2007 ORS 137.721¹
Presumptive sentences for certain methamphetamine offenses

(1) When a court sentences a person convicted of:

(a) Manufacture of methamphetamine under ORS 475.886 (Unlawful manufacture of methamphetamine) or 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), the court may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure of more than one-half of the presumptive prison sentence under the rules of the Oregon Criminal Justice Commission if the person has a previous conviction for:

(A) Delivery or manufacture of methamphetamine under ORS 475.840 (Prohibited acts generally), 475.886 (Unlawful manufacture of methamphetamine) or 475.890 (Unlawful delivery of methamphetamine);

(B) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) or 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school); or

(C) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance).

(b) Delivery of methamphetamine under ORS 475.890 (Unlawful delivery of methamphetamine) or 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school), the court may not impose a sentence of optional probation or grant a downward dispositional departure under the rules of the Oregon Criminal Justice Commission if:

(A) The delivery involved a substantial quantity of methamphetamine as described in ORS 475.900 (Crime category classification); and

(B) The person has a previous conviction for:

(i) Delivery or manufacture of methamphetamine under ORS 475.840 (Prohibited acts generally), 475.886 (Unlawful manufacture of methamphetamine) or 475.890 (Unlawful delivery of methamphetamine);

(ii) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) or 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school); or

(iii) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance).

(c) Delivery of methamphetamine under ORS 475.890 (Unlawful delivery of methamphetamine) or 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school), the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convictions for any combination of the following crimes:

(A) Delivery or manufacture of methamphetamine under ORS 475.840 (Prohibited acts generally), 475.886 (Unlawful manufacture of methamphetamine) or 475.890 (Unlawful delivery of methamphetamine);

(B) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) or 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school); or

(C) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance).

(2) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) An upward or downward durational departure sentence that is authorized by law or the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons unless otherwise noted in subsection (1) of this section. Unless otherwise authorized by law or rule of the Oregon Criminal Justice Commission, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section.

(3) As used in this section, "previous conviction" means:

(a) Convictions occurring before, on or after August 16, 2005; and

(b) Convictions entered in any other state or federal court for comparable offenses.

(4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

(5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079 (Presentence report). [2005 c.708 §8]

Note: 137.721 (Presumptive sentences for certain methamphetamine offenses) was enacted into law by the Legislative Assembly but was 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.

SENTENCING REQUIREMENTS CONCERNING DEFENDANT’S ELIGIBILITY FOR CERTAIN TYPES OF LEAVE, RELEASE OR PROGRAMS

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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.