Oregon Revised Statutes

Or. Rev. Stat. § 421.121 (2026)

Reduction in term of incarceration; rules

✓ current as of May 2026

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421.121 Reduction in term of incarceration; rules. (1) Except as provided in ORS 137.635, 137.700, 137.707, 163.105, 163.107 and 163.115, 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 of Corrections; and

(b) Participation in the adult basic skills development program described in ORS 421.084.

(2) 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 percent of the total term of incarceration in a Department of Corrections institution.

(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. [1989 c.790 §§60,61; 1991 c.855 §5; 2007 c.15 §5; 2009 c.623 §1; 2009 c.660 §§17,19; 2010 c.2 §§1,3; 2015 c.625 §1; 2019 c.213 §67; 2019 c.635 §25]

Notes of Decisions

Cited in 53 cases (10 in the last 5 years), 1992–2025 · leading case: Engweiler v. Persson, 316 P.3d 264 (Or. 2013).

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Engweiler v. Persson, 316 P.3d 264 (Or. 2013). · cites it 41× “In his case against the superintendent of the institution in which he is incarcerated, plaintiff seeks habeas corpus relief on the ground that the Board of Parole and Post-Prison Supervision (the board) has set a release date for him in 2018, but, when sentence reduction credits…”

State Ex Rel. Engweiler v. Cook, 133 P.3d 904 (Or. 2006). · cites it 25× “In this case, he seeks a writ of mandamus to compel the Department of Corrections (DOC) to permit him to earn credit under ORS 421.121 against his prison term for good prison behavior.”

Samson v. Brown, 486 P.3d 59 (Or. Ct. App. 2021). · cites it 18× “120 or for any reduction in term of incar- ceration pursuant to ORS 421.121.” (Emphases added.) First-degree burglary is one of the felonies described in subsection (2), ORS 137.”

State v. Berger, 392 P.3d 792 (Or. Ct. App. 2017). · cites it 11× “750, “the court does not have the authority to deny a defendant eligibility for ‘reduction in sentence [;] ’ [o]nly the Department of Corrections, pursuant to ORS 421.121, has that authority!.]” 1 The trial court rejected defendant’s argument, sentenced defendant to a total of…”

Burdge v. Palmateer, 112 P.3d 320 (Or. 2005). · cites it 4× “120 or for any reduction in term of incarceration pursuant to ORS 421.121." ORS 421.120 and ORS 421.121 authorize prison term reductions for commendable institutional conduct, and various work and educational activities in prison.”

State v. Dallavis, 432 P.3d 282 (Or. Ct. App. 2018). · cites it 10× “The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence…”

Black v. Bd. of Parole, 341 Or. App. 524 (Or. Ct. App. 2025). · cites it 7× “First, she seeks judicial review of an order of the Board of Parole and Post-Prison Supervision that set April 12, 2022, as her release date on the aggravated-murder sen- tence, raising an argument regarding her earned-time cred- its under ORS 421.121 (1995).1 Second, petitioner…”

State v. Portis, 236 P.3d 718 (Or. 2010). · cites it 8× “In 2009, the legislature amended ORS 421.121 to potentially increase the maximum to 30 percent for inmates not convicted of certain violent felonies.”

Woods v. Hendricks, 537 P.3d 163 (Or. Ct. App. 2023). · cites it 18× “Brown, 310 Or App 319 , 486 P3d 59 (2021), and a plain reading of the term-reduction statute, ORS 421.121, entitles him to earned time for the entirety of the eligible sentence.”

Burdge v. Palmateer, 67 P.3d 397 (Or. Ct. App. 2003). · cites it 4× “120 or for any reduction in term of incarceration pursuant to ORS 421.121." (Emphasis added.) At the time of sentencing in October 1994, petitioner had been found guilty in the following cases: (1) Case No.”

State v. Davis, 847 P.2d 834 (Or. 1993). · cites it 2× “12 Under ORS 421.121, defendant would still be eligible for a reduction in this “minimum” prison term for “appropriate institutional behavior” or for participation in a “functional literacy program.”

State v. Mitchell, 235 P.3d 725 (Or. Ct. App. 2010). · cites it 2× “See ORS 421.121 (providing for up to 20 percent reduction in prison sentences if certain conditions are met).”

Show all 53 citing cases →

— Or. Rev. Stat. § 421.121(1) — 11 cases

Engweiler v. Persson, 316 P.3d 264 (Or. 2013). “In his case against the superintendent of the institution in which he is incarcerated, plaintiff seeks habeas corpus relief on the ground that the Board of Parole and Post-Prison Supervision (the board) has set a release date for him in 2018, but, when sentence reduction credits…”

State Ex Rel. Engweiler v. Cook, 133 P.3d 904 (Or. 2006). “In this case, he seeks a writ of mandamus to compel the Department of Corrections (DOC) to permit him to earn credit under ORS 421.121 against his prison term for good prison behavior.”

State v. Berger, 392 P.3d 792 (Or. Ct. App. 2017). “750, “the court does not have the authority to deny a defendant eligibility for ‘reduction in sentence [;] ’ [o]nly the Department of Corrections, pursuant to ORS 421.121, has that authority!.]” 1 The trial court rejected defendant’s argument, sentenced defendant to a total of…”

Woods v. Hendricks, 537 P.3d 163 (Or. Ct. App. 2023). “Brown, 310 Or App 319 , 486 P3d 59 (2021), and a plain reading of the term-reduction statute, ORS 421.121, entitles him to earned time for the entirety of the eligible sentence.”

State Ex Rel. Engweiler v. Cook, 103 P.3d 1205 (Or. Ct. App. 2005).

— Or. Rev. Stat. § 421.121(1)(a) — 2 cases

Woods v. Hendricks (Or. Ct. App. 2023).

— Or. Rev. Stat. § 421.121(2) — 5 cases

State v. Davis, 847 P.2d 834 (Or. 1993). “12 Under ORS 421.121, defendant would still be eligible for a reduction in this “minimum” prison term for “appropriate institutional behavior” or for participation in a “functional literacy program.”

State v. Portis, 236 P.3d 718 (Or. 2010). “In 2009, the legislature amended ORS 421.121 to potentially increase the maximum to 30 percent for inmates not convicted of certain violent felonies.”

State v. Portis, 225 P.3d 841 (Or. Ct. App. 2010).

State Ex Rel. Engweiler v. Cook, 103 P.3d 1205 (Or. Ct. App. 2005).

— Or. Rev. Stat. § 421.121(4) — 2 cases

State Ex Rel. Engweiler v. Cook, 103 P.3d 1205 (Or. Ct. App. 2005).

Curry v. Grill, 866 P.2d 1237 (Or. Ct. App. 1993).

— Or. Rev. Stat. § 421.121(l)(a) — 1 case

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