Or. Admin. Code § 291-100-0080

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-100-0080 - Credit for Pre-sentence Time Served (ORS 137.370)

(1) OISC must receive time served certifications directly from the county sheriff or other qualified certifying authority. Time served certifications will not be accepted from an AIC. Time served must be certified by the custodial authority.

(2) It is the AIC's responsibility to direct inquiries to OISC regarding pre-sentence time served certified by the county if they believe it does not include all the time they were confined in that county's jail. Forms for this purpose will be available at the institution law library.

(3) Pursuant to ORS 137.320(3) and 137.370:

(a) For Sentences Imposed Prior to August 1, 2015: An AIC will receive time served credit only for the actual number of days confined after arrest in a county jail or other non-Department of Corrections facility, as authorized by statute, as a result of the crime for which the sentence is imposed. A conviction for a lesser included offense may receive pre-sentence time while confined on the greater inclusive crime. Credit will be given only for the pre-sentence time the AIC was confined in the county jail or other non-Department of Corrections facility, as authorized by statute. The days must be certified by the county sheriff or other qualified certifying authority and then verified by OISC (for example, days certified when the AIC was not actually confined in that county's jail cannot be applied).

(b) For Sentences Imposed on or after August 1, 2015: An AIC will receive time served credit only for the actual number of days confined by any authority after the arrest for the crime for which sentence is imposed; a lesser or greater inclusive offense of the crime for which sentence was imposed; and any other crime constituting a violation of Oregon law within the same county if designated by the sentencing court in the judgment as having been committed as part of the same criminal episode as the crime for which sentence was impose.

(c) An AIC will receive time served credit for time confined in a county jail or other non-Department of Corrections facility, as authorized by statute, against only the first of multiple consecutive sentences unless different dates are indicated for the consecutive sentences.

(d) An AIC will receive time served credit for time confined in a county jail or other non-Department of Corrections facility, as authorized by statute, against each of multiple concurrent sentences, if certified individually by case number.

(e) An AIC will not receive time served credit for the time the AIC is incarcerated in a Department of Corrections facility while awaiting trial and sentencing on additional criminal charges against the incarceration term arising out of those additional charges.

(f) Pursuant to ORS 137.370(4):

(A) For a sentence imposed prior to August 1, 2015, an AIC will not receive time served credit on a department sentence for time served in jail if that person also was confined as the result of a sentence for a crime or conduct that is not directly related to the crime for which the sentence is imposed, or for violation of the conditions of probation, parole, or post-prison supervision.

(B) For a sentence imposed on or after August 1, 2015, unless the sentencing court orders otherwise, an AIC will not receive time served credit on a department sentence for time served in jail if that person also was confined as the result of a sentence for a crime or conduct that is not directly related to the crime for which the sentence is imposed, or for violation of the condition of probation, parole, or post-prison supervision, unless the court expressly orders otherwise.

(g) An AIC will not receive time served credit for time in custody on a warrant or detainer unless that custody is the sole result of the warrant or detainer.

(h) An AIC will not receive time served credit for time not confined in the county jail, such as time spent on house arrest, electronic monitoring, or in a county work release program.

Or. Admin. Code § 291-100-0080

CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05; DOC 1-2019, amend filed 01/16/2019, effective 1/16/2019; DOC 12-2024, amend filed 07/05/2024, effective 7/5/2024; DOC 14-2024, minor correction filed 07/18/2024, effective 7/18/2024

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030, 423.075, Oregon Laws 1995, Chapter 657, section 20 & Oregon Laws 2015, Chapter 508, section 1

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