2017 ORS 421.121¹
Reduction in term of incarceration
  • rules

(1) Except as provided in ORS 137.635 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders), 163.105 (Sentencing options for aggravated murder) and 163.115 (Murder), 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) Participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program).

(2) The maximum amount of time credits earned for appropriate institutional behavior or for participation in the adult basic skills development program described in ORS 421.084 (Adult basic skills development program) 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; 2015 c.625 §1]

Notes of Decisions

Depart­ment of Correc­tions acted within range of discre­tion provided in this sec­tion when depart­ment adopted rule that included participa­tion in work assign­ment and self-improve­ment programs among criteria to consider in determining reduc­tion in term of incarcera­tion. Chapman v. Dept. of Correc­tions, 118 Or App 11, 846 P2d 409 (1993)

Legislature intended that pro­vi­sion of ORS 137.635 (Determinate sentences required for certain felony convictions) denying term reduc­tions also apply to felonies committed after November 1, 1989, and sen­tenced under this sec­tion. Curry v. Grill, 125 Or App 507, 866 P2d 1237 (1993)

For juveniles com­mit­ting ag­gra­vat­ed mur­der before June 30, 1995, State Board of Parole and Post-Prison Supervision determines “term of incarcera­tion” through setting of parole release date. State ex rel Engweiler v. Cook, 340 Or 373, 133 P3d 904 (2006)

Trial court’s denial of eligibility for addi­tional good time credits under 2009 amend­ments does not alter original judg­ment and, thus, is not ap­pealable. State v. Portis, 233 Or App 256, 225 P3d 841 (2010)

1 Legislative Counsel Committee, CHAPTER 421—Department of Corrections Institutions; Compacts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors421.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 421, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano421.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.