ORS 137.633
Earned reduction of supervision period
- rules
(1)
A person convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (2) is eligible for a reduction in the period of probation or post-prison supervision for complying with terms of probation or post-prison supervision, including demonstrating a commitment to the payment of restitution to the extent the person is able to pay, and participation in recidivism reduction programs.(2)
The maximum reduction under this section may not exceed 50 percent of the period of probation or post-prison supervision imposed.(3)
A reduction under this section may not be used to shorten the period of probation or post-prison supervision to less than six months.(4)
A person serving a sentence described as follows is not eligible for a reduction in the term of supervision under this section:(a)
A sentence for a crime described in ORS 163.095 (“Aggravated murder” defined), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree), 163.118 (Manslaughter in the first degree), 163.125 (Manslaughter in the second degree), 163.149 (Aggravated vehicular homicide), 163.185 (Assault in the first degree), 163.225 (Kidnapping in the second degree), 163.235 (Kidnapping in the first degree), 163.365 (Rape in the second degree), 163.375 (Rape in the first degree), 163.395 (Sodomy in the second degree), 163.405 (Sodomy in the first degree), 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree), 163.427 (Sexual abuse in the first degree), 163.670 (Using child in display of sexually explicit conduct), 164.325 (Arson in the first degree), 164.415 (Robbery in the first degree) or 167.017 (Compelling prostitution);(b)
A sentence for attempt or conspiracy to commit a crime described in ORS 163.095 (“Aggravated murder” defined), 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree);(c)
A sentence for a crime committed prior to November 1, 1989;(d)
A sentence imposed under the provisions of ORS 161.610 (Enhanced penalty for use of firearm during commission of felony);(e)
A sentence imposed under the provisions of ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous);(f)
A sentence imposed under the provisions of ORS 137.635 (Determinate sentences required for certain felony convictions);(g)
A sentence imposed under the provisions of ORS 137.690 (Major felony sex crime), 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), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants); or(h)
A term of supervision subject to ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses).(5)
Intentionally left blank —Ed.(a)
The Department of Corrections shall adopt rules to carry out the provisions of this section.(b)
The rules adopted under this subsection shall include but are not limited to:(A)
Rules creating processes for early and ongoing notification of eligibility for an earned reduction in supervision under this section to persons on supervision; and(B)
Rules establishing consistent standards for determining when a person on supervision is in compliance with the requirements for, and has succeeded in, earning a reduction in supervision under this section.(c)
The supervisory authority shall comply with the rules adopted under this subsection.(6)
As used in this section:(a)
“Designated drug-related misdemeanor” has the meaning given that term in ORS 423.478 (Duties of department and counties).(b)
“Designated person misdemeanor” has the meaning given that term in ORS 423.478 (Duties of department and counties). [2013 c.649 §17; 2015 c.140 §1; 2017 c.706 §19; 2021 c.450 §1; 2021 c.581 §5]
Source:
Section 137.633 — Earned reduction of supervision period; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html
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