Or. Admin. Code § 291-100-0120 - ORS 161.610 Use of Firearm (Gun) Minimums
(1) Pre-Sentencing Guidelines:
(a) Pursuant to ORS 161.610, AICs serving a
sentence(s) for crime(s) committed prior to November 1, 1989 containing an ORS
161.610 minimum incarceration term will begin the minimum incarceration term on
the begin date of the sentence, less eligible time served credits.
(b) AICs serving a minimum incarceration term
pursuant to ORS 161.610 shall not become eligible for work release or parole
until the minimum incarceration term, less reductions for statutory good time,
is served.
(c) AICs shall be
released upon completion of the minimum incarceration term pursuant to ORS
161.610, or upon the parole release date, whichever is longer.
(2) Sentencing Guidelines
Sentences:
(a) Pursuant to ORS 137.637, AICs
serving a sentence(s) for crime(s) committed on or after November 1, 1989
containing an ORS 161.610 enhancement penalty shall have their sentence release
date computed on the determinate sentence imposed less earned time under ORS
421.121, or the presumptive sentence as provided by the rules of the Oregon
Criminal Justice Commission, whichever is longer.
(b) AICs serving a minimum incarceration term
pursuant to ORS 161.610 will not be eligible for work release, alternative
incarceration programs, release on post-prison supervision or any form of
temporary leave from custody during the service of the term of imprisonment in
accordance with 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).
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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