137.705
Definitions; adult prosecution of certain juvenile offenders. (1)(a) As used in this section and
ORS 137.707:
(A) “Charged”
means the filing of an accusatory instrument in a court of criminal
jurisdiction.
(B) “Detention
facility” has the meaning given that term in ORS 419A.004.
(C) “Prosecuted”
includes pretrial and trial procedures, requirements and limitations provided
for in criminal cases.
(b) Unless
otherwise provided in ORS 137.707, ORS chapters 137 and 138 apply to
proceedings under ORS 137.707.
(2)(a) If the
juvenile court enters an order of waiver under ORS 419C.349 (1)(a), the person
waived may be charged with the commission of an offense listed in ORS 137.707
and may be prosecuted as an adult. The person may be detained in custody only
in a detention facility, unless the person is 16 or 17 years of age and the
director of the county juvenile department and the sheriff agree to detain the
person in a jail or other place where adults are detained. A person detained in
accordance with this paragraph is subject to release on the same terms and
conditions as for adults.
(b) If a person
waived under ORS 419C.349 (1)(a) is under 16 years of age, the person may not
be detained before conviction, or after conviction but before execution of the
sentence, in a jail or other place where adults are detained. [1995 c.422 §48;
2011 c.122 §1; 2019 c.634 §4]
Note: Section 32, chapter 634, Oregon
Laws 2019, provides:
Sec. 32. (1) Sections 24 [161.740] and 25
[144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071,
137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105,
163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005,
419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011,
420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019 [163.107], by
sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a,
chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January
1, 2020.
(2)
Notwithstanding subsection (1) of this section, sections 24 and 25, chapter
634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705,
137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155,
163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346,
419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203
and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29,
chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019,
do not apply to persons who were originally sentenced before January 1, 2020,
and who are subsequently resentenced on or after January 1, 2020, as the result
of an appellate decision or a post-conviction relief proceeding or for any
other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]
Note: See second note under 137.700.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1997–2021 · leading case:
State v. Gaige, 468 P.3d 532 (Or. Ct. App. 2020).
State v. Gaige, 468 P.3d 532 (Or. Ct. App. 2020).
· cites it 3× “707 and ORS 137.705 are to the 2015 versions of those statutes, which were in effect at the time of defendant’s crimes.”
State Ex Rel. Caleb v. Beesley, 949 P.2d 724 (Or. 1997).
“700 is the general statute that embodies the provisions in Measure 11; ORS 137.705 and 137.707 are the statutes that specifically govern the procedure for imposing a Measure 11 minimum sentence on any defendant who was 15, 16, or 17 year’s old when he or she committed the listed…”
State v. Acker, 27 P.3d 1071 (Or. Ct. App. 2001).
· cites it 5× “” ORS 137.705 includes other provisions concerning the prosecution of persons 15, 16 and 17 years of age for *152 Measure 11 crimes, such as requiring 16 and 17 year olds charged under ORS 137.”
State v. Smith, 482 P.3d 174 (Or. Ct. App. 2021).
· cites it 5× “As a result, we do not need to reach defendant’s third and 1 Throughout the remainder of this opinion, all references to ORS 137.705 and ORS 137.707 are to the 2015 version, which was in effect at the time of the events at issue in this case.”
Farmers Ins. v. Jeske, 971 P.2d 422 (Or. Ct. App. 1998).
“315(1); and be prosecuted and sentenced as an adult for certain criminal offenses, ORS 137.705(2)(a).”
— Or. Rev. Stat. § 137.705(2) — 1 case
State v. Smith, 482 P.3d 174 (Or. Ct. App. 2021).
“As a result, we do not need to reach defendant’s third and 1 Throughout the remainder of this opinion, all references to ORS 137.705 and ORS 137.707 are to the 2015 version, which was in effect at the time of the events at issue in this case.”
— Or. Rev. Stat. § 137.705(2)(a) — 1 case
Farmers Ins. v. Jeske, 971 P.2d 422 (Or. Ct. App. 1998).
“315(1); and be prosecuted and sentenced as an adult for certain criminal offenses, ORS 137.705(2)(a).”
— Or. Rev. Stat. § 137.705(2)(c) — 2 cases
State v. Gaige, 468 P.3d 532 (Or. Ct. App. 2020).
“707 and ORS 137.705 are to the 2015 versions of those statutes, which were in effect at the time of defendant’s crimes.”
State v. Smith, 482 P.3d 174 (Or. Ct. App. 2021).
“As a result, we do not need to reach defendant’s third and 1 Throughout the remainder of this opinion, all references to ORS 137.705 and ORS 137.707 are to the 2015 version, which was in effect at the time of the events at issue in this case.”
— Or. Rev. Stat. § 137.705(3)(c) — 1 case
State v. Acker, 27 P.3d 1071 (Or. Ct. App. 2001).
“” ORS 137.705 includes other provisions concerning the prosecution of persons 15, 16 and 17 years of age for *152 Measure 11 crimes, such as requiring 16 and 17 year olds charged under ORS 137.”
— Or. Rev. Stat. § 137.705(l)(a)(B) — 1 case
State v. Acker, 27 P.3d 1071 (Or. Ct. App. 2001).
“” ORS 137.705 includes other provisions concerning the prosecution of persons 15, 16 and 17 years of age for *152 Measure 11 crimes, such as requiring 16 and 17 year olds charged under ORS 137.”
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.