORS 144.087 (“Supervisory authority” defined). [1997 c.313 §14; 2008 c.35 §2; 2011 c.708 §19; 2013 c.229 §8; 2017 c.442 §17]

Note: The amendments to 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) by section 17, chapter 442, Oregon Laws 2017, become operative July 1, 2018. See section 36, chapter 442, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs). (1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for such leave, release or program.

(2) The executing or releasing authority may consider the defendant for a program described in subsection (1) of this section only upon order of the sentencing court appearing in the judgment.

(3) As used in this section:

(a) “Executing or releasing authority” means the Department of Corrections, State Board of Parole and Post-Prison Supervision, Oregon Youth Authority, Psychiatric Security Review Board, Oregon Health Authority, sentencing court or supervisory authority.

(b) “Supervisory authority” has the meaning given that term in ORS 144.087 (“Supervisory authority” defined).

Note: 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) to 137.754 (Authority of court to modify judgment to comply with ORS 137.750 and 137.752) were enacted into law by the Legislative Assembly but were 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.

Notes of Decisions

Applica­tion to crimes committed prior to enact­ment of statute, but before equivalent constitu­tional pro­vi­sion was declared void ab initio, does not increase quantum of punish­ment for of­fense in viola­tion of ex post facto pro­hi­bi­­tion of Oregon Constitu­tion. State v. Grimes, 163 Or App 340, 986 P2d 1290 (1999), Sup Ct review denied

Judicial finding that defendant may not be considered for beneficial modifica­tion of presumptive sen­tence is not finding of fact that increases max­i­mum penalty permitted for con­vic­­tion. State v. Clark, 205 Or App 338, 134 P3d 1074 (2006), Sup Ct review denied

Trial court may make defendant ineligible for reduc­tion in term of incarcera­tion because reduc­tion is sen­tence modifica­tion program, and Depart­ment of Correc­tions may grant reduc­tion only if sen­ten­cing court specifically orders that defendant is eligible for reduc­tion. State v. Berger, 284 Or App 156, 392 P3d 792 (2017)

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.