Current through Register Vol. 63, No. 9, September 1, 2024
(1) Pursuant to
ORS 421.121, AICs with eligible
crimes committed on or after July 1, 2011 and through June 30, 2013, may earn
sentence reduction credits up to 30 percent of the total sentencing guidelines
prison term imposed for acceptable participation in case plan requirements and
for maintaining appropriate institution conduct, except for AICs:
(a) Serving a sentence subject to ORS
137.635;
(b) Serving presumptive sentences or required
incarceration terms under ORS
161.737;
(c) Serving statutory minimum sentences under
ORS 137.700 or
137.707;
(d) Serving a presumptive sentence under ORS
137.719;
(e) Subject to ORS
137.750 and whose judgment does
not state that the AIC may be considered for sentence reductions;
(f) Serving time as a sanction for violation
of conditions of post-prison supervision;
(g) Serving a mandatory minimum incarceration
term of 90 days under ORS
813.011(3) for
Felony Driving under the Influence of Intoxicants under ORS
813.010(5)(a)
and ORS 813.011 committed on or after
December 2, 2010; or
(h) Subject
to any other Oregon statutes restricting earned time credits.
(2) If otherwise eligible for
earned time, the maximum amount of earned time credits may not exceed 20
percent of the total term of incarceration for crimes in which:
(a) The judgment states earned time may not
exceed 20 percent;
(b) The AIC is
convicted of an offense that was committed less than five years after the AIC
completed serving a sentence for:
(A) A
person felony; or
(B) A crime
described in paragraph (e) of this subsection;
(c) The AIC is convicted of a person
felony;
(d) The AIC is convicted of
an offense involving the use or threatened use of a firearm; or
(e) The AIC is convicted of any of the
following crimes:
(A) Subjecting another
person to involuntary servitude in the second degree under ORS
163.263;
(B) Subjecting another person to involuntary
servitude in the first degree under ORS
163.264;
(C) Trafficking in persons under ORS
163.266;
(D) Coercion under ORS
163.275;
(E) Online sexual corruption of a child in
the second degree under ORS
163.432;
(F) Online sexual corruption of a child in
the first degree under ORS
163.433;
(G) Aggravated theft in the first degree
under ORS 164.057, if:
(i) The victim of the theft was 65 years of
age or older at the time of the commission of the offense; and
(ii) The value of the property stolen from
the victim described in sub-subparagraph (i) of this subparagraph, in a single
or aggregate transaction, is $10,000 or more;
(H) Treason under ORS
166.005;
(I) Abuse of a corpse in the second degree
under ORS 166.085;
(J) Racketeering activities under ORS
166.720;
(K) Luring a minor under ORS
167.057;
(L) Assaulting a law enforcement animal under
ORS 167.339;
(M) A sex crime as defined in ORS
163A.005(5)
(former 181.594 and 181.805);
(N)
Causing another person to ingest a controlled substance under ORS
475.908;
(O) Applying a controlled substance to the
body of another person under ORS
475.910;
(P) Driving while under the influence of
intoxicants under ORS
813.010(5);
or
(Q) An attempt, conspiracy or
solicitation to commit an offense described in this paragraph or in paragraph
(c) or (d) of this subsection.
(3) As used in this section:
(a) "Completed serving a sentence" includes
the completion of any term of probation, parole or post-prison
supervision.
(b) "Person felony"
has the meaning given that term in the rules of the Oregon Criminal Justice
Commission.
(4) Pursuant
to ORS 475.930(2) and
as outlined in OAR 291-097-0235, for eligible
crimes committed on or after January 1, 2009, the maximum amount of earned time
credits may not exceed 20 percent of the total term of incarceration if serving
a sentence imposed under ORS
164.061,
475.907,
475.924 or
475.925.
(5) In determining whether an AIC will
receive earned time credits for the review period under consideration, AIC
performance will be evaluated in two areas: half credit for compliance with the
case plan and half credit for maintaining appropriate institution conduct. The
only possible determination for each area is noncompliance or compliance.
Statutory/Other Authority: ORS
137.635,
144.108,
144.110,
161.610,
179.040,
421.120 -
421.122,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
137.635,
144.108,
144.110,
161.610,
179.040,
421.120 -
421.122,
423.020,
423.030 &
423.075
