Or. Admin. R. 291-105-0081

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

Section 291-105-0081 - Adjustments to Final Orders

(1) Adjustments to Final Orders shall be initiated by an employee and documented using the Adjustment to Final Order form. Adjustments to Final Orders must pertain to a specific disciplinary case.

(2) In recommending adjustments to Final Orders, the designated institution committee will consider each individual AIC's particular circumstances and significant positive behavior change. Recommendations will be made by the designated institution committee to the functional unit manager or designee to adjust the Final Orders regarding fines, basic visiting, earned time, statutory good time, or extra good time credits.

(a) Generally, the AIC should have served or completed at least 50 percent of the sanction imposed and demonstrated a significant positive behavior change before an adjustment to that sanction would be considered. If the recommendation for the adjustment would be more than 50 percent, the recommendation to the functional unit manager or designee shall include factors that justify more than a 50 percent adjustment.

(b) Generally, a restoration of earned time, statutory good time, or extra good time credits should not cause an AIC's release date to move within 60 days of the date of adjustment. If the restoration of earned time, statutory good time, or extra good time credits should cause an AIC's release date to move within 60 days of the date of adjustment, the recommendation for restoration must also go through the department's Release Services Manager, who must also approve the restoration of retracted time.

(3) The functional unit manager or designee will approve, deny, or amend the recommendations of the designated institution committee.

(4) Copies of the approved Adjustment to Final Order will be provided to appropriate sections for necessary action, including the Hearings section, where the amendment will be entered into the disciplinary system.

Or. Admin. R. 291-105-0081

DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 14-2008, f. & cert. ef. 6-2-08; DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11; DOC 1-2018, temporary amend filed 01/24/2018, effective 01/24/2018 through 07/22/2018; DOC 4-2018, amend filed 05/04/2018, effective 5/4/2018; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020; DOC 10-2023, amend filed 05/23/2023, effective 5/23/2023

Exhibits referenced are not included in rule text. Click here for PDF copy of exhibit(s) .

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075