2011 ORS § 421.508¹
Determination of eligibility for program
  • denial
  • suspension or removal
  • completion

(1)(a) The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, a program. However, the department may not release an offender under subsection (4) of this section unless authorized to do so as provided in ORS 137.751 (Determination of defendants eligibility for release on post-prison supervision under ORS 421.508).

(b) The department may not accept an offender into a program unless the offender submits a written request to participate. The request must contain a signed statement providing that the offender:

(A) Is physically and mentally able to withstand the rigors of the program; and

(B) Has reviewed the program description provided by the department and agrees to comply with each of the requirements of the program.

(c) The department may deny, for any reason, a request to participate in a program. The department shall make the final determination regarding an offenders physical or mental ability to withstand the rigors of the program.

(d) If the department determines that an offenders participation in a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the department, the department may, in its discretion, accept the offender into the program.

(2) The department may suspend or remove an offender from a program for administrative or disciplinary reasons.

(3) The department may not accept an offender into a program if:

(a) The department has removed the offender from a program during the term of incarceration for which the offender is currently sentenced; or

(b) The offender has a current detainer from any jurisdiction that will not expire prior to the offenders release from the custody of the department.

(4) When an offender has successfully completed a program, the department may release the offender on post-prison supervision if:

(a) The court has entered the order described in ORS 137.751 (Determination of defendants eligibility for release on post-prison supervision under ORS 421.508); and

(b) The offender has served a term of incarceration of at least one year.

(5) An offender may not be released on post-prison supervision under subsection (4) of this section if the release would reduce the term of incarceration the offender would otherwise be required to serve by more than 20 percent.

(6) For the purposes of calculating the term of incarceration served under subsection (4)(b) of this section, the department shall include:

(a) The time that an offender is confined under ORS 137.370 (Commencement and computation of term of imprisonment in state penal or correctional institution) (2)(a); and

(b) The time for which an offender is granted nonprison leave under ORS 421.510 (Eligibility for nonprison leave).

(7) Successful completion of a program does not relieve the offender from fulfilling any other obligations imposed as part of the sentence including, but not limited to, the payment of restitution and fines. [1993 c.681 §4; 1997 c.313 §17; 2003 c.464 §4; 2008 c.35 §4]

Note: See note under 421.500 (Findings).