Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 209 - EARNED DISCHARGE
Section 291-209-0030 - Procedures

Universal Citation: OR Admin Rules 291-209-0030

Current through Register Vol. 63, No. 9, September 1, 2024

(1) A person is not eligible for earned discharge under subsection (2) of these rules if the person is serving:

(a) A sentence for a crime described in:
(A) ORS 163.095 (Aggravated, Attempted Aggravated, or Conspiracy to Commit Aggravated Murder);

(B) ORS 163.107 (Murder I, Attempted Murder 1, or Conspiracy to Commit Murder 1);

(C) ORS 163.115 (Murder II, Attempted Murder II, or Conspiracy to Commit Murder II);

(D) ORS 163.118 (Manslaughter I);

(E) ORS 163.125 (Manslaughter II);

(F) ORS 163.149 (Aggravated Vehicular Homicide);

(G) ORS 163.185 (Assault I);

(H) ORS 163.225 (Kidnapping II);

(I) ORS 163.235 (Kidnapping I);

(J) ORS 163.365 (Rape II);

(K) ORS 163.375 (Rape I);

(L) ORS 163.395 (Sodomy II);

(M) ORS 163.405 (Sodomy I);

(N) ORS 163.408 (Unlawful Sexual Penetration II);

(O) ORS 163.411 (Unlawful Sexual Penetration I);

(P) ORS 163.427 (Sexual Abuse I);

(Q) ORS 163.670 (Use of a Child in Display of Sexually Explicit Conduct);

(R) ORS 164.325 (Arson I);

(S) ORS 164.415 (Robbery I); or

(T) ORS 167.017 (Compelling Prostitution);

(b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095, 163.107, or 163.115;

(c) A sentence for a crime committed prior to November 1, 1989;

(d) A sentence imposed under the provisions of ORS 161.610 (Enhanced Penalty for Use of a Firearm During Commission of a Felony);

(e) A sentence imposed under the provisions of ORS 161.725 (Standard for Sentencing of Dangerous Offenders) or 161.735 (Procedure for Determining Whether Defendant Dangerous);

(f) A sentence imposed under the provisions of ORS 137.635 (Determinate Sentences Required for Certain Felony Convictions);

(g) A sentence imposed under the provisions of:
(A) ORS 137.690 (Major Felony Sex Crime);

(B) ORS 164.061 (Sentence for Aggravated Theft I When Victim is 65 Years of Age or Older);

(C) ORS 475.907 (Sentencing for Unlawful Delivery of Cocaine, Methamphetamine, Heroin, or Ecstasy to Minors);

(D) ORS 475.925 or 475.930 (Sentences for Certain Controlled Substance Offenses); or

(E) ORS 813.011 (Felony Driving Under the Influence of Intoxicants); or

(h) A term of supervision subject to ORS 144.103.

(2) The maximum reduction earned under this rule may not exceed 50 percent of the period of supervision imposed.

(3) A reduction may not be used to shorten the period of supervision to less than six months.

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137.633, 179.040, 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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