justicedao/ipfs_state_laws huggingface dataset:
291-097-0295 AICs With Indeterminate Sentences of Thirty-Six Months or Less (1) The functional unit manager may recommend to the Board of Parole and Post-Prison Supervision that an AIC's parole release date be reset to an earlier date in those cases where the AIC has received a parole release date set from the Board of Parole and Post-Prison Supervision of 36 months or less, if: (a) The AIC has been incarcerated in a Department of Corrections facility for at least six months; and (b) The AIC's performance in two areas, the case plan and institution conduct, as set forth in the criteria for calculation and application of earned time credits in OAR 291-097‑0240 warrants a positive recommendation. (2) AICs serving a term of incarceration in a Department of Corrections facility as a sanction for violation of parole or post-prison supervision are ineligible for consideration for a positive recommendation. (3) AICs sentenced to a minimum term of incarceration pursuant to ORS 144.110 (judicial minimum) or 161.610 (gun minimum), are ineligible for consideration for a positive recommendation, until such minimum incarceration term has been served. (4) AICs serving an enhanced sentence pursuant to ORS 161.725 and 161.735 (dangerous offender), or pursuant to ORS 426.675 (sexually dangerous person), are ineligible for consideration for a positive recommendation. (5) At the end of the review period, based upon six-months increments beginning with the AIC’s admission date, a counselor will evaluate the AIC's eligibility, consistent with OAR 291-097-0240, for a positive recommendation based on the criteria set forth above. Based upon the AIC's performance, the counselor will recommend to the functional unit manager or designee that the AIC be considered by the Board of Parole and Post-Prison Supervision for a 0, 10 or 20 percent reduction in the prison term set by the Board, and a corresponding parole release date. (6) The functional unit manager or designee will review the recommendation of the counselor, approve/deny or otherwise modify the recommendation, and send the determination to the Board of Parole and Post-Prison Supervision on an action sheet for the Board's consideration. Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075 History: DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021 Renumbered from 291-097-0120 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0120 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 DOC 2-2009, f. & cert. ef. 3-10-09 DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09 DOC 18-2001, f. & cert. ef. 10-12-01 CD 11-1996, f. 8-27-96, cert. ef. 9-1-96 CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
291-097-0300 Extension of Parole Release Date (Recommendations) The Department of Corrections may recommend to the Board of Parole and Post-Prison Supervision that an AIC's parole release date be reset to a later date as a result of a disciplinary action, as follows: (1) The AIC is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the AIC's right to a hearing, and the final disciplinary order directs that the Board of Parole and Post-Prison Supervision be notified that the department recommends that the AIC's parole release date be extended in accordance with the department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (2) In order to qualify the AIC for a parole release date extension recommendation, the rule violation must involve misconduct that can be classified within one of four categories as follows: (a) Hazard to human life/health; (b) Hazard to security; (c) Hazard to property; (d) Third in series of rule violations within a three-month period while assigned to any Department of Corrections facility or program. (3) A parole release date extension shall not be recommended without consideration of the following: (a) Effectiveness of the sanction as a disciplinary measure, both to the AIC and to the general AIC population; (b) Degree of hazard posed by the misconduct to human health and/or life, facility security, or to property; (c) Seriousness of the misconduct had it been committed in the wider community; (d) Circumstances of the misconduct; and (e) The AIC's prior record of institution conduct. (4) A recommendation for extension of an AIC's parole release date shall be within the range corresponding to the violation classification category, as set forth in Table 3. (5) A parole release date extension recommendation will not be made that, if followed by the Board of Parole and Post-Prison Supervision, will result in a parole release date beyond the AIC’s statutory good time date. (6) If an AIC is found guilty of a major rule violation, before a parole release date has been set, that qualifies the AIC for a parole release date extension recommendation in accordance with these rules, the department will recommend to the Board of Parole and Post-Prison Supervision that the AIC's parole release date be adjusted when set to reflect the department's recommended extension, if any. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075 History: DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021 Renumbered from 291-097-0130 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0130 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 DOC 18-2001, f. & cert. ef. 10-12-01 CD 11-1996, f. 8-27-96, cert. ef. 9-1-96 CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
291-097-0305 Administrative Review (1) An AIC may obtain an independent review of the determination of their referral to the Board of Parole and Post-Prison Supervision for a modification of the parole release date set by writing to the Counselor Case Management Unit and requesting an administrative review of the determination. (a) The review request must be in writing on an AIC communication form (CD 214) and must state the reason(s) why the AIC believes the functional unit manager's or designee's decision not to refer the request to the Board of Parole and Post-Prison Supervision is not correct. (b) Requests for administrative review must be received by the Counselor Case Management Unit no later than 30 days after the date of the determination. (2) If an AIC submits a proper and timely request for administrative review, the Counselor Case Management Unit shall review the determination and either approve or modify the determination in writing to the AIC and functional unit manager within 30 days after the receipt of the request for administrative review. Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075 History: DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021 Renumbered from 291-097-0140 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0140 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 Renumbered from 291-097-0110, DOC 2-2009, f. & cert. ef. 3-10-09 DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09 DOC 18-2001, f. & cert. ef. 10-12-01 CD 11-1996, f. 8-27-96, cert. ef. 9-1-96 CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
291-100-0005 Authority, Purpose and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 18.038, 137.071, 137.120, 137.123, 137.124, 137.315, 137.320, 137.370, 137.372, 137.373, 137.375, 137.540, 137.545, 137.550, 137.635, 137.637, 137.700, 137.707, 137.750, 137.751, 144.108, 144.110, 144.245, 144.390, 161.085, 161.610, 161.515, 169.005, 169.110, 169.120, 179.040, 421.120, 421.121, 421.122, 421.508, 423.020, 423.030, 423.075, and 430.450 to 430.555. (2) Purpose: To establish department policy and procedures for the computation of sentences, and for the admission and release of adults in custody. (3) Policy: It is the policy of the Department of Corrections to admit and release adults in custody and to compute sentences in accordance with ORS 137.315; 137.320; 137.370; 137.372; 137.375; 137.635; 144.108; 144.110; 144.245; former 144.390 repealed by 1989 Oregon Laws, Chapter 790, §47a; 161.610; 421.120; 421.121; 421.122; and 426.675. Statutory/Other Authority: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 5-2005, f. & cert. ef. 4-13-05 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93 CD 7-1989, f. & cert. ef. 5-25-89 CD 45-1986, f. & ef. 10-21-86 CD 51-1985, f. & ef. 8-16-85 Renumbered from 291-020-0005, CD 23-1983, f. & ef. 5-2-83 CD 1-1978, f. & ef. 2-1-78 CD 42(Temp), f. 10-3-77, ef. 10-4-77
291-100-0070 First and Last Day Credit (1) An AIC will receive a full day of credit for the date of commitment to the department. (2) An AIC will receive a full day of credit for the last day of the sentence in a department facility. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 5-2005, f. & cert. ef. 4-13-05 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
291-100-0075 Definition of a Month (1) Upon receipt of a judgment imposing a certain number of months to be served, the Department of Corrections will complete the calculation by adding that number of months to the begin date. The actual number of days served will vary slightly depending on whether the corresponding months have 28, 29, 30 or 31 days. (2) For persons sentenced to a term of imprisonment that includes a commitment to the legal and physical custody of the Department of Corrections, there is no statutory definition of a month. ORS 169.005(6) is applicable to local correctional and juvenile facilities only. Statutory/Other Authority: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, adopt filed 01/16/2019, effective 01/16/2019
291-100-0085 Credit for Time Served as Part of a Probationary Sentence (ORS 137.372(2)) An AIC who has been ordered confined as part of a probationary sentence for a crime committed on or after July 18, 1995, shall receive credit for time served in jail after arrest and before commencement of the probationary term unless the sentencing judge orders otherwise. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019 DOC 5-2005, f. & cert. ef. 4-13-05
291-100-0095 Credit for Time Served Following Failure of Diversion or Specialty Court Program (ORS 137.373(2)) For judgments imposed on or after August 1, 2015, a person who is ordered to the custody of the Department of Corrections following the failure to complete a diversion program (ORS 430.450 to 430.555) or a specialty court program (for example, drug court) in which the person was not on probation shall receive credit for the time served in jail after arrest and before commencement of the program and for the time served in jail as a sanction for violating the terms of the program, unless the sentencing judge orders otherwise. Statutory/Other Authority: ORS 137, 144, 421, 161.610, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 421, 161.610, 179.040, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, adopt filed 01/16/2019, effective 01/16/2019
291-100-0100 Prison Term and Sentence Reduction Credits (1) Statutory Good Time and Extra Good Time Credits: Statutory Good Time and Extra Good Time Credits may be applied in accordance with ORS 421.120(2), 421.122, and the department’s rules on Prison Term Modification (OAR 291-097). (2) Earned Time Credits: Earned Time Credits may be applied in accordance with ORS 421.121 and the department’s rules on Prison Term Modification (OAR 291-097). Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019 DOC 5-2005, f. & cert. ef. 4-13-05 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
291-100-0105 Convictions Under ORS 137.700 and 137.707 When a person is convicted of an offense listed in ORS 137.700 or 137.707 for a crime committed on or after the effective dates listed in ORS 137.700 and 137.707, the person shall serve the entire sentence imposed by the court and is not eligible for earned time, work release, alternative incarceration programs, release on post-prison supervision, or any form of temporary leave from custody during the service of the mandatory minimum sentence imposed by the court in accordance with ORS 137.700; ORS 137.707; the department’s rules on Prison Term Modification (OAR 291-097); the department’s rules on Work Release Programs (OAR 291-149); the department’s rules on Alternative Incarceration Programs (OAR 291-062); and the department’s rules on Short-Term Transitional Leaves , Emergency Leaves and Supervised Trips (OAR 291-063). Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019 DOC 5-2005, f. & cert. ef. 4-13-05
291-100-0115 Sentencing Pursuant to ORS 137.750 and ORS 137.751 (1) Sentences imposed for crimes committed on or after December 5, 1996 and before January 1, 2009: Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after December 5, 1996 and before January 1, 2009, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, alternative incarceration program, or program of conditional or supervised release authorized by law unless the court finds substantial and compelling reasons to order a defendant not be considered for such leave, release or program. (2) Sentences imposed for crimes committed on or after January 1, 2009: (a) Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after January 1, 2009, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, or program of conditional or supervised release authorized by law unless the court finds substantial and compelling reasons to order a defendant not be considered for such leave, release or program. (b) Pursuant to ORS 137.751, when the court sentences a defendant for any crime committed on or after January 1, 2009, the court must make certain findings and must order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.508(4) for a defendant to be eligible for an Alternative Incarceration Program. (3) The Department of Corrections may consider the AIC for any form of temporary leave, sentence reduction credits, work release, alternative incarceration programs, or programs of conditional or supervised release, only upon order of the sentencing court appearing in the judgment. (4) The Department of Corrections will not consider an AIC eligible for a ORS 137.750 or 137.751 program unless a sentencing court specifically orders, in writing, that the AIC is eligible for such program(s) in the judgment. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421, 423.020, 423.030, 423.075, ORS 137, 144 & 161.610 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019 DOC 5-2005, f. & cert. ef. 4-13-05
291-100-0120 ORS 161.610 Use of Firearm (Gun) Minimums (1) Pre-Sentencing Guidelines: (a) Pursuant to ORS 161.610, AICs serving a sentence(s) for crime(s) committed prior to November 1, 1989 containing an ORS 161.610 minimum incarceration term will begin the minimum incarceration term on the begin date of the sentence, less eligible time served credits. (b) AICs serving a minimum incarceration term pursuant to ORS 161.610 shall not become eligible for work release or parole until the minimum incarceration term, less reductions for statutory good time, is served. (c) AICs shall be released upon completion of the minimum incarceration term pursuant to ORS 161.610, or upon the parole release date, whichever is longer. (2) Sentencing Guidelines Sentences: (a) Pursuant to ORS 137.637, AICs serving a sentence(s) for crime(s) committed on or after November 1, 1989 containing an ORS 161.610 enhancement penalty shall have their sentence release date computed on the determinate sentence imposed less earned time under ORS 421.121, or the presumptive sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer. (b) AICs serving a minimum incarceration term pursuant to ORS 161.610 will not be eligible for work release, alternative incarceration programs, release on post-prison supervision or any form of temporary leave from custody during the service of the term of imprisonment in accordance with the department’s rules on Prison Term Modification (OAR 291-097); the department’s rules on Work Release Programs (OAR 291-149); the department’s rules on Alternative Incarceration Programs (OAR 291-062); and the department’s rules on Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips (OAR 291-063). Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 5-2005, f. & cert. ef. 4-13-05 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
291-100-0130 Computation of Inoperative Time (1) Pursuant to 137.370(2), time on escape or on “suspend” status from transitional leave outside a Department of Corrections or other assigned facility status will not be credited toward service of a department sentence. (2) An AIC’s service of a department sentence ceases on the date that the AIC escapes from a Department of Corrections or other assigned facility or on the date that transitional leave is suspended. A full day of credit will be given for the day of escape or for the day transitional leave is suspended. The AIC’s sentence commences to run again on the date the AIC is incarcerated in an Oregon county jail with a full day of credit given for the day of incarceration in an Oregon county jail, with earned time calculated in accordance with OAR 291-097-0240(9) and former OAR 291-097-0020(6). If Oregon county jail incarceration information cannot be obtained or verified by the department, the AIC’s sentence commences to run again on the date the AIC is incarcerated in a Department of Corrections facility. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019 DOC 1-2007, f. 1-31-07, cert. ef. 2-1-07 DOC 9-2006(Temp), f. & cert. ef. 8-7-06 thru 2-3-07 DOC 5-2005, f. & cert. ef. 4-13-05 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
291-100-0140 Computation of Sentences for Parole Violators (1) Upon parole revocation, the suspend, revocation, and arrest dates provided by the Board of Parole and Post-Prison Supervision will be used by OISC staff to calculate new good time and maximum sentence expiration dates. (2) A new sentence received by a parolee who has been returned to the Department of Corrections without revocation will be calculated in the same manner as a new commitment. (3) AICs paroled before September 13, 1975 who are revoked and returned to a Department of Corrections facility will not receive any credit toward their indeterminate sentence(s) for time served on parole prior to the revocation. (4) Pursuant to former ORS 144.390 (repealed 1975 Oregon Laws, Chapter 589), AICs paroled on or after September 13, 1975 who are revoked and returned to a Department of Corrections intake facility will receive credit toward their indeterminate sentence for time served on parole prior to revocation, except inoperative time. (5) Absconders from parole will cease to accrue time served on parole toward their indeterminate sentence as of the date of issuance of the parole suspend warrant. Parole time resumes upon arrest in Oregon for the abscond warrant. If the absconder is arrested out of state, parole time resumes upon return to the Department of Corrections intake facility or placement in an Oregon local correctional facility, as approved. (6) All previously granted statutory good time and extra good time credits are forfeited upon revocation of parole. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 5-2005, f. & cert. ef. 4-13-05 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93