Or. Admin. Code § 291-097-0230

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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, AICs with eligible crimes committed on or after July 1, 2011 and through June 30, 2013, may earn sentence reduction credits up to 30 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except for AICs:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(c) Serving statutory minimum sentences under ORS 137.700 or 137.707;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post-prison supervision;

(g) Serving a mandatory minimum incarceration term of 90 days under ORS 813.011(3) for Felony Driving under the Influence of Intoxicants under ORS 813.010(5)(a) and ORS 813.011 committed on or after December 2, 2010; or

(h) Subject to any other Oregon statutes restricting earned time credits.

(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 AIC is convicted of an offense that was committed less than five years after the AIC completed serving a sentence for:

(A) A person felony; or

(B) A crime described in paragraph (e) of this subsection;

(c) The AIC is convicted of a person felony;

(d) The AIC is convicted of an offense involving the use or threatened use of a firearm; or

(e) The AIC 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 163A.005(5) (former 181.594 and 181.805);

(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 291-097-0235, 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 AIC will receive earned time credits for the review period under consideration, AIC 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.

Or. Admin. Code § 291-097-0230

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; 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