Or. Admin. Code § 291-100-0115

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

Section 291-100-0115 - Sentencing Pursuant to ORS 137.750 and ORS 137.751

(1) Sentences imposed for crimes committed on or after December 5, 1996 and before January 1, 2009: Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after December 5, 1996 and before January 1, 2009, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, alternative incarceration program, or program of conditional or supervised release authorized by law unless the court finds substantial and compelling reasons to order a defendant not be considered for such leave, release or program.

(2) Sentences imposed for crimes committed on or after January 1, 2009:

(a) Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after January 1, 2009, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, or program of conditional or supervised release authorized by law unless the court finds substantial and compelling reasons to order a defendant not be considered for such leave, release or program.

(b) Pursuant to ORS 137.751, when the court sentences a defendant for any crime committed on or after January 1, 2009, the court must make certain findings and must order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.508(4) for a defendant to be eligible for an Alternative Incarceration Program.

(3) The Department of Corrections may consider the AIC for any form of temporary leave, sentence reduction credits, work release, alternative incarceration programs, or programs of conditional or supervised release, only upon order of the sentencing court appearing in the judgment.

(4) The Department of Corrections will not consider an AIC eligible for a ORS 137.750 or 137.751 program unless a sentencing court specifically orders, in writing, that the AIC is eligible for such program(s) in the judgment.

Or. Admin. Code § 291-100-0115

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

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

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