137.077
Presentence report; general principles of disclosure. The presentence report is not a
public record and shall be available only to:
(1) The
sentencing court for the purpose of assisting the court in determining the
proper sentence to impose and to other judges who participate in a sentencing
council discussion of the defendant. The sentencing judge may disclose
information from the presentence report that is necessary to address the
content of the report, examine the reasoning for a sentencing recommendation or
to explain the reasons for the sentence imposed. Appellate judges may disclose
information from the presentence report that is necessary for legal analysis of
the case or to report the reasoning of the appellate court.
(2) The
Department of Corrections, State Board of Parole and Post-Prison Supervision
and other persons or agencies having a legitimate professional interest in the
information likely to be contained therein. These agencies or persons may make
the presentence report, or any reports based on the contents of that report,
available to the victim.
(3) Appellate or
review courts where relevant to an issue on which an appeal is taken or
post-conviction relief sought.
(4) The district
attorney, the defendant or the counsel of the defendant, as provided in ORS
137.079. The district attorney and counsel of the defendant may retain a copy
of the presentence report as a part of the permanent records of the case. The
district attorney and counsel of the defendant may disclose the contents of the
presentence report to individuals or agencies when preparing for the sentencing
of the defendant. “Individuals and agencies” include victims, psychologists,
psychiatrists, physicians licensed under ORS 677.100 to 677.228 and any other
person or agency who may assist the state or the defendant at the time of
sentencing. [1973 c.836 §260; 1987 c.320 §28; 1989 c.408 §1; 2017 c.409 §6]
Notes of Decisions
Cited in
17
cases, 1975–2015 · leading case:
State v. Cuevas, 358 P.3d 147 (Or. 2015).
State v. Cuevas, 358 P.3d 147 (Or. 2015).
· cites it 4× “ORS 137.077 provides for a presentencing report to assist trial courts in determining the appropriate sentence.”
Hunter v. Farmers Ins., 898 P.2d 201 (Or. Ct. App. 1995).
· cites it 13× “Plaintiff had objected to the introduction of testimony concerning Battles’s presentence report on the ground that, under ORS 137.077, presentence report information is available only to the sentencing court, the Department of Corrections, the appellate courts on review of the…”
Stevens v. Bispham, 851 P.2d 556 (Or. 1993).
· cites it 2× “After conviction, the person is entitled to have a pre-sentence investigation to determine an appropriate sanction, ORS 137.077, to be represented by counsel throughout the sentencing proceedings, ORS 137.”
State Ex Rel. Russell v. Jones, 647 P.2d 904 (Or. 1982).
· cites it 2× “" ORS 137.077 specifically provides that the presentence report is not a public record and shall be available only to the sentencing court, the Corrections Division and related agencies, appellate or review courts, the district attorney and the defendant or the defendant's…”
In Re Complaint as to the Conduct of Collins, 775 P.2d 312 (Or. 1989).
· cites it 21× “The Bar charges that Collins violated ORS 137.077, 1 by disclosing information from a presentence report (PSR) to a crime victim and that he thereby also violated former DR 1-102(A)(5) [current DR 1-102(A)(4)] 2 and DR 7-102(A)(8) 3 of the Code of Professional Responsibility…”
DeAngelo v. Schiedler, 757 P.2d 1355 (Or. 1988).
“For instance, Oregon’s current “modified just deserts” approach to incarcerating individuals requires the sentencing judge to be fully informed of the defendant’s criminal history, the crime severity, and aggravating and mitigating matters before imposing sentence.”
State v. Sanchez, 981 P.2d 361 (Or. Ct. App. 1999).
· cites it 2× “ORS 137.077. A defendant may file a written motion to correct any factual errors in the criminal history and the presentence report.”
State v. Escalera, 194 P.3d 883 (Or. Ct. App. 2008).
· cites it 2× “If corrections are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077. “(5)(a) The provisions of this subsection apply only to a defendant being sentenced for a felony committed on or after November 1,1989.”
State v. Jacob, 180 P.3d 6 (Or. 2008).
““(e) If corrections to the presentence report are made by the court, only corrected copies of the report shall be provided to individuals or agencies pursuant to ORS 137.077. “(f) Except as provided in ORS 138.”
State v. Rhodes, 941 P.2d 1072 (Or. Ct. App. 1997).
“See ORS 137.077(1) (appellate judges are to disclose information from the presentence report only if necessary for legal analysis of the case or to report the reasoning of the court).”
State v. Silverman, 977 P.2d 1186 (Or. Ct. App. 1999).
“1 Pursuant to ORS 137.077(1), we disclose some of the contents of the presentence investigation report because it “is necessary for legal analysis of the case.”
Turner v. Reed, 538 P.2d 373 (Or. Ct. App. 1975).
“See, ORS 137.077 to 137.079. See also, n 12, infra.”
— Or. Rev. Stat. § 137.077(1) — 4 cases
State v. Rhodes, 941 P.2d 1072 (Or. Ct. App. 1997).
“See ORS 137.077(1) (appellate judges are to disclose information from the presentence report only if necessary for legal analysis of the case or to report the reasoning of the court).”
State v. Silverman, 977 P.2d 1186 (Or. Ct. App. 1999).
“1 Pursuant to ORS 137.077(1), we disclose some of the contents of the presentence investigation report because it “is necessary for legal analysis of the case.”
Hunter v. Farmers Ins., 898 P.2d 201 (Or. Ct. App. 1995).
“Plaintiff had objected to the introduction of testimony concerning Battles’s presentence report on the ground that, under ORS 137.077, presentence report information is available only to the sentencing court, the Department of Corrections, the appellate courts on review of the…”
— Or. Rev. Stat. § 137.077(2) — 2 cases
Hunter v. Farmers Ins., 898 P.2d 201 (Or. Ct. App. 1995).
“Plaintiff had objected to the introduction of testimony concerning Battles’s presentence report on the ground that, under ORS 137.077, presentence report information is available only to the sentencing court, the Department of Corrections, the appellate courts on review of the…”
In Re Complaint as to the Conduct of Collins, 775 P.2d 312 (Or. 1989).
“The Bar charges that Collins violated ORS 137.077, 1 by disclosing information from a presentence report (PSR) to a crime victim and that he thereby also violated former DR 1-102(A)(5) [current DR 1-102(A)(4)] 2 and DR 7-102(A)(8) 3 of the Code of Professional Responsibility…”
— Or. Rev. Stat. § 137.077(4) — 1 case
Hunter v. Farmers Ins., 898 P.2d 201 (Or. Ct. App. 1995).
“Plaintiff had objected to the introduction of testimony concerning Battles’s presentence report on the ground that, under ORS 137.077, presentence report information is available only to the sentencing court, the Department of Corrections, the appellate courts on review of the…”
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