Or. Admin. Code § 291-100-0110 - Convictions Under ORS 137.635 (Ballot Measure 4 Sentences)

(1) Prior Convictions for ORS 137.635 Predicate Crimes:

(a) For purposes of ORS 137.635, a person has a prior conviction for an ORS 137.635 predicate crime if the person committed and was previously convicted for one of the crimes listed in ORS 137.635 prior to the commission of an ORS 137.635 crime for which the person is currently sentenced.

(b) A prior conviction for an ORS 137.635 predicate crime may have occurred either before, on, or after January 1, 1990, the effective date of ORS 137.635.

(c) A prior conviction for an ORS 137.635 predicate crime may be a prior conviction from another state or federal jurisdiction that is the equivalent of a listed ORS 137.635 felony crime.

(d) Determination of a prior conviction for an ORS 137.635 predicate crime:

(A) For crimes committed on or after January 1, 1990 with judgments entered prior to August 23, 1993, OISC staff will determine whether an AIC has a qualifying prior conviction for an ORS 137.635 predicate crime and whether an AIC is subject to the sentencing provisions of ORS 137.635. If a prior conviction for an ORS 137.635 predicate crime is from another state or federal jurisdiction, OISC staff will obtain documents necessary to verify that the elements of the predicate felony crime for which the AIC was previously convicted are identical to the elements of one or more of the ten felony crimes listed in ORS 137.635.

(B) For crimes committed on or after January 1, 1990 with judgments entered on or after August 23, 1993, the court will determine whether an AIC has a qualifying prior conviction for an ORS 137.635 predicate crime and whether an AIC is subject to the sentencing provisions of ORS 137.635.

(2) Qualifying ORS 137.635 Convictions:

(a) An AIC who is currently convicted of one or more ORS 137.635 crimes committed on or after January 1, 1990, who is sentenced by the court to a determinate sentence and who has a prior conviction for an ORS 137.635 predicate crime is subject to the sentence computation requirements of ORS 137.635 on the qualifying second or repeat conviction.

(b) An AIC who receives two or more qualifying ORS 137.635 convictions arising out of the same criminal episode (such as, convictions that are separate counts in the same criminal case or convictions that arise in the same court appearance), is not subject to an ORS 137.635 sentence as a result of the convictions, unless the AIC has a prior conviction for an ORS 137.635 predicate crime.

(3) Sentence Computation of ORS 137.635 Sentences:

(a) The incarceration term of a current determinate ORS 137.635 sentence is determined by the court as indicated in the judgment committing the person to the legal and physical custody of the Department of Corrections.

(b) An AIC that is determined to be subject to an ORS 137.635 sentence shall serve the entire sentence imposed by the court and is not eligible to earn sentence reduction credits (such as, earned time) during service of the qualifying ORS 137.635 sentence.

(c) An AIC that is determined to be subject to an ORS 137.635 sentence is not eligible for parole, earned time, work release, alternative incarceration programs, release on post-prison supervision, or any form of temporary leave from custody, including medical leave, during the service of the entire sentence imposed by the court in accordance with ORS 137.635, and the department's rules on Prison Term Modification (OAR 291-097); the department's rules on Work Release Programs (OAR 291-149); the department's rules on Alternative Incarceration Programs (OAR 291-062); and the department's rules on Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips (OAR 291-063).

(d) An AIC serving a sentence for a predicate conviction for a crime committed on or after November 1, 1989, may be eligible for earned time credits on that prior sentence pursuant to ORS 421.121.

(e) An AIC serving a sentence for a predicate conviction for a crime committed prior to November 1, 1989, may be eligible for statutory good time and extra good time credits on that prior sentence pursuant to ORS 421.120(1) and 421.122 and in accordance with the department's rules on Prison Term Modification (OAR 291-097).

Notes

Or. Admin. Code § 291-100-0110

CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; CD 5-1994, f. 2-18-94, cert. ef. 3-1-94; DOC 22-1998(Temp), f. & cert. ef. 12-23-98 thru 6-21-99; DOC 6-1999, f. 3-26-99, cert. ef. 4-1-99; DOC 5-2005, f. & cert. ef. 4-13-05; DOC 1-2019, amend filed 01/16/2019, effective 1/16/2019; DOC 12-2024, amend filed 07/05/2024, effective 7/5/2024

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