OAR 213-004-0010: Burglary I

(1) A prior Burglary I (ORS 164.225) conviction for an offense committed after the effective date of these rules shall be classified for criminal history: (a) As a prior person felony if that prior conviction was classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)); and (b) As a prior non-person felony if that prior conviction was classified as a Crime Category 7 offense on the Crime Seriousness Scale (OAR 213-018-0025(3)). (2) A prior Burglary I (ORS 164.225) conviction for an offense committed before the effective date of these rules or any juvenile adjudication for conduct, committed before or after the effective date of these rules, which if committed by an adult would have constituted Burglary I shall be classified as a prior person felony if the State proves by a preponderance of the evidence that the criminal conduct would have been classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)), however if the State does not meet that burden of proof, then the prior offense shall be classified as a prior non-person felony in crime category 7 (213-018-0025(3)).