2015 ORS 161.665¹
Costs

(1) Except as provided in ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel), the court, only in the case of a defendant for whom it enters a judgment of conviction, may include in its sentence thereunder a money award for all costs specially incurred by the state in prosecuting the defendant. Costs include a reasonable attorney fee for counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) and a reasonable amount for fees and expenses incurred pursuant to preauthorization under ORS 135.055 (Compensation and expenses of appointed counsel). A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Public Defense Services Commission under ORS 151.216 (Duties). Costs do not include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law.

(2) Except as provided in ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel), the court, after the conclusion of an appeal of its initial judgment of conviction, may include in its general judgment, or enter a supplemental judgment that includes, a money award that requires a convicted defendant to pay a reasonable attorney fee for counsel appointed pursuant to ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds), including counsel who is appointed under ORS 151.216 (Duties) or counsel who is under contract to provide services for the proceeding under ORS 151.219 (Public defense services executive director), and other costs and expenses allowed by the public defense services executive director under ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) (4). A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the commission under ORS 151.216 (Duties).

(3) For purposes of subsections (1) and (2) of this section, compensation of counsel is determined by reference to a schedule of compensation established by the commission under ORS 151.216 (Duties).

(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675 (Time and method of payment of fines, restitution and costs).

(6) Except as provided in subsection (7) of this section, all moneys collected or paid under this section shall be paid into the Criminal Fine Account.

(7) The court may, in the judgment of conviction, include a money award requiring the defendant to pay the costs of extraditing the defendant to this state. Any amounts awarded to the state under this subsection must be listed separately in the money award portion of the judgment. All moneys collected or paid under this subsection shall be deposited into the Arrest and Return Account established by ORS 133.865 (Arrest and Return Account). [1971 c.743 §80; 1981 s.s. c.3 §120; 1983 c.763 §12; 1985 c.710 §3; 1987 c.803 §26; 1989 c.1053 §11; 1991 c.460 §12; 1991 c.840 §1; 1997 c.761 §1; 2001 c.962 §§41,113; 2003 c.449 §29; 2003 c.576 §§247,248; 2003 c.615 §2; 2011 c.597 §44; 2015 c.198 §2]

Notes of Decisions

Fees of appointed de­fense attorneys and investiga­tion expenses are "costs" which are assessable to defendant as part of sen­tence. State v. Fuller, 12 Or App 152, 504 P2d 1393 (1973), Sup Ct review denied, aff'd 40 L Ed 2d 642, 94 S Ct 2116

This sec­tion does not unconstitu­tionally deny defendant right to counsel, nor unconstitu­tionally discriminate against him because of poverty. State v. Fuller, 12 Or App 152, 504 P2d 1393 (1973), Sup Ct review denied, aff'd 40 L Ed 2d 642, 94 S Ct 2116

When sen­tence is imposed and defendant has commenced service of that sen­tence, trial court's jurisdic­tion to supple­ment it by amend­ment is exhausted. State v. Olson, 22 Or App 344, 539 P2d 166 (1975)

As a condi­tion of proba­tion, the defendant may be re­quired to pay for the state's witness fees but not juror's fees. State v. Hastings, 24 Or App 123, 544 P2d 590 (1976)

Prevailing party fee cannot be included as part of costs incurred by state and chargeable to convicted crim­i­nal defendant. State v. Marino, 25 Or App 817, 551 P2d 131 (1976)

Due process requires that defendant be afforded notice that costs may be imposed, and be given opportunity to be heard on whether imposi­tion of costs is appropriate. Stacey v. State of Oregon, 30 Or App 1075, 569 P2d 640 (1977)

Expense of transporting defendant to Oregon after waiver of extradi­tion was cost "specially incurred by state in prosecuting defendant" and was properly assessed as part of sen­tence. State v. Armstrong, 44 Or App 219, 605 P2d 736 (1980), Sup Ct review denied

Overtime pay to sheriff's deputies who testified at trial was not proper part of costs that could be assessed against convicted defendant under this sec­tion. State v. Washburn, 48 Or App 157, 616 P2d 554 (1980)

Appoint­ment of counsel for indigent peti­tioners in post-con­vic­­tion ac­tions does not, by itself, subject peti­tioners to pay­ment of attorney fees. Hawk v. State of Oregon, 51 Or App 655, 626 P2d 931 (1981)

Expenses incurred prior to charging of defendant are not costs of pros­e­cu­­tion. State v. Haynes, 53 Or App 850, 633 P2d 38 (1981), Sup Ct review denied; State v. Haynes, 61 Or App 43, 655 P2d 621 (1982), Sup Ct review denied

Criminal defendant can be re­quired to pay costs incurred by state following filing of felony in­for­ma­­tion against him in district court. State v. Haynes, 61 Or App 43, 655 P2d 621 (1982), Sup Ct review denied

Court should consider defendant's ability to pay and financial resources before imposing obliga­tion to reimburse state for costs of trial. State v. Armstrong, 71 Or App 467, 692 P2d 699 (1984)

If expenses would not be recoverable by Depart­ment of Justice, they are not made recoverable by billing them to an­oth­er agency. State v. Heston, 74 Or App 631, 704 P2d 541 (1985)

Costs for psychiatric evalua­tion made before defendant was indicted for mur­der cannot properly be assessed against defendant because only those expenses specially incurred after formal pros­e­cu­­tion of defendant has commenced may be assessed as costs under this sec­tion. State v. Twitty, 85 Or App 98, 735 P2d 1252 (1987), Sup Ct review denied

Court erred in imposing condi­tion of proba­tion requiring defendant to reimburse state for court appointed attorney fees without considering defendant's present or future ability to pay. State v. San Antonio, 96 Or App 282, 772 P2d 449 (1989)

Where condi­tion of proba­tion requires defendant to pay all costs incurred by state in providing de­fense, court's failure to specify amount was error. State v. Moore, 96 Or App 541, 773 P2d 25 (1989)

Amount assessable as "reasonable attorney fee" is not limited to expenses actually incurred in defending particular case. State v. Gruver, 138 Or App 124, 906 P2d 852 (1995)

Because "con­vic­­tion" requires judg­ment and imposi­tion of crim­i­nal sen­tence, per­son found guilty except for insanity cannot be re­quired to pay state expenses. State v. Gile, 161 Or App 146, 985 P2d 199 (1999)

"Expenses inherent in providing a constitu­tionally guaranteed jury trial" refers only to expenses relating to jury aspect of trial, not to expenses relating to all constitu­tional rights guaranteed defendant at jury trial. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)

Costs incurred in extraditing defendant for proba­tion viola­tion are not recoverable because they are not incurred during pros­e­cu­­tion of defendant in pro­ceed­ing leading to entry of judg­ment of con­vic­­tion. State v. Flajole, 204 Or App 295, 129 P3d 770 (2006)

Court cannot impose fees where record says nothing about whether defendant is or may be able to pay fees. State v. Pendergrapht, 251 Or App 630, 284 P3d 573 (2012)

Salary-related pay­ments--whether for regular, overtime, or unbudgeted overtime work--are excluded from scope of sec­tion as expenditures in connec­tion with maintenance and opera­tion of govern­ment agencies. State v. Kuehner, 252 Or App 628, 288 P3d 578 (2012)

Law Review Cita­tions

11 WLJ 284, 288, 289, 291 (1975); 55 OLR 101 (1976)

Notes of Decisions

Fees of appointed de­fense attorneys and investiga­tion expenses are "costs" which are assessable to defendant as part of sen­tence. State v. Fuller, 12 Or App 152, 504 P2d 1393 (1973), Sup Ct review denied, aff'd 40 L Ed 2d 642, 94 S Ct 2116

When sen­tence is imposed and defendant has commenced service of that sen­tence, trial court's jurisdic­tion to supple­ment it by amend­ment is exhausted. State v. Olson, 22 Or App 344, 539 P2d 166 (1975)

As a condi­tion of proba­tion, the defendant may be re­quired to pay for the state's witness fees but not juror's fees. State v. Hastings, 24 Or App 123, 544 P2d 590 (1976)

Prevailing party fee cannot be included as part of costs incurred by state and chargeable to convicted crim­i­nal defendant. State v. Marino, 25 Or App 817, 551 P2d 131 (1976)

Due process requires that defendant be afforded notice that costs may be imposed, and be given opportunity to be heard on whether imposi­tion of costs is appropriate. Stacey v. State of Oregon, 30 Or App 1075, 569 P2d 640 (1977)

Expense of transporting defendant to Oregon after waiver of extradi­tion was cost "specially incurred by state in prosecuting defendant" and was properly assessed as part of sen­tence. State v. Armstrong, 44 Or App 219, 605 P2d 736 (1980), Sup Ct review denied

Criminal defendant can be re­quired to pay costs incurred by state following filing of felony in­for­ma­­tion against him in district court. State v. Haynes, 61 Or App 43, 655 P2d 621 (1982), Sup Ct review denied

Court should consider defendant's ability to pay and financial resources before imposing obliga­tion to reimburse state for costs of trial. State v. Armstrong, 71 Or App 467, 692 P2d 699 (1984)

If expenses would not be recoverable by Depart­ment of Justice, they are not made recoverable by billing them to an­oth­er agency. State v. Heston, 74 Or App 631, 704 P2d 541 (1985)

Law Review Cita­tions

11 WLJ 284, 288, 289, 291 (1975); 55 OLR 101 (1976)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.