Or. Admin. R. 291-097-0275

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

Section 291-097-0275 - Extra Good Time Credits

(1) Pursuant to ORS 421.120(2)(c), (d), (e) [former ORS 421.120(1)(c), (d), (e)], 421.122, and these rules, each AIC confined in execution of the judgment of sentence upon any conviction for a crime committed prior to November 1, 1989, for any term other than life, who has acceptably participated in their case plan and has maintained appropriate institutional conduct shall be entitled to a deduction from the term of sentence to be computed as follows:

(a) From the term of any sentence:

(A) One day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity; and

(B) One day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified; and

(C) One day for every six days of such work actually performed or educational activity certified after the fifth year of prison employment.

(b) From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of such work actually performed thereafter.

(c) From the term of any sentence one day shall be deducted for every six days of work performed at work camp during the first year of prison employment and one day for every four days thereafter. Once the four-day rate is achieved, it may be applied to subsequent work or release programs while the AIC is serving the same term.

(2) Extra good time credits applied pursuant to ORS 421.120(2)(c), (d), (e) [former ORS 421.120(1)(c), (d), (e)], 421.122, and these rules, shall be in addition to statutory good time credits granted pursuant to ORS 421.120(2)(a),(b) [former ORS 421.120(1)(a), (b)], and these rules. For purposes of this rule, "meritorious" is synonymous with satisfactory performance.

(3) For purposes of these rules, "prison employment" includes actual work in Oregon Correctional Enterprises, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp. Performance shall be considered meritorious unless removed from the work assignment for unsatisfactory performance.

(4) No statutory good time or extra good time credits earned or applied prior to acceptance and release on parole shall be granted to an AIC upon return to a Department of Corrections facility for a service of a term of incarceration as a sanction for violation of any condition of parole, except when authorized by the Board of Parole and Post-Prison Supervision upon recommendation of the functional unit manager thereof.

(5) Rate attained for calculation of extra good time credits prior to release on parole shall be voided upon an AIC's return to a Department of Corrections facility for violation of any condition of parole, except when authorized by the Board of Parole and Post-Prison Supervision.

Or. Admin. R. 291-097-0275

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 2-2009, f. & cert. ef. 3-10-09; Renumbered from 291-097-0070 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0070 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13; 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 to 421.122, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075