Or. Admin. Code § 291-100-0008 - Definitions
(1) Abscond:
Unauthorized absence from parole or post-prison supervision.
(2) Adult In Custody (AIC): Any person under
the supervision of the Department of Corrections who is not on parole,
probation, or post-prison supervision status.
(3) Adult on supervision: Any person under
the supervision of the Department of Corrections, local supervisory authority
or community corrections who is on probation, parole, or post-prison
supervision status.
(4)
Commitments: A sentence of incarceration to the legal and physical custody of
the Department of Corrections.
(5)
Concurrent and Consecutive Ghosts: AICs with Oregon Department of Corrections
sentences who are housed in a federal or another state's jurisdiction (not
physically housed in an Oregon Department of Corrections facility) and their
Oregon sentence is ordered to be served either concurrently or consecutively or
both to a sentence from the federal or other state's jurisdiction.
(6) Conduct: Unless the context requires
otherwise, "conduct" has the meaning provided in ORS 161.085.
(7) Court/Legal Name: As referenced on
facesheets used within institutions, defined as follows:
(a) Court Name: The AIC name based on the
name provided in the first judgment of the custody cycle sentencing an AIC to
the custody of the Department of Corrections, as established and used by the
Department of Corrections for use on an AIC's case file, identification card,
medical file, etc.
(b) Legal Name:
an alternative AIC name requested by an AIC that is:
(A) Materially different from the court
name;
(B) Supported by legal
documentation; and
(C) Authorized
for use by the Department of Corrections on the AIC's case file, identification
card, medical file, etc.
(8) Crime: Unless the context requires
otherwise, "crime" has the meaning provided in ORS 161.515.
(9) Custodial Authority: The authority
holding physical custody of the AIC, who is responsible for certifying time
served while in that authority's custody.
(10) Custody Cycle: The time period during
which a person begins incarceration with the Department of Corrections,
including the time period when the person is under the supervision of community
corrections, until discharge from all Department of Corrections and community
corrections incarceration and supervision.
(11) Department of Corrections Facility: Any
institution, facility, or staff office, including the grounds, operated by the
Department of Corrections.
(12)
Earned Time Credits: Reduction in the term of incarceration, up to 30 percent
of the term of incarceration imposed, that can be earned by an AIC sentenced
under sentencing guidelines, pursuant to ORS 421.121 and the department's rules
on Prison Term Modification (OAR 291-097).
(13) Escape: Unauthorized departure of an AIC
from the physical or legal custody of the Department of Corrections. Escape
includes "constructive escape" where an AIC has any unserved Department of
Corrections felony sentence(s) and, by no effort of the AIC, is voluntarily
absent from the Department of Corrections (for example, where an AIC is
released from custody after serving a local supervisory sentence despite the
AIC having an unserved Department of Corrections felony sentence(s)).
(14) Extra Good Time Credits: Reduction in
the term of sentence that can be earned by an AIC sentenced for crimes
committed prior to November 1, 1989 pursuant to ORS 421.120(2)(c), (d), (e) and
421.122, and the department's rules on Prison Term Modification (OAR
291-097).
(15) Facesheet: A
document used within institutions that shows a summary of sentences for which
an AIC is incarcerated by the Department of Corrections.
(16) Good Time Date: An indeterminate
sentence's release date calculated for AICs serving a sentence(s) for a
crime(s) committed prior to November 1, 1989 achieved through reduction in the
sentence due to the granting of statutory good time credits and extra good time
credits.
(17) Inoperative Time:
Time spent on abscond, escape, or unauthorized departure from custody, any form
of temporary or transitional leave, or parole or post-prison supervision, which
does not count toward service of the sentence(s).
(18) Intake Facility: A Department of
Corrections facility designated by the department to receive AICs upon
commitment to the legal and physical custody of the department and conduct
intake evaluations of AICs including custody classification, needs assessment,
and some program assessments.
(19)
Jail Good Time and Work Time Credits: Time credits for good behavior and work
performed as allowed for AICs in a county local correctional facility pursuant
to ORS 169.110 and 169.120, which are included as time thus served toward a
probation revocation sentence if certified as part of the probationary
sentence.
(20) Judgment: Document
issued by the court that commits an AIC to the legal and physical custody of
the Department of Corrections, and reflects the AIC's term of incarceration,
any applicable statutes, term of post-prison supervision for crimes committed
on or after November 1, 1989, and court-ordered supervision conditions, if
any.
(21) Maximum Sentence
Expiration Date: The very latest date that a person can be held or supervised
by the department on a particular sentence.
(22) Offender Information & Sentence
Computation Unit (OISC): The functional unit charged to administer applicable
statutes pertaining to sentencing; develop, implement, and revise applicable
processes for sentence computation; respond to public information requests
regarding AICs and offenders; certify an AIC's release date; and provide
supportive services to department facilities regarding AIC
sentencing.
(23) ORS 137.635
Sentence: A determinate sentence resulting from a conviction of at least one of
ten listed felony crimes (for example, Murder in any degree, including any
aggravated form of Murder, Manslaughter I, Assault I, Kidnapping I, Rape I,
Sodomy I, Unlawful Sexual Penetration I, Burglary I, Arson I or Robbery I) if
the AIC also has a prior conviction for at least one of those ten listed felony
crimes.
(24) Parole Release Date:
The date on which an AIC is ordered to be released from an indeterminate prison
sentence(s) to parole by the Board of Parole and Post-Prison Supervision.
Parole release may be to the community, detainer, or to another Department of
Corrections sentence.
(25) Parole
Suspend Warrant: Issuance of an arrest and detain warrant by the Board of
Parole and Post-Prison Supervision which ceases an AIC's parole
supervision.
(26) Parole Violator:
Any person whose parole supervision has been revoked by the Board of Parole and
Post-Prison Supervision.
(27)
Post-Prison Supervision: A period of community supervision ordered by the
sentencing judge for persons convicted of a crime(s) committed on or after
November 1, 1989.
(28) Post-Prison
Supervision Violator: Any person whose post-prison supervision has been revoked
by the Board of Parole and Post-Prison Supervision.
(29) Predicate Crime: Pursuant to ORS
137.635(2), a felony crime in which a prior conviction qualifies an AIC to be
sentences as an ORS 137.635 felon.
(30) Pre-sentencing Guidelines Sentences:
Indeterminate sentences imposed for crimes committed on or after October 4,
1977 and prior to November 1, 1989, pursuant to ORS 137.120(1). May also be
referred to as "Matrix" sentences.
(31) Prison Term:
(a) Sentencing Guidelines Sentences: For
sentences imposed for crimes committed on or after November 1, 1989, the length
of incarceration time within a Department of Corrections facility as
established by the court in the judgment for each crime of
conviction.
(b) Pre-Sentencing
Guidelines Sentences: For indeterminate sentences imposed for crimes committed
on or after October 4, 1977 and prior to November 1, 1989, the length of
required incarceration time within a Department of Corrections facility as
established by the order of the Board of Parole and Post-Prison Supervision
setting of a parole release date.
(32) Projected Release Date: The date upon
which an AIC is anticipated to complete service of the term of
incarceration.
(33) Qualifying ORS
137.635 Conviction: Conviction of a crime listed in ORS 137.635 that was
committed following a predicate conviction of any of the ten crimes listed in
ORS 137.635(2).
(34) Release Date
Adjustment Form (CD 1417): A standardized form used by the Department of
Corrections for documentation of the request and approval or disapproval for
early release as authorized by the Department of Corrections.
(35) Revocation Sanction: A term of
incarceration or confinement designated by the Board of Parole and Post-Prison
Supervision or its designee for violation of conditions of parole and
post-prison supervision.
(36)
Sentence: The punishment given to a person who has been convicted of a crime.
(a) Sentencing Guidelines Sentences: For
purposes of these rules and Department of Corrections sentence computation,
"sentence" means the length of incarceration time within a Department of
Corrections facility, as established by the court in the judgment for each
crime of conviction for crimes committed on or after November 1,
1989.
(b) Pre-Sentencing Guidelines
Sentences: For the purposes of these rules and Department of Corrections
sentence computation, the length of time an AIC is ordered to the legal and
physical custody of the Department of Corrections, up to the maximum
indeterminate amount authorized by Oregon law, as established by the court in
the judgment and reduced by statutory good time credits and extra good time
credits for crimes committed on or after October 4, 1977 and prior to November
1, 1989.
(37) Sentencing
Guidelines Sentences: Sentences imposed for crimes committed on or after
November 1, 1989 pursuant to ORS 137.120(2).
(38) Statutory Good Time Credits: Prison term
reduction credits applicable to sentences for crimes committed prior to
November 1, 1989, pre-sentencing guidelines), pursuant to ORS 421.120(2)(a),
(b), and the department's rules on Prison Term Modification (OAR
291-097).
(39) Time Served
Certification: A signed statement by a sheriff of the number of days an AIC was
imprisoned prior to delivery of the AIC to a Department of Corrections
facility.
(40) Time Served Credits:
Pre-sentence time an AIC is confined in a county jail prior to sentencing, as
certified in accordance with these rules. Time served credits also include time
confined in jail between sentencing and arrival at a Department of Corrections
intake facility.
(41) True Name: An
alternative name added to an inmate's case file and used as an additional
identifier when supporting documentation is received (for example, legal name
change, birth certificate, marriage license) to the satisfaction of the
department. This name may also be entered as a "Court/Legal Name" upon receipt
of request from the AIC.
Notes
Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
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