161.737
Sentence imposed on dangerous offender as departure from sentencing guidelines. (1) A sentence imposed under ORS
161.725 and 161.735 for felonies committed on or after November 1, 1989, shall
constitute a departure from the sentencing guidelines created by rules of the
Oregon Criminal Justice Commission. The findings made to classify the defendant
as a dangerous offender under ORS 161.725 and 161.735 shall constitute
substantial and compelling reasons to depart from the presumptive sentence as
provided by rules of the Oregon Criminal Justice Commission.
(2) When the
sentence is imposed, the sentencing judge shall indicate on the record the
reasons for the departure and shall impose, in addition to the indeterminate
sentence imposed under ORS 161.725, a required incarceration term that the
offender must serve before release to post-prison supervision. If the
presumptive sentence that would have been imposed if the court had not imposed
the sentence under ORS 161.725 and 161.735 as a departure is a prison sentence,
the required incarceration term shall be no less than the presumptive
incarceration term and no more than twice the maximum presumptive incarceration
term. If the presumptive sentence for the offense is probation, the required
incarceration term shall be no less than the maximum incarceration term
provided by the rule of the Oregon Criminal Justice Commission that establishes
incarceration terms for dispositional departures and no more than twice that
amount. However, the indeterminate sentence imposed under this section and ORS
161.725 is not subject to any guideline rule establishing limitations on the
duration of departures. [1989 c.790 §77; 1993 c.334 §6]
Notes of Decisions
Cited in
40
cases (
4 in the last 5 years), 1992–2025 · leading case:
State v. Worth, 360 P.3d 536 (Or. Ct. App. 2015).
State v. Worth, 360 P.3d 536 (Or. Ct. App. 2015).
· cites it 18× “However, the 1989 legislature “integrate [d] the dangerous offender statutes into the guidelines system” by enacting ORS 161.737. Sentencing Guidelines Implementation Manual, Oregon Criminal Justice Council Commentary, 142-43 (1989); Or Laws 1989, ch 790, § 77.”
State v. Parkerson, 541 P.3d 874 (Or. 2023).
· cites it 30× “) Defendant contends that, although those provisions expressly limit the indeterminate part of the sen- tence, when read together with ORS 161.737, they also limit the maximum determinate part of the sentence.”
State v. Davis, 847 P.2d 834 (Or. 1993).
· cites it 8× “232(1) (a person sentenced as a dangerous offender “is eligible for release to post-prison supervision after having served the presumptive sentence established under ORS 161.737”). Thus, under the sentences as the judge imposed them, defendant was subject to a minimum term of…”
State v. Warren, 98 P.3d 1129 (Or. Ct. App. 2004).
· cites it 5× “725 provides, in part: “(1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if the court finds that because of the dangerousness of the defendant an extended period of confined…”
State v. Crain, 33 P.3d 1050 (Or. Ct. App. 2001).
· cites it 4× “725 to ORS 161.737. Defendant was convicted by a jury.”
State v. Davis, 830 P.2d 620 (Or. Ct. App. 1992).
· cites it 4× “735; ORS 161.737, and imposed 360 months incarceration.”
Miller v. Lampert, 125 P.3d 1260 (Or. 2006).
“725(1) (authorizing maximum indeterminate sentence of 30 years for dangerous offenders); ORS 161.737(1) and (2) (authorizing maximum determinate sentence equal to twice presumptive sentence for dangerous offenders).”
State v. Coburn, 934 P.2d 579 (Or. Ct. App. 1997).
· cites it 3× “725 to ORS 161.737, the court sentenced defendant as a dangerous offender.”
State v. Serhienko, 826 P.2d 114 (Or. Ct. App. 1992).
· cites it 2× “ORS 161.737 provides: “(1) A sentence imposed under ORS 161.”
State v. Isom, 120 P.3d 912 (Or. Ct. App. 2005).
· cites it 2× “725; ORS 161.737. Thus, a correct sentence for a dangerous offender contains both a determinate mandatory minimum term of incarceration and an indeterminate maximum term, not to exceed 30 years.”
State v. Ferman-Velasco, 971 P.2d 897 (Or. Ct. App. 1998).
· cites it 2× “725 to ORS 161.737. [19] I recognize that in some circumstances, involving explicit judicial decisions and findings, the court could impose a sentence under the guidelines that might be similar to what defendant received under Measure 11.”
State v. Eastman, 385 P.3d 1182 (Or. Ct. App. 2016).
“Defendant was sentenced as a dangerous offender under ORS 161.737 to a total aggregate sentence of 120 years’ incarceration.”
— Or. Rev. Stat. § 161.737(1) — 9 cases
State v. Davis, 847 P.2d 834 (Or. 1993).
“232(1) (a person sentenced as a dangerous offender “is eligible for release to post-prison supervision after having served the presumptive sentence established under ORS 161.737”). Thus, under the sentences as the judge imposed them, defendant was subject to a minimum term of…”
Miller v. Lampert, 125 P.3d 1260 (Or. 2006).
“725(1) (authorizing maximum indeterminate sentence of 30 years for dangerous offenders); ORS 161.737(1) and (2) (authorizing maximum determinate sentence equal to twice presumptive sentence for dangerous offenders).”
State v. Worth, 360 P.3d 536 (Or. Ct. App. 2015).
“However, the 1989 legislature “integrate [d] the dangerous offender statutes into the guidelines system” by enacting ORS 161.737. Sentencing Guidelines Implementation Manual, Oregon Criminal Justice Council Commentary, 142-43 (1989); Or Laws 1989, ch 790, § 77.”
State v. Warren, 98 P.3d 1129 (Or. Ct. App. 2004).
“725 provides, in part: “(1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if the court finds that because of the dangerousness of the defendant an extended period of confined…”
State v. Parkerson, 541 P.3d 874 (Or. 2023).
“) Defendant contends that, although those provisions expressly limit the indeterminate part of the sen- tence, when read together with ORS 161.737, they also limit the maximum determinate part of the sentence.”
— Or. Rev. Stat. § 161.737(2) — 17 cases
State v. Worth, 360 P.3d 536 (Or. Ct. App. 2015).
“However, the 1989 legislature “integrate [d] the dangerous offender statutes into the guidelines system” by enacting ORS 161.737. Sentencing Guidelines Implementation Manual, Oregon Criminal Justice Council Commentary, 142-43 (1989); Or Laws 1989, ch 790, § 77.”
State v. Parkerson, 541 P.3d 874 (Or. 2023).
“) Defendant contends that, although those provisions expressly limit the indeterminate part of the sen- tence, when read together with ORS 161.737, they also limit the maximum determinate part of the sentence.”
State v. Warren, 98 P.3d 1129 (Or. Ct. App. 2004).
“725 provides, in part: “(1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if the court finds that because of the dangerousness of the defendant an extended period of confined…”
State v. Davis, 847 P.2d 834 (Or. 1993).
“232(1) (a person sentenced as a dangerous offender “is eligible for release to post-prison supervision after having served the presumptive sentence established under ORS 161.737”). Thus, under the sentences as the judge imposed them, defendant was subject to a minimum term of…”
State v. Serhienko, 826 P.2d 114 (Or. Ct. App. 1992).
“ORS 161.737 provides: “(1) A sentence imposed under ORS 161.”
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