Or. Admin. R. 255-040-0023 - Less Than 36 Month Prison Term Reductions
(1) By letter of agreement, the Board may
authorize the Department of Corrections to apply the same criteria and percentage
reductions to an offender's prison term as the Department applies to offenders
earning credit toward their determinate sentences under Sentencing Guidelines'
rules. The authorization shall apply only to offenders:
(a) With an established prison term of 36 months
or less; and
(b) Who have served at
least six months in Department of Correction's custody; and
(c) Who display an extended course of conduct
indicating outstanding reformation.
(2) If the Department of Corrections recommends an
earned credit reduction under this rule, the Board may administratively adjust the
prison term when the Department of Corrections notifies the Board that credit has
been earned.
(3) The Board shall apply
the criteria listed in OAR 255-040-0025(2).
(4) If the Board previously upheld a judicially
ordered minimum sentence, the Board shall not reduce the prison term to less than
the minimum sentence except as provided by OAR 255-040-0028.
(5) Inmates serving sanctions for parole
violations are not eligible for a reduction.
(6) If the Board previously ordered parole release
postponement pursuant to ORS
144.125(3), the
inmate is not eligible for a reduction.
Notes
Stat. Auth.: ORS 144.122 & ORS 144.780
Stats. Implemented: ORS 144.125(3)
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