Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE
Section 291-100-0110 - ORS 137.635 (Ballot Measure 4 Sentences)
Universal Citation: OR Admin Rules 291-100-0110
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Prior Convictions for ORS 137.635 Predicate Crimes:
(a) For purposes of ORS
137.635,
an inmate has a prior conviction for an ORS
137.635
predicate crime if the inmate committed and was previously convicted for one of
the crimes listed in ORS
137.635
prior to the commission of an ORS
137.635
crime for which the inmate is currently sentenced.
(b) A prior conviction for an ORS
137.635
predicate crime may have occurred either before, or on or after January 1,
1990, the effective date of ORS
137.635.
(c) A prior conviction for an ORS
137.635
predicate crime may be a prior conviction from another state or federal
jurisdiction that is the equivalent of a listed ORS
137.635
felony crime.
(d) Determination of
a prior conviction for an ORS
137.635
predicate crime:
(A) For crimes committed on
or after January 1, 1990 with judgments entered prior to August 23, 1993, OISC
staff will determine whether an inmate has a qualifying prior conviction for an
ORS
137.635
predicate crime and whether an inmate is subject to the sentencing provisions
of ORS
137.635.
If a prior conviction for an ORS
137.635
predicate crime is from another state or federal jurisdiction, OISC staff will
obtain documents necessary to verify that the elements of the predicate felony
crime for which the inmate was previously convicted are identical to the
elements of one or more of the ten felony crimes listed in ORS
137.635.
(B) For crimes committed on or after January
1, 1990 with judgments entered on or after August 23, 1993, the court will
determine whether an inmate has a qualifying prior conviction for an ORS
137.635
predicate crime and whether an inmate is subject to the sentencing provisions
of ORS
137.635.
(2) Qualifying ORS 137.635 Convictions:
(a) An inmate who is currently
convicted of one or more ORS
137.635
crimes committed on or after January 1, 1990, who is sentenced by the court to
a determinate sentence and who has a prior conviction for an ORS
137.635
predicate crime is subject to the sentence computation requirements of ORS
137.635
on the qualifying second or repeat conviction.
(b) An inmate who receives two or more
qualifying ORS
137.635
convictions arising out of the same criminal episode (e.g., convictions are
separate counts in the same criminal case, convictions arise in the same court
appearance), is not subject to an ORS
137.635
sentence as a result of the convictions, unless the inmate has a prior
conviction for an ORS
137.635
predicate crime.
(3) Sentence Computation of ORS 137.635 Sentences:
(a) The incarceration term of a
current determinate ORS
137.635
sentence is determined by the court as indicated in the judgment committing the
offender to the legal and physical custody of the Department of
Corrections.
(b) An inmate that is
determined to be subject to an ORS
137.635
sentence shall serve the entire incarceration term of the sentence imposed by
the court, and is not eligible to earn sentence reduction credits (i.e., earned
time) during service of the qualifying ORS
137.635
sentence.
(c) An inmate that is
determined to be subject to an ORS
137.635
sentence is not eligible for parole, earned time, work release, alternative
incarceration programs, release on post-prison supervision or any form of
temporary leave from custody, including medical leave, during the service of
the term of imprisonment in accordance with ORS
137.635,
and the department's rules on Prison Term Modification, OAR
291-097; Work Release Programs, OAR 291-149; Alternative
Incarceration Programs, OAR 291-062; and Short-Term Transitional
Leaves, Emergency Leaves and Supervised Trips, OAR 291-063.
(d) An inmate serving a sentence for a
predicate conviction for a crime committed on or after November 1, 1989, may be
eligible for earned time credits on that prior sentence pursuant to ORS
421.121,
but not during service of the qualifying ORS
137.635
sentence.
(e) An inmate serving a
sentence for a predicate conviction for a crime committed prior to November 1,
1989, may be eligible for statutory good time and extra good time credits on
that prior sentence pursuant to ORS
421.120(1)
and
421.122
and in accordance with the department's rule on Prison Term
Modification, OAR 291-097.
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
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