ORS 137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court

  • lesser included offenses
  • return to juvenile court

(1)

When a person waived under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a) is convicted of an offense listed in subsection (4) of this section, the court shall impose at least the presumptive term of imprisonment provided for the offense in subsection (4) of this section. The court may impose a greater presumptive term if otherwise permitted by law, but may not impose a lesser term. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in the minimum sentence for any reason under ORS 421.121 (Reduction in term of incarceration) or any other provision of law. The person is eligible for a hearing and conditional release under ORS 420A.203 (Eligibility for second look) and 420A.206 (Conditional release).

(2)

ORS 138.052 (Appeal from judgment of conviction and sentence of death), 163.105 (Sentencing options for aggravated murder) and 163.150 (Sentencing for aggravated murder) apply to sentencing a person prosecuted under this section and convicted of aggravated murder under ORS 163.095 (“Aggravated murder” defined) except that a person who was under 18 years of age at the time the offense was committed is not subject to a sentence of death or life imprisonment without the possibility of release or parole.

(3)

The court shall commit the person to the legal and physical custody of the Department of Corrections.

(4)

The offenses to which this section applies and the presumptive sentences are:

(a)

Intentionally left blank —Ed.

(A)

Murder in the second
degree, as defined in
ORS 163.115 (Murder in the second degree). 300 months

(B)

Murder in the first
degree, as defined
in ORS 163.107 (Murder in the first degree). 360 months

(C)

Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095 (“Aggravated murder” defined). 120 months

(D)

Attempt or conspiracy
to commit murder
in any degree. 90 months

(E)

Manslaughter in the
first degree, as defined
in ORS 163.118 (Manslaughter in the first degree). 120 months

(F)

Manslaughter in the
second degree, as defined
in ORS 163.125 (Manslaughter in the second degree). 75 months

(G)

Assault in the first
degree, as defined
in ORS 163.185 (Assault in the first degree). 90 months

(H)

Assault in the second
degree, as defined
in ORS 163.175 (Assault in the second degree). 70 months

(I)

Kidnapping in the first
degree, as defined in
ORS 163.235 (Kidnapping in the first degree). 90 months

(J)

Kidnapping in the second
degree, as defined in
ORS 163.225 (Kidnapping in the second degree). 70 months

(K)

Rape in the first degree,
as defined in ORS 163.375 (Rape in the first degree). 100 months

(L)

Rape in the second
degree, as defined in
ORS 163.365 (Rape in the second degree). 75 months

(M)

Sodomy in the first
degree, as defined in
ORS 163.405 (Sodomy in the first degree). 100 months

(N)

Sodomy in the second
degree, as defined in
ORS 163.395 (Sodomy in the second degree). 75 months

(O)

Unlawful sexual
penetration in the first
degree, as defined
in ORS 163.411 (Unlawful sexual penetration in the first degree). 100 months

(P)

Unlawful sexual
penetration in the
second degree, as
defined in ORS 163.408 (Unlawful sexual penetration in the second degree). 75 months

(Q)

Sexual abuse in the first
degree, as defined in
ORS 163.427 (Sexual abuse in the first degree). 75 months

(R)

Robbery in the first
degree, as defined in
ORS 164.415 (Robbery in the first degree). 90 months

(S)

Robbery in the second
degree, as defined in
ORS 164.405 (Robbery in the second degree). 70 months

(b)

Intentionally left blank —Ed.

(A)

Arson in the first degree,
as defined in ORS 164.325 (Arson in the first degree),
when the offense represented
a threat of serious
physical injury. 90 months

(B)

Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670 (Using child in display of sexually explicit conduct). 70 months

(C)

Compelling prostitution,
as defined in ORS 167.017 (Compelling prostitution)
(1)(a), (b) or (d). 70 months

(c)

Aggravated vehicular
homicide, as defined in
ORS 163.149 (Aggravated vehicular homicide). 240 months

(5)

If a person charged with an offense under this section is found guilty of a lesser included offense and the lesser included offense is:

(a)

An offense listed in subsection (4) of this section, the court shall sentence the person as provided in subsections (1) and (2) of this section.

(b)

Not an offense listed in subsection (4) of this section:

(A)

But constitutes an offense for which waiver is authorized under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), the court, upon motion of the district attorney, shall hold a hearing to determine whether to retain jurisdiction or to transfer the case to juvenile court for disposition. In determining whether to retain jurisdiction, the court shall consider the criteria for waiver in ORS 419C.349 (Grounds for waiving youth to adult court). If the court retains jurisdiction, the court shall sentence the person as an adult under sentencing guidelines. If the court does not retain jurisdiction, the court shall:
(i)
Order that a presentence report be prepared;
(ii)
Set forth in a memorandum any observations and recommendations that the court deems appropriate;
(iii)
Enter an order transferring the case to the juvenile court for disposition under ORS 419C.067 (Case transferred to juvenile court after verdict in criminal court) and 419C.411 (Disposition order); and
(iv)
Enter an order providing that all court records of the case are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255 (Maintenance).

(B)

And is not an offense for which waiver is authorized under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), the court may not sentence the person. The court shall:
(i)
Order that a presentence report be prepared;
(ii)
Set forth in a memorandum any observations and recommendations that the court deems appropriate;
(iii)
Enter an order transferring the case to the juvenile court for disposition under ORS 419C.067 (Case transferred to juvenile court after verdict in criminal court) and 419C.411 (Disposition order); and
(iv)
Enter an order providing that all court records of the case are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255 (Maintenance).

(6)

When a person is charged under this section, other offenses based on the same act or transaction shall be charged as separate counts in the same accusatory instrument and consolidated for trial, whether or not the other offenses are aggravated murder or offenses listed in subsection (4) of this section. If it appears, upon motion, that the state or the person charged is prejudiced by the joinder and consolidation of offenses, the court may order an election or separate trials of counts or provide whatever other relief justice requires.

(7)

Intentionally left blank —Ed.

(a)

If a person charged and tried as provided in subsection (6) of this section is found guilty of aggravated murder or an offense listed in subsection (4) of this section and one or more other offenses, the court shall impose the sentence for aggravated murder or the offense listed in subsection (4) of this section as provided in subsections (1) and (2) of this section and shall impose sentences for the other offenses as otherwise provided by law.

(b)

If a person charged and tried as provided in subsection (6) of this section is not found guilty of aggravated murder or an offense listed in subsection (4) of this section, but is found guilty of one of the other charges that constitutes an offense for which waiver is authorized under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b), the court, upon motion of the district attorney, shall hold a hearing to determine whether to retain jurisdiction or to transfer the case to juvenile court for disposition. In determining whether to retain jurisdiction, the court shall consider the criteria for waiver in ORS 419C.349 (Grounds for waiving youth to adult court). If the court retains jurisdiction, the court shall sentence the person as an adult under sentencing guidelines. If the court does not retain jurisdiction, the court shall:

(A)

Order that a presentence report be prepared;

(B)

Set forth in a memorandum any observations and recommendations that the court deems appropriate;

(C)

Enter an order transferring the case to the juvenile court for disposition under ORS 419C.067 (Case transferred to juvenile court after verdict in criminal court) and 419C.411 (Disposition order); and

(D)

Enter an order providing that all court records of the case are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255 (Maintenance). [1995 c.422 §49; 1995 c.421 §4; 1997 c.852 §3; 1999 c.1055 §12; 2007 c.867 §6; 2011 c.334 §2; 2019 c.634 §5; 2019 c.635 §11]
Note: See second note under 137.700 (Offenses requiring imposition of mandatory minimum sentences).

Source: Section 137.707 — Mandatory minimum sentences for certain juvenile offenders waived to adult court; lesser included offenses; return to juvenile court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

Notes of Decisions

Mandatory minimum sentence of 75 months for sexual abuse committed by minor with no previous record was not unconstitutionally disproportionate punishment. State v. Rhodes, 149 Or App 118, 941 P2d 1072 (1997), Sup Ct review denied

Where defendant over age 18 is tried for offense committed while juvenile, conviction on lesser included offense does not result in transfer of matter to juvenile court for disposition. State v. Pike, 177 Or App 151, 33 P3d 374 (2001), Sup Ct review denied

For purposes of calculating age of person at time of offense, person is considered to have attained higher age at midnight commencing person’s birthday. Coley v. Morrow, 183 Or App 426, 52 P3d 1090 (2002), Sup Ct review denied

Due process requires juvenile court to hold hearing to determine that defendant should be remanded to adult court only when state’s statutory scheme grants juvenile court discretion to determine appropriateness of remand. State v. Gaige, 304 Or App 471, 468 P3d 532 (2020), Sup Ct review denied

Law Review Citations

82 OLR 1 (2003); 52 WLR 61 (2015); 23 LCLR 465 (2019)

137.010
Duty of court to ascertain and impose punishment 137.012
Suspension of imposition or execution of sentence of person convicted of certain sexual offenses 137.013
Appearance by victim at time of sentencing 137.017
Disposition of fines, costs and security deposits received by court 137.020
Time for pronouncing judgment 137.030
Presence of defendant at pronouncement of judgment 137.040
Bringing defendant in custody to pronouncement of judgment 137.050
Nonattendance or nonappearance of released defendant when attendance required by court 137.060
Form of bench warrant 137.070
Counties to which bench warrant may issue 137.071
Requirements for judgment documents 137.074
Fingerprints of convicted felons and certain misdemeanants required 137.076
Blood or buccal sample and thumbprint of certain convicted defendants required 137.077
Presentence report 137.079
Presentence report 137.080
Consideration of circumstances in aggravation or mitigation of punishment 137.085
Age and physical disability of victim as factors in sentencing 137.090
Considerations in determining aggravation or mitigation 137.100
Defendant as witness in relation to circumstances 137.101
Compensatory fine 137.103
Definitions for ORS 137.101 to 137.109 137.105
Authority of trial court during pendency of appeal 137.106
Restitution to victims 137.107
Authority of court to amend part of judgment relating to restitution 137.108
Restitution when defendant has entered into diversion agreement 137.109
Effect of restitution order on other remedies of victim 137.118
Assignment of judgments for collection of monetary obligation 137.120
Term of sentence 137.121
Maximum consecutive sentences 137.123
Provisions relating to concurrent and consecutive sentences 137.124
Commitment of defendant to Department of Corrections or county 137.126
Definitions for ORS 137.126 to 137.131 137.128
Community service as part of sentence 137.129
Length of community service sentence 137.131
Community service as condition of probation for offense involving graffiti 137.138
Forfeiture of weapons and revocation of hunting license for certain convictions 137.143
All monetary obligations constitute single obligation on part of convicted person 137.145
Definitions for ORS 137.145 to 137.159 137.146
Priorities for application of payments on criminal judgments entered in circuit courts 137.147
Priorities for application of payments on criminal judgments entered in local courts 137.149
Level I obligations in circuit court judgments 137.151
Level I obligations in local court judgments 137.153
Level II obligations in circuit court judgments 137.154
Level II obligations in local court judgments 137.155
Level III obligations in circuit court judgments 137.156
Level III obligations in local court judgments 137.157
Level IV obligations in circuit court judgments 137.158
Level IV obligations in local court judgments 137.159
Level V obligations in circuit court judgments 137.167
Imprisonment when county jail is not suitable for safe confinement 137.170
Entry of judgment in criminal action 137.172
Entry of corrected judgment 137.175
Judgment in criminal action that effects release of defendant 137.183
Interest on judgments 137.210
Taxation of costs against complainant 137.212
Clerk to prepare trial court file 137.218
Joint petition for reconsideration of conviction or sentence 137.221
Vacation of judgment of conviction for prostitution 137.222
Motion for reduction of marijuana conviction offense classification 137.223
Order setting aside judgment of guilty except for insanity 137.225
Order setting aside conviction or record of criminal charge 137.226
Eligibility for order setting aside certain marijuana convictions 137.227
Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person 137.228
Finding that defendant is alcoholic or drug-dependent person 137.229
Duty of Department of Corrections 137.230
Definitions for ORS 137.260 137.260
Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged 137.270
Effect of felony conviction on property of defendant 137.275
Effect of felony conviction on civil and political rights of felon 137.281
Withdrawal of rights during term of incarceration 137.285
Retained rights of felon 137.286
Minimum fines for misdemeanors and felonies 137.300
Criminal Fine Account 137.301
Legislative findings 137.310
Authorizing execution of judgment 137.315
Electronic telecommunication of notice of judgment authorized 137.320
Delivery of defendant when committed to Department of Corrections 137.330
Where judgment of imprisonment in county jail is executed 137.333
Exception to ORS 137.330 137.370
Commencement and computation of term of imprisonment in state correctional institution 137.372
Credit for time served as part of probationary sentence 137.375
Release of prisoners whose terms expire on weekends or legal holidays 137.380
Discipline, treatment and employment of prisoners 137.390
Commencement, term and termination of term of imprisonment in county jail 137.440
Return by officer executing judgment 137.450
Enforcement of money judgment in criminal action 137.452
Satisfaction of monetary obligation imposed as part of sentence 137.463
Death warrant hearing 137.464
Administrative assessment of defendant’s mental capacity 137.466
Judicial determination of defendant’s mental capacity 137.467
Delivery of warrant when place of trial changed 137.473
Means of inflicting death 137.476
Assistance by licensed health care professional or nonlicensed medically trained person 137.478
Return of death warrant after execution of sentence of death 137.482
Service of documents on defendant 137.520
Power of committing magistrate to parole and grant temporary release to persons confined in county jail 137.523
Custody of person sentenced to confinement as condition of probation 137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467 137.530
Investigation and report of parole and probation officers 137.532
Probation without entering plea 137.533
Probation without entering judgment of guilt 137.540
Conditions of probation 137.542
Probation conditions related to medical use of cannabis 137.545
Period of probation 137.547
Consolidation of probation violation proceedings 137.551
Revocation of probationary sentences 137.553
Use of citations for probation violations authorized 137.557
Citation 137.560
Copies of certain judgments to be sent to Department of Corrections 137.570
Authority to transfer probationer from one agency to another 137.580
Effect of transfer of probationer from one agency to another 137.590
Appointment of parole and probation officers and assistants 137.592
Policy regarding probation violations 137.593
Duty of corrections agencies to impose structured, intermediate sanctions for probation violations 137.595
Establishing system of sanctions 137.596
Probation violations 137.597
Probationer may consent to imposition of sanctions 137.599
Hearing prior to, or after, imposition of sanctions 137.610
Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge 137.620
Powers of parole and probation officers 137.630
Duties of parole and probation officers 137.633
Earned reduction of supervision period 137.635
Determinate sentences required for certain felony convictions 137.637
Determining length of determinate sentences 137.651
Definitions for ORS 137.654, 137.656 and 137.658 137.654
Oregon Criminal Justice Commission 137.656
Purpose and duties of commission 137.658
Authority of chairperson to create committees within commission 137.661
Agency cooperation with commission 137.662
Oregon Criminal Justice Commission Account 137.667
Amendments to sentencing guidelines 137.669
Guidelines control sentences 137.671
Authority of court to impose sentence outside guidelines 137.672
Aggravating factor sentencing rules relating to gender identity of victim 137.673
Validity of rules 137.674
Use of force data analysis 137.676
Development of method for district attorneys to record and report bias-related crime data 137.678
Analysis of bias-related crime and incident data 137.679
Restorative justice grant program 137.680
Development of specialty court standards 137.681
Innovative Grant Program 137.682
Innovative Grant Fund 137.683
Racial and ethnic impact statements for proposed legislation 137.685
Racial and ethnic impact statements for state measures 137.689
Oregon Crimefighting Act 137.690
Major felony sex crime 137.700
Offenses requiring imposition of mandatory minimum sentences 137.705
Definitions 137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court 137.709
Application of ORS 137.700 and 137.707 137.712
Exceptions to ORS 137.700 and 137.707 137.717
Presumptive sentences for certain property offenders 137.719
Presumptive life sentence for certain sex offenders upon third conviction 137.725
Presumptive life sentence for certain sex offenders upon second conviction 137.750
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs 137.751
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508 137.752
Requirements when defendant committed to custody of county 137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752 137.765
Sexually violent dangerous offenders 137.767
Presentence investigation and examination 137.769
Defendant’s right to independent examination 137.771
Resentencing hearing 137.924
Supervisory authority to provide information to agency directors 137.930
Criminal history data provider requirements
Green check means up to date. Up to date

Current through early 2024

§ 137.707’s source at oregon​.gov