Or. Admin. Code § 291-100-0150

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

Section 291-100-0150 - Release

(1) An AIC shall not be released from confinement in a Department of Corrections facility except as authorized in writing by an appropriate releasing authority.

(2) AICs serving a sentence(s) for crime(s) committed on or after November 1, 1989 shall be released from confinement on that sentence(s) only upon completion of their incarceration term, or upon receipt and verification of:

(a) A court order or judgment requiring the AIC's release;

(b) A commutation or pardon order issued by the Governor requiring the AIC's release; or

(c) An order of release to post-prison supervision issued by the Board of Parole and Post-Prison Supervision for those sentences, in accordance with statutes, the Board has release authority over.

(3) AICs serving a sentence(s) for crime(s) committed prior to November 1, 1989 shall be released from confinement on that sentence(s) only upon:

(a) Receipt and verification of:

(A) An order of parole release issued by the Board of Parole and Post-Prison Supervision; or

(B) An order of parole-like release six months prior to the AIC's good time date in the event an AIC refuses parole for crimes committed prior to September 20, 1985; or

(C) A court order or judgment requiring the AIC's release; or

(D) A commutation or pardon order issued by the Governor requiring the AIC's release

(b) Discharge of a sentence, upon:

(A) The good time date when the good time date is reached on or before a parole release date set by the Board of Parole and Post-Prison Supervision; or

(B) For crimes committed prior to September 20, 1985, upon the good time date when the good time date is reached and the AIC has refused parole; or

(C) Compelled parole pursuant to ORS 144.245(2) for crimes committed on or after September 20, 1985 and prior to November 1, 1989.

(4) OISC staff shall receive and distribute to the Department of Corrections facility having physical custody of the AIC, any verified court order or judgment requiring the AIC's release.

Or. Admin. Code § 291-100-0150

CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 2-2002(Temp), f. & cert. ef. 1-15-02 thru 7-14-02; DOC 9-2002, f. & cert. ef. 7-12-02; DOC 5-2005, f. & cert. ef. 4-13-05; 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