Or. Admin. R. 291-097-0290

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

Section 291-097-0290 - AICs With Indeterminate Sentences of More Than Thirty-Six Months

(1) The functional unit manager may recommend to the Board of Parole and Post-Prison Supervision that an AIC receive prison term reduction credits in those cases where the AIC has received a parole release date set from the Board of Parole and Post-Prison Supervision of 36 months or more, if:

(a) The AIC has applied for a reduction and the period under review falls within the established prison term;

(b) The AIC has completed a three-year period of good conduct; and

(c) The AIC has complied with case plan efforts to address problems associated with the AIC's criminal conduct present at the time of incarceration.

(d) Notwithstanding (b) and (c) above, the functional unit manager may consider significant improvement in AIC behavior and case plan efforts during the last 12 months of the three-year period and recommend that the parole release date be reset.

(2) Three-Year Period of Good Conduct: For purposes of these rules, an AIC shall be considered to have maintained a three-year period of good conduct if:

(a) The AIC has not received any Level I - II rule violations as defined in the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) during the three years under review.

(b) Notwithstanding (a) above, upon finding that an AIC has committed a Level III or IV rule violation as defined in the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), after a formal disciplinary hearing or upon waiver of the AIC's right to hearing, the hearings officer may recommend to the functional unit manager that the AIC not be considered for a positive recommendation for prison term reduction within a three-year period from the date of the rule violation.

(3) Demonstrable Achievement in Addressing Problems Associated with the AIC's Criminal Conduct Present at the Time of Incarceration: For purposes of these rules, an AIC shall be considered to have made demonstrable achievement in addressing problems associated with the AIC's criminal conduct present at the time of incarceration if the AIC has received favorable reports for their successful participation in one or more self-improvement programs appropriate to their need as determined by departmental assessment captured in the case plan (to the extent these specific programs are available to the AIC). An AIC will be considered to be successfully participating in a self-improvement program if they are documented to be registered on a waiting list for the program within 30 days of the development of the case plan.

(4) AICs serving a term of incarceration in a Department of Corrections facility as a sanction for violation of parole or post-prison supervision are ineligible for consideration for a positive recommendation.

(a) AICs sentenced for aggravated murder or as dangerous offenders, and those whose parole the Board of Parole and Post-Prison Supervision denied are not subject to personal reviews.

(b) Dangerous offenders may be eligible for personal reviews upon receipt of a positive recommendation from the Department of Corrections, if the Board of Parole and Post-Prison Supervision has found their condition absent or in remission and has set a parole release date.

(5) The functional unit manager or designee will review the recommendation of the counselor, approve/deny or otherwise modify the recommendation, and send the determination to the Board of Parole and Post-Prison Supervision on an action sheet and supplemental report for the Board's consideration.

Or. Admin. R. 291-097-0290

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; Renumbered from 291-097-0100 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0100 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 - 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