1. (1) If an offense is classified in grid blocks 8-G, 8-H or 8-I, the sentencing judge may impose an optional probationary sentence upon making the specific findings on the record:

   1. (a) An appropriate treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism;
   2. (b) The recommended treatment program is available and the offender can be admitted to it within a reasonable period of time; and
   3. (c) The probationary sentence will serve community interests by promoting offender reformation.

2. (2) The sentencing judge shall not impose an optional probationary sentence if:

   1. (a) A firearm was used in the commission of the offense; or
   2. (b) At the time of the offense, the offender was under correctional supervision status for a felony conviction or a juvenile adjudication as defined in OAR 213-003-0001(11); or
   3. (c) The offender’s conviction is for Manufacture of a Controlled Substance involving substantial quantities of methamphetamine, its salts, isomers or salts of its isomers, as defined at ORS 475.996(1)(a).
3. (3) A probationary sentence imposed for an offense classified in grid blocks 8-G, 8-H and 8-I when not authorized by this rule is a departure.

Statutory/Other Authority

ORS 137.667

Statutes/Other Implemented

ORS 137.667 - 137.669 & 2001 OL Ch. 804 (HB 2420)

History

CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02
CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0006
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