Statute Text
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.