2007 ORS 137.705¹
Definitions for ORS 137.705 and 137.707

(1)(a) As used in this section and ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders):

(A) "Charged" means the filing of an accusatory instrument in a court of criminal jurisdiction alleging the commission of an offense listed in ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders).

(B) "Prosecuted" includes pretrial and trial procedures, requirements and limitations provided for in criminal cases.

(b) Unless otherwise provided in ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders), ORS chapters 137 and 138 apply to proceedings under ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders).

(2)(a) Notwithstanding ORS 419B.100 (Jurisdiction) and 419C.005 (Jurisdiction), a person 15, 16 or 17 years of age at the time of committing the offense may be charged with the commission of an offense listed in ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders) and may be prosecuted as an adult.

(b) The district attorney shall notify the juvenile court and the juvenile department when a person under 18 years of age is charged with an offense listed in ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders).

(c) The filing of an accusatory instrument in a criminal court under ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders) divests the juvenile court of jurisdiction in the matter if juvenile court jurisdiction is based on the conduct alleged in the accusatory instrument or any conduct arising out of the same act or transaction. Upon receiving notice from the district attorney under paragraph (b) of this subsection, the juvenile court shall dismiss, without prejudice, the juvenile court proceeding and enter any order necessary to transfer the matter or transport the person to the criminal court for further proceedings. Nothing in this paragraph affects the authority or jurisdiction of the juvenile court with respect to other matters or conduct.

(3)(a) A person charged with a crime under ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders) who is 16 or 17 years of age shall be detained in custody in a jail or other place where adults are detained subject to release on the same terms and conditions as for adults.

(b) Notwithstanding paragraph (a) of this subsection, the sheriff and the director of the county juvenile department may agree to detain the person charged in a place other than the county jail.

(c) If a person charged with a crime under ORS 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders) is under 16 years of age, the person may not be detained, either before conviction or after conviction but before execution of the sentence, in a jail or other place where adults are detained. [1995 c.422 §48]

Note: See second note under 137.700 (Offenses requiring imposition of mandatory minimum sentences).

Notes of Decisions

Mandatory sen­tences for violent crimes do not violate Oregon Constitu­tion Article III, sec­tion 1 (separa­tion of powers); pre-1996 version of Article I, sec­tion 15 (no vindictive justice); or Article I, sec­tion 16 (cruel and unusual punish­ment). State ex rel Caleb v. Beesley, 326 Or 83, 949 P2d 724 (1997)

Sentencing disparity between crimes bearing mandatory min­i­mum sen­tence and other crimes in same block of sen­ten­cing guide­lines grid does not violate propor­tionality require­ment of sec­tion 16, Article I of Oregon Constitu­tion. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)

Mandatory min­i­mum sen­ten­cing scheme does not violate guarantee under United States Constitu­tion concerning cruel and unusual punish­ment, right to allocu­tion or right to counsel. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)


1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.