OAR 291-097-0215
Earned Time Credits for Crimes Committed on or after November 1, 1989 through June 30, 2009 and Sentenced Prior to July 1, 2009


(1) Pursuant to ORS 421.121 (Reduction in term of incarceration), AICs with eligible crimes committed on or after November 1, 1989 through June 30, 2009 and sentenced prior to July 1, 2009, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs:
(a) Serving a sentence subject to ORS 137.635 (Determinate sentences required for certain felony convictions);
(b) Serving presumptive sentences or required incarceration terms under ORS 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines);
(c) Serving statutory minimum sentences under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court);
(d) Serving a presumptive sentence under ORS 137.719 (Presumptive life sentence for certain sex offenders upon third conviction);
(e) Subject to ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) and whose judgment does not state that the AIC may be considered for sentence reductions;
(f) Serving time as a sanction for violation of conditions of post-prison supervision; or
(g) Subject to any other Oregon statutes restricting earned time credits.
(2) Pursuant to ORS 421.121 (Reduction in term of incarceration), AICs sentenced under the sentencing guidelines prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department of Corrections to consider the AIC eligible for additional earned time credits, may earn sentence reduction credits up to 30 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs described in 291-097-0215 (Earned Time Credits for Crimes Committed on or after November 1, 1989 through June 30, 2009 and Sentenced Prior to July 1, 2009)(1)(a-g) or AICs:
(a) Whose prison term reached its earned time release date prior to or on August 31, 2009;
(b) Whose prison term reached its earned time release date prior to the date the sentencing court enters a supplemental judgment;
(c) Whose supplemental judgment approving a reduction in the term of incarceration under ORS 421.121 (Reduction in term of incarceration) that may not exceed 30 percent is:
(A) Dated after February 17, 2010 at 10 a.m.; or
(B) Dated on or after February 17, 2010, and the court made the order on the record in open court after February 17, 2010, at 10 a.m.; or
(d) Serving a sentence for the following crimes:
(A) Rape in the Third Degree under ORS 163.355 (Rape in the third degree);
(B) Sodomy in the Third Degree under ORS 163.385 (Sodomy in the third degree);
(C) Sexual Abuse in the Second Degree under ORS 163.425 (Sexual abuse in the second degree);
(D) Criminally Negligent Homicide under ORS 163.145 (Criminally negligent homicide);
(E) Assault in the Third Degree under ORS 163.165 (Assault in the third degree);
(F) Assault in the Fourth Degree under ORS 163.160 (Assault in the fourth degree)(3);
(G) A crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences); or
(H) An attempt to commit a crime described in this subsection.
(3) Pursuant to ORS 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925)(2) and as outlined in OAR 291-097-0235 (Earned Time Credits for Crimes Impacted by 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 (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), 475.924 (Definitions for ORS 164.061, 475.907, 475.924 and 475.925) or 475.925 (Sentences for certain controlled substance offenses).
(4) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.

Source: Rule 291-097-0215 — Earned Time Credits for Crimes Committed on or after November 1, 1989 through June 30, 2009 and Sentenced Prior to July 1, 2009, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-097-0215.

291‑097‑0200
Authority, Purpose, and Policy
291‑097‑0210
Definitions
291‑097‑0215
Earned Time Credits for Crimes Committed on or after November 1, 1989 through June 30, 2009 and Sentenced Prior to July 1, 2009
291‑097‑0220
Earned Time Credits for Crimes Committed on or after November 1, 1989 through February 16, 2010 and Sentenced on or after July 1, 2009
291‑097‑0225
Earned Time Credits for Crimes Committed on or after February 17, 2010 through June 30, 2011
291‑097‑0230
Earned Time Credits for Crimes Committed on or after July 1, 2011 and through June 30, 2013
291‑097‑0231
Earned Time Credits for Crimes Committed on or after July 1, 2013
291‑097‑0235
Earned Time Credits for Crimes Impacted by ORS 475.930(2)
291‑097‑0236
Earned Time Credits for Life Sentences for Aggravated Murder, Murder in the First Degree and Murder in the Second Degree (formerly Murder for sentences imposed prior to September 29, 2019) (ORS 163.105, 163.107 and 163.115)
291‑097‑0240
Calculation and Application of Earned Time Credits
291‑097‑0245
Earned Time Credit for Education or Apprenticeship Certifications
291‑097‑0250
Retraction of Earned Time Credits
291‑097‑0255
Restoration of Earned Time Credits
291‑097‑0260
Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences
291‑097‑0265
Administrative Review
291‑097‑0270
Statutory Good Time Credits
291‑097‑0275
Extra Good Time Credits
291‑097‑0280
Retraction of Statutory Good Time and Extra Good Time Credits
291‑097‑0285
Restoration of Statutory Good Time and Extra Good Time Credits
291‑097‑0290
AICs With Indeterminate Sentences of More Than Thirty-Six Months
291‑097‑0295
AICs With Indeterminate Sentences of Thirty-Six Months or Less
291‑097‑0300
Extension of Parole Release Date (Recommendations)
291‑097‑0305
Administrative Review
Last Updated

Jun. 24, 2021

Rule 291-097-0215’s source at or​.us