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ORS 161.737 — Sentence imposed on dangerous offender as departure from sentencing guidelines

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 161.737 — Sentence imposed on dangerous offender as departure from sentencing guidelines

161.737 Sentence imposed on dangerous offender as departure from sentencing guidelines. (1) A sentence imposed under ORS 161.725 and 161.735 for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dangerous offender under ORS 161.725 and 161.735 shall constitute substantial and compelling reasons to depart from the presumptive sentence as provided by rules of the Oregon Criminal Justice Commission. (2) When the sentence is imposed, the sentencing judge shall indicate on the record the reasons for the departure and shall impose, in addition to the indeterminate sentence imposed under ORS 161.725, a required incarceration term that the offender must serve before release to post-prison supervision. If the presumptive sentence that would have been imposed if the court had not imposed the sentence under ORS 161.725 and 161.735 as a departure is a prison sentence, the required incarceration term shall be no less than the presumptive incarceration term and no more than twice the maximum presumptive incarceration term. If the presumptive sentence for the offense is probation, the required incarceration term shall be no less than the maximum incarceration term provided by the rule of the Oregon Criminal Justice Commission that establishes incarceration terms for dispositional departures and no more than twice that amount. However, the indeterminate sentence imposed under this section and ORS 161.725 is not subject to any guideline rule establishing limitations on the duration of departures. [1989 c.790 §77; 1993 c.334 §6]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 161 · ORS 161.737

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
TITLE 16 CRIMES AND PUNISHMENTS Chapter 161. General Provisions 162. Offenses Against the State and Public Justice 163. Offenses Against Persons 163A. Sex Offender Reporting and Classification 164. Offenses Against Property 165. Offenses Involving Fraud or Deception 166. Offenses Against Public Order; Firearms and Other Weapons; Racketeering 167. Offenses Against General Welfare and Animals 169. Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities _______________ Chapter 161 — General Provisions Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables 2025 EDITION GENERAL PROVISIONS CRIMES AND PUNISHMENTS PRINCIPLES CRIMINAL LIABILITY PARTIES TO CRIME JUSTIFICATION RESPONSIBILITY (Temporary provisions relating to maximum periods of commitment and community restoration are compiled as notes following ORS 161.371) INCHOATE CRIMES CLASSES OF OFFENSES DISPOSITION OF OFFENDERS AUTHORITY OF SENTENCING COURT PRINCIPLES
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Source location: ORS 161.737 (all printed versions and notes)

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161.737 Sentence imposed on dangerous offender as departure from sentencing guidelines. (1) A sentence imposed under ORS 161.725 and 161.735 for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dangerous offender under ORS 161.725 and 161.735 shall constitute substantial and compelling reasons to depart from the presumptive sentence as provided by rules of the Oregon Criminal Justice Commission. (2) When the sentence is imposed, the sentencing judge shall indicate on the record the reasons for the departure and shall impose, in addition to the indeterminate sentence imposed under ORS 161.725, a required incarceration term that the offender must serve before release to post-prison supervision. If the presumptive sentence that would have been imposed if the court had not imposed the sentence under ORS 161.725 and 161.735 as a departure is a prison sentence, the required incarceration term shall be no less than the presumptive incarceration term and no more than twice the maximum presumptive incarceration term. If the presumptive sentence for the offense is probation, the required incarceration term shall be no less than the maximum incarceration term provided by the rule of the Oregon Criminal Justice Commission that establishes incarceration terms for dispositional departures and no more than twice that amount. However, the indeterminate sentence imposed under this section and ORS 161.725 is not subject to any guideline rule establishing limitations on the duration of departures. [1989 c.790 §77; 1993 c.334 §6]

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 161.725 — Standards for sentencing of dangerous offenders

161.725 Standards for sentencing of dangerous offenders. (1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if because of the dangerousness of the defendant an extended period of confined correctional treatment or custody is required for the protection of the public and one or more of the following grounds exist: (a) The defendant is being sentenced for a Class A felony and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another. (b) The defendant is being sentenced for a felony that seriously endangered the life or safety of another, the defendant has been previously convicted of a felony not related to the instant crime as a single criminal episode and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another. (c) The defendant is being sentenced for a felony that seriously endangered the life or safety of another, the defendant has previously engaged in unlawful conduct not related to the instant crime as a single criminal episode that seriously endangered the life or safety of another and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another. (2) As used in this section, “previously convicted of a felony” means: (a) Previous conviction of a felony in a court of this state; (b) Previous conviction in a court of the United States, other than a court-martial, of an offense which at the time of conviction of the offense was and at the time of conviction of the instant crime is punis

Source: Oregon Legislature — ORS 2025 Edition, Chapter 161 · ORS 161.725

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.