ORS § 161.740

Current through 2024 Regular Session legislation effective June 6, 2024

Section 161.740 - Sentencing of juvenile offenders

(1) A court may not impose a sentence of life imprisonment without the possibility of release or parole on a person who was under 18 years of age at the time of committing the offense.

(2) In determining the appropriate sentence for a person who was under 18 years of age at the time of committing the offense, if the court is provided information concerning the following circumstances, or any other relevant circumstances, the court shall consider those circumstances in imposing the sentence:

(a) The person's age, intellectual capacity and impetuousness at the time of the offense.

(b) The person's family and community environment, history of trauma and prior involvement in the juvenile dependency system at the time of the offense.

(c) The person's ability at the time of the offense to appreciate the risks and consequences of the conduct constituting the offense.

(d) The person's community involvement prior to the offense.

(e) Any peer or familial pressure to which the person was subjected at the time of the offense.

(f) Whether and to what extent an adult was involved in the commission of the offense.

(g) The person's capacity for rehabilitation.

(h) The person's school records and special education evaluations.

(i) Any other mitigating factors or circumstances presented by the person.

(3)

(a) If the court is provided with a report of a mental health evaluation of the person, the court shall give the evaluation substantial weight in imposing the sentence if:

(A) The evaluation was conducted by a psychiatrist or psychologist whose primary practice involves the treatment of adolescents; and

(B) The report includes the assessment of the person's degree of insight, judgment, self-awareness, emotional regulation and impulse control.

(b) Paragraph (a) of this subsection does not constitute a requirement that a person obtain or submit an evaluation for sentencing.

(4) When sentencing a person who was under 18 years of age at the time of committing the offense, under no circumstances may the court consider the age of the person as an aggravating factor.

(5) When sentencing a person who was under 18 years of age at the time of committing an offense to a term of imprisonment, the court shall indicate in the judgment:

(a) The age of the person at the time of committing the offense; and

(b) That the person is eligible for a hearing and release under ORS 144.397.

ORS 161.740

2019 c. 634, § 24

Section 32, chapter 634, Oregon Laws 2019, provides:

Sec. 32. (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]