reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 93 - DEATH ROW HOUSING UNIT › Section 291-093-0010 - Property

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 93 - DEATH ROW HOUSING UNIT › Section 291-093-0013 - Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 93 - DEATH ROW HOUSING UNIT › Section 291-093-0015 - Services and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Commissary:
(a) AICs on death row status may
			 be allowed to purchase such commissary items that are made available to general
			 population as determined by the FUM or designee.
(b) When permitted, access to the commissary
			 will be on a weekly basis. Each week commissary is permitted, commissary slips
			 shall be handed out based on a schedule to be determined by the FUM or
			 designee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 93 - DEATH ROW HOUSING UNIT › Section 291-093-0020 - Suspension of Services or Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0200 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 137.635,
			 144.108,
			 144.110,
			 161.610,
			 179.040,
			 421.120,
			 421.121,
			 421.122,
			 423.020,
			 423.030 and
			 423.075.
(2) The purpose of this rule is to establish
			 procedures for calculating, applying, retracting, and restoring earned time,
			 statutory good time and extra good time credits, and for recommending
			 modifications of parole release dates to the Board of Parole and Post-Prison
			 Supervision, for AICs sentenced for crimes committed on or after November 1,
			 1989 (sentencing guidelines), and for AICs sentenced for crimes committed prior
			 to November 1, 1989 (pre-sentencing guidelines).
(3) Policy:
(a) It is the policy of the Department of
			 Corrections that AICs serving sentences for crimes committed on or after
			 November 1, 1989 (sentencing guidelines), may be considered for a reduction in
			 their term of incarceration pursuant to ORS
			 421.121, as set forth in these
			 rules.
(A) AICs sentenced under sentencing
			 guidelines may be eligible to earn sentence reduction credits (earned time
			 credits) up to a maximum of 20 percent or 30 percent of each sentencing
			 guidelines sentence, pursuant to ORS
			 421.121, as set forth in these
			 rules.
(B) Earned time credits are
			 designed to provide incentive for appropriate institutional behavior, program
			 participation, and for certain AICs, 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 ORS
			 660.010.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0215 - Earned Time Credits for Crimes Committed on or after November 1, 1989 through June 30, 2009 and Sentenced Prior to July 1, 2009

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 421.121, AICs with eligible
			 crimes committed on or after November 1, 1989 through June 30, 2009 and
			 sentenced prior to July 1, 2009, 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; or
(g) Subject to any other Oregon statutes
			 restricting earned time credits.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 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

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0225 - Earned Time Credits for Crimes Committed on or after February 17, 2010 through June 30, 2011

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0230 - Earned Time Credits for Crimes Committed on or after July 1, 2011 and through June 30, 2013

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 421.121, AICs with eligible
			 crimes committed on or after July 1, 2011 and through June 30, 2013, 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;
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0231 - Earned Time Credits for Crimes Committed on or after July 1, 2013

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 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)

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0240 - Calculation and Application of Earned Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Case plan compliance is defined as
			 acceptable participation in work and self-improvement programs required within
			 the case plan. The required activities within the case plan are determined by
			 ongoing assessment and evaluation, which begins at the inception of the AIC
			 prison term.
(a) An AIC will be considered to
			 be compliant if they were not failed from the required program activity during
			 the review period under consideration, nor did the AIC refuse to participate in
			 required programming during the review period under consideration.
(b) As needed, the counselor or
			 multi-disciplinary team will evaluate an AIC's compliance with the required
			 program activity.
(c) If the AIC's
			 counselor or multi-disciplinary team determines the AIC is non-compliant with
			 the case plan, they will approve a program failure for documentation in the
			 AIC's computer record.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0250 - Retraction of Earned Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0255 - Restoration of Earned Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0260 - Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Four
			 months prior to an AIC's projected release date, OISC staff (or the ODOC staff,
			 as designated by the Correctional Services Division, for AICs housed in
			 non-Oregon Department of Corrections facilities) will conduct a final review of
			 AICs' earned time compliance.
(a) Final
			 reviews will be conducted only for AICs serving a sentencing guidelines
			 sentence. OISC staff will advance and apply earned time credits for the final
			 review period
.
(b) An
			 AIC's full compliance with the case plan and institutional behavior will be
			 assumed during the final review period.
(A)
			 For AICs sentenced on or after November 1, 1989, with sentences eligible for a
			 maximum of 20 percent earned time credits, the OISC staff will apply an
			 effective 20 percent reduction in sentence for the final review period and the
			 OISC Unit will re-compute the AIC's new earned time release date.
(B) For AICs sentenced on or after November
			 1, 1989 with sentences eligible for a maximum of 30 percent earned time
			 credits, the OISC staff will apply an effective 30 percent reduction in
			 sentence for the final review period and the OISC Unit will re-compute the
			 AIC's new earned time release date.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0265 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0270 - Statutory Good Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0275 - Extra Good Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 421.120(2)(c), (d),
			 (e) [former ORS
			 421.120(1)(c), (d),
			 (e)], 421.122, 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 their case plan and has maintained appropriate
			 institutional conduct shall be entitled to a deduction from the term of
			 sentence to be computed as follows:
(a) From
			 the term of any sentence:
(A) One day shall
			 be deducted for every 15 days of work actually performed in prison industry, or
			 in meritorious work in connection with prison maintenance and operation, or of
			 enrollment in an educational activity as certified by the educational director
			 of the institution during the first year of prison employment or educational
			 activity; and
(B) One day shall be
			 deducted for every seven days of such work actually performed or educational
			 activity certified after the first year to and including the fifth year of
			 prison employment or educational activity certified; and
(C) One day for every six days of such work
			 actually performed or educational activity certified after the fifth year of
			 prison employment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0280 - Retraction of Statutory Good Time and Extra Good Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0285 - Restoration of Statutory Good Time and Extra Good Time Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0290 - AICs With Indeterminate Sentences of More Than Thirty-Six Months

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The functional
			 unit manager may recommend to the Board of Parole and Post-Prison Supervision
			 that an AIC receive prison term reduction credits in those cases where the AIC
			 has received a parole release date set from the Board of Parole and Post-Prison
			 Supervision of 36 months or more, if:
(a) The
			 AIC has applied for a reduction and the period under review falls within the
			 established prison term;
(b) The
			 AIC has completed a three-year period of good conduct; and
(c) The AIC has complied with case plan
			 efforts to address problems associated with the AIC's criminal conduct present
			 at the time of incarceration.
(d)
			 Notwithstanding (b) and (c) above, the functional unit manager may consider
			 significant improvement in AIC behavior and case plan efforts during the last
			 12 months of the three-year period and recommend that the parole release date
			 be reset.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0295 - AICs With Indeterminate Sentences of Thirty-Six Months or Less

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The functional
			 unit manager may recommend to the Board of Parole and Post-Prison Supervision
			 that an AIC's parole release date be reset to an earlier date in those cases
			 where the AIC has received a parole release date set from the Board of Parole
			 and Post-Prison Supervision of 36 months or less, if:
(a) The AIC has been incarcerated in a
			 Department of Corrections facility for at least six months; and
(b) The AIC's performance in two areas, the
			 case plan and institution conduct, as set forth in the criteria for calculation
			 and application of earned time credits in OAR
			 291-097-0240 warrants a positive
			 recommendation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0300 - Extension of Parole Release Date (Recommendations)

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Corrections may recommend to the Board of
				Parole and Post-Prison Supervision that an AIC's parole release date be reset
				to a later date 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 final disciplinary order directs that the Board of Parole
			 and Post-Prison Supervision be notified that the department recommends that the
			 AIC's parole release date be extended in accordance with the department's rule
			 on
Prohibited Conduct and Processing Disciplinary Actions
(OAR
			 291-105).
(2) In order to qualify
			 the AIC for a parole release date extension recommendation, the rule violation
			 must involve misconduct that can be classified within one of four categories as
			 follows:
(a) Hazard to human
			 life/health;
(b) Hazard to
			 security;
(c) Hazard to
			 property;
(d) Third in series of
			 rule violations within a three-month period while assigned to any Department of
			 Corrections facility or program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 97 - PRISON TERM MODIFICATION › Section 291-097-0305 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC may
			 obtain an independent review of the determination of their referral to the
			 Board of Parole and Post-Prison Supervision for a modification of the parole
			 release date set by writing to the Counselor Case Management Unit 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 functional unit manager's or designee's decision not to refer the
			 request to the Board of Parole and Post-Prison Supervision is not correct.
(b) Requests for administrative
			 review must be received by the Counselor Case Management Unit no later than 30
			 days after the date of the determination.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 137.315,
			 137.320,
			 137.370,
			 137.372,
			 137.375,
			 137.635,
			 144.108,
			 144.110,
			 144.245,
			 161.610,
			 179.040,
			 421.120,
			 421.121,
			 421.122,
			 423.020,
			 423.030,
			 423.075, and
			 426.675.
(2) Purpose: To establish department policy
			 and procedures for the computation of sentences, and for the admission and
			 release of inmates.
(3) Policy: It
			 is the policy of the Department of Corrections to admit and release inmates,
			 and to compute sentences, in accordance with ORS
			 137.315,
			 137.320,
			 137.370,
			 137.372,
			 137.375,
			 137.635,
			 144.108,
			 144.110,
			 144.245, former 144.390
			 (repealed 1989 Oregon Laws, Chapter 790, ¦47a) 161.610, 421.120,
			 421.121, 421.122, and 426.675.
Stat. Auth.: ORS 137, 144,
				  161.610,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0027 - Computing Sentences under ORS 137.320

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When computing a sentence under ORS
			 137.320, OISC staff will review
			 the judgment document for information that is necessary to properly compute the
			 sentence and to determine if it complies with ORS
			 137.071 and ORS
			 18.038 by considering whether
			 the judgment document:
(a) is identified as a
			 "judgment;"
(b) identifies the
			 court and case number;
(c)
			 identifies the defendant;
(d)
			 specifies the determination for each charged crime in the information,
			 indictment, or complaint, for example, whether the charge resulted in
			 acquittal, dismissal, conviction, or merger with another conviction.
(e) specifies the crime of conviction and
			 sentence imposed for each charge that resulted in a conviction;
(f) includes any information required by
			 statute or court rule. Examples of this type of information include:
(A) the imposition of any applicable
			 mandatory minimum sentence;
(B) For
			 crimes committed on or after December 5, 1996, as required under ORS
			 137.750, includes a statement
			 regarding whether the defendant may be considered by the executing or releasing
			 authority for any form of temporary leave from custody, reduction in sentence,
			 work release or program of conditional or supervised release authorized by law
			 for which the defendant is otherwise eligible at the time of sentencing;
			 and
(g) contains the
			 judge's signature, or the signature of the court administrator who is
			 authorized by law to sign the judgment document, and the date the judgment
			 document is signed.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0070 - First/Last Day Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 inmate will receive a full day of credit for the date of commitment to the
			 department.
(2) An inmate will
			 receive a full day of credit for the last day of the sentence in a department
			 facility.
Stat. Auth.: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0075 - Department's Definition of a Month

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a judgment imposing a
			 certain number of months to be served, the Department of Corrections will
			 complete the calculation by adding that number of months to the begin date. The
			 actual number of days served will vary slightly depending on whether the
			 corresponding months have 28, 29, 30 or 31 days.
(2) For offenders sentenced to imprisonment
			 in the custody of Oregon Department of Correction, there is no statutory
			 definition of a month. ORS
			 169.005(6) is
			 applicable to local correctional and juvenile facilities only.
Statutory/Other Authority: ORS ch 137, Ch 144, 161.610,
				  179.050, ch 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS ch 137, Ch 144, 161.610,
				  179.050, ch 421, 423.020, 423.030 & 423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0085 - Credit for Time Served as Part of a Probationary Sentence (ORS 137.372(2))

Current through Register Vol. 63, No. 7, July 1, 2024
An inmate who has been ordered confined as part of a
				probationary sentence for a crime committed on or after July 18, 1995, shall
				receive credit for time served in jail after arrest and before commencement of
				the probationary term unless the sentencing judge orders
				otherwise.
Statutory/Other Authority: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0095 - Credit for Time Served Following Failure of Diversion or Specialty Court Program [(ORS 137.373(2)]

Current through Register Vol. 63, No. 7, July 1, 2024
For judgments imposed on or after August 1, 2015, an offender
				who is ordered to the custody of the Department of Corrections following the
				failure to complete a diversion program (ORS
				430.450 to
				430.555) or a specialty court
				program (e.g., Drug Court) in which the offender was not on probation shall
				receive credit for the time served in jail after arrest and before commencement
				of the program and for the time served in jail as a sanction for violating the
				terms of the program, unless the sentencing judge orders
				otherwise.
Statutory/Other Authority: ORS ch 137, ch 144, ch 421,
				  161.610, 179.050, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS ch 137, ch 144, ch 421,
				  161.610, 179.050, 423.020, 423.030 & 423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0100 - Prison Term and Sentence Reduction Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Statutory Good Time and Extra Good Time
			 Credits: May be applied in accordance with ORS
			 421.120(2),
			 421.122, and the department's
			 rule on
Prison Term Modification
, OAR 291-097.
(2) Earned Time Credits: May be applied in
			 accordance with ORS 421.121 and the department rule
			 on
Prison Term Modification
, OAR 291-097.
Statutory/Other Authority: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0105 - ORS 137.700 and 137.707

Current through Register Vol. 63, No. 7, July 1, 2024
When a person is convicted of an offense listed in ORS
				137.700 or
				137.707 for a crime committed on
				or after the effective dates listed in ORS
				137.700 and
				137.707, the person shall serve
				the entire term imposed by the court and is not eligible for earned time, work
				release, alternative incarceration programs, release on post-prison supervision
				or any form of temporary leave from custody during the service of the term of
				imprisonment in accordance with ORS
				137.700, ORS
				137.707 and the department's
				rules on
Prison Term Modification
, OAR 291-097;
Work Release
				Programs
, OAR 291-149;
Alternative Incarceration Programs
,
				OAR 291-062 and
Short-Term Transitional Leaves
,
Emergency
				Leaves and Supervised Trips
, OAR 291-063.
Statutory/Other Authority: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0110 - ORS 137.635 (Ballot Measure 4 Sentences)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior Convictions for ORS
			 137.635 Predicate Crimes:
(a) For purposes of ORS
			 137.635, an inmate has a prior
			 conviction for an ORS
			 137.635 predicate crime if the
			 inmate committed and was previously convicted for one of the crimes listed in
			 ORS 137.635 prior to the commission
			 of an ORS 137.635 crime for which the
			 inmate is currently sentenced.
(b)
			 A prior conviction for an ORS
			 137.635 predicate crime may have
			 occurred either before, or on or after January 1, 1990, the effective date of
			 ORS 137.635.
(c) A prior conviction for an ORS
			 137.635 predicate crime may be a
			 prior conviction from another state or federal jurisdiction that is the
			 equivalent of a listed ORS
			 137.635 felony crime.
(d) Determination of a prior conviction for
			 an ORS 137.635 predicate crime:
(A) For crimes committed on or after January
			 1, 1990 with judgments entered prior to August 23, 1993, OISC staff will
			 determine whether an inmate has a qualifying prior conviction for an ORS
			 137.635 predicate crime and
			 whether an inmate is subject to the sentencing provisions of ORS
			 137.635. If a prior conviction
			 for an ORS 137.635 predicate crime is from
			 another state or federal jurisdiction, OISC staff will obtain documents
			 necessary to verify that the elements of the predicate felony crime for which
			 the inmate was previously convicted are identical to the elements of one or
			 more of the ten felony crimes listed in ORS
			 137.635.
(B) For crimes committed on or after January
			 1, 1990 with judgments entered on or after August 23, 1993, the court will
			 determine whether an inmate has a qualifying prior conviction for an ORS
			 137.635 predicate crime and
			 whether an inmate is subject to the sentencing provisions of ORS
			 137.635.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0115 - ORS 137.750 and ORS 137.751

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sentences imposed for crimes committed on
			 or after December 5, 1996 and before January 1, 2009: Pursuant to ORS
			 137.750, when the court
			 sentences a defendant for any crime committed on or after December 5, 1996 and
			 before January 1, 2009, the court must order on the record in open court if the
			 defendant may be eligible for any form of temporary leave from custody,
			 reduction in sentence, work release, alternative incarceration program or
			 program of conditional or supervised release authorized by law unless the court
			 finds substantial and compelling reasons to order a defendant not be considered
			 for such leave, release or program.
(2) Sentences imposed for crimes committed on
			 or after January 1, 2009:
(a) Pursuant to ORS
			 137.750, when the court
			 sentences a defendant for any crime committed on or after January 1, 2009, the
			 court must order on the record in open court if the defendant may be eligible
			 for any form of temporary leave from custody, reduction in sentence, work
			 release or program of conditional or supervised release authorized by law
			 unless the court finds substantial and compelling reasons to order a defendant
			 not be considered for such leave, release or program.
(b) Pursuant to ORS
			 137.751, when the court
			 sentences a defendant for any crime committed on or after January 1, 2009, the
			 court must make certain findings and must order in the judgment that the
			 Department of Corrections may release the defendant on post-prison supervision
			 under ORS 421.508(4) for
			 a defendant to be eligible for an Alternative Incarceration
			 Program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0120 - ORS 161.610 Gun Minimums

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pre-Sentencing Guidelines:
(a) Pursuant to ORS
			 161.610, inmates serving a
			 sentence(s) for crime(s) committed prior to November 1, 1989, containing an
			 161.610 gun minimum incarceration term will begin the gun minimum incarceration
			 term on the begin date of the sentence, less eligible time served
			 credits.
(b) Inmates serving an ORS
			 161.610 minimum incarceration
			 term shall not become eligible for work release or parole until the minimum
			 incarceration term, less reductions for statutory good time, is
			 served.
(c) Inmates shall be
			 released upon completion of the ORS
			 161.610 minimum incarceration
			 term, or upon the parole release date, whichever is longer.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0130 - Computation of "Inoperative Time"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to 137.370(2), time on escape or
			 on "suspend" status from transitional leave outside a Department of Corrections
			 or other assigned facility status will not be credited toward service of a
			 department sentence.
(2) An
			 inmate's service of a department sentence ceases on the date that the inmate
			 escapes from a Department of Corrections or other assigned facility or on the
			 date that transitional leave is suspended. A full day of credit will be given
			 for the day of escape or for the day transitional leave is suspended. The
			 inmate's sentence commences to run again on the date the inmate is incarcerated
			 in an Oregon county jail with a full day of credit given for the day of
			 incarceration in an Oregon county jail, with earned time calculated in
			 accordance with OAR 291-097-0240(9)
			  and former OAR
			 291-097-0020(8).
			 If Oregon county jail incarceration information cannot be obtained or verified
			 by the department, the inmate's sentence commences to run again on the date the
			 inmate is incarcerated in a Department of Corrections facility.
Statutory/Other Authority: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0140 - Computation of Sentences for Parole Violators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon parole revocation, the suspend,
			 revocation, and arrest dates provided by the Board of Parole and Post-Prison
			 Supervision will be used by OISC staff to calculate new good time and maximum
			 sentence expiration dates.
(2) A
			 new sentence received by a parolee who has been returned to the Department of
			 Corrections without revocation will be calculated in the same manner as a new
			 commitment.
(3) Inmates paroled
			 before September 13, 1975, who are revoked and returned to a Department of
			 Corrections facility will not receive any credit toward their indeterminate
			 sentence(s) for time served on parole prior to the revocation.
(4) Pursuant to former ORS
			 144.390 (repealed 1975 Oregon
			 Laws, Chapter 589), inmates paroled on or after September 13, 1975, who are
			 revoked and returned to a Department of Corrections intake facility will
			 receive credit toward their indeterminate sentence for time served on parole
			 prior to revocation, except inoperative time.
(5) Absconders from parole will cease to
			 accrue time served on parole toward their indeterminate sentence as of the date
			 of issuance of the parole suspend warrant. Parole time resumes upon arrest in
			 Oregon for the abscond warrant. If the absconder is arrested out of state,
			 parole time resumes upon return to the Department of Corrections intake
			 facility or placement in an Oregon local correctional facility (as
			 approved).
(6) All previously
			 granted statutory good time and extra good time credits are forfeited upon
			 revocation of parole.
Stat. Auth.: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0150 - Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate shall
			 not be released from confinement in a Department of Corrections facility except
			 as authorized in writing by an appropriate releasing authority.
(2) Inmates serving a sentence(s) for
			 crime(s) committed on or after November 1, 1989, shall be released from
			 confinement on that sentence(s) only upon completion of their incarceration
			 term, or upon receipt and verification of:
(a) A court order or judgment requiring the
			 inmate's release; or
(b) A
			 commutation or pardon order issued by the Governor requiring the inmate's
			 release.
(c) An order of release to
			 post-prison supervision issued by the Board of Parole and Post-Prison
			 Supervision for those sentences (in accordance with statutes) the Board has
			 release authority over.