Or. Admin. R. 291-097-0260

Current through Register Vol. 63, No. 6, June 1, 2024

Section 291-097-0260 - Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences

(1) Four months prior to an AIC's projected release date, OISC staff (or the ODOC staff, as designated by the Correctional Services Division, for AICs housed in non-Oregon Department of Corrections facilities) will conduct a final review of AICs' earned time compliance.

(a) Final reviews will be conducted only for AICs serving a sentencing guidelines sentence. OISC staff will advance and apply earned time credits for the final review period.

(b) An AIC's full compliance with the case plan and institutional behavior will be assumed during the final review period.

(A) For AICs 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 AIC's new earned time release date.

(B) For AICs 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 AIC'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 AIC's prison term is extended as a result of a new sentence or an adjustment in pre-sentence 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 AIC'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 AIC was in full compliance with their case plan and institutional behavior at the time of the final review.

(a) If the AIC was in partial compliance with their 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 AIC 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 and whose crime was committed prior to July 1, 2015, the OISC Unit will adjust the final review period and any earned time credits advanced for the final review period in accordance with OAR 291-097-0245.

Or. Admin. R. 291-097-0260

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; 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