ORS 421.120
Reduction in term of sentence

  • rules

(1)

As used in this section, “prison employment” includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp.

(2)

Each adult in custody confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any term other than life, and whose record of conduct shows that the adult in custody faithfully has observed the rules of the institution, shall be entitled to a deduction from the term of sentence to be computed as follows:

(a)

From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of the sentence actually served in the Department of Corrections institution.

(b)

From the term of a sentence of more than one year, one day shall be deducted for every two days of the sentence actually served in the Department of Corrections institution.

(c)

From the term of any sentence, one day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity, and one day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified, and one day for every six days of the work actually performed or educational activity certified after the fifth year of prison employment.

(d)

From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of the work actually performed thereafter.

(e)

From the term of any sentence, one day shall be deducted for every six days’ work performed at work camp during the first year of prison employment, and one day for every four days thereafter. Once the four-day rate is achieved, it may be applied to subsequent work or education release programs while the adult in custody is serving the same term.

(3)

The deductions allowed in subsection (2)(c), (d) and (e) of this section shall be in addition to those allowed in subsection (2)(a) and (b) of this section.

(4)

The Department of Corrections shall develop pursuant to the rulemaking provisions of ORS chapter 183 a uniform procedure for granting, retracting and restoring deductions allowed in subsection (2) of this section.

(5)

When a paroled adult in custody violates any condition of parole, no deduction from the term of sentence, as provided in subsection (2) of this section, shall be made for service by the adult in custody in the Department of Corrections institution prior to acceptance and release on parole, except when authorized by the State Board of Parole and Post-Prison Supervision upon recommendation of the superintendent thereof.

(6)

The provisions of this section shall apply only to offenders sentenced for felonies committed prior to November 1, 1989. [Amended by 1953 c.560 §2; 1955 c.505 §1; 1957 c.686 §1; 1969 c.502 §10; 1973 c.562 §1; 1975 c.264 §1; 1977 c.374 §2; 1981 c.425 §2; 1985 c.53 §1; 1987 c.320 §166; 1989 c.790 §56; 2003 c.14 §231; 2019 c.213 §66]

Source: Section 421.120 — Reduction in term of sentence; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html.

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)

421.005
Definitions
421.068
Use of revenue from certain sources
421.069
Report to legislature following audit of women’s correctional facility
421.073
Housing of Adults in Custody from Other Jurisdictions Account
421.076
Telephone service provider contracts
421.081
Correctional education system
421.084
Adult basic skills development program
421.085
Experimentation on adults in custody prohibited
421.105
Enforcement of rules
421.107
Use of dog for cell extraction prohibited
421.113
Provision of immunization against influenza virus
421.120
Reduction in term of sentence
421.121
Reduction in term of incarceration
421.122
Status of time enrolled in work release
421.125
Clothing, money and documents upon release
421.132
Department fees for service of process and other documents
421.137
Labeling of goods made in hobby and recreation programs
421.142
Manufacture and sale of handiwork
421.145
Disposition of moneys obtained from sale of products of labor of adult in custody
421.147
Disposition of unclaimed or abandoned tangible property of adults in custody
421.150
Custody of federal prisoners
421.155
Dangerous offenders to be observed and treated
421.160
Written report concerning conduct of dangerous offenders
421.166
Emergency leave
421.168
Transitional leave
421.170
Enrollment of adult in custody in work release program
421.180
Disciplinary procedures
421.185
Assistance and representation in disciplinary procedures
421.190
Admissible evidence at disciplinary hearing
421.194
Disciplinary orders not subject to judicial review
421.205
Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody
421.210
Transfer of adults in custody to contract institutions
421.213
Records of transfer
421.215
Procurement of transferred adults in custody when required for judicial proceedings
421.220
Return of transferred adults in custody
421.225
Expenses of superintendents
421.229
Transfer of foreign adults in custody
421.245
Interstate Corrections Compact
421.250
Powers of Governor
421.254
Priority of corrections compacts
421.282
Definitions for ORS 421.282 to 421.294
421.284
Western Interstate Corrections Compact
421.286
Commitments or transfers of inmates to institution in another state
421.288
Enforcing and administering compact
421.290
Hearings by director
421.292
Hearings in another state
421.294
Contracts to implement compact
421.296
Interstate Forest Fire Suppression Compact
421.297
Powers of Governor
421.298
Duties of State Forester
421.305
Establishment of industries in institutions
421.312
Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized
421.344
Creation of Oregon Corrections Enterprises as semi-independent agency
421.347
Advisory council
421.349
Advisory committee
421.352
Applicability of certain statutes to Oregon Corrections Enterprises
421.354
Authority of Oregon Corrections Enterprises
421.357
Limitation on amount agency may charge Oregon Corrections Enterprises
421.359
Disposition of income and revenues
421.362
Continuation of employment of certain Department of Corrections employees
421.364
Provision of legal services to Oregon Corrections Enterprises
421.367
Report to Governor and Legislative Assembly
421.405
Use of labor of adults in custody for benefit of officials prohibited
421.412
Use of labor of adults in custody in acquisition of crops to be consumed in state institutions
421.420
Use of labor of adults in custody to clear unimproved land
421.423
Use of labor of adults in custody for electrical or plumbing work
421.437
Compensation of adults in custody
421.438
Authority to enter into contracts concerning certain operations and programs
421.442
Creation of accounts and subaccounts relating to prison work and on-the-job training programs
421.444
Intellectual property
421.445
Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program
421.450
Definitions for ORS 421.455 to 421.480
421.455
Forest work camps
421.465
Transfer of state adults in custody to forest work camp
421.467
Transfer of local adults in custody to forest work camp
421.468
Prior approval required for transfer of local adult in custody
421.470
Authority over adults in custody in camps
421.476
Compensation of adults in custody for labor at forest camps
421.480
Return of adult in custody to institution
421.490
Work camps
421.500
Findings
421.502
Definitions for ORS 421.502 to 421.512
421.504
Special alternative incarceration program
421.506
Intensive alternative incarceration addiction program
421.507
Suspension or termination of program
421.508
Determination of eligibility for program
421.509
Provision of information to program participants
421.510
Eligibility for nonprison leave
421.512
Rulemaking
421.590
Medical treatment programs
421.605
Location and use of penitentiary
421.609
New correctional facilities
421.611
Findings
421.612
Definitions
421.614
Corrections facilities
421.616
When department required to nominate sites for corrections facilities
421.618
Meetings to discuss site selections
421.621
Corrections Facilities Siting Authority
421.623
Hearings in region where nominated site located
421.626
Notification to Governor
421.628
Effect of decision of Corrections Facilities Siting Authority
421.630
Judicial review
421.633
Lease of Milliron Road Site
421.635
Definitions for ORS 421.635 to 421.657
421.637
When department required to propose site
421.639
Exclusion of F. H. Dammasch State Hospital as department facility
421.641
Hearings in region where proposed site located
421.643
Notice to Governor regarding proposed site
421.645
Issuing permits necessary for construction and operation of facility
421.647
Review of decision relating to permits
421.649
Provision of public services
421.651
Prison Advisory Committee
421.653
Judicial review
421.655
Proceedings for review
421.657
Condemnation of property
421.670
Department disposal of sited property
421.805
Siting of branch institutions
421.990
Penalties
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