Or. Admin. Code § 291-100-0115 - Sentencing Pursuant to ORS 137.750 and ORS 137.751
(1) Sentences imposed for crimes committed on
or after December 5, 1996 and before January 1, 2009: Pursuant to ORS 137.750,
when the court sentences a defendant for any crime committed on or after
December 5, 1996 and before January 1, 2009, the court must order on the record
in open court if the defendant may be eligible for any form of temporary leave
from custody, reduction in sentence, work release, alternative incarceration
program, or program of conditional or supervised release authorized by law
unless the court finds substantial and compelling reasons to order a defendant
not be considered for such leave, release or program.
(2) Sentences imposed for crimes committed on
or after January 1, 2009:
(a) Pursuant to ORS
137.750, when the court sentences a defendant for any crime committed on or
after January 1, 2009, the court must order on the record in open court if the
defendant may be eligible for any form of temporary leave from custody,
reduction in sentence, work release, or program of conditional or supervised
release authorized by law unless the court finds substantial and compelling
reasons to order a defendant not be considered for such leave, release or
program.
(b) Pursuant to ORS
137.751, when the court sentences a defendant for any crime committed on or
after January 1, 2009, the court must make certain findings and must order in
the judgment that the Department of Corrections may release the defendant on
post-prison supervision under ORS 421.508(4) for a defendant to be eligible for
an Alternative Incarceration Program.
(3) The Department of Corrections may
consider the AIC for any form of temporary leave, sentence reduction credits,
work release, alternative incarceration programs, or programs of conditional or
supervised release, only upon order of the sentencing court appearing in the
judgment.
(4) The Department of
Corrections will not consider an AIC eligible for a ORS 137.750 or 137.751
program unless a sentencing court specifically orders, in writing, that the AIC
is eligible for such program(s) in the judgment.
Notes
Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421, 423.020, 423.030, 423.075, ORS 137, 144 & 161.610
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