Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0245 - Earned Time Credit for Education or Apprenticeship Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 421.121 and this rule,
			 consideration for earned time credit may also be given for crimes committed
			 prior to July 1, 2015 for an AIC who obtains a high school diploma, General
			 Educational Development (GED) certificate, a certificate or degree from a
			 post-secondary education 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) Determination of Earned
			 Time Credits for Education or Apprenticeship Certifications:
(a) AICs who obtain a high school diploma,
			 General Educational Development (GED) certificate, a certificate or degree from
			 a post-secondary education institution as defined in ORS
			 337.511, or a journey level
			 certification from a registered apprenticeship program as defined in ORS
			 660.010 prior to January 1, 2010
			 or whose crime was committed on or after July 1, 2015 are not eligible to be
			 considered for earned time credits for education or apprenticeship
			 certifications.
(b) Subject to OAR
			 291-097-0250 (Retraction of
			 Earned Time Credits),
			 291-097-0255 (Restoration of
			 Earned Time Credits), and
			 291-097-0260 (Determination of
			 Earned Time Credits During Final Review Period for Sentencing Guidelines
			 Sentences), at the time an AIC obtains a high school diploma, General
			 Educational Development (GED) certificate, a certificate or degree from a
			 post-secondary education 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 and whose crime was committed prior to July 1, 2015, the OISC staff will
			 apply the amount of earned time credits, not to exceed 60 days, to the amount
			 of earned time credits actually received by the AIC for either maintaining
			 appropriate institution conduct or compliance with their case plan, in order to
			 bring the AIC's total earned time credits up to the amount of earned time
			 credits the AIC would have received if the AIC maintained appropriate
			 institution conduct and was in full compliance with their case plan as of the
			 date the AIC obtained the education or apprenticeship certification.
(A) The department may apply up to 60 days
			 earned time credits for education or apprenticeship certifications toward prior
			 earned time not credited to the sentence due to adjudicated misconduct during
			 the pre-sentence incarceration or while an AIC is incarcerated in an Oregon
			 county jail prior to the AIC's return to a Department of Corrections facility
			 following an escape, revocation of second look conditional release, or
			 violation of short-term transitional leave or non-prison leave, or toward
			 non-compliance with institutional conduct or the case plan, and toward earned
			 time previously retracted during the service of the sentence.
(B) In no event will an AIC be credited with
			 more earned time credits than the amount of earned time credits the AIC would
			 have received toward the sentence if the AIC maintained appropriate
			 institutional behavior and was in full compliance with their case plan as of
			 the date the AIC obtained a high school diploma, General Educational
			 Development (GED) certificate, a certificate or degree from a post-secondary
			 education institution as defined in ORS
			 337.511, or a journey level
			 certification from a registered apprenticeship program as defined in 660.010.
(C) The earned time credits for
			 education or apprenticeship certifications may not be applied to a sentence
			 whose prison term reached its earned time release date prior to the date the
			 AIC obtained a high school diploma, General Educational Development (GED)
			 certificate, a certificate or degree from a post-secondary education
			 institution as defined in ORS
			 337.511, or a journey level
			 certification from a registered apprenticeship program as defined in 660.010.
(D) An AIC may be credited with
			 multiple education or apprenticeship certifications as long as no individual
			 sentence receives more than 60 days total earned time credit for obtaining a
			 high school diploma, General Educational Development (GED) certificate, a
			 certificate or degree from a post-secondary education institution as defined in
			 ORS 337.511, or a journey level
			 certification from a registered apprenticeship program as defined in
			 660.010.
(E) The date the AIC
			 successfully meets the total score requirements for the GED certificate is the
			 date the AIC is deemed to have obtained their GED certificate.
(F) For AICs housed at OYA, the date the AIC
			 receives the high school diploma or GED certificate is the date the AIC is
			 deemed to have obtained their diploma unless DOC receives documentation that
			 the AIC completed the requirements for the diploma or GED at an earlier
			 date.