Statute Text
Sentencing of juvenile offenders.
(1) A court may not impose a sentence of life imprisonment without the
possibility of release or parole on a person who was under 18 years of age at
the time of committing the offense.
(2) In
determining the appropriate sentence for a person who was under 18 years of age
at the time of committing the offense, if the court is provided information
concerning the following circumstances, or any other relevant circumstances,
the court shall consider those circumstances in imposing the sentence:
(a) The persons
age, intellectual capacity and impetuousness at the time of the offense.
(b) The persons
family and community environment, history of trauma and prior involvement in
the juvenile dependency system at the time of the offense.
(c) The persons
ability at the time of the offense to appreciate the risks and consequences of
the conduct constituting the offense.
(d) The persons
community involvement prior to the offense.
(e) Any peer or
familial pressure to which the person was subjected at the time of the offense.
(f) Whether and
to what extent an adult was involved in the commission of the offense.
(g) The persons
capacity for rehabilitation.
(h) The persons
school records and special education evaluations.
(i) Any other
mitigating factors or circumstances presented by the person.
(3)(a) If the
court is provided with a report of a mental health evaluation of the person,
the court shall give the evaluation substantial weight in imposing the sentence
if:
(A) The
evaluation was conducted by a psychiatrist or psychologist whose primary
practice involves the treatment of adolescents; and
(B) The report
includes the assessment of the persons degree of insight, judgment,
self-awareness, emotional regulation and impulse control.
(b) Paragraph (a)
of this subsection does not constitute a requirement that a person obtain or
submit an evaluation for sentencing.
(4) When
sentencing a person who was under 18 years of age at the time of committing the
offense, under no circumstances may the court consider the age of the person as
an aggravating factor.
(5) When
sentencing a person who was under 18 years of age at the time of committing an
offense to a term of imprisonment, the court shall indicate in the judgment:
(a) The age of
the person at the time of committing the offense; and
(b) That the
person is eligible for a hearing and release under ORS 144.397. [2019 c.634 §24]
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]
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