Calculating AIP and Earned Time
by: Abassos • April 28, 2011 • no comments
Bethany Smith, at DOC/Coffee Creek, put together the handy charts below demonstrating that on an AIP eligible prison sentence:
- it's better to have one long sentence rather than consecutive shorter ones adding up to the same amount. E.g., a 60 month sentence is better than two consecutive 30 month sentences.
- if there are consecutive sentences, it's better to have the last one longer and the earlier ones shorter. E.g., if the defendant is getting sentenced to 40 months and 20 months, you want the 20 month sentence first.
Calculating AIP on a Single Sentence
"On a 60-month sentence with 20% earned time (ET), inmate can get maximum of 12 months reduction off sentence for ET. (60 months - 12 months = 48 months remaining to be served after ET) - ORS 421.121
On the 48 months remaining to be served after ET reductions, inmate can get a maximum of 9.6 months reduction from successful completion of AIP (in other words, inmate can start post-prison supervision 9.6 months sooner than he/she would have if the inmate only had ET reductions.) (48 months x 20% = 9.6 months) - ORS 421.508(5)
Since AIP is 9 months in length (6 months institution phase + 3 months on transitional leave), inmate can enter AIP after 29.4 months at the earliest, to get a maximum AIP time cut of 9.6 months."
Calculating AIP on Consecutive Sentences
"However, if there are consecutive sentences, the answer changes as we calculate the max time cut of 20% for AIP completion on the individual sentence, not the sum total. For example, if we have two 30-month consecutive sentences totaling 60 months, the illustration would be as follows:"
"Inmate can get the ET time cut on the first sentence in the series, but cannot get a time cut for AIP, as the inmate would not be honoring the max time cut for AIP on the second sentence in the string if he starts AIP earlier than the date allowed on the second sentence."
"Earned time eligibility and actual earned time achieved will make a difference. Also, the sentence lengths and order of the sentences in the consecutive string will make a difference as well."
