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. 12, December 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
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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