161.665 Costs. (1) Except as provided in ORS
151.505, the court, only in the case of a defendant for whom it enters a
judgment of conviction, may include in its sentence thereunder a money award
for all costs specially incurred by the state in prosecuting the defendant.
Costs include a reasonable attorney fee for counsel appointed pursuant to ORS
135.045 or 135.050 and a reasonable amount for fees and expenses incurred
pursuant to preauthorization under ORS 135.055. A reasonable attorney fee is
presumed to be a reasonable number of hours at the hourly rate authorized by
the Oregon Public Defense Commission under ORS 151.216. Costs do not include
expenses inherent in providing a constitutionally guaranteed jury trial or
expenditures in connection with the maintenance and operation of government
agencies that must be made by the public irrespective of specific violations of
law.
(2) Except as
provided in ORS 151.505, the court, after the conclusion of an appeal of its
initial judgment of conviction, may include in its general judgment, or enter a
supplemental judgment that includes, a money award that requires a convicted
defendant to pay a reasonable attorney fee for counsel appointed pursuant to
ORS 138.500, including counsel who is appointed under ORS 151.216 or counsel
who is under contract to provide services for the proceeding under ORS 151.219,
and other costs and expenses allowed by the executive director of the Oregon
Public Defense Commission under ORS 138.500 (4). A reasonable attorney fee is
presumed to be a reasonable number of hours at the hourly rate authorized by
the commission under ORS 151.216.
(3) For purposes
of subsections (1) and (2) of this section, compensation of counsel is
determined by reference to a schedule of compensation established by the
commission under ORS 151.216.
(4) The court may
not sentence a defendant to pay costs under this section unless the defendant
is or may be able to pay them. In determining the amount and method of payment
of costs, the court shall take account of the financial resources of the defendant
and the nature of the burden that payment of costs will impose.
(5) A defendant
who has been sentenced to pay costs under this section and who is not in
contumacious default in the payment of costs may at any time petition the court
that sentenced the defendant for remission of the payment of costs or of any
unpaid portion of costs. If it appears to the satisfaction of the court that
payment of the amount due will impose manifest hardship on the defendant or the
immediate family of the defendant, the court may enter a supplemental judgment
that remits all or part of the amount due in costs, or modifies the method of
payment under ORS 161.675.
(6) Except as
provided in subsection (7) of this section, all moneys collected or paid under
this section shall be paid into the Criminal Fine Account.
(7) The court
may, in the judgment of conviction, include a money award requiring the
defendant to pay the costs of extraditing the defendant to this state. Any
amounts awarded to the state under this subsection must be listed separately in
the money award portion of the judgment. All moneys collected or paid under
this subsection shall be deposited into the Arrest and Return Account
established by ORS 133.865. [1971 c.743 §80; 1981 s.s. c.3 §120; 1983 c.763 §12;
1985 c.710 §3; 1987 c.803 §26; 1989 c.1053 §11; 1991 c.460 §12; 1991 c.840 §1;
1997 c.761 §1; 2001 c.962 §§41,113; 2003 c.449 §29; 2003 c.576 §§247,248; 2003
c.615 §2; 2011 c.597 §44; 2015 c.198 §2; 2023 c.281 §44]
Notes of Decisions
State v. Ferman-Velasco (2002)
or · cites it 32×
“602(1) and ORS 161.665(1) — to support their conflicting contentions respecting the trial court’s order.”
State v. Pendergrapht (2012)
orctapp · cites it 11×
“505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record.”
State v. Fuller (1973)
orctapp · cites it 29×
“The sole question in this appeal which merits discussion is whether a sentencing court has authority to include among the conditions of probation the requirement that a defendant repay attorney fees and investigator fees that the county expended on his behalf because he was…”
State v. Morales (2020)
or · cites it 16×
“265 and ORS 161.665. When a criminal defendant is not conditionally released or released on per- sonal recognizance, the judge “shall set a security amount that will reasonably assure the defendant’s appearance” at future court proceedings in the case.”
Fuller v. Oregon (1974)
scotus · cites it 12×
“Ore. Rev. Stat. § 161.665 (1). Second, a court may not order a convicted person to pay these expenses unless he "is or will be able to pay them.”
State v. Dunham (2024)
orctapp · cites it 26×
“And, indeed, the existence of that safety valve has been instrumental in upholding the consti- tutionality of ORS 161.665 as a whole. The United States Supreme Court summarized the operation of ORS 161.”
State v. Coverstone (2014)
orctapp · cites it 3×
“505 and ORS 161.665 were amended in 2011, see Or Laws 2011, ch 597, §§ 43, 44.”
State v. Mickow (2016)
orctapp · cites it 5×
“505 and ORS 161.665. To invoke that authority, the trial court must make a predicate determination that a criminal defendant “is or may be able to pay” the fees.”
State v. Gile (1999)
orctapp · cites it 12×
“” ORS 161.665 affords the court discretion to impose costs in a “judgment of conviction.”
State v. Mann (2023)
orctapp · cites it 8×
“Defendant, seizing on that relationship between law enforcement and abuse assessment centers, argues that a separate statute, ORS 161.665, prohibits the recovery of the cost of a child abuse assessment.”
State v. Ferman-Velasco (1998)
orctapp · cites it 10×
“" At trial, three witnesses testified for the prosecution, only one of which was a police officer.”
State v. Robinson (2006)
kan · cites it 2×
“5 (citing Ore. Rev. Stat. § 161.665(3), (4) [1971]).”
— Or. Rev. Stat. § 161.665(1) — 36 cases
State v. Ferman-Velasco (2002)
or
“602(1) and ORS 161.665(1) — to support their conflicting contentions respecting the trial court’s order.”
State v. Gile (1999)
orctapp
“” ORS 161.665 affords the court discretion to impose costs in a “judgment of conviction.”
State v. Ferman-Velasco (1998)
orctapp
“" At trial, three witnesses testified for the prosecution, only one of which was a police officer.”
State v. Morales (2020)
or
“265 and ORS 161.665. When a criminal defendant is not conditionally released or released on per- sonal recognizance, the judge “shall set a security amount that will reasonably assure the defendant’s appearance” at future court proceedings in the case.”
— Or. Rev. Stat. § 161.665(2) — 16 cases
State v. Fuller (1973)
orctapp
“The sole question in this appeal which merits discussion is whether a sentencing court has authority to include among the conditions of probation the requirement that a defendant repay attorney fees and investigator fees that the county expended on his behalf because he was…”
— Or. Rev. Stat. § 161.665(3) — 35 cases
State v. Fuller (1973)
orctapp
“The sole question in this appeal which merits discussion is whether a sentencing court has authority to include among the conditions of probation the requirement that a defendant repay attorney fees and investigator fees that the county expended on his behalf because he was…”
State v. Pendergrapht (2012)
orctapp
“505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record.”
— Or. Rev. Stat. § 161.665(4) — 132 cases
State v. Morales (2020)
or
“265 and ORS 161.665. When a criminal defendant is not conditionally released or released on per- sonal recognizance, the judge “shall set a security amount that will reasonably assure the defendant’s appearance” at future court proceedings in the case.”
State v. Pendergrapht (2012)
orctapp
“505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record.”
State v. Coverstone (2014)
orctapp
“505 and ORS 161.665 were amended in 2011, see Or Laws 2011, ch 597, §§ 43, 44.”
State v. Fuller (1973)
orctapp
“The sole question in this appeal which merits discussion is whether a sentencing court has authority to include among the conditions of probation the requirement that a defendant repay attorney fees and investigator fees that the county expended on his behalf because he was…”
— Or. Rev. Stat. § 161.665(5) — 3 cases
State v. Dunham (2024)
orctapp
“And, indeed, the existence of that safety valve has been instrumental in upholding the consti- tutionality of ORS 161.665 as a whole. The United States Supreme Court summarized the operation of ORS 161.”
— Or. Rev. Stat. § 161.665(7) — 3 cases
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