421.508
Determination of eligibility for program; denial; suspension or removal;
completion. (1)(a)
The Department of Corrections is responsible for determining which offenders
are eligible to participate in, and which offenders are accepted for, a
program. However, the department may not release an offender under subsection
(4) of this section unless authorized to do so as provided in ORS 137.751.
(b) The
department may not accept an offender into a program unless the offender
consents in writing and signs a program participation agreement, prepared by
the department, containing a statement providing that the offender has reviewed
the program description provided by the department and agrees to comply with
each of the requirements of the program.
(c) The
department may deny, for any reason, an offender’s participation in a program.
The department shall make the final determination regarding an offender’s
physical or mental ability to meet the requirements of the program.
(d) If the
department determines that an offender’s participation in a program is
consistent with the safety of the community, the welfare of the applicant, the
program objectives and the rules of the department, the department may, in its
discretion, accept the offender into the program.
(2) The
department may suspend or remove an offender from a program for administrative
or disciplinary reasons.
(3) The
department may not accept an offender into a program if:
(a) The
department has removed the offender from a program during the term of
incarceration for which the offender is currently sentenced; or
(b) The offender
has a current detainer from any jurisdiction that will not expire prior to the
offender’s release from the custody of the department.
(4) When an
offender has successfully completed a program, the department may release the
offender on post-prison supervision if:
(a) The court has
entered the order described in ORS 137.751; and
(b) The offender
has served a term of incarceration of at least one year.
(5) An offender
may not be released on post-prison supervision under subsection (4) of this
section if the release would reduce the term of incarceration the offender
would otherwise be required to serve by more than 20 percent.
(6) For the
purposes of calculating the term of incarceration served under subsection
(4)(b) of this section, the department shall include:
(a) The time that
an offender is confined under ORS 137.370 (2)(a); and
(b) The time for
which an offender is granted nonprison leave under ORS 421.510.
(7) Successful
completion of a program does not relieve the offender from fulfilling any other
obligations imposed as part of the sentence including, but not limited to, the
payment of restitution and fines. [1993 c.681 §4; 1997 c.313 §17; 2003 c.464 §4;
2008 c.35 §4; 2023 c.108 §5]
Note: See note under 421.500.
Notes of Decisions
Cited in
9
cases (
6 in the last 5 years), 2006–2025 · leading case:
State v. Goodenough, 331 P.3d 1076 (Or. Ct. App. 2014).
State v. Goodenough, 331 P.3d 1076 (Or. Ct. App. 2014).
· cites it 7× “751(1) provides: “(1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment…”
State v. Cross, 331 P.3d 1073 (Or. Ct. App. 2014).
· cites it 8× “750 to deny defendant eligibility for alternative incarceration programs (AIPs) and early release under ORS 421.508. 1 We conclude that it was not, because ORS 137.”
Diego Mendoza-Garcia v. Merrick Garland, 36 F.4th 989 (9th Cir. 2022).
“See Or. Rev. Stat. § 421.508 (4). Reading the order within the context of the relevant Oregon law, it is clear that Petitioner was sentenced to a term of incarceration of 55 months in the custody of the Oregon Department of Corrections.”
State v. Clark, 134 P.3d 1074 (Or. Ct. App. 2006).
“” ORS 421.508(l)(c). Or, a defendant will fail to obtain a sentence reduction under ORS 421.”
State v. Nedelic, 511 P.3d 1136 (Or. Ct. App. 2022).
· cites it 4× “70 Submitted April 29; portion of judgment denying AIP programming under ORS 421.508(4) vacated, remanded for resentencing, otherwise affirmed June 2; petition for review denied November 3, 2022 ( 370 Or 455 ) STATE OF OREGON, Plaintiff-Respondent, v.”
Kragt v. Bd. of Parole, 563 P.3d 359 (Or. 2025).
“That 8 OAR 213-012-0030(3)(b) has since been amended to add that the supervi- sion term may also begin “upon release pursuant to ORS 421.508.” That amend- ment does not affect our conclusion here.”
State v. Mueller, 548 P.3d 178 (Or. Ct. App. 2024).
· cites it 3× “Mueller ORS 421.508 addresses eligibility for participation in such programs.”
State v. Covell, 519 P.3d 173 (Or. Ct. App. 2022).
· cites it 2× “751(1) (allowing a defendant sentenced to more than one year of incarceration to request an eligibility determination for release on post- prison supervision under ORS 421.508(4), and providing that, if the court makes six specific findings after holding a hearing, “[t]he court…”
State v. Cowart, 323 Or. App. 281 (Or. Ct. App. 2022).
“The Defendant may not be considered for release on post- prison supervision under ORS 421.508(4) upon successful completion of an alternative incarceration program.”
— Or. Rev. Stat. § 421.508(4) — 6 cases
State v. Goodenough, 331 P.3d 1076 (Or. Ct. App. 2014).
“751(1) provides: “(1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment…”
State v. Cross, 331 P.3d 1073 (Or. Ct. App. 2014).
“750 to deny defendant eligibility for alternative incarceration programs (AIPs) and early release under ORS 421.508. 1 We conclude that it was not, because ORS 137.”
State v. Nedelic, 511 P.3d 1136 (Or. Ct. App. 2022).
“70 Submitted April 29; portion of judgment denying AIP programming under ORS 421.508(4) vacated, remanded for resentencing, otherwise affirmed June 2; petition for review denied November 3, 2022 ( 370 Or 455 ) STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Mueller, 548 P.3d 178 (Or. Ct. App. 2024).
“Mueller ORS 421.508 addresses eligibility for participation in such programs.”
State v. Covell, 519 P.3d 173 (Or. Ct. App. 2022).
“751(1) (allowing a defendant sentenced to more than one year of incarceration to request an eligibility determination for release on post- prison supervision under ORS 421.508(4), and providing that, if the court makes six specific findings after holding a hearing, “[t]he court…”
— Or. Rev. Stat. § 421.508(l)(a) — 2 cases
State v. Goodenough, 331 P.3d 1076 (Or. Ct. App. 2014).
“751(1) provides: “(1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (4). The court shall order in the judgment…”
State v. Cross, 331 P.3d 1073 (Or. Ct. App. 2014).
“750 to deny defendant eligibility for alternative incarceration programs (AIPs) and early release under ORS 421.508. 1 We conclude that it was not, because ORS 137.”
— Or. Rev. Stat. § 421.508(l)(c) — 1 case
State v. Clark, 134 P.3d 1074 (Or. Ct. App. 2006).
“” ORS 421.508(l)(c). Or, a defendant will fail to obtain a sentence reduction under ORS 421.”
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