Oregon Supreme Court Overturns DOC Policy That Led to Dozens of Early Releases Without Warning to Victims or Courts
JACKSON COUNTY, Ore. — Months of pressure from the Jackson County District Attorney’s Office culminated in victory yesterday when the Oregon Supreme Court reversed the Department of Corrections (DOC) sentencing credit policy that led to the unlawful early release of 36 offenders, including 12 from Jackson County.
Oregon DOC Sentencing Credit Policy Reversed By Supreme Court
After DOC’s interpretation of a July Oregon Supreme Court State ex rel, Torres-Lopez v. Fahrion ruling significantly shortened prison terms, resulting in releases without prior notice to courts, prosecutors, or victims. DOC started applying credit for time served to each separate count of consecutive sentences rather than once to the total sentence.
Source: Oregon DOC Sentence Recalculation update and Jackson County DA announcement coverage
Dailytidings.com
The District Attorney’s office said the policy ran counter to the intention of sentencing courts, especially when consecutive sentences are imposed to reflect punishment for separate crimes.
The DA argued that the interpretation was a misreading of the high court’s decision. After the DOC failed to rectify the policy, despite a demand by the DA, a contempt of court action was filed against the agency, its director, and the administrator of the Offender Sentence Computation Unit.
The early release of Joaquin Cowart, convicted in Jackson County of four counts of sexually abusing a child and sentenced to four consecutive 36-month terms, totaling 12 years, was used in court to show how the sentence intended at 144 months by the court was effectively reduced to 10 days.
The original release date of Sept. 11, 2029, was shifted to June 3, 2021, after DOC’s credit calculation allocated 1,394 days of time served to each count. DOC released Cowart on Sept. 15, 2025, without notifying the district attorney’s office, the court, or the victim.
Thirty-five other offenders serving consecutive sentences statewide benefited from the policy between July and September.
Eleven of those cases were from Jackson County, including offenders convicted of DUII-related crimes, injuring children, sexual abuse, domestic violence-related witness tampering, burglary, and property crimes.
After the contempt action was filed, DOC reversed its position on consecutive sentences within the same case, agreeing that credit should be applied only once to the total sentence. The about turn resulted in Cowart and six other Jackson County offenders being returned to DOC custody to complete their remaining prison terms.