Probation

Bench Probation vs. Formal Probation

Bench Probation

You will remain under the jurisdiction of the Court for the length of probation. Failure to comply with the Conditions of Probation, may result in a warrant for your arrest. You could be sentenced to the maximum term in jail if you fail to comply with your probation. Any evaluation, counseling, or testing ordered by the Court will be at your own expense.

General Conditions of Bench Probation

1. Pay supervision fee, fines, restitution, or other fees ordered by the Court.
2. Remain in the State of Oregon until written permission to leave is granted by the probation officer or the Court.
3. 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.
4. Change neither employment nor residence without prior permission from the Court.
5. Obey all municipal, county, state, and federal laws.
6. Promptly and truthfully answer all reasonable inquiries by the Court.

Formal Probation

You are ordered to report immediately to the Intake Officer with Clackamas County. If the office is closed, you must report back to the office in person on the next business day.

Failure to report, obey court orders or rules and regulations of Intake Officer will result in your case being returned to the Court for further action and possibly a warrant for your arrest. Any evaluation, counseling or testing ordered by the Court or required by your probation officer will be at your own expense. A monthly probation fee is one of the conditions of probation, unless it is waived by the Court or by the probation officer.

General Conditions of Formal Probation

1. Pay supervision fee, fines, restitution, or other fees ordered by the Court.
2. Do not use or possess controlled substances except pursuant to a medical prescription.
3. Submit to testing of breath or urine for controlled substance or alcohol, if the probationer has a history of substance abuse or if there are reasonable suspicions that the probationer has illegally used controlled substances.
4. Participate in a substance abuse evaluation as directed by the supervising officer or the Court 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 the probation officer or the Court.
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 prior permission from the probation officer or the Court.
8. Permit the probation officer to visit the probationer or the probationer’s residence or work site, and 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 as set forth in ORS 137.540(1)(I).
10. Obey all municipal, county, state, and federal laws.
11. Promptly and truthfully answer all reasonable inquiries by the probation officer or the Court.
12. Do 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 or the equivalent city ordinance, the provision of ORS 137.540(1)(m) applies as a condition of probation.
14. Participate in a mental health evaluation as directed by the supervising officer and follow the recommendations of the evaluator.