justicedao/ipfs_state_laws huggingface dataset:
291-093-0007 Housing Assignment (1) The SPM Committee may reclassify and assign an AIC with a sentence of death to appropriate housing, which may include the Death Row Housing Unit or a Death Row status cell or other housing. (2) All cell moves, within the housing type designated by the SPM Committee, shall be approved by the housing unit officer in charge and the FUM or designee. Statutory/Other Authority: ORS 423.075, ORS 179.040, 423.020 & 423.030 Statutes/Other Implemented: ORS 423.075, ORS 179.040, 423.020 & 423.030 History: DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018 CD 27-1989, f. & cert. ef. 12-29-89 CD 17-1989(Temp), f. & cert. ef. 8-29-89
291-093-0010 Property (1) AICs on death row status shall be allowed the same property in their cells as AICs assigned to general population housing, except for specific items determined by the FUM or designee to be inconsistent with the maintenance of internal security, discipline or order in the institution, or the health or safety of staff or AICs. (2) All property in cells must be stored in issued containers and on assigned shelves. No items shall be stored in other than designated areas. (3) AICs on death row status shall be allowed minimally one set of clothes in the cell as designated by the FUM or designee. (4) Electronic Devices (Television, radio, handheld media device, et cetera) (a) Headphones/earphones shall be worn in the traditional manner when individual AIC electronic devices are in use in housing units or designated cells. (b) Output volume will be kept at a level that cannot be heard outside the AIC’s cell. (c) Electronic devices shall not be opened or altered by AICs on death row status. (d) No repairs on electronic devices will be allowed except as directed by the FUM or designee. (5) Property shall not be placed on cell bars or be used to obstruct security. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018 CD 24-1994, f. 12-21-94, cert. ef. 1-3-95 CD 14-1989(Temp), f. & cert. ef. 7-11-89
291-093-0013 Sanitation AICs on death row status are responsible for cleanliness of their cells. All cells must be maintained in a clean and sanitary condition at all times. No food items shall be stored except those purchased from commissary or authorized by the FUM or designee. Statutory/Other Authority: ORS 423.075 Statutes/Other Implemented: ORS 423.075, ORS 179.040, 423.020 & 423.030 History: DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018 CD 27-1989, f. & cert. ef. 12-29-89 CD 17-1989(Temp), f. & cert. ef. 8-29-89
291-093-0020 Suspension of Services or Activities (1) If an AIC is using any service or activity in a destructive manner, or in a manner that is deemed by staff to be inconsistent with the AIC’s rehabilitation or with the maintenance of internal security, discipline or order of the institution, or the health or safety of staff or AICs, that service or activity may be suspended or modified as determined by the housing unit officer‑in‑charge and approved by the FUM or designee. A written report will follow within 24 hours. (2) Activities or services suspended or modified are to be reinstated at the earliest possible time when the basis for suspension or modification has ceased to exist. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018 CD 24-1994, f. 12-21-94, cert. ef. 1-3-95 CD 14-1989(Temp), f. & cert. ef. 7-11-89
291-097-0220 Earned Time Credits for Crimes Committed on or after November 1, 1989 through February 16, 2010 and Sentenced on or after July 1, 2009 (1) Pursuant to ORS 421.121, AICs with eligible crimes committed on or after November 1, 1989 through February 16, 2010 and sentenced on or after July 1, 2009, may earn sentence reduction credits up to 30 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except for AICs: (a) Serving a sentence subject to ORS 137.635; (b) Serving presumptive sentences or required incarceration terms under ORS 161.737; (c) Serving statutory minimum sentences under ORS 137.700 or 137.707; (d) Serving a presumptive sentence under ORS 137.719; (e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions; (f) Serving time as a sanction for violation of conditions of post prison supervision; or (g) Subject to any other Oregon statutes restricting earned time credits. (2) If otherwise eligible for earned time, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence for the following crimes: (a) Rape in the Third Degree under ORS 163.355; (b) Sodomy in the Third Degree under ORS 163.385; (c) Sexual Abuse in the Second Degree under ORS 163.425; (d) Criminally Negligent Homicide under ORS 163.145; (e) Assault in the Third Degree under ORS 163.165; (f) Assault in the Fourth Degree under ORS 163.160(3); (g) A crime listed in ORS 137.700; or (h) An attempt to commit a crime described in this subsection. (3) Pursuant to ORS 475.930(2) and as outlined in OAR 291-097-0235, for eligible crimes committed on or after January 1, 2009, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence imposed under ORS 164.061, 475.907, 475.924 or 475.925. (4) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance. 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 DOC 10-2016, f. & cert. ef. 9-15-16 DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
291-097-0225 Earned Time Credits for Crimes Committed on or after February 17, 2010 through June 30, 2011 (1) Pursuant to ORS 421.121, AICs with eligible crimes committed on or after February 17, 2010 through June 30, 2011, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs: (a) Serving a sentence subject to ORS 137.635; (b) Serving presumptive sentences or required incarceration terms under ORS 161.737; (c) Serving statutory minimum sentences under ORS 137.700 or 137.707; (d) Serving a presumptive sentence under ORS 137.719; (e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions; (f) Serving time as a sanction for violation of conditions of post-prison supervision; (g) Serving a mandatory minimum incarceration term of 90 days under ORS 813.011(3) for Felony Driving under the Influence of Intoxicants under ORS 813.010(5)(a) and ORS 813.011 committed on or after December 2, 2010; or (h) Subject to any other Oregon statutes restricting earned time credits. (2) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance. 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 DOC 10-2016, f. & cert. ef. 9-15-16 DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
291-097-0231 Earned Time Credits for Crimes Committed on or after July 1, 2013 (1) Pursuant to ORS 421.121, AICs with crimes committed on or after July 1, 2013, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs: (a) Serving a sentence subject to ORS 137.635; (b) Serving presumptive sentences or required incarceration terms under ORS 161.737; (c) Serving statutory minimum sentences under ORS 137.700 or 137.707; (d) Serving a presumptive sentence under ORS 137.719; (e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions; (f) Serving time as a sanction for violation of conditions of post-prison supervision; (g) Serving a mandatory minimum incarceration term of 90 days under ORS 813.011(3) for Felony Driving under the Influence of Intoxicants under ORS 813.010(5)(a) and ORS 813.011 committed on or after December 2, 2010; or (h) Subject to any other Oregon statutes restricting earned time credits. (2) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance. 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 DOC 10-2016, f. & cert. ef. 9-15-16 DOC 12-2014, f. & cert. ef. 5-5-14 DOC 4-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14 DOC 17-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14
291-097-0236 Earned Time Credits for Life Sentences for Aggravated Murder, Murder in the First Degree and Murder in the Second Degree (formerly Murder for sentences imposed prior to September 29, 2019) (ORS 163.105, 163.107 and 163.115) (1) Earned Time Credits for Life Sentences for Murder and Aggravated Murder committed on or after November 1, 1989 and prior to July 1, 2015: (a) Life sentences for Murder and Aggravated Murder are not eligible for earned time unless otherwise eligible as outlined in OAR 291-097-0215 through 291-097-0231. (b) Life sentences for Murder and Aggravated Murder otherwise eligible for earned time are limited to 20% earned time pursuant to ORS 421.121. (c) Life sentences for Murder and Aggravated Murder are not eligible for earned time until and unless the Board of Parole and Post-Prison Supervision sets the initial prison term. (d) For Life Sentences for Murder and Aggravated Murder otherwise eligible for Earned Time Credits: (A) OISC will provide the calculated earned date to the Board of Parole and Post-Prison Supervision only after the initial prison term has been established; (B) OISC’s calculation of earned time on the initial prison term will not generate either a “parole release date” or a “projected earned time release date” on the life sentence as the parole release date is still determined by the Board of Parole and Post-Prison Supervision; (C) OISC will not calculate earned time on any deferral periods after the initial prison term has been established; (D) OISC will not calculate earned time on any post-prison supervision revocation sanctions; (E) OISC will not capture or record earned time on the AIC’s electronic facesheet; and (F) Earned time calculated on the initial prison term may be retracted pursuant to OAR 291-105. (2) Life Sentences for Murder I, Murder II (formerly Murder) and Aggravated Murder committed on or after July 1, 2015 are not eligible for earned time pursuant to ORS 421.121. 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 DOC 10-2016, f. & cert. ef. 9-15-16
291-097-0250 Retraction of Earned Time Credits Time credits previously earned or applied will be retracted 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 disciplinary order directs that earned time credits earned or applied be forfeited in accordance with the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (a) A recommendation for retraction of earned time shall be within the range corresponding to the violation level as set forth in Table 1. (b) A recommendation for retraction of earned time credits may not exceed the amount previously applied, including any amount credited to the AIC for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010. (2) Failure to comply with the case plan during the final review period will result in a retraction of the portion of the earned time credits for program compliance advanced at the beginning of the final review period. The OISC staff will document the retraction on the Earned Time Computation form (CD 1154D). [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 291-097-0025 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0025 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 DOC 7-2011, f. & cert. ef. 4-8-11 DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11 DOC 9-2010, f. & cert. ef. 7-14-10 DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10 DOC 23-2009, f. & cert. ef. 11-20-09 DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10 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 CD 14-1990, f. & cert. ef. 7-2-90
291-097-0255 Restoration of Earned Time Credits (1) Time credits that have been retracted may be restored upon recommendation of staff and approval of the functional unit manager or designee only for an AIC who has been involved in saving a life or through the Adjustments to Final Order process outlined in the Department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Time credits restored may not exceed those previously retracted. (2) Restoration of time credits must be approved in writing by the functional unit manager or designee. 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 291-097-0030 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0030 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 DOC 9-2010, f. & cert. ef. 7-14-10 DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10 CD 11-1996, f. 8-27-96, cert. ef. 9-1-96 CD 17-1993, f. 6-7-93, cert. ef. 6-9-93 CD 14-1990, f. & cert. ef. 7-2-90
291-097-0265 Administrative Review (1) An AIC may obtain an independent review of the determination of their case plan performance as documented by the OISC staff or the ODOC staff as designated by the Correctional Services Division, (for AICs housed in non-Oregon Department of Corrections facilities) for each review period by writing to the Office of Population Management 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 determination is not correct. A copy of the Earned Time Computation form (CD 1154D) under review must also be submitted. (b) Requests for administrative review must be received by the Office of Population Management no later than 30 days after final determination as indicated on the Earned Time Computation form (CD 1154D). (2) If an AIC submits a proper and timely request for administrative review, the Office of Population Management shall review the determination and either approve or modify the determination, in writing, within 30 days after receipt of the request. A copy of the order shall be provided to the AIC, their assigned counselor, and OISC. 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 291-097-0050 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0050 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 DOC 7-2011, f. & cert. ef. 4-8-11 DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11 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
291-097-0270 Statutory Good Time Credits (1) Pursuant to ORS 421.120(2)(a),(b) [former ORS 421.120 (1) (a), (b)], and these rules, each AIC confined in execution of the judgment of sentence upon any conviction for a crime committed prior to November 1, 1989, for any term other than life, who has acceptably participated in the requirements of their case plan and has maintained appropriate conduct, shall be entitled to a deduction from the term of sentence. (2) The deduction shall be computed as follows: (a) From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of such sentence actually served in the Department of Corrections facility. (b) From the term of a sentence of more than one year, one day shall be deducted for every two days of such sentence actually served in the Department of Corrections facility. (3) No statutory good time or extra good time credits earned or applied prior to acceptance and release on parole shall be granted to an AIC upon return to a Department of Corrections facility for a service of a term of incarceration as a sanction for violation of any condition of parole, except when authorized by the Board of Parole and Post-Prison Supervision upon recommendation of the functional unit manager thereof. Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075 History: DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021 Renumbered from 291-097-0060 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0060 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 17-1993, f. 6-7-93, cert. ef. 6-9-93
291-097-0280 Retraction of Statutory Good Time and Extra Good Time Credits Statutory good time and extra good time credits previously earned or applied may be retracted 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 disciplinary order directs that time credits earned are forfeited in accordance with the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) and Table 2 attached. (2) A recommendation for retraction of statutory good time and extra good time credits may not exceed the amount previously earned or applied. [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 to 421.122, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075 History: DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021 Renumbered from 291-097-0080 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0080 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13 DOC 23-2009, f. & cert. ef. 11-20-09 DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10 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
291-097-0285 Restoration of Statutory Good Time and Extra Good Time Credits (1) Statutory good time and extra good time credits that have been retracted may be restored upon recommendation of staff and approval of the functional unit manager or designee only for an AIC who has been involved in saving a life. (2) Restoration of statutory good time and extra good time credits must be approved in writing by the functional unit manager or designee. Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075 History: DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021 Renumbered from 291-097-0090 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13 Renumbered from 291-097-0090 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