Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0235 - Earned Time Credits for Crimes Impacted by ORS 475.930(2)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 475.930(2), 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 for any of the following
			 crimes:
(a) Aggravated Theft I under ORS
			 164.057 if the victim is at
			 least 65 years of age (per ORS
			 164.061);
(b) Unlawful Delivery or Manufacture of a
			 Schedule I Controlled Substance under former ORS
			 475.840(1)(a)
			 or 475.752(1)(a)
			 if the controlled substance and quantities are as follows:
(A) Heroin of 50 grams or more; or
(B) 3,4-Methylenedioxymethamphetamine
			 (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or
			 capsules.
(c) Unlawful
			 Delivery or Manufacture of a Schedule II Controlled Substance under former ORS
			 475.840(1)(b)
			 or 475.752(1)(b)
			 if the controlled substance and quantities are as follows:
(A) Cocaine of 100 grams or more;
			 or
(B) Methamphetamine of 100 grams
			 or more.
(d) Unlawful
			 Delivery or Manufacture of a Controlled Substance within 1000 Feet of a School
			 under ORS 475.904 if the controlled
			 substance and quantities are as follows:
(A)
			 Heroin of 50 grams or more;
(B)
			 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or
			 more pills, tablets, or capsules;
(C) Cocaine of 100 grams or more;
			 or
(D) Methamphetamine of 100 grams
			 or more;
(e) Unlawful
			 Delivery of a Schedule I or II Controlled Substance to a Minor under ORS
			 475.906(1) if
			 the controlled substance is Heroin, 3,4-Methylenedioxymethamphetamine
			 (MDMA/Ecstasy), Cocaine or Methamphetamine;
(f) Unlawful Delivery of Cocaine to a Minor
			 under ORS 475.880(3);
(g) Unlawful Delivery of Methamphetamine to a
			 Minor under ORS 475.890(3);
(h) Unlawful Manufacture of Heroin under ORS
			 475.846 if 50 grams or
			 more;
(i) Unlawful Manufacture of
			 Heroin within 1000 Feet of a School under ORS
			 475.848 if 50 grams or
			 more;
(j) Unlawful Delivery of
			 Heroin under ORS 475.850 if 50 grams or
			 more;
(k) Unlawful Delivery of
			 Heroin within 1000 Feet of a School under ORS
			 475.852 if 50 grams or
			 more;
(l) Unlawful Manufacture of
			 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS
			 475.866 if 50 grams or more or
			 250 pills, tablets or capsules;
(m)
			 Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within
			 1000 Feet of a School under ORS
			 475.868 if 50 grams or more or
			 250 pills, tablets or capsules;
(n)
			 Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS
			 475.870 if 50 grams or more or
			 250 pills, tablets or capsules;
(o)
			 Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within
			 1000 Feet of a School under ORS
			 475.872 if 50 grams or more or
			 250 pills, tablets or capsules;
(p)
			 Unlawful Manufacture of Cocaine under ORS
			 475.876 if 100 grams or
			 more;
(q) Unlawful Manufacture of
			 Cocaine within 1000 Feet of a School under ORS
			 475.878 if 100 grams or
			 more;
(r) Unlawful Delivery of
			 Cocaine under ORS 475.880(2) if
			 100 grams or more;
(s) Unlawful
			 Delivery of Cocaine within 1000 Feet of a School under ORS
			 475.882 if 100 grams or
			 more;
(t) Unlawful Manufacture of
			 Methamphetamine under ORS
			 475.886 if 100 grams or
			 more;
(u) Unlawful Manufacture of
			 Methamphetamine within 1000 Feet of a School under ORS
			 475.888 if 100 grams or
			 more;
(v) Unlawful Delivery of
			 Methamphetamine under ORS
			 475.890(2) if
			 100 grams or more;
(w) Unlawful
			 Delivery of Methamphetamine within 1000 Feet of a School under ORS
			 475.892 if 100 grams or
			 more