§ 137.637 Determining length of determinate sentences

When a judge sentences someone to a fixed prison term (called a "determinate sentence"), there are actually two possible numbers that could apply. One comes from the specific law that requires or allows a fixed sentence. The other comes from the sentencing guidelines set by the Oregon Criminal Justice Commission, which uses a formula based on the crime and the person's criminal history.

This rule says the judge must use whichever number is longer. So if the law's stated sentence is 24 months but the guidelines call for 30 months, the person gets 30 months. If it's the other way around, they get the longer number from the law itself. Either way, the shorter option is never used.

In practice, this means people facing a fixed sentence should not assume they will get the exact term written in the specific criminal statute. The actual time they serve could end up being longer, based on how the guidelines calculate it for their situation.