Or. Admin. Code § 291-097-0240

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

Section 291-097-0240 - Calculation and Application of Earned Time Credits

(1) Case plan compliance is defined as acceptable participation in work and self-improvement programs required within the case plan. The required activities within the case plan are determined by ongoing assessment and evaluation, which begins at the inception of the AIC prison term.

(a) An AIC will be considered to be compliant if they were not failed from the required program activity during the review period under consideration, nor did the AIC refuse to participate in required programming during the review period under consideration.

(b) As needed, the counselor or multi-disciplinary team will evaluate an AIC's compliance with the required program activity.

(c) If the AIC's counselor or multi-disciplinary team determines the AIC is non-compliant with the case plan, they will approve a program failure for documentation in the AIC's computer record.

(2) Institution conduct compliance is defined as maintaining Level I or Level II major misconduct-free behavior during the review period. Major misconduct is documented in accordance with the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Any finding of a Level I or Level II major misconduct violation during the review period will be considered as noncompliance. The date of the adjudication, not of the incident, will be used for the date of the violation.

(3) At the end of each review period, the OISC staff will review the AIC's computer records for information reflecting the AIC's compliance with the current case plan and institution conduct. Based on the information contained in the AIC's computer records, the OISC staff will apply either:

(a) An effective 0, 10, or 20 percent reduction to the sentencing guidelines sentence proportional for the review period under consideration for sentences eligible for a maximum of 20% earned time, or

(b) An effective 0, 15, or 30 percent reduction to the sentencing guidelines sentence proportional for the review period under consideration for sentences eligible for a maximum of 30% earned time.

(4) For AICs housed in non-Oregon Department of Corrections facilities, the staff, as designated by the Correctional Services Division will review the AIC's institution file including any reports received from the housing facility to determine compliance with the current case plan and institution conduct.

(a) Case plan compliance will be determined by the AIC's reported compliance with requirements as determined by Department staff or the housing facility staff.

(b) Due process comparable to the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) shall be applied. Institution conduct non-compliance will be determined by substituting the rule of prohibited conduct, for the rule violated at the housing facility, with the most equivalent charges as defined in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). The functional unit manager or designee may impose sanctions, in addition to that imposed by the housing facility, related to sentence reductions.

(5) For each review period under consideration for AICs housed in Department of Corrections facilities, the OISC staff will list the reasons for applying or not applying earned time credits and record the corresponding percentage of earned time applied to the AIC's sentence on the Earned Time Computation Form (CD 1154D).

(6) For AICs housed in non-Oregon Department of Corrections facilities, the staff, as designated by the Correctional Services Division, will list the reasons for applying or not applying earned time credits and record the corresponding percentage of earned time applied on the Earned Time Computation Form (CD 1154D).

(7) Upon the application of earned time credits toward an AIC's sentence for the review period under consideration, the OISC Unit will re-compute the AIC's new earned time release date, file the Earned Time Computation Form (CD 1154D) in the institution file, and provide a copy of the determination to the AIC.

(8) Determination of Earned Time Credits During Pre-sentence Incarceration: For crimes committed on or after November 1, 1989, earned time credits will be computed for the period in which an AIC is in custody in a non-Department of Corrections facility prior to sentencing and admission to the Department of Corrections, based solely on the AIC's conduct in the facility.

(a) Conduct compliance will be assumed, unless the Department receives documentation of adjudicated misconduct from the facility.

(A) For sentences eligible for a maximum of 20% earned time credits, the AIC will be granted an effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional for the length of pre-sentence incarceration.

(B) For sentences eligible for a maximum of 30% earned time credits, the AIC will be granted an effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional for the length of pre-sentence incarceration.

(b) Any verified major misconduct equivalent to a Level I or Level II major misconduct violation as defined in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) during any of the pre-sentence incarceration credits applied to the sentence will result in an effective 0 percent reduction toward the sentencing guidelines sentence proportional for the total length of pre-sentence incarceration. The date of the adjudication, not of the incident, will be used for the date of the violation.

(9) If the AIC escapes, the OISC staff will close out the current earned time review period, changing the current review period to end the day after escape. An AIC that is returned from an escape to a Department of Corrections facility will have the starting date of the new earned time credit cycle begin with the date of return. The escape will constitute a program failure for the period up to the escape.

(10) Alternative Incarceration Program:

(a) If, during any review period, the AIC is assigned to an Alternative Incarceration Program, the AIC will be considered as participating in the case plan. If the AIC, for sufficient justification as determined by the functional unit manager's committee, is unsuccessful and fails to complete any portion of the program or requests to be voluntarily removed, the AIC will be considered noncompliant with the case plan and receive a program failure during that review period.

(b) If the AIC fails to successfully complete the non-prison leave granted through the Alternative Incarceration Program, the AIC will be considered a program failure and non-compliant with institution conduct for the length of the AIC's non-prison leave. The failure to successfully complete the non-prison leave will not result in a retraction of the portion of earned time credits for program compliance advanced at the beginning of the final review period as outlined in OAR 291-097-0250(2).

(11) Determination of earned time credits for AICs on short-term transitional leave:

(a) Earned time credits will be computed for the period in which an AIC is serving the remainder of their sentencing guidelines term of incarceration on short-term transitional leave (OAR 291-063).

(A) Institution conduct and case plan compliance will be assumed while an AIC is released on short-term transitional leave.

(B) Earned time credits for the period on transitional leave will be applied at a rate of 20 percent or 30 percent, in accordance with the applicable rate for the sentence at the time of release onto short-term transitional leave.

(b) A revocation of an AIC's short-term transitional leave is deemed non-compliance with the AIC's case plan and non-compliance with institution conduct. Upon revocation of short-term transitional leave, an AIC will receive an effective 0 percent reduction for case plan compliance and 0 percent reduction toward the sentencing guidelines sentence for institutional conduct proportional for the length of the AIC's short-term transitional leave.

(c) The failure to successfully complete the short-term transitional leave will not result in a retraction of the portion of earned time credits for program compliance advanced at the beginning of the final review period as outlined in OAR 291-097-0250(2).

(12) If all of an AIC's sentence(s) is vacated, reversed and remanded for new trial, or conviction affirmed and remanded for resentencing, the OISC staff will close out the current earned time review period to end the day after release to the sentencing court. An AIC that is returned on a resentence will start a new review period, effective the date of return to a Department of Corrections facility. The new earned time credit cycle date will be reflected on the AIC's facesheet.

(13) Determination of earned time credits for AICs serving the remainder of a sentencing guidelines sentence on conditional release (Second Look):

(a) Earned time credits will be computed for the period in which an AIC is serving the remainder of their sentencing guidelines term of incarceration in the community on conditional release, based solely on the AIC's compliance with their conditional release plan.

(b) Earned time credits for the period on conditional release (Second Look) will be applied at a rate of 20 percent or 30 percent, in accordance with the applicable rate for the sentence at the time of release onto conditional release (Second Look).

(c) Conduct compliance will be assumed unless the AIC's conditional release is revoked by the sentencing court.

(d) Any suspension or revocation of an AIC's conditional release prior to the AIC reaching their projected earned time date will result in an effective 0 percent reduction in the sentencing guidelines prison term for the length of the AIC's sentence being served in the community on conditional release.

(14) If an AIC is incarcerated in an Oregon county jail prior to the AIC's return to a Department of Corrections facility following an escape, second look conditional release revocation, or violation of short-term transitional leave or non-prison leave, earned time credits will be computed for the period in which the AIC is in custody based solely on the AIC's conduct in the county jail. If an AIC is incarcerated in an Oregon county jail, serving a jail sanction imposed by the courts as a result of a second look conditional release suspension, earned time credits will be computed for the period in which the AIC is in custody based solely on the AIC's conduct in the county jail.

(a) Conduct compliance will be assumed, unless the Department receives documentation of adjudicated misconduct from the facility.

(A) For sentences eligible for a maximum of 20% earned time credits, the AIC will be granted an effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration.

(B) For sentences eligible for a maximum of 30% earned time credits, the AIC will be granted an effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration.

(b) Any verified major misconduct equivalent to a Level I or Level II major misconduct violation as defined in the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) during the incarceration will result in an effective 0 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration. The date of the adjudication, not of the incident, will be used for the date of the violation.

(15) Work Release: A revocation of an AIC's work release is deemed noncompliant with the AIC's case plan.

Or. Admin. Code § 291-097-0240

CD 14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2000, f. & cert. ef. 6-26-00; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11; Renumbered from 291-097-0020 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0020 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13; DOC 10-2016, f. & cert. ef. 9/15/2016; 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