Or. Admin. Code § 291-100-0090 - Credit for Time Served Toward a Probation Revocation Sentence
(1) Time served as
a condition of probation:
(a) Crimes
committed prior to November 1, 1989: Pursuant to ORS 137.545 (formerly ORS
137.550), an AIC will receive credit for time served as a condition of
probation pursuant to ORS 137.540 against the incarceration term of any
subsequent sentence resulting from revocation of probation. Time served
includes jail good time and work time credits as certified.
(b) Crimes committed on or after November 1,
1989 and judgments entered prior to July 18, 1995: Pursuant to ORS 137.372 and
former 137.550(6), an AIC will receive credit for time served as a condition of
probation pursuant to ORS 137.540, or as part of a probationary sentence
pursuant to the rules of the Oregon Criminal Justice Commission, against the
incarceration term of any subsequent sentence resulting from revocation of
probation only if ordered by the sentencing judge in the judgment. Time thus
served includes jail good time and work time credits as certified.
(c) Crimes committed on or after November 1,
1989 and judgments entered on or after July 18, 1995 and before August 1, 2015:
Pursuant to ORS 137.372, former ORS 137.550(6), and ORS 137.545(7), an AIC will
receive credit for time served as a condition of probation pursuant to ORS
137.540, or as part of a probationary sentence pursuant to the rules of the
Oregon Criminal Justice Commission, against the incarceration term of any
subsequent sentence resulting from revocation of probation unless the
sentencing judge orders otherwise in the judgment. Time thus served includes
jail good time and work time credits as certified.
(d) Crimes committed on or after November 1,
1989 and judgments entered on or after August 1, 2015 and imposed as a downward
dispositional departure, as defined in the Oregon Criminal Justice Commission
rules, OAR 213-003, including optional probation: Pursuant to ORS
137.372(1)(a), an AIC will receive time served on a sentence, imposed as a
downward dispositional departure under the rules of the Oregon Criminal Justice
Commission, for time served credit served in jail for time after arrest and
before commencement of the probationary sentence and for the time served in
jail as part of the probationary sentence up to 90 days. If the time served
credit is greater than 90 days, the sentencing judge may limit or deny credit
for any of the time that exceeds 90 days.
(e) Crimes committed on or after November 1,
1989 and judgments entered on or after August 1, 2015 and imposed as a
presumptive probation: Pursuant to ORS 137.372(1)(b), an AIC will receive time
served on a sentence, imposed as a presumptive probationary sentence under the
rules of the Oregon Criminal Justice Commission, for time served credit served
in jail for time after arrest and before the commencement of the probationary
sentence and for the time served in jail as part of the probationary sentence
unless the sentencing judge orders otherwise.
(f) Crimes committed on or after November 1,
1989 and judgments entered on or after April 13, 2018 and imposed as an
optional probation: Pursuant to ORS 137.372(1)(b), an AIC will receive time
served on a sentence, imposed as an optional probation sentence under the rules
of the Oregon Criminal Justice Commission, for time served credit served in
jail for the time after arrest and before the commencement of the probationary
sentence and for the time served in jail as part of the probationary sentence
unless the sentencing judge orders otherwise.
(2) Time served prior to commencement of
probation:
(a) Pursuant to ORS 137.370(2)(a),
an AIC who has been revoked from a probationary sentence for a crime committed
on or after November 1, 1989 and prior to July 18, 1995, will receive credit
for the time served in jail after arrest and before commencement of the
probationary sentence.
(b) Pursuant
to ORS 137.370(2)(a), former ORS 137.372(1), and ORS 137.372(1)(b), an AIC who
has been revoked from a presumptive probationary sentence for a crime committed
on or after July 18, 1995, will receive credit for the time served in jail
after arrest and before commencement of the probationary sentence unless the
sentencing judge orders otherwise.
(c) Pursuant to ORS 137.370(2)(a) and ORS
137.372(1)(a), an AIC who has been revoked from a downward dispositional
departure probationary sentence, including optional probation under the rules
of the Oregon Criminal Justice Commission for a crime committed on or after
November 1, 1989 and judgment entered on or after August 1, 2015, will receive
credit for the time served in jail after arrest and before commencement of the
probationary sentence and for the time served in jail as part of the
probationary sentence up to 90 days. If the time served credit is greater than
90 days, the sentencing judge may limit or deny credit for any of the time that
exceeds 90 days.
(d) Pursuant to
ORS 137.370(2)(a) and ORS 137.372(1)(b), an AIC who has been revoked from a
presumptive probationary sentence under the rules of the Oregon Criminal
Justice Commission for a crime committed on or after November 1, 1989 and
judgment entered on or after August 1, 2015, will receive credit for the time
served in jail for the time after arrest and before the commencement of the
probationary sentence and for the time served in jail as part of the
probationary sentence unless the sentencing judge orders otherwise.
(e) Pursuant to ORS 137.370(2)(a) and ORS
137.372(1)(b), an AIC who has been revoked from an optional probationary
sentence under the rules of the Oregon Criminal Justice Commission for a crime
committed on or after November 1, 1989 and judgment entered on or after April
13, 2018 will receive credit for the time served in jail for the time after
arrest and before the commencement of the probationary sentence and for the
time served in jail as part of the probationary sentence unless the sentencing
judge orders otherwise.
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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