When a presentence report is made, the preparer of the report shall:

1. (1) Make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim. If contacting the victim directly might be detrimental, and if a statement about the effect of the crime on the victim can be gathered through another method, such as through a victim advocate, the writer may use professional judgment in deciding how to include a victim statement in the report.
2. (2) If the victim is under 18 years of age, obtain the consent of the victim's parents or guardian before contacting the victim.
3. (3) Include the statement of the victim in the presentence investigation report.
4. (4) If unable to contact the victim or if the victim declines to make a statement, report that he/she was unable to contact the victim after making reasonable efforts to do so, or if the contact was made with the victim, that the victim declined to make a statement.
5. (5) Before taking a statement from the victim, inform the victim that the statement will be made available to the defendant and the defendant's counsel prior to sentencing as required under ORS 137.079.

Statutory/Other Authority

ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075

History

DOC 4-2020, amend filed 02/19/2020, effective 02/19/2020
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86