Or. Admin. Code § 291-100-0090

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

Section 291-100-0090 - Credit for Time Served Toward a Probation Revocation Sentence

(1) Time served as a condition of probation:

(a) Crimes committed prior to November 1, 1989: Pursuant to ORS 137.545 (formerly ORS 137.550), an AIC will receive credit for time served as a condition of probation pursuant to ORS 137.540 against the incarceration term of any subsequent sentence resulting from revocation of probation. Time served includes jail good time and work time credits as certified.

(b) Crimes committed on or after November 1, 1989 and judgments entered prior to July 18, 1995: Pursuant to ORS 137.372 and former 137.550(6), an AIC will receive credit for time served as a condition of probation pursuant to ORS 137.540, or as part of a probationary sentence pursuant to the rules of the Oregon Criminal Justice Commission, against the incarceration term of any subsequent sentence resulting from revocation of probation only if ordered by the sentencing judge in the judgment. Time thus served includes jail good time and work time credits as certified.

(c) Crimes committed on or after November 1, 1989 and judgments entered on or after July 18, 1995 and before August 1, 2015: Pursuant to ORS 137.372, former ORS 137.550(6), and ORS 137.545(7), an AIC will receive credit for time served as a condition of probation pursuant to ORS 137.540, or as part of a probationary sentence pursuant to the rules of the Oregon Criminal Justice Commission, against the incarceration term of any subsequent sentence resulting from revocation of probation unless the sentencing judge orders otherwise in the judgment. Time thus served includes jail good time and work time credits as certified.

(d) Crimes committed on or after November 1, 1989 and judgments entered on or after August 1, 2015 and imposed as a downward dispositional departure, as defined in the Oregon Criminal Justice Commission rules, OAR 213-003, including optional probation: Pursuant to ORS 137.372(1)(a), an AIC will receive time served on a sentence, imposed as a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, for time served credit served in jail for time after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence up to 90 days. If the time served credit is greater than 90 days, the sentencing judge may limit or deny credit for any of the time that exceeds 90 days.

(e) Crimes committed on or after November 1, 1989 and judgments entered on or after August 1, 2015 and imposed as a presumptive probation: Pursuant to ORS 137.372(1)(b), an AIC will receive time served on a sentence, imposed as a presumptive probationary sentence under the rules of the Oregon Criminal Justice Commission, for time served credit served in jail for time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

(f) Crimes committed on or after November 1, 1989 and judgments entered on or after April 13, 2018 and imposed as an optional probation: Pursuant to ORS 137.372(1)(b), an AIC will receive time served on a sentence, imposed as an optional probation sentence under the rules of the Oregon Criminal Justice Commission, for time served credit served in jail for the time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

(2) Time served prior to commencement of probation:

(a) Pursuant to ORS 137.370(2)(a), an AIC who has been revoked from a probationary sentence for a crime committed on or after November 1, 1989 and prior to July 18, 1995, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence.

(b) Pursuant to ORS 137.370(2)(a), former ORS 137.372(1), and ORS 137.372(1)(b), an AIC who has been revoked from a presumptive probationary sentence for a crime committed on or after July 18, 1995, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence unless the sentencing judge orders otherwise.

(c) Pursuant to ORS 137.370(2)(a) and ORS 137.372(1)(a), an AIC who has been revoked from a downward dispositional departure probationary sentence, including optional probation under the rules of the Oregon Criminal Justice Commission for a crime committed on or after November 1, 1989 and judgment entered on or after August 1, 2015, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence up to 90 days. If the time served credit is greater than 90 days, the sentencing judge may limit or deny credit for any of the time that exceeds 90 days.

(d) Pursuant to ORS 137.370(2)(a) and ORS 137.372(1)(b), an AIC who has been revoked from a presumptive probationary sentence under the rules of the Oregon Criminal Justice Commission for a crime committed on or after November 1, 1989 and judgment entered on or after August 1, 2015, will receive credit for the time served in jail for the time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

(e) Pursuant to ORS 137.370(2)(a) and ORS 137.372(1)(b), an AIC who has been revoked from an optional probationary sentence under the rules of the Oregon Criminal Justice Commission for a crime committed on or after November 1, 1989 and judgment entered on or after April 13, 2018 will receive credit for the time served in jail for the time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

Or. Admin. Code § 291-100-0090

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

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