Or. Admin. Code § 255-040-0023

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

Section 255-040-0023 - Less Than 36 Month Prison Term Reductions

(1) By letter of agreement, the Board may authorize the Department of Corrections to apply the same criteria and percentage reductions to an offender's prison term as the Department applies to offenders earning credit toward their determinate sentences under Sentencing Guidelines' rules. The authorization shall apply only to offenders:

(a) With an established prison term of 36 months or less; and

(b) Who have served at least six months in Department of Correction's custody; and

(c) Who display an extended course of conduct indicating outstanding reformation.

(2) If the Department of Corrections recommends an earned credit reduction under this rule, the Board may administratively adjust the prison term when the Department of Corrections notifies the Board that credit has been earned.

(3) The Board shall apply the criteria listed in OAR 255-040-0025(2).

(4) If the Board previously upheld a judicially ordered minimum sentence, the Board shall not reduce the prison term to less than the minimum sentence except as provided by OAR 255-040-0028.

(5) Inmates serving sanctions for parole violations are not eligible for a reduction.

(6) If the Board previously ordered parole release postponement pursuant to ORS 144.125(3), the inmate is not eligible for a reduction.

Or. Admin. Code § 255-040-0023

PAR 7-1992(Temp), f. & cert. ef. 7-29-93; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-1999, f. & cert. ef. 1-15-99

Stat. Auth.: ORS 144.122 & ORS 144.780

Stats. Implemented: ORS 144.125(3)