Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0080 - Credit for Pre-sentence Time Served (ORS 137.370)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OISC must receive time served
			 certifications directly from the county sheriff or other qualified certifying
			 authority. Time served certifications will not be accepted from an inmate. Time
			 served must be certified by the custodial authority.
(2) It is the inmate's responsibility to
			 direct inquiries to OISC regarding pre-sentence time served certified by the
			 county if he/she believes it does not include all the time they were confined
			 in that county's jail. Forms for this purpose will be available at the
			 institution law library.
(3)
			 Pursuant to ORS 137.320(3) and
			 137.370:
(a) For Sentences Imposed Prior to August 1,
			 2015: An inmate will receive time served credit only for the actual number of
			 days confined after arrest in a county jail or other non-Department of
			 Corrections facility (as authorized by statute) as a result of the crime for
			 which the sentence is imposed . A conviction for a lesser included offense may
			 receive presentence time while confined on the greater inclusive crime. Credit
			 will be given only for the presentence time the inmate was confined in the
			 county jail or other non-Department of Corrections facility (as authorized by
			 statute). The days must be certified by the county sheriff or other qualified
			 certifying authority and then verified by OISC (for example, days certified
			 when the inmate was not actually confined in that county's jail cannot be
			 applied).
(b) For Sentences Imposed
			 on or after August 1, 2015: An inmate will receive time served credit only for
			 the actual number of days confined by any authority after the arrest for the
			 crime for which sentence is imposed; a lesser or greater inclusive offense of
			 the crime for which sentence was imposed; and any other crime constituting a
			 violation of Oregon law within the same county if designated by the sentencing
			 court in the judgment as having been committed as part of the same criminal
			 episode as the crime for which sentence was imposed.
(c) An inmate will receive time served credit
			 for time confined in a county jail or other non-Department of Corrections
			 facility (as authorized by statute) against only the first of multiple
			 consecutive sentences unless different dates are indicated for the consecutive
			 sentences.
(d) An inmate will
			 receive time served credit for time confined in a county jail or other
			 non-Department of Corrections facility (as authorized by statute) against each
			 of multiple concurrent sentences, if certified individually by case
			 number.
(e) An inmate will not
			 receive time served credit for the time the inmate is incarcerated in a
			 Department of Corrections facility while awaiting trial and sentencing on
			 additional criminal charges against the incarceration term arising out of those
			 additional charges.
(f) Pursuant to
			 ORS 137.370(4):
(A) For sentences imposed prior to August 1,
			 2015, an inmate will not receive time served credit on a department sentence
			 if, while incarcerated in the county jail, the inmate was serving an existing
			 department sentence, probation, parole or post-prison supervision revocation
			 sanction, county jail sentence, or other state or federal sentence.
(B) For sentences imposed on or after August
			 1, 2015, an inmate will not receive time served credit on a department sentence
			 if, while incarcerated in the county jail, the inmate was serving an existing
			 department sentence, probation, parole or post-prison supervision revocation
			 sanction, county jail sentence, or other state or federal sentence unless the
			 court expressly orders otherwise.
(g) An inmate will not receive time served
			 credit for time in custody on a warrant or detainer unless that custody is the
			 sole result of the warrant/detainer.
(h) An inmate will not receive time served
			 credit for time not confined in the county jail, such as time spent on house
			 arrest, electronic monitoring, or in a county work release
			 program.