ORS 144.791: Presentence report in felony conviction cases; when required.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) When a person is convicted of a felony, including a felony sexual offense, the sentencing court may order a presentence report upon its own motion or upon the request of the district attorney or the defendant. (2) The sentencing court shall order a presentence report if the defendant is convicted of a felony sexual offense unless: (a) The defendant, as part of the same prosecution, is convicted of aggravated murder; (b) The felony sexual offense requires the imposition of a mandatory minimum prison sentence and no departure is sought by the court, district attorney or defendant; or (c) The felony sexual offense requires imposition of a presumptive prison sentence and no departure is sought by the court, district attorney or defendant. (3) The Department of Corrections shall: (a) Require that a presentence report provide an analysis of what disposition is most likely to reduce the offender’s criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody, whether provided by the department or another entity; (b) Determine what additional information must be included in the presentence report; and (c) Establish a uniform presentence report form. [1995 c.520 §4 (enacted in lieu of 144.790); 2005 c.473 §1]
This rule cites
No citations extracted.
Cited by
- ORS 144.098: Review of release plan.
- ORS 144.120: Initial parole hearing; setting initial parole release date; deferral of setting initial date.
- ORS 144.140: Rules.
- ORS 144.185: Records and information available to board.
- ORS 144.775: Commission members; terms; compensation; rules on duration of prison terms.
- OAR 291-038-0005: Authority, Purpose and Policy
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors144.html