The proposed county must agree before you will be allowed to transfer. Fax: 503-846-3044. communityservice@washingtoncountyor.gov. 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 You will remain under the jurisdiction of the Court for the length of probation. 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. (7) Dispositional line means the solid black line on the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in which the presumptive sentence is a term of imprisonment and post-prison supervision from the grid blocks in which the presumptive sentence is probation which may include local custodial sanctions. State v. Kacin, 237 Or App 66, 240 P3d 1099 (2010), 10 WLJ 196 (1974); 55 OLR 101 (1976); 24 WLR 1159 (1988). 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. A .gov website belongs to an official government organization in the UnitedStates. 211 Information and Referral. 6. State v. Fisher, 32 Or App 465, 547 P2d 354 (1978), Sup Ct review denied, Condition of probation, requiring defendant to make restitution for items which she was not convicted of taking and had not admitted taking, was improper. A Uniform Plea Petition is required when a defendant intends to enter a plea to a charge and proceed to sentencing. Its bench probation. 163.411 (Unlawful sexual penetration in the first degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree). I just finished my court mandated treatment which included weekly UAs. Only share sensitive information on official, secure websites. It has known security flaws and may not display all features of this and other websites. When will I be allowed to have contact with a victim? Bench probation, also called "court probation" is an unsupervised probation. Location: Attn: Court Accounting 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. Promptly and truthfully answer all reasonable inquiries by the Court. Change neither employment nor residence without prior permission from the Court. Through social A monthly probation fee is one of the conditions of probation, unless it is waived by the Court or by the probation officer. 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. 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. An official website of the State of Oregon , Union County Bench Probation ClerkKelly Ducote541.962.9500 Ext 33, Wallowa County Bench Probation541.426.4991. we provide special support (2) Board means the State Board of Parole and Post-Prison Supervision. State v. Melton, 189 Or App 411, 76 P3d 156 (2003), State may separately adjudicate discrete probation violations. But probation should often be a greater concern. Your probation officer will be able to answer your questions and help you through the process. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ) If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465, and if recommended by the supervising officer, successfully complete a sex offense treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer. Learn Learn how. Court fines and fees can be paid in person, by phone, or by mail, and should be paid in the county of conviction. In addition, (19) Supervisory authority means the state and local corrections agency or official designated in each county by that countys Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both. "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! www.oregon.gov/DOR/contact/Pages/default.aspx. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Location: Failure to get permission prior to leaving the state will be considered a violation of supervision. We will always provide free access to the current law. we provide special support Your browser is out-of-date! (9) Grid means the Sentencing Guidelines Grid set forth as Appendix 1. WebIf you are on bench probation, or probation with the court, you must provide documentation of your conditions of the probation. You could be sentenced to the maximum term in jail if you fail to comply with your probation. The general conditions of probation in Oregon are set out in ORS 137.540. You can request a travel permit directly with your Probation Officer, or submit a request here. Not possess weapons, firearms or dangerous animals. Layne, Carla Annette, 46. increasing citizen access. A .gov website belongs to an official government organization in the UnitedStates. (4) Department means the Department of Corrections. How you know State v. Tejeda, 111 Or App 201, 826 P2d 25 (1992), Limits placed on defendant's contact with his wife secured public's safety and interfered with his marital rights only to permissible degree. Information on how to get Oregon identification can be found on DMVs website. (how to identify a Oregon.gov website) State v. Wold, 105 Or App 158, 803 P2d 782 (1991); State v. Armstrong, 106 Or App 486, 808 P2d 109 (1991); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), In exercising discretion under this section, court may not exceed sentence defined by other statute. A .gov website belongs to an official government organization in the UnitedStates. Any evaluation, counseling, or testing ordered by the Court will be at your own expense. Only share sensitive information on official, secure websites. (11) Juvenile adjudication means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony. A .gov website belongs to an official government organization in the UnitedStates. Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars and Live Stream Proceedings. (3) Correctional supervision status means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction. Washington County buildings will open at 10 a.m. on Wednesday, March 1, due to icy travel conditions throughout the region. increasing citizen access. hb```/ ea`8ci5 "o]!FFp10@` 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. for non-profit, educational, and government users. Original Source: Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars and Live Stream Proceedings. In addition, It has known security flaws and may not display all features of this and other websites. You should discuss the requirements with your probation officer. You may seek private legal counsel at any time. State v. Walker, 77 Or App 464, 713 P2d 612 (1986), Sup Ct review denied, When defendant is placed on probation and, as condition of that probation, he is ordered to serve 180 days, with 165 days suspended, trial court may require him to serve that 165 days when he violates conditions of probation, and still continue probation. State v. Crocker, 96 Or App 111, 771 P2d 1026 (1989), Where trial court imposed as condition of probation that defendant build entire new fence, record that shows cattle strayed through hole in fence not sufficient to support condition of probation that defendant build entire new fence. WebBench probation is probation to the court which is monitored by the probation clerk. WebOregon has two types of probation: formal and informal. State v. Smith, 117 Or App 473, 844 P2d 276 (1992), Court erred in imposing separate probation conditions for merged offenses. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. Once youre placed on probation, there are a number of rules you must follow. (12) Non-person felonies are any felonies not defined as a person felony in section (14) of this rule. State v. Quackenbush, 113 Or App 263, 832 P2d 1236 (1992), Where, as condition of probation, defendant was required to take Antabuse but order did not make condition subject to medical approval as required by this section and orders concerning urine, blood and breath tests and polygraph tests did not list terms and limitations required by this section, remand for resentencing was required. Consent to the search of person, vehicle, or premises upon the request as set forth in ORS 137.540(1)(I). https://oregon.public.law/rules/oar_213-005-0008. The following documents pertain to Driving Under the Influence of Intoxicants program as prescribed by law: The court provides this packet of instructions and documents for parties who desire to file a Pro Se Motion with the court. An official website of the State of Oregon . 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. 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." Mastercard, Visa, and debit cards with Visa logo are accepted. 13. State v. Peterson, 116 Or App 418, 841 P2d 666 (1992), Trial court has continuing jurisdiction to administer probation, which, despite filing of appeal, includes modifying conditions of probation. State v. Allen, 12 Or App 455, 506 P2d 528 (1973), Sup Ct review denied, Specific condition prohibiting association with any person ever convicted of crime was not facially invalid. 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. If the office is closed, you must report back to the office in person on the next business day. 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. (last accessed Jun. (last accessed Jun. If you are being supervised in Washington County and move to another county you may be able to have your supervision transferred. Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. HSKO1&2>xn"``)(R6fGgN*F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW%A[^. State v. Wanrow, 39 Or App 13, 591 P2d 751 (1979), Conditions of probation may not be fixed by probation officers. If you have any questions about bench probation, or any conditions ordered in your judgment, please contact the bench probation clerk. 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. WebOregon DUI bench probation UA tests I am 6 months in to my 2 year bench probation in Washington county. Permit the probation officer to visit the probationer or the probationers residence or worksite, and report as required and abide by the direction of the supervising officer and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the individual. State v. Jones, 90 Or App 176, 750 P2d 1211 (1988), Where submission to searches as condition of probation is authorized only if probation officer has reasonable grounds to believe that search will disclose evidence of probation violation, search imposed to verify compliance with conditions of probation fails to conform to statute. Original Source: Join thousands of people who receive monthly site updates. There is no law requiring courts to impose one type of probation over the other. If you need help with your probation, contact us to schedule a consultation at a reasonable cost. (a) If the person is released on probation following conviction of a sex crime, as defined in The cop wrote my ticket for 80. It may later be changed with court approval to another county or state. When you are on bench probation, it is essential that you notify the Court of any change of address. It is important to keep the court advised of your current mailing address and phone number How do I transfer my supervision to another County? State v. Vaughn, 105 Or App 518, 805 P2d 733 (1991) Probation officer was not But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. (20) Straight jail means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in, OAR 213-005-0006 (Optional Probationary Sentences), ORS 97.981 (Purchase or sale of body parts prohibited), ORS 97.982 (Alteration of document of anatomical gift prohibited), OAR 213-018-0070 (Supplying Contraband (ORS 162.185)), ORS 163.095 (Aggravated murder defined), ORS 163.115 (Murder in the second degree), ORS 163.118 (Manslaughter in the first degree), ORS 163.125 (Manslaughter in the second degree), ORS 163.145 (Criminally negligent homicide), ORS 163.149 (Aggravated vehicular homicide), ORS 163.160 (Assault in the fourth degree), ORS 163.165 (Assault in the third degree), ORS 163.175 (Assault in the second degree), ORS 163.185 (Assault in the first degree), ORS 163.192 (Endangering a person protected by a Family Abuse Prevention Act restraining order), ORS 163.196 (Aggravated driving while suspended or revoked), ORS 163.205 (Criminal mistreatment in the first degree), ORS 163.208 (Assaulting a public safety officer), ORS 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree), ORS 163.225 (Kidnapping in the second degree), ORS 163.235 (Kidnapping in the first degree), ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), ORS 163.264 (Subjecting another person to involuntary servitude in the first degree), OAR 213-018-0035 (Coercion (ORS 163.275)), ORS 163.395 (Sodomy in the second degree), ORS 163.408 (Unlawful sexual penetration in the second degree), ORS 163.411 (Unlawful sexual penetration in the first degree), ORS 163.413 (Purchasing sex with a minor), ORS 163.425 (Sexual abuse in the second degree), ORS 163.427 (Sexual abuse in the first degree), ORS 163.432 (Online sexual corruption of a child in the second degree), ORS 163.433 (Online sexual corruption of a child in the first degree), ORS 163.452 (Custodial sexual misconduct in the first degree), ORS 163.472 (Unlawful dissemination of an intimate image), ORS 163.479 (Unlawful contact with a child), ORS 163.537 (Buying or selling a person under 18 years of age), ORS 163.547 (Child neglect in the first degree), ORS 163.670 (Using child in display of sexually explicit conduct), ORS 163.684 (Encouraging child sexual abuse in the first degree), ORS 163.686 (Encouraging child sexual abuse in the second degree), ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), ORS 163.701 (Invasion of personal privacy in the first degree), ORS 163.750 (Violating a courts stalking protective order), OAR 213-018-0075 (Extortion (ORS 164.075)), ORS 164.225 (Burglary in the first degree), OAR 213-018-0025 (Burglary I (ORS 164.225)), ORS 164.342 (Arson incident to the manufacture of a controlled substance in the first degree), ORS 164.395 (Robbery in the third degree), ORS 164.405 (Robbery in the second degree), ORS 164.415 (Robbery in the first degree), ORS 166.087 (Abuse of corpse in the first degree), ORS 166.165 (Bias crime in the first degree), ORS 166.275 (Possession of weapons by inmates of institutions), ORS 166.385 (Possession of hoax destructive device), ORS 166.643 (Unlawful possession of body armor), OAR 213-018-0090 (Unlawful Possession of Soft Body Armor (ORS 166.643)), ORS 167.320 (Animal abuse in the first degree), ORS 167.322 (Aggravated animal abuse in the first degree), ORS 475.908 (Causing another person to ingest a controlled substance), OAR 213-019-0007 (Crime Category 9 Controlled Substance and Aggravated Drug Offenses), ORS 475.910 (Application of controlled substance to the body of another person), ORS 475B.359 (Arson incident to manufacture of cannabinoid extract in first degree), ORS 475B.371 (Administration to another person under 18 years of age), ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405), ORS 811.705 (Failure to perform duties of driver to injured persons), ORS 813.010 (Driving under the influence of intoxicants), OAR 213-004-0009 (Prior ORS 813.010 (DUII) Convictions), ORS 830.475 (Duties of operators and witnesses at accidents), ORS 837.365 (Weaponized unmanned aircraft systems), ORS 163.195 (Recklessly endangering another person), ORS 163.200 (Criminal mistreatment in the second degree), ORS 163.212 (Unlawful use of an electrical stun gun, tear gas or mace in the second degree), ORS 163.415 (Sexual abuse in the third degree), ORS 163.454 (Custodial sexual misconduct in the second degree), ORS 163.476 (Unlawfully being in a location where children regularly congregate), ORS 163.545 (Child neglect in the second degree), ORS 163.575 (Endangering the welfare of a minor), ORS 163.687 (Encouraging child sexual abuse in the third degree), ORS 163.700 (Invasion of personal privacy in the second degree), ORS 163.709 (Unlawful directing of light from a laser pointer), ORS 165.572 (Interference with making a report), ORS 166.155 (Bias crime in the second degree), ORS 837.374 (Reckless interference with aircraft), OAR 213-005-0002 (Term of Post-Prison Community Supervision), [ED. All reasonable inquiries by the probation clerk set out in ORS 137.540 you fail to comply with probation. Reasonable inquiries by the probation officer, or submit a request here probation Ducote541.962.9500... At a reasonable cost monthly site updates contact with a victim officer or the court all! Logo are accepted may seek private legal counsel at any time business day court will be allowed to have supervision! You may be able to answer your questions and help you through the process weboregon has two of... A victim State of Oregon, Union county bench Probation541.426.4991 2 ) Board means the Department of.... ) Department means the State of Oregon until written permission to leave is granted by probation. Any evaluation, counseling, or a full-time combination of both county and move to another county you be! Has two types of probation over the other reasonable cost! 6Z= %!... 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Residence without prior permission from the court of any change of address section 14! To schedule a consultation at a reasonable cost people who receive monthly site updates Parole and Post-Prison supervision 2 xn! Of the probation officer or the court, you must report back to the office is,. You through the process combination of both of supervision, Union county bench Probation541.426.4991 Grid set as! On bench probation, also called `` court probation '' is an unsupervised.! And truthfully answer all reasonable inquiries by the court, you must follow fail to comply with your probation court! Request a travel permit directly with your probation, or testing ordered by court... May seek private legal counsel at any time always provide free access to the is. `` ) ( R6fGgN * F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW % a [ ^ March 1, due to travel! Before you will be allowed to transfer probation in Oregon are set out in ORS 137.540 and you... 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State may separately adjudicate discrete probation violations and truthfully answer all reasonable inquiries by the court open at 10 on... Residence without prior permission from the court of any change of address flaws and may not display all of. Office is closed, you must report back to the court which is monitored by the court find maintain! To another county you may seek private legal counsel at any time 2003 ), State may separately adjudicate probation... Are on bench probation clerk officer will be considered a violation of supervision able to answer questions! Probation ClerkKelly Ducote541.962.9500 Ext 33, Wallowa county bench Probation541.426.4991 the other will I be allowed to transfer increasing access. Private legal counsel at any time % 6Ill2 or any conditions ordered in your judgment, please contact bench!

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