Beware of the Conditions of Probation in Oregon

Most people facing conviction of a crime in Oregon are worried about jail. But probation should often be a greater concern. Once you’re placed on probation, there are a number of rules you must follow. If you violate the rules and are found in violation of probation, you can actually face a similar to worse penalty than you received on the underlying criminal charge. You can read more about probation violations generally on our Oregon probation violation page. But for now, let’s talk a little about the basic rules you need to follow to avoid going straight to jail.

How Common is Probation in Oregon?

Very common. Most all defendants convicted of a misdemeanor or felony conviction in Oregon are placed on some form of probation. Nationwide, as of 2016, there were an estimated 4,537,100 adults under community supervision (probation or parole).

What are the General Conditions of Probation in Oregon?

The general conditions of probation in Oregon are set out in ORS 137.540. In Portland Oregon (which is within the Multnomah County Department of Community Justice (DCJ)), the conditions are as follows:

1. Pay supervision fees, fines, restitution or other fees ordered by the Court.
2. Not use or possess controlled substances except pursuant to a medical prescription.
3. Submit to testing of breath or urine for controlled substances or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances.
4. Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.
5. Remain in the State of Oregon until written permission to leave is granted by Adult Community Justice or a county community corrections agency. Adult under supervision automatically waives extradition if individual absconds supervision out of State.
6. If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver.
7. Change neither employment nor residence without promptly informing Adult Community Justice or a county community corrections agency.
8. Permit the probation officer to visit the probationer or the probationer’s residence or worksite, and report as required and abide by the direction of the supervising officer and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the individual. Report as required and abide by the direction of the supervising officer.
9. Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.
10. Obey all laws, municipal, county, state and federal.
11. Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.
12. Not possess weapons, firearms or dangerous animals.
13. If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465, and if recommended by the supervising officer, successfully complete a sex offense treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer.
14. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator.
15. Submit to a Risk and Needs Assessment as directed by the supervising officer.
16. Comply with any special conditions of probation that are imposed by the supervising officer in accordance with ORS 137.540(8) (“The court may order that probation be supervised by the court. If the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. Fees imposed under this subsection in the circuit court shall be deposited by the clerk of the court in the General Fund. Fees imposed in a justice court under this subsection shall be paid to the county treasurer. Fees imposed in a municipal court under this subsection shall be paid to the city treasurer.”)

What if I have a Question About My Probation in Oregon?

Your first resource is your probation officer, if you have on assigned. However, a good general rule whenever you are dealing with government officials who work in law enforcement is to either communicate with them in writing (so that there’s a record of exactly what was said), or to take very detailed notes of exactly when you spoke with them and what information was conveyed. This can help avoid disputes later when, say, that law enforcement representative makes a false accusation against you– either that you didn’t do something you were supposed to, or you did something you weren’t supposed to. If you need help with your probation, contact us to schedule a consultation at a reasonable cost.