1. (1) If a mandatory prison sentence is required or authorized by statute, the sentence imposed shall be that determinate sentence or the sentence under these rules whichever is longer.

2. (2) If the provisions of ORS 137.635, require the imprisonment of an offender for whom the grid provides presumptive probation, the offender shall be imprisoned for a duration determined as follows:

   1. (a) 11–12 months for an offense classified in Grid Block 7-I;
   2. (b) 12–13 months for an offense classified in Grid Block 7-H;
   3. (c) 13–14 months for an offense classified in Grid Block 7-G; and
   4. (d) 14–15 months for an offense classified in Grid Block 7-F.
3. (3) Notwithstanding subsection (1) of this rule, if it is the first time an offender is subject to the provisions of ORS 161.610(4)(a), the court may impose a lesser sentence in accordance with these rules.

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 253-009-0001
SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93
SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89
SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89