Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE
Section 291-100-0120 - ORS 161.610 Use of Firearm (Gun) Minimums
Universal Citation: OR Admin Rules 291-100-0120
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Pre-Sentencing Guidelines:
(a) Pursuant to ORS
161.610, AICs serving a
sentence(s) for crime(s) committed prior to November 1, 1989 containing an ORS
161.610 minimum incarceration
term will begin the minimum incarceration term on the begin date of the
sentence, less eligible time served credits.
(b) AICs serving a minimum incarceration term
pursuant to ORS 161.610 shall not become
eligible for work release or parole until the minimum incarceration term, less
reductions for statutory good time, is served.
(c) AICs shall be released upon completion of
the minimum incarceration term pursuant to ORS
161.610, or upon the parole
release date, whichever is longer.
(2) Sentencing Guidelines Sentences:
(a) Pursuant to ORS
137.637, AICs serving a
sentence(s) for crime(s) committed on or after November 1, 1989 containing an
ORS 161.610 enhancement penalty
shall have their sentence release date computed on the determinate sentence
imposed less earned time under ORS
421.121, or the presumptive
sentence as provided by the rules of the Oregon Criminal Justice Commission,
whichever is longer.
(b) AICs
serving a minimum incarceration term pursuant to ORS
161.610 will not be eligible for
work release, alternative incarceration programs, release on post-prison
supervision or any form of temporary leave from custody during the service of
the term of imprisonment in accordance with the department's rules on Prison
Term Modification (OAR 291-097); the department's rules on Work Release
Programs (OAR 291-149); the department's rules on Alternative Incarceration
Programs (OAR 291-062); and the department's rules on Short-Term Transitional
Leaves, Emergency Leaves and Supervised Trips (OAR 291-063).
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, 179.040, 421, 423.020, 423.030 & 423.075
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