Art. I §44 | TERM OF IMPRISONMENT IMPOSED BY COURT TO BE FULLY SERVED; EXCEPTIONS
(1)
(a) A term of imprisonment imposed by a judge in open court may not be set aside or otherwise not carried out, except as authorized by the sentencing court or through the subsequent exercise of:
(A) The power of the Governor to grant reprieves, commutations and pardons; or
(B) Judicial authority to grantappellate or post-conviction relief.
(b) No law shall limit a court's authority to sentence a criminal defendant consecutively for crimes against different victims.
(2) This section applies to all offenses committed on or after the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceedings at any point after the case is commenced or on appeal.
(3) As used in this section, "victim" means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.
Notes
Note: See notes under section 42 of this Article.
Congratulations! You're now booked up on Article I Section 44 of the Oregon Constitution!
