Or. Admin. R. 291-097-0210

Current through Register Vol. 63, No. 5, May 1, 2024

Section 291-097-0210 - Definitions

(1) Adult In Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(2) Case Plan: A dynamic document created by Department of Corrections counselors collaboratively with an AIC that specifically identifies the AIC's evidence-based assessed risk and needs, accompanied by risk reduction strategies and plans of action, with timelines.

(3) 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.

(4) Earned Time Credits: Sentence reduction credits (days), up to 30 percent of the sentence imposed, that can be earned by an AIC sentenced under sentencing guidelines, pursuant to ORS 421.121, and these rules.

(5) Earned Time Release Date: The release date that has been achieved by an AIC calculated by subtracting the earned time credits accrued from the maximum date.

(6) Extra Good Time Credits: Sentence reduction credits (days) that can be earned by an AIC 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(2)(c),(d),(e) [former ORS 421.120(1)(c), (d), (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.

(7) Facesheet: Document that shows a summary of sentences for which an AIC is incarcerated by the Department of Corrections.

(8) Final Review Period: An increment of at least four months prior to an AIC's projected release date.

(9) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(10) 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.

(11) Judgment: Document issued by the court that commits an AIC to the legal and physical custody of the Department of Corrections and reflects the AIC's term of incarceration, any applicable statutes, term of post-prison supervision (for crimes committed on or after November 1, 1989), and court-ordered supervision conditions, if any.

(12) Multi-disciplinary Team (MDT): Stakeholders from different divisions within a functional unit who come together to provide comprehensive assessment, consultation and perspectives concerning an AIC's incarceration and successful reentry to the community.

(13) Non-Prison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program. Non-prison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751, ORS 421.508, ORS 421.510 and the department's rule on Alternative Incarceration Programs (OAR 291-062).

(14) 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.

(15) Offender Information & Sentence Computation Unit (OISC): The functional unit charged to administrate applicable statutes pertaining to sentencing; develop, implement and revise applicable processes for AIC and offender sentence computation; respond to public information requests with regard to AICs and offenders; certify an AIC's release date; and provide supportive services to department facilities with regard to AIC sentencing.

(16) Parole Release Date: The date on which an AIC 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.

(17) Post-Secondary Education Institution: An education institution as defined in ORS 337.511.

(18) Post-Prison Supervision: A period of community supervision ordered by the sentencing judge for offenders convicted of a crime(s) committed on or after November 1, 1989.

(19) 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.

(20) Pre-sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989. May also be referred to as "Matrix" sentences.

(21) 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.

(22) Projected Release Date: The date upon which an AIC is anticipated to complete service of the prison term.

(23) 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 AIC's sentence.

(24) Retraction: Where previously granted earned time, statutory good time or extra good time credits are forfeited by an AIC as a result of a significant negative action on the part of the AIC, in accordance with the rule on Prohibited 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.

(25) Review Period: A six-month increment, beginning with an AIC's admission date, used to determine an AIC's compliance with institution behavior and their case plan.

(26) Sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after November 1, 1989.

(27) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide AICs with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave shall be granted in accordance with ORS 421.168 and the department's rules on Short-Term Transitional Leave, Emergency Leaves and Supervised Trips (OAR 291-063).

(28) Statutory Good Time Credits: Prison term reduction credits (days) applicable to sentences for crimes committed prior to November 1, 1989 (pre-sentencing guidelines), pursuant to ORS 421.120(2)(a), (b) [former ORS 421.120(1)(a), (b)], and these rules.

(29) 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 AIC 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.

Or. Admin. R. 291-097-0210

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; DOC 10-2016, f. & cert. ef. 9/15/2016; DOC 5-2021, amend filed 04/07/2021, effective 4/7/2021

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