Or. Admin. Code § 291-100-0120

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

Section 291-100-0120 - ORS 161.610 Use of Firearm (Gun) Minimums

(1) Pre-Sentencing Guidelines:

(a) Pursuant to ORS 161.610, AICs serving a sentence(s) for crime(s) committed prior to November 1, 1989 containing an ORS 161.610 minimum incarceration term will begin the minimum incarceration term on the begin date of the sentence, less eligible time served credits.

(b) AICs serving a minimum incarceration term pursuant to ORS 161.610 shall not become eligible for work release or parole until the minimum incarceration term, less reductions for statutory good time, is served.

(c) AICs shall be released upon completion of the minimum incarceration term pursuant to ORS 161.610, or upon the parole release date, whichever is longer.

(2) Sentencing Guidelines Sentences:

(a) Pursuant to ORS 137.637, AICs serving a sentence(s) for crime(s) committed on or after November 1, 1989 containing an ORS 161.610 enhancement penalty shall have their sentence release date computed on the determinate sentence imposed less earned time under ORS 421.121, or the presumptive sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer.

(b) AICs serving a minimum incarceration term pursuant to ORS 161.610 will not be eligible for work release, alternative incarceration programs, release on post-prison supervision or any form of temporary leave from custody during the service of the term of imprisonment in accordance with the department's rules on Prison Term Modification (OAR 291-097); the department's rules on Work Release Programs (OAR 291-149); the department's rules on Alternative Incarceration Programs (OAR 291-062); and the department's rules on Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips (OAR 291-063).

Or. Admin. Code § 291-100-0120

CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; 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