Or. Admin. R. 291-097-0236 – Earned Time Credits for Life Sentences for Aggravated Murder, Murder in the First Degree and Murder in the Second Degree (formerly Murder for sentences imposed prior to September 29, 2019) (ORS 163.105, 163.107 and 163.115)

(1) Earned Time Credits for Life Sentences for Murder and Aggravated Murder committed on or after November 1, 1989 and prior to July 1, 2015:
1. (a) Life sentences for Murder and Aggravated Murder are not eligible for earned time unless otherwise eligible as outlined in OAR 291-097-0215 through 291-097-0231.
2. (b) Life sentences for Murder and Aggravated Murder otherwise eligible for earned time are limited to 20% earned time pursuant to ORS 421.121.
3. (c) Life sentences for Murder and Aggravated Murder are not eligible for earned time until and unless the Board of Parole and Post-Prison Supervision sets the initial prison term.
4. (d) For Life Sentences for Murder and Aggravated Murder otherwise eligible for Earned Time Credits:
  1. (A) OISC will provide the calculated earned date to the Board of Parole and Post-Prison Supervision only after the initial prison term has been established;
  2. (B) OISC’s calculation of earned time on the initial prison term will not generate either a “parole release date” or a “projected earned time release date” on the life sentence as the parole release date is still determined by the Board of Parole and Post-Prison Supervision;
  3. (C) OISC will not calculate earned time on any deferral periods after the initial prison term has been established;
  4. (D) OISC will not calculate earned time on any post-prison supervision revocation sanctions;
  5. (E) OISC will not capture or record earned time on the AIC’s electronic facesheet; and
  6. (F) Earned time calculated on the initial prison term may be retracted pursuant to OAR 291-105.
(2) Life Sentences for Murder I, Murder II (formerly Murder) and Aggravated Murder committed on or after July 1, 2015 are not eligible for earned time pursuant to ORS 421.121.

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