Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE
Section 291-100-0080 - Credit for Pre-sentence Time Served (ORS 137.370)
Universal Citation: OR Admin Rules 291-100-0080
Current through Register Vol. 63, No. 3, March 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 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. 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 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 crime for
which the sentence is imposed . A conviction for a lesser included offense may
receive presentence time while confined on the greater inclusive crime. 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 and then verified by OISC (for example, days certified
when the inmate was not actually confined in that county's jail cannot be
applied).
(b) For Sentences Imposed
on or after August 1, 2015: An inmate 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 imposed.
(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 only the first of multiple
consecutive sentences unless different dates are indicated for the consecutive
sentences.
(d) 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.
(e) 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.
(f) Pursuant to
ORS
137.370(4):
(A) For sentences imposed prior to August 1,
2015, 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.
(B) For sentences imposed on or after August
1, 2015, 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 unless the
court expressly orders otherwise.
(g) 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.
(h) 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.
Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.050, 421, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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