Oregon Sentencing Guidelines Calculator

Question 1

What are Oregon Sentencing Guidelines?

Accepted Answer

Oregon Sentencing Guidelines are a structured system codified in OAR 213-004-0001 that determines presumptive sentences for felony offenses. The guidelines use a grid system that considers the crime seriousness level (1-11) and the offender's criminal history category (A-I) to determine whether the presumptive sentence is prison or probation, and if prison, the range in months. The guidelines were established to promote consistency and fairness in sentencing across Oregon courts.

Question 2

How do I determine the Crime Seriousness Level?

Accepted Answer

The Crime Seriousness Level (1-11) is determined by the specific offense and is established in the Crime Seriousness Scale found in OAR 213-004-0001. Level 11 represents the most serious crimes (such as Murder), while Level 1 represents the least serious felonies. The Crime Seriousness Scale is regularly updated by the Oregon Criminal Justice Commission and classifies each specific criminal statute. You can find the complete scale at Oregon Criminal Justice Commission.

Question 3

What is the Criminal History Category and how is it calculated?

Accepted Answer

The Criminal History Category (A-I) is based on the offender's prior criminal record and is calculated according to OAR 213-004-0006. Category A represents the most extensive criminal history, while Category I represents the least. The calculation considers factors such as prior felony convictions in Oregon and other jurisdictions, juvenile adjudications, and custody status. Each prior conviction is assigned points based on its seriousness, and the total determines the category. Consult with an attorney or the Oregon Criminal Justice Commission materials for the detailed scoring method.

Question 4

What is Measure 11 and how does it affect sentencing?

Accepted Answer

Measure 11 (codified in ORS 137.700) is a mandatory minimum sentencing law passed by Oregon voters in 1994. It applies to specific serious violent crimes including Murder, Manslaughter, Rape, Sodomy, Kidnapping, Assault, Robbery, and certain sex crimes. When a crime falls under Measure 11, the defendant must serve a mandatory minimum sentence that overrides the sentencing grid. No parole or earned-time reduction is available for Measure 11 sentences. Judges cannot depart below the mandatory minimum under any circumstances. Use our Oregon Measure 11 Sentencing Calculator for more details on these offenses.

Question 5

What is Post-Prison Supervision (PPS)?

Accepted Answer

Post-Prison Supervision (PPS) is a period of supervised release that follows imprisonment for felony convictions. The length of PPS is specified in the sentencing grid and varies based on the crime seriousness level and criminal history category. During PPS, the individual must comply with conditions set by the supervising officer and the court. Violations of PPS conditions can result in re-incarceration. PPS is separate from and in addition to the prison term.

Question 6

What is the difference between prison and probation sentences?

Accepted Answer

The Oregon Sentencing Guidelines Grid contains both shaded areas (indicating presumptive imprisonment) and unshaded areas (indicating presumptive probation). Prison sentences involve incarceration in a state correctional facility for the specified range of months, followed by post-prison supervision. Probation sentences allow the offender to remain in the community under supervision, subject to conditions and local sanctions such as jail time, community service, and treatment programs. Senate Bill 395 modified how local sanctions are calculated for probation sentences. The grid determines which type of sentence is presumptive based on the offense and criminal history.

Question 7

Can a judge depart from the sentencing guidelines?

Accepted Answer

Yes, judges may depart from the presumptive sentencing range in limited circumstances. Under OAR 213-008, departures are allowed when substantial and compelling reasons exist, based on aggravating or mitigating factors specific to the case. Common departure factors include victim vulnerability, extreme conduct, acceptance of responsibility, and lack of criminal sophistication. However, departures are subject to appellate review, and judges must provide written findings supporting any departure. For Measure 11 offenses, judges cannot depart below the mandatory minimum.

Question 8

What is SB 395 and how does it affect probation sentences?

Accepted Answer

Senate Bill 395 (passed in 2019 and effective in 2020) reformed Oregon's probation system by modifying how local sanctions are measured and applied. The bill changed the system from using "sanction units" to a more straightforward approach focused on jail days and community service. SB 395 also addressed how probation violations are handled and aimed to reduce the use of incarceration for technical violations. The sentencing grid's probation cells were updated to reflect these changes, with specific limits on jail days that can be imposed without a departure.

Question 9

How does earned time affect the actual time served?

Accepted Answer

Inmates in Oregon can earn credits for good behavior and program participation, which can reduce the actual time served in prison. However, the amount of earned time available varies based on the type of offense. Most felony offenses allow for earned time credits that can reduce time served by up to 20-30%. Measure 11 offenses do not allow any earned time reduction—the full mandatory minimum must be served. The Department of Corrections administers earned time programs, and eligibility depends on various factors including disciplinary record and program completion.

Question 10

Is this calculator accurate for my case?

Accepted Answer

This calculator provides educational information based on the Oregon Sentencing Guidelines Grid (OAR 213-004-0001) and is accurate for general reference. However, actual sentencing involves many factors that this calculator cannot account for, including specific case facts, aggravating or mitigating circumstances, plea agreements, departure motions, and judicial discretion. Additionally, sentencing laws change over time. This calculator should not be used as a substitute for legal advice. Always consult with a qualified Oregon criminal defense attorney for advice specific to your case.

Question 11

What fines can be imposed in addition to prison or probation?

Accepted Answer

In addition to imprisonment or probation, Oregon courts may impose fines as part of a felony sentence. Under ORS 161.625, the maximum fines are: Class A felonies up to $375,000, Class B felonies up to $250,000, and Class C felonies up to $125,000. The actual fine amount is determined by the judge based on the defendant's ability to pay, the severity of the crime, and other factors. Fines are separate from and in addition to restitution (compensation to victims) and court costs. Not all felony sentences include fines, but judges have discretion to impose them within these statutory maximums.

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