Or. Admin. R. 213-005-0001 - Place and Term of Incarceration
(1) If an offense is classified in a grid
block above the dispositional line, the presumptive sentence shall be a term of
imprisonment within the durational range of months stated in the grid block.
The sentencing judge should select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors
insufficient to warrant a departure.
(2) Terms of incarceration 12 months or less
shall be served at the direction of the supervisory authority. Terms of
incarceration greater than 12 months shall be served in the legal and physical
custody of the Department.
(3)
Notwithstanding the term of imprisonment imposed by the sentencing court, and
as authorized by the court pursuant to ORS
137.750 for crimes committed on
or after December 5, 1996, an offender who enters and successfully completes a
special alternative incarceration program, in accordance with the rules and
procedures adopted by the Department of Corrections pursuant to ORS
421.500 et. seq., may be
released early to serve the term of post-prison supervision imposed as part of
the original sentence.
(4)
Notwithstanding section (2) of this rule:
(a)
Terms of incarceration 12 months or less imposed pursuant to ORS
166.070(2)
shall be served in the legal and physical custody of the Department;
and
(b) Offenders sentenced under
2011 Or Laws ch 598 shall serve a mandatory minimum term of incarceration of 90
days, without reduction for any reason.
Notes
Stat. Auth.: ORS 137.667, 421.512 & 2003 OL Ch. 464
Stats. Implemented: ORS 137.667, 137.669, 137.750, 163.165(2), 421.512; 2011 OL Ch. 3 ¦1; 2011 OL Ch. 598
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