OAR 291-097-0235
Earned Time Credits for Crimes Impacted by ORS 475.930(2)

(1) Pursuant to ORS 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925)(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) for any of the following crimes:

(a) Aggravated Theft I under ORS 164.057 (Aggravated theft in the first degree) if the victim is at least 65 years of age (per ORS 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older));

(b) Unlawful Delivery or Manufacture of a Schedule I Controlled Substance under former ORS 475.840(1)(a) or 475.752 (Prohibited acts generally)(1)(a) if the controlled substance and quantities are as follows:

(A) Heroin of 50 grams or more; or

(B) 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or capsules.

(c) Unlawful Delivery or Manufacture of a Schedule II Controlled Substance under former ORS 475.840(1)(b) or 475.752 (Prohibited acts generally)(1)(b) if the controlled substance and quantities are as follows:

(A) Cocaine of 100 grams or more; or

(B) Methamphetamine of 100 grams or more.

(d) Unlawful Delivery or Manufacture of a Controlled Substance within 1000 Feet of a School under ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) if the controlled substance and quantities are as follows:

(A) Heroin of 50 grams or more;

(B) 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or capsules;

(D) Methamphetamine of 100 grams or more;

(e) Unlawful Delivery of a Schedule I or II Controlled Substance to a Minor under ORS 475.906 (Penalties for unlawful delivery to minors)(1) if the controlled substance is Heroin, 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy), Cocaine or Methamphetamine;

(f) Unlawful Delivery of Cocaine to a Minor under ORS 475.880 (Unlawful delivery of cocaine)(3);

(g) Unlawful Delivery of Methamphetamine to a Minor under ORS 475.890 (Unlawful delivery of methamphetamine)(3);

(h) Unlawful Manufacture of Heroin under ORS 475.846 (Unlawful manufacture of heroin) if 50 grams or more;

(i) Unlawful Manufacture of Heroin within 1000 Feet of a School under ORS 475.848 (Unlawful manufacture of heroin within 1,000 feet of school) if 50 grams or more;

(j) Unlawful Delivery of Heroin under ORS 475.850 (Unlawful delivery of heroin) if 50 grams or more;

(k) Unlawful Delivery of Heroin within 1000 Feet of a School under ORS 475.852 (Unlawful delivery of heroin within 1,000 feet of school) if 50 grams or more;

(l) Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.866 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine) if 50 grams or more or 250 pills, tablets or capsules;

(m) Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School under ORS 475.868 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school) if 50 grams or more or 250 pills, tablets or capsules;

(n) Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.870 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine) if 50 grams or more or 250 pills, tablets or capsules;

(o) Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School under ORS 475.872 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of school) if 50 grams or more or 250 pills, tablets or capsules;

(p) Unlawful Manufacture of Cocaine under ORS 475.876 (Unlawful manufacture of cocaine) if 100 grams or more;

(q) Unlawful Manufacture of Cocaine within 1000 Feet of a School under ORS 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school) if 100 grams or more;

(r) Unlawful Delivery of Cocaine under ORS 475.880 (Unlawful delivery of cocaine)(2) if 100 grams or more;

(s) Unlawful Delivery of Cocaine within 1000 Feet of a School under ORS 475.882 (Unlawful delivery of cocaine within 1,000 feet of school) if 100 grams or more;

(t) Unlawful Manufacture of Methamphetamine under ORS 475.886 (Unlawful manufacture of methamphetamine) if 100 grams or more;

(u) Unlawful Manufacture of Methamphetamine within 1000 Feet of a School under ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school) if 100 grams or more;

(v) Unlawful Delivery of Methamphetamine under ORS 475.890 (Unlawful delivery of methamphetamine)(2) if 100 grams or more;

(w) Unlawful Delivery of Methamphetamine within 1000 Feet of a School under ORS 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) if 100 grams or more

(2) For crimes described in subsections (e)-(g) above, section (1) does not apply to a person who is less than three years older than the person under 18 years of age to whom the controlled substance was delivered, unless the person has a previous conviction for Delivery of Cocaine, Methamphetamine, Heroin or 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) to a person under 18 years of age.

Source: Rule 291-097-0235 — Earned Time Credits for Crimes Impacted by ORS 475.930(2), https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-097-0235.

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OAR 291-097-0235 Earned Time Credits for Crimes Impacted by ORS 475.930(2)

OAR 291-097-0235
Earned Time Credits for Crimes Impacted by ORS 475.930(2)