| Oregon |
| Lower Age: | None specified |
| Upper Age: | 17 |
| Discretionary Waiver | 1997 ORS Tit. 34, Sec. 419C.340 |
| Sec. 419C.349 |
| Sec. 419C.352 |
| Sec. 419C.355 |
| Sec. 419C.358 |
| Sec. 419C.361 |
| In a case meeting statutory age/offense criteria, the juvenile court may, after a hearing, waive a child to a circuit, justice, or municipal court for prosecution as an adult if it finds (1) that the child at the time of the alleged offense was sophisticated and mature enough "to appreciate the nature and quality of the conduct involved" and (2) that, taking into consideration a number of factors specified by statute, the preponderance of the evidence indicates that retaining jurisdiction "will not serve the best interests of the youth and of society and therefore is not justified." A waiver determination must be supported by "specific, detailed, written findings of fact." No waiver is allowed in the case of a child under 15 unless the child is represented by counsel during the waiver proceedings. If a case is waived for adult prosecution, nonwaivable offenses arising out of the same act or transaction are consolidated with the waivable charge; however, if the child is convicted only of a nonwaivable offense, the case must be returned to juvenile court for disposition. |
| [Note—The law still provides that the case of a child of at least 15 accused of murder or aggravated murder is waivable, but this category has apparently been superseded by a separate statute specifically requiring that 15-year-olds accused of murder or aggravated murder be prosecuted as adults.] |
| Offense Category | Minimum Age | Offense Detail |
| Certain Felonies | 15 | Class A or B felony; escape. |
| Murder | None specified | Murder or aggravated murder. |
| Person | None | None specified—First degree rape, first degree sodomy, first degree unlawful sexual penetration. |
| 15—Third degree assault, coercion, third degree robbery. |
| Property | 15 | Second degree arson. |
| Statutory Exclusion | 1997 ORS Tit. 14, Sec. 137.707 |
| A child of at least 15 accused of any of a number of listed offenses "must be prosecuted as an adult in criminal court." When a child is charged with an excluded offense, other offenses based on the same act or transaction must be consolidated with it for trial; however, on motion of either party claiming to be prejudiced by consolidation, the court may order separate trials or other relief. |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 15 | Murder or aggravated murder, attempt or conspiracy to commit murder or aggravated murder, first or second degree manslaughter. |
| Person | 15 | First or second degree assault, first or second degree kidnapping, first or second degree rape, first or second degree sodomy, first or second degree unlawful sexual penetration, first degree sexual abuse, first or second degree robbery, first degree arson involving a threat of serious physical injury, using a child in a display of sexually explicit conduct, or compelling prostitution. |
| Reverse Waiver | 1997 ORS Tit. 14, Sec. 137.707 |
| 1997 ORS Tit. 34, Sec. 419C.361 |
| Following a discretionary waiver in juvenile court, the adult "court of waiver" must return the case to the juvenile court unless charges of an appropriate waivable offense are filed in the court of waiver. (In addition, if a waived child or a child charged with an excluded offense is only convicted of a nonwaivable offense, the adult court must return the case to the juvenile court for disposition.) |
| When a child who was originally charged with an excluded offense is convicted of a consolidated or lesser included offense that is merely waivable, the adult court must, upon motion of the district attorney, conduct a hearing to determine whether to retain sentencing jurisdiction or transfer the case to juvenile court for disposition. The court must make its determination on the basis of the same criteria as those a juvenile court uses in a discretionary waiver hearing. |
| Once an Adult, Always | 1997 ORS Tit. 34, Sec. 419C.364 |
| Sec. 419C.367 |
| Sec. 419C.355 |
| Once the juvenile court has waived a child of at least 16 to an adult court, it may also "enter a subsequent order providing that in all future cases involving the same youth, the youth shall be waived to the appropriate court without further proceedings." However, the juvenile court may vacate the order in any case and at any time, and must vacate if the child is not convicted in the waived case that occasioned the order, or if the order is not supported by "specific, detailed, written findings of fact." |