Oregon Administrative Code

291-097-0250 Retraction of Earned Time Credits Time credits previously earned or applied will be retracted as follows: (1) The AIC is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the AIC's right to a hearing, and the disciplinary or…

291-097-0255 Restoration of Earned Time Credits (1) Time credits that have been retracted may be restored upon recommendation of staff and approval of the functional unit manager or designee only for an AIC who has been involved in saving a life or through the Adjustments to Fina…

291-097-0260 Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences (1) Four months prior to an AIC’s projected release date, OISC staff (or the ODOC staff, as designated by the Correctional Services Division, for AICs housed in non-Ore…

291-097-0265 Administrative Review (1) An AIC may obtain an independent review of the determination of their case plan performance as documented by the OISC staff or the ODOC staff as designated by the Correctional Services Division, (for AICs housed in non-Oregon Department of C…

291-097-0270 Statutory Good Time Credits (1) Pursuant to ORS 421.120(2)(a),(b) [former ORS 421.120 (1) (a), (b)], and these rules, each AIC confined in execution of the judgment of sentence upon any conviction for a crime committed prior to November 1, 1989, for any term other th…

291-097-0275 Extra Good Time Credits (1) Pursuant to ORS 421.120(2)(c), (d), (e) [former ORS 421.120(1)(c), (d), (e)], 421.122, and these rules, each AIC confined in execution of the judgment of sentence upon any conviction for a crime committed prior to November 1, 1989, for any…

291-097-0280 Retraction of Statutory Good Time and Extra Good Time Credits Statutory good time and extra good time credits previously earned or applied may be retracted as a result of a disciplinary action as follows: (1) The AIC is found guilty of a major rule violation after a …

291-097-0285 Restoration of Statutory Good Time and Extra Good Time Credits (1) Statutory good time and extra good time credits that have been retracted may be restored upon recommendation of staff and approval of the functional unit manager or designee only for an AIC who has be…

291-097-0290 AICs With Indeterminate Sentences of More Than Thirty-Six Months (1) The functional unit manager may recommend to the Board of Parole and Post-Prison Supervision that an AIC receive prison term reduction credits in those cases where the AIC has received a parole rele…

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 p…

291-097-0300 Extension of Parole Release Date (Recommendations) The Department of Corrections may recommend to the Board of Parole and Post-Prison Supervision that an AIC's parole release date be reset to a later date as a result of a disciplinary action, as follows: (1) The AIC …

291-097-0305 Administrative Review (1) An AIC may obtain an independent review of the determination of their referral to the Board of Parole and Post-Prison Supervision for a modification of the parole release date set by writing to the Counselor Case Management Unit and requesti…

291-100-0005 Authority, Purpose and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 18.038, 137.071, 137.120, 137.123, 137.124, 137.315, 137.320, 137.370, 137.372, 137.373, 137.375, 137.540, 13…

291-100-0008 Definitions (1) Abscond: Unauthorized absence from parole or post-prison supervision. (2) Adult In Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status. (3) Adult on superv…

291-100-0013 Admissions (1) In-State Commitments: (a) Intake Facility: The Coffee Creek Correctional Facility is the general intake facility for male and female AICs committed to the Oregon Department of Corrections except as outlined in (e), (f), and (j) through (l) below. (b) P…

291-100-0027 Computing Sentences under ORS 137.320 (1) When computing a sentence under ORS 137.320, OISC staff will review the judgment document for information that is necessary to properly compute the sentence and to determine if it complies with ORS 137.071 and ORS 18.038 by c…

291-100-0070 First and Last Day Credit (1) An AIC will receive a full day of credit for the date of commitment to the department. (2) An AIC will receive a full day of credit for the last day of the sentence in a department facility. Statutory/Other Authority: ORS 137, 144, 161.6…

291-100-0075 Definition of a Month (1) Upon receipt of a judgment imposing a certain number of months to be served, the Department of Corrections will complete the calculation by adding that number of months to the begin date. The actual number of days served will vary slightly d…

291-100-0080 Credit for Pre-sentence Time Served (ORS 137.370) (1) OISC must receive time served certifications directly from the county sheriff or other qualified certifying authority. Time served certifications will not be accepted from an AIC. Time served must be certified by …

291-100-0085 Credit for Time Served as Part of a Probationary Sentence (ORS 137.372(2)) An AIC who has been ordered confined as part of a probationary sentence for a crime committed on or after July 18, 1995, shall receive credit for time served in jail after arrest and before co…

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 pro…

291-100-0095 Credit for Time Served Following Failure of Diversion or Specialty Court Program (ORS 137.373(2)) For judgments imposed on or after August 1, 2015, a person who is ordered to the custody of the Department of Corrections following the failure to complete a diversion p…

291-100-0100 Prison Term and Sentence Reduction Credits (1) Statutory Good Time and Extra Good Time Credits: Statutory Good Time and Extra Good Time Credits may be applied in accordance with ORS 421.120(2), 421.122, and the department’s rules on Prison Term Modification (OAR 291-…

291-100-0105 Convictions Under ORS 137.700 and 137.707 When a person is convicted of an offense listed in ORS 137.700 or 137.707 for a crime committed on or after the effective dates listed in ORS 137.700 and 137.707, the person shall serve the entire sentence imposed by the cour…

291-100-0110 Convictions Under ORS 137.635 (Ballot Measure 4 Sentences) (1) Prior Convictions for ORS 137.635 Predicate Crimes: (a) For purposes of ORS 137.635, a person has a prior conviction for an ORS 137.635 predicate crime if the person committed and was previously convicted…

291-100-0115 Sentencing Pursuant to ORS 137.750 and ORS 137.751 (1) Sentences imposed for crimes committed on or after December 5, 1996 and before January 1, 2009: Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after December 5, 1996 a…

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…

291-100-0130 Computation of Inoperative Time (1) Pursuant to 137.370(2), time on escape or on “suspend” status from transitional leave outside a Department of Corrections or other assigned facility status will not be credited toward service of a department sentence. (2) An AIC’s …

291-100-0140 Computation of Sentences for Parole Violators (1) Upon parole revocation, the suspend, revocation, and arrest dates provided by the Board of Parole and Post-Prison Supervision will be used by OISC staff to calculate new good time and maximum sentence expiration dates…

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 releas…

291-100-0160 Adjusted Release Date (1) Pursuant to ORS 137.375, when an AIC’s release date falls on a Saturday, Sunday, or legal holiday, the AIC shall be released at the discretion of the releasing authority on the first, second, or third day preceding the date of release which …

291-104-0106 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to: (a) Establish Departm…

291-104-0111 Definitions (1) Administrative Review: A review of classification scoring, classification level, or classification override requested by an inmate and completed by the designated institution committee, facility functional unit manager, or Classification Manager. (2) …

291-104-0116 Initial Classification (1) The Department of Corrections shall assign inmates an initial custody level in accordance with the Custody Classification Guide (Attachment 1) or the inmate’s Violence Predictor Score, whichever is higher. An inmate will generally be assign…

291-104-0125 Classification Review (1) An inmate’s custody classification level will be reviewed when new information is received that affects a classification scoring policy element or when an inmate’s Violence Predictor Score has expired. (2) Custody Classification Levels 1–4: …

291-104-0135 Administrative Review (1) An inmate may request an administrative review of his/her classification action by completing and submitting the Department of Corrections Request for Administrative Review form (CD1120aD) or Request for Administrative Review of IMU Level 5 …

291-104-0140 Classification Quality Assurance Review (1) The Classification Manager is responsible for reviewing facility classification procedures and decisions. (2) Reviewing shall consist of routine review of custody Level 1 and 2 placements and review of individual classifica…

291-105-0005 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.068, 421.180, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to define th…

291-105-0010 Definitions (1) Adjudicate: To determine the disposition of a misconduct report. (2) Adjudicator: The assigned employee within the facility responsible for the disposition of all informal hearings and minor misconduct reports that are to be adjudicated without a form…

291-105-0013 AIC Access to the Rules of Prohibited Conduct During the admission and orientation process, AICs will be provided with the Rules of Misconduct (291-105-0015) and Rights in Formal and Informal Hearings (291-105-0056). Spanish‑speaking AICs will receive copies in Spani…

291-105-0015 Rules of Misconduct (1) Violations Involving Property (a) 1.01 Arson: An AIC commits arson when that AIC starts an unauthorized fire or causes an explosion. (b) 1.05 Property I: An AIC commits Property I when that AIC, except as authorized by an employee, destroys, a…

291-105-0021 Procedures for Handling Misconduct by AICs (1) Corrective Action: Employees shall be expected to use less formal procedures if the act or acts of misconduct do not constitute an immediate and continued threat to life, health, facility security, employee authority, or…

291-105-0026 Hearings Officers Responsibilities (1) Unless waived by the AIC, a formal hearing shall be conducted by the Hearings Officer on all misconduct reports charging a major rule violation(s) and included minor violation(s), and on all misconduct reports charging a minor r…

291-105-0028 Conduct of Formal Hearings (1) Unless waived by the AIC, a formal hearing shall be conducted by the Hearings Officer on all misconduct reports charging any major rule violation and any included minor violation, on all misconduct reports charging a minor rule violatio…

291-105-0031 Processing of the Formal Record (1) Within 10 working days following the conclusion of the hearing, the Hearings Officer shall prepare and deliver to the functional unit manager or designee a Preliminary Order containing the Hearings Officer's finding of fact and con…

291-105-0036 Preparation of the Formal Record (1) The record of the formal hearing shall include: (a) The misconduct report(s); (b) The Notice of Hearing and Rights; (c) Supporting material; (d) The Final Order (Findings of Fact, Conclusions, and Order) issued by the Hearings Off…

291-105-0041 Adjudicator Responsibilities (1) An adjudicator shall be appointed by the functional unit manager in each Department of Corrections facility. (2) The adjudicator will receive all minor misconduct reports, once they have been entered into the disciplinary system and a…

291-105-0046 Conduct of the Informal Hearings (1) An informal hearing shall be conducted by the adjudicator on all misconduct report(s) that do not charge a major violation(s), unless the AIC requests a formal hearing in writing on the Notice of Hearing and Rights form or verball…

291-105-0056 AIC Rights in Formal and Informal Hearings (1) Hearing: The AIC shall be entitled to a hearing whenever a misconduct report has been filed. An AIC receiving a minor misconduct report shall not receive a formal hearing, unless specifically requested. (2) Waiver of Hea…

291-105-0058 Investigations in Formal and Informal Hearings (1) The Hearings Officer or adjudicator may order an investigation. (2) The investigator shall not have been a witness to the event or have participated in the case as a charging officer. (3) The Hearings Officer or adju…