Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 97 - PRISON TERM MODIFICATION
Section 291-097-0245 - Earned Time Credit for Education or Apprenticeship Certifications

Universal Citation: OR Admin Rules 291-097-0245

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

(1) Pursuant to ORS 421.121 and this rule, consideration for earned time credit may also be given for crimes committed prior to July 1, 2015 for an AIC who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010, on or after January 1, 2010.

(2) Determination of Earned Time Credits for Education or Apprenticeship Certifications:

(a) AICs who obtain a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 prior to January 1, 2010 or whose crime was committed on or after July 1, 2015 are not eligible to be considered for earned time credits for education or apprenticeship certifications.

(b) Subject to OAR 291-097-0250 (Retraction of Earned Time Credits), 291-097-0255 (Restoration of Earned Time Credits), and 291-097-0260 (Determination of Earned Time Credits During Final Review Period for Sentencing Guidelines Sentences), at the time an AIC obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010 and whose crime was committed prior to July 1, 2015, the OISC staff will apply the amount of earned time credits, not to exceed 60 days, to the amount of earned time credits actually received by the AIC for either maintaining appropriate institution conduct or compliance with their case plan, in order to bring the AIC's total earned time credits up to the amount of earned time credits the AIC would have received if the AIC maintained appropriate institution conduct and was in full compliance with their case plan as of the date the AIC obtained the education or apprenticeship certification.
(A) The department may apply up to 60 days earned time credits for education or apprenticeship certifications toward prior earned time not credited to the sentence due to adjudicated misconduct during the pre-sentence incarceration or while an AIC is incarcerated in an Oregon county jail prior to the AIC's return to a Department of Corrections facility following an escape, revocation of second look conditional release, or violation of short-term transitional leave or non-prison leave, or toward non-compliance with institutional conduct or the case plan, and toward earned time previously retracted during the service of the sentence.

(B) In no event will an AIC be credited with more earned time credits than the amount of earned time credits the AIC would have received toward the sentence if the AIC maintained appropriate institutional behavior and was in full compliance with their case plan as of the date the AIC obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.

(C) The earned time credits for education or apprenticeship certifications may not be applied to a sentence whose prison term reached its earned time release date prior to the date the AIC obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.

(D) An AIC may be credited with multiple education or apprenticeship certifications as long as no individual sentence receives more than 60 days total earned time credit for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.

(E) The date the AIC successfully meets the total score requirements for the GED certificate is the date the AIC is deemed to have obtained their GED certificate.

(F) For AICs housed at OYA, the date the AIC receives the high school diploma or GED certificate is the date the AIC is deemed to have obtained their diploma unless DOC receives documentation that the AIC completed the requirements for the diploma or GED at an earlier date.

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

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