OAR 213-005-0006: Optional Probationary Sentences

(1) If an offense is classified in grid blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional probationary sentence upon making the specific findings on the record: (a) An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; (b) The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and (c) The probationary sentence will serve community interests by promoting offender reformation. (2) The sentencing judge shall not impose an optional probationary sentence if: (a) A firearm was used in the commission of the offense; or (b) At the time of the offense, the offender was under correctional supervision status for a felony conviction or a juvenile adjudication as defined in OAR 213-003-0001(11); or (c) The offender’s conviction is for Manufacture of a Controlled Substance involving substantial quantities of methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS 475.996(1)(a). (3) A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.