Discretionary Resentencing

Oregon law provides that in certain circumstances, a criminal defendant may be re-sentenced.  If, after sentencing, a Deputy District Attorney concludes that the sentence no longer advances the interests of justice, then ORS 137.218 provides the mechanism  for the state and the defendant to jointly petition the court to dismiss the conviction and resentence the defendant to a lesser sentence for the same crime of conviction, or to sentence a person for a new crime. Below are the Benton County policies and the procedures that must be followed in order to be considered for resentencing.