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DEPARTMENT OF CORRECTIONS

 

DIVISION 100

ADMISSION, SENTENCE COMPUTATION AND RELEASE

291-100-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.315, 137.320, 137.370, 137.372, 137.375, 137.635, 144.108, 144.110, 144.245, 161.610, 179.040, 421.120, 421.121, 421.122, 423.020, 423.030, 423.075, and 426.675.

(2) Purpose: To establish department policy and procedures for the computation of sentences, and for the admission and release of inmates.

(3) Policy: It is the policy of the Department of Corrections to admit and release inmates, and to compute sentences, in accordance with ORS 137.315, 137.320, 137.370, 137.372, 137.375, 137.635, 144.108, 144.110, 144.245, former 144.390 (repealed 1989 Oregon Laws, Chapter 790, ¦47a) 161.610, 421.120, 421.121, 421.122, and 426.675.

Stat. Auth.: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 42(Temp), f. 10-3-77, ef. 10-4-77; CD 1-1978, f. & ef. 2-1-78; Renumbered from 291-020-0005; CD 23-1983, f. & ef. 5-2-83; CD 51-1985, f. & ef. 8-16-85; CD 45-1986, f. & ef. 10-21-86; CD 7-1989, f. & cert. ef. 5-25-89; CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0008

Definitions

(1) Abscond: Unauthorized absence from parole or post-prison supervision.

(2) Commitments: A sentence of incarceration to the legal and physical custody of the Department of Corrections.

(3) Concurrent/Consecutive Ghosts: Inmates with Oregon Department of Corrections sentences who are housed in a federal or another state's jurisdiction (not physically housed in an Oregon Department of Corrections facility) and their Oregon sentence is ordered to be served either concurrently or consecutively to a sentence from the federal or other state's jurisdiction.

(4) Custodial Authority: The authority holding physical custody of the inmate, who is responsible for certifying time served while in their custody.

(5) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(6) Earned Time Credits: Sentence reduction credits that can be earned by an inmate sentenced under Sentencing Guidelines, pursuant to ORS 421.121 and the department's rule on Prison Term Modification, OAR 291-097.

(7) Escape: Unauthorized departure of an inmate from the physical or legal custody of the Department of Corrections. Escape includes "constructive escape" where an inmate has any unserved felony sentence(s) in excess of 12 months and, by no effort of the inmate, is voluntarily absent from the Department of Corrections (for example, where an inmate is released from custody after serving a local supervisory sentence despite the inmate having any unserved felony sentence(s) in excess of 12 months).

(8) Extra Good Time Credits: Sentence reduction credits that can be earned by an inmate sentenced for crimes committed prior to November 1, 1989, (Non-Sentencing Guidelines), pursuant to ORS 421.120(1)(c), (d) and (e) and 421.122, and the department's rule on Prison Term Modification, OAR 291-097.

(9) Face Sheet: Document that shows a summary of sentences for which an inmate is incarcerated by the Department of Corrections.

(10) Good Time Date: An indeterminate sentence release date calculated for inmates serving a sentence(s) for crime(s) committed prior to November 1, 1989, (Non-Sentencing Guidelines), achieved through reduction in the sentence due to granting of statutory good time and extra good time credits.

(11) Inmate: A person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(12) Inoperative Time: Time spent on abscond, escape, or unauthorized departure from custody, transitional leave, or parole or post-prison supervision, which does not count toward service of the sentence.

(13) Intake Facility: A Department of Corrections facility designated by the department to receive inmates upon commitment to the legal and physical custody of the department, and to conduct intake evaluation of the inmate, including custody classification, needs assessment and some program assessments.

(14) Jail Good Time/Work Time Credits: Time credits for good behavior and work performed as allowed for inmates in a county local correctional facility pursuant to ORS 169.110 and 169.120, which are included as time thus served toward a probation revocation sentence if certified as part of the probationary sentence.

(15) Judgment: Document issued by the court that commits an inmate to the legal and physical custody of the Department of Corrections, and reflects the inmate's sentence length, any applicable statutes, term of post-prison supervision (for crimes committed on or after November 1, 1989), and court-ordered supervision conditions, if any.

(16) Maximum Sentence Expiration Date: The very latest date that a person can be held or supervised by the department on a particular sentence.

(17) Offender: Any person under the supervision of the Department of Corrections, local supervisory authority or community corrections who is on probation, parole, or post-prison supervision status.

(18) ORS 137.635 Sentence: A determinate sentence resulting from a conviction of one or more of ten listed felony crimes (i.e., Murder, including any aggravated form of Murder, Manslaughter I, Assault I, Kidnapping I, Rape I, Sodomy I, Sexual Penetration With a Foreign Object I, Burglary I, Arson I and Robbery I), if the inmate also has a prior conviction for one or more of those ten listed felony crimes.

(19) Parole Release Date: The date on which an inmate is ordered to be released from an indeterminate prison sentence(s) to parole by the Board of Parole and Post-Prison Supervision. Parole release may be to the community, detainer or to another Department of Corrections sentence.

(20) Parole Suspension: Issuance of an arrest and detain warrant by the Board of Parole and Post-Prison Supervision which ceases the running of an inmate's parole.

(21) Parole Violator: Any person whose parole has been revoked by the Board of Parole and Post-Prison Supervision.

(22) Post-Prison Supervision: A period of community supervision ordered by the sentencing judge for offenders convicted of a crime(s) committed on or after November 1, 1989.

(23) Post-Prison Supervision Violator: Any person whose post-prison supervision has been revoked by the Board of Parole and Post-Prison Supervision.

(24) Predicate Crime: A crime listed in ORS 137.635(2) that serves as a previous conviction in designating an inmate as an ORS 137.635 felon.

(25) Pre-sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989. Also may be referred to as "Matrix" sentences.

(26) Prison Term:

(a) Sentencing Guidelines Sentences: The length of incarceration time within a Department of Corrections facility as established by the court in the judgment.

(b) Pre-Sentencing Guidelines Sentences: The length of required incarceration time within a Department of Corrections facility as established by the order of the Board of Parole and Post-Prison Supervision setting of a parole release date.

(27) Projected Release Date: A release date calculated for inmates serving a sentence(s) for crimes committed on or after November 1, 1989 (Sentencing Guidelines), based on earned time sentence reduction credits earned through the last review period and a projected full compliance of earned time sentence reduction credits on the remaining sentence to be served.

(28) Qualifying ORS 137.635 Conviction: Conviction of a crime listed in 137.635 that was committed following a predicate conviction of any of the ten crimes listed in 137.635.

(29) Release Date Adjustment Form (CD 1417): A standardized form used by the Department of Corrections for documentation of the request and approval/disapproval for early release as authorized by the Department of Corrections.

(30) Revocation Sanction: A term of incarceration or confinement designated by the Board of Parole and Post-Prison Supervision (or its designee) for violation of conditions of parole and post-prison supervision.

(31) Sentence: The punishment given to a person who has been convicted (i.e. found to be guilty) of a crime.

(a) Sentencing Guidelines Sentences: For purposes of these rules and Department of Corrections sentence computation, "sentence" means the length of incarceration time within a Department of Corrections facility, as established by the court in the judgment.

(b) Pre-Sentencing Guidelines Sentences: The length of time an inmate is ordered to the legal and physical custody of the Department of Corrections, up to the maximum indeterminate amount authorized by Oregon law, as established by the court in the judgment and reduced by statutory and extra good time credits.

(32) Sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after November 1, 1989.

(33) Statutory Good Time Credits: Prison term reduction credits granted to an inmate sentenced for crimes committed prior to November 1, 1989, (Non-Sentencing Guidelines), pursuant to ORS 421.120(1)(a) and (1)(b), and these rules.

(34) Time Served Certification: A signed statement by a sheriff of the number of days an inmate was imprisoned prior to delivery of the inmate to a Department of Corrections facility.

(35) Time Served Credits: Pre-sentence time an inmate is confined in a county jail prior to sentencing, as certified in accordance with this rule. Time served credits also include time confined in jail between sentencing and arrival at a Department of Corrections intake facility.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1983, f. & ef. 5-2-83; CD 51-1985, f. & ef. 8-16-85; CD 45-1986, f. & ef. 10-21-86; CD 7-1989, f. & cert. ef. 5-25-89; CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05; DOC 9-2006(T), f. & cert. ef. 8-7-06 thru 2-3-07; DOC 1-2007, f. 1-31-07, cert. ef. 2-1-07

Procedures

291-100-0013

Admissions

(1) In-State Commitments:

(a) Intake Facility: The Coffee Creek Correctional Facility is the general intake facility for male and female inmates committed to the Oregon Department of Corrections except as outlined in (c), (d) and (h)-(j) below.

(b) Pursuant to ORS 137.320(1), the sheriff shall deliver with the inmate a copy of the judgment and a time served certification. Pursuant to ORS 137.315, the sentencing court or the sheriff may transmit a notice of the judgment by electronic telecommunication, as long as the notice is followed by a duplicate or photographic copy of the judgment.

(c) Male inmates sentenced to death will be delivered by the sheriff to the Oregon State Penitentiary. Female inmates sentenced to death will be delivered by the sheriff to the Coffee Creek Correctional Facility.

(d) In extraordinary circumstances where intensive confinement or special immediate treatment of an inmate is essential; e.g., medical/mental health problems, the sheriff may deliver the inmate directly to an approved department facility other than the designated department intake facility. In such cases, the sheriff must obtain prior approval by contacting the Department of Correction's Population Management Administrator or designee.

(e) Upon receipt of the judgment and the time served certification, the Offender Information and Sentence Computation Unit (OISC) staff will establish a case file and compute the inmate's sentence. After the case file is established and the inmate's sentence is computed, OISC staff will send a copy of the face sheet, judgment, and time served certification to the Board of Parole and Post-Prison Supervision.

(f) In the event the sheriff does not deliver a time served certification with the inmate, the department will accept a time served certification by fax, mail, or teletype at OISC.

(g) If a time served certification is received after admission of the inmate, the OISC staff designated to perform sentence calculation shall amend the sentence computation pursuant to ORS 137.370 and send a copy of the amended face sheet, along with the new time served certification to the Board of Parole and Post-Prison Supervision.

(h) Parole violators will be accepted at the designated Department of Corrections intake facility with a revocation order issued by the Board of Parole and Post-Prison Supervision chairperson, or for a Board of Parole and Post-Prison Supervision warrant from out-of-state.

(i) A post-prison supervision violator is to be returned to the appropriate Department of Corrections intake facility by Community Corrections Branch staff or the county sheriff upon receipt of authorization from the Board of Parole and Post-Prison Supervision. The authorization must include the date of arrest, suspend and detain, revocation, the days to be served on the violation sanction and the sanction release date, or pending future disposition hearing.

(j) Inmates being returned from escape will be accepted at the Department of Corrections intake facility or other designated Department of Corrections facility (as approved) upon verification of escape status and positive identification.

(2) Concurrent/Consecutive Ghosts:

(a) Pursuant to ORS 137.320(2), if an inmate is surrendered to another state or federal authority after sentencing, the sheriff shall forward to the OISC Unit at the Department of Corrections intake facility a copy of the judgment, a statement of the number of days the inmate was imprisoned in the county jail prior to surrender and an identification of the authority to whom the prisoner was surrendered.

(b) Upon receipt of the judgment and the time served certification, OISC staff will establish a case file and compute the inmate's sentence(s). After the case file is established and the inmate's sentence(s) is computed, OISC staff will send a copy of the face sheet, judgment, and time served certification to the Board of Parole and Post-Prison Supervision.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1983, f. & ef. 5-2-83; CD 24-1983(Temp), f. & ef. 7-11-83; CD 44-1983, f. & ef. 11-4-83; CD 51-1985, f. & ef. 8-16-85; CD 45-1986, f. & ef. 10-21-86; CD 7-1989, f. & cert. ef. 5-25-89; CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

Sentence Computation

291-100-0070

First/Last Day Credit

(1) An inmate will receive a full day of credit for the date of commitment to the department.

(2) An inmate will receive a full day of credit for the last day of the sentence in a department facility.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0080

Credit for Pre-sentence Time Served (ORS 137.370)

(1) OISC must receive time served certifications directly from the county sheriff or other qualified certifying authority. Time served certifications will not be accepted from an inmate. Time served must be certified by the custodial authority.

(2) It is the inmate's responsibility to direct inquiries to OISC regarding pre-sentence time served certified by the county if he/she believes it does not include all the time they were confined in that county's jail. Form letters for this purpose will be available at the institution law library.

(3) Pursuant to ORS 137.320(3) and 137.370:

(a) An inmate will receive time served credit only for the actual number of days confined after arrest in a county jail or other non-Department of Corrections facility (as authorized by statute) as a result of the charge or of the conduct which gave rise to the charge for which the sentence is later imposed. Credit will be given only for the presentence time the inmate was confined in the county jail or other non-Department of Corrections facility (as authorized by statute). The days must be certified by the county sheriff or other qualified certifying authority, or if the time served certification is erroneous (for example, days certified when the inmate was not actually confined in that county's jail), as can be verified.

(b) An inmate will receive time served credit for time confined in a county jail or other non-Department of Corrections facility (as authorized by statute) against only the first of multiple consecutive sentences unless different dates are indicated for the consecutive sentences.

(c) An inmate will receive time served credit for time confined in a county jail or other non-Department of Corrections facility (as authorized by statute) against each of multiple concurrent sentences, if certified individually by case number.

(d) An inmate will not receive time served credit for the time the inmate is incarcerated in a Department of Corrections facility while awaiting trial and sentencing on additional criminal charges against the incarceration term arising out of those additional charges.

(e) An inmate will not receive time served credit on a department sentence if, while incarcerated in the county jail, the inmate was serving an existing department sentence, probation, parole or post-prison supervision revocation sanction, county jail sentence, or other state or federal sentence.

(f) An inmate will not receive time served credit for time in custody on a warrant or detainer unless that custody is the sole result of the warrant/detainer.

(g) An inmate will not receive time served credit for time not confined in the county jail, such as time spent on house arrest, electronic monitoring, or in a county work release program.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0085

Credit for Time Served Toward a Probationary Sentence (ORS 137.372(2))

An inmate who has been ordered confined as part of a probationary sentence for a crime committed on or after July 18, 1995, shall receive credit for time served in jail after arrest and before commencement of the probationary term unless the sentencing judge orders otherwise.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0090

Credit for Time Served Toward a Probation Revocation Sentence

(1) Time served as a condition of probation:

(a) Crimes committed prior to November 1, 1989: Pursuant to former ORS 137.550, an inmate will receive credit for time served as a condition of probation pursuant to 137.540 against the incarceration term of any subsequent sentence resulting from revocation of probation. Time served includes jail good time and work time credits as certified.

(b) Crimes committed on or after November 1, 1989 and judgments entered prior to July 18, 1995: Pursuant to ORS 137.372 and former 137.550(6), an inmate will receive credit for time served as a condition of probation pursuant to 137.540, or as part of a probationary sentence pursuant to the rules of the Oregon Criminal Justice Commission, against the incarceration term of any subsequent sentence resulting from revocation of probation only if ordered by the sentencing judge in the judgment. Time thus served includes jail good time and work time credits as certified.

(c) Crimes committed on or after November 1, 1989 and judgments entered on or after July 18, 1995: Pursuant to ORS 137.372, former 137.550(6), and 137.545(7), an inmate will receive credit for time served as a condition of probation pursuant to 137.540, or as part of a probationary sentence pursuant to the rules of the Oregon Criminal Justice Commission, against the incarceration term of any subsequent sentence resulting from revocation of probation unless the sentencing judge orders otherwise in the judgment. Time thus served includes jail good time and work time credits as certified.

(2) Time served prior to commencement of probation:

(a) Pursuant to ORS 137.370(2)(a), an inmate who has been revoked from a probationary sentence for a crime committed on or after November 1, 1989 and prior to July 18, 1995, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence.

(b) Pursuant to ORS 137.370(2)(a) and 137.372(1), an inmate who has been revoked from a probationary sentence for a crime committed on or after July 18, 1995, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence unless the sentencing judge orders otherwise.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0100

Prison Term and Sentence Reduction Credits

(1) Statutory Good Time and Extra Good Time Credits: Each inmate 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, and whose record of conduct shows that the inmate faithfully has observed the rules of the institution, shall be entitled to a deduction from the term of sentence to be computed in accordance with ORS 421.120(1), 421.122, and the department's rule on Prison Term Modification, OAR 291-097.

(2) Earned Time Credits: Each inmate sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989 under Sentencing Guidelines, except those inmates subject to the provisions of ORS 137.635, any other Oregon statutes restricting earned time credits, or those inmates serving a term of incarceration as a sanction for violation of conditions of post-prison supervision, shall be eligible to earn sentence reduction credits up to 20 percent of the total sentencing guidelines incarceration term for acceptable participation in work and self-improvement programs in accordance with the Oregon Corrections Plan, as well as maintaining appropriate institution conduct, in accordance with ORS 421.121 and the department rule on Prison Term Modification, OAR 291-097.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0105

ORS 137.700 and 137.707

When a person is convicted of an offense listed in ORS 137.700 or 137.707 for a crime committed on or after the effective dates listed in 137.700 and 137.707, the person shall serve the entire term imposed by the court and is not eligible for earned time, work release, alternative incarceration programs, release on post prison supervision or any form of temporary leave from custody during the service of the term of imprisonment in accordance with 137.700, 137.707 and the department's rules on Prison Term Modification, OAR 291-097; Work Release Programs, OAR 291-149; Alternative Incarceration Programs, OAR 291-062 and Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips, OAR 291-063.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0110

Ballot Measure 4 Sentences (ORS 137.635)

(1) Prior Convictions for ORS 137.635 Predicate Crimes:

(a) For purposes of ORS 137.635, an inmate has a prior conviction for an 137.635 predicate crime if the inmate committed and was previously convicted for one of the crimes listed in 137.635 prior to the commission of an 137.635 crime for which the inmate is currently sentenced.

(b) A prior conviction for an ORS 137.635 predicate crime may have occurred either before, or on or after January 1, 1990, the effective date of 137.635.

(c) A prior conviction for an ORS 137.635 predicate crime may be a prior conviction from another state or federal jurisdiction that is the equivalent of a listed 137.635 felony crime.

(d) Determination of a prior conviction for an ORS 137.635 predicate crime:

(A) For crimes committed on or after January 1, 1990 with judgments entered prior to August 23, 1993, OISC staff will determine whether an inmate has a qualifying prior conviction for an ORS 137.635 predicate crime and whether an inmate is subject to the sentencing provisions of 137.635. If a prior conviction for an 137.635 predicate crime is from another state or federal jurisdiction, OISC staff will obtain documents necessary to verify that the elements of the predicate felony crime for which the inmate was previously convicted are identical to the elements of one or more of the ten felony crimes listed in 137.635.

(B) For crimes committed on or after January 1, 1990 with judgments entered on or after August 23, 1993, the court will determine whether an inmate has a qualifying prior conviction for an ORS 137.635 predicate crime and whether an inmate is subject to the sentencing provisions of 137.635.

(2) Qualifying ORS 137.635 Convictions:

(a) An inmate who is currently convicted of one or more ORS 137.635 crimes committed on or after January 1, 1990, who is sentenced by the court to a determinate sentence and who has a prior conviction for an 137.635 predicate crime is subject to the sentence computation requirements of 137.635 on the qualifying second or repeat conviction.

(b) An inmate who receives two or more qualifying ORS 137.635 convictions arising out of the same criminal episode (e.g., convictions are separate counts in the same criminal case, convictions arise in the same court appearance), is not subject to an 137.635 sentence as a result of the convictions, unless the inmate has a prior conviction for an 137.635 predicate crime.

(3) Sentence Computation of ORS 137.635 Sentences:

(a) The incarceration term of a current determinate ORS 137.635 sentence is determined by the court as indicated in the judgment committing the offender to the legal and physical custody of the Department of Corrections.

(b) An inmate that is determined to be subject to an ORS 137.635 sentence shall serve the entire incarceration term of the sentence imposed by the court, and is not eligible to earn sentence reduction credits (i.e., earned time) during service of the qualifying ORS 137.635 sentence.

(c) An inmate that is determined to be subject to an ORS 137.635 sentence is not eligible for parole, earned time, work release, alternative incarceration programs, release on post prison supervision or any form of temporary leave from custody, including medical leave, during the service of the term of imprisonment in accordance with 137.635, and the department's rules on Prison Term Modification, OAR 291-097; Work Release Programs, OAR 291-149; Alternative Incarceration Programs, OAR 291-062; and Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips, OAR 291-063.

(d) An inmate serving a sentence for a predicate conviction for a crime committed on or after November 1, 1989, may be eligible for earned time credits on that prior sentence pursuant to ORS 421.121, but not during service of the qualifying 137.635 sentence.

(e) An inmate serving a sentence for a predicate conviction for a crime committed prior to November 1, 1989, may be eligible for statutory good time and extra good time credits on that prior sentence pursuant to ORS 421.120(1) and 421.122 and in accordance with the department's rule on Prison Term Modification, OAR 291-097.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; CD 5-1994, f. 2-18-94, cert. ef. 3-1-94; DOC 22-1998(Temp), f. & cert. ef. 12-23-98 thru 6-21-99; DOC 6-1999, f. 3-26-99, cert. ef. 4-1-99; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0115

ORS 137.750 (Sentences Imposed for Crimes Committed on or After December 5, 1996)

(1) Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after December 5, 1996, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, alternative incarceration program or program of conditional or supervised release.

(2) The Department of Corrections may consider the inmate for any form of temporary leave, sentence reduction credits, work release, alternative incarceration programs, or programs of conditional or supervised release, only upon order of the sentencing court appearing in the judgment.

(3) The Department of Corrections will not consider an inmate eligible for ORS 137.750 programming unless a sentencing court specifically orders, in writing, that the inmate is eligible for such program(s) in the judgment.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0120

ORS 161.610 Gun Minimums

(1) Pre-Sentencing Guidelines:

(a) Pursuant to ORS 161.610, inmates serving a sentence(s) for crime(s) committed prior to November 1, 1989, containing an 161.610 gun minimum incarceration term will begin the gun minimum incarceration term on the begin date of the sentence, less eligible time served credits.

(b) Inmates serving an ORS 161.610 minimum incarceration term shall not become eligible for work release or parole until the minimum incarceration term, less reductions for statutory good time, is served.

(c) Inmates shall be released upon completion of the ORS 161.610 minimum incarceration term, or upon the parole release date, whichever is longer.

(2) Sentencing Guidelines Sentences:

(a) Pursuant to ORS 137.637, inmates serving a sentence(s) for crime(s) committed on or after November 1, 1989, containing an 161.610 gun enhancement penalty shall have their sentence release date computed on the determinate sentence imposed less earned time under 421.121, or the presumptive sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer.

(b) Inmates serving an ORS 161.610 minimum incarceration term will not be eligible for work release, alternative incarceration programs, release on post-prison supervision or any form of temporary leave from custody during the service of the term of imprisonment in accordance with the department's rules on Prison Term Modification, OAR 291-097; Work Release Programs, OAR 291-149; Alternative Incarceration Programs, OAR 291-062 and Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips, OAR 291-063.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0130

Computation of "Inoperative Time"

(1) Pursuant to 137.370(2), time on escape or on "suspend" status from transitional leave outside a Department of Corrections or other assigned facility status will not be credited toward service of a department sentence.

(2) An inmate's service of a department sentence ceases on the date that the inmate escapes from a Department of Corrections or other assigned facility or on the date that transitional leave is suspended. A full day of credit will be given for the day of escape or for the day transitional leave is suspended. The inmate's sentence commences to run again on the date the inmate is incarcerated in an Oregon county jail with a full day of credit given for the day of incarceration in an Oregon county jail, with earned time calculated in accordance with OAR 291-097-0020(8). If Oregon county jail incarceration information cannot be obtained or verified by the department, the inmate's sentence commences to run again on the date the inmate is incarcerated in a Department of Corrections facility.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05; DOC 9-2006(T), f. & cert. ef. 8-7-06 thru 2-3-07; DOC 1-2007, f. 1-31-07, cert. ef. 2-1-07

291-100-0140

Computation of Sentences for Parole Violators

(1) Upon parole revocation, the suspend, revocation, and arrest dates provided by the Board of Parole and Post-Prison Supervision will be used by OISC staff to calculate new good time and maximum sentence expiration dates.

(2) A new sentence received by a parolee who has been returned to the Department of Corrections without revocation will be calculated in the same manner as a new commitment.

(3) Inmates paroled before September 13, 1975, who are revoked and returned to a Department of Corrections facility will not receive any credit toward their indeterminate sentence(s) for time served on parole prior to the revocation.

(4) Pursuant to former ORS 144.390 (repealed 1975 Oregon Laws, Chapter 589), inmates paroled on or after September 13, 1975, who are revoked and returned to a Department of Corrections intake facility will receive credit toward their indeterminate sentence for time served on parole prior to revocation, except inoperative time.

(5) Absconders from parole will cease to accrue time served on parole toward their indeterminate sentence as of the date of issuance of the parole suspend warrant. Parole time resumes upon arrest in Oregon for the abscond warrant. If the absconder is arrested out of state, parole time resumes upon return to the Department of Corrections intake facility or placement in an Oregon local correctional facility (as approved).

(6) All previously granted statutory good time and extra good time credits are forfeited upon revocation of parole.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0150

Release

(1) An inmate shall not be released from confinement in a Department of Corrections facility except as authorized in writing by an appropriate releasing authority.

(2) Inmates serving a sentence(s) for crime(s) committed on or after November 1, 1989, shall be released from confinement on that sentence(s) only upon completion of their incarceration term, or upon receipt and verification of:

(a) A court order or judgment requiring the inmate's release; or

(b) A commutation or pardon order issued by the Governor requiring the inmate's release.

(c) An order of release to post-prison supervision issued by the Board of Parole and Post-Prison Supervision for those sentences (in accordance with statutes) the Board has release authority over.

(3) Inmates serving a sentence(s) for crime(s) committed prior to November 1, 1989, shall be released from confinement on that sentence(s) only upon:

(a) Receipt and verification of:

(A) An order of parole release issued by the Board of Parole and Post-Prison Supervision; or

(B) An order of parole-like release six months prior to the inmate's good time date in the event an inmate refuses parole for crimes committed prior to September 20, 1985; or

(C) A court order or judgment requiring the inmate's release; or

(D) A commutation or pardon order issued by the Governor requiring the inmate's release.

(b) Discharge of sentence, upon:

(A) The good time date, when the good time date is reached on or before a parole release date set by the Board of Parole and Post-Prison Supervision; or

(B) The good time date, when the good time date is reached and the offender has refused parole, for crimes committed prior to September 20, 1985.

(C) Compelled parole pursuant to ORS 144.245(2) for crimes committed on or after September 20, 1985 and prior to November 1, 1989.

(4) OISC staff shall receive and distribute to the Department of Corrections facility having physical custody of the inmate, any verified court order or judgment requiring the inmate's release.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 2-2002(Temp), f. & cert. ef. 1-15-02 thru 7-14-02; DOC 9-2002, f. & cert. ef. 7-12-02; DOC 5-2005, f. & cert. ef. 4-13-05

291-100-0160

Adjusted Release Date

(1) Pursuant to ORS 137.375, when an inmate's release date falls on a Saturday, Sunday or legal holiday, the inmate shall be released at the discretion of the releasing authority, on the first, second, or third day preceding the date of release which is not a Saturday, Sunday or legal holiday. The inmate may be released on the Wednesday or Thursday immediately prior to the release date if the release date interferes with community supervision or transitional planning.

(2) Approval Process: To request an adjusted release, the following process will occur:

(a) The institution counselor shall send the release plan/packet to the county community corrections office when the inmate has no less than 90 days remaining prior to their scheduled release. If the institution counselor determines a Friday release could be problematic, he/she will note this on the release plan/packet with a brief explanation why; i.e., bus schedule. The institution counselor shall document all early release actions in the computer system.

(b) Upon receiving the release plan/packet, community corrections staff shall request an early release by submitting a written request to the institution counselor when there is no less than 60 days remaining prior to the projected release date. In the written request, community corrections staff shall indicate a preferred release date (Wednesday or Thursday), briefly explain circumstances that make the release date problematic, briefly describe why the release date may interfere with community supervision or transitional planning, and briefly describe a plan for receiving the inmate. Community corrections staff should document all early release actions in the computer system (chronos).

(c) Upon receiving an adjusted release request from community corrections staff, the institution counselor shall submit a Release Date Adjustment form (CD 1417) to the designated Central Office staff for approval within 14 days of receiving the request from the county community corrections. The institution counselor shall document in the computer system (chronos) that an early release request was received from community corrections staff and a Release Date Adjustment form was submitted to Central Office.

(d) Upon receiving an adjusted release request from an institution counselor, the designated Central Office staff shall respond to the institution counselor within seven days of receiving the request. Realizing that situations change, requests not received within the above timeframes will be considered on a case-by-case basis.

(3) Communication Process:

(a) Upon approval of the requested adjusted release by the designated Central Office staff, the institution counselor will notify the county community corrections office, Board of Parole and Post-Prison Supervision, and inmate of the new release date. The counselor will also notify OISC of the new release date by providing the facility's OISC institution office with a copy of the approved Release Date Adjustment form.

(b) If the adjusted release is denied by the designated Central Office staff, the institution counselor will notify the county community corrections office and inmate of the denial and provide the facility's OISC institution office with a signed copy of the denied Release Date Adjustment form.

(c) If a release date changes and there is no longer a need for an adjusted release date, the designated Central Office staff will write "canceled" across the top of the Adjusted Release Date form and send a copy to the institution counselor who will forward a copy to the county community corrections office, Board of Parole and Post-Prison Supervision, inmate, and the facility's OISC institution office.

Stat. Auth.: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Hist.: DOC 5-2005, f. & cert. ef. 4-13-05

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