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Oregon Revised Statutes

Or. Rev. Stat. § 137.124 (2026)

Commitment of defendant to Department of Corrections or county; place of confinement; transfer of adults in custody; juveniles

✓ current as of May 2026
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      137.124 Commitment of defendant to Department of Corrections or county; place of confinement; transfer of adults in custody; juveniles. (1) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months:

      (a) The court shall not designate the correctional facility in which the defendant is to be confined but shall commit the defendant to the legal and physical custody of the Department of Corrections; and

      (b) If the judgment provides that the term of incarceration be served consecutively to a term of incarceration of 12 months or less that was imposed in a previous proceeding by a court of this state upon conviction of a felony, the defendant shall serve any remaining part of the previously imposed term of incarceration in the legal and physical custody of the Department of Corrections.

      (2)(a) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that is 12 months or less, the court shall commit the defendant to the legal and physical custody of the supervisory authority of the county in which the crime of conviction occurred.

      (b) Notwithstanding paragraph (a) of this subsection, when the court imposes a sentence upon conviction of a felony that includes a term of incarceration that is 12 months or less, the court shall commit the defendant to the legal and physical custody of the Department of Corrections if the court orders that the term of incarceration be served consecutively to a term of incarceration that exceeds 12 months that was imposed in a previous proceeding or in the same proceeding by a court of this state upon conviction of a felony.

      (3) After assuming custody of the convicted person the Department of Corrections may transfer adults in custody from one correctional facility to another such facility for the purposes of diagnosis and study, rehabilitation and treatment, as best seems to fit the needs of the adult in custody and for the protection and welfare of the community and the adult in custody.

      (4) If the court imposes a sentence of imprisonment upon conviction of a misdemeanor, it shall commit the defendant to the custody of the supervisory authority of the county in which the crime of conviction occurred.

      (5)(a) When a person under 18 years of age at the time of committing the offense and under 20 years of age at the time of sentencing is committed to the Department of Corrections under ORS 137.707 or due to the fact that criminal proceedings were initiated after the person attained 18 years of age, the Department of Corrections shall transfer the physical custody of the person to the Oregon Youth Authority as provided in ORS 420.011 if:

      (A) The person will complete the sentence imposed before the person attains 25 years of age;

      (B) The Department of Corrections and the Oregon Youth Authority determine that, because of the person’s age, immaturity, mental or emotional condition or risk of physical harm to the person, the person should not be incarcerated initially in a Department of Corrections institution; or

      (C) The person is under 18 years of age at the time of sentencing and commitment.

      (b) A person placed in the custody of the Oregon Youth Authority under this subsection who is at least 18 years of age shall be returned to the physical custody of the Department of Corrections whenever the Director of the Oregon Youth Authority, after consultation with the Department of Corrections, determines that the conditions or circumstances that warranted the transfer of custody under this subsection are no longer present.

      (c) Notwithstanding ORS 137.320, the sheriff may by agreement with the Department of Corrections transfer the person described in this subsection directly to a youth correction facility for physical custody without first delivering the person to the Department of Corrections. As part of the agreement with the Department of Corrections, the sheriff may designate the county juvenile department or the Oregon Youth Authority to conduct the direct transfer described in this paragraph if the sheriff has entered into a written agreement with the county juvenile department, the Oregon Youth Authority, or both, to provide the direct transfer.

      (6)(a) When a person under 18 years of age at the time of committing the offense and under 20 years of age at the time of sentencing is committed to the legal and physical custody of the Department of Corrections or the supervisory authority of a county following waiver under ORS 419C.349 (1)(b), 419C.352, 419C.364 or 419C.370 or sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712, the Department of Corrections or the supervisory authority of a county shall transfer the person to the physical custody of the Oregon Youth Authority for placement as provided in ORS 420.011 (3). The terms and conditions of the person’s incarceration and custody are governed by ORS 420A.200 to 420A.206. Notwithstanding ORS 137.320, the sheriff may by agreement with the Department of Corrections or the supervisory authority of a county transfer the person described in this subsection directly to a youth correction facility for physical custody without first delivering the person to the Department of Corrections or supervisory authority of the county. As part of the agreement with the Department of Corrections or supervisory authority of the county, the sheriff may designate the county juvenile department or the Oregon Youth Authority to conduct the direct transfer described in this paragraph if the sheriff has entered into a written agreement with the county juvenile department, the Oregon Youth Authority, or both, to provide the direct transfer.

      (b) Notwithstanding ORS 137.320, when a person under 16 years of age is waived under ORS 419C.349 (1)(b), 419C.352, 419C.364 or 419C.370 and subsequently is sentenced to a term of imprisonment in the county jail, the sheriff shall transfer the person to a youth correction facility for physical custody as provided in ORS 420.011 (3).

      (7) Notwithstanding the provisions of subsection (5)(a)(A) of this section, the department or the supervisory authority of a county may not transfer the physical custody of the person under subsection (5)(a)(A) of this section if the Director of the Oregon Youth Authority, after consultation with the Department of Corrections or the supervisory authority of a county, determines that, because of the person’s age, mental or emotional condition or risk of physical harm to other persons, the person should not be incarcerated in a youth correction facility.

      (8) Notwithstanding any other provision of this section, under no circumstances may a person under 18 years of age be incarcerated in a Department of Corrections institution.

      (9) If a defendant is transferred under subsection (5) or (6) of this section, the defendant shall also be transferred after a resentencing on the same charges resulting from an appellate decision or a post-conviction relief proceeding or for any other reason, even if the defendant is 20 years of age or older at the time of the resentencing.

      (10) For the purposes of determining the person’s age at the time of committing an offense under this section:

      (a) If the person is convicted of two or more offenses occurring on different days, the person’s age shall be calculated using the earliest date.

      (b) If the person is convicted of an offense occurring within a range of dates, the person’s age shall be calculated using the date at the beginning of the range. [1967 c.585 §4; 1971 c.743 §325; 1973 c.836 §262; 1985 c.631 §5; 1987 c.320 §30; 1993 c.33 §299; 1993 c.546 §118; 1995 c.422 §§57,57a; 1995 c.423 §12a; 1999 c.109 §5; 2013 c.355 §1; 2014 c.31 §1; 2017 c.134 §1; 2019 c.213 §22; 2019 c.634 §2; 2023 c.117 §1]

 

      Note: Section 2, chapter 117, Oregon Laws 2023, provides:

      Sec. 2. (1) Notwithstanding section 32, chapter 634, Oregon Laws 2019, as amended by section 3c, chapter 635, Oregon Laws 2019, and section 4, chapter 685, Oregon Laws 2019, the amendments to ORS 137.124 by section 2, chapter 634, Oregon Laws 2019, and section 1 of this 2023 Act apply to persons who were originally sentenced before, on or after January 1, 2020, and who are subsequently resentenced on or after the effective date of this 2023 Act [May 19, 2023], for any reason.

      (2) Notwithstanding section 32, chapter 634, Oregon Laws 2019, as amended by section 3c, chapter 635, Oregon Laws 2019, and section 4, chapter 685, Oregon Laws 2019, the amendments to ORS 137.124 by section 2, chapter 634, Oregon Laws 2019, and section 1 of this 2023 Act apply to persons who were originally sentenced before, on or after January 1, 2020, and who were subsequently resentenced on or after January 1, 2020, but before the effective date of this 2023 Act, for any reason, if the Department of Corrections and the Oregon Youth Authority determine that, because of the person’s age, immaturity, mental or emotional condition or risk of physical harm to the person, the person should not be incarcerated in a Department of Corrections institution. [2023 c.117 §2]

 

      137.125 [1955 c.660 §3; repealed by 1967 c.585 §8]

 

(Community Service)

Notes of Decisions
Cited in 70 cases (10 in the last 5 years), 1969–2025 · leading case: State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009).
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State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009). · cites it 12× “" ORS 137.124 provides, in part: "(1) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months: "(a) The court * * * shall commit the defendant to the legal and physical custody of the Department of Corrections[.”
Nissel v. Pearce, 764 P.2d 224 (Or. 1988). · cites it 4× “the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of the entry of judgment and a statement signed by the sheriff of the number of days the defendant was imprisoned prior to delivery, to the…”
State v. Hammond, 180 P.3d 137 (Or. Ct. App. 2008). · cites it 2× “752 provides, in part: "(1) When a court commits a defendant to the custody of a supervisory authority of a county under ORS 137.124, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the supervisory…”
Jones v. Thompson, 968 P.2d 380 (Or. Ct. App. 1998). · cites it 3× “ORS 137.124 [2] provides for the commitment of a felon to the legal and physical custody of DOC.”
Gage v. Maass, 759 P.2d 1049 (Or. 1988). · cites it 3× “1 At the time this plaintiff received a sentence of imprisonment for conviction of a felony, ORS 137.124 provided that the convict must be sentenced to the legal and physical custody of the “Corrections Division.”
State Ex Rel. Juv. Dep't v. Kent, 572 P.2d 1059 (Or. Ct. App. 1977). · cites it 3× “If a juvenile is remanded to adult criminal court and subsequently convicted and sentenced to a prison term, ORS 137.124 delegates the decision as to where the juvenile will be confined to the Corrections Division: "(1) If the court imposes a sentence of imprisonment upon…”
Van Daam v. Hegstrom, 744 P.2d 269 (Or. Ct. App. 1987). · cites it 4× “ORS 137.124(4) requires that all remanded juveniles under 18 years of age who have been sentenced to a term of imprisonment in the custody of the Corrections Division shall be transferred to a juvenile training school for physical custody.”
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000). · cites it 2× “ORS 137.124(5)(a) (cross referencing ORS 137.”
Evans v. Oregon State Penitentiary, 743 P.2d 168 (Or. Ct. App. 1987). · cites it 2× “482, “do not apply to orders issued to persons who have been committed pursuant to ORS 137.124 to the custody of the Corrections Division.”
State v. Isbell, 38 P.3d 272 (Or. Ct. App. 2001). · cites it 2× “, ORS 137.124(1), (2) (providing for service in state or local facilities of consecutive sentences imposed in "a previous proceeding" or "the same proceeding").”
State v. Stark, 307 P.3d 418 (Or. 2013). “585 (1987) provided: “(1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124(1). “(2)…”
Bartholomew v. Reed, 477 F. Supp. 223 (D. Or. 1979). “ORS 137.124 provides: (1) If the court imposes a sentence of imprisonment upon conviction of a felony, it shall not designate the correctional facility in which the defendant is to be confined but shall commit the defendant to the legal and physical custody of the Corrections…”
Show all 70 citing cases →
— Or. Rev. Stat. § 137.124(1) — 14 cases
State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009). “" ORS 137.124 provides, in part: "(1) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months: "(a) The court * * * shall commit the defendant to the legal and physical custody of the Department of Corrections[.”
State v. Isbell, 38 P.3d 272 (Or. Ct. App. 2001). “, ORS 137.124(1), (2) (providing for service in state or local facilities of consecutive sentences imposed in "a previous proceeding" or "the same proceeding").”
State v. Stark, 307 P.3d 418 (Or. 2013). “585 (1987) provided: “(1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124(1). “(2)…”
Jones v. Thompson, 968 P.2d 380 (Or. Ct. App. 1998). “ORS 137.124 [2] provides for the commitment of a felon to the legal and physical custody of DOC.”
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 137.124(2) — 15 cases
State v. Waechter, 986 P.2d 1281 (Or. Ct. App. 1999).
State v. Tatarinov, 155 P.3d 67 (Or. Ct. App. 2007).
State v. Gutierrez, 11 P.3d 690 (Or. Ct. App. 2000).
State v. Becker, 37 P.3d 252 (Or. Ct. App. 2002).
State v. Baranovich, 295 P.3d 58 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 137.124(2)(a) — 2 cases
State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009). “" ORS 137.124 provides, in part: "(1) If the court imposes a sentence upon conviction of a felony that includes a term of incarceration that exceeds 12 months: "(a) The court * * * shall commit the defendant to the legal and physical custody of the Department of Corrections[.”
State v. Ferguson, 206 P.3d 1145 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 137.124(2)(b) — 3 cases
State v. Ferguson, 206 P.3d 1145 (Or. Ct. App. 2009).
State v. Williams, 131 P.3d 767 (Or. Ct. App. 2006).
State v. Nason, 55 P.3d 525 (Or. Ct. App. 2002).
— Or. Rev. Stat. § 137.124(3) — 2 cases
State v. Walley, 460 P.2d 370 (Or. Ct. App. 1969).
State v. Hiatt, 739 P.2d 72 (Or. Ct. App. 1987).
— Or. Rev. Stat. § 137.124(4) — 6 cases
Van Daam v. Hegstrom, 744 P.2d 269 (Or. Ct. App. 1987). “ORS 137.124(4) requires that all remanded juveniles under 18 years of age who have been sentenced to a term of imprisonment in the custody of the Corrections Division shall be transferred to a juvenile training school for physical custody.”
State v. Frier, 333 P.3d 1093 (Or. Ct. App. 2014).
State v. Williams, 131 P.3d 767 (Or. Ct. App. 2006).
State ex rel. Juv. Dep't v. Reed, 863 P.2d 1291 (Or. Ct. App. 1993).
State Ex Rel. Juv. Dept. v. Reed, 863 P.2d 1291 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 137.124(5)(a) — 1 case
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000). “ORS 137.124(5)(a) (cross referencing ORS 137.”
— Or. Rev. Stat. § 137.124(5)(a)(B) — 1 case
Canales-Robles v. Peters (D. Or. 2022).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.