Time credits previously earned or applied will be retracted as follows:

1. (1) The AIC is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the AIC's right to a hearing, and the disciplinary order directs that earned time credits earned or applied be forfeited in accordance with the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

   1. (a) A recommendation for retraction of earned time shall be within the range corresponding to the violation level as set forth in Table 1.
   2. (b) A recommendation for retraction of earned time credits may not exceed the amount previously applied, including any amount credited to the AIC for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010.

2. (2) Failure to comply with the case plan during the final review period will result in a retraction of the portion of the earned time credits for program compliance advanced at the beginning of the final review period. The OISC staff will document the retraction on the Earned Time Computation form (CD 1154D).

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

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
Renumbered from 291-097-0025 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0025 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 7-2011, f. & cert. ef. 4-8-11
DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11
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