2013 ORS § 421.121¹
Reduction in term of incarceration
  • rules

(1) Except as provided in ORS 137.635 (Determinate sentences required for certain felony convictions), each inmate sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for:

(a) Appropriate institutional behavior, as defined by rule of the Department of Corrections; and

(b)(A) Participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program); or

(B) Obtaining a high school diploma, a General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524) or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210). The reduction described in this subparagraph may not exceed a period of 60 days.

(2) The maximum amount of time credits earned for appropriate institutional behavior, for participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program) or for obtaining a diploma, certificate or degree described in subsection (1)(b)(B) of this section may not exceed 20 percent of the total term of incarceration in a Department of Corrections institution.

(3) The time credits may not be used to shorten the term of actual prison confinement to less than six months.

(4) The department shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 to establish a process for granting, retracting and restoring the time credits earned by the offender as allowed in subsections (1) to (3) of this section. [1989 c.790 §§60,61; 1991 c.855 §5; 2007 c.15 §5; 2009 c.623 §1; 2009 c.660 §§17,19; 2010 c.2 §§1,3]

Note: The amendments to 421.121 (Reduction in term of incarceration) by section 3, chapter 2, Oregon Laws 2010, became operative July 1, 2013, and apply to inmates who are sentenced for a crime committed on or after July 1, 2013, and who are not prohibited by any other provision of law from obtaining a reduction in the term of incarceration under 421.121 (Reduction in term of incarceration). See section 4, chapter 2, Oregon Laws 2010. The text that was operative until July 1, 2013, is set forth for the users convenience.

421.121 (Reduction in term of incarceration). (1) Except as provided in ORS 137.635 (Determinate sentences required for certain felony convictions), each inmate sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for:

(a) Appropriate institutional behavior, as defined by rule of the Department of Corrections; and

(b)(A) Participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program); or

(B) Obtaining a high school diploma, a General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 (Definitions for ORS 337.511 to 337.524) or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210). The reduction described in this subparagraph may not exceed a period of 60 days.

(2)(a) The maximum amount of time credits earned for appropriate institutional behavior, for participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program) or for obtaining a diploma, certificate or degree described in subsection (1)(b)(B) of this section may not exceed 30 percent of the total term of incarceration in a Department of Corrections institution.

(b) Notwithstanding paragraph (a) of this subsection, the maximum amount of time credits earned under this section may not exceed 20 percent of the total term of incarceration in a Department of Corrections institution that is imposed in a criminal action described in subsection (3) of this section.

(3) Subsection (2)(b) of this section applies to the total term of incarceration that is imposed in a criminal action in which:

(a) The parties stipulate that the inmate is subject to subsection (2)(b) of this section;

(b) The inmate is convicted of an offense that was committed less than five years after the inmate completed serving a sentence for:

(A) A person felony; or

(B) A crime described in paragraph (e) of this subsection;

(c) The inmate is convicted of a person felony;

(d) The inmate is convicted of an offense involving the use or threatened use of a firearm; or

(e) The inmate is convicted of any of the following crimes:

(A) Subjecting another person to involuntary servitude in the second degree under ORS 163.263 (Subjecting another person to involuntary servitude in the second degree);

(B) Subjecting another person to involuntary servitude in the first degree under ORS 163.264 (Subjecting another person to involuntary servitude in the first degree);

(C) Trafficking in persons under ORS 163.266 (Trafficking in persons);

(D) Coercion under ORS 163.275 (Coercion);

(E) Online sexual corruption of a child in the second degree under ORS 163.432 (Online sexual corruption of a child in the second degree);

(F) Online sexual corruption of a child in the first degree under ORS 163.433 (Online sexual corruption of a child in the first degree);

(G) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), if:

(i) The victim of the theft was 65 years of age or older at the time of the commission of the offense; and

(ii) The value of the property stolen from the victim described in sub-subparagraph (i) of this subparagraph, in a single or aggregate transaction, is $10,000 or more;

(H) Treason under ORS 166.005 (Treason);

(I) Abuse of a corpse in the second degree under ORS 166.085 (Abuse of corpse in the second degree);

(J) Racketeering activities under ORS 166.720 (Racketeering activity unlawful);

(K) Luring a minor under ORS 167.057 (Luring a minor);

(L) Assaulting a law enforcement animal under ORS 167.339 (Assaulting a law enforcement animal);

(M) A sex crime as defined in ORS 181.805 (Definitions for 181.800 to 181.845);

(N) Causing another person to ingest a controlled substance under ORS 475.908 (Causing another person to ingest a controlled substance);

(O) Applying a controlled substance to the body of another person under ORS 475.910 (Application of controlled substance to the body of another person);

(P) Driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) (5); or

(Q) An attempt, conspiracy or solicitation to commit an offense described in this paragraph or in paragraph (c) or (d) of this subsection.

(4) The time credits may not be used to shorten the term of actual prison confinement to less than six months.

(5) The department shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 to establish a process for granting, retracting and restoring the time credits earned by the offender as allowed in subsections (1) to (4) of this section.

(6) As used in this section:

(a) Completed serving a sentence includes the completion of any term of probation, parole or post-prison supervision.

(b) Person felony has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

Note: Section 2, chapter 2, Oregon Laws 2010, provides:

Sec. 2. (1) The amendments to ORS 421.121 (Reduction in term of incarceration) by section 1 of this 2010 Act become operative on July 1, 2011.

(2) The amendments to ORS 421.121 (Reduction in term of incarceration) by section 1 of this 2010 Act apply to inmates:

(a) Who are sentenced for a crime committed on or after July 1, 2011, and before July 1, 2013; and

(b) Who are not prohibited by any other provision of law from obtaining a reduction in the term of incarceration under ORS 421.121 (Reduction in term of incarceration). [2010 c.2 §2]