75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to RC to HB 3508
 
LC 3891-1/HB 3508-1
 
            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                         HOUSE BILL 3508
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 18
 
  On page 19 of the printed bill, line 10, after 'earned ' delete
the rest of the line and line 11 and insert 'under this section
may not exceed 20 percent of the total'.
  On page 22, delete lines 36 through 45.
  On page 23, delete lines 1 through 16 and insert:
  '  { +  SECTION 19. + } ORS 421.121, as amended by section 17
of this 2009 Act, 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 appropriate
institutional behavior, as defined by rule of the Department of
Corrections, and for participation in the adult basic skills
development program described in ORS 421.084.
  ' (2)  { - (a) - }  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 may not exceed   { - 30 - }  { +  20 + } percent of the
total term of incarceration in a Department of Corrections
institution.
  '  { - (b) Notwithstanding paragraph (a) of this subsection,
the maximum amount of time credits earned under this section may
not exceed 20 percent of the total term of incarceration in a
Department of Corrections institution if the sentence is for
conviction of: - }
  '  { - (A) Rape in the third degree under ORS 163.355; - }
  '  { - (B) Sodomy in the third degree under ORS 163.385; - }
  '  { - (C) Sexual abuse in the second degree under ORS
163.425; - }
  '  { - (D) Criminally negligent homicide under ORS 163.145; - }
 
  '  { - (E) Assault in the third degree under ORS 163.165; - }
  '  { - (F) Assault in the fourth degree under ORS 163.160
(3); - }
  '  { - (G) A crime listed in ORS 137.700; or - }
  '  { - (H) An attempt to commit a crime described in
subparagraphs (A) to (G) of this paragraph. - }
  ' (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.'.
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