Or. Admin. Code § 291-062-0130 - Adult in Custody Eligibility
(1) The department will identify AICs who are
eligible to participate in alternative incarceration programs. To be eligible
to participate in the program, an AIC must:
(a) Be sentenced to the legal and physical
custody of the department and be subject to a term of post-prison supervision
upon satisfaction of a term of physical confinement in a Department of
Corrections facility;
(b) Be at
least 18 years of age at the time of entry into the program, or may be under 18
years of age and have been convicted of a crime upon remand from juvenile
court; and
(c) Be assigned Level 1
or Level 2 in accordance with the department's rules on Classification (AIC)
(OAR 291-104) and have no more than 36 months to serve at the time of program
entry.
(2) An AIC is not
eligible to participate in alternative incarceration programs during service of
a sentence for conviction of a crime described in:
(a) ORS 163.095 (Aggravated
Murder),
(b) ORS
163.115(Murder),
(c) ORS 163.118
(Manslaughter I),
(d) ORS 163.235
(Kidnapping I),
(e) ORS 163.355
(Rape III),
(f) ORS 163.365 (Rape
II),
(g) ORS 163.375 (Rape
I),
(h) ORS 163.385 (Sodomy
III),
(i) ORS 163.395 (Sodomy
II),
(j) ORS 163.405 (Sodomy
I),
(k) ORS 163.408 (Unlawful
Sexual Penetration II),
(l) ORS
163.411 (Unlawful Sexual Penetration I),
(m) ORS 163.415 (Sexual Abuse III),
(n) ORS 163.425 (Sexual Abuse II),
(o) ORS 163.427 (Sexual Abuse I),
(p) ORS 163.435 (Contributing to the
Delinquency of a Minor),
(q) ORS
163.525(Incest),
(r) ORS 164.325
(Arson I), or
(s) ORS 164.415
(Robbery I).
(3) An AIC
who is serving a sentence, including a sentence imposed under ORS 137.712, for
a crime listed in ORS 137.700, 137.707, 163.095, or 163A.005(5) committed on or
after January 1, 2009, is not eligible to participate in alternative
incarceration programs.
(4) An AIC
is not eligible to participate in alternative incarceration programs if the AIC
is serving a sentence under the provisions of ORS 137.635.
(5) An AIC is not eligible to participate in
alternative incarceration programs if the AIC is serving a sentence under ORS
161.610 until the AIC completes the minimum incarceration term imposed by the
court less earned time under ORS 421.121.
(6) An AIC is not eligible to participate in
alternative incarceration programs if the AIC:
(a) Has an adult conviction for felony escape
that was committed within three years prior to the time of program entry, or
has a conviction for unauthorized departure from the legal and physical custody
of the Department of Corrections or its authorized agents that was committed
within three years prior to the time of program entry.
(b) Is serving non-sentencing guidelines
prison terms (sentences with crime dates prior to November 1, 1989), or has
unresolved criminal prosecutions, consecutive county jail terms, or any other
circumstances that would conflict with the AIC's release from prison upon
satisfactory completion of an alternative incarceration program.
(c) Has a current detainer.
(A) AICs who are serving a sentence for a
crime committed prior to January 1, 2009, and who have detainers lodged with
the department after they have been selected and assigned to one of the
programs, and the detainer is discovered after the AIC has completed
approximately one-half of the program, may be permitted to continue their
participation in the program at the discretion of the functional unit manager
or designee based on program performance to date.
(B) AICs who are serving a sentence for a
crime committed on or after January 1, 2009, and who have a current detainer
from any jurisdiction that will not expire prior to the AIC's calculated date
of release to post-prison supervision are not eligible for and shall not be
permitted to continue participation in an alternative incarceration
program.
(d) Is currently
assigned to special security housing for reasons of protective custody, and the
AIC's assignment to the program is otherwise determined by department officials
to pose a threat to the safe, secure, and orderly operation and management of
the program, including the safety of department staff or any AICs.
(e) Has less than ten months to serve from
the first day of program entry. AICs that have between nine and ten months to
serve may participate in alternative incarceration programs with the functional
unit manager's or designee's approval.
(f) Is serving a parole or post-prison
supervision violation sanction pursuant to ORS
144.108(3)(b).
(7) For
sentences imposed for crimes committed prior to January 1, 2009, an AIC is not
eligible to participate in alternative incarceration programs if the AIC is
serving a sentence under the provision of ORS 137.700 or ORS 137.707 until
completion of the mandatory minimum incarceration term. For sentences imposed
for crimes committed on or after December 5, 1996, the AIC is eligible after
completion of the mandatory minimum incarceration term only upon order of the
sentencing court as ordered in a judgment pursuant to ORS 137.750.
(8) For sentences imposed for crimes
committed prior to January 1, 2009, an AIC is eligible to participate in
alternative incarceration programs if the AIC, on or after April 1, 1995,
commits and is convicted of:
(a) Assault II
as defined in ORS 163.175(1)(b) (Intentionally or knowingly causes physical
injury to another by means of a deadly or dangerous weapon);
(b) Kidnapping II (ORS 163.225); or
(c) Robbery II (ORS 164.405) unless the
sentencing court notwithstanding ORS 137.700 and 137.707 has imposed a lesser
sentence pursuant to ORS 137.712 and (for crimes committed on or after December
5, 1996, and prior to January 1, 2009) only upon order of the sentencing court
as directed in the judgment pursuant to ORS 137.750.
(9) For sentences imposed for crimes
committed prior to January 1, 2009, an AIC is not eligible to participate in
alternative incarceration programs if the AIC on or after October 23, 1999,
commits and is convicted of Manslaughter II as defined in ORS 163.125, unless
the sentencing court notwithstanding ORS 137.700 and 137.707 has imposed a
lesser sentence pursuant to ORS 137.712 and only upon order of the sentencing
court as directed in the judgment pursuant to ORS 137.750.
(10) An AIC is not eligible to participate in
alternative incarceration programs if the AIC is serving a sentence under the
provisions of ORS 161.725 or ORS 161.737 (dangerous offenders) for a crime
committed on or after November 1, 1989. An AIC shall not be allowed to
participate in alternative incarceration programs even after completion of the
required minimum incarceration term (determinate sentence) even if the Board of
Parole and Post-Prison Supervision finds that the person is no longer dangerous
or finds that the person remains dangerous but can be adequately controlled
with supervision and mental health treatment and sets a post-prison supervision
release date.
(11) If otherwise
eligible under Oregon law, any person sentenced for a crime committed on or
after December 5, 1996, and prior to January 1, 2009, may be considered for
alternative incarceration programs only upon order of the sentencing court as
directed in the judgment pursuant to ORS 137.750.
(12) If otherwise eligible under Oregon law,
an AIC sentenced for a crime committed on or after January 1, 2009, may be
considered for nonprison leave and release to post-prison supervision only upon
order of the sentencing court as directed in a judgment pursuant to ORS
421.508(4).
(13) An AIC is not
eligible for an alternative incarceration program during the current admission
if he or she previously participated in another alternative incarceration
program in the same custody cycle.
(14) An AIC is not eligible for an
alternative incarceration program who:
(a)
Scores a six or higher on the Static 99-R and Definitions risk assessment tool
(Attachments A and B);
(b) Has a
predatory sex offender designation; or
(c) Is classified as a Tier III sex offender
pursuant to OAR 255-085-0020.
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
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