Department of Corrections Institutions

ORS 421.121
Reduction in term of incarceration

  • rules


(1)

Except as provided in ORS 137.635 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 163.105 (Sentencing options for aggravated murder), 163.107 (Murder in the first degree) and 163.115 (Murder in the second degree), each adult in custody sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for:

(a)

Appropriate institutional behavior, as defined by rule of the Department of Corrections; and

(b)

Participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program).

(2)

The maximum amount of time credits earned for appropriate institutional behavior or for participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program) may not exceed 20 percent of the total term of incarceration in a Department of Corrections institution.

(3)

The time credits may not be used to shorten the term of actual prison confinement to less than six months.

(4)

The department shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 to establish a process for granting, retracting and restoring the time credits earned by the offender as allowed in subsections (1) to (3) of this section. [1989 c.790 §§60,61; 1991 c.855 §5; 2007 c.15 §5; 2009 c.623 §1; 2009 c.660 §§17,19; 2010 c.2 §§1,3; 2015 c.625 §1; 2019 c.213 §67; 2019 c.635 §25]

Notes of Decisions

Department of Corrections acted within range of discretion provided in this section when department adopted rule that included participation in work assignment and self-improvement programs among criteria to consider in determining reduction in term of incarceration. Chapman v. Dept. of Corrections, 118 Or App 11, 846 P2d 409 (1993)

Legislature intended that provision of ORS 137.635 denying term reductions also apply to felonies committed after November 1, 1989, and sentenced under this section. Curry v. Grill, 125 Or App 507, 866 P2d 1237 (1993)

For juveniles committing aggravated murder before June 30, 1995, State Board of Parole and Post-Prison Supervision determines "term of incarceration" through setting of parole release date. State ex rel Engweiler v. Cook, 340 Or 373, 133 P3d 904 (2006)

Trial court's denial of eligibility for additional good time credits under 2009 amendments does not alter original judgment and, thus, is not appealable. State v. Portis, 233 Or App 256, 225 P3d 841 (2010)


Source

Last accessed
Jun. 26, 2021