2017 ORS 161.620¹
Sentences imposed upon waiver from juvenile court

Notwithstanding any other provision of law, a sentence imposed upon any person waived from the juvenile court under ORS 419C.349 (Grounds for waiving youth to adult court), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minimum sentence except that a mandatory minimum sentence under:

(1) ORS 163.105 (Sentencing options for aggravated murder) (1)(c) shall be imposed; and

(2) ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) may be imposed. [1985 c.631 §9; 1989 c.720 §3; 1993 c.33 §306; 1993 c.546 §119; 1995 c.422 §131y; 1999 c.951 §2]

Note: 161.620 (Sentences imposed upon waiver from juvenile court) was added to and made a part of ORS 161.615 (Maximum terms of imprisonment for misdemeanors) to 161.685 (Effect of nonpayment of fines, restitution or costs) by legislative action but was not added to any smaller series in that series. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

This sec­tion prohibits imposi­tion of any min­i­mum prison term on remanded juvenile, except if con­vic­­tion is under ORS 163.105 (Sentencing options for aggravated murder); overruling State v. Noble, 94 Or App 123, 764 P2d 949 (1988). Wells v. Peterson, 111 Or App 171, 826 P2d 13 (1992), aff’d on other grounds, 315 Or 233, 844 P2d 192 (1992)

“Mandatory min­i­mum sen­tence” means statutorily re­quired min­i­mum sen­tence. State v. Jones, 315 Or 225, 844 P2d 188 (1992); Engweiler v. Board of Parole, 343 Or 536, 175 P3d 408 (2007)

Where juvenile is convicted of crime specifically subjecting juvenile to mandatory min­i­mum sen­tence, general pro­hi­bi­­tion against mandatory min­i­mum sen­tence for juvenile does not apply. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied

Determinate sen­tence imposed under sen­ten­cing guide­lines is not “mandatory min­i­mum sen­tence.” State v. Davilla, 157 Or App 639, 972 P2d 902 (1998), Sup Ct review denied

Features of “Mandatory Minimum Sentence” Include

1) require­ment that court impose sen­tence; 2) specified dura­tion that court may not reduce; and 3) confine­ment of per­son. State v. Kennedy, 196 Or App 681, 103 P3d 660 (2004)

Statute has no applica­tion to authority of Board of Parole and Post-Prison Supervision to adopt rules allowing for parole release by juveniles convicted of ag­gra­vat­ed mur­der. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)

Law Review Cita­tions

75 OLR 1223 (1996); 52 WLR 61 (2015)

Law Review Cita­tions

51 OLR 433, 476, 489 (1972)

Chapter 161

Notes of Decisions

A juvenile court adjudica­tion of whether or not a child committed acts which would be a crim­i­nal viola­tion if committed by an adult must necessarily include an adjudica­tion of all af­firm­a­tive de­fenses that would be available to an adult being tried for the same crim­i­nal viola­tion. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Cita­tions

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature’s adop­tion of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­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.