Or. Admin. R. 291-100-0120
Current through Register Vol. 63, No. 6, June 1, 2024
Section 291-100-0120 - ORS 161.610 Gun Minimums(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.(2) Sentencing Guidelines Sentences: (a) Pursuant to ORS 137.637, inmates serving a sentence(s) for crime(s) committed on or after November 1, 1989, containing an 161.610 gun enhancement penalty shall have their sentence release date computed on the determinate sentence imposed less earned time under 421.121, or the presumptive sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer.(b) Inmates serving an ORS 161.610 minimum incarceration term will not be eligible for 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 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.Or. Admin. R. 291-100-0120
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05Stat. 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