The Max Revocation Sanction Might Still Be 60 Days. . .

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by: Lburrows • July 8, 2014 • no comments

The now-“sunsetted” 60-day maximum for certain probation revocation sentences in ORS 137.545(5)(b) (2009), amended by Or Laws 2011, ch 596, § 5, may still apply in your case. There are three prerequisites to application of the 60-day rule under HB 3508 (2009) and SB 730 (2011): (1) the underlying crime must have been committed before July 1, 2013; (2) the original sentence must have been a presumptive term of probation; and (3) the conduct for which probation is revoked must not constitute a new crime. Note that the rule applies where the underlying crime was committed before July 1, 2013, regardless of when defendant was placed on probation or probation is revoked.

Here’s the relevant statutory language:

HB 3508 (2009)

Section 20 (creates 60-day rule):

“137.545 is amended to read: * * * (5)(b) For defendants sentenced for felonies committed on or after November 1, 1989, the court that imposed the probationary sentence may revoke probation supervision and impose a sanction as provided by rules of the Oregon Criminal Justice Commission. If the defendant was sentenced to a presumptive period of probation, the court may not impose a term of incarceration that exceeds 60 days as a revocation sanction unless the revocation is the result of the defendant's conviction for a new crime.”

Section 49(8) (makes rule retroactive):

“The amendments to ORS 137.545 by section 20 of this 2009 Act apply to crimes committed before July 1, 2011.”

Section 32 (creates sunset date):

“ORS 137.545, as amended by section 20 of this 2009 Act, is amended to read: * * * (b) For defendants sentenced for felonies committed on or after November 1, 1989, the court that imposed the probationary sentence may revoke probation supervision and impose a sanction as provided by rules of the Oregon Criminal Justice Commission. If the defendant was sentenced to a presumptive period of probation, the court may not impose a term of incarceration that exceeds 60 days as a revocation sanction unless the revocation is the result of the defendant's conviction for a new crime.”

Section 49(11) (establishes subset date of 7/1/11):

“The amendments to ORS 137.545 by section 32 of this 2009 Act apply to crimes committed on or after July 1, 2011.”

SB 730 (2011)

Section 1 (renews 60-day rule):

“ORS 137.545, as amended by section 32, chapter 660, Oregon Laws 2009, is amended to read:* * * (5)(b) For defendants sentenced for felonies committed on or after November 1, 1989, the court that imposed the probationary sentence may revoke probation supervision and impose a sanction as provided by rules of the Oregon Criminal Justice Commission. If the defendant was sentenced to a presumptive period of probation, the court may not impose a term of incarceration that exceeds 60 days as a revocation sanction unless the revocation is the result of the defendant’s conviction for a new crime.”

Section 2 (extends sunset date):

“The amendments to ORS 137.545 by section 1 of this 2011 Act apply to crimes committed on or after July 1, 2011, and before July 1, 2013.”

Section 5 (creates new sunset date):

“ORS 137.545, as amended by section 32, chapter 660, Oregon Laws 2009, and section 1 of this 2011 Act, is amended to read: * * * “(5)(b) For defendants sentenced for felonies committed on or after November 1, 1989, the court that imposed the probationary sentence may revoke probation supervision and impose a sanction as provided by rules of the Oregon Criminal Justice Commission. If the defendant was sentenced to a presumptive period of probation, the court may not impose a term of incarceration that exceeds 60 days as a revocation sanction unless the revocation is the result of the defendant's conviction for a new crime.”

Section 6 (establishes 7/1/13 as the new sunset date):

“(1) The amendments to ORS 137.545 by section 5 of this 2011 Act become operative on July 1, 2013.

“(2) The amendments to ORS 137.545 by section 5 of this 2011 Act apply to crimes committed on or after July 1, 2013.”