OAR 213-005-0011: Sanction Units

(1) When imposing a probationary sentence, the sentencing judge may require that the offender serve a term of custody supervision in a correctional facility or as part of a custody program. The term of custody supervision shall be imposed as a number of sanction units. Sanction units not used to set an initial term of custody are automatically reserved for use as sanctions for probation violations or to insure the purposes of probation are being served. (2) The number of sanction units that may be imposed as part of a presumptive probationary sentence shall be determined by the grid block classification of the offense: (a) Up to 90 sanction units for offenses classified in Crime Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I; (b) Up to 120 sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and (c) Up to 180 sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, and 7-F through 7-I. (3) Notwithstanding section (2) of this rule, for offenders sentenced under 2011 Or Laws ch 598, the maximum number of sanction units that may be imposed as a presumptive probation sentence shall be up to 180 sanction units in grid blocks 4-C through 4-D. (4) If the sentencing judge imposes a probationary sentence as a dispositional departure or as an optional probationary sentence, the sentencing judge may impose up to 180 sanction units as a part of the sentence. Imposition of more than 180 sanction units is a departure. (5) Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124(2) or (4): (a) The supervisory authority shall incarcerate offenders sentenced under 2011 Or Laws ch 598 for at least the mandatory minimum term of 90 days without reduction for any reason. (b) Except for the mandatory minimum term of 90 days as provided in (5)(a) above, the supervisory authority may execute any sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority. (6) Notwithstanding the limits on sanction units established in sections 2 and 3 of this rule, an additional number of non-jail sanction units may be used to sanction violations of conditions of a probation sentence. There shall be no departure on these additional non-jail sanction units, nor may they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3). These additional non-jail sanction units are: (a) Up to 30 additional non-jail sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I; (b) Up to 60 additional non-jail sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I; and (c) Up to 90 additional non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed as a departure or pursuant to OAR 213-005-0006 (Optional Probation). (7) Notwithstanding the limits on sanction units established in sections 2, 3 and 4 of this rule, an additional number of sanction units may be used to sanction violations of conditions of a probation sentence. There shall be no departure on these additional sanction units, nor may they be used as jail sanction units pursuant to the findings allowed in OAR 213-005-0013(3). These additional sanction units are: (a) Up to 60 additional jail or non-jail sanction units for offenses classified in Crime Seriousness Categories 1 and 2 and grid blocks 3-G, 3-H and 3-I, of which no more than 30 may be jail sanction units; (b) Up to 105 additional jail or non-jail sanction units for offenses classified in grid blocks 3-A through 3-F, 4-C through 4-I, and 5-G through 5-I, of which no more than 45 may be jail sanction units; and (c) Up to 150 additional jail or non-jail sanction units for offenses classified in grid blocks 5-F, 6-F through 6-I, 7-F through 7-I, and offenses in which a sentence of probation was imposed as a departure or pursuant to OAR 213-005-0006 (Optional Probation), of which no more than 60 may be jail sanction units. (8) For crimes committed on or after January 1, 2002, section 6 shall not apply and section 7 shall operate in its place.