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);

(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.

California:	Codes
Colorado:	C.R.S.
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New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

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

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