- (1) An out-of-state adult conviction shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony or Class A misdemeanor under current Oregon law.
- (2) Out-of-state juvenile adjudications shall be used to classify the offender’s criminal history if the elements of the offense would have constituted a felony under current Oregon law if committed by an adult.
- (3) Out-of-state adult convictions and out-of-state juvenile adjudications described in sections (1) and (2) of this rule shall be classified as person felonies or person Class A misdemeanors if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15).
- (4) Any adult conviction arising from a federal or military tribunal shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense under Oregon law listed at OAR 213-003-0001(14) or (15).
- (5) Any adult conviction or juvenile adjudication under a subsequently repealed statute shall be classified as a person felony or person Class A misdemeanor if the elements of the offense would have constituted an offense currently listed at OAR 213-003-0001(14) or (15).
Statutory/Other Authority
ORS 137.667
Statutes/Other Implemented
ORS 137.667 - 137.669
History
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-004-0011
CJC 2-1995, f. & cert. ef. 11-2-95
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89