421.120
Reduction in term of sentence; rules.
(1) As used in this section, “prison employment” includes actual work in prison
industry, meritorious work in connection with prison maintenance and operation,
actual work in agriculture and actual work at work camp.
(2) Each adult in
custody confined in execution of the judgment of sentence upon any conviction
in the Department of Corrections institution, for any term other than life, and
whose record of conduct shows that the adult in custody faithfully has observed
the rules of the institution, shall be entitled to a deduction from the term of
sentence to be computed as follows:
(a) From the term
of a sentence of not less than six months nor more than one year, one day shall
be deducted for every six days of the sentence actually served in the
Department of Corrections institution.
(b) From the term
of a sentence of more than one year, one day shall be deducted for every two
days of the sentence actually served in the Department of Corrections
institution.
(c) From the term
of any sentence, one day shall be deducted for every 15 days of work actually
performed in prison industry, or in meritorious work in connection with prison
maintenance and operation, or of enrollment in an educational activity as certified
by the educational director of the institution during the first year of prison
employment or educational activity, and one day shall be deducted for every
seven days of such work actually performed or educational activity certified
after the first year to and including the fifth year of prison employment or
educational activity certified, and one day for every six days of the work
actually performed or educational activity certified after the fifth year of
prison employment.
(d) From the term
of any sentence, one day shall be deducted for every 10 days of work actually
performed in agriculture during the first year of prison employment, and one
day for every six days of the work actually performed thereafter.
(e) From the term
of any sentence, one day shall be deducted for every six days’ work performed
at work camp during the first year of prison employment, and one day for every
four days thereafter. Once the four-day rate is achieved, it may be applied to
subsequent work or education release programs while the adult in custody is
serving the same term.
(3) The
deductions allowed in subsection (2)(c), (d) and (e) of this section shall be
in addition to those allowed in subsection (2)(a) and (b) of this section.
(4) The
Department of Corrections shall develop pursuant to the rulemaking provisions
of ORS chapter 183 a uniform procedure for granting, retracting and restoring
deductions allowed in subsection (2) of this section.
(5) When a
paroled adult in custody violates any condition of parole, no deduction from
the term of sentence, as provided in subsection (2) of this section, shall be
made for service by the adult in custody in the Department of Corrections
institution prior to acceptance and release on parole, except when authorized
by the State Board of Parole and Post-Prison Supervision upon recommendation of
the superintendent thereof.
(6) The
provisions of this section shall apply only to offenders sentenced for felonies
committed prior to November 1, 1989. [Amended by 1953 c.560 §2; 1955 c.505 §1;
1957 c.686 §1; 1969 c.502 §10; 1973 c.562 §1; 1975 c.264 §1; 1977 c.374 §2;
1981 c.425 §2; 1985 c.53 §1; 1987 c.320 §166; 1989 c.790 §56; 2003 c.14 §231;
2019 c.213 §66]
Notes of Decisions
Cited in
79
cases (
4 in the last 5 years), 1955–2024 · leading case:
Burdge v. Palmateer, 112 P.3d 320 (Or. 2005).
Burdge v. Palmateer, 112 P.3d 320 (Or. 2005).
· cites it 8× “The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120." All three cases here involved felonies listed in subsection (2) of that statute.”
Fredericks v. Gladden, 315 P.2d 1010 (Or. 1957).
· cites it 29× “The court then considered whether or not the plaintiff received his discharge from imprisonment by the exercise of the constitutional power of the governor to grant pardons and commutations or whether the discharge was solely pursuant to the provisions of ORS 421.120 not…”
Samson v. Brown, 486 P.3d 59 (Or. Ct. App. 2021).
· cites it 8× “The person shall not be eligible for any reduction in sentence pur- suant to ORS 421.120 or for any reduction in term of incar- ceration pursuant to ORS 421.”
Engweiler v. Persson, 316 P.3d 264 (Or. 2013).
· cites it 3× “121(2) also used the phrase “term *556 of incarceration,” while contemporaneously amended ORS 421.120 (1989), which applies to offenses committed before November 1, 1989, instead used the phrase “term of sentence.”
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997).
· cites it 2× “The person is not eligible for any reduction in the sentence for any reason whatsoever under ORS 421.120, 421.121 or any other statute.”
State Ex Rel. Hall v. Riggs, 877 P.2d 56 (Or. 1994).
· cites it 7× “” 2 Thus, if the text is to be taken literally, the inmate is entitled to judicial review under ORS 421.”
Burdge v. Palmateer, 67 P.3d 397 (Or. Ct. App. 2003).
· cites it 4× “The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120 or for any reduction in term of incarceration pursuant to ORS 421.”
Fredericks v. Gladden, 308 P.2d 613 (Or. 1957).
· cites it 14× “Paul Patterson Governor State of Oregon Salem, Oregon Dear Governor Patterson: In compliance with the Provisions of Chapter 505 Oregon Laws 1955, (ORS 421.120 Revised), I hereby certify that the inmates listed below are entitled to “Good Time” credits as indicated; scheduled for…”
State v. Langdon, 999 P.2d 1127 (Or. 2000).
· cites it 2× “The person is not eligible for any reduction in the sentence for any reason whatsoever under ORS 421.120, 421.121[ 3 ] or any other statute.”
State v. Allison, 923 P.2d 1224 (Or. Ct. App. 1996).
· cites it 2× “The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody.”
Burns v. Newell, 507 P.2d 414 (Or. Ct. App. 1973).
· cites it 9× “The relevant statute, ORS 421.120 (1) provides: “Each inmate now or hereafter confined, in execution of the judgment or sentence upon any conviction, in the penal or correctional institution,- for any term other than life, and whose record of conduct shows that he faithfully has…”
Bollinger v. Bd. of Parole & Post-Prison Supervision, 920 P.2d 1111 (Or. Ct. App. 1996).
· cites it 5× “ORS 421.120 and ORS 421.122 establish a formula by which the Department of Corrections may reduce an inmate’s prison term if the prisoner “faithfully has observed the rules of the institution.”
— Or. Rev. Stat. § 421.120(1) — 13 cases
Fredericks v. Gladden, 315 P.2d 1010 (Or. 1957).
“The court then considered whether or not the plaintiff received his discharge from imprisonment by the exercise of the constitutional power of the governor to grant pardons and commutations or whether the discharge was solely pursuant to the provisions of ORS 421.120 not…”
Bollinger v. Bd. of Parole & Post-Prison Supervision, 920 P.2d 1111 (Or. Ct. App. 1996).
“ORS 421.120 and ORS 421.122 establish a formula by which the Department of Corrections may reduce an inmate’s prison term if the prisoner “faithfully has observed the rules of the institution.”
— Or. Rev. Stat. § 421.120(1)(a) — 3 cases
— Or. Rev. Stat. § 421.120(1)(b) — 2 cases
Fredericks v. Gladden, 315 P.2d 1010 (Or. 1957).
“The court then considered whether or not the plaintiff received his discharge from imprisonment by the exercise of the constitutional power of the governor to grant pardons and commutations or whether the discharge was solely pursuant to the provisions of ORS 421.120 not…”
— Or. Rev. Stat. § 421.120(1)(c) — 1 case
— Or. Rev. Stat. § 421.120(1)(h) — 2 cases
— Or. Rev. Stat. § 421.120(2) — 4 cases
Bollinger v. Bd. of Parole & Post-Prison Supervision, 920 P.2d 1111 (Or. Ct. App. 1996).
“ORS 421.120 and ORS 421.122 establish a formula by which the Department of Corrections may reduce an inmate’s prison term if the prisoner “faithfully has observed the rules of the institution.”
— Or. Rev. Stat. § 421.120(3) — 3 cases
— Or. Rev. Stat. § 421.120(6) — 1 case
Samson v. Brown, 486 P.3d 59 (Or. Ct. App. 2021).
“The person shall not be eligible for any reduction in sentence pur- suant to ORS 421.120 or for any reduction in term of incar- ceration pursuant to ORS 421.”
— Or. Rev. Stat. § 421.120(8) — 1 case
Engweiler v. Persson, 316 P.3d 264 (Or. 2013).
“121(2) also used the phrase “term *556 of incarceration,” while contemporaneously amended ORS 421.120 (1989), which applies to offenses committed before November 1, 1989, instead used the phrase “term of sentence.”
— Or. Rev. Stat. § 421.120(l)(a) — 8 cases
State Ex Rel. Hall v. Riggs, 877 P.2d 56 (Or. 1994).
“” 2 Thus, if the text is to be taken literally, the inmate is entitled to judicial review under ORS 421.”
— Or. Rev. Stat. § 421.120(l)(b) — 1 case
— Or. Rev. Stat. § 421.120(l)(c) — 4 cases
State Ex Rel. Hall v. Riggs, 877 P.2d 56 (Or. 1994).
“” 2 Thus, if the text is to be taken literally, the inmate is entitled to judicial review under ORS 421.”
— Or. Rev. Stat. § 421.120(l)(h) — 4 cases
State Ex Rel. Hall v. Riggs, 877 P.2d 56 (Or. 1994).
“” 2 Thus, if the text is to be taken literally, the inmate is entitled to judicial review under ORS 421.”
— Or. Rev. Stat. § 421.120(la) — 1 case
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