Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0090 - Credit for Time Served Toward a Probation Revocation Sentence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Time served as
			 a condition of probation:
(a) Crimes
			 committed prior to November 1, 1989: Pursuant to ORS
			 137.545 (
former
ORS 137.550), an inmate will receive
			 credit for time served as a condition of probation pursuant to ORS
			 137.540 against the
			 incarceration term of any subsequent sentence resulting from revocation of
			 probation. Time served includes jail good time and work time credits as
			 certified.
(b) Crimes committed on
			 or after November 1, 1989 and judgments entered prior to July 18, 1995:
			 Pursuant to ORS 137.372 and
former
137.550(6), an inmate will receive credit for time
			 served as a condition of probation pursuant to ORS
			 137.540, or as part of a
			 probationary sentence pursuant to the rules of the Oregon Criminal Justice
			 Commission, against the incarceration term of any subsequent sentence resulting
			 from revocation of probation only if ordered by the sentencing judge in the
			 judgment. Time thus served includes jail good time and work time credits as
			 certified.
(c) Crimes committed on
			 or after November 1, 1989 and judgments entered on or after July 18, 1995 and
			 before August 1, 2015: Pursuant to ORS
			 137.372,
former
ORS 137.550(6), and
			 ORS 137.545(7), an
			 inmate will receive credit for time served as a condition of probation pursuant
			 to ORS 137.540, or as part of a
			 probationary sentence pursuant to the rules of the Oregon Criminal Justice
			 Commission, against the incarceration term of any subsequent sentence resulting
			 from revocation of probation unless the sentencing judge orders otherwise in
			 the judgment. Time thus served includes jail good time and work time credits as
			 certified.
(d) Crimes committed on
			 or after November 1, 1989 and judgments entered on or after August 1, 2015 and
			 imposed as a downward dispositional departure, including optional probation:
			 Pursuant to ORS 137.372(1)(a),
			 an inmate will receive time served on a sentence, imposed as a downward
			 dispositional departure under the rules of the Oregon Criminal Justice
			 Commission, for time served credit served in jail for time after arrest and
			 before commencement of the probationary sentence and for the time served in
			 jail as part of the probationary sentence up to 90 days. If the time served
			 credit is greater than 90 days, the sentencing judge may limit or deny credit
			 for any of the time that exceeds 90 days.
(e) Crimes committed on or after November 1,
			 1989 and judgments entered on or after August 1, 2015 and imposed as a
			 presumptive probation: Pursuant to ORS
			 137.372(1)(b),
			 an inmate will receive time served on a sentence, imposed as a presumptive
			 probationary sentence under the rules of the Oregon Criminal Justice
			 Commission, for time served credit served in jail for time after arrest and
			 before the commencement of the probationary sentence and for the time served in
			 jail as part of the probationary sentence unless the sentencing judge orders
			 otherwise.
(f) Crimes committed on
			 or after November 1, 1989 and judgments entered on or after April 13, 2018 and
			 imposed as an optional probation: Pursuant to ORS
			 137.372(1)(b),
			 an inmate will receive time served on a sentence, imposed as an optional
			 probation sentence under the rules of the Oregon Criminal Justice Commission,
			 for time served credit served in jail for the time after arrest and before the
			 commencement of the probationary sentence and for the time served in jail as
			 part of the probationary sentence unless the sentencing judge orders
			 otherwise.