West Linn, OR 97068 The cop wrote my ticket for 80. State v. Altman, 97 Or App 462, 777 P2d 969 (1989); State v. Guzman, 164 Or App 90, 990 P2d 370 (1999), Sup Ct review denied, Court did not err in assessing, as condition of probation, $250 rather than $90 for reimbursement of court-appointed attorney fees since only evidence regarding what state would pay for defendant's representation was his counsel's $250 calculation during sentencing. Your probation officer will be able to answer your questions and help you through the process. 2. Neighborhood Association Committees (NACs) South Beaverton NAC. https://oregon.public.law/rules/oar_213-005-0008. State v. Culbertson, 29 Or App 363, 563 P2d 1224 (1977), Condition of probation, requiring defendant convicted of criminally negligent homicide to pay $7,100 to victim's estate, was improper absent evidence that such sum constituted reparation or reimbursement for liquidated or easily measurable damages actually resulting from the offense. If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. If you need help completing the forms or have questions, please call the DUII Information Line at 503-945-6213 or email DUII.Info@dhsoha.state.or.us. Rule 213-005-0008 Duration of Probation, If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. State v. Gilkey, 111 Or App 303, 826 P2d 69 (1992), Evidence that defendant's codefendant and boyfriend was involved in methamphetamine manufacturing and trafficking and that he had recently been shot in narcotics related incident was sufficient to sustain trial court's imposition as condition of probation that defendant refrain from associating with him. Layne, Carla Annette, 46. Mail: Send payments to: To qualify, an offender must suffer from 1 of the following afflictions: WebDefinitions. A .gov website belongs to an official government organization in the UnitedStates. Office: 503-846-3730. Any evaluation, counseling, or testing ordered by the Court will be at your own expense. Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). entrepreneurship, were lowering the cost of legal services and WebProbation in which a defendant's compliance with court ordered conditions of probation are monitored by a monitoring agency (this is not classified as supervised probation). An official website of the State of Oregon . How do I get permission to leave the state? If you need help with your probation, contact us to schedule a consultation at a reasonable cost. WebOregon DUI bench probation UA tests I am 6 months in to my 2 year bench probation in Washington county. In addition, Fax: 503-846-3044. communityservice@washingtoncountyor.gov. A lock icon ( ) or https:// means youve safely connected to the .gov website. State v. Cox, 35 Or App 169, 581 P2d 104 (1978), Where probation condition interferes with marital right, court must consider whether spouse would be bad influence endangering rehabilitation or public safety and whether restriction less than total separation would protect societal interests. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied, Authority of probation officer to conduct home visit does not encompass authority to conduct search. This bienniums report contains the most current data pertaining to adults on supervision in the community including demographics, sanctions and revocations; performance measures; and impacts of Oregons Justice Reinvestment efforts such as Short-Term Transitional Leave expansion, earned discharge, and the Family Sentencing Alternative Pilot Program. If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. Its important to plan ahead and request a travel permit several days before you plan to travel as the request can take time to process. WebBoards, Commissions & Advisory Groups. State v. Campbell, 128 Or App 592, 876 P2d 799 (1994), Probationer's mere acquiescence to search by probation officer can constitute consent where evidence of undue coercion is absent. You are also not allowed to contact the person through a third-party, such as a friend or relative. WebThe general conditions of probation in Oregon are set out in ORS 137.540. WebOregon DUI bench probation UA tets I am 6 months in to my 2 year bench probation in Washington county. Just had a quick question. State v. Donovan, 307 Or 461, 770 P2d 581 (1989); State v. Qualey, 138 Or App 74, 906 P2d 835 (1995), Trial court has authority to modify conditions of probation and extend it without finding violation of probation. You can also use this form to update your address Only share sensitive information on official, secure websites. ;XK90Mk3c|>oywNtj^7O`F!y |:tiEX==;fWO IsrgCsZG]aRsao? It has known security flaws and may not display all features of this and other websites. OAR 213- 012-0040 (2) (a). Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. Pay supervision fee, fines, restitution, or other fees ordered by the Court. You can also call the following for assistance: -- 211 Information and Referral (simply dial 2 1 1) Formal probation is commonly known as "supervised" probation. Pro Se Motions can be filed for various reasons including requests to terminate Bench Probation, a request to modify conditions of Bench Probation and other requests criminal pro se parties may have for a Judge to review their case. State v. Wanrow, 30 Or App 75, 566 P2d 533 (1977), In trial of defendant convicted of theft and resale of $18,000 antique auto, court order requiring restitution of $18,000 within ninety days as condition of probation did not set forth so short a repayment period as to make condition impossible, was not inconsistent with court's prior finding that defendant was indigent for purposes of appointment of counsel, and was not abuse of discretion. Original Source: In either case, a Probation Officer monitors conditions imposed by the Oregon Board of Parole and Post-Prison Supervision. This can help avoid disputes later when, say, that law enforcement representative makes a false accusation against you either that you didnt do something you were supposed to, or you did something you werent supposed to. I do not have an assigned PO. You should discuss the requirements with your probation officer. Through social State v. McSweeney, 123 Or App 460, 860 P2d 305 (1993), Provision identifying personnel authorized to perform searches related to parole violations did not restrict searches by other personnel for other purposes. State v. Haynes, 53 Or App 850, 633 P2d 38 (1981), Sup Ct review denied, Where defendant was convicted on two felony counts for crimes committed while on probation for earlier felony conviction and court continued earlier probation but added new conditions by imposing consecutive county jail terms of imprisonment to be served after prison term for most recent convictions, court could act under authority of this section to modify conditions of probation. General Conditions: Post-Prison Supervision (PPS) Special Conditions: Post-Prison Supervision Sex Offender Package (PPS) Phone: 503-655-8603 Fax: 503-650-8942 Pay supervision fee, fines, restitution, or other fees ordered by the Court. You can also apply for early termination of any term of community control or house arrest if you have served at least fifty percent of your sentence. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), "Reparation" encompasses only reimbursement for victim's liquidated or easily measurable damages resulting from charged offense, embracing medical expenses, wages actually lost, and reimbursement for easily measurable property damage. Join thousands of people who receive monthly site updates. Attn: Court Accounting You could be sentenced to the maximum term in jail if you fail to comply with your probation. Learn The three individuals, all from Mosier, also face the penalties of bench probation, forfeiture of the animals meat and heads, and hunting suspensions, the agency said. The contact form below is subject to our Terms of Service. Bench probation, also called "court probation" is an unsupervised probation. Qualifying Diagnoses. State v. Brown, 122 Or App 632, 857 P2d 915 (1993), Sup Ct review denied, Prohibiting probationer in child endangerment case from residing with spouse if spouse used illegal drugs did not impermissibly interfere with marriage right. A .gov website belongs to an official government organization in the UnitedStates. But probation should often be a greater concern. State v. McCollister, 210 Or App 1, 150 P3d 7 (2006), Failure to make restitution payments, alone, is not sufficient to establish that purpose of probation are not being served. https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-005-0008 Join thousands of people who receive monthly site updates. It is important to keep the court advised of your current mailing address and phone number Location: Remember that conditions of supervision require you to get prior approval from your probation officer to change residence. There is no law requiring courts to impose one type of probation over the other. Nearman was sentenced to 18 months bench probation, 80 hours of community service, $200 in fines and $2,700 in restitution for damage to the Oregon Capitol. The purpose of this report, as listed in ORS 423.525(12), is to evaluate community corrections policy and assess the effectiveness of local revocation options. (4) Department means the Department of Corrections. 8, 2021). (10) Grid block means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offenders criminal history classification. You are ordered to report immediately to the Intake Officer with Clackamas County. NOTE: To view attachments referenced in rule text, click here to view rule. 229 0 obj <>stream www.oregon.gov/DOR/contact/Pages/default.aspx. If you have been You can request a travel permit directly with your Probation Officer, or submit a request here. increasing citizen access. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency. 4,537,100 adults under community supervision (probation or parole), Multnomah County Department of Community Justice (DCJ). Specific condition prohibiting entry into marriage without court permission was valid. 14. Promptly and truthfully answer all reasonable inquiries by the probation officer or the Court. A Uniform Plea Petition is required when a defendant intends to enter a plea to a charge and proceed to sentencing. The probation officer in the proposed county will investigate your residence to determine if it is appropriate. In addition, A .gov website belongs to an official government organization in the UnitedStates. 4. Participate in a substance abuse evaluation as directed by the supervising officer or the Court and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. endstream endobj 203 0 obj <>stream WebA private person making a citizens arrest The procedure followed when making arrests Oregon Statutes 133.235 states that when acting under a warrant, a peace officer can apprehend the accused at any time of the day or night and from any place within the acting jurisdiction of the law enforcement agent. However, a good general rule whenever you are dealing with government officials who work in law enforcement is to either communicate with them in writing (so that theres a record of exactly what was said), or to take very detailed notes of exactly when you spoke with them and what information was conveyed. Failure to comply with the Conditions of Probation, may result in a warrant for State v. Stanford, 100 Or App 303, 786 P2d 225 (1990), Although court may prohibit defendant from possessing and owning firearms as condition of probation, court may not confiscate and destroy defendant's firearms under this section. Failure to comply with the conditions of bench probation may result in a warrant for your arrest. State v. Martin, 282 Or 583, 580 P2d 536 (1978); State v. Saxon, 131 Or App 662, 886 P2d 505 (1994), Condition requiring probationer to submit to polygraph tests could constitutionally be imposed with no more than general finding of court that it was reasonably necessary to accomplish purpose of probation. State v. Kacin, 237 Or App 66, 240 P3d 1099 (2010), 10 WLJ 196 (1974); 55 OLR 101 (1976); 24 WLR 1159 (1988). WebClients must abide by general conditions and special conditions if ordered by the Oregon Board of Parole and Post-Prison Supervision or the Local Supervisory Authority. "oS+%;;oa)iXS &@I& (&#f2:4#Ia}M%{XYT!yPVD>[igMM&dQs.u._\e.$7ByWq\Le%3*&r'Lk]j5[`b4pgH|@cp1> YQ5H=Fsz-xzcwHxM/mC7U=j>mw~Wlwa;8tc1LRW_t2y}z&x>``R?[&L2$c@FZ2Yk<9^\lm3%MpSVa/ d;m@d4Qitd}9!6Z=%6Ill2! WebBench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. Community Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. Learn Original Source: 150 N First Ave Telephone: Credit card only. Your browser is out-of-date! "YvD VFRDx!5$Z If youre in need of housing, youre encouraged to talk to your probation officer. WebYou may be eligible for early termination of your probation if you have served at least fifty percent of the probationary term and you have completed all special conditions of your probation. (how to identify a Oregon.gov website) WebAdditional Statutory Conditions of Probation found in ORS 137.540 and Enhanced Bench Probation conditions also apply to your probation. WebOur hours are 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday. Web213-003-0001 Definitions As used in these rules: (1) "Bench probation" means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Court has no authority to impose jail sentence as condition of probation for misdemeanor offense committed after November 1, 1989. endstream endobj startxref hb```/ ea`8ci5 "o]!FFp10@` Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. Submit to testing of breath or urine for controlled substances or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances. My sister got into some trouble when she was about 18 years old. The general conditions of probation in Oregon are set out in ORS 137.540. Not possess weapons, firearms or dangerous animals. WebTERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION CONTINUE COURT DATE OTHER: _____ NOW COMES the above-named defendant and motions the court to: Obey all laws, municipal, county, state and federal. State v. Harding, 116 Or App 29, 840 P2d 113 (1992), Sup Ct review denied, This statute reflects legislative policy that trial courts should have maximum flexibility to determine conditions of probation and modify those conditions "at any time." Formal probation is most commonly known as supervised probation. An optional probationary sentence is not a dispositional departure. Remain in the State of Oregon until written permission to leave is granted by Adult Community Justice or a county community corrections agency. Informal probation is referred to as "bench" or "court" You can read more about probation violations generally on our Oregon probation violation page. WebCall (541) 385-3246 for more information. State v. Vaughn, 105 Or App 518, 805 P2d 733 (1991) Probation officer was not There are approximately 30,000 offendersunder supervision in Oregon communities and 12,000 offendersserving time in one of Oregons 12prisons. A monthly probation fee is one of the conditions of probation, unless it is waived by the Court or by the probation officer. All DUI cases in Oregon from diversions to multiple prior convictions require some form of DUI drug Failure to comply with the conditions of bench probation may result in a warrant for your arrest. Hillsboro, OR 97124. Permit the probation officer to visit the probationer or the probationers residence or work site, and report as required and abide by the direction of the supervising officer. Web291-019-0100Authority, Purpose, and Policy. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). State v. Age, 38 Or App 501, 590 P2d 759 (1979), Under former statute, which allowed reparation or restitution to crime victim, estate of homicide victim was not direct victim of crime entitled to restitution. (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.525 (6). (how to identify a Oregon.gov website) Fees imposed in a justice court under this subsection shall be paid to the county treasurer. This petition is for charges other than DUII. for non-profit, educational, and government users. WebCommunity Corrections in Oregon is a function of state government operated in partnership with local, county-operated community corrections agencies. nglP"/KK;!Ka{M93'0'CJ#h-f(k>Hk-lgQSfWYV ~,OD HD&Xb0K+ {R1=r._cFp! Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes. Fax: 503-742-8599, Court Hours:M-TH, 7:30am to 5:30pm, FRIDAY, 7:30am to 4:30pm - CLOSED ALTERNATING FRIDAYS, Winter Weather Preparedness and Resources, Motion and Order to Extend DUII Diversion, Order on Motion to Vacate IID - Diversion, Setting Aside an Arrest and/or Conviction Forms, Memorial Day Observance - City Offices Closed, Juneteenth Observance - City Offices Closed, Independence Day Observance - City Offices Closed, Labor Day Observance - City Offices Closed, Thanksgiving Day Observance - City Offices Closed, Christmas Day Observance - City Offices Closed. I cannot provide advise you, but would recommend that you consult with an attorney in Oregon, and in the same county where you were convicted. State v. Wanrow, 39 Or App 13, 591 P2d 751 (1979), Conditions of probation may not be fixed by probation officers. Web137.070 Counties to which bench warrant may issue; service. Pay supervision fees, fines, restitution or other fees ordered by the Court. It is important to keep the court advised of your current mailing address and phone number throughout the probationary period and immediately notify the Court of any change in address. (13) Optional probationary sentence means any probationary sentence imposed pursuant to. (9) Grid means the Sentencing Guidelines Grid set forth as Appendix 1. Change neither employment nor residence without prior permission from the probation officer or the Court. Hillsboro, Oregon 97124. (last accessed Jun. Your Probation Officer may be able to provide verification of your social security number and address. Failure to appear may result in a warrant for your arrest.Out of custody arraignments are Wednesday and Friday at 1:31 p.m. You will first attend an orientation in Room 206 where you will be notified of the charges against you and given an opportunity to apply for court appointed attorney. Union County Community Corrections Travis Miller, Director 1007 Fourth Street, Suite 2C, La Grande, OR 97850 541-963-1005 Fax: 541-963-1069 This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. State v. Kreitzer, 85 Or App 151, 735 P2d 1274 (1987), Trial court had statutory authority to increase DUII defendant's jail time by modifying conditions of probation although defendant had not violated terms of probation. 213 0 obj <>/Filter/FlateDecode/ID[<21F49F7B1DD92D4DA7279F78A380A88A>]/Index[198 32]/Info 197 0 R/Length 79/Prev 123597/Root 199 0 R/Size 230/Type/XRef/W[1 2 1]>>stream An official website of the State of Oregon WebPro Se Motions can be filed for various reasons including requests to terminate Bench Probation, a request to modify conditions of Bench Probation and other requests criminal ) or https: // means youve safely connected to the maximum term in jail if you have questions... 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Enter a Plea to a charge and proceed to sentencing ` F! y:. In jail if you have been you can also use this form to update your address share. For 80 the maximum term in jail if you need help completing forms! Formal probation is most commonly known as supervised probation requiring courts to impose one type probation... To comply with the conditions of probation over the other your probation officer may be able to verification! Failure to comply with the conditions of probation in Washington county of probation in Oregon are set in! @ FZ2Yk < 9^\lm3 % MpSVa/ d ; m @ d4Qitd } 9! 6Z= % 6Ill2 Z if in... Supervision fees, fines, restitution or other fees ordered by the Court or by the Court will be your! Fail to comply with the conditions of probation in Washington county years old website ) fees in. The following afflictions: WebDefinitions questions about bench probation clerk of people who receive monthly site..
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