Or. Admin. Code § 213-005-0001

Current through Register Vol. 63, No. 12, December 1, 2024

Section 213-005-0001 - Place and Term of Incarceration

(1) If an offense is classified in a grid block above the dispositional line, the presumptive sentence shall be a term of imprisonment within the durational range of months stated in the grid block. The sentencing judge should select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.

(2) Terms of incarceration 12 months or less shall be served at the direction of the supervisory authority. Terms of incarceration greater than 12 months shall be served in the legal and physical custody of the Department.

(3) Notwithstanding the term of imprisonment imposed by the sentencing court, and as authorized by the court pursuant to ORS 137.750 for crimes committed on or after December 5, 1996, an offender who enters and successfully completes a special alternative incarceration program, in accordance with the rules and procedures adopted by the Department of Corrections pursuant to ORS 421.500 et. seq., may be released early to serve the term of post-prison supervision imposed as part of the original sentence.

(4) Notwithstanding section (2) of this rule:

(a) Terms of incarceration 12 months or less imposed pursuant to ORS 166.070(2) shall be served in the legal and physical custody of the Department; and

(b) Offenders sentenced under 2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration of 90 days, without reduction for any reason.

Or. Admin. Code § 213-005-0001

SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0001; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 2-2012, f. & cert. ef. 4-27-12; CJC 4-2012, f. & cert. ef. 10-16-12

Stat. Auth.: ORS 137.667, 421.512 & 2003 OL Ch. 464

Stats. Implemented: ORS 137.667, 137.669, 137.750, 163.165(2), 421.512; 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598