OAR 291-097-0230
Earned Time Credits for Crimes Committed on or after July 1, 2011 and through June 30, 2013

(1) Pursuant to ORS 421.121 (Reduction in term of incarceration), AICs with eligible crimes committed on or after July 1, 2011 and through June 30, 2013, 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 for 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;
(g) Serving a mandatory minimum incarceration term of 90 days under ORS 813.011 (Felony driving under the influence of intoxicants)(3) for Felony Driving under the Influence of Intoxicants under ORS 813.010 (Driving under the influence of intoxicants)(5)(a) and ORS 813.011 (Felony driving under the influence of intoxicants) committed on or after December 2, 2010; or
(h) Subject to any other Oregon statutes restricting earned time credits.
(2) If otherwise eligible for earned time, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration for crimes in which:
(a) The judgment states earned time may not exceed 20 percent;
(b) The AIC is convicted of an offense that was committed less than five years after the AIC completed serving a sentence for:
(A) A person felony; or
(B) A crime described in paragraph (e) of this subsection;
(c) The AIC is convicted of a person felony;
(d) The AIC is convicted of an offense involving the use or threatened use of a firearm; or
(e) The AIC is convicted of any of the following crimes:
(A) Subjecting another person to involuntary servitude in the second degree under ORS 163.263 (Subjecting another person to involuntary servitude in the second degree);
(B) Subjecting another person to involuntary servitude in the first degree under ORS 163.264 (Subjecting another person to involuntary servitude in the first degree);
(C) Trafficking in persons under ORS 163.266 (Trafficking in persons);
(D) Coercion under ORS 163.275 (Coercion);
(E) Online sexual corruption of a child in the second degree under ORS 163.432 (Online sexual corruption of a child in the second degree);
(F) Online sexual corruption of a child in the first degree under ORS 163.433 (Online sexual corruption of a child in the first degree);
(G) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), if:
(i) The victim of the theft was 65 years of age or older at the time of the commission of the offense; and
(ii) The value of the property stolen from the victim described in sub-subparagraph (i) of this subparagraph, in a single or aggregate transaction, is $10,000 or more;
(H) Treason under ORS 166.005 (Treason);
(I) Abuse of a corpse in the second degree under ORS 166.085 (Abuse of corpse in the second degree);
(J) Racketeering activities under ORS 166.720 (Racketeering activity unlawful);
(K) Luring a minor under ORS 167.057 (Luring a minor);
(L) Assaulting a law enforcement animal under ORS 167.339 (Assaulting a law enforcement animal);
(M) A sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235)(5) (former 181.594 and 181.805);
(N) Causing another person to ingest a controlled substance under ORS 475.908 (Causing another person to ingest a controlled substance);
(O) Applying a controlled substance to the body of another person under ORS 475.910 (Application of controlled substance to the body of another person);
(P) Driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) (5); or
(Q) An attempt, conspiracy or solicitation to commit an offense described in this paragraph or in paragraph (c) or (d) of this subsection.
(3) As used in this section:
(a) “Completed serving a sentence” includes the completion of any term of probation, parole or post-prison supervision.
(b) “Person felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission.
(4) 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).
(5) 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 291-097-0230 — Earned Time Credits for Crimes Committed on or after July 1, 2011 and through June 30, 2013, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-097-0230.

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 291-097-0230’s source at or​.us