2021 Oregon Revised Statutes
Chapter 137 - Judgment and Execution; Parole and Probation by the Court
Section 137.320 - Delivery of defendant when committed to Department of Corrections; credit on sentence.


(2) If the defendant is surrendered to another legal authority prior to delivery to an institution of the Department of Corrections, the sheriff shall forward to the Department of Corrections copies of the entry of all pertinent judgments, a statement of the number of days the defendant was imprisoned prior to surrender, a statement of the number of days the defendant has remaining to be served on any term of incarceration the defendant was serving at the direction of the supervisory authority of a county upon conviction of a prior felony and an identification of the authority to whom the prisoner was surrendered.
(3) Upon receipt of the information described in subsection (1) or (2) of this section, the Department of Corrections shall establish a case file and compute the defendant’s sentence in accordance with the provisions of ORS 137.370.
(4) When the judgment is imprisonment in the county jail or a fine and that the defendant be imprisoned until it is paid, the judgment shall be executed by the sheriff of the county. The sheriff shall compute the time the defendant was imprisoned after arrest and prior to the commencement of the term specified in the judgment. Such time shall be credited toward the term of the sentence. [Amended by 1955 c.660 §14; 1967 c.232 §1; 1967 c.585 §5; 1971 c.619 §1; 1973 c.631 §1; 1981 c.424 §1; 1987 c.320 §34; 1995 c.423 §29; 2014 c.31 §2]

Structure 2021 Oregon Revised Statutes

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 137.012 - Suspension of imposition or execution of sentence of person convicted of certain sexual offenses; term of probation.

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 137.050 - Nonattendance or nonappearance of released defendant when attendance required by court.

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 137.076 - Blood or buccal sample and thumbprint of certain convicted defendants required; application.

Section 137.077 - Presentence report; general principles of disclosure.

Section 137.079 - Presentence report; other writings considered in imposing sentence; disclosure to parties; court’s authority to except parts from 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 137.109 - Effect of restitution order on other remedies of victim; credit of restitution against subsequent civil judgment; effect of criminal judgment on subsequent civil action.

Section 137.118 - Assignment of judgments for collection of monetary obligation; costs of collection.

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 137.124 - Commitment of defendant to Department of Corrections or county; place of confinement; transfer of adults in custody; juveniles.

Section 137.126 - Definitions for ORS 137.126 to 137.131.

Section 137.128 - Community service as part of sentence; effect of failure to perform community service.

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 137.146 - Priorities for application of payments on criminal judgments entered in circuit courts.

Section 137.147 - Priorities for application of payments on criminal judgments entered in local courts.

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 137.222 - Motion for reduction of marijuana conviction offense classification; entry of amended judgment.

Section 137.223 - Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order.

Section 137.225 - Order setting aside conviction or record of criminal charge; fees; prerequisites; limitations.

Section 137.226 - Eligibility for order setting aside certain marijuana convictions.

Section 137.227 - Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation.

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 137.290

Section 137.300 - Criminal Fine Account; rules.

Section 137.301 - Legislative findings.

Section 137.310 - Authorizing execution of judgment; detention of defendant.

Section 137.320 - Delivery of defendant when committed to Department of Corrections; credit on sentence.

Section 137.330 - Where judgment of imprisonment in county jail is executed.

Section 137.333 - Exception to ORS 137.330.

Section 137.370 - Commencement and computation of term of imprisonment in state correctional institution; sentences concurrent unless court orders otherwise.

Section 137.372 - Credit for time served as part of probationary sentence; diversion program or specialty court program.

Section 137.452 - Satisfaction of monetary obligation imposed as part of sentence; release of judgment lien from real property; authority of Attorney General.

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 137.476 - Assistance by licensed health care professional or nonlicensed medically trained person.

Section 137.478 - Return of death warrant after execution of sentence of death.

Section 137.482 - Service of documents on defendant.

Section 137.520 - Power of committing magistrate to parole and grant temporary release to persons confined in county jail; authority of sheriff to release persons confined in county jail; disposition of work release earnings.

Section 137.523 - Custody of person sentenced to confinement as condition of probation.

Section 137.525 - Probation for person convicted of crime described in ORS 163.305 to 163.467; examination; report; written consent of convicted person.

Section 137.530 - Investigation and report of parole and probation officers; statement of victim.

Section 137.532 - Probation without entering plea; waiver of rights; effect of violating probation agreement.

Section 137.533 - Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation.

Section 137.540 - Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification.

Section 137.542 - Probation conditions related to medical use of cannabis.

Section 137.545 - Period of probation; discharge from probation; proceedings in case of violation of conditions.

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 137.593 - Duty of corrections agencies to impose structured, intermediate sanctions for 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 137.658 - Authority of chairperson to create committees within commission; Justice Reinvestment Program advisory committee; report to legislature.

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 137.676 - Development of method for district attorneys to record and report bias-related crime data; rules.

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 137.707 - Mandatory minimum sentences for certain juvenile offenders waived to adult court; lesser included offenses; return to juvenile court.

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 137.750 - Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs.

Section 137.751 - Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508.

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 137.765 - Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision.

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.