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DEPARTMENT OF CORRECTIONS
DIVISION 97
PRISON TERM MODIFICATION
291-097-0005 [Renumbered to 291-097-0200]
291-097-0010 [Renumbered to 291-097-0210]
291-097-0015 [Renumbered to 291-097-0215]
291-097-0020 [Renumbered to 291-097-0240]
291-097-0025 [Renumbered to 291-097-0250]
291-097-0030 [Renumbered to 291-097-0255]
291-097-0040 [Renumbered to 291-097-0260]
291-097-0050 [Renumbered to 291-097-0265]
291-097-0060 [Renumbered to 291-097-0270]
291-097-0070 [Renumbered to 291-097-0275]
291-097-0080 [Renumbered to 291-097-0280]
291-097-0090 [Renumbered to 291-097-0285]
291-097-0100 [Renumbered to 291-097-0290]
291-097-0120 [Renumbered to 291-097-0295]
291-097-0130 [Renumbered to 291-097-0300]
291-097-0140 [Renumbered to 291-097-0305]
291-097-0200
Authority,
Purpose, and Policy
(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 inmates sentenced for crimes committed on or after November 1,
1989 (sentencing guidelines), and for inmates sentenced for crimes committed prior
to November 1, 1989 (matrix sentences).
(3) Policy:
(a) It is
the policy of the Department of Corrections that inmates 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) Inmates
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 inmates, 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.
(b) It is
the policy of the Department of Corrections that inmates serving sentences for crimes
committed prior to November 1, 1989 (pre-sentencing guidelines sentences), may be
eligible for prison term reduction credits (statutory good time and extra good time
credits) pursuant to ORS 421.120, as set forth in these rules.
(c) It is
the policy of the Department of Corrections that inmates sentenced for crimes committed
prior to November 1, 1989 (pre-sentencing guidelines sentences), may be eligible
to receive a recommendation from the Department to the Board of Parole and Post-Prison
Supervision that the inmate receive prison term reduction credits for an earlier
date, as set forth in these rules.
(d) It is
the policy of the Department of Corrections to develop case plans on all inmates
assigned to a Department of Corrections facility.
(e) It is
the policy of the Department of Corrections to not calculate earned time for boarders
from another state or those inmates serving only pre-sentencing guidelines sentences
or sentences of death, life without the possibility of parole or life with the possibility
of parole.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01;
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. &
cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC
23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10
thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; Renumbered from 291-097-0005
by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from
291-097-0005 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0210
Definitions
(1) Case Plan: A
dynamic document created by Department of Corrections counselors collaboratively
with an inmate that specifically identifies the inmate’s evidence-based assessed
risk and needs, accompanied by risk reduction strategies and plans of action, with
timelines.
(2) Certificate
or Degree from a Post-Secondary Education Institution: A certificate or degree awarded
by a post-secondary education institution as defined in ORS 337.511 for satisfactory
completion of a course of study, which has been approved by the State Board of Education.
(3) Earned
Time Credits: Sentence reduction credits (days), up to 30 percent of the sentence
imposed, that can be earned by an inmate sentenced under sentencing guidelines,
pursuant to ORS 421.121, and these rules.
(4) Earned
Time Release Date: The release date that has been achieved by an inmate calculated
by subtracting the earned time credits accrued from the maximum date.
(5 ) Extra
Good Time Credits: Sentence reduction credits (days) that can be earned by an inmate
sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines),
for satisfactory work assignment or participation in an educational program, pursuant
to ORS 421.120(1)(c), (d) and (e) and 421.122, and these rules. Days earned reduce
the statutory good time date. Methods of computation are delineated in OAR 291-097-0070.
(6) Final
Review Period: An increment of at least four months prior to an inmate’s projected
release date.
(7) Functional
Unit: Any organizational component within the Department of Corrections responsible
for the delivery of services or coordination of programs.
(8 ) Functional
Unit Manager: Any person within the Department of Corrections who reports to either
the Director, Deputy Director, or an Assistant Director and has responsibility for
the delivery of program services or coordination of program operations.
(9) Inmate:
Any person under the supervision of the Department of Corrections who is not on
parole, post-prison supervision or probation status.
(10) Judgment:
Document issued by the court that commits an inmate to the legal and physical custody
of the Department of Corrections, and reflects the inmate's term of incarceration,
term of post-prison supervision, and court-ordered supervision conditions, if any.
(11) Multi-disciplinary
Team (MDT): Stakeholders from different divisions within a functional unit who come
together to provide comprehensive assessment, consultation and perspectives concerning
an inmate’s incarceration and successful reentry to the community.
(12) Offender:
Any person under the supervision of the Department of Corrections, local supervisory
authority or community corrections who is on probation, parole or post-prison supervision
status.
(13) Offender
Information & Sentence Computation Unit (OISC): The functional unit charged
to administrate applicable statutes pertaining to sentencing; develop, implement
and revise applicable processes for inmate and offender sentence computation; respond
to public information requests with regard to inmates and offenders; certify an
inmate's release date; and provide supportive services to Department facilities
with regard to inmate sentencing.
(14) Parole
Release Date: The date on which an inmate is ordered to be released from an indeterminate
prison sentence(s) to parole by the Board of Parole and Post-Prison Supervision.
Parole release may be to the community, detainer or to another Department of Corrections
sentence.
(15) Post-Secondary
Education Institution: An education institution as defined in ORS 337.511.
(16) Pre-Sentence:
That period of time a defendant spends in physical custody or incarceration from
the point of arrest to the date of delivery to the Department to serve that sentence.
(17) Prison
Term:
(a) Sentencing
Guidelines Sentences: The length of incarceration time within a Department of Corrections
facility as established by the court in the judgment for each crime of conviction.
(b) Pre-Sentencing
Guidelines Sentences: The length of required incarceration time within a Department
of Corrections facility as established by the order of the Board of Parole and Post-Prison
Supervision setting of a parole release date.
(18) Projected
Release Date: The date upon which an inmate is anticipated to complete service of
the prison term.
(19) Restoration
of Earned Time, Statutory Good Time, Extra Good Time Credits: Where previously retracted
earned time, statutory good time, extra good time and previously forfeited statutory
good time and extra good time for parole violators are granted and applied back
to the inmate's sentence.
(20) Retraction:
Where previously granted earned time, statutory good time or extra good time credits
are forfeited by an inmate as a result of a significant negative action on the part
of the inmate, in accordance with the rule on Prohibited Inmate Conduct and Processing
Disciplinary Actions (OAR 291-105), or forfeiture of program earned time credits,
advanced at the beginning of the final review period, for failure to comply with
the case plan during the final review period.
(21) Review
Period: A six-month increment, beginning with an inmate’s admission date,
used to determine an inmate’s compliance with institution behavior and his/her
case plan.
(22) Short-Term
Transitional/Non-Prison Leave: A leave for a period not to exceed 90 days preceding
an established release date that allows an inmate opportunity to secure appropriate
transitional support when necessary for successful reintegration into the community.
Short-term transitional leave/non-prison leave is granted in accordance with ORS
421.510 and the Department’s rule on Short-Term Transitional Leave, Emergency Leaves, and Supervised Trips (OAR 291-063).
(23) Statutory
Good Time Credits: Prison term reduction credits (days) applicable to sentences
for crimes committed prior to November 1, 1989 (matrix sentences) consisting of
a reduction of one day for every two days served, pursuant to ORS 421.120(1)(a)
and (b), and these rules. The application of statutory good time days establishes
the initial statutory good time date and is re-calculated upon parole revocation
based on the length of the remaining sentence.
(24) Supplemental
Judgment: The form of judgment prepared by and transmitted to a sentencing court
pursuant to Oregon Laws 2009, Chapter 660, §18 (House Bill 3508) which authorizes
the Department to consider the inmate for a reduction in the term of incarceration
under ORS 421.121 that may not exceed 30 percent of the total term of incarceration
in a DOC facility.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2000, f. & cert. ef. 6-26-00;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp),
f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09;
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. &
cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11;
DOC 7-2011, f. & cert. ef. 4-8-11; Renumbered from 291-097-0010 by DOC 13-2012(Temp),
f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0010 by DOC 5-2013,
f. 5-30-13, cert. ef. 6-1-13
Term Reductions
for Inmates Serving Sentences for Crimes Committed
On or After November 1, 1989
(Sentencing Guidelines)
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
(1) Pursuant to
ORS 421.121, inmates 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 inmates:
(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 inmate 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.
(2) Pursuant
to ORS 421.121, inmates sentenced under the sentencing guidelines prior to July
1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing
the Department of Corrections to consider the inmate eligible for additional earned
time credits, 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 inmates
described in 291-097-0015(1)(a-g) or inmates:
(a) Whose
prison term reached its earned time release date prior to or on August 31, 2009;
(b) Whose
prison term reached its earned time release date prior to the date the sentencing
court enters a supplemental judgment;
(c) Whose
supplemental judgment approving a reduction in the term of incarceration under ORS
421.121 that may not exceed 30 percent is:
(A) Dated
after February 17, 2010 at 10 a.m.; or
(B) Dated
on or after February 17, 2010, and the court made the order on the record in open
court after February 17, 2010, at 10 a.m.; or
(d) Serving
a sentence for the following crimes:
(A) Rape
in the Third Degree under ORS 163.355;
(B) Sodomy
in the Third Degree under ORS 163.385;
(C) Sexual
Abuse in the Second Degree under ORS 163.425;
(D) Criminally
Negligent Homicide under ORS 163.145;
(E) Assault
in the Third Degree under ORS 163.165;
(F) Assault
in the Fourth Degree under ORS 163.160(3);
(G) A crime
listed in ORS 137.700; or
(H) An attempt
to commit a crime described in this subsection.
(3) Pursuant
to ORS 475.930(2) and as outlined in OAR 291-097-0234, 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.
(4) In determining
whether an inmate will receive earned time credits for the review period under consideration,
inmate performance will be evaluated in two areas: half credit for compliance with
the Case Plan and half credit for maintaining appropriate institution conduct. The
only possible determination for each area is noncompliance or compliance.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 3-1998(Temp), f. & cert. ef. 2-20-98
thru 8-17-98; DOC 19-1998, f. & cert. ef. 8-14-98; DOC 18-2001, f. & cert.
ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009,
f. & cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10;
DOC 23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10
thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; Renumbered from 291-097-0015
by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from
291-097-0015 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
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
(1) Pursuant to
ORS 421.121, inmates 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 inmates:
(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 inmate 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.
(2) If otherwise
eligible for earned time, the maximum amount of earned time credits may not exceed
20 percent of the total term of incarceration if serving a sentence for the following
crimes:
(a) Rape
in the Third Degree under ORS 163.355;
(b) Sodomy
in the Third Degree under ORS 163.385;
(c) Sexual
Abuse in the Second Degree under ORS 163.425;
(d) Criminally
Negligent Homicide under ORS 163.145;
(e) Assault
in the Third Degree under ORS 163.165;
(f) Assault
in the Fourth Degree under ORS 163.160(3);
(g) A crime
listed in ORS 137.700; or
(h) An attempt
to commit a crime described in this subsection.
(3) Pursuant
to ORS 475.930(2) and as outlined in OAR 291-097-0234, 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.
(4) In determining
whether an inmate will receive earned time credits for the review period under consideration,
inmate performance will be evaluated in two areas: half credit for compliance with
the case plan and half credit for maintaining appropriate institution conduct. The
only possible determination for each area is noncompliance or compliance.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: DOC
13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0225
Earned Time
Credits for Crimes Committed on or after February 17, 2010 through June 30, 2011
(1) Pursuant to
ORS 421.121, inmates 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
inmates:
(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 inmate 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 813.010(5)(a) and 813.011 committed
on or after December 2, 2010; or
(h) Subject
to any other Oregon statutes restricting earned time credits.
(2) In determining
whether an inmate will receive earned time credits for the review period under consideration,
inmate performance will be evaluated in two areas: half credit for compliance with
the Case Plan and half credit for maintaining appropriate institution conduct. The
only possible determination for each area is noncompliance or compliance.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: DOC
13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0230
Earned Time
Credits for Crimes Committed on or after July 1, 2011 and through June 30, 2013
(1) Pursuant to
ORS 421.121, inmates 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 inmates:
(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 inmate 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 813.010(5)(a) and 813.011 committed
on or after December 2, 2010; or
(h) Subject
to any other Oregon statutes restricting earned time credits.
(2) If otherwise
eligible for earned time, the maximum amount of earned time credits may not exceed
20 percent of the total term of incarceration for crimes in which:
(a) The judgment
states earned time may not exceed 20 percent;
(b) The inmate
is convicted of an offense that was committed less than five years after the inmate
completed serving a sentence for:
(A) A person
felony; or
(B) A crime
described in paragraph (e) of this subsection;
(c) The inmate
is convicted of a person felony;
(d) The inmate
is convicted of an offense involving the use or threatened use of a firearm; or
(e) The inmate
is convicted of any of the following crimes:
(A) Subjecting
another person to involuntary servitude in the second degree under ORS 163.263;
(B) Subjecting
another person to involuntary servitude in the first degree under ORS 163.264;
(C) Trafficking
in persons under ORS 163.266;
(D) Coercion
under ORS 163.275;
(E) Online
sexual corruption of a child in the second degree under ORS 163.432;
(F) Online
sexual corruption of a child in the first degree under ORS 163.433;
(G) Aggravated
theft in the first degree under ORS 164.057, if:
(i) The victim
of the theft was 65 years of age or older at the time of the commission of the offense;
and
(ii) The
value of the property stolen from the victim described in sub-subparagraph (i) of
this subparagraph, in a single or aggregate transaction, is $10,000 or more;
(H) Treason
under ORS 166.005;
(I) Abuse
of a corpse in the second degree under ORS 166.085;
(J) Racketeering
activities under ORS 166.720;
(K) Luring
a minor under ORS 167.057;
(L) Assaulting
a law enforcement animal under ORS 167.339;
(M) A sex
crime as defined in ORS 181.594;
(N) Causing
another person to ingest a controlled substance under ORS 475.908;
(O) Applying
a controlled substance to the body of another person under ORS 475.910;
(P) Driving
while under the influence of intoxicants under ORS 813.010 (5); or
(Q) An attempt,
conspiracy or solicitation to commit an offense described in this paragraph or in
paragraph (c) or (d) of this subsection.
(3) As used
in this section:
(a) “Completed
serving a sentence” includes the completion of any term of probation, parole
or post-prison supervision.
(b) “Person
felony” has the meaning given that term in the rules of the Oregon Criminal
Justice Commission.
(4) Pursuant
to ORS 475.930(2) and as outlined in OAR 291-097-0234, 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.
(5) In determining
whether an inmate will receive earned time credits for the review period under consideration,
inmate performance will be evaluated in two areas: half credit for compliance with
the case plan and half credit for maintaining appropriate institution conduct. The
only possible determination for each area is noncompliance or compliance.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: DOC
13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0231
Earned Time Credits for Crimes Committed
on or after July 1, 2013
(1) Pursuant to ORS 421.121, inmates
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 inmates:
(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 inmate 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 813.011 committed on or after
December 2, 2010; or
(h) Subject to any other
Oregon statutes restricting earned time credits.
(2) In determining whether
an inmate will receive earned time credits for the review period under consideration,
inmate performance will be evaluated in two areas: half credit for compliance with
the Case Plan and half credit for maintaining appropriate institution conduct. The
only possible determination for each area is noncompliance or compliance.
Stat. Auth: ORS 137.635, 144.108, 144.110,
161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075
Stats. Impl: ORS 137.635,
144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075
Hist.: DOC 17-2013(Temp),
f. & cert. ef. 12-13-13 thru 6-11-14; DOC 4-2014(Temp), f. & cert. ef. 1-17-14
thru 7-16-14; DOC 12-2014, f. & cert. ef. 5-5-14
291-097-0235
Earned Time
Credits for Crimes Impacted by ORS 475.930(2)
(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 164.0561);
(b) Unlawful
Delivery or Manufacture of a Schedule I Controlled Substance under 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 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
(2) For crimes
described in subsections (e)–(g) above, section (1) does not apply to a person
who is less than three years older than the person under 18 years of age to whom
the controlled substance was delivered, unless the person has a previous conviction
for Delivery of Cocaine, Methamphetamine, Heroin or 3,4-Methylenedioxymethamphetamine
(MDMA/Ecstasy) to a person under 18 years of age.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: DOC
13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0240
Calculation
and Application of Earned Time Credits
(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 inmate
prison term.
(a) An inmate
will be considered to be compliant if he/she was not failed from the required program
activity(ies) during the review period under consideration, nor did the inmate refuse
to participate in required programming during the review period under consideration.
(b) As needed,
the counselor or multi-disciplinary team will evaluate an inmate’s compliance
with the required program activity(ies) as outlined in the department policy on
Correctional Case Management (#90.1.3).
(c) If the
inmate’s counselor or multi disciplinary team determines the inmate is non-compliant
with the case plan, he/she will approve a program failure for documentation in the
inmate’s computer record.
(2) Institution
conduct compliance is defined as maintaining Level I or Level II major misconduct-free
behavior during the review period. Major misconduct is documented in accordance
with the Department's rule on Prohibited Inmate Conduct and Processing Disciplinary
Actions (OAR 291-105). Any finding of a Level I or Level II major misconduct
violation during the review period will be considered as noncompliance. The date
of the adjudication, not of the incident, will be used for the date of the violation.
(3) At the
end of each review period, the OISC staff will review the inmate’s computer
records for information reflecting the inmate's compliance with the current case
plan and institution conduct. Based on the information contained in the inmate’s
computer records, the OISC staff will apply either:
(a) An effective
0, 10, or 20 percent reduction to the sentencing guidelines sentence proportional
for the review period under consideration for sentences eligible for a maximum of
20% earned time, or
(b) An effective
0, 15, or 30 percent reduction to the sentencing guidelines sentence proportional
for the review period under consideration for sentences eligible for a maximum of
30% earned time.
(4) For inmates
housed in non-Oregon Department of Corrections facilities, the ODOC staff, as designated
by the Offender Management and Rehabilitation Division will review the inmate’s
institution file including any reports received from the housing facility to determine
compliance with the current case plan and institution conduct.
(a) Case
plan compliance will be determined by the inmate's reported compliance with requirements
as determined by Department staff or the housing facility staff.
(b) Due process
comparable to the Department's rule on Prohibited Inmate Conduct and Processing
Disciplinary Actions (OAR 291-105) shall be applied. Institution conduct non-compliance
will be determined by substituting the rule(s) of prohibited conduct, for the rule(s)
violated at the housing facility, with the most equivalent charges as defined in
the Department's rule on Prohibited Inmate Conduct and Processing Disciplinary
Actions (OAR 291-105). The functional unit manager or designee may impose sanctions,
in addition to that imposed by the housing facility, related to sentence reductions.
(5) For each
review period under consideration for inmates housed in Oregon Department of Corrections
facilities, the OISC staff will list the reasons for applying or not applying earned
time credits and record the corresponding percentage of earned time applied to the
inmate’s sentence on the Earned Time Computation Form (CD 1154D).
(6) For inmates
housed in non-Oregon Department of Corrections facilities, the ODOC staff, as designated
by the Offender Management and Rehabilitation Division, will list the reasons for
applying or not applying earned time credits and record the corresponding percentage
of earned time applied on the Earned Time Computation Form (CD 1154D).
(7) Upon
the application of earned time credits toward an inmate’s sentence for the
review period under consideration, the OISC Unit will re-compute the inmate's new
earned time release date, file the Earned Time Computation Form (CD 1154D) in the
institution file, and provide a copy of the determination to the inmate.
(8) Determination
of Earned Time Credits During Presentence Incarceration: For crimes committed on
or after November 1, 1989, earned time credits will be computed for the period in
which an inmate is in custody in a non-Department of Corrections facility prior
to sentencing and admission to the Department of Corrections, based solely on the
inmate's conduct in the facility.
(a) Conduct
compliance will be assumed, unless the Department receives documentation of adjudicated
misconduct from the facility.
(A) For sentences
eligible for a maximum of 20% earned time credits, the inmate will be granted an
effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional
for the length of presentence incarceration.
(B) For sentences
eligible for a maximum of 30% earned time credits, the inmate will be granted an
effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional
for the length of presentence incarceration.
(b) Any verified
major misconduct equivalent to a Level I or Level II major misconduct violation
as defined in the Department’s rule on Prohibited Inmate Conduct and Processing
Disciplinary Actions (OAR 291-105) during any of the presentence incarceration credits
applied to the sentence will result in an effective 0 percent reduction toward the
sentencing guidelines sentence proportional for the total length of presentence
incarceration. The date of the adjudication, not of the incident, will be used for
the date of the violation.
(9) If the
inmate escapes, the OISC staff will close out the current earned time review period,
changing the current review period to end the day after escape. An inmate that is
returned from an escape to a Department of Corrections facility will have the starting
date of the new earned time credit cycle begin with the date of return. The escape
will constitute a program failure for the period up to the escape.
(10) Alternative
Incarceration Program:
(a) If, during
any review period, the inmate is assigned to an Alternative Incarceration Program
and for sufficient justification as determined by the functional unit manager’s
committee to be unsuccessful, the inmate will be considered a program failure as
provided by the Department's rule on Alternative Incarceration Programs (OAR 291-062).
(b) If the
inmate fails to successfully complete the short-term transitional leave (non-prison
leave) granted through the Alternative Incarceration Program, the inmate will be
considered a program failure and non-compliant with institution conduct for the
length of the inmate’s short-term transitional leave. The failure to successfully
complete the short-term transitional leave (non-prison leave) will not result in
a retraction of the portion of earned time credits for program compliance advanced
at the beginning of the final review period as outlined in OAR 291-097-0025(2).
(11) Determination
of earned time credits for inmates on non-AIP transitional leave:
(a) Earned
time credits will be computed for the period in which an inmate is serving the remainder
of his/her sentencing guidelines term of incarceration on short-term transitional
leave (OAR 291-063).
(A) Institution
conduct and case plan compliance will be assumed while an inmate is released on
short-term transitional leave.
(B) Earned
time credits for the period on transitional leave will be applied at a rate of 20
percent or 30 percent, in accordance with the applicable rate for the sentence at
the time of release onto short-term transitional leave.
(b) A revocation
of an inmate’s short-term transitional leave is deemed non-compliance with
the inmate’s case plan and non-compliance with institution conduct. Upon revocation
of short-term transitional leave, an inmate will receive an effective 0 percent
reduction for case plan compliance and 0 percent reduction toward the sentencing
guidelines sentence for institutional conduct proportional for the length of the
inmate’s short-term transitional leave.
(c) The failure
to successfully complete the short-term transitional leave will not result in a
retraction of the portion of earned time credits for program compliance advanced
at the beginning of the final review period as outlined in OAR 291-097-0025(2).
(12) If all
of an inmate's sentence(s) is vacated, reversed and remanded for new trial, or conviction
affirmed and remanded for resentencing, the OISC staff will close out the current
earned time review period to end the day after release to the sentencing court.
An inmate that is returned on a resentence will start a new review period, effective
the date of return to a Department of Corrections facility. The new earned time
credit cycle date will be reflected on the inmate's facesheet.
(13) Determination
of earned time credits for inmates serving the remainder of a sentencing guidelines
sentence on conditional release (Second Look):
(a) Earned
time credits will be computed for the period in which an inmate is serving the remainder
of his/her sentencing guidelines term of incarceration in the community on conditional
release, based solely on the inmate’s compliance with his/her conditional
release plan.
(b) Earned
time credits for the period on conditional release (Second Look) will be applied
at a rate of 20 percent or 30 percent, in accordance with the applicable rate for
the sentence at the time of release onto conditional release (Second Look).
(c) Conduct
compliance will be assumed unless the inmate’s conditional release is revoked
by the sentencing court.
(d) Any revocation
of an inmate’s conditional release prior to the inmate reaching his/her projected
earned time date will result in an effective 0 percent reduction in the sentencing
guidelines prison term for the length of the inmate’s sentence being served
in the community on conditional release.
(14) If an
inmate is incarcerated in an Oregon county jail prior to the inmate’s return
to a Department of Corrections facility following an escape, revocation of second
look conditional release, or violation of non-AIP or AIP short-term transitional
leave, earned time credits will be computed for the period in which the inmate is
in custody based solely on the inmate’s conduct in the county jail.
(a) Conduct
compliance will be assumed, unless the Department receives documentation of adjudicated
misconduct from the facility.
(A) For sentences
eligible for a maximum of 20% earned time credits, the inmate will be granted an
effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional
for the length of incarceration.
(B) For sentences
eligible for a maximum of 30% earned time credits, the inmate will be granted an
effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional
for the length of incarceration.
(b) Any verified
major misconduct equivalent to a Level I or Level II major misconduct violation
as defined in the Department’s rule on Prohibited Inmate Conduct and Processing
Disciplinary Actions (OAR 291-105) during the incarceration will result in an effective
0 percent reduction toward the sentencing guidelines sentence proportional for the
length of incarceration. The date of the adjudication, not of the incident, will
be used for the date of the violation.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2000, f. & cert. ef. 6-26-00;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp),
f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09;
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. &
cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11;
DOC 7-2011, f. & cert. ef. 4-8-11; Renumbered from 291-097-0020 by DOC 13-2012(Temp),
f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0020 by DOC 5-2013,
f. 5-30-13, cert. ef. 6-1-13
291-097-0245
Earned Time
Credit for Education or Apprenticeship Certifications
(1) Pursuant to
ORS 421.121 and this rule, consideration for earned time credit may also be given
for an inmate 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) Inmates
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 660.010 prior to January 1, 2010 are not eligible to be considered
for earned time credits for education or apprenticeship certifications.
(b) Subject
to OAR 291-097-0025 (Retraction of Earned Time Credits), 291-097-0030 (Restoration
of Earned Time Credits), and 291-097-0040 (Determination of Earned Time Credits
During Final Review Period for Sentencing Guidelines Sentences), at the time an
inmate 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, 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 inmate for either maintaining appropriate
institution conduct or compliance with his/her case plan, in order to bring the
inmate’s total earned time credits up to the amount of earned time credits
the inmate would have received if the inmate maintained appropriate institution
conduct and was in full compliance with his/her case plan as of the date the inmate
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 presentence incarceration or while an inmate is incarcerated in an Oregon
county jail prior to the inmate’s return to a Department of Corrections facility
following an escape, revocation of second look conditional release, or violation
of non-AIP or AIP short-term transitional 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 inmate be credited with more earned time credits than the amount of
earned time credits the inmate would have received toward the sentence if the inmate
maintained appropriate institutional behavior and was in full compliance with his/her
case plan as of the date the inmate 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 inmate 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 inmate
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 inmate successfully meets the total score requirements for the GED certificate
is the date the inmate is deemed to have obtained his/her GED certificate.
(F) For inmates
housed at OYA, the date the inmate receives the high school diploma or GED certificate
is the date the inmate is deemed to have obtained his/her diploma unless DOC receives
documentation that the inmate completed the requirements for the diploma or GED
at an earlier date.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: DOC
13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0250
Retraction
of Earned Time Credits
Time credits previously
earned or applied will be retracted as follows:
(1) The inmate
is found guilty of a major rule violation after a formal disciplinary hearing or
upon waiver of the inmate'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 Inmate 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 inmate 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 660.010 on or after January
1, 2010.
(2) Failure
to comply with the case plan during the final review period will result in a retraction
of the portion of the earned time credits for program compliance advanced at the
beginning of the final review period. The OISC staff will document the retraction
on the Earned Time Computation form (CD 1154D).
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Impl:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01;
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. &
cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC
23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10
thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. &
cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11; Renumbered
from 291-097-0025 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13;
Renumbered from 291-097-0025 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0255
Restoration
of Earned Time Credits
(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 inmate who has been involved
in saving a life or through the Adjustments to Final Order process outlined in the
Department’s rule on Prohibited Inmate 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.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 6-2010(Temp), f. & cert. ef. 4-14-10
thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; Renumbered from 291-097-0030
by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from
291-097-0030 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0260
Determination
of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences
(1) Four months
prior to an inmate’s projected release date, OISC staff (or the ODOC staff,
as designated by the Offender Management and Rehabilitation Division, for inmates
housed in non-Oregon Department of Corrections facilities) will conduct a final
review of inmates’ earned time compliance.
(a) Final
reviews will be conducted only for inmates serving a sentencing guidelines sentence.
OISC staff will advance and apply earned time credits for the final review period.
(b) An inmate’s
full compliance with the case plan and institutional behavior will be assumed during
the final review period.
(A) For inmates
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 inmate’s new earned time release date.
(B) For inmates
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 inmate’s new earned time release date.
(2) If, after
the completion of a final review and advancement of earned time credits for the
final review period, the inmate’s prison term is extended as a result of a
new sentence or an adjustment in presentence time, the OISC staff will delete the
final review and any earned time credits advanced for the final review period. The
OISC staff will complete a new Earned Time Computation form (CD 1154D) to assure
that the extended prison term is reviewed in accordance with these rules.
(3) If, after
the completion of a final review and advancement of earned time credits for the
final review period, the inmate’s prison term is reduced, the OISC Unit will
adjust the final review period and any earned time credits advanced for the final
review period provided the inmate was in full compliance with his/her case plan
and institutional behavior at the time of the final review.
(a) If the
inmate was in partial compliance with his/her Case Plan or institutional behavior
at the time of the final review, the OISC staff will delete the final review and
any earned time credits advanced for the final review period.
(b) The OISC
Staff will complete a new Earned Time Computation form (CD 1154D) to assure that
the reduced prison term is reviewed in accordance with these rules.
(4) If, after
the completion of a final review and advancement of earned time credits for the
final review period, the inmate 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 660.010, the OISC Unit will adjust the final
review period and any earned time credits advanced for the final review period in
accordance with OAR 291-097.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD
11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01;
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. &
cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC
23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10
thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. &
cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11; Renumbered
from 291-097-0040 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13;
Renumbered from 291-097-0040 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0265
Administrative
Review
(1) An inmate may
obtain an independent review of the determination of his/her case plan performance
as documented by the OISC staff or the ODOC staff as designated by the Offender
Management and Rehabilitation Division, (for inmates housed in non-Oregon Department
of Corrections facilities) for each review period by writing to the office designated
by the Offender Management and Rehabilitation Division and requesting an administrative
review of the determination.
(a) The review
request must be in writing on an Inmate Communication form (CD 214), and must state
the reason(s) why the inmate 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 designated by the Offender
Management and Rehabilitation Division no later than 30 days after final determination
as indicated on the Earned Time Computation form (CD 1154D).
(2) If an
inmate submits a proper and timely request for administrative review, the Office
of Population Management shall review the determination and either approve or modify
the determination, in writing, within 30 days after receipt of the request. A copy
of the order shall be provided to the inmate, his/her assigned counselor, and OISC.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 14-2010(Temp),
f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11;
Renumbered from 291-097-0050 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru
6-25-13; Renumbered from 291-097-0050 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Prison Term Reductions
for Inmates Serving Indeterminate
Sentences for Crimes Committed Prior to November
1, 1989 (Non-Sentencing Guidelines)
291-097-0270
Statutory
Good Time Credits
(1) Pursuant to
ORS 421.120 (1) (a) and (b), and these rules, each inmate 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.
Stat. Auth.: ORS 137.635,
144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; DOC 18-2001, f. & cert. ef. 10-12-01;
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. &
cert. ef. 3-10-09; Renumbered from 291-097-0060 by DOC 13-2012(Temp), f. & cert.
ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0060 by DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0275
Extra Good
Time Credits
(1) Pursuant to
ORS 421.120(1)(c), (d), (e), 421.122, and these rules, each inmate 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 his/her
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.
(b) From
the term of any sentence, one day shall be deducted for every 10 days of work actually
performed in agriculture during the first year of prison employment, and one day
for every six days of such work actually performed thereafter.
(c) From
the term of any sentence one day shall be deducted for every six days of work performed
at work camp during the first year of prison employment and one day for every four
days thereafter. Once the four-day rate is achieved, it may be applied to subsequent
work or release programs while the inmate is serving the same term.
(2) Extra
good time credits applied pursuant to ORS 421.120 (1)(c), (d), (e), 421.122, and
these rules, shall be in addition to statutory good time credits granted pursuant
to 421.120 (1)(a) and (b), and these rules. For purposes of this rule, “meritorious”
is synonymous with satisfactory performance.
(3) For purposes
of these rules, "prison employment" includes actual work in Oregon Correctional
Enterprises, meritorious work in connection with prison maintenance and operation,
actual work in agriculture and actual work at work camp. Performance shall be considered
meritorious unless removed from the work assignment for unsatisfactory performance.
(4) No statutory
good time or extra good time credits earned or applied prior to acceptance and release
on parole shall be granted to an inmate upon return to a Department of Corrections
facility for a service of a term of incarceration as a sanction for violation of
any condition of parole, except when authorized by the Board of Parole and Post-Prison
Supervision upon recommendation of the functional unit manager thereof.
(5) Rate
attained for calculation of extra good time credits prior to release on parole shall
be voided upon an inmate’s return to a Department of Corrections facility
for violation of any condition of parole, except when authorized by the Board of
Parole and Post-Prison Supervision.
Stat. Auth.: ORS 137.635,
144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 2-2009, f. &
cert. ef. 3-10-09; Renumbered from 291-097-0070 by DOC 13-2012(Temp), f. & cert.
ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0070 by DOC 5-2013, f. 5-30-13,
cert. ef. 6-1-13
291-097-0280
Retraction
of Statutory Good Time and Extra Good Time Credits
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 inmate
is found guilty of a major rule violation after a formal disciplinary hearing or
upon waiver of the inmate'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 Inmate 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.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 137.635,
144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp),
f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09;
Renumbered from 291-097-0080 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru
6-25-13; Renumbered from 291-097-0080 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0285
Restoration
of Statutory Good Time and Extra Good Time Credits
(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 inmate
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.
Stat. Auth.: ORS 137.635,
144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; Renumbered from 291-097-0090 by DOC 13-2012(Temp),
f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0090 by DOC 5-2013,
f. 5-30-13, cert. ef. 6-1-13
Recommendations
for Modification of Parole Release Date Reduction in Parole Release Date
291-097-0290
Inmates With
Indeterminate Sentences of More Than Thirty-Six Months
(1) The functional
unit manager may recommend to the Board of Parole and Post-Prison Supervision that
an inmate receive prison term reduction credits in those cases where the inmate
has received a parole release date set from the Board of Parole and Post-Prison
Supervision of 36 months or more, if:
(a) The inmate
has applied for a reduction and the period under review falls within the established
prison term;
(b) The inmate
has completed a three-year period of good conduct; and
(c) The inmate
has complied with case plan efforts to address problems associated with the inmate's
criminal conduct present at the time of incarceration.
(d) Notwithstanding
(b) and (c) above, the functional unit manager may consider significant improvement
in inmate behavior and case plan efforts during the last 12 months of the three-year
period and recommend that the parole release date be reset.
(2) Three-Year
Period of Good Conduct: For purposes of these rules, an inmate shall be considered
to have maintained a three-year period of good conduct if:
(a) The inmate
has not received any Level I — II rule violations as defined in the Department's
rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR
291-105) during the three years under review.
(b) Notwithstanding
(a) above, upon finding that an inmate has committed a Level III or IV rule violation
as defined in the Department's rule on Prohibited Inmate Conduct and Processing
Disciplinary Actions (OAR 291-105), after a formal disciplinary hearing or upon
waiver of the inmate's right to hearing, the hearings officer may recommend to the
functional unit manager that the inmate not be considered for a positive recommendation
for prison term reduction within a three-year period from the date of the rule violation.
(3) Demonstrable
Achievement in Addressing Problems Associated with the Inmate's Criminal Conduct
Present at the Time of Incarceration: For purposes of these rules, an inmate shall
be considered to have made demonstrable achievement in addressing problems associated
with the inmate's criminal conduct present at the time of incarceration if the inmate
has received favorable reports for his/her successful participation in one or more
self-improvement programs appropriate to his/her need as determined by departmental
assessment captured in the case plan (to the extent these specific programs are
available to the inmate). An inmate will be considered to be successfully participating
in a self-improvement program if he/she is documented to be registered on a waiting
list for the program within 30 days of the development of the case plan.
(4) Inmates
serving a term of incarceration in a Department of Corrections facility as a sanction
for violation of parole or post-prison supervision are ineligible for consideration
for a positive recommendation.
(a) Inmates
sentenced for aggravated murder or as dangerous offenders, and those whose parole
the Board of Parole and Post-Prison Supervision denied are not subject to personal
reviews.
(b) Dangerous
offenders may be eligible for personal reviews upon receipt of a positive recommendation
from the Department of Corrections, if the Board of Parole and Post-Prison Supervision
has found their condition absent or in remission and has set a parole release date.
(5) The functional
unit manager or designee will review the recommendation of the counselor, approve/deny
or otherwise modify the recommendation, and send the determination to the Board
of Parole and Post-Prison Supervision on an action sheet and supplemental report
for the Board's consideration.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp),
f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09;
Renumbered from 291-097-0100 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru
6-25-13; Renumbered from 291-097-0100 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0295
Inmates With
Indeterminate Sentences of Thirty-Six Months or Less
(1) The functional
unit manager may recommend to the Board of Parole and Post-Prison Supervision that
an inmate's parole release date be reset to an earlier date in those cases where
the inmate has received a parole release date set from the Board of Parole and Post-Prison
Supervision of 36 months or less, if:
(a) The inmate
has been incarcerated in a Department of Corrections facility for at least six months;
and
(b) The inmate'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
0020 warrants a positive recommendation.
(2) Inmates
serving a term of incarceration in a Department of Corrections facility as a sanction
for violation of parole or post-prison supervision are ineligible for consideration
for a positive recommendation.
(3) Inmates
sentenced to a minimum term of incarceration pursuant to ORS 144.110 (judicial minimum)
or 161.610 (gun minimum), are ineligible for consideration for a positive recommendation,
until such minimum incarceration term has been served.
(4) Inmates
serving an enhanced sentence pursuant to ORS 161.725 and 161.735 (dangerous offender),
or pursuant to 426.725 (sexually dangerous offender), are ineligible for consideration
for a positive recommendation.
(5) At the
end of the review period, based upon six-months increments beginning with the inmate’s
admission date, a counselor will evaluate the inmate's eligibility, consistent with
OAR 291-097-0020(3), for a positive recommendation based on the criteria set forth
above. Based upon the inmate's performance, the counselor will recommend to the
functional unit manager or designee that the inmate be considered by the Board of
Parole and Post-Prison Supervision for a 0, 10 or 20 percent reduction in the prison
term set by the Board, and a corresponding parole release date.
(6) The functional
unit manager or designee will review the recommendation of the counselor, approve/deny
or otherwise modify the recommendation, and send the determination to the Board
of Parole and Post-Prison Supervision on an action sheet for the Board's consideration.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; Renumbered from 291-097-0120
by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from
291-097-0120 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
291-097-0300
Extension
of Parole Release Date (Recommendations)
The Department of
Corrections may recommend to the Board of Parole and Post-Prison Supervision that
an inmate's parole release date be reset to a later date as a result of a disciplinary
action, as follows:
(1) The inmate
is found guilty of a major rule violation after a formal disciplinary hearing or
upon waiver of the inmate'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 inmate's parole release date be extended in accordance
with the department's rule on Prohibited Inmate Conduct and Processing Disciplinary
Actions (OAR 291-105).
(2) In order
to qualify the inmate 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.
(3) A parole
release date extension shall not be recommended without consideration of the following:
(a) Effectiveness
of the sanction as a disciplinary measure, both to the inmate and to the general
inmate population;
(b) Degree
of hazard posed by the misconduct to human health and/or life, facility security,
or to property;
(c) Seriousness
of the misconduct had it been committed in the wider community;
(d) Circumstances
of the misconduct; and
(e) The inmate's
prior record of institution conduct.
(4) A recommendation
for extension of an inmate's parole release date shall be within the range corresponding
to the violation classification category, as set forth in Table 3.
(5) A parole
release date extension recommendation will not be made that, if followed by the
Board of Parole and Post-Prison Supervision, will result in a parole release date
beyond the inmate’s statutory good time date.
(6) If an
inmate is found guilty of a major rule violation, before a parole release date has
been set, that qualifies the inmate for a parole release date extension recommendation
in accordance with these rules, the department will recommend to the Board of Parole
and Post-Prison Supervision that the inmate's parole release date be adjusted when
set to reflect the department's recommended extension, if any.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; Renumbered from 291-097-0130 by DOC 13-2012(Temp),
f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0130 by DOC 5-2013,
f. 5-30-13, cert. ef. 6-1-13
291-097-0305
Administrative
Review
(1) An inmate may
obtain an independent review of the determination of his/her 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 inmate communication form (CD 214) and must state
the reason(s) why the inmate 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.
(2) If an
inmate submits a proper and timely request for administrative review, the Counselor
Case Management Unit shall review the determination and either approve or modify
the determination in writing to the inmate and functional unit manager within 30
days after the receipt of the request for administrative review.
Stat. Auth.: ORS
137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Stats. Implemented:
ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030
& 423.075
Hist.: CD
17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96;
DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef.
9-12-08 thru 3-10-09; Renumbered from 291-097-0110, DOC 2-2009, f. & cert. ef.
3-10-09; Renumbered from 291-097-0140 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12
thru 6-25-13; Renumbered from 291-097-0140 by DOC 5-2013, f. 5-30-13, cert. ef.
6-1-13
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
