Or. Admin. Code § 291-100-0008

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

Section 291-100-0008 - Definitions

(1) Abscond: Unauthorized absence from parole or post-prison supervision.

(2) Adult In Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Adult on supervision: Any person under the supervision of the Department of Corrections, local supervisory authority or community corrections who is on probation, parole, or post-prison supervision status.

(4) Commitments: A sentence of incarceration to the legal and physical custody of the Department of Corrections.

(5) Concurrent and Consecutive Ghosts: AICs with Oregon Department of Corrections sentences who are housed in a federal or another state's jurisdiction (not physically housed in an Oregon Department of Corrections facility) and their Oregon sentence is ordered to be served either concurrently or consecutively or both to a sentence from the federal or other state's jurisdiction.

(6) Conduct: Unless the context requires otherwise, "conduct" has the meaning provided in ORS 161.085.

(7) Court/Legal Name: As referenced on facesheets used within institutions, defined as follows:

(a) Court Name: The AIC name based on the name provided in the first judgment of the custody cycle sentencing an AIC to the custody of the Department of Corrections, as established and used by the Department of Corrections for use on an AIC's case file, identification card, medical file, etc.

(b) Legal Name: an alternative AIC name requested by an AIC that is:

(A) Materially different from the court name;

(B) Supported by legal documentation; and

(C) Authorized for use by the Department of Corrections on the AIC's case file, identification card, medical file, etc.

(8) Crime: Unless the context requires otherwise, "crime" has the meaning provided in ORS 161.515.

(9) Custodial Authority: The authority holding physical custody of the AIC, who is responsible for certifying time served while in that authority's custody.

(10) Custody Cycle: The time period during which a person begins incarceration with the Department of Corrections, including the time period when the person is under the supervision of community corrections, until discharge from all Department of Corrections and community corrections incarceration and supervision.

(11) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(12) Earned Time Credits: Reduction in the term of incarceration, up to 30 percent of the term of incarceration imposed, that can be earned by an AIC sentenced under sentencing guidelines, pursuant to ORS 421.121 and the department's rules on Prison Term Modification (OAR 291-097).

(13) Escape: Unauthorized departure of an AIC from the physical or legal custody of the Department of Corrections. Escape includes "constructive escape" where an AIC has any unserved Department of Corrections felony sentence(s) and, by no effort of the AIC, is voluntarily absent from the Department of Corrections (for example, where an AIC is released from custody after serving a local supervisory sentence despite the AIC having an unserved Department of Corrections felony sentence(s)).

(14) Extra Good Time Credits: Reduction in the term of sentence that can be earned by an AIC sentenced for crimes committed prior to November 1, 1989 pursuant to ORS 421.120(2)(c), (d), (e) and 421.122, and the department's rules on Prison Term Modification (OAR 291-097).

(15) Facesheet: A document used within institutions that shows a summary of sentences for which an AIC is incarcerated by the Department of Corrections.

(16) Good Time Date: An indeterminate sentence's release date calculated for AICs serving a sentence(s) for a crime(s) committed prior to November 1, 1989 achieved through reduction in the sentence due to the granting of statutory good time credits and extra good time credits.

(17) Inoperative Time: Time spent on abscond, escape, or unauthorized departure from custody, any form of temporary or transitional leave, or parole or post-prison supervision, which does not count toward service of the sentence(s).

(18) Intake Facility: A Department of Corrections facility designated by the department to receive AICs upon commitment to the legal and physical custody of the department and conduct intake evaluations of AICs including custody classification, needs assessment, and some program assessments.

(19) Jail Good Time and Work Time Credits: Time credits for good behavior and work performed as allowed for AICs in a county local correctional facility pursuant to ORS 169.110 and 169.120, which are included as time thus served toward a probation revocation sentence if certified as part of the probationary sentence.

(20) Judgment: Document issued by the court that commits an AIC to the legal and physical custody of the Department of Corrections, and reflects the AIC's term of incarceration, any applicable statutes, term of post-prison supervision for crimes committed on or after November 1, 1989, and court-ordered supervision conditions, if any.

(21) Maximum Sentence Expiration Date: The very latest date that a person can be held or supervised by the department on a particular sentence.

(22) Offender Information & Sentence Computation Unit (OISC): The functional unit charged to administer applicable statutes pertaining to sentencing; develop, implement, and revise applicable processes for sentence computation; respond to public information requests regarding AICs and offenders; certify an AIC's release date; and provide supportive services to department facilities regarding AIC sentencing.

(23) ORS 137.635 Sentence: A determinate sentence resulting from a conviction of at least one of ten listed felony crimes (for example, Murder in any degree, including any aggravated form of Murder, Manslaughter I, Assault I, Kidnapping I, Rape I, Sodomy I, Unlawful Sexual Penetration I, Burglary I, Arson I or Robbery I) if the AIC also has a prior conviction for at least one of those ten listed felony crimes.

(24) Parole Release Date: The date on which an AIC is ordered to be released from an indeterminate prison sentence(s) to parole by the Board of Parole and Post-Prison Supervision. Parole release may be to the community, detainer, or to another Department of Corrections sentence.

(25) Parole Suspend Warrant: Issuance of an arrest and detain warrant by the Board of Parole and Post-Prison Supervision which ceases an AIC's parole supervision.

(26) Parole Violator: Any person whose parole supervision has been revoked by the Board of Parole and Post-Prison Supervision.

(27) Post-Prison Supervision: A period of community supervision ordered by the sentencing judge for persons convicted of a crime(s) committed on or after November 1, 1989.

(28) Post-Prison Supervision Violator: Any person whose post-prison supervision has been revoked by the Board of Parole and Post-Prison Supervision.

(29) Predicate Crime: Pursuant to ORS 137.635(2), a felony crime in which a prior conviction qualifies an AIC to be sentences as an ORS 137.635 felon.

(30) Pre-sentencing Guidelines Sentences: Indeterminate sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989, pursuant to ORS 137.120(1). May also be referred to as "Matrix" sentences.

(31) Prison Term:

(a) Sentencing Guidelines Sentences: For sentences imposed for crimes committed on or after November 1, 1989, the length of incarceration time within a Department of Corrections facility as established by the court in the judgment for each crime of conviction.

(b) Pre-Sentencing Guidelines Sentences: For indeterminate sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989, the length of required incarceration time within a Department of Corrections facility as established by the order of the Board of Parole and Post-Prison Supervision setting of a parole release date.

(32) Projected Release Date: The date upon which an AIC is anticipated to complete service of the term of incarceration.

(33) Qualifying ORS 137.635 Conviction: Conviction of a crime listed in ORS 137.635 that was committed following a predicate conviction of any of the ten crimes listed in ORS 137.635(2).

(34) Release Date Adjustment Form (CD 1417): A standardized form used by the Department of Corrections for documentation of the request and approval or disapproval for early release as authorized by the Department of Corrections.

(35) Revocation Sanction: A term of incarceration or confinement designated by the Board of Parole and Post-Prison Supervision or its designee for violation of conditions of parole and post-prison supervision.

(36) Sentence: The punishment given to a person who has been convicted of a crime.

(a) Sentencing Guidelines Sentences: For purposes of these rules and Department of Corrections sentence computation, "sentence" means the length of incarceration time within a Department of Corrections facility, as established by the court in the judgment for each crime of conviction for crimes committed on or after November 1, 1989.

(b) Pre-Sentencing Guidelines Sentences: For the purposes of these rules and Department of Corrections sentence computation, the length of time an AIC is ordered to the legal and physical custody of the Department of Corrections, up to the maximum indeterminate amount authorized by Oregon law, as established by the court in the judgment and reduced by statutory good time credits and extra good time credits for crimes committed on or after October 4, 1977 and prior to November 1, 1989.

(37) Sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after November 1, 1989 pursuant to ORS 137.120(2).

(38) Statutory Good Time Credits: Prison term reduction credits applicable to sentences for crimes committed prior to November 1, 1989, pre-sentencing guidelines), pursuant to ORS 421.120(2)(a), (b), and the department's rules on Prison Term Modification (OAR 291-097).

(39) Time Served Certification: A signed statement by a sheriff of the number of days an AIC was imprisoned prior to delivery of the AIC to a Department of Corrections facility.

(40) Time Served Credits: Pre-sentence time an AIC is confined in a county jail prior to sentencing, as certified in accordance with these rules. Time served credits also include time confined in jail between sentencing and arrival at a Department of Corrections intake facility.

(41) True Name: An alternative name added to an inmate's case file and used as an additional identifier when supporting documentation is received (for example, legal name change, birth certificate, marriage license) to the satisfaction of the department. This name may also be entered as a "Court/Legal Name" upon receipt of request from the AIC.

Or. Admin. Code § 291-100-0008

CD 23-1983, f. & ef. 5-2-83; CD 51-1985, f. & ef. 8-16-85; CD 45-1986, f. & ef. 10-21-86; CD 7-1989, f. & cert. ef. 5-25-89; CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05; DOC 9-2006(T), f. & cert. ef. 8-7-06 thru 2-3-07; DOC 1-2007, f. 1-31-07, cert. ef. 2-1-07; DOC 1-2019, amend filed 01/16/2019, effective 1/16/2019; DOC 12-2024, amend filed 07/05/2024, effective 7/5/2024

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075