Department of Corrections Institutions

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]

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

Atty. Gen. 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)


Source

Last accessed
Jun. 26, 2021