137.320
Delivery of defendant when committed to Department of Corrections; credit on
sentence. (1)
Except as provided in ORS 137.124, when a judgment includes commitment to 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 superintendent of the Department of
Corrections institution to which the defendant is initially assigned pursuant
to ORS 137.124. If at the time of entry of a judgment, the defendant was
serving a term of incarceration at the direction of the supervisory authority
of a county upon conviction of a prior felony, the sheriff shall also deliver
to the Department of Corrections a copy of the prior entry of judgment committing
the defendant to the supervisory authority of the county of conviction and a
statement of the number of days the defendant has remaining to be served on the
term or incarceration imposed in the prior judgment.
(2) If the
defendant is surrendered to another legal authority prior to delivery to an
institution of the Department of Corrections, the sheriff shall forward to the
Department of Corrections copies of the entry of all pertinent judgments, a
statement of the number of days the defendant was imprisoned prior to
surrender, a statement of the number of days the defendant has remaining to be
served on any term of incarceration the defendant was serving at the direction
of the supervisory authority of a county upon conviction of a prior felony and
an identification of the authority to whom the prisoner was surrendered.
(3) Upon receipt
of the information described in subsection (1) or (2) of this section, the
Department of Corrections shall establish a case file and compute the defendant’s
sentence in accordance with the provisions of ORS 137.370.
(4) When the
judgment is imprisonment in the county jail or a fine and that the defendant be
imprisoned until it is paid, the judgment shall be executed by the sheriff of
the county. The sheriff shall compute the time the defendant was imprisoned
after arrest and prior to the commencement of the term specified in the
judgment. Such time shall be credited toward the term of the sentence. [Amended
by 1955 c.660 §14; 1967 c.232 §1; 1967 c.585 §5; 1971 c.619 §1; 1973 c.631 §1;
1981 c.424 §1; 1987 c.320 §34; 1995 c.423 §29; 2014 c.31 §2]
Notes of Decisions
Cited in
51
cases (
7 in the last 5 years), 1959–2025 · leading case:
Nissel v. Pearce, 764 P.2d 224 (Or. 1988).
Nissel v. Pearce, 764 P.2d 224 (Or. 1988).
· cites it 43× “DISCUSSION Authority of Judge to Credit Presentence Time Served ORS 137.320 provides in relevant part: "(1) When a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of…”
State ex rel Torres-Lopez v. Fahrion, 373 Or. 816 (Or. 2025).
· cites it 10× “” That construc- tion would cover relator’s situation because he was confined in the Clackamas County Jail during that 82-day period in part because of “conduct” that led to charges in Clackamas County and that was unrelated to the alleged violation of his Marion County…”
Holcomb v. Sunderland, 894 P.2d 457 (Or. 1995).
· cites it 7× “Relying on ORS 137.320(4) and related statutes, plaintiff asserts that the sheriff is obliged by law to credit him with time that he served in jail after arrest and before judgment.”
Gage v. Maass, 759 P.2d 1049 (Or. 1988).
· cites it 5× “370(2) (a) to give credit for time served after arrest for the crime for which sentence was imposed, this responsibility does not arise until the sheriff who may have had the arrestee confined has complied with the sheriffs statutory duty under ORS 137.320. That is what the…”
State Ex Rel. O'Leary v. Jacobs, 669 P.2d 1128 (Or. 1983).
· cites it 3× “The statute describing the delivery procedure, ORS 137.320(1), 2 is found in a set of code sections, ORS 137.”
Randolph v. Dept. of Corr., 910 P.2d 1171 (Or. Ct. App. 1996).
· cites it 8× “2 ORS 137.320 provides, in part: “(1) When a judgment includes commitment to 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…”
Plumb v. Prinslow, 847 F. Supp. 1509 (D. Or. 1994).
· cites it 6× “ORS 137.320 (1989); OAR 291-100-013(2) (1989).”
Westfall v. State of Oregon, 324 P.3d 440 (Or. 2014).
· cites it 3× “” The cross-referenced subsections, ORS 137.320(1) and (2), provide that the sheriff will deliver a defendant to the department for its custody, together with copies of the relevant entries of judgment and a statement or statements about any time already served.”
Rivas v. Persson, 304 P.3d 765 (Or. Ct. App. 2013).
· cites it 4× “The court in that case ruled that DOC did not have a legal duty under ORS 137.320 and ORS 137.370 to credit plaintiff with the additional time served.”
Jones v. Thompson, 968 P.2d 380 (Or. Ct. App. 1998).
· cites it 2× “ORS 137.320 requires the sheriff to deliver the defendant to the DOC's institution to which the defendant is assigned, together with a copy of sentencing judgment.”
State v. Frier, 333 P.3d 1093 (Or. Ct. App. 2014).
· cites it 2× “We agree that those statutes provide important context suggesting that the legislature generally uses the phrase “term of imprisonment” to refer to a term of confinement either in jail or in prison.”
State v. McClure, 670 P.2d 1009 (Or. 1983).
· cites it 2× “1 We note that if a defendant serving a sentence in a county jail fails to receive credit for pretrial incarceration as mandated by the statute, his proper remedy would be an action against the sheriff, rather than a direct appeal from his sentence, because it is the sheriff who…”
— Or. Rev. Stat. § 137.320(1) — 16 cases
Nissel v. Pearce, 764 P.2d 224 (Or. 1988).
“DISCUSSION Authority of Judge to Credit Presentence Time Served ORS 137.320 provides in relevant part: "(1) When a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of…”
State ex rel Torres-Lopez v. Fahrion, 373 Or. 816 (Or. 2025).
“” That construc- tion would cover relator’s situation because he was confined in the Clackamas County Jail during that 82-day period in part because of “conduct” that led to charges in Clackamas County and that was unrelated to the alleged violation of his Marion County…”
State Ex Rel. O'Leary v. Jacobs, 669 P.2d 1128 (Or. 1983).
“The statute describing the delivery procedure, ORS 137.320(1), 2 is found in a set of code sections, ORS 137.”
Gage v. Maass, 759 P.2d 1049 (Or. 1988).
“370(2) (a) to give credit for time served after arrest for the crime for which sentence was imposed, this responsibility does not arise until the sheriff who may have had the arrestee confined has complied with the sheriffs statutory duty under ORS 137.320. That is what the…”
— Or. Rev. Stat. § 137.320(2) — 3 cases
State ex rel Torres-Lopez v. Fahrion, 373 Or. 816 (Or. 2025).
“” That construc- tion would cover relator’s situation because he was confined in the Clackamas County Jail during that 82-day period in part because of “conduct” that led to charges in Clackamas County and that was unrelated to the alleged violation of his Marion County…”
— Or. Rev. Stat. § 137.320(2)(a) — 1 case
— Or. Rev. Stat. § 137.320(3) — 14 cases
Nissel v. Pearce, 764 P.2d 224 (Or. 1988).
“DISCUSSION Authority of Judge to Credit Presentence Time Served ORS 137.320 provides in relevant part: "(1) When a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of…”
State ex rel Torres-Lopez v. Fahrion, 373 Or. 816 (Or. 2025).
“” That construc- tion would cover relator’s situation because he was confined in the Clackamas County Jail during that 82-day period in part because of “conduct” that led to charges in Clackamas County and that was unrelated to the alleged violation of his Marion County…”
Westfall v. State of Oregon, 324 P.3d 440 (Or. 2014).
“” The cross-referenced subsections, ORS 137.320(1) and (2), provide that the sheriff will deliver a defendant to the department for its custody, together with copies of the relevant entries of judgment and a statement or statements about any time already served.”
Randolph v. Dept. of Corr., 910 P.2d 1171 (Or. Ct. App. 1996).
“2 ORS 137.320 provides, in part: “(1) When a judgment includes commitment to 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…”
— Or. Rev. Stat. § 137.320(4) — 10 cases
Nissel v. Pearce, 764 P.2d 224 (Or. 1988).
“DISCUSSION Authority of Judge to Credit Presentence Time Served ORS 137.320 provides in relevant part: "(1) When a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of…”
Holcomb v. Sunderland, 894 P.2d 457 (Or. 1995).
“Relying on ORS 137.320(4) and related statutes, plaintiff asserts that the sheriff is obliged by law to credit him with time that he served in jail after arrest and before judgment.”
State v. Frier, 333 P.3d 1093 (Or. Ct. App. 2014).
“We agree that those statutes provide important context suggesting that the legislature generally uses the phrase “term of imprisonment” to refer to a term of confinement either in jail or in prison.”
State v. McClure, 670 P.2d 1009 (Or. 1983).
“1 We note that if a defendant serving a sentence in a county jail fails to receive credit for pretrial incarceration as mandated by the statute, his proper remedy would be an action against the sheriff, rather than a direct appeal from his sentence, because it is the sheriff who…”
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