Oregon law sets court rules and criminal offense thresholds

The law provides a court process for reviewing certain releases caused by sentence errors. The process covers people the Department of Corrections or the state determines were released because of a material error in sentence calculation or legal interpretation. The Department of Corrections must petition the court when it makes the specified determination; the state may also petition. A petition must explain the claimed error and legal basis and include an affidavit or declaration. The court may order detention before a hearing only after finding probable cause and clear and convincing evidence that detention is needed for public safety. The court may order return to custody only if clear and convincing evidence shows the person has more than 30 days left to serve. No petition may be filed after the person completes or is discharged from post-prison supervision. This process applies to people determined to have been released for a sentence error on or after July 10, 2025.

The law sets rules for proving a claim that a conviction came from a nonunanimous jury verdict. These rules cover petitions claiming that a criminal conviction resulted from a nonunanimous jury verdict. The person must prove the verdict was nonunanimous by a preponderance of the evidence, meaning more likely than not. Evidence is limited to a verdict form, written jury poll, or trial recording or transcript. If a recording or transcript is unclear about a jury poll, the court may privately review related files and consider credible evidence in them. A person cannot file under this process if they previously filed a petition on the same ground. If relief is granted, the court must set aside the conviction or grant other relief agreed to by the parties. A petition under this process must be filed no later than 120 days after the Act’s effective date.

The law sets dollar amounts used to classify some theft and property damage offenses. These amounts cover theft and criminal mischief involving property value or damage. The theft amounts apply to a single or combined transaction. Theft can be first-degree theft at any value in specified circumstances, including theft of a firearm or livestock, or conduct creating a substantial risk of serious physical injury. The property damage thresholds apply to criminal mischief offenses described in the law. These thresholds apply to offenses occurring on or after January 1, 2027.

The law classifies fleeing or trying to elude police based on whether a person flees in a vehicle or gets out and flees. The offense applies on premises open to the public when a person knowingly flees after a qualifying police signal to stop. The officer must be in uniform and display a badge or use a marked police vehicle when signaling the person to stop. Knowingly fleeing in the vehicle is a Class C felony; getting out and fleeing is a Class A misdemeanor. Prior qualifying convictions within 10 years and resulting injuries affect the felony sentencing category. These rules apply to offenses occurring on or after January 1, 2027.

The law sets procedures for recalculating sentence credits and notifying people when a recalculation changes a projected release date. These provisions concern Department of Corrections sentence calculations for people sentenced to prison. Unless a court expressly orders otherwise, the Department of Corrections may not credit more time in custody before sentencing than the person actually served on that case. For a recalculation made more than 140 days after commitment that changes the projected release date, the department must notify the court, prosecutor, defendant, and trial lawyer before release and explain how to challenge the recalculation. The recalculation notice rules apply to sentence computations or recomputations on or after the Act’s effective date; the credit rules apply to sentences imposed on or after that date.