State v. Borders

ORS 137.540(2) grants a trial court discretion to impose any special conditions of probation “that are reasonably related to the crime of conviction or the needs of the probationer for the protection of the public or reformation of the probationer, or both”. ORS 137.540(2).

Defendant appealed the judgment of the special conditions imposed on his probation for violating ORS 811.182, driving while suspended.  Defendant assigned the first error to the imposition of the special condition regarding use or possession of alcohol. He assigns the second error to the imposition of the special condition regarding attendance of the DUII victim impact panel. On appeal, Defendant argued that the challenged special conditions of the probation do not satisfy the requirements of ORS 137.540(2). In response, the State argued that the trial court had the authority to impose these conditions because they related to the defendant's past conduct of driving under the influence of alcohol, which is what led to his license suspension. ORS 137.540(2) grants a trial court discretion to impose any special conditions of probation “that are reasonably related to the crime of conviction or the needs of the probationer for the protection of the public or reformation of the probationer, or both”. ORS 137.540(2). The Appellate Court held that there was insufficient evidence that the challenged special conditions were reasonably related to the needs of the defendant, nor did they appear to serve the probationary purposes of public protection and/or reformation of the defendant, therefore the special conditions do not meet the requirements of ORS 137.540(2). Remanded for resentencing.