161.620
Sentences imposed upon waiver.
Notwithstanding any other provision of law, a sentence imposed upon any person
waived under ORS 419C.349, 419C.352, 419C.364 or 419C.370 shall not include any
sentence of death or life imprisonment without the possibility of release or
parole nor imposition of any mandatory minimum sentence except that a mandatory
minimum sentence under:
(1) ORS 137.707
shall be imposed, except as provided in ORS 137.712;
(2) ORS 163.105
(1)(c) shall be imposed; and
(3) ORS 161.610
may be imposed. [1985 c.631 §9; 1989 c.720 §3; 1993 c.33 §306; 1993 c.546 §119;
1995 c.422 §131y; 1999 c.951 §2; 2019 c.634 §8]
Note: 161.620 was added to and made a
part of ORS 161.615 to 161.685 by legislative action but was not added to any
smaller series in that series. See Preface to Oregon Revised Statutes for
further explanation.
Notes of Decisions
State Ex Rel. Engweiler v. Felton (2011)
or · cites it 68×
“He was tried as an adult, and, on his conviction, the trial court imposed a life sentence with a 30-year mandatory minimum term of imprisonment under ORS 163.”
Engweiler v. Board of Parole & Post-Prison Supervision (2007)
or · cites it 25×
“Finally, the death penalty enactments included a statute that was new: ORS 161.620. Or Laws 1985, ch 631, § 9. That statute prohibited a trial court from imposing a death sentence or mandatory minimum sentence on any remanded juvenile, but it made an exception for the mandatory…”
Roper v. Simmons (2005)
scotus · cites it 2×
“02 (A) (Lexis 2003) Oregon Ore. Rev. Stat. §§ 161.620, 137.707(2) (2003) South Dakota S.”
Burdge v. Palmateer (2005)
or · cites it 8×
“Although ORS 161.620 provided, in part, that "a sentence imposed upon any person remanded from the juvenile court * * * shall not include * * * imposition of any mandatory minimum sentence * * *," petitioner's lawyer did not raise the issue.”
State Ex Rel. Engweiler v. Powers (2009)
orctapp · cites it 17×
“This court concluded that ORS 161.620 (1989) prohibited the imposition of mandatory minimum sentences on offenders remanded from juvenile court.”
Wells v. Peterson (1992)
orctapp · cites it 32×
“In this post-conviction proceeding, petitioner claims that his trial counsel was ineffective and that, in any event, his minimum sentences were not authorized by law.”
State v. Godines (2010)
orctapp · cites it 12×
“700 provided, in part: “(1) When a person is convicted of one of the offenses listed in subsection (2)(a) of this section, * * * the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section.”
State v. Jones (1992)
or · cites it 15×
“This case presents the issue of what the words ‘ ‘mandatory minimum sentence” in ORS 161.620 mean. That statute prohibits the imposition of “mandatory minimum sentence[s]” on persons who are 15 through 17 years of age at the time of the offenses for which they are being…”
Criminal Justice Reform Clinic v. Board of Parole (2021)
orctapp · cites it 10×
“Petitioner contends that the rules violate the Eighth Amendment to the United States Constitution, the ex post facto provisions of the state and federal constitutions, and ORS 161.620. Held: OAR 255-032-0005(4) and (5) are valid.”
State v. Jones (1991)
orctapp · cites it 22×
“ORS 161.620. At the age of 17, defendant was remanded to circuit court, ORS 419.”
Thompson v. Oklahoma (1988)
scotus · cites it 2×
“02 (A) (1984)) (age 18); Oregon (Ore. Rev. Stat. §§ 161.620, 419.476(1) (1987)) (age 18); Tennessee ( Tenn.”
— Or. Rev. Stat. § 161.620(1) — 1 case
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