2017 ORS 475.930¹
Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925

(1) When a court sentences a person under ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164.061, 475.907, 475.924 and 475.925) and 475.925 (Sentences for certain controlled substance offenses):

(a) The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in:

(A) ORS 475.925 (Sentences for certain controlled substance offenses) (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.

(B) ORS 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors) (1) and 475.925 (Sentences for certain controlled substance offenses) (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.

(C) ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older) shall be determined utilizing crime category 8 of the sentencing guidelines grid.

(b)(A) Notwithstanding ORS 161.605 (Maximum terms of imprisonment for felonies), the court shall impose the sentence described in ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164.061, 475.907, 475.924 and 475.925) and 475.925 (Sentences for certain controlled substance offenses) and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.

(B) The court may impose a sentence other than the sentence described in ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164.061, 475.907, 475.924 and 475.925) and 475.925 (Sentences for certain controlled substance offenses) if the court imposes a longer term of incarceration that is otherwise required or authorized by law.

(2) A person sentenced under ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.924 (Definitions for ORS 164.061, 475.907, 475.924 and 475.925) and 475.925 (Sentences for certain controlled substance offenses) may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed. [2008 c.14 §11]

Note: 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) was enacted into law but was not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­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.