Reduction in term of sentence
- rules
Source:
Section 421.120 — Reduction in term of sentence; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors421.html
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Notes of Decisions
Whether an inmate’s work is “meritorious” is a question of judgment of the prison officials and, as such, becomes a discretionary decision. Sullivan v. State, 15 Or App 149, 515 P2d 193 (1973)
Where life sentence is commuted, meritorious good time must be computed retroactively to date of original incarceration. Ferguson v. Cupp, 23 Or App 122, 541 P2d 489 (1975)
Corrections Division may distinguish between time served and work performed, both of which entitle prisoner to sentence reduction under ORS 421.120, when determining “good time served” under ORS 161.610. Haffey v. Keeney, 84 Or App 607, 735 P2d 16 (1987), Sup Ct review denied
“Good time” deduction provisions apply solely to prisoner’s “term of sentence,” and not to initial release date set by parole board. Neal v. Maass, 94 Or App 119, 764 P2d 947 (1988), Sup Ct review denied
Plaintiff stopped accruing statutory good time when he was released on parole and previously calculated good time release date was thus suspended and defendant was still within jurisdiction of Department of Corrections when he violated conditions of parole after that date. Ventris v. Maass, 99 Or App 85, 781 P2d 1224 (1989), Sup Ct review denied; Asher v. State Board of Parole, 100 Or App 592, 786 P2d 1323 (1990), Sup Ct review denied
Attorney General Opinions
Application of “good time” deductions to sentence of inmate whose life sentence had been commuted by Governor to specific number of years, (1981) Vol 41, p 525
Law Review Citations
53 OLR 33 (1973)