Oregon Revised Statutes Chapter 137 § 137.540 — Conditions of probation; evaluation and treatment; effect of failure to abide
Oregon Revised Statutes Chapter 137 ·
Oregon Code § 137.540·Enacted ·Last updated March 01, 2026
Statute Text
Conditions of probation; evaluation and treatment; effect of failure to abide
by conditions; modification.
(1) The court may sentence the defendant to probation subject to the following
general conditions unless specifically deleted by the court. The probationer
shall:
(a) Pay fines,
restitution or fees ordered by the court.
(b) Submit to
testing for controlled substance, cannabis or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
(c) Participate
in a substance abuse evaluation as directed by the supervising officer and
follow the recommendations of the evaluator if there are reasonable grounds to
believe there is a history of substance abuse.
(d) Remain in the
State of Oregon until written permission to leave is granted by the Department
of Corrections or a county community corrections agency.
(e) Not change
residence without prior permission from the Department of Corrections or a
county community corrections agency and inform the parole and probation officer
of any change in employment.
(f) Permit the
parole and probation officer to visit the probationer or the probationers work
site or residence and to conduct a walk-through of the common areas and of the
rooms in the residence occupied by or under the control of the probationer.
(g) Consent to
the search of person, vehicle or premises upon the request of a representative
of the supervising officer if the supervising officer has reasonable grounds to
believe that evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the Department of
Corrections or a county community corrections agency for supervision purposes.
(h) Obey all
laws, municipal, county, state and federal, and in circumstances in which state
and federal law conflict, obey state law.
(i) Promptly and
truthfully answer all reasonable inquiries by the Department of Corrections or
a county community corrections agency.
(j) Not possess
weapons, firearms or dangerous animals.
(k) Report as
required and abide by the direction of the supervising officer.
(L) If
recommended by the supervising officer, successfully complete a sex offender
treatment program approved by the supervising officer and submit to polygraph
examinations at the direction of the supervising officer if the probationer:
(A) Is under
supervision for a sex crime as defined in ORS 163A.005 or harassment under ORS
166.065 (4)(a)(A);
(B) Was
previously convicted of a sex crime as defined in ORS 163A.005; or
(C) Was
previously convicted in another jurisdiction of an offense that would
constitute a sex crime as defined in ORS 163A.005 if committed in this state.
(m) Participate
in a mental health evaluation as directed by the supervising officer and follow
the recommendation of the evaluator.
(n) If required
to report as a sex offender under ORS 163A.015, report with the Department of
State Police, a city police department, a county sheriffs office or the
supervising agency:
(A) When
supervision begins;
(B) Within 10
days of a change in residence;
(C) Once each
year within 10 days of the probationers date of birth;
(D) Within 10
days of the first day the person works at, carries on a vocation at or attends
an institution of higher education; and
(E) Within 10
days of a change in work, vocation or attendance status at an institution of
higher education.
(o) Submit to a
risk and needs assessment as directed by the supervising officer and follow
reasonable recommendations resulting from the assessment.
(2) In addition
to the general conditions, the court may impose any special conditions of
probation that are reasonably related to the crime of conviction or the needs
of the probationer for the protection of the public or reformation of the
probationer, or both, including, but not limited to, that the probationer
shall:
(a) For crimes
committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jail or be restricted to the
probationers own residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement or
restriction or combination thereof to be for a period not to exceed one year or
one-half of the maximum period of confinement that could be imposed for the
offense for which the defendant is convicted, whichever is the lesser.
(b) For felonies
committed on or after November 1, 1989:
(A) Be confined
in the county jail, or be subject to other custodial sanctions under community
supervision, or both, as provided by rules of the Oregon Criminal Justice
Commission; and
(B) Comply with
any special conditions of probation that are imposed by the supervising officer
in accordance with subsection (9) of this section.
(c) For crimes
committed on or after December 5, 1996, sell any assets
Plain English Explanation
This Oregon statute addresses Conditions of probation; evaluation and treatment; effect of failure to abide
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 137.540
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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