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Oregon Revised Statutes

Or. Rev. Stat. § 137.523 (2026)

Custody of person sentenced to confinement as condition of probation

✓ current as of May 2026
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      137.523 Custody of person sentenced to confinement as condition of probation. For felonies committed on or after November 1, 1989:

      (1) When the judge sentences the defendant to confinement in a county jail as a condition of probation, the judge shall sentence the defendant directly to the custody of the sheriff or the supervisory authority, as defined in rules of the Oregon Criminal Justice Commission, with jurisdiction over the county jail.

      (2) When the judge recommends a custodial facility or program other than jail as a condition of probation, the judge shall sentence the defendant directly to the custody of the supervisory authority, as defined in rules of the Oregon Criminal Justice Commission, with jurisdiction over the facility or program. Before imposing such a sentence, the judge must determine from the supervisory authority that space is available in the facility or program and that the defendant meets the eligibility criteria established for the facility or program.

      (3) A record of the time served by the defendant in custody under community supervision during probation shall be maintained as provided by rules adopted by the Oregon Criminal Justice Commission. [1989 c.790 §18]

 

      Note: 137.523 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 3 cases, 1995–2020 · leading case: Holcomb v. Sunderland, 894 P.2d 457 (Or. 1995).
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Holcomb v. Sunderland, 894 P.2d 457 (Or. 1995). “, ORS 137.523 (providing procedures when “the judge sentences the defendant to confinement in a county jail as a condition of probation”); ORS 138.”
State v. Hunt, 476 P.3d 530 (Or. Ct. App. 2020). “(providing that a defendant can be “confined in the county jail” as a “special condition[ ] of probation”); see also ORS 137.523 (recognizing that a judge may sentence a defen- dant to “confinement in a county jail as a condition of probation”).”
State v. Granberry, 316 P.3d 363 (Or. Ct. App. 2013). “, ORS 137.523(1) (“judge sentences the defendant to confinement in a county jail as a condition of probation”); ORS 137.”
— Or. Rev. Stat. § 137.523(1) — 1 case
State v. Granberry, 316 P.3d 363 (Or. Ct. App. 2013). “, ORS 137.523(1) (“judge sentences the defendant to confinement in a county jail as a condition of probation”); ORS 137.”
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