Current through Register Vol. 63, No. 12, December 1, 2024
(1) Pursuant to ORS
475.930(2), 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 for any of the following crimes:
(a) Aggravated Theft I under ORS 164.057 if
the victim is at least 65 years of age (per ORS 164.061);
(b) Unlawful Delivery or Manufacture of a
Schedule I Controlled Substance under former ORS 475.840(1)(a) or 475.752(1)(a)
if the controlled substance and quantities are as follows:
(A) Heroin of 50 grams or more; or
(B) 3,4-Methylenedioxymethamphetamine
(MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or
capsules.
(c) Unlawful
Delivery or Manufacture of a Schedule II Controlled Substance under former ORS
475.840(1)(b) or 475.752(1)(b) if the controlled substance and quantities are
as follows:
(A) Cocaine of 100 grams or more;
or
(B) Methamphetamine of 100 grams
or more.
(d) Unlawful
Delivery or Manufacture of a Controlled Substance within 1000 Feet of a School
under ORS 475.904 if the controlled substance and quantities are as follows:
(A) Heroin of 50 grams or more;
(B) 3,4-Methylenedioxymethamphetamine
(MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or
capsules;
(C) Cocaine of 100 grams
or more; or
(D) Methamphetamine of
100 grams or more;
(e)
Unlawful Delivery of a Schedule I or II Controlled Substance to a Minor under
ORS 475.906(1) if the controlled substance is Heroin,
3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy), Cocaine or
Methamphetamine;
(f) Unlawful
Delivery of Cocaine to a Minor under ORS 475.880(3);
(g) Unlawful Delivery of Methamphetamine to a
Minor under ORS 475.890(3);
(h)
Unlawful Manufacture of Heroin under ORS 475.846 if 50 grams or more;
(i) Unlawful Manufacture of Heroin within
1000 Feet of a School under ORS 475.848 if 50 grams or more;
(j) Unlawful Delivery of Heroin under ORS
475.850 if 50 grams or more;
(k)
Unlawful Delivery of Heroin within 1000 Feet of a School under ORS 475.852 if
50 grams or more;
(l) Unlawful
Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS
475.866 if 50 grams or more or 250 pills, tablets or capsules;
(m) Unlawful Manufacture of
3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School
under ORS 475.868 if 50 grams or more or 250 pills, tablets or
capsules;
(n) Unlawful Delivery of
3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.870 if 50 grams
or more or 250 pills, tablets or capsules;
(o) Unlawful Delivery of
3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School
under ORS 475.872 if 50 grams or more or 250 pills, tablets or
capsules;
(p) Unlawful Manufacture
of Cocaine under ORS 475.876 if 100 grams or more;
(q) Unlawful Manufacture of Cocaine within
1000 Feet of a School under ORS 475.878 if 100 grams or more;
(r) Unlawful Delivery of Cocaine under ORS
475.880(2) if 100 grams or more;
(s) Unlawful Delivery of Cocaine within 1000
Feet of a School under ORS 475.882 if 100 grams or more;
(t) Unlawful Manufacture of Methamphetamine
under ORS 475.886 if 100 grams or more;
(u) Unlawful Manufacture of Methamphetamine
within 1000 Feet of a School under ORS 475.888 if 100 grams or more;
(v) Unlawful Delivery of Methamphetamine
under ORS 475.890(2) if 100 grams or more;
(w) Unlawful Delivery of Methamphetamine
within 1000 Feet of a School under ORS 475.892 if 100 grams or more
(2) For crimes described in
subsections (e)-(g) above, section (1) does not apply to a person who is less
than three years older than the person under 18 years of age to whom the
controlled substance was delivered, unless the person has a previous conviction
for Delivery of Cocaine, Methamphetamine, Heroin or
3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) to a person under 18 years of
age.
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
