Or. Admin. Code § 291-097-0235

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-097-0235 - Earned Time Credits for Crimes Impacted by ORS 475.930(2)

(1) Pursuant to ORS 475.930(2), for eligible crimes committed on or after January 1, 2009, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence imposed under ORS 164.061, 475.907, 475.924 or 475.925 for any of the following crimes:

(a) Aggravated Theft I under ORS 164.057 if the victim is at least 65 years of age (per ORS 164.061);

(b) Unlawful Delivery or Manufacture of a Schedule I Controlled Substance under former ORS 475.840(1)(a) or 475.752(1)(a) if the controlled substance and quantities are as follows:

(A) Heroin of 50 grams or more; or

(B) 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or capsules.

(c) Unlawful Delivery or Manufacture of a Schedule II Controlled Substance under former ORS 475.840(1)(b) or 475.752(1)(b) if the controlled substance and quantities are as follows:

(A) Cocaine of 100 grams or more; or

(B) Methamphetamine of 100 grams or more.

(d) Unlawful Delivery or Manufacture of a Controlled Substance within 1000 Feet of a School under ORS 475.904 if the controlled substance and quantities are as follows:

(A) Heroin of 50 grams or more;

(B) 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or capsules;

(C) Cocaine of 100 grams or more; or

(D) Methamphetamine of 100 grams or more;

(e) Unlawful Delivery of a Schedule I or II Controlled Substance to a Minor under ORS 475.906(1) if the controlled substance is Heroin, 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy), Cocaine or Methamphetamine;

(f) Unlawful Delivery of Cocaine to a Minor under ORS 475.880(3);

(g) Unlawful Delivery of Methamphetamine to a Minor under ORS 475.890(3);

(h) Unlawful Manufacture of Heroin under ORS 475.846 if 50 grams or more;

(i) Unlawful Manufacture of Heroin within 1000 Feet of a School under ORS 475.848 if 50 grams or more;

(j) Unlawful Delivery of Heroin under ORS 475.850 if 50 grams or more;

(k) Unlawful Delivery of Heroin within 1000 Feet of a School under ORS 475.852 if 50 grams or more;

(l) Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.866 if 50 grams or more or 250 pills, tablets or capsules;

(m) Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School under ORS 475.868 if 50 grams or more or 250 pills, tablets or capsules;

(n) Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.870 if 50 grams or more or 250 pills, tablets or capsules;

(o) Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School under ORS 475.872 if 50 grams or more or 250 pills, tablets or capsules;

(p) Unlawful Manufacture of Cocaine under ORS 475.876 if 100 grams or more;

(q) Unlawful Manufacture of Cocaine within 1000 Feet of a School under ORS 475.878 if 100 grams or more;

(r) Unlawful Delivery of Cocaine under ORS 475.880(2) if 100 grams or more;

(s) Unlawful Delivery of Cocaine within 1000 Feet of a School under ORS 475.882 if 100 grams or more;

(t) Unlawful Manufacture of Methamphetamine under ORS 475.886 if 100 grams or more;

(u) Unlawful Manufacture of Methamphetamine within 1000 Feet of a School under ORS 475.888 if 100 grams or more;

(v) Unlawful Delivery of Methamphetamine under ORS 475.890(2) if 100 grams or more;

(w) Unlawful Delivery of Methamphetamine within 1000 Feet of a School under ORS 475.892 if 100 grams or more

(2) For crimes described in subsections (e)-(g) above, section (1) does not apply to a person who is less than three years older than the person under 18 years of age to whom the controlled substance was delivered, unless the person has a previous conviction for Delivery of Cocaine, Methamphetamine, Heroin or 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) to a person under 18 years of age.

Or. Admin. Code § 291-097-0235

DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13; DOC 5-2021, amend filed 04/07/2021, effective 4/7/2021

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075