137.530
Investigation and report of parole and probation officers; statement of victim. (1) Parole and probation officers,
when directed by the court, shall fully investigate and report to the court in
writing on the circumstances of the offense, criminal record, social history
and present condition and environment of any defendant. Unless the court
directs otherwise in individual cases, a defendant may not be sentenced to
probation until the report of the investigation has been presented to and
considered by the court.
(2) Whenever a
presentence report is made, the preparer of the report shall make a reasonable
effort to contact the victim and obtain a statement describing the effect of
the defendant’s offense upon the victim. If the victim is under 18 years of
age, the preparer shall obtain the consent of the victim’s parent or guardian
before contacting the victim. The preparer of the report shall include the
statement of the victim in the presentence investigation report. If the
preparer is unable to contact the victim or if the victim declines to make a
statement, the preparer shall report that the preparer was unable to contact
the victim after making reasonable efforts to do so, or, if contact was made
with the victim, that the victim declined to make a statement for purposes of
this section. Before taking a statement from the victim, the preparer of the
report shall inform the victim that the statement will be made available to the
defendant and the defendant’s attorney prior to sentencing as required under
ORS 137.079.
(3) Whenever
desirable, and facilities exist for conducting physical and mental
examinations, the investigation shall include physical and mental examinations
of such defendants.
(4) As used in
this section, “victim” means the person or persons who have suffered financial,
social, psychological or physical harm as a result of an offense, and includes,
in the case of any homicide or abuse of corpse in any degree, an appropriate
member of the immediate family of the decedent. [Amended by 1983 c.723 §1; 1993
c.14 §10; 1993 c.294 §4; 2005 c.264 §2]
Notes of Decisions
State Ex Rel. Russell v. Jones, 647 P.2d 904 (Or. 1982).
· cites it 14× “Today, ORS 137.530 provides an alternative method of gathering such information.”
State v. Guzek, 906 P.2d 272 (Or. 1995).
· cites it 2× “ORS 137.530(2) (1985) provided in part: "Whenever a presentence report is made, the preparer of the report shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim.”
Buchea v. Sullivan, 497 P.2d 1169 (Or. 1972).
· cites it 6× “The court may consider the report of presentence investigation conducted by probation officers pursuant to ORS 137.530. [ [4] ] A *1171 copy of such report may be made available to counsel for the defendant and the state a reasonable time before pronouncement of sentence.”
State v. Lipsky, 608 P.2d 1241 (Utah 1980).
· cites it 3× “The court stated: It is obvious that the later statute, ORS 137.530, amended by implication ORS 137.”
State v. Scott, 390 P.2d 328 (Or. 1964).
· cites it 4× “” *397 In 1931 the Oregon Legislature provided for probation, the appointment of probation officers, and directed: ORS 137.530: “Probation officers, when directed by the court, shall fully investigate and report to the court in writing on the circumstances of the offense,…”
State v. Culbertson, 563 P.2d 1224 (Or. Ct. App. 1977).
“630 provides in pertinent part: "The duties of probation officers shall be: "(1) To make such investigations and reports under ORS 137.530 as are required by the judge of any court having jurisdiction within the county, city or judicial district for which the officer is…”
State v. Shirley, 465 P.2d 743 (Or. Ct. App. 1970).
· cites it 3× “090, as [¿mended in 1965, allows the court to consider á preséhtence report prepared pursuant to ORS 137.530 in. addition to matters heard under ORS 137.”
State v. Torres, 48 P.3d 170 (Or. Ct. App. 2002).
“” 3 ORS 137.530(1) provides that a presentence report shall contain the circumstances of the offense, criminal record, social history and present condition and environment of the defendant and that it should also contain, when possible, a statement from the victim describing the…”
Do Mun Kim v. Multnomah Cnty., 970 P.2d 631 (Or. 1998).
“630 provide as follows: “(1) The duties of probation officers * * * shall be: “(a) To make such investigations and reports under ORS 137.530 as are required by the judge of any court * * * [in] which the officer is appointed to serve.”
FOPPO v. Washington Cnty., 920 P.2d 1141 (Or. Ct. App. 1996).
“560 shall be: "(a) To make such investigations and report under ORS 137.530 as are required by the judge of any court having jurisdiction within the county, city or judicial district for which the officer is appointed to serve.”
State v. Brown, 606 P.2d 678 (Or. Ct. App. 1980).
“The court may consider the report of presentence investigation conducted by probation officers pursuant to ORS 137.530 or any other person designated by the court.”
State v. Collins, 602 P.2d 1081 (Or. Ct. App. 1979).
“This section provides in pertinent part as follows: "The circumstances which are alleged to justify aggravation or mitigation of punishment shall be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to…”
— Or. Rev. Stat. § 137.530(1) — 1 case
State v. Torres, 48 P.3d 170 (Or. Ct. App. 2002).
“” 3 ORS 137.530(1) provides that a presentence report shall contain the circumstances of the offense, criminal record, social history and present condition and environment of the defendant and that it should also contain, when possible, a statement from the victim describing the…”
— Or. Rev. Stat. § 137.530(2) — 2 cases
State v. Guzek, 906 P.2d 272 (Or. 1995).
“ORS 137.530(2) (1985) provided in part: "Whenever a presentence report is made, the preparer of the report shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim.”
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