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