Or. Admin. R. 213-004-0006 - Criminal History Scale
(1) The
Criminal History Scale includes nine mutually exclusive categories used to
classify an offender's criminal history according to the extent and nature of
the offender's criminal history at the time the current crime or crimes of
conviction is sentenced. The nine categories in the scale are labeled
alphabetically and are arranged in order of seriousness from the most serious
(Criminal History Category A) to the least serious (Criminal History Category
I).
(2) An offender's criminal
history is based upon the number of adult felony and Class A misdemeanor
convictions and juvenile adjudications in the offender's criminal history at
the time the current crime or crimes of conviction are sentenced. For crimes
committed on or after November 1, 1989 a conviction is considered to have
occurred upon the pronouncement of sentence in open court. For crimes committed
prior to November 1, 1989 a conviction is considered to have occurred upon
pronouncement in open court of a sentence, or upon the pronouncement in open
court of the suspended imposition of a sentence. Prior adult convictions or
juvenile adjudications which have been expunged shall not be considered when
classifying an offender's criminal history. Prior findings of "guilty except
for insanity" shall not be considered when classifying an offender's criminal
history.
(3) Whether a prior
offense should be classified as a misdemeanor conviction or a felony conviction
for criminal history purposes shall be determined by the classification of the
offense at the time of conviction as announced by the sentencing judge rather
than by the sentence imposed for the crime.
Notes
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
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