Current through Register Vol. 63, No. 9, September 1, 2024
(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 AIC. Time
served must be certified by the custodial authority.
(2) It is the AIC's responsibility to direct
inquiries to OISC regarding pre-sentence time served certified by the county if
they believe it does not include all the time they were confined in that
county's jail. Forms for this purpose will be available at the institution law
library.
(3) Pursuant to ORS
137.320(3) and
137.370:
(a) For Sentences Imposed Prior to August 1,
2015: An AIC 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 crime for which the
sentence is imposed. A conviction for a lesser included offense may receive
pre-sentence time while confined on the greater inclusive crime. Credit will be
given only for the pre-sentence time the AIC 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 and then verified by OISC (for example, days certified when the AIC
was not actually confined in that county's jail cannot be applied).
(b) For Sentences Imposed on or after August
1, 2015: An AIC will receive time served credit only for the actual number of
days confined by any authority after the arrest for the crime for which
sentence is imposed; a lesser or greater inclusive offense of the crime for
which sentence was imposed; and any other crime constituting a violation of
Oregon law within the same county if designated by the sentencing court in the
judgment as having been committed as part of the same criminal episode as the
crime for which sentence was impose.
(c) An AIC 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.
(d) An AIC 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.
(e) An AIC will not receive time served
credit for the time the AIC 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.
(f) Pursuant to ORS
137.370(4):
(A) For a sentence imposed prior to August 1,
2015, an AIC will not receive time served credit on a department sentence for
time served in jail if that person also was confined as the result of a
sentence for a crime or conduct that is not directly related to the crime for
which the sentence is imposed, or for violation of the conditions of probation,
parole, or post-prison supervision.
(B) For a sentence imposed on or after August
1, 2015, unless the sentencing court orders otherwise, an AIC will not receive
time served credit on a department sentence for time served in jail if that
person also was confined as the result of a sentence for a crime or conduct
that is not directly related to the crime for which the sentence is imposed, or
for violation of the condition of probation, parole, or post-prison
supervision, unless the court expressly orders otherwise.
(g) An AIC 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 or detainer.
(h) An AIC 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.
Statutory/Other Authority: ORS 137, 144,
161.620,
179.040, 421,
423.020,
423.030,
423.075, Oregon Laws 1995,
Chapter 657, section 20 & Oregon Laws 2015, Chapter 508, section 1
Statutes/Other Implemented: ORS 137, 144,
161.610,
179.040, 421,
423.020,
423.030 &
423.075
