Or. Admin. Code § 291-097-0295

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

Section 291-097-0295 - AICs With Indeterminate Sentences of Thirty-Six Months or Less

(1) The functional unit manager may recommend to the Board of Parole and Post-Prison Supervision that an AIC's parole release date be reset to an earlier date in those cases where the AIC has received a parole release date set from the Board of Parole and Post-Prison Supervision of 36 months or less, if:

(a) The AIC has been incarcerated in a Department of Corrections facility for at least six months; and

(b) The AIC's performance in two areas, the case plan and institution conduct, as set forth in the criteria for calculation and application of earned time credits in OAR 291-097-0240 warrants a positive recommendation.

(2) AICs serving a term of incarceration in a Department of Corrections facility as a sanction for violation of parole or post-prison supervision are ineligible for consideration for a positive recommendation.

(3) AICs sentenced to a minimum term of incarceration pursuant to ORS 144.110 (judicial minimum) or 161.610 (gun minimum), are ineligible for consideration for a positive recommendation, until such minimum incarceration term has been served.

(4) AICs serving an enhanced sentence pursuant to ORS 161.725 and 161.735 (dangerous offender), or pursuant to ORS 426.675 (sexually dangerous person), are ineligible for consideration for a positive recommendation.

(5) At the end of the review period, based upon six-months increments beginning with the AIC's admission date, a counselor will evaluate the AIC's eligibility, consistent with OAR 291-097-0240, for a positive recommendation based on the criteria set forth above. Based upon the AIC's performance, the counselor will recommend to the functional unit manager or designee that the AIC be considered by the Board of Parole and Post-Prison Supervision for a 0, 10 or 20 percent reduction in the prison term set by the Board, and a corresponding parole release date.

(6) The functional unit manager or designee will review the recommendation of the counselor, approve/deny or otherwise modify the recommendation, and send the determination to the Board of Parole and Post-Prison Supervision on an action sheet for the Board's consideration.

Or. Admin. Code § 291-097-0295

CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; Renumbered from 291-097-0120 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0120 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13; DOC 5-2021, amend filed 04/07/2021, effective 4/7/2021

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075