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Burns v. Newell

March 12, 1973

BURNS, RESPONDENT,
v.
NEWELL ET AL, APPELLANTS



Appeal from Circuit Court, Marion County. Edward O. Stadter, Jr., Judge.

William R. Canessa, Assistant Attorney General, Salem, argued the cause for appellants. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Ralph W. G. Wyckoff, Salem, argued the cause and filed the brief for respondent.

Schwab, Chief Judge, and Langtry and Thornton, Judges.

Schwab

Petitioner brought this habeas corpus proceedings contending he had been arbitrarily and capriciously denied "good time" credits on the sentence he was serving. Defendants are the members of the Board of Parole and Probation and the Superintendent of the Oregon State Penitentiary. The circuit court ruled in petitioner's favor, computed what it believed to be the proper amount of good time credit, determined petitioner had completed service of his sentence based on

its computations, and ordered his release from custody. Defendants appeal. We reverse.

In certain circumstances, Oregon prisoners are entitled to good time credits which have the effect of reducing the sentence served. 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 observed the rules of the institution, and where industry and general reformation are certified to the Governor by the superintendent of the penitentiary or correctional institution, shall be entitled, upon the order of the Governor, to a deduction from the term of his sentence to be computed as follows:

"* * *."

The balance of ORS 421.120 (1) specifies various formulas for determining the amount of good time a prisoner can accumulate.

When a prisoner is paroled, but violates the terms of his parole, resulting in the revocation thereof, ORS 421.120 (2) comes into play. It provides:

"When a paroled inmate violates any condition of his parole, no deduction from the term of his sentence, as provided in subsection (1) of this section, shall be made for service by such inmate in the penal or correctional institution prior to his acceptance and release on parole, except when authorized by the State ...


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