75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 39
B-Engrossed
Senate Bill 1007
Ordered by the Senate February 11
Including Senate Amendments dated February 9 and February 11
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Provides maximum reduction of 20 percent of term of
incarceration in Department of Corrections institution for
appropriate behavior and program participation. Increases maximum
reduction to 30 percent for certain offenders who commit crimes
on or after July 1, 2011.
Sunsets increase on { - January - } { + July + } 1, 2013.
Provides that certain offenders are ineligible for resentencing
proceeding related to increased reduction.
Directs Secretary of State to conduct audit of Department of
Corrections administration of laws relating to reduction in term
of incarceration.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 421.121
and sections 18, 48 and 49, chapter 660, Oregon Laws 2009; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 421.121, as amended by section 19, chapter 660,
Oregon Laws 2009, 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
(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) - } { + (2)(a) + } The maximum amount of time
credits earned for appropriate institutional behavior, 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 - } { + 30 + } 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 that is imposed in a
criminal action described in subsection (3) of this section.
(3) Subsection (2)(b) of this section applies to the total term
of incarceration that is imposed in a criminal action in which:
(a) The parties stipulate that the inmate is subject to
subsection (2)(b) of this section;
(b) The inmate is convicted of an offense that was committed
less than five years after the inmate completed serving a
sentence for:
(A) A person felony; or
(B) A crime described in paragraph (e) of this subsection;
(c) The inmate is convicted of a person felony;
(d) The inmate is convicted of an offense involving the use or
threatened use of a firearm; or
(e) The inmate is convicted of any of the following crimes:
(A) Subjecting another person to involuntary servitude in the
second degree under ORS 163.263;
(B) Subjecting another person to involuntary servitude in the
first degree under ORS 163.264;
(C) Trafficking in persons under ORS 163.266;
(D) Coercion under ORS 163.275;
(E) Online sexual corruption of a child in the second degree
under ORS 163.432;
(F) Online sexual corruption of a child in the first degree
under ORS 163.433;
(G) Aggravated theft in the first degree under ORS 164.057, if:
(i) The victim of the theft was 65 years of age or older at the
time of the commission of the offense; and
(ii) The value of the property stolen from the victim described
in sub-subparagraph (i) of this subparagraph, in a single or
aggregate transaction, is $10,000 or more;
(H) Treason under ORS 166.005;
(I) Abuse of a corpse in the second degree under ORS 166.085;
(J) Racketeering activities under ORS 166.720;
(K) Luring a minor under ORS 167.057;
(L) Assaulting a law enforcement animal under ORS 167.339;
(M) A sex crime as defined in ORS 181.594;
(N) Causing another person to ingest a controlled substance
under ORS 475.908;
(O) Applying a controlled substance to the body of another
person under ORS 475.910;
(P) Driving while under the influence of intoxicants under ORS
813.010 (5); or
(Q) An attempt, conspiracy or solicitation to commit an offense
described in this paragraph or in paragraph (c) or (d) of this
subsection. + }
{ - (3) - } { + (4) + } The time credits may not be used to
shorten the term of actual prison confinement to less than six
months.
{ - (4) - } { + (5) + } 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) - } { + (4) + } of this section.
{ + (6) As used in this section:
(a) 'Completed serving a sentence' includes the completion of
any term of probation, parole or post-prison supervision.
(b) 'Person felony' has the meaning given that term in the
rules of the Oregon Criminal Justice Commission. + }
SECTION 2. { + (1) The amendments to ORS 421.121 by section 1
of this 2010 Act become operative on July 1, 2011.
(2) The amendments to ORS 421.121 by section 1 of this 2010 Act
apply to inmates:
(a) Who are sentenced for a crime committed on or after July 1,
2011, and before July 1, 2013; and
(b) Who are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121. + }
SECTION 3. ORS 421.121, as amended by section 19, chapter 660,
Oregon Laws 2009, and section 1 of this 2010 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:
(a) Appropriate institutional behavior, as defined by rule of
the Department of Corrections; 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)(a) - } { + (2) + } The maximum amount of time
credits earned for appropriate institutional behavior, 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 { - 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 that is imposed in a
criminal action described in subsection (3) of this section. - }
{ - (3) Subsection (2)(b) of this section applies to the
total term of incarceration that is imposed in a criminal action
in which: - }
{ - (a) The parties stipulate that the inmate is subject to
subsection (2)(b) of this section; - }
{ - (b) The inmate is convicted of an offense that was
committed less than five years after the inmate completed serving
a sentence for: - }
{ - (A) A person felony; or - }
{ - (B) A crime described in paragraph (e) of this
subsection; - }
{ - (c) The inmate is convicted of a person felony; - }
{ - (d) The inmate is convicted of an offense involving the
use or threatened use of a firearm; or - }
{ - (e) The inmate is convicted of any of the following
crimes: - }
{ - (A) Subjecting another person to involuntary servitude in
the second degree under ORS 163.263; - }
{ - (B) Subjecting another person to involuntary servitude in
the first degree under ORS 163.264; - }
{ - (C) Trafficking in persons under ORS 163.266; - }
{ - (D) Coercion under ORS 163.275; - }
{ - (E) Online sexual corruption of a child in the second
degree under ORS 163.432; - }
{ - (F) Online sexual corruption of a child in the first
degree under ORS 163.433; - }
{ - (G) Aggravated theft in the first degree under ORS
164.057, if: - }
{ - (i) The victim of the theft was 65 years of age or older
at the time of the commission of the offense; and - }
{ - (ii) The value of the property stolen from the victim
described in sub-subparagraph (i) of this subparagraph, in a
single or aggregate transaction, is $10,000 or more; - }
{ - (H) Treason under ORS 166.005; - }
{ - (I) Abuse of a corpse in the second degree under ORS
166.085; - }
{ - (J) Racketeering activities under ORS 166.720; - }
{ - (K) Luring a minor under ORS 167.057; - }
{ - (L) Assaulting a law enforcement animal under ORS
167.339; - }
{ - (M) A sex crime as defined in ORS 181.594; - }
{ - (N) Causing another person to ingest a controlled
substance under ORS 475.908; - }
{ - (O) Applying a controlled substance to the body of
another person under ORS 475.910; - }
{ - (P) Driving while under the influence of intoxicants
under ORS 813.010 (5); or - }
{ - (Q) An attempt, conspiracy or solicitation to commit an
offense described in this paragraph or in paragraph (c) or (d) of
this subsection. - }
{ - (4) - } { + (3) + } The time credits may not be used to
shorten the term of actual prison confinement to less than six
months.
{ - (5) - } { + (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 { - (4) - } { + (3) + } of this section.
{ - (6) As used in this section: - }
{ - (a) 'Completed serving a sentence' includes the
completion of any term of probation, parole or post-prison
supervision. - }
{ - (b) 'Person felony' has the meaning given that term in
the rules of the Oregon Criminal Justice Commission. - }
SECTION 4. { + (1) The amendments to ORS 421.121 by section 3
of this 2010 Act become operative on July 1, 2013.
(2) The amendments to ORS 421.121 by section 3 of this 2010 Act
apply to inmates:
(a) Who are sentenced for a crime committed on or after July 1,
2013; and
(b) Who are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121. + }
SECTION 5. Section 48, chapter 660, Oregon Laws 2009, is
amended to read:
{ + Sec. 48. + } (1)(a) Section 18 { + , chapter 660, Oregon
Laws 2009, + }
{ - of this 2009 Act - } becomes operative on the date that is
60 days after { - the effective date of this 2009 Act - } { +
July 1, 2009 + }.
(b) The Department of Corrections, the Judicial Department, the
State Board of Parole and Post-Prison Supervision and the
district attorneys of this state may take any action before the
operative date specified in paragraph (a) of this subsection that
is necessary to enable the departments, board or district
attorneys to exercise, on or after the operative date specified
in paragraph (a) of this subsection, all the duties, functions
and powers conferred on the departments, board or district
attorneys by { - this 2009 Act - } { + chapter 660, Oregon
Laws 2009 + }.
(2) The amendments to ORS 137.545 by section 32 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } become
operative on July 1, 2011.
(3) The amendments to ORS 137.717, 137.721 and 164.162 by
sections 8, 9 and 15 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } become operative on February 15, 2010.
(4) { - Sections 10, 12 and 13 of this 2009 Act - } { + ORS
144.730, 423.150 and 475.933 + } and the amendments to ORS
137.717, 137.721 and 164.162 by sections 11, 14 and 16 { + ,
chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } become operative on January 1, 2012.
(5) The amendments to ORS 421.121 by section 19 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } become
operative on { - July 1, 2013 - } { + the effective date of
this 2010 Act + }.
SECTION 6. Section 49, chapter 660, Oregon Laws 2009, is
amended to read:
{ + Sec. 49. + } (1) { - Section 1 of this 2009 Act - }
{ + ORS 144.285 + } applies to prisoners convicted of aggravated
murder or murder that was committed before, on or after { - the
effective date of this 2009 Act - } { + July 1, 2009, + } and
whose petition for a change in the terms of confinement is denied
on or after January 1, 2010.
(2) { - Section 2 of this 2009 Act - } { + ORS 144.280 + }
applies to prisoners sentenced for a crime committed prior to
November 1, 1989, and who are denied parole on or after January
1, 2010.
(3) The amendments to ORS 144.125, 144.228 and 144.232 by
sections 3 to 5 { + , chapter 660, Oregon Laws 2009, + } { - of
this 2009 Act - } apply to prisoners:
(a) Whose release date is postponed under ORS 144.125 on or
after January 1, 2010.
(b) For whom the State Board of Parole and Post-Prison
Supervision is unable to set a release date under ORS 144.228 or
144.232 on or after January 1, 2010.
(4) The amendments to ORS 137.717, 137.721 and 164.162 by
sections 8, 9 and 15 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } apply to sentences imposed:
(a) On or after February 15, 2010; and
(b) For crimes committed on or after January 1, 2009, and
before January 1, 2012.
(5) { - Section 10 of this 2009 Act - } { + ORS 475.933 + }
and the amendments to ORS 137.717, 137.721 and 164.162 by
sections 11, 14 and 16 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } apply to sentences imposed for crimes
committed on or after January 1, 2012.
(6) The amendments to ORS 421.121 by section 17 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } apply to
inmates who:
{ - (a) Are sentenced on or after the effective date of this
2009 Act for crimes committed before July 1, 2013; and - }
{ + (a) Are sentenced for a crime committed:
(A) On or after July 1, 2009; and
(B) Before the effective date of this 2010 Act; and + }
(b) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
(7) The amendments to ORS 421.121 by section 19 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } apply to
inmates who:
(a) Are sentenced for a crime committed on or after { - July
1, 2013 - } { + the effective date of this 2010 Act and before
July 1, 2011 + }; and
(b) Are not prohibited by any other provision of law from
obtaining a reduction in the term of incarceration under ORS
421.121.
(8) The amendments to ORS 137.545 by section 20 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } apply to
crimes committed before July 1, 2011.
(9) Section 21 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } applies to persons:
(a) Convicted of a crime committed before July 1, 2011; and
(b) Who are on probation on or after the effective date of the
rules adopted by the Department of Corrections under section 21
(3) { + , chapter 660, Oregon Laws 2009 + } { - of this 2009
Act - } .
(10) Section 31 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } applies to crimes committed:
(a) On or after February 15, 2010; and
(b) Before January 1, 2012.
(11) The amendments to ORS 137.545 by section 32 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } apply to
crimes committed on or after July 1, 2011.
(12) { - Section 40 of this 2009 Act - } { + ORS
163.168 + } and the amendments to ORS 163.165 and 163.235 by
sections 39 and 43 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } apply to conduct occurring on or after
{ - the effective date of this 2009 Act - } { + July 1,
2009 + }.
(13) Except as provided in subsection (14) of this section,
section 23 { + , chapter 660, Oregon Laws 2009, + } { - of this
2009 Act - } applies to persons:
(a) Convicted of a crime committed before July 1, 2011; and
(b) Sentenced to the legal and physical custody of the
supervisory authority under ORS 137.124 (2).
(14)(a) A person sentenced to the legal and physical custody of
a supervisory authority under ORS 137.124 (2) shall serve an
active period of post-prison supervision of at least two
additional months if, on { - the effective date of this 2009
Act - } { + July 1, 2009 + }, the person has served:
(A) Four months or more of active post-prison supervision for
crimes in crime categories 1 to 3; or
(B) Ten months or more of active post-prison supervision for
crimes in crime categories 4 to 10.
(b) Except as provided in paragraph (c) of this subsection, the
supervisory authority shall place an offender described in
paragraph (a) of this subsection on inactive supervision status
on the date that is two months after { - the effective date of
this 2009 Act - } { + July 1, 2009 + }.
(c) At any time before the date that is two months after
{ - the effective date of this 2009 Act - } { + July 1,
2009 + }:
(A) The parole and probation officer responsible for
supervising an offender described in paragraph (a) of this
subsection may send a report described in section 23 (3) { + ,
chapter 660, Oregon Laws 2009, + } { - of this 2009 Act - } to
the supervisory authority for review; and
(B) After reviewing the report, the supervisory authority may
extend the active post-prison supervision period in accordance
with section 23 (4) { + , chapter 660, Oregon Laws 2009 + }
{ - of this 2009 Act - } .
(d) Section 23 { + , chapter 660, Oregon Laws 2009, + }
{ - of this 2009 Act - } and the provisions of this subsection
and subsection (13) of this section do not apply to a person
sentenced to the legal and physical custody of a supervisory
authority under ORS 137.124 (2) whose term of active post-prison
supervision imposed by the sentencing court expires on or before
the date that is two months after { - the effective date of
this 2009 Act - } { + July 1, 2009 + }.
SECTION 7. Section 18, chapter 660, Oregon Laws 2009, is
amended to read:
{ + Sec. 18. + } (1)(a) Notwithstanding section 49 (6) { + ,
chapter 660, Oregon Laws 2009, + } { - of this 2009 Act - }
and except as provided in paragraph (b) of this subsection,
{ - if the court enters the supplemental judgment described in
subsection (5)(b) or (7)(b) of this section, - } the amendments
to ORS 421.121 by section 17 { + , chapter 660, Oregon Laws
2009, + } { - of this 2009 Act - } apply to inmates { + who
were sentenced before July 1, 2009, and are not prohibited by any
other provision of law from obtaining a reduction in the term of
incarceration under ORS 421.121 if, before the effective date of
this 2010 Act + }:
{ - (A) Sentenced before the effective date of this 2009 Act;
and - }
{ - (B) Who are not prohibited by any other provision of law
from obtaining a reduction in the term of incarceration under ORS
421.121. - }
{ + (A) The court has entered the supplemental judgment
described in subsection (5)(b) of this section; or
(B) The court has, pursuant to subsection (7)(b) of this
section, ordered on the record in open court that the Department
of Corrections may consider the inmate for a reduction in the
term of incarceration under ORS 421.121 that may not exceed 30
percent of the total term of incarceration in a department
institution. + }
(b) The amendments to ORS 421.121 by section 17 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } do not
apply to inmates who are released by the Department of
Corrections on transitional leave under ORS 421.168 or on
conditional release under ORS 420A.206, on or before the
operative date specified in section 48 (1)(a) { + , chapter 660,
Oregon Laws 2009 + } { - of this 2009 Act - } .
(2)(a) If the Department of Corrections determines, pursuant to
rules adopted by the department, that an inmate sentenced before
{ - the effective date of this 2009 Act - } { + July 1,
2009, + } is eligible for a reduction in the term of
incarceration under ORS 421.121 that exceeds 20 percent of the
total term of incarceration in a department institution, the
department shall notify:
(A) The inmate; and
(B) The presiding judge, trial court administrator and district
attorney, in the county in which the inmate was convicted.
(b) The notice described in paragraph (a) of this subsection
shall indicate the sentences and counts for which the inmate is
eligible for a reduction in the term of incarceration.
(c) In addition to the notice described in paragraph (a) of
this subsection, the department shall provide the presiding judge
and trial court administrator with a supplemental judgment
described in subsection (14)(a) of this section for the
identified inmate.
(3) Upon receipt of the notice, the trial court administrator
shall file the notice with the court and, if the inmate is
serving a sentence for a crime for which there is a victim, the
district attorney shall make reasonable efforts to inform the
victim:
(a) That the inmate may be eligible for a reduction in the term
of incarceration under ORS 421.121 that exceeds 20 percent of the
total term of incarceration in a department institution;
(b) Of the victim's rights implicated by the inmate's
eligibility for the reduction;
(c) That if the victim wishes to object to the inmate's
eligibility for the reduction, the victim must notify the
district attorney within 20 days of the date the notice described
in subsection (2) of this section is filed with the court by the
trial court administrator; and
(d) That if the victim fails to object in accordance with
paragraph (c) of this subsection, the sentencing court may
authorize the department to consider the inmate for the
reduction.
(4)(a) If the district attorney receives a timely notice of
objection from a victim or if the district attorney objects to
the inmate's eligibility for a reduction in the term of
incarceration under ORS 421.121 that exceeds 20 percent of the
total term of incarceration in a department institution, the
district attorney must file notice of the objection with the
court no later than:
(A) If the inmate is serving a sentence for a crime for which
there is a victim, 21 days after the date the notice described in
subsection (2) of this section is filed with the court by the
trial court administrator.
(B) If the inmate is not serving a sentence for a crime for
which there is a victim, 14 days after the date the notice
described in subsection (2) of this section is filed with the
court by the trial court administrator.
(b) Unless the court has entered the judgment described in
subsection (5)(b) of this section, the court may, for good cause
shown, allow the filing of a notice of objection on a date later
than the date described in paragraph (a) of this subsection.
(5)(a) If a notice of objection is filed with the court within
the time period described in subsection (4) of this section or if
the sentencing court, on its own motion, determines that a
hearing is necessary, the court shall set a hearing within 35
days of the date the notice described in subsection (2) of this
section is filed with the court by the trial court administrator,
unless the court finds good cause to hold the hearing at a later
date.
(b) If a notice of objection is not filed with the court within
the time period described in subsection (4) of this section and
the sentencing court determines that it is appropriate to
authorize the department to consider the inmate for a reduction
in the term of incarceration under ORS 421.121 that may not
exceed 30 percent of the total term of incarceration in a
department institution, the court shall enter a supplemental
judgment using the form of judgment submitted by the department
under subsection (14)(a) of this section.
(6)(a) When the court sets a hearing under subsection (5)(a) of
this section, the court shall appoint counsel for the inmate and
notify the inmate, the inmate's counsel, the department and the
district attorney of the hearing date. Upon receipt of the
notice, the district attorney shall, if the inmate is serving a
sentence for a crime for which there is a victim, make reasonable
efforts to inform the victim of:
(A) The hearing date; and
(B) The victim's rights implicated in the hearing.
(b) Pursuant to ORS 151.216 and 151.219, the Public Defense
Services Commission shall provide for the representation of an
inmate for whom counsel is appointed under this subsection.
(7)(a) At the hearing, the inmate, the district attorney and
the victim may introduce evidence relevant to the determination
of whether, based on the information available to the parties and
the court at the time the sentence was originally imposed, a
reduction in the term of incarceration under ORS 421.121 that
exceeds 20 percent of the total term of incarceration is
appropriate.
(b) Upon the conclusion of the hearing, the court shall order
on the record in open court that the department is authorized to
consider the inmate for a reduction in the term of incarceration
under ORS 421.121 that may not exceed 30 percent of the total
term of incarceration in a department institution, unless the
court finds, on the record and in open court, substantial reasons
to order that the inmate not be considered for the reduction. If
the court orders that the inmate may be considered for the
reduction, the court shall enter a supplemental judgment using
the form of judgment submitted by the department under subsection
(14)(a) of this section.
(c) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply to a
hearing conducted under this section.
(d) The sentencing court has jurisdiction to modify its
judgment and sentence to enter the supplemental judgment
described in subsection (5)(b) of this section or to reflect the
results of a hearing described in this subsection.
(8) Unless the court orders otherwise, an inmate shall appear
at a hearing described in subsection (7) of this section by
telephone, provided that the appearance allows for compliance
with the provisions of ORS 131.045 (1)(c)(A) to (D).
(9) Notwithstanding ORS 144.096 (1)(b) and (c) and (3), if the
department grants the inmate a reduction in the term of
incarceration that exceeds 20 percent of the total term of
incarceration in a department institution:
(a) The department shall submit a proposed release plan and, if
the proposed release plan is not approved by the State Board of
Parole and Post-Prison Supervision, a revised release plan, as
soon as reasonably practicable prior to the inmate's release from
prison; and
(b) The release plan and revised release plan prepared by the
department under this subsection may be abbreviated and need only
contain information the department determines by rule is
appropriate.
(10) Notwithstanding that the department grants an inmate a
reduction in the term of incarceration under ORS 421.121 that
exceeds 20 percent of the total term of incarceration in a
department institution, the department may defer the release of
an inmate for no more than 90 days when, in the judgment of the
department, the deferral is necessary or advisable in order for
the department to provide for transitional planning or for the
continuity of medical or mental health care or treatment to the
inmate.
(11) The post-prison supervision term of an inmate that is
released from a department institution after having been granted
a reduction in the term of incarceration under ORS 421.121 that
exceeds 20 percent of the total term of incarceration in a
department institution commences upon the inmate's physical
release from the department institution.
(12)(a) Nothing in this section or the amendments to ORS
421.121 by section 17 { + , chapter 660, Oregon Laws 2009 + }
{ - of this 2009 Act - } :
(A) Creates any cause of action for compensation or damages;
(B) Entitles an inmate to a hearing before the date set by the
court under subsection (5)(a) of this section; or
(C) Entitles an inmate to a reduction in the term of
incarceration, except as authorized by the sentencing court and
granted by the department in accordance with department rules.
(b) Notwithstanding ORS 30.265 or any other provision of law,
the department and its officers, employees and agents are immune
from any claim or action arising from:
(A) The failure to identify an inmate who is eligible for a
reduction in the term of incarceration under ORS 421.121 that
exceeds 20 percent of the total term of incarceration in a
department institution or to provide the notice described in
subsection (2) of this section;
(B) The failure to grant a reduction in the term of
incarceration under ORS 421.121 after the reduction has been
authorized by the sentencing court under subsection (5)(b) or
(7)(b) of this section; or
(C) The deferral of an inmate's release under subsection (10)
of this section.
(13) The Oregon Criminal Justice Commission shall conduct a
study that includes an assessment of the effects of this section
and the amendments to ORS 421.121 by section 17 { + , chapter
660, Oregon Laws 2009, + } { - of this 2009 Act - } on
reducing recidivism. The commission shall report the results of
the study to the Legislative Assembly in the manner provided in
ORS 192.245 no later than February 1, 2013.
(14) The Department of Corrections:
(a) Shall, after consulting with the Judicial Department,
prepare a form of supplemental judgment that specifies the
sentences and counts for which an inmate is eligible for a
reduction in the term of incarceration under ORS 421.121 that
exceeds 20 percent of the total term of incarceration.
(b) May adopt rules to carry out the provisions of this
section.
(15) As used in this section:
(a) 'Reasonable efforts to inform the victim' has the meaning
given that phrase in section 1, chapter 178, Oregon Laws 2009.
(b) 'Victim' has the meaning given that term in section 1,
chapter 178, Oregon Laws 2009.
SECTION 8. { + (1) Notwithstanding section 18, chapter 660,
Oregon Laws 2009, the Department of Corrections may not make the
notifications described in section 18 (2), chapter 660, Oregon
Laws 2009, on or after the effective date of this 2010 Act.
(2) The Department of Corrections may not consider an inmate
sentenced before July 1, 2009, for a reduction in the term of
incarceration under ORS 421.121 that exceeds 20 percent of the
total term of incarceration, unless before the effective date of
this 2010 Act:
(a) The court has entered the supplemental judgment described
in section 18 (5)(b), chapter 660, Oregon Laws 2009; or
(b) The court has, pursuant to section 18 (7)(b), chapter 660,
Oregon Laws 2009, ordered on the record in open court that the
department may consider the inmate for a reduction in the term of
incarceration under ORS 421.121 that may not exceed 30 percent of
the total term of incarceration in a department institution. + }
SECTION 9. { + (1) The Secretary of State shall conduct an
audit of the earned time credits program described in ORS
421.121. The audit shall include:
(a) An assessment of the Department of Corrections compliance
with statutory law and the department's rules, policies and
procedures;
(b) An evaluation of the actual and potential impacts of the
program, including an evaluation of the program's financial
impact and the impact of the program on recidivism and public
safety; and
(c) An analysis of best practices in similar programs conducted
in other jurisdictions.
(2) No later than January 1, 2011, the Secretary of State shall
submit a report to the Legislative Assembly in the manner
provided in ORS 192.245 that includes the results of the audit
described in subsection (1) of this section. + }
SECTION 10. { + Section 9 of this 2010 Act is repealed on
January 2, 2011. + }
SECTION 11. { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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