Oregon Statutes 137.705 – Definitions; adult prosecution of certain juvenile offenders
(1)(a) As used in this section and ORS § 137.707:
Terms Used In Oregon Statutes 137.705
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(A) ‘Charged’ means the filing of an accusatory instrument in a court of criminal jurisdiction.
(B) ‘Detention facility’ has the meaning given that term in ORS § 419A.004.
(C) ‘Prosecuted’ includes pretrial and trial procedures, requirements and limitations provided for in criminal cases.
(b) Unless otherwise provided in ORS § 137.707, ORS chapters 137 and 138 apply to proceedings under ORS § 137.707.
(2)(a) If the juvenile court enters an order of waiver under ORS § 419C.349 (1)(a), the person waived may be charged with the commission of an offense listed in ORS § 137.707 and may be prosecuted as an adult. The person may be detained in custody only in a detention facility, unless the person is 16 or 17 years of age and the director of the county juvenile department and the sheriff agree to detain the person in a jail or other place where adults are detained. A person detained in accordance with this paragraph is subject to release on the same terms and conditions as for adults.
(b) If a person waived under ORS § 419C.349 (1)(a) is under 16 years of age, the person may not be detained before conviction, or after conviction but before execution of the sentence, in a jail or other place where adults are detained. [1995 c.422 § 48; 2011 c.122 § 1; 2019 c.634 § 4]
Section 32, chapter 634, Oregon Laws 2019, provides:
(1) Sections 24 [161.740] and 25 [144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS § 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019 [163.107], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.
(2) Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS § 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 § 32; 2019 c.635 § 3c; 2019 c.685 § 4]
See second note under 137.700.