This is a conviction as I had a DUI 10 years ago so am not eligible for diversion. (1) Bench probation means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions concurrently.. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied, Authority of probation officer to conduct home visit does not encompass authority to conduct search. When will I be allowed to have contact with a victim? Remain in the State of Oregon until written permission to leave is granted by Adult Community Justice or a county community corrections agency. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver. nglP"/KK;!Ka{M93'0'CJ#h-f(k>Hk-lgQSfWYV ~,OD HD&Xb0K+ {R1=r._cFp! WebDefinitions. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. Owens v. Board of Parole, 113 Or App 507, 834 P2d 547 (1992), Trial court has discretion to fashion its own condition of probation if condition serves to reform offender or to protect public. Change neither employment nor residence without prior permission from the Court. We will always provide free access to the current law. 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. Informal probation is referred to as "bench" or "court" 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. If youre in need of housing, youre encouraged to talk to your probation officer. Another personal appearance date will be scheduled. Contact information is updated on their website:www.oregon.gov/DOR/contact/Pages/default.aspx, The Social Security Administration website provides information on how to obtain a new or replacement card.https://www.ssa.gov/ssnumber/, Anyone on supervision is required to get written permission to leave the state. (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. Through social State v. Getsinger, 27 Or App 339, 556 P2d 147 (1976), "Restitution" means return of sum of money, object or value of object which defendant wrongfully obtained in course of committing crime. WebCall (541) 385-3246 for more information. Its bench probation. An official website of the State of Oregon Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court. 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. We will always provide free access to the current law. 3. State v. Ledder, 31 Or App 487, 570 P2d 994 (1977), Probation condition, requiring consent of defendant to warrantless searches for drugs of her person, premises, or vehicle at any time, was not demonstrably in aid of her probation following guilty plea to check forgery. Do not use or possess controlled substances except pursuant to a medical prescription. The time limit for each field of practice section of the examination and for the Oregon Laws and Rules examination is 90 minutes. Zavalas v. Dept. State v. Wanrow, 39 Or App 13, 591 P2d 751 (1979), Conditions of probation may not be fixed by probation officers. VERY IMPORTANT! Officers are aware of community resources and may know where you can get help. State v. Oary, 109 Or App 580, 820 P2d 857 (1991), as modified by 112 Or App 296, 829 P2d 90 (1992); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992), Court erred in authorizing searches by probation officer without including requirement they be based on reasonable grounds to believe search would disclose evidence of probation violation. Only share sensitive information on official, secure websites. (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.525 (6). (13) Optional probationary sentence means any probationary sentence imposed pursuant to. It has known security flaws and may not display all features of this and other websites. Bench probation is probation to the court which is monitored by the probation clerk. Once youre placed on probation, there are a number of rules you must follow. (4) Department means the Department of Corrections. Be sure to talk with your officer before you move. I just finished my court mandated treatment which included weekly UAs. Bench probation is probation to the court which is monitored by the probation clerk. State v. Culbertson, 29 Or App 363, 563 P2d 1224 (1977), Condition of probation, requiring defendant convicted of criminally negligent homicide to pay $7,100 to victim's estate, was improper absent evidence that such sum constituted reparation or reimbursement for liquidated or easily measurable damages actually resulting from the offense. H5mR7!CJDWamIcVbu*=Xv5]{R~=`^[z$ =(A${~Ja[T dt-r\:XN]y'3d\9qd2da_?+-:'0_ - If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. NOTE: To view attachments referenced in rule text, click here to view rule. The Judge has authority to change However, if the Court does not have your current address, a warrant could be issued for your arrest. 213 0 obj <>/Filter/FlateDecode/ID[<21F49F7B1DD92D4DA7279F78A380A88A>]/Index[198 32]/Info 197 0 R/Length 79/Prev 123597/Root 199 0 R/Size 230/Type/XRef/W[1 2 1]>>stream There is no law requiring courts to impose one type of probation over the other. If your conviction is not domestic violence related the requirements may differ. The contact form below is subject to our Terms of Service. Probation & Parole. HSKO1&2>xn"``)(R6fGgN*F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW%A[^. Learn How you know WebCommunity Corrections Probation and Parole Services Probation and Parole Supervision FAQ FAQs of probation and parole supervision. WebBench probation is probation to the court which is monitored by the probation clerk. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. But for now, lets talk a little about the basic rules you need to follow to avoid going straight to jail. Promptly and truthfully answer all reasonable inquiries by the probation officer or the Court. Start with your legal issue to find the right lawyer for you. (how to identify a Oregon.gov website) It is important to keep the court advised of your current mailing address and phone number Informal probation is referred to as bench probation. increasing citizen access. 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. State v. Donovan, 307 Or 461, 770 P2d 581 (1989); State v. Qualey, 138 Or App 74, 906 P2d 835 (1995), Trial court has authority to modify conditions of probation and extend it without finding violation of probation. to find out whether the Judge would consider a modification of the original judgment of conviction; so that the period of bench probation is shortened Section 137.540 Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification, Based on many different factors, some offenders are given a community-based sentence, without having to serve time in a correctional facility; this is commonly known as. How you know Only share sensitive information on official, secure websites. An Affidavit of Indigence must be completed.In custody arraignments are held each business day at 1:30 p.m. by video between the court and the jail.At the arraignment you will be formally advised of your rights, the charges filed against you and the maximum possible penalty that may be imposed. State v. Wilson 105 Or App 20, 803 P2d 769 (1990), Condition of probation requiring confinement for conviction of misdemeanor was impermissible. If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465 or the equivalent city ordinance, the provision of ORS 137.540(1)(m) applies as a condition of probation. However, there is a fine warrant for a little over $360 for restitution. You can request a travel permit directly with your Probation Officer, or submit a request here. increasing citizen access. Rule 213-005-0008 Duration of Probation, WebA private person making a citizens arrest The procedure followed when making arrests Oregon Statutes 133.235 states that when acting under a warrant, a peace officer can apprehend the accused at any time of the day or night and from any place within the acting jurisdiction of the law enforcement agent. 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). State v. Johnston, 176 Or App 418, 31 P3d 1101 (2001), Sanctions available upon failure to abide by probation conditions are alternatives that are not mutually exclusive. A Uniform Plea Petition is required when a defendant intends to enter a plea to a charge and proceed to sentencing. of Corrections, 106 Or App 444, 809 P2d 1329 (1991), Discretionary immunity under ORS 30.265 does not protect probation officer from liability for exercising reporting duties. 10. -- Washington County Family Shelter Network (available 24 hours a day) 503-640-3263, See also: 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. Formal probation is most commonly known as supervised probation. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976), A probationer retains all civil liberties except those which are taken away as conditions of probation and the standard against which the validity of conditions imposed is to be measured is whether they bear a reasonable relationship to the reformation of the offender or the protection of the public; overruling State v. Davis/Travis, 9 Or App 412, 496 P2d 923 (1972), Sup Ct review denied. Skip Navigation. Note that restitution and compensatory fines cannot be accepted by phone. Learn WebBench Probation You will remain under the jurisdiction of the Court for the length of probation. 99E Suite EMcMinnville, OR 97128, 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. Fax: 503-742-8599, Court Hours:M-TH, 7:30am to 5:30pm, FRIDAY, 7:30am to 4:30pm - CLOSED ALTERNATING FRIDAYS, Winter Weather Preparedness and Resources, Motion and Order to Extend DUII Diversion, Order on Motion to Vacate IID - Diversion, Setting Aside an Arrest and/or Conviction Forms, Memorial Day Observance - City Offices Closed, Juneteenth Observance - City Offices Closed, Independence Day Observance - City Offices Closed, Labor Day Observance - City Offices Closed, Thanksgiving Day Observance - City Offices Closed, Christmas Day Observance - City Offices Closed. hbbd``b`$k@D`e i PtA(8$We[B,F g+ %%EOF endstream endobj startxref 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. You can also use this form to update your address An official website of the State of Oregon , Union County Bench Probation ClerkKelly Ducote541.962.9500 Ext 33, Wallowa County Bench Probation541.426.4991. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. You will remain under the jurisdiction of the Court for the length of probation. #3 Fail To Appear-Bench Warrant M ORS: 137.050 Arrest Date: 02/21/2023 Arrest Agency: Hub Case Number: HUB Court Phone: PRETRIAL #4 Probation Violation Aslt 4 Misd M ORS: 137.545 Arrest Date: 02/21/2023 Arrest Agency: Hub Case Number: HUB Court Phone: HOLD #5 Probation Violation Dis Conduct 2 M ORS: 137.545 Arrest Date: Location: An Oregon couple fired dozens of shots into a fleeing elk herd, leaving five of the animals to rot, according to officials. Hillsboro, Oregon 97124. This bienniums report contains the most current data pertaining to adults on supervision in the community including demographics, sanctions and revocations; performance measures; and impacts of Oregons Justice Reinvestment efforts such as Short-Term Transitional Leave expansion, earned discharge, and the Family Sentencing Alternative Pilot Program. State v. Smith, 117 Or App 473, 844 P2d 276 (1992), Court erred in imposing separate probation conditions for merged offenses. You are also not allowed to contact the person through a third-party, such as a friend or relative. My sister got into some trouble when she was about 18 years old. A lock icon ( ) or https:// means youve safely connected to the .gov website. Pay supervision fee, fines, restitution, or other fees ordered by the Court. Original Source: Only share sensitive information on official, secure websites. State v. Haynes, 53 Or App 850, 633 P2d 38 (1981), Sup Ct review denied, Where defendant was convicted on two felony counts for crimes committed while on probation for earlier felony conviction and court continued earlier probation but added new conditions by imposing consecutive county jail terms of imprisonment to be served after prison term for most recent convictions, court could act under authority of this section to modify conditions of probation. An official website of the State of Oregon A monthly probation fee is one of the conditions of probation, unless it is waived by the Court or by the probation officer. Failure to report, obey court orders or rules and regulations of Intake Officer will result in your case being returned to the Court for further action and possibly a warrant for your arrest. 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. (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. (18) Supervisory agent means the local community corrections agency responsible for supervising the offender. It has known security flaws and may not display all features of this and other websites. Do not possess weapons, firearms, or dangerous animals. One may also be placed on post-prison supervision following revocation of felony probation and a period of incarceration in a local jail. https://www.oregonlegislature.gov/bills_laws/ors/ors137.html Attn: Court Accounting In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ)), the conditions are as follows: Your first resource is your probation officer, if you have on assigned. (last accessed Jun. for non-profit, educational, and government users. It may later be changed with court approval to another county or state. 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, Participate in a substance abuse evaluation as directed by the supervising officer or the Court and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse. Mail: Send payments to: How you know Also not allowed to contact the person through a third-party, such a..., such as a friend or relative R6fGgN * F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW % a [.! & 2 > xn '' `` ) ( R6fGgN * F-g|9BZX.b\Z12zoH9.8k1uJFbrYH=dW % a [ ^ may in. The waiver for you not domestic violence related the requirements may differ a defendant intends enter... 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