OAR 291-063-0120
Procedures

(1) Sentencing Restrictions on Eligibility:
(a) Persons incarcerated for parole revocation sanctions shall not be eligible for short-term transitional leave.
(b) Persons incarcerated for post-prison supervision revocation sanctions shall not be eligible for short-term transitional leave pursuant to ORS 144.108 (Recommitment to prison for certain violations)(3)(b).
(c) Any person serving a sentence for a crime committed prior to November 1, 1989 (matrix offense), shall not be eligible for short-term transitional leave.
(d) Any person serving a sentence under the provisions of ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) (using a firearm during the commission of a felony) shall not be eligible for short-term transitional leave until the person has served the minimum incarceration term imposed by the court less earned time under ORS 421.121 (Reduction in term of incarceration).
(e) Any person serving a sentence under the provisions of ORS 161.725 (Standards for sentencing of dangerous offenders) to 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) (dangerous offenders) shall not be eligible for short-term transitional leave even if the Board of Parole and Post-Prison Supervision finds that the condition that made the person dangerous is absent or in remission and sets a post-prison supervision release date.
(f) Any person serving a sentence under the provisions of ORS 137.635 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), and137.707 shall not be eligible for short-term transitional leave regardless of the date the crime was committed.
(g) Any person sentenced on or after January 1, 2018 and serving a sentence under the provisions of ORS 137.690 (Major felony sex crime), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925), or 813.011 (Felony driving under the influence of intoxicants) shall not be eligible for short-term transitional leave.
(h) With the exception of sentences covered in subsection (i) of this section, a person shall not be eligible to participate in short-term transitional leave during service of a sentence for conviction of a crime listed below:
(A) ORS 163.095 (“Aggravated murder” defined) (Aggravated, Attempted Aggravated, or Conspiracy to Commit Aggravated Murder),
(B) ORS 163.115 (Murder in the second degree) (Murder, Attempted Murder, or Conspiracy to Commit Murder),
(C) ORS 163.118 (Manslaughter in the first degree) (Manslaughter I),
(D) ORS 163.125 (Manslaughter in the second degree) (Manslaughter II)
(E) ORS 163.175 (Assault in the second degree) (Assault II)
(F) ORS 163.185 (Assault in the first degree) (Assault I),
(G) ORS 163.149 (Aggravated vehicular homicide) (Aggravated Vehicular Homicide),
(H) ORS 163.225 (Kidnapping in the second degree) (Kidnapping II)
(I) ORS 163.235 (Kidnapping in the first degree) (Kidnapping I),
(J) ORS 163.365 (Rape in the second degree) (Rape II),
(K) ORS 163.375 (Rape in the first degree) (Rape I),
(L) ORS 163.395 (Sodomy in the second degree) (Sodomy II),
(M) ORS 163.405 (Sodomy in the first degree) (Sodomy I),
(N) ORS 163.408 (Unlawful sexual penetration in the second degree) (Unlawful Sexual Penetration II),
(O) ORS 163.411 (Unlawful sexual penetration in the first degree) (Unlawful Sexual Penetration I),
(P) ORS 163.427 (Sexual abuse in the first degree) (Sexual Abuse I),
(Q) ORS 163.670 (Using child in display of sexually explicit conduct) (Use of a Child in Display of Sexually Explicit Conduct),
(R) ORS 164.325 (Arson in the first degree) (Arson I),
(S) ORS 164.405 (Robbery in the second degree) (Robbery II)
(T) ORS 164.415 (Robbery in the first degree) (Robbery I),
(U) ORS 167.017 (Compelling prostitution) (Compelling Prostitution) Or
(V) ORS 813.010 (Driving under the influence of intoxicants)(5) or ORS 813.011 (Felony driving under the influence of intoxicants) (Felony Driving Under the Influence of Intoxicants) if the sentence was imposed on or after January 1, 2018.
(i) A person is eligible for short-term transitional leave during service of a sentence for conviction of the following crimes after conditions are met as outlined in ORS 137.712 (Exceptions to ORS 137.700 and 137.707):
(A) Any person serving a sentence under the provisions of ORS 137.712 (Exceptions to ORS 137.700 and 137.707) for Robbery II, Kidnapping II, or Assault II committed:
(i) On or after April 1, 1995 and prior to December 5, 1996 is eligible for short-term transitional leave.
(ii) On or after December 5, 1996 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).
(B) Any person serving a sentence under the provisions of ORS 137.712 (Exceptions to ORS 137.700 and 137.707) for Manslaughter II committed on or after October 23, 1999 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).
(C) Any person serving a sentence under the provisions of ORS 137.712 (Exceptions to ORS 137.700 and 137.707) for Rape II, Sodomy II, Unlawful Sexual Penetration II, or Sex Abuse 1 committed on or after January 1, 2002 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).
(D) If otherwise eligible under Oregon law, any person serving a sentence for a crime committed on or after December 5, 1996, shall be eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).
(2) Additional Eligibility Requirements: An AIC who meets the sentencing eligibility requirements as referenced in section (1) above may be approved for short-term transitional leave if the AIC meets the following criteria:
(a) Has been incarcerated for at least six months, including applicable county jail time credits, before being eligible for short-term transitional leave.
(b) Is classified as minimum (Level 1 or Level 2) custody in accordance with the Department of Corrections rules on Classification (AIC) (OAR 291-104);
(c) Shall reside within the State of Oregon through the full term of short-term transitional leave;
(d) Does not have a current detainer or other charges that would result in incarceration upon release to short-term transitional leave;
(e) Has not been found guilty of any Level 1 or 2 major violations of prohibited conduct within 15 months of the AIC’s projected release date;
(f) Has not received a Failure of Corrections Plan (FOCP) within 15 months of the AIC’s projected release date;
(g) Has not already failed nonprison or short-term transitional leave during the current term of incarceration or the term immediately preceding the current term of incarceration;
(h) Has not received a program failure from a work release or reentry program during the current term of incarceration;
(i) Has not been designated as a Sexually Violent Dangerous Offender, Predatory Sexual Offender, or classified as a Tier III sex offender;
(j) Is currently in suitable physical and mental condition; and
(k) Has not committed a new crime during the current term of incarceration. This does not include any time served at a local county facility for the current sentence(s).
(3) An AIC shall not be eligible if the releasing authority has determined that the AIC presents a significant safety, security, or compliance risk to the community.

Source: Rule 291-063-0120 — Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-063-0120.

Last Updated

Jun. 24, 2021

Rule 291-063-0120’s source at or​.us