Current through Register Vol. 63, No. 9, September 1, 2024
(1) Case plan compliance is defined as
acceptable participation in work and self-improvement programs required within
the case plan. The required activities within the case plan are determined by
ongoing assessment and evaluation, which begins at the inception of the AIC
prison term.
(a) An AIC will be considered to
be compliant if they were not failed from the required program activity during
the review period under consideration, nor did the AIC refuse to participate in
required programming during the review period under consideration.
(b) As needed, the counselor or
multi-disciplinary team will evaluate an AIC's compliance with the required
program activity.
(c) If the AIC's
counselor or multi-disciplinary team determines the AIC is non-compliant with
the case plan, they will approve a program failure for documentation in the
AIC's computer record.
(2) Institution conduct compliance is defined
as maintaining Level I or Level II major misconduct-free behavior during the
review period. Major misconduct is documented in accordance with the
department's rules on Prohibited Conduct and Processing Disciplinary
Actions (OAR 291-105). Any finding of a Level I or Level II major
misconduct violation during the review period will be considered as
noncompliance. The date of the adjudication, not of the incident, will be used
for the date of the violation.
(3)
At the end of each review period, the OISC staff will review the AIC's computer
records for information reflecting the AIC's compliance with the current case
plan and institution conduct. Based on the information contained in the AIC's
computer records, the OISC staff will apply either:
(a) An effective 0, 10, or 20 percent
reduction to the sentencing guidelines sentence proportional for the review
period under consideration for sentences eligible for a maximum of 20% earned
time, or
(b) An effective 0, 15,
or 30 percent reduction to the sentencing guidelines sentence proportional for
the review period under consideration for sentences eligible for a maximum of
30% earned time.
(4) For
AICs housed in non-Oregon Department of Corrections facilities, the staff, as
designated by the Correctional Services Division will review the AIC's
institution file including any reports received from the housing facility to
determine compliance with the current case plan and institution conduct.
(a) Case plan compliance will be determined
by the AIC's reported compliance with requirements as determined by Department
staff or the housing facility staff.
(b) Due process comparable to the
department's rules on Prohibited Conduct and Processing Disciplinary
Actions (OAR 291-105) shall be applied. Institution conduct
non-compliance will be determined by substituting the rule of prohibited
conduct, for the rule violated at the housing facility, with the most
equivalent charges as defined in the department's rules on Prohibited
Conduct and Processing Disciplinary Actions (OAR 291-105). The
functional unit manager or designee may impose sanctions, in addition to that
imposed by the housing facility, related to sentence reductions.
(5) For each review period under
consideration for AICs housed in Department of Corrections facilities, the OISC
staff will list the reasons for applying or not applying earned time credits
and record the corresponding percentage of earned time applied to the AIC's
sentence on the Earned Time Computation Form (CD 1154D).
(6) For AICs housed in non-Oregon Department
of Corrections facilities, the staff, as designated by the Correctional
Services Division, will list the reasons for applying or not applying earned
time credits and record the corresponding percentage of earned time applied on
the Earned Time Computation Form (CD 1154D).
(7) Upon the application of earned time
credits toward an AIC's sentence for the review period under consideration, the
OISC Unit will re-compute the AIC's new earned time release date, file the
Earned Time Computation Form (CD 1154D) in the institution file, and provide a
copy of the determination to the AIC.
(8) Determination of Earned Time Credits
During Pre-sentence Incarceration: For crimes committed on or after November 1,
1989, earned time credits will be computed for the period in which an AIC is in
custody in a non-Department of Corrections facility prior to sentencing and
admission to the Department of Corrections, based solely on the AIC's conduct
in the facility.
(a) Conduct compliance will
be assumed, unless the Department receives documentation of adjudicated
misconduct from the facility.
(A) For
sentences eligible for a maximum of 20% earned time credits, the AIC will be
granted an effective 0 or 20 percent reduction toward the sentencing guidelines
sentence proportional for the length of pre-sentence incarceration.
(B) For sentences eligible for a maximum of
30% earned time credits, the AIC will be granted an effective 0 or 30 percent
reduction toward the sentencing guidelines sentence proportional for the length
of pre-sentence incarceration.
(b) Any verified major misconduct equivalent
to a Level I or Level II major misconduct violation as defined in the
department's rules on Prohibited Conduct and Processing Disciplinary
Actions (OAR 291-105) during any of the pre-sentence incarceration
credits applied to the sentence will result in an effective 0 percent reduction
toward the sentencing guidelines sentence proportional for the total length of
pre-sentence incarceration. The date of the adjudication, not of the incident,
will be used for the date of the violation.
(9) If the AIC escapes, the OISC staff will
close out the current earned time review period, changing the current review
period to end the day after escape. An AIC that is returned from an escape to a
Department of Corrections facility will have the starting date of the new
earned time credit cycle begin with the date of return. The escape will
constitute a program failure for the period up to the escape.
(10) Alternative Incarceration Program:
(a) If, during any review period, the AIC is
assigned to an Alternative Incarceration Program, the AIC will be considered as
participating in the case plan. If the AIC, for sufficient justification as
determined by the functional unit manager's committee, is unsuccessful and
fails to complete any portion of the program or requests to be voluntarily
removed, the AIC will be considered noncompliant with the case plan and receive
a program failure during that review period.
(b) If the AIC fails to successfully complete
the non-prison leave granted through the Alternative Incarceration Program, the
AIC will be considered a program failure and non-compliant with institution
conduct for the length of the AIC's non-prison leave. The failure to
successfully complete the non-prison leave will not result in a retraction of
the portion of earned time credits for program compliance advanced at the
beginning of the final review period as outlined in OAR
291-097-0250(2).
(11) Determination of
earned time credits for AICs on short-term transitional leave:
(a) Earned time credits will be computed for
the period in which an AIC is serving the remainder of their sentencing
guidelines term of incarceration on short-term transitional leave (OAR
291-063).
(A) Institution conduct and case
plan compliance will be assumed while an AIC is released on short-term
transitional leave.
(B) Earned
time credits for the period on transitional leave will be applied at a rate of
20 percent or 30 percent, in accordance with the applicable rate for the
sentence at the time of release onto short-term transitional leave.
(b) A revocation of an AIC's
short-term transitional leave is deemed non-compliance with the AIC's case plan
and non-compliance with institution conduct. Upon revocation of short-term
transitional leave, an AIC will receive an effective 0 percent reduction for
case plan compliance and 0 percent reduction toward the sentencing guidelines
sentence for institutional conduct proportional for the length of the AIC's
short-term transitional leave.
(c)
The failure to successfully complete the short-term transitional leave will not
result in a retraction of the portion of earned time credits for program
compliance advanced at the beginning of the final review period as outlined in
OAR 291-097-0250(2).
(12) If all of an AIC's
sentence(s) is vacated, reversed and remanded for new trial, or conviction
affirmed and remanded for resentencing, the OISC staff will close out the
current earned time review period to end the day after release to the
sentencing court. An AIC that is returned on a resentence will start a new
review period, effective the date of return to a Department of Corrections
facility. The new earned time credit cycle date will be reflected on the AIC's
facesheet.
(13) Determination of
earned time credits for AICs serving the remainder of a sentencing guidelines
sentence on conditional release (Second Look):
(a) Earned time credits will be computed for
the period in which an AIC is serving the remainder of their sentencing
guidelines term of incarceration in the community on conditional release, based
solely on the AIC's compliance with their conditional release plan.
(b) Earned time credits for the period on
conditional release (Second Look) will be applied at a rate of 20 percent or 30
percent, in accordance with the applicable rate for the sentence at the time of
release onto conditional release (Second Look).
(c) Conduct compliance will be assumed unless
the AIC's conditional release is revoked by the sentencing court.
(d) Any suspension or revocation of an AIC's
conditional release prior to the AIC reaching their projected earned time date
will result in an effective 0 percent reduction in the sentencing guidelines
prison term for the length of the AIC's sentence being served in the community
on conditional release.
(14) If an AIC is incarcerated in an Oregon
county jail prior to the AIC's return to a Department of Corrections facility
following an escape, second look conditional release revocation, or violation
of short-term transitional leave or non-prison leave, earned time credits will
be computed for the period in which the AIC is in custody based solely on the
AIC's conduct in the county jail. If an AIC is incarcerated in an Oregon county
jail, serving a jail sanction imposed by the courts as a result of a second
look conditional release suspension, earned time credits will be computed for
the period in which the AIC is in custody based solely on the AIC's conduct in
the county jail.
(a) Conduct compliance will
be assumed, unless the Department receives documentation of adjudicated
misconduct from the facility.
(A) For
sentences eligible for a maximum of 20% earned time credits, the AIC will be
granted an effective 0 or 20 percent reduction toward the sentencing guidelines
sentence proportional for the length of incarceration.
(B) For sentences eligible for a maximum of
30% earned time credits, the AIC will be granted an effective 0 or 30 percent
reduction toward the sentencing guidelines sentence proportional for the length
of incarceration.
(b)
Any verified major misconduct equivalent to a Level I or Level II major
misconduct violation as defined in the Department's rule on Prohibited
Conduct and Processing Disciplinary Actions (OAR 291-105) during the
incarceration will result in an effective 0 percent reduction toward the
sentencing guidelines sentence proportional for the length of incarceration.
The date of the adjudication, not of the incident, will be used for the date of
the violation.
(15) Work
Release: A revocation of an AIC's work release is deemed noncompliant with the
AIC's case plan.
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
