§ 137.320 Delivery of defendant when committed to Department of Corrections; credit on sentence

(1) Except as provided in ORS 137.124, when a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of the entry of judgment and a statement signed by the sheriff of the number of days the defendant was imprisoned prior to delivery, to the superintendent of the Department of Corrections institution to which the defendant is initially assigned pursuant to ORS 137.124. If at the time of entry of a judgment, the defendant was serving a term of incarceration at the direction of the supervisory authority of a county upon conviction of a prior felony, the sheriff shall also deliver to the Department of Corrections a copy of the prior entry of judgment committing the defendant to the supervisory authority of the county of conviction and a statement of the number of days the defendant has remaining to be served on the term or incarceration imposed in the prior judgment.

(2) If the defendant is surrendered to another legal authority prior to delivery to an institution of the Department of Corrections, the sheriff shall forward to the Department of Corrections copies of the entry of all pertinent judgments, a statement of the number of days the defendant was imprisoned prior to surrender, a statement of the number of days the defendant has remaining to be served on any term of incarceration the defendant was serving at the direction of the supervisory authority of a county upon conviction of a prior felony and an identification of the authority to whom the prisoner was surrendered.

(3) Upon receipt of the information described in subsection (1) or (2) of this section, the Department of Corrections shall establish a case file and compute the defendant’s sentence in accordance with the provisions of ORS 137.370.

(4) When the judgment is imprisonment in the county jail or a fine and that the defendant be imprisoned until it is paid, the judgment shall be executed by the sheriff of the county. The sheriff shall compute the time the defendant was imprisoned after arrest and prior to the commencement of the term specified in the judgment. Such time shall be credited toward the term of the sentence.

(5)(a) Unless expressly ordered by the court within the judgment, when computing the defendant’s sentence in accordance with the provisions of ORS 137.370, the Department of Corrections may not perform a sentence computation that results in more presentence incarceration credit than the person actually served in custody, on the case for which the sentence is being computed, prior to being committed to the custody of the department.

(b) If, during the pendency of the defendant’s sentence, but after the initial 140 days after the defendant’s commitment to the custody of the department, the department recomputes a presentence incarceration credit, and the recomputation results in a projected release date that is different from a previously computed projected release date, prior to the defendant’s release the department shall provide written notice of the recomputation to:

(A) The sentencing court;

(B) The prosecuting attorney; and

(C) The defendant and the defendant’s trial counsel.

(c) The written notice described in paragraph (b) of this subsection shall include the previously computed release date, the new release date, an explanation for the recomputation and a description of any efforts made by the department to notify any person who requested notifications related to sentencing changes for the person.

(d) When the department recomputes a presentence incarceration credit and the recomputation results in a projected release date that is different from a previously computed projected release date, the department shall provide the defendant with information concerning the process by which the recomputation may be challenged.