(1) A person convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS § 137.124 (2) is eligible for a reduction in the period of probation or post-prison supervision for complying with terms of probation or post-prison supervision, including demonstrating a commitment to the payment of restitution to the extent the person is able to pay, and participation in recidivism reduction programs.

Terms Used In Oregon Statutes 137.633

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(2) The maximum reduction under this section may not exceed 50 percent of the period of probation or post-prison supervision imposed.

(3) A reduction under this section may not be used to shorten the period of probation or post-prison supervision to less than six months.

(4) A person serving a sentence described as follows is not eligible for a reduction in the term of supervision under this section:

(a) A sentence for a crime described in ORS § 163.095, 163.107, 163.115, 163.118, 163.125, 163.149, 163.185, 163.225, 163.235, 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.427, 163.670, 164.325, 164.415 or 167.017;

(b) A sentence for attempt or conspiracy to commit a crime described in ORS § 163.095, 163.107 or 163.115;

(c) A sentence for a crime committed prior to November 1, 1989;

(d) A sentence imposed under the provisions of ORS § 161.610;

(e) A sentence imposed under the provisions of ORS § 161.725 and 161.735;

(f) A sentence imposed under the provisions of ORS § 137.635;

(g) A sentence imposed under the provisions of ORS § 137.690, 164.061, 475.907, 475.925, 475.930 or 813.011; or

(h) A term of supervision subject to ORS § 144.103.

(5)(a) The Department of Corrections shall adopt rules to carry out the provisions of this section.

(b) The rules adopted under this subsection shall include but are not limited to:

(A) Rules creating processes for early and ongoing notification of eligibility for an earned reduction in supervision under this section to persons on supervision; and

(B) Rules establishing consistent standards for determining when a person on supervision is in compliance with the requirements for, and has succeeded in, earning a reduction in supervision under this section.

(c) The supervisory authority shall comply with the rules adopted under this subsection.

(6) As used in this section:

(a) ‘Designated drug-related misdemeanor’ has the meaning given that term in ORS § 423.478.

(b) ‘Designated person misdemeanor’ has the meaning given that term in ORS § 423.478. [2013 c.649 § 17; 2015 c.140 § 1; 2017 c.706 § 19; 2021 c.450 § 1; 2021 c.581 § 5]

 

Section 2, chapter 450, Oregon Laws 2021, provides:

The amendments to ORS § 137.633 by section 1, chapter 450, Oregon Laws 2021, apply to sentences imposed before, on or after January 1, 2022. [2021 c.450 § 2; 2023 c.75 § 1]

 

137.633 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

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