Chapter 623 Oregon Laws 2009

AN ACT

HB 2623

Relating to prison education programs; creating new provisions; and amending ORS 421.121.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 421.121 is amended to read:

          421.121. (1) Except as provided in ORS 137.635, each inmate sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for:

          (a) Appropriate institutional behavior, as defined by rule of the Department of Corrections[, and for]; and

          (b)(A) Participation in the adult basic skills development program described in ORS 421.084; or

          (B) Obtaining a high school diploma, a General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511 or a journey level certification from a registered apprenticeship program as defined in ORS 660.010. The reduction described in this subparagraph may not exceed a period of 60 days.

          (2) The maximum amount of time credits earned for appropriate institutional behavior, [or] for participation in the adult basic skills development program described in ORS 421.084 or for obtaining a diploma, certificate or degree described in subsection (1)(b)(B) of this section may not exceed 20 percent of the total term of incarceration in a Department of Corrections institution.

          (3) The time credits may not be used to shorten the term of actual prison confinement to less than six months.

          (4) The department shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 to establish a process for granting, retracting and restoring the time credits earned by the offender as allowed in subsections (1) to (3) of this section.

SECTION 2. The amendments to ORS 421.121 by section 1 of this 2009 Act apply to eligible inmates who obtain a diploma, certificate or degree described in ORS 421.121 (1)(b)(B) on or after the effective date of this 2009 Act.

Approved by the Governor June 26, 2009

Filed in the office of Secretary of State June 26, 2009

Effective date January 1, 2010

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