1. (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120, 421.121, 421.122, 423.020, 423.030 and 423.075.
2. (2) The purpose of this rule is to establish procedures for calculating, applying, retracting, and restoring earned time, statutory good time and extra good time credits, and for recommending modifications of parole release dates to the Board of Parole and Post-Prison Supervision, for AICs sentenced for crimes committed on or after November 1, 1989 (sentencing guidelines), and for AICs sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines).

3. (3) Policy:

   1. (a) It is the policy of the Department of Corrections that AICs serving sentences for crimes committed on or after November 1, 1989 (sentencing guidelines), may be considered for a reduction in their term of incarceration pursuant to ORS 421.121, as set forth in these rules.

      1. (A) AICs sentenced under sentencing guidelines may be eligible to earn sentence reduction credits (earned time credits) up to a maximum of 20 percent or 30 percent of each sentencing guidelines sentence, pursuant to ORS 421.121, as set forth in these rules.
      2. (B) Earned time credits are designed to provide incentive for appropriate institutional behavior, program participation, and for certain AICs, obtaining 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.
   2. (b) It is the policy of the Department of Corrections that AICs serving sentences for crimes committed prior to November 1, 1989 (pre-sentencing guidelines sentences), may be eligible for prison term reduction credits (statutory good time and extra good time credits) pursuant to ORS 421.120, as set forth in these rules.
   3. (c) It is the policy of the Department of Corrections that AICs sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines sentences), may be eligible to receive a recommendation from the Department to the Board of Parole and Post-Prison Supervision that the AIC receive prison term reduction credits for an earlier date, as set forth in these rules.
   4. (d) It is the policy of the Department of Corrections to develop case plans on all AICs assigned to a Department of Corrections facility.
   5. (e) It is the policy of the Department of Corrections to not calculate earned time for boarders from another state or those AICs serving only pre-sentencing guidelines sentences.

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

History

DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
Renumbered from 291-097-0005 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0005 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90