(2) The court may except from disclosure parts of the presentence report or other written information described in subsection (1) of this section which are not relevant to a proper sentence, diagnostic opinions which might seriously disrupt a program of rehabilitation if known by the defendant, or sources of information which were obtainable with an expectation of confidentiality.
(3) If parts of the presentence report or other written information described in subsection (1) of this section are not disclosed under subsection (2) of this section, the court shall inform the parties that information has not been disclosed and shall state for the record the reasons for the court’s action. The action of the court in excepting information shall be reviewable on appeal.
(4) A defendant who is being sentenced for felonies committed prior to November 1, 1989, may file a written motion to correct the criminal history contained in the presentence report prior to the date of sentencing. At sentencing, the court shall consider defendant’s motion to correct the presentence report and shall correct any factual errors in the criminal history contained in that report. An order allowing or denying a motion made pursuant to this subsection shall not be reviewable on appeal. If corrections are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077.
(5)(a) The provisions of this subsection apply only to a defendant being sentenced for a felony committed on or after November 1, 1989.
(b) Except as otherwise provided in paragraph (c) of this subsection, the defendant’s criminal history as set forth in the presentence report shall satisfy the state’s burden of proof as to the defendant’s criminal history.
(c) Prior to the date of sentencing, the defendant shall notify the district attorney and the court in writing of any error in the criminal history as set forth in the presentence report. Except to the extent that any disputed portion is later changed by agreement of the district attorney and defendant with the approval of the court, the state shall have the burden of proving by a preponderance of evidence any disputed part of the defendant’s criminal history. The court shall allow the state reasonable time to produce evidence to meet its burden.
(d) The court shall correct any error in the criminal history as reflected in the presentence report.
(e) If corrections to the presentence report are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077.
(f) Except as provided in ORS 138.105 and 138.115, the court’s decision on issues relating to a defendant’s criminal history shall not be reviewable on appeal. [1973 c.836 §261; 1977 c.372 §11; 1983 c.649 §1; 1989 c.408 §2; 1989 c.790 §8; 2017 c.529 §24]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 137 - Judgment and Execution; Parole and Probation by the Court
Section 137.010 - Duty of court to ascertain and impose punishment.
Section 137.020 - Time for pronouncing judgment; delay; notice of right to appeal.
Section 137.030 - Presence of defendant at pronouncement of judgment.
Section 137.040 - Bringing defendant in custody to pronouncement of judgment.
Section 137.060 - Form of bench warrant.
Section 137.071 - Requirements for judgment documents.
Section 137.074 - Fingerprints of convicted felons and certain misdemeanants required.
Section 137.077 - Presentence report; general principles of disclosure.
Section 137.080 - Consideration of circumstances in aggravation or mitigation of punishment.
Section 137.085 - Age and physical disability of victim as factors in sentencing.
Section 137.090 - Considerations in determining aggravation or mitigation.
Section 137.101 - Compensatory fine.
Section 137.103 - Definitions for ORS 137.101 to 137.109.
Section 137.105 - Authority of trial court during pendency of appeal.
Section 137.106 - Restitution to victims; objections by defendant; disclosure to defendant.
Section 137.107 - Authority of court to amend part of judgment relating to restitution.
Section 137.108 - Restitution when defendant has entered into diversion agreement.
Section 137.120 - Term of sentence; reasons to be stated on record.
Section 137.121 - Maximum consecutive sentences.
Section 137.123 - Provisions relating to concurrent and consecutive sentences.
Section 137.126 - Definitions for ORS 137.126 to 137.131.
Section 137.129 - Length of community service sentence.
Section 137.131 - Community service as condition of probation for offense involving graffiti.
Section 137.138 - Forfeiture of weapons and revocation of hunting license for certain convictions.
Section 137.143 - All monetary obligations constitute single obligation on part of convicted person.
Section 137.145 - Definitions for ORS 137.145 to 137.159.
Section 137.153 - Level II obligations in circuit court judgments.
Section 137.154 - Level II obligations in local court judgments.
Section 137.172 - Entry of corrected judgment.
Section 137.183 - Interest on judgments; waiver; payments.
Section 137.210 - Taxation of costs against complainant.
Section 137.218 - Joint petition for reconsideration of conviction or sentence.
Section 137.221 - Vacation of judgment of conviction for prostitution.
Section 137.226 - Eligibility for order setting aside certain marijuana convictions.
Section 137.228 - Finding that defendant is alcoholic or drug-dependent person; effect.
Section 137.229 - Duty of Department of Corrections.
Section 137.281 - Withdrawal of rights during term of incarceration; restoration of rights.
Section 137.286 - Minimum fines for misdemeanors and felonies; retention of jurisdiction.
Section 137.300 - Criminal Fine Account; rules.
Section 137.301 - Legislative findings.
Section 137.310 - Authorizing execution of judgment; detention of defendant.
Section 137.330 - Where judgment of imprisonment in county jail is executed.
Section 137.333 - Exception to ORS 137.330.
Section 137.463 - Death warrant hearing; death warrant.
Section 137.464 - Administrative assessment of defendant’s mental capacity.
Section 137.466 - Judicial determination of defendant’s mental capacity.
Section 137.473 - Means of inflicting death; place and procedures; acquisition of lethal substance.
Section 137.478 - Return of death warrant after execution of sentence of death.
Section 137.482 - Service of documents on defendant.
Section 137.523 - Custody of person sentenced to confinement as condition of probation.
Section 137.530 - Investigation and report of parole and probation officers; statement of victim.
Section 137.542 - Probation conditions related to medical use of cannabis.
Section 137.547 - Consolidation of probation violation proceedings; rules.
Section 137.551 - Revocation of probationary sentences; release dates; rules.
Section 137.553 - Use of citations for probation violations authorized.
Section 137.557 - Citation; procedure; contents.
Section 137.570 - Authority to transfer probationer from one agency to another; procedure.
Section 137.592 - Policy regarding probation violations.
Section 137.595 - Establishing system of sanctions; rules.
Section 137.596 - Probation violations; custodial sanctions; rules.
Section 137.597 - Probationer may consent to imposition of sanctions.
Section 137.599 - Hearing prior to, or after, imposition of sanctions.
Section 137.620 - Powers of parole and probation officers; oath of office; bond; audit of accounts.
Section 137.630 - Duties of parole and probation officers.
Section 137.633 - Earned reduction of supervision period; rules.
Section 137.635 - Determinate sentences required for certain felony convictions.
Section 137.637 - Determining length of determinate sentences.
Section 137.651 - Definitions for ORS 137.654, 137.656 and 137.658.
Section 137.654 - Oregon Criminal Justice Commission; membership; terms; meetings.
Section 137.656 - Purpose and duties of commission; rules.
Section 137.661 - Agency cooperation with commission.
Section 137.662 - Oregon Criminal Justice Commission Account.
Section 137.667 - Amendments to sentencing guidelines; submitting to Legislative Assembly; rules.
Section 137.669 - Guidelines control sentences; mandatory sentences.
Section 137.671 - Authority of court to impose sentence outside guidelines.
Section 137.672 - Aggravating factor sentencing rules relating to gender identity of victim.
Section 137.673 - Validity of rules.
Section 137.674 - Use of force data analysis; report to legislature.
Section 137.678 - Analysis of bias-related crime and incident data; annual report; rules.
Section 137.679 - Restorative justice grant program; rules.
Section 137.680 - Development of specialty court standards.
Section 137.681 - Innovative Grant Program; rules.
Section 137.682 - Innovative Grant Fund.
Section 137.683 - Racial and ethnic impact statements for proposed legislation; rules.
Section 137.685 - Racial and ethnic impact statements for state measures; hearing.
Section 137.689 - Oregon Crimefighting Act.
Section 137.690 - Major felony sex crime.
Section 137.700 - Offenses requiring imposition of mandatory minimum sentences.
Section 137.705 - Definitions; adult prosecution of certain juvenile offenders.
Section 137.709 - Application of ORS 137.700 and 137.707.
Section 137.712 - Exceptions to ORS 137.700 and 137.707.
Section 137.717 - Presumptive sentences for certain property offenders.
Section 137.719 - Presumptive life sentence for certain sex offenders upon third conviction.
Section 137.725 - Presumptive life sentence for certain sex offenders upon second conviction.
Section 137.752 - Requirements when defendant committed to custody of county.
Section 137.754 - Authority of court to modify judgment to comply with ORS 137.750 and 137.752.
Section 137.767 - Presentence investigation and examination.
Section 137.769 - Defendant’s right to independent examination.
Section 137.771 - Resentencing hearing; petition; findings; modification of sentence.
Section 137.924 - Supervisory authority to provide information to agency directors.
Section 137.930 - Criminal history data provider requirements.