Oregon Revised Statutes

Or. Rev. Stat. § 421.120 (2026)

Reduction in term of sentence; rules

✓ current as of May 2026
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      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…”
Bartholomew v. Reed, 477 F. Supp. 223 (D. Or. 1979).
Evans v. Oregon State Penitentiary, 743 P.2d 168 (Or. Ct. App. 1987).
Neal v. Maass, 764 P.2d 947 (Or. Ct. App. 1988).
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
Weidner v. Oregon State Penitentiary, 877 P.2d 62 (Or. 1994).
Haffey v. Keeney, 735 P.2d 16 (Or. Ct. App. 1987).
Davis v. Toombs, 759 P.2d 277 (Or. Ct. App. 1988).
— 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…”
Neal v. Maass, 764 P.2d 947 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 421.120(1)(c) — 1 case
Ferguson v. Cupp, 541 P.2d 489 (Or. Ct. App. 1975).
— Or. Rev. Stat. § 421.120(1)(h) — 2 cases
Erbs v. Bd. of Parole, 752 P.2d 318 (Or. Ct. App. 1988).
Smith v. State Bd. of Parole, 683 P.2d 998 (Or. 1984).
— 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.”
Ventris v. Maass, 781 P.2d 1224 (Or. Ct. App. 1989).
Campbell v. State, 297 P.3d 489 (Or. Ct. App. 2013).
Brown v. Cupp, 572 P.2d 1065 (Or. Ct. App. 1977).
— Or. Rev. Stat. § 421.120(3) — 3 cases
Day v. Bd. of Parole & Post-Prison Supervision, 56 P.3d 495 (Or. Ct. App. 2002).
Curry v. Grill, 866 P.2d 1237 (Or. Ct. App. 1993).
— 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.”
Hickey v. Oregon State Penitentiary, 874 P.2d 102 (Or. Ct. App. 1994).
State Ex Rel. Osborne v. Cook, 59 P.3d 531 (Or. Ct. App. 2002).
Bagby v. Oregon State Penitentiary, 847 P.2d 898 (Or. Ct. App. 1993).
Smith v. State Bd. of Parole, 683 P.2d 998 (Or. 1984).
— Or. Rev. Stat. § 421.120(l)(b) — 1 case
McKenzie v. Bd. of Parole, 823 P.2d 1023 (Or. Ct. App. 1992).
— 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.”
Mason v. Oregon State Corr. Inst., 578 P.2d 808 (Or. Ct. App. 1978).
Smith v. State Bd. of Parole, 683 P.2d 998 (Or. 1984).
Haffey v. Keeney, 735 P.2d 16 (Or. Ct. App. 1987).
— 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.”
Mason v. Oregon State Corr. Inst., 578 P.2d 808 (Or. Ct. App. 1978).
Melton v. Oregon State Corr. Inst., 580 P.2d 572 (Or. Ct. App. 1978).
Smith v. State Bd. of Parole, 683 P.2d 998 (Or. 1984).
— Or. Rev. Stat. § 421.120(la) — 1 case
Mason v. Oregon State Corr. Inst., 578 P.2d 808 (Or. Ct. App. 1978).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.