Oregon Revised Statutes Chapter 137 § 137.707 — Mandatory minimum sentences for certain juvenile offenders waived to adult

Mandatory minimum sentences for certain juvenile offenders waived to adult court; lesser included offenses; return to juvenile court. (1) When a person waived under ORS 419C.349 (1)(a) is convicted of an offense listed in subsection (4) of this section, the court shall impose at least the presumptive term of imprisonment provided for the offense in subsection (4) of this section. The court may impose a greater presumptive term if otherwise permitted by law, but may not impose a lesser term. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in the minimum sentence for any reason under ORS 421.121 or any other provision of law. The person is eligible for a hearing and conditional release under ORS 420A.203 and 420A.206. (2) ORS 138.052, 163.105 and 163.150 apply to sentencing a person prosecuted under this section and convicted of aggravated murder under ORS 163.095 except that a person who was under 18 years of age at the time the offense was committed is not subject to a sentence of death or life imprisonment without the possibility of release or parole. (3) The court shall commit the person to the legal and physical custody of the Department of Corrections. (4) The offenses to which this section applies and the presumptive sentences are: ______________________________________________________________________________ (a)(A)        Murder in the second degree, as defined in ORS 163.115.             300 months (B)             Murder in the first degree, as defined in ORS 163.107.         360 months (C)             Attempt or conspiracy to commit aggravated murder, as defined in ORS 163.095.         120 months (D)             Attempt or conspiracy to commit murder in any degree.             90 months (E)             Manslaughter in the first degree, as defined in ORS 163.118.         120 months (F)             Manslaughter in the second degree, as defined in ORS 163.125.         75 months (G)             Assault in the first degree, as defined in ORS 163.185.         90 months (H)             Assault in the second degree, as defined in ORS 163.175.         70 months (I)              Kidnapping in the first degree, as defined in ORS 163.235.             90 months (J)              Kidnapping in the second degree, as defined in ORS 163.225.             70 months (K)             Rape in the first degree, as defined in ORS 163.375.    100 months (L)             Rape in the second degree, as defined in ORS 163.365.             75 months (M)            Sodomy in the first degree, as defined in ORS 163.405.             100 months (N)             Sodomy in the second degree, as defined in ORS 163.395.             75 months (O)             Unlawful sexual penetration in the first degree, as defined in ORS 163.411.         100 months (P)             Unlawful sexual penetration in the second degree, as defined in ORS 163.408.        75 months (Q)             Sexual abuse in the first degree, as defined in ORS 163.427.             75 months (R)             Robbery in the first degree, as defined in ORS 164.415.             90 months (S)             Robbery in the second degree, as defined in ORS 164.405.             70 months (b)(A)        Arson in the first degree, as defined in ORS 164.325, when the offense represented a threat of serious physical injury.            90 months (B)             Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.             70 months (C)             Compelling prostitution, as defined in ORS 167.017 (1)(a), (b) or (d).         70 months (c)              Aggravated vehicular homicide, as defined in ORS 163.149.             240 months ______________________________________________________________________________ (5) If a person charged with an offense under this section is found guilty of a lesser included offense and the lesser included offense is: (a) An offense listed in subsection (4) of this section, the court shall sentence the person as provided in subsections (1) and (2) of this section. (b) Not an offense listed in subsection (4) of this section: (A) But constitutes an offense for which waiver is authorized under ORS 419C.349 (1)(b), the court, upon motion of the district attorney, shall hold a hearing to determine whether to retain jurisdiction or to transfer the case to juvenile court for disposition. In determining whether to retain jurisdiction, the court shall consider the criteria for waiver in ORS 419C.349. If the court retains jurisdiction, the court shall sentence the person as an adult under sentencing guidelines. If the court does not retain jurisdiction, the court shall: (i) Order that a presentence report be prepared; (ii) Set forth in a memorandum any observations and recommendation