OAR 291-097-0245
Earned Time Credit for Education or Apprenticeship Certifications


(1) Pursuant to ORS 421.121 (Reduction in term of incarceration) and this rule, consideration for earned time credit may also be given for crimes committed prior to July 1, 2015 for an AIC who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524), or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), on or after January 1, 2010.
(2) Determination of Earned Time Credits for Education or Apprenticeship Certifications:
(a) AICs who obtain a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524), or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210) prior to January 1, 2010 or whose crime was committed on or after July 1, 2015 are not eligible to be considered for earned time credits for education or apprenticeship certifications.
(b) Subject to OAR 291-097-0250 (Retraction of Earned Time Credits) (Retraction of Earned Time Credits), 291-097-0255 (Restoration of Earned Time Credits) (Restoration of Earned Time Credits), and 291-097-0260 (Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences) (Determination of Earned Time Credits During Final Review Period for Sentencing Guidelines Sentences), at the time an AIC obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524), or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210) on or after January 1, 2010 and whose crime was committed prior to July 1, 2015, the OISC staff will apply the amount of earned time credits, not to exceed 60 days, to the amount of earned time credits actually received by the AIC for either maintaining appropriate institution conduct or compliance with their case plan, in order to bring the AIC’s total earned time credits up to the amount of earned time credits the AIC would have received if the AIC maintained appropriate institution conduct and was in full compliance with their case plan as of the date the AIC obtained the education or apprenticeship certification.
(A) The department may apply up to 60 days earned time credits for education or apprenticeship certifications toward prior earned time not credited to the sentence due to adjudicated misconduct during the pre-sentence incarceration or while an AIC is incarcerated in an Oregon county jail prior to the AIC’s return to a Department of Corrections facility following an escape, revocation of second look conditional release, or violation of short-term transitional leave or non-prison leave, or toward non-compliance with institutional conduct or the case plan, and toward earned time previously retracted during the service of the sentence.
(B) In no event will an AIC be credited with more earned time credits than the amount of earned time credits the AIC would have received toward the sentence if the AIC maintained appropriate institutional behavior and was in full compliance with their case plan as of the date the AIC obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524), or a journey level certification from a registered apprenticeship program as defined in 660.010 (Definitions for ORS 660.002 to 660.210).
(C) The earned time credits for education or apprenticeship certifications may not be applied to a sentence whose prison term reached its earned time release date prior to the date the AIC obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524), or a journey level certification from a registered apprenticeship program as defined in 660.010 (Definitions for ORS 660.002 to 660.210).
(D) An AIC may be credited with multiple education or apprenticeship certifications as long as no individual sentence receives more than 60 days total earned time credit for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524), or a journey level certification from a registered apprenticeship program as defined in 660.010 (Definitions for ORS 660.002 to 660.210).
(E) The date the AIC successfully meets the total score requirements for the GED certificate is the date the AIC is deemed to have obtained their GED certificate.
(F) For AICs housed at OYA, the date the AIC receives the high school diploma or GED certificate is the date the AIC is deemed to have obtained their diploma unless DOC receives documentation that the AIC completed the requirements for the diploma or GED at an earlier date.

Source: Rule 291-097-0245 — Earned Time Credit for Education or Apprenticeship Certifications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-097-0245.

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. 8, 2021

Rule 291-097-0245’s source at or​.us