421.084 Adult
basic skills development program; contents. (1) The Administrator of Correctional Education shall
administer an adult basic skills development program for all individuals in the
custody of the Department of Corrections. The program shall:
(a) Test
individuals for basic reading and mathematics skills or, for individuals with
limited English language proficiency, English speaking skills. Testing for
basic intelligence, learning disabilities, developmental disabilities and
adaptive behavior skills shall be administered as needed except that the
administrator may accept equivalent test results from other sources.
(b) Except as
provided in subsection (2) of this section, be mandatory for all individuals
testing below a 8.0 grade equivalency on a standardized reading test approved
by the National Reporting System for Adult Education of the United States
Department of Education and by the Adult Basic Skills Program of the Office of
Community Colleges and Workforce Development.
(c) Provide
progress testing and certification.
(d) Provide
strong incentives for entering the program and for achieving the minimum
reading level and, for those individuals with demonstrated ability, provide
incentives for making progress toward earning a certificate for passing an
approved high school equivalency test such as the General Educational
Development (GED) test.
(e) Maintain
records of an individual’s achievement in the program and make those records
available to the State Board of Parole and Post-Prison Supervision.
(2) Testing for
basic skills and participation in the adult basic skills development program
are not required for adults in custody:
(a) Sentenced to
or otherwise confined by the department for less than one year;
(b) Sentenced to
life imprisonment without parole;
(c) Sentenced to
death;
(d) With
developmental disabilities; or
(e) Who are
specifically exempted by the Department of Corrections for security or health
reasons. [1989 c.363 §3; 1991 c.855 §4; 2007 c.15 §3; 2007 c.70 §202; 2007 c.71
§114a; 2015 c.366 §93; 2017 c.66 §24; 2019 c.213 §134]
RIGHTS OF ADULTS IN
CUSTODY
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 1993–2025 · leading case:
State v. Berger, 392 P.3d 792 (Or. Ct. App. 2017).
State v. Berger, 392 P.3d 792 (Or. Ct. App. 2017).
“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…”
Black v. Bd. of Parole, 341 Or. App. 524 (Or. Ct. App. 2025).
· cites it 2× “635, each inmate sentenced to the custody of the department for felonies com- mitted on or after November 1, 1989, shall be eligible for a reduction in the term of incarceration for appropriate insti- tutional behavior, as defined by rule of the Department of Corrections, and…”
State v. Portis, 236 P.3d 718 (Or. 2010).
· cites it 2× “2 Or Laws 2009, ch 660, § 17(2)(a), provided (deleted text in brackets and italics; new text in boldface type): *562 “The maximum amount of time credits earned for appropriate institu- | tional behavior or for participation in the adult basic skills development program described…”
State v. Dallavis, 432 P.3d 282 (Or. Ct. App. 2018).
“700, * * * 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…”
State v. Portis, 225 P.3d 841 (Or. Ct. App. 2010).
“2 Or Laws 2009, eh 660, § 17(2)(a), provides: “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 [20] 30 percent of the total term of…”
Woods v. Hendricks, 537 P.3d 163 (Or. Ct. App. 2023).
“115, each adult in custody sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eli- gible for a reduction in the term of incarceration for: “(a) Appropriate institutional behavior, as defined by rule of the Department…”
State Ex Rel. Engweiler v. Cook, 103 P.3d 1205 (Or. Ct. App. 2005).
“certain repeat offenders], each inmate sentenced to the custody of the Department of Corrections for felonies committed on or *36 after November 1, 1989, shall be eligible for a reduction in the term of incarceration for appropriate institutional behavior, as defined by rule of…”
Curry v. Grill, 866 P.2d 1237 (Or. Ct. App. 1993).
“635, each inmate sentenced to the custody of the department for felonies committed on or after November 1, 1989, shall be eligible for a reduction in the term of incarceration for appropriate institutional behavior, as defined by rule of the Department of Corrections, and for…”
Woods v. Hendricks (Or. Ct. App. 2023).
“115, each adult in custody 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…”
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